[House Report 112-331]
[From the U.S. Government Publishing Office]
112th Congress } { Report
1st Session } HOUSE OF REPRESENTATIVES { 112-331
_______________________________________________________________________
MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES
APPROPRIATIONS ACT, 2012
----------
CONFERENCE REPORT
to accompany
H.R. 2055
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 15, 2011.--Ordered to be printed
112th Congress Report
1st Session HOUSE OF REPRESENTATIVES 112-331
_______________________________________________________________________
MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES
APPROPRIATIONS ACT, 2012
__________
CONFERENCE REPORT
to accompany
H.R. 2055
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 15, 2011.--Ordered to be printed
112th Congress Report
1st Session HOUSE OF REPRESENTATIVES 112-331
======================================================================
MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES
APPROPRIATIONS ACT, 2012
_______
December 15, 2011.--Ordered to be printed
_______
Mr. Rogers of Kentucky, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 2055]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
2055), making appropriations for military construction, the
Department of Veterans Affairs, and related agencies for the
fiscal year ending September 30, 2012, and for other purposes,
having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as
follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations
Act, 2012''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
Sec. 5. Availability of funds.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related agencies
Title VIII--General provisions
Title IX--Overseas contingency operations
DIVISION B--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2012
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent agencies
Title V--General provisions
DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2012
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent agencies
Title VI--General provisions--This Act
Title VII--General provisions--Government-wide
Title VIII--General provisions--District of Columbia
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2012
Title I--Departmental management and operations
Title II--Security, enforcement, and investigations
Title III--Protection, preparedness, response, and recovery
Title IV--Research and development, training, and services
Title V--General provisions
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2012
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related agencies
Title IV--General provisions
DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related agencies
Title V--General provisions
DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2012
Title I--Legislative branch
Title II--General provisions
DIVISION H--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
AGENCIES APPROPRIATIONS ACT, 2012
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related agencies
Title IV--Overseas contingency operations
Title V--General provisions
DIVISION I--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2012
Title I--Department of State and related agency
Title II--United States Agency for International Development
Title III--Bilateral economic assistance
Title IV--International security assistance
Title V--Multilateral assistance
Title VI--Export and investment assistance
Title VII--General provisions
Title VIII--Overseas contingency operations
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2012.
SEC. 5. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 shall be available (or
rescinded, if applicable) only if the President subsequently so
designates all such amounts and transmits such designations to
the Congress.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012
TITLE I
Military Personnel, Army
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty, (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $43,298,409,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active duty
(except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund,
$26,803,334,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of Public
Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund,
$13,635,136,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $28,096,708,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Reserve
on active duty under sections 10211, 10302, and 3038 of title
10, United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in connection
with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training, or
while performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $4,289,407,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy Reserve
on active duty under section 10211 of title 10, United States
Code, or while serving on active duty under section 12301(d) of
title 10, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States
Code, or while undergoing reserve training, or while performing
drills or equivalent duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,935,544,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine Corps
Reserve on active duty under section 10211 of title 10, United
States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training, or
while performing drills or equivalent duty, and for members of
the Marine Corps platoon leaders class, and expenses authorized
by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$644,722,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038 of
title 10, United States Code, or while serving on active duty
under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $1,712,705,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army National
Guard while on duty under section 10211, 10302, or 12402 of
title 10 or section 708 of title 32, United States Code, or
while serving on duty under section 12301(d) of title 10 or
section 502(f) of title 32, United States Code, in connection
with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $7,585,645,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air National
Guard on duty under section 10211, 10305, or 12402 of title 10
or section 708 of title 32, United States Code, or while
serving on duty under section 12301(d) of title 10 or section
502(f) of title 32, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $3,088,929,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law;
and not to exceed $12,478,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential military
purposes, $31,072,902,000.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $14,804,000 can be used
for emergencies and extraordinary expenses, to be expended on
the approval or authority of the Secretary of the Navy, and
payments may be made on his certificate of necessity for
confidential military purposes, $38,120,821,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by
law, $5,542,937,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law; and not to exceed $7,699,000 can be used for emergencies
and extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Air Force, and payments may
be made on his certificate of necessity for confidential
military purposes, $34,985,486,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments), as
authorized by law, $30,152,008,000: Provided, That not more
than $47,026,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on his
certificate of necessity for confidential military purposes:
Provided further, That of the funds provided under this
heading, not less than $34,311,000 shall be made available for
the Procurement Technical Assistance Cooperative Agreement
Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further,
That none of the funds appropriated or otherwise made available
by this Act may be used to plan or implement the consolidation
of a budget or appropriations liaison office of the Office of
the Secretary of Defense, the office of the Secretary of a
military department, or the service headquarters of one of the
Armed Forces into a legislative affairs or legislative liaison
office: Provided further, That $8,420,000, to remain available
until expended, is available only for expenses relating to
certain classified activities, and may be transferred as
necessary by the Secretary of Defense to operation and
maintenance appropriations or research, development, test and
evaluation appropriations, to be merged with and to be
available for the same time period as the appropriations to
which transferred: Provided further, That any ceiling on the
investment item unit cost of items that may be purchased with
operation and maintenance funds shall not apply to the funds
described in the preceding proviso: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority provided elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$3,071,733,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,305,134,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $271,443,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $3,274,359,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau; supplying and equipping the Army National Guard
as authorized by law; and expenses of repair, modification,
maintenance, and issue of supplies and equipment (including
aircraft), $6,924,932,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished from
stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis
as authorized by law for Air National Guard personnel on active
Federal duty, for Air National Guard commanders while
inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau, $6,098,780,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $13,861,000, of which
not to exceed $5,000 may be used for official representation
purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $346,031,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Army, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $308,668,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Navy, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $525,453,000, to
remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such
funds are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings and
debris of the Department of the Air Force, or for similar
purposes, transfer the funds made available by this
appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period as
the appropriations to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer
authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $10,716,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of Defense, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of Defense, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $326,495,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 407, 2557, and 2561 of title 10, United States Code),
$107,662,000, to remain available until September 30, 2013.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union
and, with appropriate authorization by the Department of
Defense and Department of State, to countries outside of the
former Soviet Union, including assistance provided by contract
or by grants, for facilitating the elimination and the safe and
secure transportation and storage of nuclear, chemical and
other weapons; for establishing programs to prevent the
proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to the
training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components
and weapons technology and expertise, and for defense and
military contacts, $508,219,000, to remain available until
September 30, 2014: Provided, That of the amounts provided
under this heading, not less than $13,500,000 shall be
available only to support the dismantling and disposal of
nuclear submarines, submarine reactor components, and security
enhancements for transport and storage of nuclear warheads in
the Russian Far East and North.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce
Development Fund, $105,501,000.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $5,360,334,000, to remain
available for obligation until September 30, 2014.
Missile Procurement, Army
For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $1,461,223,000, to remain
available for obligation until September 30, 2014.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $2,070,405,000, to remain available for
obligation until September 30, 2014.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $1,884,424,000, to remain available for
obligation until September 30, 2014.
Other Procurement, Army
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; communications and electronic equipment;
other support equipment; spare parts, ordnance, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $7,924,214,000, to remain
available for obligation until September 30, 2014.
Aircraft Procurement, Navy
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway, $17,675,734,000, to remain available for
obligation until September 30, 2014.
Weapons Procurement, Navy
For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $3,224,432,000, to remain
available for obligation until September 30, 2014.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $626,848,000, to remain available for
obligation until September 30, 2014.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including armor
and armament thereof, plant equipment, appliances, and machine
tools and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway; procurement of critical, long lead time components and
designs for vessels to be constructed or converted in the
future; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title, as follows:
Carrier Replacement Program (AP), $554,798,000;
Virginia Class Submarine, $3,221,314,000;
Virginia Class Submarine (AP), $1,461,361,000;
CVN Refuelings (AP), $529,652,000;
DDG-1000 Program, $453,727,000;
DDG-51 Destroyer, $1,980,709,000;
DDG-51 Destroyer (AP), $100,723,000;
Littoral Combat Ship, $1,755,093,000;
LPD-17, $1,837,444,000;
LHA-Replacement, $1,999,191,000;
Joint High Speed Vessel, $372,332,000;
Oceanographic Ships, $89,000,000;
Moored Training Ship, $131,200,000;
LCAC Service Life Extension Program, $84,076,000;
Service Craft, $3,863,000; and
For outfitting, post delivery, conversions, and
first destination transportation, $270,639,000.
Completion of Prior Year Shipbuilding Programs,
$73,992,000.
In all: $14,919,114,000, to remain available for obligation
until September 30, 2016: Provided, That additional
obligations may be incurred after September 30, 2016, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage of ship
construction: Provided further, That none of the funds
provided under this heading for the construction or conversion
of any naval vessel to be constructed in shipyards in the
United States shall be expended in foreign facilities for the
construction of major components of such vessel: Provided
further, That none of the funds provided under this heading
shall be used for the construction of any naval vessel in
foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only; expansion of public and
private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement
and installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $6,013,385,000, to remain
available for obligation until September 30, 2014.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture,
and modification of missiles, armament, military equipment,
spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title, $1,422,570,000, to remain available
for obligation until September 30, 2014.
Aircraft Procurement, Air Force
(including transfer of funds)
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized ground
handling equipment, and training devices, spare parts, and
accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes including
rents and transportation of things, $12,950,000,000, to remain
available for obligation until September 30, 2014: Provided,
That of the amount made available under this heading,
$63,500,000 made available for C-130J aircraft shall be
transferred to the Department of Homeland Security, Coast
Guard, ``Acquisition, Construction, and Improvements'':
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Missile Procurement, Air Force
For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment, including
spare parts and accessories therefor, ground handling
equipment, and training devices; expansion of public and
private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition
of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents
and transportation of things, $6,080,877,000, to remain
available for obligation until September 30, 2014.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $499,185,000, to remain available for
obligation until September 30, 2014.
Other Procurement, Air Force
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement
only; lease of passenger motor vehicles; and expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon, prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway,
$17,403,564,000, to remain available for obligation until
September 30, 2014.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary for
procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection of
structures, and acquisition of land for the foregoing purposes,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $4,893,428,000, to remain available for obligation
until September 30, 2014.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),
$169,964,000, to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $8,745,492,000, to remain available for
obligation until September 30, 2013.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $17,753,940,000, to remain available for
obligation until September 30, 2013: Provided, That funds
appropriated in this paragraph which are available for the V-22
may be used to meet unique operational requirements of the
Special Operations Forces: Provided further, That funds
appropriated in this paragraph shall be available for the Cobra
Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $26,535,996,000, to remain available for
obligation until September 30, 2013.
Research, Development, Test and Evaluation, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary for
basic and applied scientific research, development, test and
evaluation; advanced research projects as may be designated and
determined by the Secretary of Defense, pursuant to law;
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $19,193,955,000, to remain available for
obligation until September 30, 2013: Provided, That of the
funds made available in this paragraph, $200,000,000 for the
Defense Rapid Innovation Program shall only be available for
expenses, not otherwise provided for, to include program
management and oversight, to conduct research, development,
test and evaluation to include proof of concept demonstration;
engineering, testing, and validation; and transition to full-
scale production: Provided further, That the Secretary of
Defense may transfer funds provided herein for the Defense
Rapid Innovation Program to appropriations for research,
development, test and evaluation to accomplish the purpose
provided herein: Provided further, That this transfer
authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That
the Secretary of Defense shall, not fewer than 30 days prior to
making transfers from this appropriation, notify the
congressional defense committees in writing of the details of
any such transfer.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and evaluation;
and administrative expenses in connection therewith,
$191,292,000, to remain available for obligation until
September 30, 2013.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,575,010,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve
Fleet, as established by section 11 of the Merchant Ship Sales
Act of 1946 (50 U.S.C. App. 1744), and for the necessary
expenses to maintain and preserve a U.S.-flag merchant fleet to
serve the national security needs of the United States,
$1,100,519,000, to remain available until expended: Provided,
That none of the funds provided in this paragraph shall be used
to award a new contract that provides for the acquisition of
any of the following major components unless such components
are manufactured in the United States: auxiliary equipment,
including pumps, for all shipboard services; propulsion system
components (engines, reduction gears, and propellers);
shipboard cranes; and spreaders for shipboard cranes: Provided
further, That the exercise of an option in a contract awarded
through the obligation of previously appropriated funds shall
not be considered to be the award of a new contract: Provided
further, That the Secretary of the military department
responsible for such procurement may waive the restrictions in
the first proviso on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as authorized
by law, $32,482,059,000; of which $30,582,235,000 shall be for
operation and maintenance, of which not to exceed 1 percent
shall remain available until September 30, 2013, and of which
up to $16,512,141,000 may be available for contracts entered
into under the TRICARE program; of which $632,518,000, to
remain available for obligation until September 30, 2014, shall
be for procurement; and of which $1,267,306,000, to remain
available for obligation until September 30, 2013, shall be for
research, development, test and evaluation: Provided, That,
notwithstanding any other provision of law, of the amount made
available under this heading for research, development, test
and evaluation, not less than $8,000,000 shall be available for
HIV prevention educational activities undertaken in connection
with United States military training, exercises, and
humanitarian assistance activities conducted primarily in
African nations.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical weapon
stockpile, $1,554,422,000, of which $1,147,691,000 shall be for
operation and maintenance, of which no less than $71,211,000,
shall be for the Chemical Stockpile Emergency Preparedness
Program, consisting of $19,211,000 for activities on military
installations and $52,000,000, to remain available until
September 30, 2013, to assist State and local governments and
$406,731,000, to remain available until September 30, 2013,
shall be for research, development, test and evaluation, of
which $401,768,000 shall only be for the Assembled Chemical
Weapons Alternatives (ACWA) program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations available
to the Department of Defense for military personnel of the
reserve components serving under the provisions of title 10 and
title 32, United States Code; for operation and maintenance;
for procurement; and for research, development, test and
evaluation, $1,209,620,000: Provided, That the funds
appropriated under this heading shall be available for
obligation for the same time period and for the same purpose as
the appropriation to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority contained elsewhere in this Act: Provided
further, That $23,000,000 may not be obligated or expended
until the Secretary of Defense submits an implementation plan
for the expansion of prescription drug testing to the
congressional defense committees.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, as amended, $346,919,000, of which $341,419,000
shall be for operation and maintenance, of which not to exceed
$700,000 is available for emergencies and extraordinary
expenses to be expended on the approval or authority of the
Inspector General, and payments may be made on the Inspector
General's certificate of necessity for confidential military
purposes; of which $1,000,000, to remain available until
September 30, 2014, shall be for procurement; and of which
$4,500,000, to remain available until September 30, 2013, shall
be for research, development, testing, and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central Intelligence
Agency Retirement and Disability System, $513,700,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account, $547,891,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense funded
by this Act shall not be at a rate in excess of the percentage
increase authorized by law for civilian employees of the
Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by the
appropriate host nation to its own employees, whichever is
higher: Provided further, That this section shall not apply to
Department of Defense foreign service national employees
serving at United States diplomatic missions whose pay is set
by the Department of State under the Foreign Service Act of
1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department
of Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to
obligations for support of active duty training of reserve
components or summer camp training of the Reserve Officers'
Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he may,
with the approval of the Office of Management and Budget,
transfer not to exceed $3,750,000,000 of working capital funds
of the Department of Defense or funds made available in this
Act to the Department of Defense for military functions (except
military construction) between such appropriations or funds or
any subdivision thereof, to be merged with and to be available
for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided, That
such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where
the item for which funds are requested has been denied by the
Congress: Provided further, That the Secretary of Defense
shall notify the Congress promptly of all transfers made
pursuant to this authority or any other authority in this Act:
Provided further, That no part of the funds in this Act shall
be available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for higher
priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where
the item for which reprogramming is requested has been denied
by the Congress: Provided further, That a request for multiple
reprogrammings of funds using authority provided in this
section shall be made prior to June 30, 2012: Provided
further, That transfers among military personnel appropriations
shall not be taken into account for purposes of the limitation
on the amount of funds that may be transferred under this
section.
Sec. 8006. (a) With regard to the list of specific
programs, projects, and activities (and the dollar amounts and
adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled ``Explanation of Project Level Adjustments'' in the
explanatory statement regarding this Act, the obligation and
expenditure of amounts appropriated or otherwise made available
in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are
hereby required by law to be carried out in the manner provided
by such tables to the same extent as if the tables were
included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 shall apply when transfers of the
amounts described in subsection (a) occur between appropriation
accounts.
Sec. 8007. (a) Not later than 60 days after enactment of
this Act, the Department of Defense shall submit a report to
the congressional defense committees to establish the baseline
for application of reprogramming and transfer authorities for
fiscal year 2012: Provided, That the report shall include--
(1) a table for each appropriation with a separate
column to display the President's budget request,
adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal
year enacted level;
(2) a delineation in the table for each
appropriation both by budget activity and program,
project, and activity as detailed in the Budget
Appendix; and
(3) an identification of items of special
congressional interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for reprogramming
or transfer until the report identified in subsection (a) is
submitted to the congressional defense committees, unless the
Secretary of Defense certifies in writing to the congressional
defense committees that such reprogramming or transfer is
necessary as an emergency requirement.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances
in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United States
Code, may be maintained in only such amounts as are necessary
at any time for cash disbursements to be made from such funds:
Provided, That transfers may be made between such funds:
Provided further, That transfers may be made between working
capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by
the Secretary of Defense, with the approval of the Office of
Management and Budget, except that such transfers may not be
made unless the Secretary of Defense has notified the Congress
of the proposed transfer. Except in amounts equal to the
amounts appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to
procure or increase the value of war reserve material
inventory, unless the Secretary of Defense has notified the
Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used
to initiate a special access program without prior notification
30 calendar days in advance to the congressional defense
committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000 in
any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the congressional
defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part
of any appropriation contained in this Act shall be available
to initiate a multiyear contract for which the economic order
quantity advance procurement is not funded at least to the
limits of the Government's liability: Provided further, That
no part of any appropriation contained in this Act shall be
available to initiate multiyear procurement contracts for any
systems or component thereof if the value of the multiyear
contract would exceed $500,000,000 unless specifically provided
in this Act: Provided further, That no multiyear procurement
contract can be terminated without 10-day prior notification to
the congressional defense committees: Provided further, That
the execution of multiyear authority shall require the use of a
present value analysis to determine lowest cost compared to an
annual procurement: Provided further, That none of the funds
provided in this Act may be used for a multiyear contract
executed after the date of the enactment of this Act unless in
the case of any such contract--
(1) the Secretary of Defense has submitted to
Congress a budget request for full funding of units to
be procured through the contract and, in the case of a
contract for procurement of aircraft, that includes,
for any aircraft unit to be procured through the
contract for which procurement funds are requested in
that budget request for production beyond advance
procurement activities in the fiscal year covered by
the budget, full funding of procurement of such unit in
that fiscal year;
(2) cancellation provisions in the contract do not
include consideration of recurring manufacturing costs
of the contractor associated with the production of
unfunded units to be delivered under the contract;
(3) the contract provides that payments to the
contractor under the contract shall not be made in
advance of incurred costs on funded units; and
(4) the contract does not provide for a price
adjustment based on a failure to award a follow-on
contract.
Funds appropriated in title III of this Act may be used
for a multiyear procurement contract as follows:
UH-60M/HH-60M and MH-60R/MH-60S Helicopter Airframes; and
MH-60R/S Mission Avionics and Common Cockpits.
Sec. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United States
Code, for humanitarian and civic assistance costs under chapter
20 of title 10, United States Code. Such funds may also be
obligated for humanitarian and civic assistance costs
incidental to authorized operations and pursuant to authority
granted in section 401 of chapter 20 of title 10, United States
Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That
funds available for operation and maintenance shall be
available for providing humanitarian and similar assistance by
using Civic Action Teams in the Trust Territories of the
Pacific Islands and freely associated states of Micronesia,
pursuant to the Compact of Free Association as authorized by
Public Law 99-239: Provided further, That upon a determination
by the Secretary of the Army that such action is beneficial for
graduate medical education programs conducted at Army medical
facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities
and transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2012, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day of
such fiscal year.
(b) The fiscal year 2013 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2013 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2013.
(c) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8013. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before the Congress.
Sec. 8014. None of the funds appropriated by this Act
shall be available for the basic pay and allowances of any
member of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward completion
of a service commitment: Provided, That this section shall not
apply to those members who have reenlisted with this option
prior to October 1, 1987: Provided further, That this section
applies only to active components of the Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege Program
developmental assistance agreement pursuant to section 831 of
the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 10 U.S.C. 2302 note), as amended, under
the authority of this provision or any other transfer authority
contained in this Act.
Sec. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the anchor
and mooring chain are manufactured in the United States from
components which are substantially manufactured in the United
States: Provided, That for the purpose of this section, the
term ``manufactured'' shall include cutting, heat treating,
quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That for
the purpose of this section substantially all of the components
of anchor and mooring chain shall be considered to be produced
or manufactured in the United States if the aggregate cost of
the components produced or manufactured in the United States
exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That
when adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis, the
Secretary of the service responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations that such an
acquisition must be made in order to acquire capability for
national security purposes.
Sec. 8017. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that are
not otherwise prohibited from commercial sale under Federal
law, unless the small arms ammunition or ammunition components
are certified by the Secretary of the Army or designee as
unserviceable or unsafe for further use.
Sec. 8018. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization, unit,
activity or function of the Department of Defense into or
within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8019. In addition to the funds provided elsewhere in
this Act, $15,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing Act
of 1974 (25 U.S.C. 1544): Provided, That a prime contractor or
a subcontractor at any tier that makes a subcontract award to
any subcontractor or supplier as defined in section 1544 of
title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed
additional compensation under section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves
the expenditure of funds appropriated by an Act making
Appropriations for the Department of Defense with respect to
any fiscal year: Provided further, That notwithstanding
section 1906 of title 41, United States Code, this section
shall be applicable to any Department of Defense acquisition of
supplies or services, including any contract and any
subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any
subcontractor or supplier defined in section 1544 of title 25,
United States Code, or a small business owned and controlled by
an individual or individuals defined under section 4221(9) of
title 25, United States Code.
Sec. 8020. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8021. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of
title 10, United States Code, in anticipation of receipt of
contributions, only from the Government of Kuwait, under that
section: Provided, That upon receipt, such contributions from
the Government of Kuwait shall be credited to the
appropriations or fund which incurred such obligations.
Sec. 8022. (a) Of the funds made available in this Act, not
less than $37,745,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $27,838,000 shall be available from ``Operation
and Maintenance, Air Force'' to support Civil Air
Patrol Corporation operation and maintenance,
readiness, counterdrug activities, and drug demand
reduction activities involving youth programs;
(2) $8,990,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $917,000 shall be available from ``Other
Procurement, Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and local
government agencies.
Sec. 8023. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or as
a nonprofit membership corporation consisting of a consortium
of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection shall
be allowed travel expenses and per diem as authorized under the
Federal Joint Travel Regulations, when engaged in the
performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during fiscal
year 2012 may be used by a defense FFRDC, through a fee or
other payment mechanism, for construction of new buildings, for
payment of cost sharing for projects funded by Government
grants, for absorption of contract overruns, or for certain
charitable contributions, not to include employee participation
in community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2012, not
more than 5,750 staff years of technical effort (staff years)
may be funded for defense FFRDCs: Provided, That of the
specific amount referred to previously in this subsection, not
more than 1,125 staff years may be funded for the defense
studies and analysis FFRDCs: Provided further, That this
subsection shall not apply to staff years funded in the
National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2013 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC during
that fiscal year and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
reduced by $150,245,000.
Sec. 8024. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy or
armor steel plate for use in any Government-owned facility or
property under the control of the Department of Defense which
were not melted and rolled in the United States or Canada:
Provided, That these procurement restrictions shall apply to
any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel
Institute (AISI) specifications of carbon, alloy or armor steel
plate: Provided further, That the Secretary of the military
department responsible for the procurement may waive this
restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes:
Provided further, That these restrictions shall not apply to
contracts which are in being as of the date of the enactment of
this Act.
Sec. 8025. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives.
Sec. 8026. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private bids:
Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8027. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms of
the agreement by discriminating against certain types of
products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with respect
to such types of products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the Buy
American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2012. Such report shall
separately indicate the dollar value of items for which the Buy
American Act was waived pursuant to any agreement described in
subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C.
2501 et seq.), or any international agreement to which the
United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 8028. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section 2921(c)(2)
of that Act.
Sec. 8029. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the
States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington relocatable military housing
units located at Grand Forks Air Force Base, Malmstrom Air
Force Base, Mountain Home Air Force Base, Ellsworth Air Force
Base, and Minot Air Force Base that are excess to the needs of
the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within
a reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list published
by the Secretary of the Interior under section 104 of the
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-
454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8030. During the current fiscal year, appropriations
which are available to the Department of Defense for operation
and maintenance may be used to purchase items having an
investment item unit cost of not more than $250,000.
Sec. 8031. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
Working Capital Funds shall be used for the purchase of an
investment item for the purpose of acquiring a new inventory
item for sale or anticipated sale during the current fiscal
year or a subsequent fiscal year to customers of the Department
of Defense Working Capital Funds if such an item would not have
been chargeable to the Department of Defense Business
Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current
fiscal year to appropriations made to the Department of Defense
for procurement.
(b) The fiscal year 2013 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2013 Department of
Defense budget shall be prepared and submitted to the Congress
on the basis that any equipment which was classified as an end
item and funded in a procurement appropriation contained in
this Act shall be budgeted for in a proposed fiscal year 2013
procurement appropriation and not in the supply management
business area or any other area or category of the Department
of Defense Working Capital Funds.
Sec. 8032. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year, except
for funds appropriated for the Reserve for Contingencies, which
shall remain available until September 30, 2013: Provided,
That funds appropriated, transferred, or otherwise credited to
the Central Intelligence Agency Central Services Working
Capital Fund during this or any prior or subsequent fiscal year
shall remain available until expended: Provided further, That
any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development
acquisition, for agent operations, and for covert action
programs authorized by the President under section 503 of the
National Security Act of 1947, as amended, shall remain
available until September 30, 2013.
Sec. 8033. Notwithstanding any other provision of law,
funds made available in this Act for the Defense Intelligence
Agency may be used for the design, development, and deployment
of General Defense Intelligence Program intelligence
communications and intelligence information systems for the
Services, the Unified and Specified Commands, and the component
commands.
Sec. 8034. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance, Defense-
Wide'', not less than $12,000,000 shall be made available only
for the mitigation of environmental impacts, including training
and technical assistance to tribes, related administrative
support, the gathering of information, documenting of
environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of
Defense activities.
Sec. 8035. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means chapter 83 of title 41, United
States Code.
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing a
``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f of
title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the
Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality competitive, and
available in a timely fashion.
Sec. 8036. None of the funds appropriated by this Act
shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines--
(1) as a result of thorough technical evaluation,
only one source is found fully qualified to perform the
proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant
scientific or technological promise, represents the
product of original thinking, and was submitted in
confidence by one source; or
(3) the purpose of the contract is to take
advantage of unique and significant industrial
accomplishment by a specific concern, or to insure that
a new product or idea of a specific concern is given
financial support: Provided, That this limitation
shall not apply to contracts in an amount of less than
$25,000, contracts related to improvements of equipment
that is in development or production, or contracts as
to which a civilian official of the Department of
Defense, who has been confirmed by the Senate,
determines that the award of such contract is in the
interest of the national defense.
Sec. 8037. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed
Forces or civilian employee of the department who is
transferred or reassigned from a headquarters activity
if the member or employee's place of duty remains at
the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and certifies
to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver will
reduce the personnel requirements or the financial requirements
of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the
National Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of
improvised explosive devices, and, as determined by the
Secretary of the Army, other similar threats; or
(3) an Army field operating agency established to
improve the effectiveness and efficiencies of biometric
activities and to integrate common biometric
technologies throughout the Department of Defense.
Sec. 8038. The Secretary of Defense, notwithstanding any
other provision of law, acting through the Office of Economic
Adjustment of the Department of Defense, may use funds made
available in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' to make grants and supplement other
Federal funds in accordance with the guidance provided in the
explanatory statement regarding this Act.
Sec. 8039. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense civilian employees unless--
(1) the conversion is based on the result of a
public-private competition that includes a most
efficient and cost effective organization plan
developed by such activity or function;
(2) the Competitive Sourcing Official determines
that, over all performance periods stated in the
solicitation of offers for performance of the activity
or function, the cost of performance of the activity or
function by a contractor would be less costly to the
Department of Defense by an amount that equals or
exceeds the lesser of--
(A) 10 percent of the most efficient
organization's personnel-related costs for
performance of that activity or function by
Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage
for a proposal that would reduce costs for the
Department of Defense by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are
to be employed in the performance of that
activity or function under the contract; or
(B) offering to such workers an employer-
sponsored health benefits plan that requires
the employer to contribute less towards the
premium or subscription share than the amount
that is paid by the Department of Defense for
health benefits for civilian employees under
chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement, or
policy to the contrary shall have full authority to enter into
a contract for the performance of any commercial or industrial
type function of the Department of Defense that--
(A) is included on the procurement list
established pursuant to section 2 of the
Javits-Wagner-O'Day Act (section 8503 of title
41, United States Code);
(B) is planned to be converted to
performance by a qualified nonprofit agency for
the blind or by a qualified nonprofit agency
for other severely handicapped individuals in
accordance with that Act; or
(C) is planned to be converted to
performance by a qualified firm under at least
51 percent ownership by an Indian tribe, as
defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450b(e)), or a Native Hawaiian
Organization, as defined in section 8(a)(15) of
the Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts
or contracts for depot maintenance as provided in
sections 2469 and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or outsourcing
goal, target, or measurement that may be established by
statute, regulation, or policy and is deemed to be awarded
under the authority of, and in compliance with, subsection (h)
of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(rescissions)
Sec. 8040. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts:
``National Defense Sealift Fund, 2002/XXXX'',
$20,444,000;
``National Defense Sealift Fund, 2003/XXXX'',
$8,500,000;
``National Defense Sealift Fund, 2004/XXXX'',
$6,500,000;
``Aircraft Procurement, Army, 2010/2012'',
$5,100,000;
``Procurement of Weapons and Tracked Combat
Vehicles, Army, 2010/2012'', $4,353,000;
``Procurement of Ammunition, Army, 2010/2012'',
$21,674,000;
``Other Procurement, Army, 2010/2012'',
$58,647,000;
``Aircraft Procurement, Navy, 2010/2012'',
$90,000,000;
``Aircraft Procurement, Air Force, 2010/2012'',
$32,897,000;
``Missile Procurement, Air Force, 2010/2012'',
$3,889,000;
``Other Procurement, Air Force, 2010/2012'',
$12,200,000;
``Procurement, Defense-Wide, 2010/2012'', $716,000;
``Aircraft Procurement, Army, 2011/2013'',
$21,500,000;
``Missile Procurement, Army, 2011/2013'',
$99,800,000;
``Procurement of Weapons and Tracked Combat
Vehicles, Army, 2011/2013'', $18,834,000;
``Procurement of Ammunition, Army, 2011/2013'',
$15,000,000;
``Other Procurement, Army, 2011/2013'',
$438,436,000;
``Aircraft Procurement, Navy, 2011/2013'',
$78,000,000;
``Weapons Procurement, Navy, 2011/2013'',
$34,276,000;
``Procurement of Ammunition, Navy and Marine Corps,
2011/2013'', $28,262,000;
``Other Procurement, Navy, 2011/2013'',
$59,598,000;
Under the heading, ``Shipbuilding and Conversion,
Navy, 2011/2015'': Littoral Combat Ship Advance
Procurement: $110,351,000;
``Aircraft Procurement, Air Force, 2011/2013'',
$220,213,000;
``Missile Procurement, Air Force, 2011/2013'',
$193,900,000;
``Other Procurement, Air Force, 2011/2013'',
$52,868,000;
``Procurement, Defense-Wide, 2011/2013'',
$4,312,000;
``Research, Development, Test and Evaluation, Army,
2011/2012'', $356,625,000;
``Research, Development, Test and Evaluation, Navy,
2011/2012'', $65,687,000;
``Research, Development, Test and Evaluation, Air
Force, 2011/2012'', $258,094,000;
``Research, Development, Test and Evaluation,
Defense-Wide, 2011/2012'', $254,284,000;
``Defense Health Program, 2011/2012'', $257,000:
Provided, That the funds rescinded from the
National Defense Sealift accounts are those described
under the heading ``National Defense Sealift Fund'' in
Public Law 107-117, Public Law 107-248, and Public Law
108-87, or for the purposes described in section 115 of
division H of Public Law 108-199, as amended by section
1017 of division A of Public Law 109-13.
Sec. 8041. None of the funds available in this Act may be
used to reduce the authorized positions for military
technicians (dual status) of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military technicians
(dual status), unless such reductions are a direct result of a
reduction in military force structure.
Sec. 8042. None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea unless
specifically appropriated for that purpose.
Sec. 8043. Funds appropriated in this Act for operation
and maintenance of the Military Departments, Combatant Commands
and Defense Agencies shall be available for reimbursement of
pay, allowances and other expenses which would otherwise be
incurred against appropriations for the National Guard and
Reserve when members of the National Guard and Reserve provide
intelligence or counterintelligence support to Combatant
Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the
National Intelligence Program and the Military Intelligence
Program: Provided, That nothing in this section authorizes
deviation from established Reserve and National Guard personnel
and training procedures.
Sec. 8044. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 2003,
level: Provided, That the Service Surgeons General may waive
this section by certifying to the congressional defense
committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be
consistent with responsible resource stewardship and
capitation-based budgeting.
Sec. 8045. (a) None of the funds available to the
Department of Defense for any fiscal year for drug interdiction
or counter-drug activities may be transferred to any other
department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided in
an appropriations law.
Sec. 8046. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic supplies
are not available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes:
Provided further, That this restriction shall not apply to the
purchase of ``commercial items'', as defined by section 4(12)
of the Office of Federal Procurement Policy Act, except that
the restriction shall apply to ball or roller bearings
purchased as end items.
Sec. 8047. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must
be made in order to acquire capability for national security
purposes that is not available from United States
manufacturers.
Sec. 8048. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of the Department of Defense who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for in
Defense Appropriations Acts, or provisions of Acts providing
supplemental appropriations for the Department of Defense.
Sec. 8049. (a) Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for
the current fiscal year may be obligated or expended to
transfer to another nation or an international organization any
defense articles or services (other than intelligence services)
for use in the activities described in subsection (b) unless
the congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate are notified 15 days in advance
of such transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-
enforcement operation under the authority of chapter VI
or chapter VII of the United Nations Charter under the
authority of a United Nations Security Council
resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the
following:
(1) A description of the equipment, supplies, or
services to be transferred.
(2) A statement of the value of the equipment,
supplies, or services to be transferred.
(3) In the case of a proposed transfer of equipment
or supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed
Forces (including the reserve components) for
the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items
proposed to be transferred will have to be
replaced and, if so, how the President proposes
to provide funds for such replacement.
Sec. 8050. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to pay
a contractor under a contract with the Department of Defense
for costs of any amount paid by the contractor to an employee
when--
(1) such costs are for a bonus or otherwise in
excess of the normal salary paid by the contractor to
the employee; and
(2) such bonus is part of restructuring costs
associated with a business combination.
(including transfer of funds)
Sec. 8051. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of military
personnel, to be merged with, and to be available for the same
time period as the appropriations to which transferred, to be
used in support of such personnel in connection with support
and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10,
United States Code.
Sec. 8052. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for which
the period of availability for obligation has expired or which
has closed under the provisions of section 1552 of title 31,
United States Code, and which has a negative unliquidated or
unexpended balance, an obligation or an adjustment of an
obligation may be charged to any current appropriation account
for the same purpose as the expired or closed account if--
(1) the obligation would have been properly
chargeable (except as to amount) to the expired or
closed account before the end of the period of
availability or closing of that account;
(2) the obligation is not otherwise properly
chargeable to any current appropriation account of the
Department of Defense; and
(3) in the case of an expired account, the
obligation is not chargeable to a current appropriation
of the Department of Defense under the provisions of
section 1405(b)(8) of the National Defense
Authorization Act for Fiscal Year 1991, Public Law 101-
510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review
or investigation discloses that there was not in fact a
negative unliquidated or unexpended balance in the
account, any charge to a current account under the
authority of this section shall be reversed and
recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an
amount equal to 1 percent of the total appropriation
for that account.
Sec. 8053. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable basis.
The Chief of the National Guard Bureau shall establish the
amount of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under that
subsection. Such funds shall be available for such purposes
without fiscal year limitation.
Sec. 8054. Using funds made available by this Act or any
other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany: Provided, That
in the City of Kaiserslautern and at the Rhine Ordnance
Barracks area, such agreements will include the use of United
States anthracite as the base load energy for municipal
district heat to the United States Defense installations:
Provided further, That at Landstuhl Army Regional Medical
Center and Ramstein Air Base, furnished heat may be obtained
from private, regional or municipal services, if provisions are
included for the consideration of United States coal as an
energy source.
Sec. 8055. None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That this restriction does
not apply to programs funded within the National Intelligence
Program: Provided further, That the Secretary of Defense may
waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8056. None of the funds made available in this Act
may be used to approve or license the sale of the F-22A
advanced tactical fighter to any foreign government: Provided,
That the Department of Defense may conduct or participate in
studies, research, design and other activities to define and
develop a future export version of the F-22A that protects
classified and sensitive information, technologies and U.S.
warfighting capabilities.
Sec. 8057. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between the
Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or
after the date of the enactment of this Act; and
(2) options for the procurement of items that are
exercised after such date under contracts that are
entered into before such date if the option prices are
adjusted for any reason other than the application of a
waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food,
and clothing or textile materials as defined by section 11
(chapters 50-65) of the Harmonized Tariff Schedule and products
classified under headings 4010, 4202, 4203, 6401 through 6406,
6505, 7019, 7218 through 7229, 7304.41 through 7304.49,
7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and
9404.
Sec. 8058. (a) None of the funds made available by this Act
may be used to support any training program involving a unit of
the security forces or police of a foreign country if the
Secretary of Defense has received credible information from the
Department of State that the unit has committed a gross
violation of human rights, unless all necessary corrective
steps have been taken.
(b) The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to
conduct any training program referred to in subsection (a),
full consideration is given to all credible information
available to the Department of State relating to human rights
violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection (a)
if he determines that such waiver is required by extraordinary
circumstances.
(d) Not more than 15 days after the exercise of any waiver
under subsection (c), the Secretary of Defense shall submit a
report to the congressional defense committees describing the
extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign
security forces involved in the training program, and the
information relating to human rights violations that
necessitates the waiver.
Sec. 8059. None of the funds appropriated or otherwise
made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military family
housing units of the Department of Defense, including areas in
such military family housing units that may be used for the
purpose of conducting official Department of Defense business.
Sec. 8060. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or
joint capability demonstration project may only be obligated 45
days after a report, including a description of the project,
the planned acquisition and transition strategy and its
estimated annual and total cost, has been provided in writing
to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8061. The Secretary of Defense shall provide a
classified quarterly report beginning 30 days after enactment
of this Act, to the House and Senate Appropriations Committees,
Subcommittees on Defense on certain matters as directed in the
classified annex accompanying this Act.
Sec. 8062. During the current fiscal year, none of the
funds available to the Department of Defense may be used to
provide support to another department or agency of the United
States if such department or agency is more than 90 days in
arrears in making payment to the Department of Defense for
goods or services previously provided to such department or
agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized by
law to provide support to such department or agency on a
nonreimbursable basis, and is providing the requested support
pursuant to such authority: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
Sec. 8063. Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in
support of the ground-based elements of the National Ballistic
Missile Defense System.
Sec. 8064. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition held
by the Department of Defense that has a center-fire cartridge
and a United States military nomenclature designation of
``armor penetrator'', ``armor piercing (AP)'', ``armor piercing
incendiary (API)'', or ``armor-piercing incendiary tracer (API-
T)'', except to an entity performing demilitarization services
for the Department of Defense under a contract that requires
the entity to demonstrate to the satisfaction of the Department
of Defense that armor piercing projectiles are either: (1)
rendered incapable of reuse by the demilitarization process; or
(2) used to manufacture ammunition pursuant to a contract with
the Department of Defense or the manufacture of ammunition for
export pursuant to a License for Permanent Export of
Unclassified Military Articles issued by the Department of
State.
Sec. 8065. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may waive
payment of all or part of the consideration that otherwise
would be required under section 2667 of title 10, United States
Code, in the case of a lease of personal property for a period
not in excess of 1 year to any organization specified in
section 508(d) of title 32, United States Code, or any other
youth, social, or fraternal nonprofit organization as may be
approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
Sec. 8066. None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt
beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a
military installation located in the United States unless such
malt beverages and wine are procured within that State, or in
the case of the District of Columbia, within the District of
Columbia, in which the military installation is located:
Provided, That in a case in which the military installation is
located in more than one State, purchases may be made in any
State in which the installation is located: Provided further,
That such local procurement requirements for malt beverages and
wine shall apply to all alcoholic beverages only for military
installations in States which are not contiguous with another
State: Provided further, That alcoholic beverages other than
wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
(including transfer of funds)
Sec. 8067. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $124,493,000
shall remain available until expended: Provided, That
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and carry
out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the
Secretary of Defense.
Sec. 8068. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter
under subsection 101(b) of Public Law 104-208; 110 Stat. 3009-
111; 10 U.S.C. 113 note) shall continue in effect to apply to
disbursements that are made by the Department of Defense in
fiscal year 2012.
Sec. 8069. In addition to amounts provided elsewhere in
this Act, $4,000,000 is hereby appropriated to the Department
of Defense, to remain available for obligation until expended:
Provided, That notwithstanding any other provision of law, that
upon the determination of the Secretary of Defense that it
shall serve the national interest, these funds shall be
available only for a grant to the Fisher House Foundation,
Inc., only for the construction and furnishing of additional
Fisher Houses to meet the needs of military family members when
confronted with the illness or hospitalization of an eligible
military beneficiary.
Sec. 8070. (a) In General.--Subchapter I of chapter 88 of
title 10, United States Code, is amended by adding the
following new section at its end--
``Sec. 1790. MILITARY PERSONNEL CITIZENSHIP PROCESSING.
``Authorization of Payments.--Using funds provided for
operation and maintenance and notwithstanding section 2215 of
title 10, United States Code, the Secretary of Defense may
reimburse the Secretary of Homeland Security for costs
associated with the processing and adjudication by the United
States Citizenship and Immigration Services (USCIS) of
applications for naturalization described in sections 328(b)(4)
and 329(b)(4) of the Immigration and Nationality Act (8 U.S.C.
Sec. Sec. 1439(b)(4) and 1440(b)(4)). Such reimbursements
shall be deposited and remain available as provided by sections
286(m) and (n) of such Act (8 U.S.C. Sec. 1356(m)). Such
reimbursements shall be based on actual costs incurred by USCIS
for processing applications for naturalization, and shall not
exceed $7,500,000 per fiscal year.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter I of chapter 88 of title 10, United
States Code, is amended by inserting after the item relating to
section 1789 the following new item:
``1790. Military personnel citizenship processing.''.
(including transfer of funds)
Sec. 8071. Of the amounts appropriated in this Act under
the heading ``Research, Development, Test and Evaluation,
Defense-Wide'', $235,700,000 shall be for the Israeli
Cooperative Programs: Provided, That of this amount,
$110,525,000 shall be for the Short Range Ballistic Missile
Defense (SRBMD) program, including cruise missile defense
research and development under the SRBMD program, of which
$15,000,000 shall be for production activities of SRBMD
missiles in the United States and in Israel to meet Israel's
defense requirements consistent with each nation's laws,
regulations, and procedures, $66,220,000 shall be available for
an upper-tier component to the Israeli Missile Defense
Architecture, and $58,955,000 shall be for the Arrow System
Improvement Program including development of a long range,
ground and airborne, detection suite: Provided further, That
funds made available under this provision for production of
missiles and missile components may be transferred to
appropriations available for the procurement of weapons and
equipment, to be merged with and to be available for the same
time period and the same purposes as the appropriation to which
transferred: Provided further, That the transfer authority
provided under this provision is in addition to any other
transfer authority contained in this Act.
Sec. 8072. (a) None of the funds available to the
Department of Defense may be obligated to modify command and
control relationships to give Fleet Forces Command operational
and administrative control of U.S. Navy forces assigned to the
Pacific fleet.
(b) None of the funds available to the Department of
Defense may be obligated to modify command and control
relationships to give United States Transportation Command
operational and administrative control of C-130 and KC-135
forces assigned to the Pacific and European Air Force Commands.
(c) The command and control relationships in subsections
(a) and (b) which existed on March 13, 2011, shall remain in
force unless changes are specifically authorized in a
subsequent Act.
(including transfer of funds)
Sec. 8073. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'', $73,992,000
shall be available until September 30, 2012, to fund prior year
shipbuilding cost increases: Provided, That upon enactment of
this Act, the Secretary of the Navy shall transfer funds to the
following appropriations in the amounts specified: Provided
further, That the amounts transferred shall be merged with and
be available for the same purposes as the appropriations to
which transferred to:
(1) Under the heading ``Shipbuilding and
Conversion, Navy, 2005/2012'': LPD-17 Amphibious
Transport Dock Program $18,627,000;
(2) Under the heading ``Shipbuilding and
Conversion, Navy, 2006/2012'': LPD-17 Amphibious
Transport Dock Program $23,437,000; and
(3) Under the heading ``Shipbuilding and
Conversion, Navy, 2008/2012'': LPD-17 Amphibious
Transport Dock Program $31,928,000.
(including transfer of funds)
Sec. 8074. (a) Of the amounts appropriated in title IV of
this Act under the heading ``Research, Development, Test and
Evaluation, Army'', for Budget Activities 4, 5 and 7,
$50,000,000 shall be transferred to Program Element 0605601A:
Provided, That no funds may be transferred until 30 days after
the Secretary of the Army provides to the congressional defense
committees a report including the details of any such transfer:
Provided further, That the transfer authority provided under
this provision is in addition to any other transfer authority
contained in this Act.
(b) Of the amounts appropriated in title IV of this Act
under the heading ``Research, Development, Test and Evaluation,
Air Force'', for Budget Activities 4, 5 and 7, $34,000,000
shall be transferred to Program Element 0605807F: Provided,
That no funds may be transferred until 30 days after the
Secretary of the Air Force provides to the congressional
defense committees a report including the details of any such
transfer: Provided further, That the transfer authority
provided under this provision is in addition to any other
transfer authority contained in this Act.
Sec. 8075. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2012 until the enactment of the Intelligence Authorization
Act for Fiscal Year 2012.
Sec. 8076. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming
of funds that creates or initiates a new program, project, or
activity unless such program, project, or activity must be
undertaken immediately in the interest of national security and
only after written prior notification to the congressional
defense committees.
Sec. 8077. The budget of the President for fiscal year
2013 submitted to the Congress pursuant to section 1105 of
title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed
Forces' participation in contingency operations for the
Military Personnel accounts, the Operation and Maintenance
accounts, and the Procurement accounts: Provided, That these
documents shall include a description of the funding requested
for each contingency operation, for each military service, to
include all Active and Reserve components, and for each
appropriations account: Provided further, That these documents
shall include estimated costs for each element of expense or
object class, a reconciliation of increases and decreases for
each contingency operation, and programmatic data including,
but not limited to, troop strength for each Active and Reserve
component, and estimates of the major weapons systems deployed
in support of each contingency: Provided further, That these
documents shall include budget exhibits OP-5 and OP-32 (as
defined in the Department of Defense Financial Management
Regulation) for all contingency operations for the budget year
and the two preceding fiscal years.
Sec. 8078. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.
(including transfer of funds)
Sec. 8079. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $44,000,000 is
hereby appropriated to the Department of Defense: Provided,
That upon the determination of the Secretary of Defense that it
shall serve the national interest, he shall make grants in the
amounts specified as follows: $20,000,000 to the United Service
Organizations and $24,000,000 to the Red Cross.
Sec. 8080. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squadron of
the Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in this
Act: Provided, That the Air Force shall allow the 53rd Weather
Reconnaissance Squadron to perform other missions in support of
national defense requirements during the non-hurricane season.
Sec. 8081. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign intelligence
activities: Provided, That information pertaining to United
States persons shall only be handled in accordance with
protections provided in the Fourth Amendment of the United
States Constitution as implemented through Executive Order No.
12333.
Sec. 8082. (a) At the time members of reserve components of
the Armed Forces are called or ordered to active duty under
section 12302(a) of title 10, United States Code, each member
shall be notified in writing of the expected period during
which the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines
that it is necessary to do so to respond to a national security
emergency or to meet dire operational requirements of the Armed
Forces.
(including transfer of funds)
Sec. 8083. The Secretary of Defense may transfer funds
from any available Department of the Navy appropriation to any
available Navy ship construction appropriation for the purpose
of liquidating necessary changes resulting from inflation,
market fluctuations, or rate adjustments for any ship
construction program appropriated in law: Provided, That the
Secretary may transfer not to exceed $100,000,000 under the
authority provided by this section: Provided further, That the
Secretary may not transfer any funds until 30 days after the
proposed transfer has been reported to the Committees on
Appropriations of the House of Representatives and the Senate,
unless a response from the Committees is received sooner:
Provided further, That any funds transferred pursuant to this
section shall retain the same period of availability as when
originally appropriated: Provided further, That the transfer
authority provided by this section is in addition to any other
transfer authority contained elsewhere in this Act.
Sec. 8084. For purposes of section 7108 of title 41,
United States Code, any subdivision of appropriations made
under the heading ``Shipbuilding and Conversion, Navy'' that is
not closed at the time reimbursement is made shall be available
to reimburse the Judgment Fund and shall be considered for the
same purposes as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
Sec. 8085. (a) None of the funds appropriated by this Act
may be used to transfer research and development, acquisition,
or other program authority relating to current tactical
unmanned aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and
operational control of the MQ-1C Sky Warrior Unmanned Aerial
Vehicle (UAV) in order to support the Secretary of Defense in
matters relating to the employment of unmanned aerial vehicles.
Sec. 8086. Up to $15,000,000 of the funds appropriated
under the heading ``Operation and Maintenance, Navy'' may be
made available for the Asia Pacific Regional Initiative Program
for the purpose of enabling the Pacific Command to execute
Theater Security Cooperation activities such as humanitarian
assistance, and payment of incremental and personnel costs of
training and exercising with foreign security forces:
Provided, That funds made available for this purpose may be
used, notwithstanding any other funding authorities for
humanitarian assistance, security assistance or combined
exercise expenses: Provided further, That funds may not be
obligated to provide assistance to any foreign country that is
otherwise prohibited from receiving such type of assistance
under any other provision of law.
Sec. 8087. None of the funds appropriated by this Act for
programs of the Office of the Director of National Intelligence
shall remain available for obligation beyond the current fiscal
year, except for funds appropriated for research and
technology, which shall remain available until September 30,
2013.
Sec. 8088. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
(INCLUDING TRANSFER OF FUNDS)
Sec. 8089. During the current fiscal year, not to exceed
$200,000,000 from funds available under ``Operation and
Maintenance, Defense-Wide'' may be transferred to the
Department of State ``Global Security Contingency Fund'':
Provided, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That the Secretary of Defense
shall, not fewer than 30 days prior to making transfers to the
Department of State ``Global Security Contingency Fund'',
notify the congressional defense committees in writing with the
source of funds and a detailed justification, execution plan,
and timeline for each proposed project.
Sec. 8090. The Director of National Intelligence shall
include the budget exhibits identified in paragraphs (1) and
(2) as described in the Department of Defense Financial
Management Regulation with the congressional budget
justification books:
(1) For procurement programs requesting more than
$10,000,000 in any fiscal year, the P-1, Procurement
Program; P-5, Cost Analysis; P-5a, Procurement History
and Planning; P-21, Production Schedule; and P-40,
Budget Item Justification.
(2) For research, development, test and evaluation
projects requesting more than $5,000,000 in any fiscal
year, the R-1, Research, Development, Test and
Evaluation Program; R-2, Research, Development, Test
and Evaluation Budget Item Justification; R-3,
Research, Development, Test and Evaluation Project Cost
Analysis; and R-4, Research, Development, Test and
Evaluation Program Schedule Profile.
Sec. 8091. The amounts appropriated in title II of this
Act are hereby reduced by $515,000,000 to reflect excess cash
balances in Department of Defense Working Capital Funds, as
follows: From ``Operation and Maintenance, Army'',
$515,000,000.
Sec. 8092. (a) Not later than 60 days after enactment of
this Act, the Office of the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2012:
Provided, That the report shall include--
(1) a table for each appropriation with a separate
column to display the President's budget request,
adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal
year enacted level;
(2) a delineation in the table for each
appropriation by Expenditure Center and project; and
(3) an identification of items of special
congressional interest.
(b) None of the funds provided for the National
Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional intelligence
committees, unless the Director of National Intelligence
certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as
an emergency requirement.
Sec. 8093. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C. 403-
1(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding
of $10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations,
unless the congressional intelligence committees are notified
30 days in advance of such reprogramming of funds; this
notification period may be reduced for urgent national security
requirements.
(b) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C. 403-
1(d)) that results in a cumulative increase or decrease of the
levels specified in the classified annex unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification
period may be reduced for urgent national security
requirements.
Sec. 8094. The Director of National Intelligence shall
submit to Congress each year, at or about the time that the
President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-years
intelligence program (including associated annexes) reflecting
the estimated expenditures and proposed appropriations included
in that budget. Any such future-years intelligence program
shall cover the fiscal year with respect to which the budget is
submitted and at least the four succeeding fiscal years.
Sec. 8095. For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
Sec. 8096. The Department of Defense shall continue to
report incremental contingency operations costs for Operation
New Dawn and Operation Enduring Freedom on a monthly basis in
the Cost of War Execution Report as prescribed in the
Department of Defense Financial Management Regulation
Department of Defense Instruction 7000.14, Volume 12, Chapter
23 ``Contingency Operations'', Annex 1, dated September 2005.
(including transfer of funds)
Sec. 8097. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of
this Act for ``Operation and Maintenance, Army'', ``Operation
and Maintenance, Navy'', and ``Operation and Maintenance, Air
Force'' may be transferred by the military department concerned
to its central fund established for Fisher Houses and Suites
pursuant to section 2493(d) of title 10, United States Code.
(including transfer of funds)
Sec. 8098. Of the funds appropriated in the Intelligence
Community Management Account for the Program Manager for the
Information Sharing Environment, $20,000,000 is available for
transfer by the Director of National Intelligence to other
departments and agencies for purposes of Government-wide
information sharing activities: Provided, That funds
transferred under this provision are to be merged with and
available for the same purposes and time period as the
appropriation to which transferred: Provided further, That the
Office of Management and Budget must approve any transfers made
under this provision.
Sec. 8099. Funds appropriated by this Act for operation
and maintenance may be available for the purpose of making
remittances to the Defense Acquisition Workforce Development
Fund in accordance with the requirements of section 1705 of
title 10, United States Code.
Sec. 8100. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less than
45 days.
Sec. 8101. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the
contractor agrees not to--
(1) enter into any agreement with any of its
employees or independent contractors that requires, as
a condition of employment, that the employee or
independent contractor agree to resolve through
arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising
out of sexual assault or harassment, including assault
and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring,
supervision, or retention; or
(2) take any action to enforce any provision of an
existing agreement with an employee or independent
contractor that mandates that the employee or
independent contractor resolve through arbitration any
claim under title VII of the Civil Rights Act of 1964
or any tort related to or arising out of sexual assault
or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or
retention.
(b) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract
unless the contractor certifies that it requires each covered
subcontractor to agree not to enter into, and not to take any
action to enforce any provision of, any agreement as described
in paragraphs (1) and (2) of subsection (a), with respect to
any employee or independent contractor performing work related
to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract
in excess of $1,000,000 on a contract subject to subsection
(a).
(c) The prohibitions in this section do not apply with
respect to a contractor's or subcontractor's agreements with
employees or independent contractors that may not be enforced
in a court of the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or
subcontractor for the purposes of a particular contract or
subcontract if the Secretary or the Deputy Secretary personally
determines that the waiver is necessary to avoid harm to
national security interests of the United States, and that the
term of the contract or subcontract is not longer than
necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the
contract or subcontract term selected, and shall state any
alternatives considered in lieu of a waiver and the reasons
each such alternative would not avoid harm to national security
interests of the United States. The Secretary of Defense shall
transmit to Congress, and simultaneously make public, any
determination under this subsection not less than 15 business
days before the contract or subcontract addressed in the
determination may be awarded.
Sec. 8102. (a)(1) No National Intelligence Program funds
appropriated in this Act may be used for a mission critical or
mission essential business management information technology
system that is not registered with the Director of National
Intelligence. A system shall be considered to be registered
with that officer upon the furnishing notice of the system,
together with such information concerning the system as the
Director of the Business Transformation Office may prescribe.
(2) During the fiscal year 2012 no funds may be obligated
or expended for a financial management automated information
system, a mixed information system supporting financial and
non-financial systems, or a business system improvement of more
than $3,000,000, within the Intelligence Community without the
approval of the Business Transformation Investment Review
Board.
(b) This section shall not apply to any programmatic or
analytic systems or programmatic or analytic system
improvements.
Sec. 8103. None of the funds made available under this Act
may be distributed to the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries.
(including transfer of funds)
Sec. 8104. From within the funds appropriated for
operation and maintenance for the Defense Health Program in
this Act, up to $135,631,000, shall be available for transfer
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund in accordance with
the provisions of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain
James A. Lovell Federal Health Care Center, consisting of the
North Chicago Veterans Affairs Medical Center, the Navy
Ambulatory Care Center, and supporting facilities designated as
a combined Federal medical facility as described by section 706
of Public Law 110-417: Provided further, That additional funds
may be transferred from funds appropriated for operation and
maintenance for the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund upon written notification by the
Secretary of Defense to the Committees on Appropriations of the
House of Representatives and the Senate.
Sec. 8105. Section 310(b) of the Supplemental
Appropriations Act, 2009 (Public Law 111-32; 124 Stat. 1871),
as amended by Public Law 112-10, is amended by striking ``2
years'' both places it appears and inserting ``3 years''.
Sec. 8106. The Office of the Director of National
Intelligence shall not employ more Senior Executive employees
than are specified in the classified annex: Provided, That not
later than 90 days after the enactment of this Act, the
Director of National Intelligence shall submit to the
congressional intelligence committees the Office of the
Director of National Intelligence strategic human capital plan
and the Office of Director of National Intelligence current and
future grade structure, to include General Schedule 15
positions.
Sec. 8107. None of the funds appropriated or otherwise
made available by this Act may be obligated or expended to pay
a retired general or flag officer to serve as a senior mentor
advising the Department of Defense unless such retired officer
files a Standard Form 278 (or successor form concerning public
financial disclosure under part 2634 of title 5, Code of
Federal Regulations) to the Office of Government Ethics.
Sec. 8108. Appropriations available to the Department of
Defense may be used for the purchase of heavy and light armored
vehicles for the physical security of personnel or for force
protection purposes up to a limit of $250,000 per vehicle,
notwithstanding price or other limitations applicable to the
purchase of passenger carrying vehicles.
Sec. 8109. The Inspector General of the Department of
Defense shall conduct a review of Anti-deficiency Act
violations and their causes in the Department of Defense
Military Personnel accounts. Based on the findings of the
review, the Inspector General shall submit to the congressional
defense committees a report containing the results of the
review and recommendations for corrective actions to be
implemented.
Sec. 8110. Of the amounts appropriated for ``Operation and
Maintenance, Defense-Wide'', $33,000,000 shall be available to
the Secretary of Defense, notwithstanding any other provision
of law, acting through the Office of Economic Adjustment of the
Department of Defense, to make grants, conclude cooperative
agreements, and supplement other Federal funds, to remain
available until expended, to assist the civilian population of
Guam in response to the military buildup of Guam, to include
addressing the need for vehicles and supplies for civilian
student transportation, preservation and repository of
artifacts unearthed during military construction, and
construction of a mental health and substance abuse facility:
Provided, That the Secretary of Defense shall, not fewer than
15 days prior to obligating funds for this purpose, notify the
congressional defense committees in writing of the details of
any such obligation.
Sec. 8111. None of the funds made available by this Act
may be used by the Secretary of Defense to take beneficial
occupancy of more than 2,000 parking spaces (other than
handicap-reserved spaces) to be provided by the BRAC 133
project: Provided, That this limitation may be waived in part
if: (1) the Secretary of Defense certifies to Congress that
levels of service at existing intersections in the vicinity of
the project have not experienced failing levels of service as
defined by the Transportation Research Board Highway Capacity
Manual over a consecutive 90-day period; (2) the Department of
Defense and the Virginia Department of Transportation agree on
the number of additional parking spaces that may be made
available to employees of the facility subject to continued 90-
day traffic monitoring; and (3) the Secretary of Defense
notifies the congressional defense committees in writing at
least 14 days prior to exercising this waiver of the number of
additional parking spaces to be made available: Provided
further, That the Secretary of Defense shall implement the
Department of Defense Inspector General recommendations
outlined in report number DODIG-2012-024, and certify to
Congress not later than 180 days after enactment of this Act
that the recommendations have been implemented.
Sec. 8112. (a) None of the funds provided in this title for
Operation and Maintenance may be available for obligation or
expenditure to relocate Air Force program offices, or
acquisition management functions of major weapons systems, to a
central location, or to any location other than the Air Force
Material Command site where they are currently located until 30
days after the Secretary of the Air Force submits the initial
report under subsection (b).
(b) The Secretary of the Air Force shall submit to the
congressional defense committees a report which includes the
following: a listing of all Air Force Material Command
functions to be transferred and an identification of the
locations where these functions will be transferred from and
to; a listing of all Air Force Material Command personnel
positions to be transferred and an identification of the
locations these positions will be transferred from and to; and
the cost benefit analysis and the life-cycle cost analysis
underpinning the Secretary of the Air Force's decision to
relocate Air Force Material Command functions and personnel.
Sec. 8113. Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall resume
quarterly reporting of the numbers of civilian personnel end
strength by appropriation account for each and every
appropriation account used to finance Federal civilian
personnel salaries to the congressional defense committees
within 15 days after the end of each fiscal quarter.
Sec. 8114. In addition to amounts provided elsewhere in
this Act, $10,000,000 is hereby appropriated, for an additional
amount for ``Research, Development, Test and Evaluation,
Army'', to remain available until September 30, 2013. Such
funds may be available for the Secretary of the Army to conduct
research on alternative energy resources for deployed forces.
Sec. 8115. The Secretary of Defense shall study and report
to the Congressional Defense Committees the feasibility of
using commercially available telecommunications expense
management solutions across the Department of Defense by March
1, 2012.
Sec. 8116. None of the funds appropriated in this or any
other Act may be used to plan, prepare for, or otherwise take
any action to undertake or implement the separation of the
National Intelligence Program budget from the Department of
Defense budget.
(including transfer of funds)
Sec. 8117. Upon a determination by the Director of
National Intelligence that such action is necessary and in the
national interest, the Director may, with the approval of the
Office of Management and Budget, transfer not to exceed
$2,000,000,000 of the funds made available in this Act for the
National Intelligence Program: Provided, That such authority
to transfer may not be used unless for higher priority items,
based on unforeseen intelligence requirements, than those for
which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of
funds using authority provided in this section shall be made
prior to June 30, 2012.
(including transfer of funds)
Sec. 8118. In addition to amounts provided elsewhere in
this Act, there is appropriated $250,000,000, for an additional
amount for ``Operation and Maintenance, Defense-Wide'', to be
available until expended: Provided, That such funds shall only
be available to the Secretary of Defense, acting through the
Office of Economic Adjustment of the Department of Defense, or
for transfer to the Secretary of Education, notwithstanding any
other provision of law, to make grants, conclude cooperative
agreements, or supplement other Federal funds to construct,
renovate, repair, or expand elementary and secondary public
schools on military installations in order to address capacity
or facility condition deficiencies at such schools: Provided
further, That in making such funds available, the Office of
Economic Adjustment or the Secretary of Education shall give
priority consideration to those military installations with
schools having the most serious capacity or facility condition
deficiencies as determined by the Secretary of Defense.
Sec. 8119. None of the funds appropriated or otherwise
made available in this or any other Act may be used to
transfer, release, or assist in the transfer or release to or
within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of
the Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at
the United States Naval Station, Guantanamo Bay, Cuba,
by the Department of Defense.
Sec. 8120. (a)(1) Except as provided in paragraph (2) and
subsection (d), none of the funds appropriated or otherwise
made available in this or any other Act may be used to transfer
any individual detained at Guantanamo to the custody or control
of the individual's country of origin, any other foreign
country, or any other foreign entity unless the Secretary of
Defense submits to Congress the certification described in
subsection (b) not later than 30 days before the transfer of
the individual.
(2) Paragraph (1) shall not apply to any action taken by
the Secretary to transfer any individual detained at Guantanamo
to effectuate--
(A) an order affecting the disposition of the
individual that is issued by a court or competent
tribunal of the United States having lawful
jurisdiction (which the Secretary shall notify Congress
of promptly after issuance); or
(B) a pre-trial agreement entered in a military
commission case prior to the date of the enactment of
this Act.
(b) A certification described in this subsection is a
written certification made by the Secretary of Defense, with
the concurrence of the Secretary of State and in consultation
with the Director of National Intelligence, that--
(1) the government of the foreign country or the
recognized leadership of the foreign entity to which
the individual detained at Guantanamo is to be
transferred--
(A) is not a designated state sponsor of
terrorism or a designated foreign terrorist
organization;
(B) maintains control over each detention
facility in which the individual is to be
detained if the individual is to be housed in a
detention facility;
(C) is not, as of the date of the
certification, facing a threat that is likely
to substantially affect its ability to exercise
control over the individual;
(D) has taken or agreed to take effective
actions to ensure that the individual cannot
take action to threaten the United States, its
citizens, or its allies in the future;
(E) has taken or agreed to take such
actions as the Secretary of Defense determines
are necessary to ensure that the individual
cannot engage or reengage in any terrorist
activity; and
(F) has agreed to share with the United
States any information that--
(i) is related to the individual or
any associates of the individual; and
(ii) could affect the security of
the United States, its citizens, or its
allies; and
(2) includes an assessment, in classified or
unclassified form, of the capacity, willingness, and
past practices (if applicable) of the foreign country
or entity in relation to the Secretary's
certifications.
(c)(1) Except as provided in paragraph (2) and subsection
(d), none of the funds appropriated or otherwise made available
in this or any other Act may be used to transfer any individual
detained at Guantanamo to the custody or control of the
individual's country of origin, any other foreign country, or
any other foreign entity if there is a confirmed case of any
individual who was detained at United States Naval Station,
Guantanamo Bay, Cuba, at any time after September 11, 2001, who
was transferred to such foreign country or entity and
subsequently engaged in any terrorist activity.
(2) Paragraph (1) shall not apply to any action taken by
the Secretary to transfer any individual detained at Guantanamo
to effectuate--
(A) an order affecting the disposition of the
individual that is issued by a court or competent
tribunal of the United States having lawful
jurisdiction (which the Secretary shall notify Congress
of promptly after issuance); or
(B) a pre-trial agreement entered in a military
commission case prior to the date of the enactment of
this Act.
(d)(1) The Secretary of Defense may waive the applicability
to a detainee transfer of a certification requirement specified
in subparagraph (D) or (E) of subsection (b)(1) or the
prohibition in subsection (c), if the Secretary certifies the
rest of the criteria required by subsection (b) for transfers
prohibited by (c) and, with the concurrence of the Secretary of
State and in consultation with the Director of National
Intelligence, determines that--
(A) alternative actions will be taken to address
the underlying purpose of the requirement or
requirements to be waived;
(B) in the case of a waiver of subparagraph (D) or
(E) of subsection (b)(1), it is not possible to certify
that the risks addressed in the paragraph to be waived
have been completely eliminated, but the actions to be
taken under subparagraph (A) will substantially
mitigate such risks with regard to the individual to be
transferred;
(C) in the case of a waiver of subsection (c), the
Secretary has considered any confirmed case in which an
individual who was transferred to the country
subsequently engaged in terrorist activity, and the
actions to be taken under subparagraph (A) will
substantially mitigate the risk of recidivism with
regard to the individual to be transferred; and
(D) the transfer is in the national security
interests of the United States.
(2) Whenever the Secretary makes a determination under
paragraph (1), the Secretary shall submit to the appropriate
committees of Congress, not later than 30 days before the
transfer of the individual concerned, the following:
(A) A copy of the determination and the waiver
concerned.
(B) A statement of the basis for the determination,
including--
(i) an explanation why the transfer is in
the national security interests of the United
States; and
(ii) in the case of a waiver of
subparagraph (D) or (E) of subsection (b)(1),
an explanation why it is not possible to
certify that the risks addressed in the
subparagraph to be waived have been completely
eliminated.
(C) A summary of the alternative actions to be
taken to address the underlying purpose of, and to
mitigate the risks addressed in, the subparagraph or
subsection to be waived.
(D) The assessment required by subsection (b)(2).
(e) In this section:
(1) The term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the
Committee on Appropriations, and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the
Committee on Appropriations, and the Permanent
Select Committee on Intelligence of the House
of Representatives.
(2) The term ``individual detained at Guantanamo''
means any individual located at United States Naval
Station, Guantanamo Bay, Cuba, as of October 1, 2009,
who--
(A) is not a citizen of the United States
or a member of the Armed Forces of the United
States; and
(B) is--
(i) in the custody or under the
control of the Department of Defense;
or
(ii) otherwise under detention at
United States Naval Station, Guantanamo
Bay, Cuba.
(3) The term ``foreign terrorist organization''
means any organization so designated by the Secretary
of State under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
Sec. 8121. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any individual
described in subsection (c) for the purposes of detention or
imprisonment in the custody or under the effective control of
the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective
control of the Department of Defense; or
(B) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 8122. Of the funds made available to the Department
of Defense under ``Operation and Maintenance, Defense-Wide'' in
title II, $1,000,000 may be available to the Department to
competitively commission an independent assessment of the
current and prospective situation on the ground in Afghanistan
and Pakistan, including the strategic environment in and around
Afghanistan and Pakistan; the security, political, and economic
and reconstruction developments in those two countries; and
relevant policy recommendations relating thereto.
Sec. 8123. Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the
approximately $100,000,000,000 in efficiency savings identified
by the military departments in the defense budget covering
fiscal years 2012 through 2016 that are to be reinvested in the
priorities of the military departments. Such report shall
include an analysis of--
(1) each savings identified by the military
departments, including--
(A) the budget account from which such
savings will be derived;
(B) the number of military personnel and
full-time civilian employees of the Federal
Government affected by such savings;
(C) the estimated reductions in the number
and funding of contractor personnel caused by
such savings; and
(D) a specific description of activities or
services that will be affected by such savings,
including the locations of such activities or
services; and
(2) each reinvestment planned to be funded with
such savings, including--
(A) with respect to such reinvestment in
procurement and research, development, test and
evaluation accounts, the budget account to
which such savings will be reinvested,
including, by line item, the number of items to
be procured, as shown in annual P-1 and R-1
documents;
(B) with respect to such reinvestment in
military personnel and operation and
maintenance accounts, the budget account and
the subactivity (as shown in annual-1 and O-1
budget documents) to which such savings will be
reinvested;
(C) the number of military personnel and
full-time civilian employees of the Federal
Government affected by such reinvestment;
(D) the estimated number and funding of
contractor personnel affected by such
reinvestment; and
(E) a specific description of activities or
services that will be affected by such
reinvestment, including the locations of such
activities or services.
Sec. 8124. None of the funds made available by this Act
may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, any corporation that
any unpaid Federal tax liability that has been assessed, for
which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless
the agency has considered suspension or debarment of the
corporation and made a determination that this further action
is not necessary to protect the interests of the Government.
Sec. 8125. None of the funds made available by this Act
may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, any corporation that
was convicted of a felony criminal violation under any Federal
law within the preceding 24 months, where the awarding agency
is aware of the conviction, unless the agency has considered
suspension or debarment of the corporation and made a
determination that this further action is not necessary to
protect the interests of the Government.
(including transfer of funds)
Sec. 8126. There is hereby established in the Treasury of
the United States the ``Military Intelligence Program Transfer
Fund''. In addition to amounts provided elsewhere in this Act,
there is appropriated $310,758,000 for the ``Military
Intelligence Program Transfer Fund'': Provided, That of the
funds made available in this section, the Secretary of Defense
may transfer these funds only to ``Operation and Maintenance,
Defense-Wide'' or ``Research, Development, Test and Evaluation,
Defense-Wide'' and only for the purposes described in the
classified annex accompanying this Act: Provided further, That
the Secretary shall notify the congressional defense committees
in writing of the details of any such transfer not fewer than
15 days prior to making such transfers: Provided further, That
funds transferred shall be merged with and be available for the
same purposes and for the same time period as the
appropriations to which the funds are transferred: Provided
further, That this transfer authority is in addition to any
other transfer authority provided in this Act.
Sec. 8127. None of the funds made available by this Act
may be used in contravention of section 1590 or 1591 of title
18, United States Code, or in contravention of the requirements
of section 106(g) or (h) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7104(g) or (h)).
Sec. 8128. None of the funds made available by this Act
for international military education and training, foreign
military financing, excess defense articles, assistance under
section 1206 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), issuance
for direct commercial sales of military equipment, or
peacekeeping operations for the countries of Chad, Yemen,
Somalia, Sudan, Democratic Republic of the Congo, and Burma may
be used to support any military training or operations that
include child soldiers, as defined by the Child Soldiers
Prevention Act of 2008, and except if such assistance is
otherwise permitted under section 404 of the Child Soldiers
Prevention Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1).
Sec. 8129. None of the funds made available by this Act
may be used in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.).
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$7,195,335,000: Provided, That such amounts in this paragraph
are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,259,234,000: Provided, That such amounts in this paragraph
are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $714,360,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $1,492,381,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$207,162,000: Provided, That such amounts in this paragraph
are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$44,530,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine
Corps'', $25,421,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'' $26,815,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $664,579,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $9,435,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $44,794,156,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $7,674,026,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $3,935,210,000: Provided, That such amounts in
this paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $10,879,347,000: Provided, That such amounts in
this paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $9,252,211,000: Provided, That each amount in
this section is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That of the
funds provided under this heading: Not to exceed
$1,690,000,000, to remain available until September 30, 2013,
for payments to reimburse key cooperating nations for
logistical, military, and other support, including access,
provided to United States military operations in support of
Operation Enduring Freedom, Operation New Dawn, and post-
operation Iraq border security related to the activities of the
Office of Security Cooperation in Iraq, notwithstanding any
other provision of law: Provided further, That such
reimbursement payments may be made in such amounts as the
Secretary of Defense, with the concurrence of the Secretary of
State, and in consultation with the Director of the Office of
Management and Budget, may determine, in his discretion, based
on documentation determined by the Secretary of Defense to
adequately account for the support provided, and such
determination is final and conclusive upon the accounting
officers of the United States, and 15 days following
notification to the appropriate congressional committees:
Provided further, That the requirement to provide notification
shall not apply with respect to a reimbursement for access
based on an international agreement: Provided further, That
these funds may be used for the purpose of providing
specialized training and procuring supplies and specialized
equipment and providing such supplies and loaning such
equipment on a non-reimbursable basis to coalition forces
supporting United States military operations in Afghanistan,
and 15 days following notification to the appropriate
congressional committees: Provided further, That the Secretary
of Defense shall provide quarterly reports to the congressional
defense committees on the use of funds provided in this
paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $217,500,000: Provided, That such amounts in
this paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $74,148,000: Provided, That such amounts in
this paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $36,084,000: Provided, That such
amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $142,050,000: Provided, That such amounts
in this paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $377,544,000: Provided, That such
amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance,
Air National Guard'', $34,050,000: Provided, That such amounts
in this paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Afghanistan Infrastructure Fund
(including transfer of funds)
For the ``Afghanistan Infrastructure Fund'', $400,000,000,
to remain available until September 30, 2013: Provided, That
such sums shall be available for infrastructure projects in
Afghanistan, notwithstanding any other provision of law, which
shall be undertaken by the Secretary of State, unless the
Secretary of State and the Secretary of Defense jointly decide
that a specific project will be undertaken by the Department of
Defense: Provided further, That the infrastructure referred to
in the preceding proviso is in support of the counterinsurgency
strategy, requiring funding for facility and infrastructure
projects, including, but not limited to, water, power, and
transportation projects and related maintenance and sustainment
costs: Provided further, That the authority to undertake such
infrastructure projects is in addition to any other authority
to provide assistance to foreign nations: Provided further,
That any projects funded by this appropriation shall be jointly
formulated and concurred in by the Secretary of State and
Secretary of Defense: Provided further, That funds may be
transferred to the Department of State for purposes of
undertaking projects, which funds shall be considered to be
economic assistance under the Foreign Assistance Act of 1961
for purposes of making available the administrative authorities
contained in that Act: Provided further, That the transfer
authority in the preceding proviso is in addition to any other
authority available to the Department of Defense to transfer
funds: Provided further, That any unexpended funds transferred
to the Secretary of State under this authority shall be
returned to the Afghanistan Infrastructure Fund if the
Secretary of State, in coordination with the Secretary of
Defense, determines that the project cannot be implemented for
any reason, or that the project no longer supports the
counterinsurgency strategy in Afghanistan: Provided further,
That any funds returned to the Secretary of Defense under the
previous proviso shall be available for use under this
appropriation and shall be treated in the same manner as funds
not transferred to the Secretary of State: Provided further,
That contributions of funds for the purposes provided herein to
the Secretary of State in accordance with section 635(d) of the
Foreign Assistance Act from any person, foreign government, or
international organization may be credited to this Fund, to
remain available until expended, and used for such purposes:
Provided further, That the Secretary of Defense shall, not
fewer than 15 days prior to making transfers to or from, or
obligations from the Fund, notify the appropriate committees of
Congress in writing of the details of any such transfer:
Provided further, That the ``appropriate committees of
Congress'' are the Committees on Armed Services, Foreign
Relations and Appropriations of the Senate and the Committees
on Armed Services, Foreign Affairs and Appropriations of the
House of Representatives: Provided further, That such amounts
in this paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'',
$11,200,000,000, to remain available until September 30, 2013:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for the
purpose of allowing the Commander, Combined Security Transition
Command--Afghanistan, or the Secretary's designee, to provide
assistance, with the concurrence of the Secretary of State, to
the security forces of Afghanistan, including the provision of
equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and
funding: Provided further, That the authority to provide
assistance under this heading is in addition to any other
authority to provide assistance to foreign nations: Provided
further, That contributions of funds for the purposes provided
herein from any person, foreign government, or international
organization may be credited to this Fund and used for such
purposes: Provided further, That the Secretary of Defense
shall notify the congressional defense committees in writing
upon the receipt and upon the obligation of any contribution,
delineating the sources and amounts of the funds received and
the specific use of such contributions: Provided further, That
the Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the
congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of
Defense shall notify the congressional defense committees of
any proposed new projects or transfer of funds between budget
sub-activity groups in excess of $20,000,000: Provided
further, That such amounts in this paragraph are designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $1,137,381,000, to remain available until September 30,
2014: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$126,556,000, to remain available until September 30, 2014:
Provided, That such amounts in this paragraph are designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $37,117,000, to remain
available until September 30, 2014: Provided, That such
amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $208,381,000, to remain available until September 30,
2014: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,334,345,000, to remain available until September 30, 2014:
Provided, That such amounts in this paragraph are designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $480,935,000, to remain available until September 30,
2014: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$41,070,000, to remain available until September 30, 2014:
Provided, That such amounts in this paragraph are designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $317,100,000, to remain available
until September 30, 2014: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$236,125,000, to remain available until September 30, 2014:
Provided, That such amounts in this paragraph are designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$1,233,996,000, to remain available until September 30, 2014:
Provided, That such amounts in this paragraph are designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $1,235,777,000, to remain available until September
30, 2014: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $41,220,000, to remain available until September 30,
2014: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition,
Air Force'', $109,010,000, to remain available until September
30, 2014: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $3,088,510,000, to remain available until September
30, 2014: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$405,768,000, to remain available until September 30, 2014:
Provided, That such amounts in this paragraph are designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons and other procurement for
the reserve components of the Armed Forces, $1,000,000,000, to
remain available for obligation until September 30, 2014:
Provided, That the Chiefs of National Guard and Reserve
components shall, not later than 30 days after the enactment of
this Act, individually submit to the congressional defense
committees the modernization priority assessment for their
respective National Guard or Reserve component: Provided
further, That such amounts in this paragraph are designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Mine Resistant Ambush Protected Vehicle Fund
(including transfer of funds)
For the Mine Resistant Ambush Protected Vehicle Fund,
$2,600,170,000, to remain available until September 30, 2013:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, to
procure, sustain, transport, and field Mine Resistant Ambush
Protected vehicles: Provided further, That the Secretary shall
transfer such funds only to appropriations made available in
this or any other Act for operation and maintenance;
procurement; research, development, test and evaluation; and
defense working capital funds to accomplish the purpose
provided herein: Provided further, That such transferred funds
shall be merged with and be available for the same purposes and
the same time period as the appropriation to which transferred:
Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department of
Defense: Provided further, That the Secretary shall, not fewer
than 10 days prior to making transfers from this appropriation,
notify the congressional defense committees in writing of the
details of any such transfer: Provided further, That such
amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $18,513,000, to remain available until
September 30, 2013: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $53,884,000, to remain available until
September 30, 2013: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $259,600,000, to remain available
until September 30, 2013: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $194,361,000, to remain
available until September 30, 2013: Provided, That such
amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $435,013,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,228,288,000, which shall be for operation and maintenance,
to remain available until September 30, 2012: Provided, That
such amounts in this paragraph are designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $456,458,000, to remain
available until September 30, 2013: Provided, That such
amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$2,441,984,000, to remain available until September 30, 2014:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for the
purpose of allowing the Director of the Joint Improvised
Explosive Device Defeat Organization to investigate, develop
and provide equipment, supplies, services, training,
facilities, personnel and funds to assist United States forces
in the defeat of improvised explosive devices: Provided
further, That the Secretary of Defense may transfer funds
provided herein to appropriations for military personnel;
operation and maintenance; procurement; research, development,
test and evaluation; and defense working capital funds to
accomplish the purpose provided herein: Provided further, That
this transfer authority is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That the Secretary of Defense shall, not fewer than 15
days prior to making transfers from this appropriation, notify
the congressional defense committees in writing of the details
of any such transfer: Provided further, That such amounts in
this paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $11,055,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law,
funds made available in this title are in addition to amounts
appropriated or otherwise made available for the Department of
Defense for fiscal year 2012.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may, with the approval of the Office of
Management and Budget, transfer up to $4,000,000,000 between
the appropriations or funds made available to the Department of
Defense in this title: Provided, That the Secretary shall
notify the Congress promptly of each transfer made pursuant to
the authority in this section: Provided further, That the
authority provided in this section is in addition to any other
transfer authority available to the Department of Defense and
is subject to the same terms and conditions as the authority
provided in the Department of Defense Appropriations Act, 2012.
Sec. 9003. Supervision and administration costs associated
with a construction project funded with appropriations
available for operation and maintenance, ``Afghanistan
Infrastructure Fund'', or the ``Afghanistan Security Forces
Fund'' provided in this Act and executed in direct support of
overseas contingency operations in Afghanistan, may be
obligated at the time a construction contract is awarded:
Provided, That for the purpose of this section, supervision and
administration costs include all in-house Government costs.
Sec. 9004. From funds made available in this title, the
Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in the U.S.
Central Command area of responsibility: (a) passenger motor
vehicles up to a limit of $75,000 per vehicle; and (b) heavy
and light armored vehicles for the physical security of
personnel or for force protection purposes up to a limit of
$250,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying
vehicles.
Sec. 9005. Not to exceed $400,000,000 of the amount
appropriated in this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other
provision of law, to fund the Commander's Emergency Response
Program (CERP), for the purpose of enabling military commanders
in Afghanistan to respond to urgent, small-scale, humanitarian
relief and reconstruction requirements within their areas of
responsibility: Provided, That each project (including any
ancillary or related elements in connection with such project)
executed under this authority shall not exceed $20,000,000:
Provided further, That not later than 45 days after the end of
each fiscal year quarter, the Secretary of Defense shall submit
to the congressional defense committees a report regarding the
source of funds and the allocation and use of funds during that
quarter that were made available pursuant to the authority
provided in this section or under any other provision of law
for the purposes described herein: Provided further, That, not
later than 30 days after the end of each month, the Army shall
submit to the congressional defense committees monthly
commitment, obligation, and expenditure data for the
Commander's Emergency Response Program in Afghanistan:
Provided further, That not less than 15 days before making
funds available pursuant to the authority provided in this
section or under any other provision of law for the purposes
described herein for a project with a total anticipated cost
for completion of $5,000,000 or more, the Secretary shall
submit to the congressional defense committees a written notice
containing each of the following:
(1) The location, nature and purpose of the
proposed project, including how the project is intended
to advance the military campaign plan for the country
in which it is to be carried out.
(2) The budget, implementation timeline with
milestones, and completion date for the proposed
project, including any other CERP funding that has been
or is anticipated to be contributed to the completion
of the project.
(3) A plan for the sustainment of the proposed
project, including the agreement with either the host
nation, a non-Department of Defense agency of the
United States Government or a third-party contributor
to finance the sustainment of the activities and
maintenance of any equipment or facilities to be
provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense
for operation and maintenance may be used, notwithstanding any
other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other
logistical support to coalition forces supporting military and
stability operations in Iraq and Afghanistan: Provided, That
the Secretary of Defense shall provide quarterly reports to the
congressional defense committees regarding support provided
under this section.
Sec. 9007. None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base
for the purpose of providing for the permanent
stationing of United States Armed Forces in Iraq.
(2) To exercise United States control over any oil
resource of Iraq.
(3) To establish any military installation or base
for the purpose of providing for the permanent
stationing of United States Armed Forces in
Afghanistan.
Sec. 9008. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on December
10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law
105-277; 112 Stat. 2681-822; 8 U.S.C. 1231 note) and
regulations prescribed thereto, including regulations
under part 208 of title 8, Code of Federal Regulations,
and part 95 of title 22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of
Defense, Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006 (Public Law 109-148).
Sec. 9009. None of the funds provided for the
``Afghanistan Security Forces Fund'' (ASFF) may be obligated
prior to the approval of a financial and activity plan by the
Afghanistan Resources Oversight Council (AROC) of the
Department of Defense: Provided, That the AROC must approve
the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-
standard equipment requirements in excess of $100,000,000 using
ASFF: Provided further, That the AROC must approve all
projects and the execution plan under the ``Afghanistan
Infrastructure Fund'' (AIF) and any project in excess of
$5,000,000 from the Commanders Emergency Response Program
(CERP): Provided further, That the Department of Defense must
certify to the congressional defense committees that the AROC
has convened and approved a process for ensuring compliance
with the requirements in the preceding provisos and
accompanying report language for the ASFF, AIF, and CERP.
Sec. 9010. (a) Funding for Outreach and Reintegration
Services Under Yellow Ribbon Reintegration Program.--Of the
amounts appropriated or otherwise made available by title IX,
up to $20,000,000 may be available for outreach and
reintegration services under the Yellow Ribbon Reintegration
Program under section 582(h) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 125; 10 U.S.C. 10101 note).
(b) Supplement Not Supplant.--The amount made available by
subsection (a) for the services described in that subsection is
in addition to any other amounts available in this Act for such
services.
Sec. 9011. Funds made available in this title to the
Department of Defense for operation and maintenance may be used
to purchase items having an investment unit cost of not more
than $250,000: Provided, That, upon determination by the
Secretary of Defense that such action is necessary to meet the
operational requirements of a Commander of a Combatant Command
engaged in contingency operations overseas, such funds may be
used to purchase items having an investment item unit cost of
not more than $500,000.
Sec. 9012. Notwithstanding any other provision of law, up
to $150,000,000 of funds made available in this title under the
heading ``Operation and Maintenance, Army'' may be obligated
and expended for purposes of the Task Force for Business and
Stability Operations, subject to the direction and control of
the Secretary of Defense, with concurrence of the Secretary of
State, to carry out strategic business and economic assistance
activities in Afghanistan in support of Operation Enduring
Freedom: Provided, That not less than 15 days before making
funds available pursuant to the authority provided in this
section for any project with a total anticipated cost of
$5,000,000 or more, the Secretary shall submit to the
congressional defense committees a written notice containing a
detailed justification and timeline for each proposed project.
Sec. 9013. From funds made available to the Department of
Defense in this title under the heading ``Operation and
Maintenance, Air Force'' up to $524,000,000 may be used by the
Secretary of Defense, notwithstanding any other provision of
law, to support United States Government transition activities
in Iraq by funding the operations and activities of the Office
of Security Cooperation in Iraq and security assistance teams,
including life support, transportation and personal security,
and facilities renovation and construction: Provided, That not
less than 15 days before making funds available pursuant to the
authority provided in this section, the Secretary shall submit
to the congressional defense committees a written notice
containing a detailed justification and timeline for each
proposed site.
Sec. 9014. The amounts appropriated in title IX of this
Act are hereby reduced by $4,042,500,000 to reflect reduced
troop strength in theater: Provided, That the reductions shall
be applied to the military personnel and operation and
maintenance appropriations only: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to
reducing funds for this purpose, notify the congressional
defense committees in writing of the details of any such
reduction by appropriation and budget line item.
Sec. 9015. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That such amounts are designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985:
``Overseas Contingency Operations Transfer Fund,
2010'', $356,810,000;
``Procurement of Ammunition, Army, 2010/2012'',
$21,000,000;
``Other Procurement, Air Force, 2010/2012'',
$2,250,000.
This division may be cited as the ``Department of
Defense Appropriations Act, 2012''.
DIVISION B--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2012
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the
collection and study of basic information pertaining to river
and harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related needs; for surveys
and detailed studies, and plans and specifications of proposed
river and harbor, flood and storm damage reduction, shore
protection, and aquatic ecosystem restoration projects and
related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations and,
when authorized by law, surveys and detailed studies, and plans
and specifications of projects prior to construction,
$125,000,000, to remain available until expended.
construction
For expenses necessary for the construction of river and
harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related projects authorized
by law; for conducting detailed studies, and plans and
specifications, of such projects (including those involving
participation by States, local governments, or private groups)
authorized or made eligible for selection by law (but such
detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$1,694,000,000, to remain available until expended; of which
such sums as are necessary to cover the Federal share of
construction costs for facilities under the Dredged Material
Disposal Facilities program shall be derived from the Harbor
Maintenance Trust Fund as authorized by Public Law 104-303; and
of which such sums as are necessary to cover one-half of the
costs of construction, replacement, rehabilitation, and
expansion of inland waterways projects (including only Olmsted
Lock and Dam, Ohio River, Illinois and Kentucky; Emsworth Locks
and Dam, Ohio River, Pennsylvania; Lock and Dams 2, 3, and 4,
Monongahela River, Pennsylvania; and Lock and Dam 27,
Mississippi River, Illinois) shall be derived from the Inland
Waterways Trust Fund.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley
below Cape Girardeau, Missouri, as authorized by law,
$252,000,000, to remain available until expended, of which such
sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for inland harbors shall be
derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related projects
authorized by law; providing security for infrastructure owned
or operated by the Corps, including administrative buildings
and laboratories; maintaining harbor channels provided by a
State, municipality, or other public agency that serve
essential navigation needs of general commerce, where
authorized by law; surveying and charting northern and
northwestern lakes and connecting waters; clearing and
straightening channels; and removing obstructions to
navigation, $2,412,000,000, to remain available until expended,
of which such sums as are necessary to cover the Federal share
of eligible operation and maintenance costs for coastal harbors
and channels, and for inland harbors shall be derived from the
Harbor Maintenance Trust Fund; of which such sums as become
available from the special account for the Corps of Engineers
established by the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-6a(i)) shall be derived from that account for
resource protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which
outdoor recreation is available; and of which such sums as
become available from fees collected under section 217 of
Public Law 104-303 shall be used to cover the cost of operation
and maintenance of the dredged material disposal facilities for
which such fees have been collected: Provided, That 1 percent
of the total amount of funds provided for each of the programs,
projects or activities funded under this heading shall not be
allocated to a field operating activity prior to the beginning
of the fourth quarter of the fiscal year and shall be available
for use by the Chief of Engineers to fund such emergency
activities as the Chief of Engineers determines to be necessary
and appropriate, and that the Chief of Engineers shall allocate
during the fourth quarter any remaining funds which have not
been used for emergency activities proportionally in accordance
with the amounts provided for the programs, projects or
activities.
regulatory program
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$193,000,000, to remain available until September 30, 2013.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation's early atomic energy program, $109,000,000, to
remain available until expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations,
repairs, and other activities in response to such disasters as
authorized by law, $27,000,000, to remain available until
expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division
Engineers; and for costs of management and operation of the
Humphreys Engineer Center Support Activity, the Institute for
Water Resources, the United States Army Engineer Research and
Development Center, and the United States Army Corps of
Engineers Finance Center allocable to the civil works program,
$185,000,000, to remain available until September 30, 2013, of
which not to exceed $5,000 may be used for official reception
and representation purposes and only during the current fiscal
year: Provided, That no part of any other appropriation
provided in title I of this Act shall be available to fund the
civil works activities of the Office of the Chief of Engineers
or the civil works executive direction and management
activities of the division offices: Provided further, That any
Flood Control and Coastal Emergencies appropriation may be used
to fund the supervision and general administration of emergency
operations, repairs, and other activities in response to any
flood, hurricane, or other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for
Civil Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000,
to remain available until September 30, 2013.
administrative provision
The Revolving Fund, Corps of Engineers, shall be available
during the current fiscal year for purchase (not to exceed 100
for replacement only) and hire of passenger motor vehicles for
the civil works program.
general provisions--corps of engineers--civil
(including transfers of funds)
Sec. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the
agencies or entities funded in title I of this Act that remain
available for obligation or expenditure in fiscal year 2012,
shall be available for obligation or expenditure through a
reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program,
project, or activity for which funds have been denied
or restricted by this Act, unless prior approval is
received from the House and Senate Committees on
Appropriations;
(4) proposes to use funds directed for a specific
activity for a different purpose, unless prior approval
is received from the House and Senate Committees on
Appropriations;
(5) augments or reduces existing programs, projects
or activities in excess of the amounts contained in
subsections 6 through 10, unless prior approval is
received from the House and Senate Committees on
Appropriations;
(6) Investigations.--For a base level over
$100,000, reprogramming of 25 percent of the base
amount up to a limit of $150,000 per project, study or
activity is allowed: Provided, That for a base level
less than $100,000, the reprogramming limit is $25,000:
Provided further, That up to $25,000 may be
reprogrammed into any continuing study or activity that
did not receive an appropriation for existing
obligations and concomitant administrative expenses;
(7) Construction.--For a base level over
$2,000,000, reprogramming of 15 percent of the base
amount up to a limit of $3,000,000 per project, study
or activity is allowed: Provided, That for a base
level less than $2,000,000, the reprogramming limit is
$300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed
conditions, or real estate deficiency judgments:
Provided further, That up to $300,000 may be
reprogrammed into any continuing study or activity that
did not receive an appropriation for existing
obligations and concomitant administrative expenses;
(8) Operation and maintenance.--Unlimited
reprogramming authority is granted in order for the
Corps to be able to respond to emergencies: Provided,
That the Chief of Engineers must notify the House and
Senate Committees on Appropriations of these emergency
actions as soon thereafter as practicable: Provided
further, That for a base level over $1,000,000,
reprogramming of 15 percent of the base amount a limit
of $5,000,000 per project, study or activity is
allowed: Provided further, That for a base level less
than $1,000,000, the reprogramming limit is $150,000:
Provided further, That $150,000 may be reprogrammed
into any continuing study or activity that did not
receive an appropriation;
(9) Mississippi river and tributaries.--The same
reprogramming guidelines for the Investigations,
Construction, and Operation and Maintenance portions of
the Mississippi River and Tributaries Account as listed
above; and
(10) Formerly utilized sites remedial action
program.--Reprogramming of up to 15 percent of the base
of the receiving project is permitted.
(b) De Minimus Reprogrammings.--In no case should a
reprogramming for less than $50,000 be submitted to the House
and Senate Committees on Appropriations.
(c) Continuing Authorities Program.--Subsection (a)(1)
shall not apply to any project or activity funded under the
continuing authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Corps of Engineers shall submit a report to the
House and Senate Committees on Appropriations to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided, That the
report shall include:
(1) A table for each appropriation with a separate
column to display the President's budget request,
adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal
year enacted level;
(2) A delineation in the table for each
appropriation both by object class and program, project
and activity as detailed in the budget appendix for the
respective appropriations; and
(3) An identification of items of special
congressional interest.
Sec. 102. None of the funds made available in this title
may be used to award or modify any contract that commits funds
beyond the amounts appropriated for that program, project, or
activity that remain unobligated, except that such amounts may
include any funds that have been made available through
reprogramming pursuant to section 101.
Sec. 103. None of the funds in this Act, or previous Acts,
making funds available for Energy and Water Development, shall
be used to award any continuing contract that commits
additional funding from the Inland Waterways Trust Fund unless
or until such time that a long-term mechanism to enhance
revenues in this Fund sufficient to meet the cost-sharing
authorized in the Water Resources Development Act of 1986
(Public Law 99-662) is enacted.
Sec. 104. Within 120 days of the date of the Chief of
Engineers Report on a water resource matter, the Assistant
Secretary of the Army (Civil Works) shall submit the report to
the appropriate authorizing and appropriating committees of the
Congress.
Sec. 105. During the fiscal year period covered by this
Act, the Secretary of the Army is authorized to implement
measures recommended in the efficacy study authorized under
section 3061 of the Water Resources Development Act of 2007
(121 Stat. 1121) or in interim reports, with such modifications
or emergency measures as the Secretary of the Army determines
to be appropriate, to prevent aquatic nuisance species from
dispersing into the Great Lakes by way of any hydrologic
connection between the Great Lakes and the Mississippi River
Basin.
Sec. 106. The Secretary is authorized to transfer to
``Corps of Engineers--Civil--Construction'' up to $100,000,000
of the funds provided for reinforcing or replacing flood walls
under the heading ``Corps of Engineers--Civil--Flood Control
and Coastal Emergencies'' in Public Law 109-234 and Public Law
110-252 and up to $75,000,000 of the funds provided for
projects and measures for the West Bank and Vicinity and Lake
Ponchartrain and Vicinity projects under the heading ``Corps of
Engineers--Civil--Flood Control and Coastal Emergencies'' in
Public Law 110-28, to be used with funds provided for the West
Bank and Vicinity project under the heading ``Corps of
Engineers--Civil--Construction'' in Public Law 110-252 and
Public Law 110-329, consistent with 65 percent Federal and 35
percent non-Federal cost share and the financing of, and
payment terms for, the non-Federal cash contribution associated
with the West Bank and Vicinity project.
Sec. 107. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service
may accept and expend, up to $3,800,000 of funds provided in
this title under the heading ``Operation and Maintenance'' to
mitigate for fisheries lost due to Corps of Engineers projects.
Sec. 108. The Secretary of the Army may authorize a member
of the Armed Forces under the Secretary's jurisdiction and
employees of the Department of the Army to serve without
compensation as director, officer, or otherwise in the
management of the organization established to support and
maintain the participation of the United States in the
permanent international commission of the congresses of
navigation, or any successor entity.
Sec. 109. (a) Acquisition.--The Secretary is authorized to
acquire any real property and associated real property
interests in the vicinity of Hanover, New Hampshire as may be
needed for the Engineer Research and Development Center
laboratory facilities at the Cold Regions Research and
Engineering Laboratory. This real property to be acquired
consists of 18.5 acres more or less, identified as Tracts 101-1
and 101-2, together with all necessary easements located
entirely within the Town of Hanover, New Hampshire. The real
property is generally bounded to the east by state route 10-
Lyme Road, to the north by the vacant property of the Trustees
of the Dartmouth College, to the south by Fletcher Circle
graduate student housing owned by the Trustees of Dartmouth
College, and to the west by approximately 9 acres of real
property acquired in fee through condemnation in 1981 by the
Secretary of the Army.
(b) Revolving Fund.--The Secretary is authorized to use the
Revolving Fund (33 U.S.C. 576) through the Plant Replacement
and Improvement Program to acquire the real property and
associated real property interests in subsection (a). The
Secretary shall ensure that the Revolving Fund is appropriately
reimbursed from the benefitting appropriations.
(c) Right of First Refusal.--The Secretary may provide the
Seller of any real property and associated property interests
identified in subsection (a)--
(1) a right of first refusal to acquire such
property, or any portion thereof, in the event the
property, or any portion thereof, is no longer needed
by the Department of the Army.
(2) a right of first refusal to acquire any real
property or associated real property interests acquired
by condemnation in Civil Action No. 81-360-L, in the
event the property, or any portion thereof, is no
longer needed by the Department of the Army.
(3) the purchase of any property by the Seller
exercising either right of first refusal authorized in
this section shall be for consideration acceptable to
the Secretary and shall be for not less than fair
market value at the time the property becomes available
for purchase. The right of first refusal authorized in
this section shall not inure to the benefit of the
Sellers successors or assigns.
(d) Disposal.--The Secretary of the Army is authorized to
dispose of any property or associated real property interests
that are subject to the exercise of the right of first refusal
as set forth herein.
Sec. 110. None of the funds made available in this Act may
be used by the Corps of Engineers to relocate, or study the
relocation of, any regional division headquarters of the Corps
located at a military installation or any permanent employees
of such headquarters.
Sec. 111. (a) Section 5 of the Act entitled ``An Act
authorizing the construction of certain public works on rivers
and harbors for flood control, and for other purposes,''
approved June 22, 1936, (33 U.S.C. 701h), is amended by--
(1) inserting ``for work, which includes planning
and design,'' before ``to be expended'';
(2) striking ``flood control or environmental
restoration work'' and inserting ``water resources
development study or project''; and
(3) inserting ``: Provided further, That the term
`States' means the several States, the District of
Columbia, the commonwealths, territories, and
possessions of the United States, and Federally
recognized Indian tribes'' before the period.
(b) The Secretary shall notify the appropriate committees
of Congress prior to initiation of negotiations for accepting
contributed funds under 33 U.S.C. 701h.
Sec. 112. With respect to the property covered by the deed
described in Auditor's instrument No. 2006-014428 of Benton
County, Washington, approximately 1.5 acres, the following deed
restrictions are hereby extinguished and of no further force
and effect:
(1) The reversionary interest and use restrictions
related to port and industrial purposes;
(2) The right for the District Engineer to review
all pre-construction plans and/or specifications
pertaining to construction and/or maintenance of any
structure intended for human habitation, if the
elevation of the property is above the standard project
flood elevation; and
(3) The right of the District Engineer to object
to, and thereby prevent, in his/her discretion, such
activity.
Sec. 113. That portion of the project for navigation,
Block Island Harbor of Refuge, Rhode Island adopted by the
Rivers and Harbors Act of July 11, 1870, consisting of the cut-
stone breakwater lining the west side of the Inner Basin;
beginning at a point with coordinates N32579.55, E312625.53,
thence running northerly about 76.59 feet to a point with
coordinates N32655.92, E312631.32, thence running northerly
about 206.81 feet to a point with coordinates N32858.33,
E312673.74, thence running easterly about 109.00 feet to a
point with coordinates N32832.15, E312779.54, shall no longer
be authorized after the date of enactment.
Sec. 114. The Secretary of the Army, acting through the
Chief of Engineers, is authorized, using amounts available in
the Revolving Fund established by section 101 of the Act of
July 27, 1953, chap. 245 (33 U.S.C. 576), to construct a
Consolidated Infrastructure Research Equipment Facility, an
Environmental Processes and Risk Lab, a Hydraulic Research
Facility, an Engineer Research and Development Center
headquarters building, a Modular Hydraulic Flume building, and
to purchase real estate, perform construction, and make
facility, utility, street, road, and infrastructure
improvements to the Engineer Research and Development Center's
installations and facilities. The Secretary shall ensure that
the Revolving Fund is appropriately reimbursed from the
benefitting appropriations.
Sec. 115. Section 1148 of the Water Resources Development
Act of 1986 (100 Stat. 4254; 110 Stat. 3718; 114 Stat. 2609) is
amended by striking subsection (b) and inserting the following:
``(b) Disposition of Acquired Land.--The Secretary may
transfer land acquired under this section to the non-Federal
sponsor by quitclaim deed subject to such terms and conditions
as the Secretary determines to be in the public interest.''.
Sec. 116. The New London Disposal Site and the Cornfield
Shoals Disposal Site in Long Island Sound selected by the
Department of the Army as alternative dredged material disposal
sites under section 103(b) of the Marine Protection, Research,
and Sanctuaries Act of 1972, as amended, shall remain open for
5 years after enactment of this Act to allow for completion of
a Supplemental Environmental Impact Statement to support final
designation of an Ocean Dredged Material Disposal Site in
eastern Long Island Sound under section 102(c) of the Marine
Protection, Research, and Sanctuaries Act of 1972.
Sec. 117. (a) That portion of the project for navigation,
Newport Harbor, Rhode Island adopted by the Rivers and Harbors
Acts of March 2, 1907 (34 Stat. 1075); June 25, 1910 (36 Stat.
632); August 26, 1937 (50 Stat. 845); and, modified by the
Consolidated Appropriations Act, 2000, Public Law 106-113,
appendix E, title II, section 221 (113 Stat. 1501A-298);
consisting of a 13-foot anchorage, an 18-foot anchorage, a 21-
foot channel, and 18-foot channels described by the following
shall no longer be authorized after the date of enactment of
this Act: the 21-Foot Entrance Channel, beginning at a point
(1) with coordinates 374986.03, 150611.01; thence running south
46 degrees 54 minutes 30.7 seconds east 900.01 feet to a point
(2) with coordinates 375643.27, 149996.16; thence running south
8 degrees 4 minutes 58.3 east 2,376.87 feet to a point (3) with
coordinates 375977.47, 147643.00; thence running south 4
degrees 28 minutes 20.4 seconds west 738.56 feet to a point (4)
with coordinates 375919.88, 146906.60; thence running south 6
degrees 2 minutes 42.4 seconds east 1,144.00 feet to a point
(5) with coordinates 376040.35, 145768.96; thence running south
34 degrees 5 minutes 51.7 seconds west 707.11 feet to a point
(6) with coordinates 375643.94, 145183.41; thence running south
73 degrees 11 minutes 42.9 seconds west 1,300.00 feet to the
end point (7) with coordinates 374399.46, 144807.57; Returning
at a point with coordinates (8) with coordinates 374500.64,
144472.51; thence running north 73 degrees 11 minutes 42.9
seconds east 1,582.85 feet to a point (9) with coordinates
376015.90, 144930.13; thence running north 34 degrees 5 minutes
51.7 seconds east 615.54 feet to a point (10) with coordinates
376360.97, 145439.85; thence running north 2 degrees 10 minutes
43.3 seconds west 2,236.21 feet to a point (11) with
coordinates 376275.96, 147674.45; thence running north 8
degrees 4 minutes 55.6 seconds west 2,652.83 feet to a point
(12) with coordinates 375902.99, 150300.93; thence running
north 46 degrees 54 minutes 30.7 seconds west 881.47 feet to an
end point (13) with coordinates 375259.29, 150903.12; and the
18-Foot South Goat Island Channel beginning at a point (14)
with coordinates 375509.09, 149444.83; thence running south 25
degrees 44 minutes 0.5 second east 430.71 feet to a point (15)
with coordinates 375696.10, 149056.84; thence running south 10
degrees 13 minutes 27.4 seconds east 1,540.89 feet to a point
(16) with coordinates 375969.61, 147540.41; thence running
south 4 degrees 29 minutes 11.3 seconds west 1,662.92 feet to a
point (17) with coordinates 375839.53, 145882.59; thence
running south 34 degrees 5 minutes 51.7 seconds west 547.37
feet to a point (18) with coordinates 375532.67, 145429.32;
thence running south 86 degrees 47 minutes 37.7 seconds west
600.01 feet to an end point (19) with coordinates 374933.60,
145395.76; and the 18-Foot Entrance Channel beginning at a
point (20) with coordinates 374567.14, 144252.33; thence
running north 73 degrees 11 minutes 42.9 seconds east 1,899.22
feet to a point (21) with coordinates 376385.26, 144801.42;
thence running north 2 degrees 10 minutes 41.5 seconds west
638.89 feet to an end point (10) with coordinates 376360.97,
145439.85; and the 18-Foot South Anchorage beginning at a point
(22) with coordinates 376286.81, 147389.37; thence running
north 78 degrees 56 minutes 15.6 seconds east 404.86 feet to a
point (23) with coordinates 376684.14, 147467.05; thence
running north 78 degrees 56 minutes 15.6 seconds east 1,444.33
feet to a point (24) with coordinates 378101.63, 147744.18;
thence running south 5 degrees 18 minutes 43.8 seconds west
1,228.20 feet to a point (25) with coordinates 377987.92,
146521.26; thence running south 3 degrees 50 minutes 3.4
seconds east 577.84 feet to a point (26) with coordinates
378026.56, 145944.71; thence running south 44 degrees 32
minutes 14.7 seconds west 2,314.09 feet to a point (27) with
coordinates 376403.52, 144295.24 thence running south 60
degrees 5 minutes 58.2 seconds west 255.02 feet to an end point
(28) with coordinates 376182.45, 144168.12; and the 13-Foot
Anchorage beginning at a point (29) with coordinates 376363.39,
143666.99; thence running north 63 degrees 34 minutes 19.3
seconds east 1,962.37 feet to a point (30) with coordinates
378120.68, 144540.38; thence running north 3 degrees 50 minutes
3.1 seconds west 1,407.47 feet to an end point (26) with
coordinates 378026.56, 145944.71; and the 18-Foot East Channel
beginning at a point (23) with coordinates 376684.14,
147467.05; thence running north 2 degrees 10 minutes 43.3
seconds west 262.95 feet to a point (31) with coordinates
376674.14, 147729.81; thence running north 9 degrees 42 minutes
20.3 seconds west 301.35 feet to a point (32) with coordinates
376623.34, 148026.85; thence running south 80 degrees 17
minutes 42.4 seconds west 313.6 feet to a point (33) with
coordinates 376314.23, 147973.99; thence running north 7
degrees 47 minutes 21.9 seconds west 776.24 feet to an end
point (34) with coordinates 376209.02, 148743.06; and the 18-
Foot North Anchorage beginning at a point (35) with coordinates
376123.98, 148744.69; thence running south 88 degrees 54
minutes 16.2 seconds east 377.90 feet to a point (36) with
coordinates 376501.82, 148737.47; thence running north 9
degrees 42 minutes 19.0 seconds west 500.01 feet to a point
(37) with coordinates 376417.52, 149230.32; thence running
north 6 degrees 9 minutes 53.2 seconds west 1,300.01 feet to an
end point (38) with coordinates 376277.92, 150522.81.
(b) The area described by the following shall be
redesignated as an eighteen-foot channel and turning basin:
Beginning at a point (1) with coordinates N144759.41,
E374413.16; thence running north 73 degrees 11 minutes 42.9
seconds east 1,252.88 feet to a point (2) with coordinates
N145121.63, E375612.53; thence running north 26 degrees 29
minutes 48.1 seconds east 778.89 feet to a point (3) with
coordinates N145818.71, E375960.04; thence running north 0
degrees 3 minutes 38.1 seconds west 1,200.24 feet to a point
(4) with coordinates N147018.94, E375958.77; thence running
north 2 degrees 22 minutes 45.2 seconds east 854.35 feet to a
point (5) with coordinates N147872.56, E375994.23; thence
running north 7 degrees 47 minutes 21.9 seconds west 753.83
feet to a point (6) with coordinates N148619.44, E375892.06;
thence running north 88 degrees 46 minutes 16.7 seconds east
281.85 feet to a point (7) with coordinates N148625.48,
E376173.85; thence running south 7 degrees 47 minutes 21.9
seconds east 716.4 feet to a point (8) with coordinates
N147915.69, E376270.94; thence running north 80 degrees 17
minutes 42.3 seconds east 315.3 feet to a point (9) with
coordinates N147968.85, E.76581.73; thence running south 9
degrees 42 minutes 20.3 seconds east 248.07 feet to a point
(10) with coordinates N147724.33, E376623.55; thence running
south 2 degrees 10 minutes 43.3 seconds east 318.09 feet to a
point (11) with coordinates N147406.47, E376635.64; thence
running north 78 degrees 56 minutes 15.6 seconds east 571.11
feet to a point (12) with coordinates N147516.06, E377196.15;
thence running south 88 degrees 57 minutes 2.3 seconds east
755.09 feet to a point (13) with coordinates N147502.23,
E377951.11; thence running south 1 degree 2 minutes 57.7
seconds west 100.00 feet to a point (14) with coordinates
N147402.25, E377949.28; thence running north 88 degrees 57
minutes 2.3 seconds west 744.48 feet to a point (15) with
coordinates N147415.88, E377204.92; thence running south 78
degrees 56 minutes 15.6 seconds west 931.17 feet to a point
(16) with coordinates N147237.21, E376291.06; thence running
south 39 degrees 26 minutes 18.7 seconds west 208.34 feet to a
point (17) with coordinates N147076.31, E376158.71; thence
running south 0 degrees 3 minutes 38.1 seconds east 1,528.26
feet to a point (18) with coordinates N145548.05, E376160.32;
thence running south 26 degrees 29 minutes 48.1 seconds west
686.83 feet to a point (19) with coordinates N144933.37,
E375853.90; thence running south 73 degrees 11 minutes 42.9
seconds west 1,429.51 feet to end at a point (20) with
coordinates N144520.08, E374485.44.
Sec. 118. None of the funds made available to the Corps of
Engineers by this Act may be used for the removal or associated
mitigation of Federal Energy Regulatory Commission Project
number 2342.
Sec. 119. None of the funds made available by this Act may
be used for the study of the Missouri River Projects authorized
in section 108 of the Energy and Water Development and Related
Agencies Appropriations Act, 2009 (division C of Public Law
111-8).
Sec. 120. None of the funds made available in this Act may
be used to continue the study conducted by the Army Corps of
Engineers pursuant to section 5018(a)(1) of the Water Resources
Development Act of 2007.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah
Project Completion Act, $27,154,000, to remain available until
expended, of which $2,000,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission. In
addition, for necessary expenses incurred in carrying out
related responsibilities of the Secretary of the Interior,
$1,550,000. For fiscal year 2012, the Commission may use an
amount not to exceed $1,500,000 for administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and
related natural resources and for related activities, including
the operation, maintenance, and rehabilitation of reclamation
and other facilities, participation in fulfilling related
Federal responsibilities to Native Americans, and related
grants to, and cooperative and other agreements with, State and
local governments, federally recognized Indian tribes, and
others, $895,000,000, to remain available until expended, of
which $10,698,000 shall be available for transfer to the Upper
Colorado River Basin Fund and $6,136,000 shall be available for
transfer to the Lower Colorado River Basin Development Fund; of
which such amounts as may be necessary may be advanced to the
Colorado River Dam Fund: Provided, That such transfers may be
increased or decreased within the overall appropriation under
this heading: Provided further, That of the total
appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation
special fee account established by 16 U.S.C. 460l-6a(i) shall
be derived from that Fund or account: Provided further, That
funds contributed under 43 U.S.C. 395 are available until
expended for the purposes for which contributed: Provided
further, That funds advanced under 43 U.S.C. 397a shall be
credited to this account and are available until expended for
the same purposes as the sums appropriated under this heading:
Provided further, That of the amounts provided herein, funds
may be used for high priority projects which shall be carried
out by the Youth Conservation Corps, as authorized by 16 U.S.C.
1706.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $53,068,000, to be
derived from such sums as may be collected in the Central
Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), and 3405(f) of Public Law 102-575, to remain
available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575: Provided
further, That none of the funds made available under this
heading may be used for the acquisition or leasing of water for
in-stream purposes if the water is already committed to in-
stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with
plans to be approved by the Secretary of the Interior,
$39,651,000, to remain available until expended, of which such
amounts as may be necessary to carry out such activities may be
transferred to appropriate accounts of other participating
Federal agencies to carry out authorized purposes: Provided,
That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided
further, That the use of any funds provided to the California
Bay-Delta Authority for program-wide management and oversight
activities shall be subject to the approval of the Secretary of
the Interior: Provided further, That CALFED implementation
shall be carried out in a balanced manner with clear
performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For necessary expenses of policy, administration, and
related functions in the Office of the Commissioner, the Denver
office, and offices in the five regions of the Bureau of
Reclamation, to remain available until September 30, 2013,
$60,000,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377: Provided, That
no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed five passenger motor
vehicles, which are for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of
this Act for Water and Related Resources, or provided by
previous appropriations Acts to the agencies or entities funded
in title II of this Act for Water and Related Resources that
remain available for obligation or expenditure in fiscal year
2012, shall be available for obligation or expenditure through
a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or
activity for which funds have been denied or restricted
by this Act, unless prior approval is received from the
Committees on Appropriations of the House of
Representatives and the Senate;
(4) restarts or resumes any program, project or
activity for which funds are not provided in this Act,
unless prior approval is received from the Committees
on Appropriations of the House of Representatives and
the Senate;
(5) transfers funds in excess of the following
limits, unless prior approval is received from the
Committees on Appropriations of the House of
Representatives and the Senate:
(A) 15 percent for any program, project or
activity for which $2,000,000 or more is
available at the beginning of the fiscal year;
or
(B) $300,000 for any program, project or
activity for which less than $2,000,000 is
available at the beginning of the fiscal year;
(6) transfers more than $500,000 from either the
Facilities Operation, Maintenance, and Rehabilitation
category or the Resources Management and Development
category to any program, project, or activity in the
other category, unless prior approval is received from
the Committees on Appropriations of the House of
Representatives and the Senate; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than
$5,000,000 to provide adequate funds for settled
contractor claims, increased contractor earnings due to
accelerated rates of operations, and real estate
deficiency judgments, unless prior approval is received
from the Committees on Appropriations of the House of
Representatives and the Senate.
(b) Subsection (a)(5) shall not apply to any transfer of
funds within the Facilities Operation, Maintenance, and
Rehabilitation category.
(c) For purposes of this section, the term ``transfer''
means any movement of funds into or out of a program, project,
or activity.
(d) The Bureau of Reclamation shall submit reports on a
quarterly basis to the Committees on Appropriations of the
House of Representatives and the Senate detailing all the funds
reprogrammed between programs, projects, activities, or
categories of funding. The first quarterly report shall be
submitted not later than 60 days after the date of enactment of
this Act.
Sec. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and the
State of California of a plan, which shall conform to the water
quality standards of the State of California as approved by the
Administrator of the Environmental Protection Agency, to
minimize any detrimental effect of the San Luis drainage
waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
be classified by the Secretary of the Interior as reimbursable
or nonreimbursable and collected until fully repaid pursuant to
the ``Cleanup Program-Alternative Repayment Plan'' and the
``SJVDP-Alternative Repayment Plan'' described in the report
entitled ``Repayment Report, Kesterson Reservoir Cleanup
Program and San Joaquin Valley Drainage Program, February
1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United
States relating to, or providing for, drainage service or
drainage studies for the San Luis Unit shall be fully
reimbursable by San Luis Unit beneficiaries of such service or
studies pursuant to Federal reclamation law.
Sec. 203. Section 529(b)(3) of Public Law 106-541, as
amended by section 115 of Public Law 109-103, is further
amended by striking ``$20,000,000'' and inserting
``$30,000,000'' in lieu thereof.
Sec. 204. Section 8 of the Water Desalination Act of 1996
(42 U.S.C. 10301 note; Public Law 104-298) is amended--
(1) in subsection (a), in the first sentence, by
striking ``2011'' and inserting ``2013''; and
(2) in subsection (b), by striking ``$25,000,000
for fiscal years 1997 through 2011'' and inserting
``$3,000,000 for each of fiscal years 2012 through
2013''.
Sec. 205. The Federal policy for addressing California's
water supply and environmental issues related to the Bay-Delta
shall be consistent with State law, including the co-equal
goals of providing a more reliable water supply for the State
of California and protecting, restoring, and enhancing the
Delta ecosystem. The Secretary of the Interior, the Secretary
of Commerce, the Army Corps of Engineers and the Environmental
Protection Agency Administrator shall jointly coordinate the
efforts of the relevant agencies and work with the State of
California and other stakeholders to complete and issue the Bay
Delta Conservation Plan Final Environmental Impact Statement no
later than February 15, 2013. Nothing herein modifies existing
requirements of Federal law.
Sec. 206. The Secretary of the Interior may participate in
non-Federal groundwater banking programs to increase the
operational flexibility, reliability, and efficient use of
water in the State of California, and this participation may
include making payment for the storage of Central Valley
Project water supplies, the purchase of stored water, the
purchase of shares or an interest in ground banking facilities,
or the use of Central Valley Project water as a medium of
payment for groundwater banking services: Provided, That the
Secretary of the Interior shall participate in groundwater
banking programs only to the extent allowed under State law and
consistent with water rights applicable to the Central Valley
Project: Provided further, That any water user to which banked
water is delivered shall pay for such water in the same manner
provided by that water user's then-current Central Valley
Project water service, repayment, or water rights settlement
contract at the rate provided by the then-current Central-
Valley Project Irrigation or Municipal and Industrial Rate
Setting Policies; and: Provided further, That in implementing
this section, the Secretary of the Interior shall comply with
applicable environmental laws, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
Nothing herein shall alter or limit the Secretary's existing
authority to use groundwater banking to meet existing fish and
wildlife obligations.
Sec. 207. (a) Subject to compliance with all applicable
Federal and State laws, a transfer of irrigation water among
Central Valley Project contractors from the Friant, San Felipe,
West San Joaquin, and Delta divisions, and a transfer from a
long-term Friant Division water service or repayment contractor
to a temporary or prior temporary service contractors within
the place of use in existence on the date of the transfer, as
identified in the Bureau of Reclamation water rights permits
for the Friant Division, shall be considered to meet the
conditions described in subparagraphs (A) and (I) of section
3405(a)(1) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4709).
(b) The Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service and the
Commissioner of the Bureau of Reclamation shall initiate and
complete, on the most expedited basis practicable, programmatic
environmental compliance so as to facilitate voluntary water
transfers within the Central Valley Project, consistent with
all applicable Federal and State law.
(c) Not later than 180 days after the date of enactment of
this Act and each of the 4 years thereafter, the Commissioner
of the Bureau of Reclamation shall submit to the committee on
Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate a report that
describes the status of efforts to help facilitate and improve
the water transfers within the Central Valley Project and water
transfers between the Central Valley Project and other water
projects in the State of California; evaluates potential
effects of this Act on Federal programs, Indian tribes, Central
Valley Project operations, the environment, groundwater
aquifers, refuges, and communities; and provides
recommendations on ways to facilitate and improve the process
for these transfers.
Sec. 208. (a) Permitted Uses.--Section 2507(b) of the Farm
Security and Rural Investment Act of 2002 (43 U.S.C. 2211 note;
Public Law 107-171) is amended--
(1) in the matter preceding paragraph (1), by
striking ``In any case in which there are willing
sellers'' and inserting ``For the benefit of at-risk
natural desert terminal lakes and associated riparian
and watershed resources, in any case in which there are
willing sellers or willing participants'';
(2) in paragraph (2), by striking ``in the Walker
River'' and all that follows through ``119 Stat.
2268)''; and
(3) in paragraph (3), by striking ``in the Walker
River Basin''.
(b) Walker Basin Restoration Program.--Section 208(b) of
the Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85; 123 Stat. 2858) is
amended--
(1) in paragraph (1)(B)(iv), by striking ``exercise
water rights'' and inserting ``manage land, water
appurtenant to the land, and related interests''; and
(2) in paragraph (2)(A), by striking ``The amount
made available under subsection (a)(1) shall be
provided to the National Fish and Wildlife Foundation''
and inserting ``Any amount made available to the
National Fish and Wildlife Foundation under subsection
(a) shall be provided''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(including rescission of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion, $1,825,000,000, to remain available
until expended: Provided, That $165,000,000 shall be available
until September 30, 2013 for program direction: Provided
further, That for the purposes of allocating weatherization
assistance funds appropriated by this Act to States and tribes,
the Secretary of Energy may waive the allocation formula
established pursuant to section 414(a) of the Energy
Conservation and Production Act (42 U.S.C. 6864(a)): Provided
further, That of the unobligated balances available under this
heading, $9,909,000 are hereby rescinded: Provided further,
That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant
to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for electricity delivery and
energy reliability activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $139,500,000, to remain available
until expended: Provided, That $27,010,000 shall be available
until September 30, 2013 for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for nuclear energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and the purchase of not more than 10 buses, all for
replacement only, $768,663,000, to remain available until
expended: Provided, That $91,000,000 shall be available until
September 30, 2013 for program direction.
Fossil Energy Research and Development
(including rescission of funds)
For necessary expenses in carrying out fossil energy
research and development activities, under the authority of the
Department of Energy Organization Act (Public Law 95-91),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for
plant or facility acquisition or expansion, and for conducting
inquiries, technological investigations and research concerning
the extraction, processing, use, and disposal of mineral
substances without objectionable social and environmental costs
(30 U.S.C. 3, 1602, and 1603), $534,000,000, to remain
available until expended: Provided, That $120,000,000 shall be
available until September 30, 2013 for program direction:
Provided further, That for all programs funded under Fossil
Energy appropriations in this Act or any other Act, the
Secretary may vest fee title or other property interests
acquired under projects in any entity, including the United
States: Provided further, That of prior-year balances,
$187,000,000 are hereby rescinded: Provided further, That no
rescission made by the previous proviso shall apply to any
amount previously appropriated in Public Law 111-5 or
designated by the Congress as an emergency requirement pursuant
to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
Naval Petroleum and Oil Shale Reserves
For expenses necessary to carry out naval petroleum and oil
shale reserve activities, $14,909,000, to remain available
until expended: Provided, That, notwithstanding any other
provision of law, unobligated funds remaining from prior years
shall be available for all naval petroleum and oil shale
reserve activities.
Strategic Petroleum Reserve
For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act
of 1975, as amended (42 U.S.C. 6201 et seq.), $192,704,000, to
remain available until expended.
SPR Petroleum Account
(including rescission of funds)
Of the amounts deposited in the SPR Petroleum Account
established under section 167 of the Energy Policy and
Conservation Act (42 U.S.C. 6247) in fiscal year 2011 which
remain available for obligation under that section,
$500,000,000 are hereby permanently rescinded.
Northeast Home Heating Oil Reserve
(including rescission of funds)
For necessary expenses for Northeast Home Heating Oil
Reserve storage, operation, and management activities pursuant
to the Energy Policy and Conservation Act, $10,119,000, to
remain available until expended: Provided, That amounts net of
the purchase of 1 million barrels of petroleum distillates in
fiscal year 2012; costs related to transportation, delivery,
and storage; and sales of petroleum distillate from the Reserve
under section 182 of the Energy Policy and Conservation Act (42
U.S.C. 6250a) are hereby permanently rescinded: Provided
further, That notwithstanding section 181 of the Energy Policy
and Conservation Act (42 U.S.C. 6250), for fiscal year 2012 and
hereafter, the Reserve shall contain no more than 1 million
barrels of petroleum distillate.
Energy Information Administration
For necessary expenses in carrying out the activities of
the Energy Information Administration, $105,000,000, to remain
available until expended.
Non-defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
cleanup activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion, $235,721,000, to remain available
until expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment
facility decontamination and decommissioning, remedial actions,
and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of
1992, $472,930,000, to be derived from the Uranium Enrichment
Decontamination and Decommissioning Fund, to remain available
until expended.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for science activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or facility or for plant or
facility acquisition, construction, or expansion, and purchase
of not more than 49 passenger motor vehicles for replacement
only, including one ambulance and one bus, $4,889,000,000, to
remain available until expended: Provided, That $185,000,000
shall be available until September 30, 2013 for program
direction.
Advanced Research Projects Agency--Energy
For necessary expenses in carrying out the activities
authorized by section 5012 of the America COMPETES Act (Public
Law 110-69), as amended, $275,000,000: Provided, That
$20,000,000 shall be available until September 30, 2013 for
program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from
borrowers pursuant to section 1702(b)(2) of the Energy Policy
Act of 2005 under this heading in prior Acts, shall be
collected in accordance with section 502(7) of the
Congressional Budget Act of 1974: Provided, That for necessary
administrative expenses to carry out this Loan Guarantee
program, $38,000,000 is appropriated, to remain available until
expended: Provided further, That $38,000,000 of the fees
collected pursuant to section 1702(h) of the Energy Policy Act
of 2005 shall be credited as offsetting collections to this
account to cover administrative expenses and shall remain
available until expended, so as to result in a final fiscal
year 2012 appropriation from the general fund estimated at not
more than $0: Provided further, That fees collected under
section 1702(h) in excess of the amount appropriated for
administrative expenses shall not be available until
appropriated.
Advanced Technology Vehicles Manufacturing Loan Program
For administrative expenses in carrying out the Advanced
Technology Vehicles Manufacturing Loan Program, $6,000,000, to
remain available until expended.
Departmental Administration
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the hire of passenger motor
vehicles and official reception and representation expenses not
to exceed $30,000, $237,623,000, to remain available until
September 30, 2013, plus such additional amounts as necessary
to cover increases in the estimated amount of cost of work for
others notwithstanding the provisions of the Anti-Deficiency
Act (31 U.S.C. 1511 et seq.): Provided, That such increases in
cost of work are offset by revenue increases of the same or
greater amount, to remain available until expended: Provided
further, That moneys received by the Department for
miscellaneous revenues estimated to total $111,623,000 in
fiscal year 2012 may be retained and used for operating
expenses within this account, and may remain available until
expended, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by
the amount of miscellaneous revenues received during 2012, and
any related appropriated receipt account balances remaining
from prior years' miscellaneous revenues, so as to result in a
final fiscal year 2012 appropriation from the general fund
estimated at not more than $126,000,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, as amended, $42,000,000, to remain available until
expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion, the purchase of not to exceed one
ambulance and one aircraft; $7,233,997,000, to remain available
until expended: Provided, That of such amount not more than
$89,425,000 may be made available for the B-61 Life Extension
Program until the Administrator of the National Nuclear
Security Administration submits to the Committees on
Appropriations of the House of Representatives and the Senate a
final report on the Phase 6.2a design definition and cost
study.
Defense Nuclear Nonproliferation
(including rescission of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for defense nuclear
nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed
one passenger motor vehicle for replacement only,
$2,324,303,000, to remain available until expended: Provided,
That of the unobligated balances available under this heading,
$21,000,000 are hereby rescinded: Provided further, That no
amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Naval Reactors
For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $1,080,000,000, to remain
available until expended: Provided, That $40,000,000 shall be
available until September 30, 2013 for program direction.
Office of the Administrator
For necessary expenses of the Office of the Administrator
in the National Nuclear Security Administration, including
official reception and representation expenses not to exceed
$12,000, $410,000,000, to remain available until September 30,
2013.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental cleanup activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed
one ambulance and one fire truck for replacement only,
$5,023,000,000, to remain available until expended: Provided,
That $321,628,000 shall be available until September 30, 2013
for program direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense, other
defense activities, and classified activities, in carrying out
the purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of
not to exceed 10 passenger motor vehicles for replacement only,
$823,364,000: Provided, That $114,086,000 shall be available
until September 30, 2013 for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the
Kootenai River Native Fish Conservation Aquaculture Program,
Lolo Creek Permanent Weir Facility, and Improving Anadromous
Fish production on the Warm Springs Reservation, and, in
addition, for official reception and representation expenses in
an amount not to exceed $7,000. During fiscal year 2012, no new
direct loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, including transmission wheeling and ancillary
services pursuant to section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the southeastern power area,
$8,428,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood
Control Act of 1944, up to $8,428,000 collected by the
Southeastern Power Administration from the sale of power and
related services shall be credited to this account as
discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of
the Southeastern Power Administration: Provided further, That
the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so
as to result in a final fiscal year 2012 appropriation
estimated at not more than $0: Provided further, That,
notwithstanding 31 U.S.C. 3302, up to $100,162,000 collected by
the Southeastern Power Administration pursuant to the Flood
Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting
collections, to remain available until expended for the sole
purpose of making purchase power and wheeling expenditures:
Provided further, That for purposes of this appropriation,
annual expenses means expenditures that are generally recovered
in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, for construction and acquisition of transmission
lines, substations and appurtenant facilities, and for
administrative expenses, including official reception and
representation expenses in an amount not to exceed $1,500 in
carrying out section 5 of the Flood Control Act of 1944 (16
U.S.C. 825s), as applied to the Southwestern Power
Administration, $45,010,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), up
to $33,118,000 collected by the Southwestern Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Southwestern
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to result
in a final fiscal year 2012 appropriation estimated at not more
than $11,892,000: Provided further, That, notwithstanding 31
U.S.C. 3302, up to $40,000,000 collected by the Southwestern
Power Administration pursuant to the Flood Control Act of 1944
to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that
they are incurred (excluding purchase power and wheeling
expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation and
renewable resources programs as authorized, including official
reception and representation expenses in an amount not to
exceed $1,500; $285,900,000, to remain available until
expended, of which $278,856,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control
Act of 1944 (16 U.S.C. 825s), and section 1 of the Interior
Department Appropriation Act, 1939 (43 U.S.C. 392a), up to
$189,932,000 collected by the Western Area Power Administration
from the sale of power and related services shall be credited
to this account as discretionary offsetting collections, to
remain available until expended, for the sole purpose of
funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to result
in a final fiscal year 2012 appropriation estimated at not more
than $95,968,000, of which $88,924,000 is derived from the
Reclamation Fund: Provided further, That of the amount herein
appropriated, not more than $3,375,000 is for deposit into the
Utah Reclamation Mitigation and Conservation Account pursuant
to title IV of the Reclamation Projects Authorization and
Adjustment Act of 1992: Provided further, That notwithstanding
31 U.S.C. 3302, up to $306,541,000 collected by the Western
Area Power Administration pursuant to the Flood Control Act of
1944 and the Reclamation Project Act of 1939 to recover
purchase power and wheeling expenses shall be credited to this
account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and
wheeling expenditures: Provided further, That for purposes of
this appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$4,169,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 2 of the Act of June 18, 1954 (68 Stat. 255) as
amended: Provided, That notwithstanding the provisions of that
Act and of 31 U.S.C. 3302, up to $3,949,000 collected by the
Western Area Power Administration from the sale of power and
related services from the Falcon and Amistad Dams shall be
credited to this account as discretionary offsetting
collections, to remain available until expended for the sole
purpose of funding the annual expenses of the hydroelectric
facilities of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum
herein appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to result
in a final fiscal year 2012 appropriation estimated at not more
than $220,000: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred.
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, the hire of passenger
motor vehicles, and official reception and representation
expenses not to exceed $3,000, $304,600,000, to remain
available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $304,600,000 of revenues
from fees and annual charges, and other services and
collections in fiscal year 2012 shall be retained and used for
necessary expenses in this account, and shall remain available
until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as revenues
are received during fiscal year 2012 so as to result in a final
fiscal year 2012 appropriation from the general fund estimated
at not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including rescission and transfer of funds)
Sec. 301. (a) No appropriation, funds, or authority made
available by this title for the Department of Energy shall be
used to initiate or resume any program, project, or activity or
to prepare or initiate Requests For Proposals or similar
arrangements (including Requests for Quotations, Requests for
Information, and Funding Opportunity Announcements) for a
program, project, or activity if the program, project, or
activity has not been funded by Congress.
(b) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made
available in this title under the heading ``Department of
Energy--Energy Programs'', enter into a multi-year contract,
award a multi-year grant, or enter into a multi-year
cooperative agreement unless the contract, grant, or
cooperative agreement includes a clause conditioning the
Federal Government's obligation on the availability of future-
year budget authority and the Secretary notifies the Committees
on Appropriations of the House of Representatives and the
Senate at least 14 days in advance.
(c) Except as provided in this section, the amounts made
available by this title shall be expended as authorized by law
for the projects and activities specified in the ``Conference''
column in the ``Department of Energy'' table included under the
heading ``Title III--Department of Energy'' in the joint
explanatory statement accompanying this Act.
(d) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the
Department shall notify the Committees on Appropriations of the
House of Representatives and the Senate at least 30 days prior
to the use of any proposed reprogramming which would cause any
program, project, or activity funding level to increase or
decrease by more than $5,000,000 or 10 percent, whichever is
less, during the time period covered by this Act.
(e) Notwithstanding subsection (c), none of the funds
provided in this title shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program,
project, or activity,
(2) increases funds or personnel for any program,
project, or activity for which funds are denied or
restricted by this Act, or
(3) reduces funds that are directed to be used for
a specific program, project, or activity by this Act.
(f)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds
made available for the Department of Energy if compliance with
such requirement or restriction would pose a substantial risk
to human health, the environment, welfare, or national
security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of any waiver under paragraph (1) as soon as
practicable, but not later than 3 days after the date of the
activity to which a requirement or restriction would otherwise
have applied. Such notice shall include an explanation of the
substantial risk under paragraph (1) that permitted such
waiver.
Sec. 302. The unexpended balances of prior appropriations
provided for activities in this Act may be available to the
same appropriation accounts for such activities established
pursuant to this title. Available balances may be merged with
funds in the applicable established accounts and thereafter may
be accounted for as one fund for the same time period as
originally enacted.
Sec. 303. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2012 until the enactment of the Intelligence Authorization
Act for fiscal year 2012.
Sec. 304. (a) Submission to Congress.--The Secretary of
Energy shall submit to Congress each year, at the time that the
President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-years
energy program reflecting the estimated expenditures and
proposed appropriations included in that budget. Any such
future-years energy program shall cover the fiscal year with
respect to which the budget is submitted and at least the four
succeeding fiscal years. A future-years energy program shall be
included in the fiscal year 2014 budget submission to Congress
and every fiscal year thereafter.
(b) Elements.--Each future-years energy program shall
contain the following:
(1) The estimated expenditures and proposed
appropriations necessary to support programs, projects,
and activities of the Secretary of Energy during the 5-
fiscal year period covered by the program, expressed in
a level of detail comparable to that contained in the
budget submitted by the President to Congress under
section 1105 of title 31, United States Code.
(2) The estimated expenditures and proposed
appropriations shaped by high-level, prioritized
program and budgetary guidance that is consistent with
the administration's policies and out year budget
projections and reviewed by the Department of Energy's
(DOE) senior leadership to ensure that the future-years
energy program is consistent and congruent with
previously established program and budgetary guidance.
(3) A description of the anticipated workload
requirements for each DOE national laboratory during
the 5-fiscal year period.
(c) Consistency in Budgeting.--
(1) The Secretary of Energy shall ensure that
amounts described in subparagraph (A) of paragraph (2)
for any fiscal year are consistent with amounts
described in subparagraph (B) of paragraph (2) for that
fiscal year.
(2) Amounts referred to in paragraph (1) are the
following:
(A) The amounts specified in program and
budget information submitted to Congress by the
Secretary of Energy in support of expenditure
estimates and proposed appropriations in the
budget submitted to Congress by the President
under section 1105(a) of title 31, United
States Code, for any fiscal year, as shown in
the future-years energy program submitted
pursuant to subsection (a).
(B) The total amounts of estimated
expenditures and proposed appropriations
necessary to support the programs, projects,
and activities of the administration included
pursuant to paragraph (5) of section 1105(a) of
such title in the budget submitted to Congress
under that section for any fiscal year.
Sec. 305. Section 1702 of the Energy Policy Act of 2005
(42 U.S.C. 16512) is amended--
(1) by striking subsection (b) and inserting the
following:
``(b) Specific Appropriation or Contribution.--
``(1) In general.--No guarantee shall be made
unless--
``(A) an appropriation for the cost of the
guarantee has been made;
``(B) the Secretary has received from the
borrower a payment in full for the cost of the
guarantee and deposited the payment into the
Treasury; or
``(C) a combination of one or more
appropriations under subparagraph (A) and one
or more payments from the borrower under
subparagraph (B) has been made that is
sufficient to cover the cost of the
guarantee.''.
Sec. 306. Plant or construction projects for which amounts
are made available under this and subsequent appropriation Acts
with a current estimated cost of less than $10,000,000 are
considered for purposes of section 4703 of Public Law 107-314
as a plant project for which the approved total estimated cost
does not exceed the minor construction threshold and for
purposes of section 4704 of Public Law 107-314 as a
construction project with a current estimated cost of less than
a minor construction threshold.
Sec. 307. In section 839b(h)(10)(B) of title 16, United
States Code, strike ``$1,000,000'' and insert ``$2,500,000''.
Sec. 308. None of the funds made available in this title
shall be used for the construction of facilities classified as
high-hazard nuclear facilities under 10 CFR Part 830 unless
independent oversight is conducted by the Office of Health,
Safety, and Security to ensure the project is in compliance
with nuclear safety requirements.
Sec. 309. Of the amounts appropriated in this title,
$73,300,000 are hereby rescinded, to reflect savings from the
contractor pay freeze instituted by the Department. The
Department shall allocate the rescission among the
appropriations made in this title.
Sec. 310. None of the funds made available in this title
may be used to approve critical decision-2 or critical
decision-3 under Department of Energy Order 413.3B, or any
successive departmental guidance, for construction projects
where the total project cost exceeds $100,000,000, until a
separate independent cost estimate has been developed for the
project for that critical decision.
Sec. 311. None of the funds made available in this title
may be used to make a grant allocation, discretionary grant
award, discretionary contract award, or Other Transaction
Agreement, or to issue a letter of intent, totaling in excess
of $1,000,000, or to announce publicly the intention to make
such an allocation, award, or Agreement, or to issue such a
letter, including a contract covered by the Federal Acquisition
Regulation, unless the Secretary of Energy notifies the
Committees on Appropriations of the Senate and the House of
Representatives at least 3 full business days in advance of
making such an allocation, award, or Agreement, or issuing such
a letter: Provided, That if the Secretary of Energy determines
that compliance with this section would pose a substantial risk
to human life, health, or safety, an allocation, award, or
Agreement may be made, or a letter may be issued, without
advance notification, and the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives not later than 5 full business days after the
date on which such an allocation, award, or Agreement is made
or letter issued: Provided further, That the notification
shall include the recipient of the award, the amount of the
award, the fiscal year for which the funds for the award were
appropriated, and the account and program from which the funds
are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
Sec. 312. (a) Any determination (including a determination
made prior to the date of enactment of this Act) by the
Secretary pursuant to section 3112(d)(2)(B) of the USEC
Privatization Act (110 Stat. 1321-335), as amended, that the
sale or transfer of uranium will not have an adverse material
impact on the domestic uranium mining, conversion, or
enrichment industry shall be valid for not more than 2 calendar
years subsequent to such determination.
(b) Not less than 30 days prior to the transfer, sale,
barter, distribution, or other provision of uranium in any form
for the purpose of accelerating cleanup at a Federal site, the
Secretary shall notify the House and Senate Committees on
Appropriations of the following:
(1) the amount of uranium to be transferred, sold,
bartered, distributed, or otherwise provided;
(2) an estimate by the Secretary of the gross
market value of the uranium on the expected date of the
transfer, sale, barter, distribution, or other
provision of the uranium;
(3) the expected date of transfer, sale, barter,
distribution, or other provision of the uranium;
(4) the recipient of the uranium; and
(5) the value of the services the Secretary expects
to receive in exchange for the uranium, including any
reductions to the gross value of the uranium by the
recipient.
(c) Not later than June 30, 2012, the Secretary shall
submit to the House and Senate Committees on Appropriations a
revised excess uranium inventory management plan for fiscal
years 2013 through 2018.
(d) Not later than December 31, 2011 the Secretary shall
submit to the House and Senate Committees on Appropriations a
report evaluating the economic feasibility of re-enriching
depleted uranium located at Federal sites.
Sec. 313. None of the funds made available by this Act may
be used to pay the salaries of Department of Energy employees
to carry out section 407 of division A of the American Recovery
and Reinvestment Act of 2009.
Sec. 314. (a) The Secretary of Energy may openly compete
and issue an award to allow a third party, on a fee-for-service
basis, to operate and maintain a metering station of the
Strategic Petroleum Reserve that is underutilized (as defined
in section 102-75.50 of title 41, Code of Federal Regulations
(or successor regulations)) and related equipment.
(b) Not later than 30 days before the issuance of such
award, the Secretary of Energy shall certify to the Committees
on Appropriations of the House of Representatives and the
Senate that the award will not reduce the reliability or
accessibility of the Strategic Petroleum Reserve, raise costs
of oil in the local market, or negatively impact the supply of
oil to current users.
(c) Funds collected under subsection (a) shall be deposited
in the general fund of the Treasury.
Sec. 315. None of the funds made available in this Act may
be used--
(1) to implement or enforce section 430.32(x) of
title 10, Code of Federal Regulations; or
(2) to implement or enforce the standards
established by the tables contained in section
325(i)(1)(B) of the Energy Policy and Conservation Act
(42 U.S.C. 6295(i)(1)(B)) with respect to BPAR
incandescent reflector lamps, BR incandescent reflector
lamps, and ER incandescent reflector lamps.
Sec. 316. Recipients of grants awarded by the Department
in excess of $1,000,000 shall certify that they will, by the
end of the fiscal year, upgrade the efficiency of their
facilities by replacing any lighting that does not meet or
exceed the energy efficiency standard for incandescent light
bulbs set forth in section 325 of the Energy Policy and
Conservation Act (42 U.S.C. 6295).
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as
amended, for necessary expenses for the Federal Co-Chairman and
the Alternate on the Appalachian Regional Commission, for
payment of the Federal share of the administrative expenses of
the Commission, including services as authorized by 5 U.S.C.
3109, and hire of passenger motor vehicles, $68,263,000, to
remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For necessary expenses of the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $29,130,000, to remain available until September
30, 2013: Provided, That within 90 days of enactment of this
Act, the Defense Nuclear Facilities Safety Board shall enter
into an agreement for inspector general services with the
Office of Inspector General for the Nuclear Regulatory
Commission for fiscal years 2012 and 2013: Provided further,
That at the expiration of such agreement, the Defense Nuclear
Facilities Safety Board shall procure inspector general
services annually thereafter.
Delta Regional Authority
salaries and expenses
For necessary expenses of the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, as amended, notwithstanding
sections 382C(b)(2), 382F(d), 382M, and 382N of said Act,
$11,677,000, to remain available until expended.
Denali Commission
For expenses of the Denali Commission including the
purchase, construction, and acquisition of plant and capital
equipment as necessary and other expenses, $10,679,000, to
remain available until expended, notwithstanding the
limitations contained in section 306(g) of the Denali
Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to exceed
80 percent of total project cost for distressed communities, as
defined by section 307 of the Denali Commission Act of 1998
(division C, title III, Public Law 105-277), as amended by
section 701 of appendix D, title VII, Public Law 106-113 (113
Stat. 1501A-280), and an amount not to exceed 50 percent for
non-distressed communities.
Northern Border Regional Commission
For necessary expenses of the Northern Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $1,497,000, to remain
available until expended: Provided, That such amounts shall be
available for administrative expenses, notwithstanding section
15751(b) of title 40, United States Code.
Southeast Crescent Regional Commission
For necessary expenses of the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $250,000, to remain available
until expended.
Nuclear Regulatory Commission
salaries and expenses
For necessary expenses of the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974, as
amended, and the Atomic Energy Act of 1954, as amended,
including official representation expenses (not to exceed
$25,000), $1,027,240,000, to remain available until expended:
Provided, That of the amount appropriated herein, not more than
$9,000,000 may be made available for salaries and other support
costs for the Office of the Commission: Provided further, That
revenues from licensing fees, inspection services, and other
services and collections estimated at $899,726,000 in fiscal
year 2012 shall be retained and used for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302, and
shall remain available until expended: Provided further, That
the sum herein appropriated shall be reduced by the amount of
revenues received during fiscal year 2012 so as to result in a
final fiscal year 2012 appropriation estimated at not more than
$127,514,000: Provided further, That of the amounts
appropriated under this heading, $10,000,000 shall be for
university research and development in areas relevant to their
respective organization's mission, and $5,000,000 shall be for
a Nuclear Science and Engineering Grant Program that will
support multiyear projects that do not align with programmatic
missions but are critical to maintaining the discipline of
nuclear science and engineering.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $10,860,000, to remain available until September 30,
2013: Provided, That revenues from licensing fees, inspection
services, and other services and collections estimated at
$9,774,000 in fiscal year 2012 shall be retained and be
available until expended, for necessary salaries and expenses
in this account, notwithstanding section 3302 of title 31,
United States Code: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues
received during fiscal year 2012 so as to result in a final
fiscal year 2012 appropriation estimated at not more than
$1,086,000.
Nuclear Waste Technical Review Board
salaries and expenses
For necessary expenses of the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,400,000 to be derived from the Nuclear Waste Fund, and
to remain available until expended.
Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects
For necessary expenses for the Office of the Federal
Coordinator for Alaska Natural Gas Transportation Projects
pursuant to the Alaska Natural Gas Pipeline Act of 2004,
$1,000,000.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. (a) None of the funds provided in this title for
``Nuclear Regulatory Commission--Salaries and Expenses'' shall
be available for obligation or expenditure through a
reprogramming of funds that--
(1) increases funds or personnel for any program,
project, or activity for which funds are denied or
restricted by this Act; or
(2) reduces funds that are directed to be used for
a specific program, project, or activity by this Act.
(b) The Chairman of the Nuclear Regulatory Commission may
not terminate any program, project, or activity without the
approval of a majority vote of the Commissioners of the Nuclear
Regulatory Commission approving such action.
(c) The Nuclear Regulatory Commission may waive the
restriction on reprogramming under subsection (a) on a case-by-
case basis by certifying to the Committees on Appropriations of
the House of Representatives and the Senate that such action is
required to address national security or imminent risks to
public safety. Each such waiver certification shall include a
letter from the Chairman of the Commission that a majority of
Commissioners of the Nuclear Regulatory Commission have voted
and approved the reprogramming waiver certification.
Sec. 402. The Nuclear Regulatory Commission shall require
reactor licensees to re-evaluate the seismic, tsunami,
flooding, and other external hazards at their sites against
current applicable Commission requirements and guidance for
such licenses as expeditiously as possible, and thereafter when
appropriate, as determined by the Commission, and require each
licensee to respond to the Commission that the design basis for
each reactor meets the requirements of its license, current
applicable Commission requirements and guidance for such
license. Based upon the evaluations conducted pursuant to this
section and other information it deems relevant, the Commission
shall require licensees to update the design basis for each
reactor, if necessary.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in this Act or any
other appropriation Act.
Sec. 503. None of the funds made available under this Act
may be expended for any new hire by any Federal agency funded
in this Act that is not verified through the E-Verify Program
as described in section 403(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note).
Sec. 504. None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to any corporation that was convicted
(or had an officer or agent of such corporation acting on
behalf of the corporation convicted) of a felony criminal
violation under any Federal law within the preceding 24 months,
where the awarding agency is aware of the conviction, unless
the agency has considered suspension or debarment of the
corporation, or such officer or agent, and made a determination
that this further action is not necessary to protect the
interests of the Government.
Sec. 505. None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to, any corporation that has any unpaid
Federal tax liability that has been assessed, for which all
judicial and administrative remedies have been exhausted or
have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is
aware of the unpaid tax liability, unless the agency has
considered suspension or debarment of the corporation and made
a determination that this further action is not necessary to
protect the interests of the Government.
Sec. 506. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of
February 11, 1994 (``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations'').
This division may be cited as the ``Energy and Water
Development and Related Agencies Appropriations Act, 2012''.
DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2012
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Annex; hire of passenger motor vehicles; maintenance,
repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned
overseas, when necessary for the performance of official
business; terrorism and financial intelligence activities;
executive direction program activities; international affairs
and economic policy activities; domestic finance and tax policy
activities; and Treasury-wide management policies and programs
activities, $308,388,000: Provided, That of the amount
appropriated under this heading, $100,000,000 is for the Office
of Terrorism and Financial Intelligence, of which not to exceed
$26,608,000 is available for administrative expenses: Provided
further, That of the amount appropriated under this heading,
not to exceed $3,000,000, to remain available until September
30, 2013, is for information technology modernization
requirements; not to exceed $350,000 is for official reception
and representation expenses; and not to exceed $258,000 is for
unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Secretary of
the Treasury and to be accounted for solely on his certificate:
Provided further, That of the amount appropriated under this
heading, $6,787,000, to remain available until September 30,
2013, is for the Treasury-wide Financial Statement Audit and
Internal Control Program: Provided further, That of the amount
appropriated under this heading, $500,000, to remain available
until September 30, 2013, is for secure space requirements:
Provided further, That of the amount appropriated under this
heading, up to $3,400,000, to remain available until September
30, 2014, is to develop and implement programs within the
Office of Critical Infrastructure Protection and Compliance
Policy, including entering into cooperative agreements:
Provided further, That notwithstanding any other provision of
law, of the amount appropriated under this heading, up to
$1,000,000 may be contributed to the Organization for Economic
Cooperation and Development for the Department's participation
in programs related to global tax administration.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $29,641,000, including hire of passenger motor vehicles;
of which not to exceed $100,000 shall be available for
unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector
General of the Treasury; and of which not to exceed $2,500
shall be available for official reception and representation
expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, including purchase (not to exceed 150 for
replacement only for police-type use) and hire of passenger
motor vehicles (31 U.S.C. 1343(b)); services authorized by 5
U.S.C. 3109, at such rates as may be determined by the
Inspector General for Tax Administration; $151,696,000, of
which not to exceed $500,000 shall be available for unforeseen
emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General for Tax
Administration; and of which not to exceed $1,500 shall be
available for official reception and representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special
Inspector General in carrying out the provisions of the
Emergency Economic Stabilization Act of 2008 (Public Law 110-
343), $41,800,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel and
training expenses, including for course development, of non-
Federal and foreign government personnel to attend meetings and
training concerned with domestic and foreign financial
intelligence activities, law enforcement, and financial
regulation; not to exceed $14,000 for official reception and
representation expenses; and for assistance to Federal law
enforcement agencies, with or without reimbursement,
$110,788,000, of which not to exceed $34,335,000 shall remain
available until September 30, 2014: Provided, That funds
appropriated in this account may be used to procure personal
services contracts.
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading,
$950,000,000 are rescinded.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$217,805,000, of which not to exceed $4,210,000 shall remain
available until September 30, 2014, for information systems
modernization initiatives; and of which not to exceed $2,500
shall be available for official reception and representation
expenses.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $99,878,000; of which not to exceed $6,000 for
official reception and representation expenses; not to exceed
$50,000 for cooperative research and development programs for
laboratory services; and provision of laboratory assistance to
State and local agencies with or without reimbursement:
Provided, That of the amount appropriated under this heading,
$2,000,000 shall be for the costs of special law enforcement
agents to target tobacco smuggling and other criminal diversion
activities.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments. The aggregate amount of new liabilities
and obligations incurred during fiscal year 2012 under such
section 5136 for circulating coinage and protective service
capital investments of the United States Mint shall not exceed
$20,000,000.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt
issues of the United States, $173,635,000, of which not to
exceed $2,500 shall be available for official reception and
representation expenses, and of which not to exceed $10,000,000
shall remain available until September 30, 2014 to reduce
improper payments: Provided, That the sum appropriated herein
from the general fund for fiscal year 2012 shall be reduced by
not more than $8,000,000 as definitive security issue fees and
Legacy Treasury Direct Investor Account Maintenance fees are
collected, so as to result in a final fiscal year 2012
appropriation from the general fund estimated at $165,635,000.
In addition, $165,000 to be derived from the Oil Spill
Liability Trust Fund to reimburse the Bureau for administrative
and personnel expenses for financial management of the Fund, as
authorized by section 1012 of Public Law 101-380.
Community Development Financial Institutions Fund Program Account
To carry out the Community Development Banking and
Financial Institutions Act of 1994 (Public Law 103-325),
including services authorized by 5 U.S.C. 3109, but at rates
for individuals not to exceed the per diem rate equivalent to
the rate for ES-3, notwithstanding section 4707(e) of title 12,
United States Code with regard to Small and/or Emerging
Community Development Financial Institutions Assistance awards,
$221,000,000, to remain available until September 30, 2013; of
which $12,000,000, notwithstanding section 4707(e) of title 12,
United States Code, shall be for financial assistance,
technical assistance, training and outreach programs, designed
to benefit Native American, Native Hawaiian, and Alaskan Native
communities and provided primarily through qualified community
development lender organizations with experience and expertise
in community development banking and lending in Indian country,
Native American organizations, tribes and tribal organizations
and other suitable providers; of which, notwithstanding section
108(d) of such Act, up to $22,000,000 shall be for a Healthy
Food Financing Initiative to provide grants and loans to
community development financial institutions for the purpose of
offering affordable financing and technical assistance to
expand the availability of healthy food options in distressed
communities; of which $18,000,000 shall be for the Bank
Enterprise Awards program; and of which up to $22,965,000 may
be used for administrative expenses, including administration
of the New Markets Tax Credit; of which up to $10,315,000 may
be used for the cost of direct loans; and of which up to
$250,000 may be used for administrative expenses to carry out
the direct loan program: Provided, That the cost of direct
loans, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans not
to exceed $25,000,000: Provided further, That of the funds
awarded under this heading, not less than 10 percent shall be
used for projects that serve populations living in persistent
poverty counties (where such term is defined as any county that
has had 20 percent or more of its population living in poverty
over the past 30 years, as measured by the 1990, 2000, and 2010
decennial censuses).
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance and
education, filing and account services, taxpayer advocacy
services, and other services as authorized by 5 U.S.C. 3109, at
such rates as may be determined by the Commissioner,
$2,239,703,000, of which not less than $5,600,000 shall be for
the Tax Counseling for the Elderly Program, of which not less
than $9,750,000 shall be available for low-income taxpayer
clinic grants, of which not less than $12,000,000, to remain
available until September 30, 2013, shall be available for a
Community Volunteer Income Tax Assistance matching grants
program for tax return preparation assistance, of which not
less than $205,000,000 shall be available for operating
expenses of the Taxpayer Advocate Service, and of which
$15,481,000 shall be for expenses necessary to implement the
tax credit in title II of division A of the Trade Act of 2002
(Public Law 107-210).
enforcement
For necessary expenses for tax enforcement activities of
the Internal Revenue Service to determine and collect owed
taxes, to provide legal and litigation support, to conduct
criminal investigations, to enforce criminal statutes related
to violations of internal revenue laws and other financial
crimes, to purchase (for police-type use, not to exceed 850)
and hire passenger motor vehicles (31 U.S.C. 1343(b)), and to
provide other services as authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Commissioner, $5,299,367,000,
of which not less than $60,257,000 shall be for the Interagency
Crime and Drug Enforcement program.
operations support
For necessary expenses of the Internal Revenue Service to
support taxpayer services and enforcement programs, including
rent payments; facilities services; printing; postage; physical
security; headquarters and other IRS-wide administration
activities; research and statistics of income;
telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and other
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner; $3,947,416,000, of which up
to $250,000,000 shall remain available until September 30,
2013, for information technology support; of which up to
$65,000,000 shall remain available until expended for
acquisition of real property, equipment, construction and
renovation of facilities; of which not to exceed $1,000,000
shall remain available until September 30, 2014, for research;
of which not less than $2,000,000 shall be for the Internal
Revenue Service Oversight Board; of which not to exceed $25,000
shall be for official reception and representation expenses:
Provided, That not later than 14 days after the end of each
quarter of each fiscal year, the Internal Revenue Service shall
submit a report to the House and Senate Committees on
Appropriations and the Comptroller General of the United States
detailing the cost and schedule performance for its major
information technology investments, including the purpose and
life-cycle stages of the investments; the reasons for any cost
and schedule variances; the risks of such investments and
strategies the Internal Revenue Service is using to mitigate
such risks; and the expected developmental milestones to be
achieved and costs to be incurred in the next quarter:
Provided further, That the Internal Revenue Service shall
include, in its budget justification for fiscal year 2013, a
summary of cost and schedule performance information for its
major information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's
business systems modernization program, $330,210,000, to remain
available until September 30, 2014, for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said acquisitions,
including related Internal Revenue Service labor costs, and
contractual costs associated with operations authorized by 5
U.S.C. 3109: Provided, That not later than 14 days after the
end of each quarter of each fiscal year, the Internal Revenue
Service shall submit a report to the House and Senate
Committees on Appropriations and the Comptroller General of the
United States detailing the cost and schedule performance for
CADE2 and Modernized e-File information technology investments,
including the purposes and life-cycle stages of the
investments; the reasons for any cost and schedule variances;
the risks of such investments and the strategies the Internal
Revenue Service is using to mitigate such risks; and the
expected developmental milestones to be achieved and costs to
be incurred in the next quarter.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of any appropriation
made available in this Act to the Internal Revenue Service or
not to exceed 3 percent of appropriations under the heading
``Enforcement'' may be transferred to any other Internal
Revenue Service appropriation upon the advance approval of the
Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain a
training program to ensure that Internal Revenue Service
employees are trained in taxpayers' rights, in dealing
courteously with taxpayers, and in cross-cultural relations.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information and protect taxpayers
against identity theft.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased staffing to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make the improvement of the
Internal Revenue Service 1-800 help line service a priority and
allocate resources necessary to increase phone lines and staff
to improve the Internal Revenue Service 1-800 help line
service.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 105. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries; purchase
of motor vehicles without regard to the general purchase price
limitations for vehicles purchased and used overseas for the
current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical
services to employees and their dependents serving in foreign
countries; and services authorized by 5 U.S.C. 3109.
Sec. 106. Not to exceed 2 percent of any appropriations in
this Act made available to the Departmental Offices--Salaries
and Expenses, Office of Inspector General, Special Inspector
General for the Troubled Asset Relief Program, Financial
Management Service, Alcohol and Tobacco Tax and Trade Bureau,
Financial Crimes Enforcement Network, and Bureau of the Public
Debt, may be transferred between such appropriations upon the
advance approval of the Committees on Appropriations:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 107. Not to exceed 2 percent of any appropriation
made available in this Act to the Internal Revenue Service may
be transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of the
Committees on Appropriations: Provided, That no transfer may
increase or decrease any such appropriation by more than 2
percent.
Sec. 108. Of the funds available for the purchase of law
enforcement vehicles, no funds may be obligated until the
Secretary of the Treasury certifies that the purchase by the
respective Treasury bureau is consistent with departmental
vehicle management principles: Provided, That the Secretary
may delegate this authority to the Assistant Secretary for
Management.
Sec. 109. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the $1
Federal Reserve note.
Sec. 110. The Secretary of the Treasury may transfer funds
from Financial Management Service, Salaries and Expenses to the
Debt Collection Fund as necessary to cover the costs of debt
collection: Provided, That such amounts shall be reimbursed to
such salaries and expenses account from debt collections
received in the Debt Collection Fund.
Sec. 111. Section 122(g)(1) of Public Law 105-119 (5
U.S.C. 3104 note), is further amended by striking ``12 years''
and inserting ``14 years''.
Sec. 112. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate, the House Committee on
Financial Services, and the Senate Committee on Banking,
Housing and Urban Affairs.
Sec. 113. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department
of the Treasury, the Bureau of Engraving and Printing, and the
United States Mint, individually or collectively, may be used
to consolidate any or all functions of the Bureau of Engraving
and Printing and the United States Mint without the explicit
approval of the House Committee on Financial Services; the
Senate Committee on Banking, Housing, and Urban Affairs; and
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 114. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for the
Department of the Treasury's intelligence or intelligence
related activities are deemed to be specifically authorized by
the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year 2012
until the enactment of the Intelligence Authorization Act for
Fiscal Year 2012.
Sec. 115. Not to exceed $5,000 shall be made available
from the Bureau of Engraving and Printing's Industrial
Revolving Fund for necessary official reception and
representation expenses.
Sec. 116. Section 5114(c) of title 31, United States Code
(relating to engraving and printing currency and security
documents), is amended by striking ``for a period of not more
than 4 years''.
Sec. 117. In the current fiscal year and each fiscal year
hereafter, any person who forwards to the Bureau of Engraving
and Printing a mutilated paper currency claim equal to or
exceeding $10,000 for redemption will be required to provide
the Bureau their taxpayer identification number.
Sec. 118. Section 5318(g)(2)(A) of title 31, United States
Code, is amended--
(1) by striking clause (i) and inserting the
following:
``(i) neither the financial
institution, director, officer,
employee, or agent of such institution
(whether or not any such person is
still employed by the institution), nor
any other current or former director,
officer, or employee of, or contractor
for, the financial institution or other
reporting person, may notify any person
involved in the transaction that the
transaction has been reported; and'';
and
(2) in clause (ii)--
(A) by striking ``no officer or employee
of'' and inserting ``no current or former
officer or employee of or contractor for''; and
(B) by inserting ``or for'' before ``any
State''.
Sec. 119. Section 5319 of title 31, United States Code
(relating to availability of reports), is amended by inserting
after ``title 5'' the following: ``, and may not be disclosed
under any State, local, tribal, or territorial `freedom of
information', `open government', or similar law''.
Sec. 120. Section 5331(a) of title 31, United States Code,
is amended--
(1) by striking paragraph (1) and inserting the
following:
``(1)(A) who is engaged in a trade or business,
and'';
(2) by redesignating paragraph (2) as subparagraph
(B);
(3) in subparagraph (B), as so redesignated, by
adding ``or'' at the end; and
(4) by inserting after subparagraph (B), as so
redesignated, the following new paragraph:
``(2) who is required to file a report under
section 6050I(g) of the Internal Revenue Code of
1986,''.
Sec. 121. The Secretary of the Treasury shall submit a
Capital Investment Plan to the Committees on Appropriations of
the Senate and the House of Representatives not later than 30
days following the submission of the annual budget for the
Administration submitted by the President: Provided, That such
Capital Investment Plan shall include capital investment
spending from all accounts within the Department of the
Treasury, including but not limited to the Department-wide
Systems and Capital Investment Programs account, the Working
Capital Fund account, and the Treasury Forfeiture Fund account:
Provided further, That such Capital Investment Plan shall
include expenditures occurring in previous fiscal years for
each capital investment project that has not been fully
completed.
This title may be cited as the ``Department of the
Treasury Appropriations Act, 2012''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President
For compensation of the President, including an expense
allowance at the rate of $50,000 per annum as authorized by 3
U.S.C. 102, $450,000: Provided, That none of the funds made
available for official expenses shall be expended for any other
purpose and any unused amount shall revert to the Treasury
pursuant to 31 U.S.C. 1552.
The White House
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be expended
and accounted for as provided in that section; hire of
passenger motor vehicles, newspapers, periodicals, and travel
(not to exceed $100,000 to be expended and accounted for as
provided by 3 U.S.C. 103); and not to exceed $19,000 for
official entertainment expenses, to be available for allocation
within the Executive Office of the President; and for necessary
expenses of the Office of Policy Development, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
$56,974,000.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration,
refurnishing, improvement, heating, and lighting, including
electric power and fixtures, of the Executive Residence at the
White House and official entertainment expenses of the
President, $13,425,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided, That
all reimbursable operating expenses of the Executive Residence
shall be made in accordance with the provisions of this
paragraph: Provided further, That, notwithstanding any other
provision of law, such amount for reimbursable operating
expenses shall be the exclusive authority of the Executive
Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the
Executive Residence shall require each person sponsoring a
reimbursable political event to pay in advance an amount equal
to the estimated cost of the event, and all such advance
payments shall be credited to this account and remain available
until expended: Provided further, That the Executive Residence
shall require the national committee of the political party of
the President to maintain on deposit $25,000, to be separately
accounted for and available for expenses relating to
reimbursable political events sponsored by such committee
during such fiscal year: Provided further, That the Executive
Residence shall ensure that a written notice of any amount owed
for a reimbursable operating expense under this paragraph is
submitted to the person owing such amount within 60 days after
such expense is incurred, and that such amount is collected
within 30 days after the submission of such notice: Provided
further, That the Executive Residence shall charge interest and
assess penalties and other charges on any such amount that is
not reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under 31 U.S.C. 3717:
Provided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in
the Treasury as miscellaneous receipts: Provided further, That
the Executive Residence shall prepare and submit to the
Committees on Appropriations, by not later than 90 days after
the end of the fiscal year covered by this Act, a report
setting forth the reimbursable operating expenses of the
Executive Residence during the preceding fiscal year, including
the total amount of such expenses, the amount of such total
that consists of reimbursable official and ceremonial events,
the amount of such total that consists of reimbursable
political events, and the portion of each such amount that has
been reimbursed as of the date of the report: Provided
further, That the Executive Residence shall maintain a system
for the tracking of expenses related to reimbursable events
within the Executive Residence that includes a standard for the
classification of any such expense as political or
nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence
from any other applicable requirement of subchapter I or II of
chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the
Executive Residence at the White House, $750,000, to remain
available until expended, for required maintenance, resolution
of safety and health issues, and continued preventative
maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of 1946
(15 U.S.C. 1021 et seq.), $4,192,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as authorized
by 5 U.S.C. 3109, $13,048,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, and hire of passenger motor vehicles, $112,952,000, of
which $10,403,000 shall remain available until expended for
continued modernization of the information technology
infrastructure within the Executive Office of the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and services
as authorized by 5 U.S.C. 3109 and to carry out the provisions
of chapter 35 of title 44, United States Code, $89,456,000, of
which not to exceed $3,000 shall be available for official
representation expenses: Provided, That none of the funds
appropriated in this Act for the Office of Management and
Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations
under the provisions of the Agricultural Marketing Agreement
Act of 1937 (7 U.S.C. 601 et seq.): Provided further, That
none of the funds made available for the Office of Management
and Budget by this Act may be expended for the altering of the
transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and Budget,
before the Committees on Appropriations or their subcommittees:
Provided further, That none of the funds provided in this or
prior Acts shall be used, directly or indirectly, by the Office
of Management and Budget, for evaluating or determining if
water resource project or study reports submitted by the Chief
of Engineers acting through the Secretary of the Army are in
compliance with all applicable laws, regulations, and
requirements relevant to the Civil Works water resource
planning process: Provided further, That the Office of
Management and Budget shall have not more than 60 days in which
to perform budgetary policy reviews of water resource matters
on which the Chief of Engineers has reported: Provided
further, That the Director of the Office of Management and
Budget shall notify the appropriate authorizing and
appropriating committees when the 60-day review is initiated:
Provided further, That if water resource reports have not been
transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of
Management and Budget review period based on the notification
from the Director, Congress shall assume Office of Management
and Budget concurrence with the report and act accordingly.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the Office
of National Drug Control Policy Reauthorization Act of 2006
(Public Law 109-469); not to exceed $10,000 for official
reception and representation expenses; and for participation in
joint projects or in the provision of services on matters of
mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$24,500,000: Provided, That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and
personal, public and private, without fiscal year limitation,
for the purpose of aiding or facilitating the work of the
Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas Program,
$238,522,000, to remain available until September 30, 2013, for
drug control activities consistent with the approved strategy
for each of the designated High Intensity Drug Trafficking
Areas (``HIDTAs''), of which not less than 51 percent shall be
transferred to State and local entities for drug control
activities and shall be obligated not later than 120 days after
enactment of this Act: Provided, That up to 49 percent may be
transferred to Federal agencies and departments in amounts
determined by the Director of the Office of National Drug
Control Policy, of which up to $2,700,000 may be used for
auditing services and associated activities (including up to
$500,000 to ensure the continued operation and maintenance of
the Performance Management System): Provided further, That,
notwithstanding the requirements of Public Law 106-58, any
unexpended funds obligated prior to fiscal year 2010 may be
used for any other approved activities of that HIDTA, subject
to reprogramming requirements: Provided further, That each
HIDTA designated as of September 30, 2011, shall be funded at
not less than the fiscal year 2011 base level, unless the
Director submits to the Committees on Appropriations of the
House of Representatives and the Senate justification for
changes to those levels based on clearly articulated priorities
and published Office of National Drug Control Policy
performance measures of effectiveness: Provided further, That
the Director shall notify the Committees on Appropriations of
the initial allocation of fiscal year 2012 funding among HIDTAs
not later than 45 days after enactment of this Act, and shall
notify the Committees of planned uses of discretionary HIDTA
funding, as determined in consultation with the HIDTA
Directors, not later than 90 days after enactment of this Act.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office
of National Drug Control Policy Reauthorization Act of 2006
(Public Law 109-469), $105,550,000, to remain available until
expended, which shall be available as follows: $92,000,000 for
the Drug-Free Communities Program, of which $2,000,000 shall be
made available as directed by section 4 of Public Law 107-82,
as amended by Public Law 109-469 (21 U.S.C. 1521 note);
$1,400,000 for drug court training and technical assistance;
$9,000,000 for anti-doping activities; $1,900,000 for the
United States membership dues to the World Anti-Doping Agency;
and $1,250,000 shall be made available as directed by section
1105 of Public Law 109-469.
Integrated, Efficient and Effective Uses of Information Technology
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient and effective uses of information technology in the
Federal Government, $5,000,000, to remain available until
expended: Provided, That the Director of the Office of
Management and Budget may transfer these funds to one or more
other agencies to carry out projects to meet these purposes:
Provided further, That the Director of the Office of Management
and Budget shall submit quarterly reports to the Committees on
Appropriations of the House and the Senate identifying the
savings achieved by the Office of Management and Budget's
government-wide information technology reform efforts:
Provided further, That such report shall include savings
identified by fiscal year, agency and appropriation.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$988,000, to remain available until September 30, 2013.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses as
authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,328,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 for official entertainment
expenses of the Vice President, to be accounted for solely on
his certificate, $307,000: Provided, That advances or
repayments or transfers from this appropriation may be made to
any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfers of funds and rescissions)
Sec. 201. From funds made available in this Act under the
headings ``The White House'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of Administration'',
``Special Assistance to the President'', and ``Official
Residence of the Vice President'', the Director of the Office
of Management and Budget (or such other officer as the
President may designate in writing), may, 15 days after giving
notice to the Committees on Appropriations of the House of
Representatives and the Senate, transfer not to exceed 10
percent of any such appropriation to any other such
appropriation, to be merged with and available for the same
time and for the same purposes as the appropriation to which
transferred: Provided, That the amount of an appropriation
shall not be increased by more than 50 percent by such
transfers: Provided further, That no amount shall be
transferred from ``Special Assistance to the President'' or
``Official Residence of the Vice President'' without the
approval of the Vice President.
Sec. 202. The Director of the Office of Management and
Budget shall submit to the Committees on Appropriations of the
House and the Senate a report on the implementation of
Executive Order 13563 (76 Fed. Reg. 3821; relating to Improving
Regulation and Regulatory Review) by April 2, 2012. The report
shall include information on--
(a) increasing public participation in the rulemaking
process and reducing uncertainty;
(b) improving coordination across Federal agencies to
eliminate redundant, inconsistent, and overlapping regulations;
and
(c) identifying existing regulations that have been
reviewed and determined to be outmoded, ineffective, or
excessively burdensome.
Sec. 203. Within 120 days after the date of enactment of
this section, the Director of the Office of Management and
Budget shall submit a report to the Committees on
Appropriations of the House and the Senate on the costs of
implementing the Dodd-Frank Wall Street Reform and Consumer
Protection Act (Public Law 111-203). Such report shall
include--
(1) the estimated mandatory and discretionary
obligations of funds through fiscal year 2014, by
Federal agency and by fiscal year, including--
(A) the estimated obligations by cost
inputs such as rent, information technology,
contracts, and personnel;
(B) the methodology and data sources used
to calculate such estimated obligations; and
(C) the specific section of such Act that
requires the obligation of funds; and
(2) the estimated receipts through fiscal year 2014
from assessments, user fees, and other fees by the
Federal agency making the collections, by fiscal year,
including--
(A) the methodology and data sources used
to calculate such estimated collections; and
(B) the specific section of such Act that
authorizes the collection of funds.
Sec. 204. The Director of the Office of National Drug
Control Policy shall submit to the Committees on Appropriations
of the House of Representatives and the Senate not later than
60 days after the date of enactment of this Act, and prior to
the initial obligation of more than 20 percent of the funds
appropriated in any account under the heading ``Office of
National Drug Control Policy'', a detailed narrative and
financial plan on the proposed uses of all funds under the
account by program, project, and activity: Provided, That the
reports required by this section shall be updated and submitted
to the Committees on Appropriations every 6 months and shall
include information detailing how the estimates and assumptions
contained in previous reports have changed: Provided further,
That any new projects and changes in funding of ongoing
projects shall be subject to the prior approval of the
Committees on Appropriations.
Sec. 205. Not to exceed 2 percent of any appropriations in
this Act made available to the Office of National Drug Control
Policy may be transferred between appropriated programs upon
the advance approval of the Committees on Appropriations:
Provided, That no transfer may increase or decrease any such
appropriation by more than 3 percent.
Sec. 206. Not to exceed $1,000,000 of any appropriations
in this Act made available to the Office of National Drug
Control Policy may be reprogrammed within a program, project,
or activity upon the advance approval of the Committees on
Appropriations.
Sec. 207. From the unobligated balances of prior year
appropriations made available for the Counterdrug Technology
Assessment Center, $5,244,639 are rescinded.
Sec. 208. From the unobligated balances of prior year
appropriations made available for Other Federal Drug Control
Programs, $359,958 for a chronic users study and $5,723,403 for
the National Anti-Drug Youth Media Campaign are rescinded.
Sec. 209. Of the unobligated balances available under the
heading ``Executive Office of the President and Funds
Appropriated to the President--Partnership Fund for Program
Integrity Innovation'' in title II of division C of the
Consolidated Appropriations Act, 2010 (Public Law 111-117),
$10,000,000 are rescinded. In addition to the amounts made
available under such heading in this Act, $10,000,000 are
appropriated, to remain available until September 30, 2013.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2012''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance, and
operation of an automobile for the Chief Justice, not to exceed
$10,000 for the purpose of transporting Associate Justices, and
hire of passenger motor vehicles as authorized by 31 U.S.C.
1343 and 1344; not to exceed $10,000 for official reception and
representation expenses; and for miscellaneous expenses, to be
expended as the Chief Justice may approve, $74,819,000, of
which $2,000,000 shall remain available until expended.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $8,159,000, to remain
available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $32,511,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services, and
necessary expenses of the court, as authorized by law,
$21,447,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retired from office or from regular active
service, judges of the United States Court of Federal Claims,
bankruptcy judges, magistrate judges, and all other officers
and employees of the Federal Judiciary not otherwise
specifically provided for, necessary expenses of the courts,
and the purchase, rental, repair, and cleaning of uniforms for
Probation and Pretrial Services Office staff, as authorized by
law, $5,015,000,000 (including the purchase of firearms and
ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $5,000,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under 18 U.S.C. 3006A and 3599,
and for the compensation and reimbursement of expenses of
persons furnishing investigative, expert, and other services
for such representations as authorized by law; the compensation
(in accordance with the maximums under 18 U.S.C. 3006A) and
reimbursement of expenses of attorneys appointed to assist the
court in criminal cases where the defendant has waived
representation by counsel; the compensation and reimbursement
of expenses of attorneys appointed to represent jurors in civil
actions for the protection of their employment, as authorized
by 28 U.S.C. 1875(d)(1); the compensation and reimbursement of
expenses of attorneys appointed under 18 U.S.C. 983(b)(1) in
connection with certain judicial civil forfeiture proceedings;
the compensation and reimbursement of travel expenses of
guardians ad litem appointed under 18 U.S.C. 4100(b); and for
necessary training and general administrative expenses,
$1,031,000,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71.1(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)),
$51,908,000, to remain available until expended: Provided,
That the compensation of land commissioners shall not exceed
the daily equivalent of the highest rate payable under 5 U.S.C.
5332.
court security
(including transfers of funds)
For necessary expenses, not otherwise provided for,
incident to the provision of protective guard services for
United States courthouses and other facilities housing Federal
court operations, and the procurement, installation, and
maintenance of security systems and equipment for United States
courthouses and other facilities housing Federal court
operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols,
perimeter security, basic security services provided by the
Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $500,000,000, of
which not to exceed $15,000,000 shall remain available until
expended, to be expended directly or transferred to the United
States Marshals Service, which shall be responsible for
administering the Judicial Facility Security Program consistent
with standards or guidelines agreed to by the Director of the
Administrative Office of the United States Courts and the
Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $82,909,000, of which not
to exceed $8,500 is authorized for official reception and
representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $27,000,000; of which
$1,800,000 shall remain available through September 30, 2013,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $86,968,000; to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$12,600,000; and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$4,200,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$16,500,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary in
this Act may be transferred between such appropriations, but no
such appropriation, except ``Courts of Appeals, District
Courts, and Other Judicial Services, Defender Services'' and
``Courts of Appeals, District Courts, and Other Judicial
Services, Fees of Jurors and Commissioners'', shall be
increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under sections 604 and 608
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in section 608.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses of
the Judicial Conference of the United States: Provided, That
such available funds shall not exceed $11,000 and shall be
administered by the Director of the Administrative Office of
the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Section 3314(a) of title 40, United States Code,
shall be applied by substituting ``Federal'' for ``executive''
each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of the
Administrative Office of the United States Courts, for purposes
of a pilot program, the security services that 40 U.S.C. 1315
authorizes the Department of Homeland Security to provide,
except for the services specified in 40 U.S.C. 1315(b)(2)(E).
For building-specific security services at these courthouses,
the Director of the Administrative Office of the United States
Courts shall reimburse the United States Marshals Service
rather than the Department of Homeland Security.
Sec. 306. Section 203(c) of the Judicial Improvements Act
of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended--
(1) in the third sentence (relating to the District
of Kansas), by striking ``20 years'' and inserting ``21
years''; and
(2) in the seventh sentence (related to the
District of Hawaii), by striking ``17 years'' and
inserting ``18 years''.
This title may be cited as the ``Judiciary Appropriations
Act, 2012''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program to
be administered by the Mayor, for District of Columbia resident
tuition support, $30,000,000, to remain available until
expended: Provided, That such funds, including any interest
accrued thereon, may be used on behalf of eligible District of
Columbia residents to pay an amount based upon the difference
between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each
year at eligible private institutions of higher education:
Provided further, That the awarding of such funds may be
prioritized on the basis of a resident's academic merit, the
income and need of eligible students and such other factors as
may be authorized: Provided further, That the District of
Columbia government shall maintain a dedicated account for the
Resident Tuition Support Program that shall consist of the
Federal funds appropriated to the Program in this Act and any
subsequent appropriations, any unobligated balances from prior
fiscal years, and any interest earned in this or any fiscal
year: Provided further, That the account shall be under the
control of the District of Columbia Chief Financial Officer,
who shall use those funds solely for the purposes of carrying
out the Resident Tuition Support Program: Provided further,
That the Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on Appropriations
of the House of Representatives and the Senate for these funds
showing, by object class, the expenditures made and the purpose
therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written
consultation with the elected county or city officials of
surrounding jurisdictions, $14,900,000, to remain available
until expended and in addition any funds that remain available
from prior year appropriations under this heading for the
District of Columbia Government, for the costs of providing
public safety at events related to the presence of the national
capital in the District of Columbia, including support
requested by the Director of the United States Secret Service
Division in carrying out protective duties under the direction
of the Secretary of Homeland Security, and for the costs of
providing support to respond to immediate and specific
terrorist threats or attacks in the District of Columbia or
surrounding jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia
Courts, $232,841,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $12,830,000, of which
not to exceed $2,500 is for official reception and
representation expenses; for the District of Columbia Superior
Court, $114,209,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the
District of Columbia Court System, $66,712,000, of which not to
exceed $2,500 is for official reception and representation
expenses; and $39,090,000, to remain available until September
30, 2013, for capital improvements for District of Columbia
courthouse facilities: Provided, That funds made available for
capital improvements shall be expended consistent with the
District of Columbia Courts master plan study and building
evaluation report: Provided further, That notwithstanding any
other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the House
of Representatives and the Senate, the District of Columbia
Courts may reallocate not more than $3,000,000 of the funds
provided under this heading among the items and entities funded
under this heading but no such allocation shall be increased by
more than 10 percent.
federal payment for defender services in district of columbia courts
(including transfer of funds)
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice Act),
payments for counsel appointed in proceedings in the Family
Court of the Superior Court of the District of Columbia under
chapter 23 of title 16, D.C. Official Code, or pursuant to
contractual agreements to provide guardian ad litem
representation, training, technical assistance, and such other
services as are necessary to improve the quality of guardian ad
litem representation, payments for counsel appointed in
adoption proceedings under chapter 3 of title 16, D.C. Official
Code, and payments authorized under section 21-2060, D.C.
Official Code (relating to services provided under the District
of Columbia Guardianship, Protective Proceedings, and Durable
Power of Attorney Act of 1986), $55,000,000, to remain
available until expended: Provided, That funds provided under
this heading shall be administered by the Joint Committee on
Judicial Administration in the District of Columbia: Provided
further, That notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for expenses of other Federal
agencies: Provided further, That not more than $10,000,000 of
the funds provided in this account may be transferred to, and
merged with, funds made available under the heading ``Federal
Payment to the District of Columbia Courts'' for District of
Columbia courthouse facilities.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as authorized
by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $212,983,000, of which not to exceed
$2,000 is for official reception and representation expenses
related to Community Supervision and Pretrial Services Agency
programs; of which not to exceed $25,000 is for dues and
assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision
Act of 2002; of which $1,000,000 shall remain available until
September 30, 2014 for relocation of the Pretrial Services
Agency drug testing laboratory; of which $153,548,000 shall be
for necessary expenses of Community Supervision and Sex
Offender Registration, to include expenses relating to the
supervision of adults subject to protection orders or the
provision of services for or related to such persons; of which
$59,435,000 shall be available to the Pretrial Services Agency:
Provided, That notwithstanding any other provision of law, all
amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended
in the same manner as funds appropriated for salaries and
expenses of other Federal agencies: Provided further, That not
less than $1,500,000 shall be available for re-entrant housing
in the District of Columbia: Provided further, That the
Director is authorized to accept and use gifts in the form of
in-kind contributions of space and hospitality to support
offender and defendant programs, and equipment and vocational
training services to educate and train offenders and
defendants: Provided further, That the Director shall keep
accurate and detailed records of the acceptance and use of any
gift or donation under the previous proviso, and shall make
such records available for audit and public inspection:
Provided further, That the Court Services and Offender
Supervision Agency Director is authorized to accept and use
reimbursement from the District of Columbia Government for
space and services provided on a cost reimbursable basis.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public Defender
Service, as authorized by the National Capital Revitalization
and Self-Government Improvement Act of 1997, $37,241,000:
Provided, That notwithstanding any other provision of law, all
amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended
in the same manner as funds appropriated for salaries and
expenses of Federal agencies.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and
Sewer Authority, $15,000,000, to remain available until
expended, to continue implementation of the Combined Sewer
Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a 100 percent match
for this payment.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating
Council, $1,800,000, to remain available until expended, to
support initiatives related to the coordination of Federal and
local criminal justice resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September
30, 2013, to the Commission on Judicial Disabilities and
Tenure, $295,000, and for the Judicial Nomination Commission,
$205,000.
federal payment for school improvement
For a Federal payment for a school improvement program in
the District of Columbia, $60,000,000, to remain available
until expended, for payments authorized under the Scholarship
for Opportunity and Results Act (division C of Public Law 112-
10).
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National
Guard, $375,000, to remain available until expended for the
Major General David F. Wherley, Jr. District of Columbia
National Guard Retention and College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals
with, human immunodeficiency virus and acquired
immunodeficiency syndrome in the District of Columbia,
$5,000,000.
District of Columbia Funds
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the General Fund of
the District of Columbia (``General Fund''), except as
otherwise specifically provided: Provided, That
notwithstanding any other provision of law, except as provided
in section 450A of the District of Columbia Home Rule Act, (114
Stat. 2440; D.C. Official Code, section 1-204.50a) and
provisions of this Act, the total amount appropriated in this
Act for operating expenses for the District of Columbia for
fiscal year 2012 under this heading shall not exceed the lesser
of the sum of the total revenues of the District of Columbia
for such fiscal year or $10,916,966,000 (of which
$6,208,646,000 shall be from local funds, (including
$526,594,000 from dedicated taxes), $1,015,449,000 shall be
from Federal grant funds, $1,499,115,000 from Medicaid
payments, $2,040,504,000 shall be from other funds, and
$25,677,000 shall be from private funds, and $127,575,000 shall
be from funds previously appropriated in this Act as Federal
payments: Provided further, That of the local funds, such
amounts as may be necessary may be derived from the District's
General Fund balance: Provided further, That of these funds
the District's intra-District authority shall be $619,632,000:
in addition, for capital construction projects, an increase of
$4,007,501,000, of which $2,934,011,000 shall be from local
funds, $223,858,000 from the District of Columbia Highway Trust
Fund, $33,140,000 from the Local Transportation Fund,
$816,492,000 from Federal grant funds, and a rescission of
$2,849,882,000 of which $1,796,345,000 shall be from local
funds, $749,426,000 from Federal grant funds, $252,694,000 from
the District of Columbia Highway Trust Fund, and $51,416,000
from the Local Transportation Fund appropriated under this
heading in prior fiscal years, for a net amount of
$1,157,619,000, to remain available until expended: Provided
further, That the amounts provided under this heading are to be
available, allocated, and expended as proposed under title III
of the Fiscal Year 2012 Budget Request Act of 2011, at the rate
set forth under ``District of Columbia Funds Division of
Expenses'' as included in the Fiscal Year 2012 Proposed Budget
and Financial Plan submitted to the Congress by the District of
Columbia: Provided further, That this amount may be increased
by proceeds of one-time transactions, which are expended for
emergency or unanticipated operating or capital needs:
Provided further, That such increases shall be approved by
enactment of local District law and shall comply with all
reserve requirements contained in the District of Columbia Home
Rule Act: Provided further, That the Chief Financial Officer
of the District of Columbia shall take such steps as are
necessary to assure that the District of Columbia meets these
requirements, including the apportioning by the Chief Financial
Officer of the appropriations and funds made available to the
District during fiscal year 2012, except that the Chief
Financial Officer may not reprogram for operating expenses any
funds derived from bonds, notes, or other obligations issued
for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2012''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq.,
$2,900,000, to remain available until September 30, 2013, of
which not to exceed $1,000 is for official reception and
representation expenses.
Christopher Columbus Fellowship Foundation
salaries and expenses
For payment to the Christopher Columbus Fellowship
Foundation, established by section 423 of Public Law 102-281,
$450,000, to remain available until expended.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $4,000 for official
reception and representation expenses, $114,500,000, of which
$500,000 shall remain available until September 30, 2013, to
implement the Virginia Graeme Baker Pool and Spa Safety Act
grant program as provided by section 1405 of Public Law 100-140
(15 U.S.C. 8004).
administrative provisions--consumer product safety commission
Sec. 501. Section 4(g) of the Consumer Product Safety Act
(15 U.S.C. 2053(g)) is amended by adding at the end the
following:
``(5) The Chairman may provide to officers and
employees of the Commission who are appointed or
assigned by the Commission to serve abroad (as defined
in section 102 of the Foreign Service Act of 1980 (22
U.S.C. 3902)) travel benefits similar to those
authorized for members of the Foreign Service of the
United Service under chapter 9 of such Act (22 U.S.C.
4081 et seq.).''.
Sec. 502. (a) Extension of Grant Program.--Section 1405(e)
of the Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C.
8004(e)) is amended by striking ``2011'' and inserting
``2012''.
(b) New Swimming Pools.--Section 1405(b) of the Virginia
Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8004(b)) is
amended by inserting ``constructed after the date that is 6
months after the date of enactment of the Financial Services
and General Government Appropriations Act, 2012'' after
``swimming pools''.
Sec. 503. Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United
States shall conduct an analysis of the potential safety risks
associated with new and emerging consumer products, including
chemicals and other materials used in their manufacture, taking
into account the ability and authority of the Consumer Product
Safety Commission--
(1) to identify, assess, and address such risks in
a timely manner; and
(2) to keep abreast of the effects of new and
emerging consumer products on public health and safety.
Sec. 504. Not later than 150 days after the date of the
enactment of this Act, the Comptroller General of the United
States shall conduct an analysis of--
(1) the extent to which manufacturers comply with
voluntary industry standards for consumer products,
particularly with respect to inexpensive, imported
products;
(2) whether there are consequences for such
manufacturers for failing to comply with such
standards;
(3) whether the Consumer Product Safety Commission
has the authority and the ability to require compliance
with such standards; and
(4) whether there are patterns of non-compliance
with such standards among certain types of products or
certain types of manufacturers.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107-252), $11,500,000, of which
$2,750,000 shall be transferred to the National Institute of
Standards and Technology for election reform activities
authorized under the Help America Vote Act of 2002, and of
which $1,250,000 shall be for the Office of Inspector General.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special counsel
fees; and services as authorized by 5 U.S.C. 3109,
$339,844,000: Provided, That $339,844,000 of offsetting
collections shall be assessed and collected pursuant to section
9 of title I of the Communications Act of 1934, shall be
retained and used for necessary expenses in this appropriation,
and shall remain available until expended: Provided further,
That the sum herein appropriated shall be reduced as such
offsetting collections are received during fiscal year 2012 so
as to result in a final fiscal year 2012 appropriation
estimated at $0: Provided further, That any offsetting
collections received in excess of $339,844,000 in fiscal year
2012 shall not be available for obligation: Provided further,
That remaining offsetting collections from prior years
collected in excess of the amount specified for collection in
each such year and otherwise becoming available on October 1,
2011, shall not be available for obligation: Provided further,
That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the
use of a competitive bidding system that may be retained and
made available for obligation shall not exceed $85,000,000 for
fiscal year 2012: Provided further, That of the amount
appropriated under this heading, not less than $9,750,000 shall
be for the salaries and expenses of the Office of Inspector
General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service
Antideficiency Temporary Suspension Act is amended by striking
``December 31, 2011'', each place it appears and inserting
``December 31, 2013''.
Sec. 511. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal service
support payments to implement the February 27, 2004
recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $45,261,000, to be derived from the Deposit Insurance
Fund or, only when appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, $66,367,000, of which
not to exceed $5,000 shall be available for reception and
representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and including official reception and
representation expenses (not to exceed $1,500) and rental of
conference rooms in the District of Columbia and elsewhere,
$24,723,000: Provided, That public members of the Federal
Service Impasses Panel may be paid travel expenses and per diem
in lieu of subsistence as authorized by law (5 U.S.C. 5703) for
persons employed intermittently in the Government service, and
compensation as authorized by 5 U.S.C. 3109: Provided further,
That notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management
relations conferences shall be credited to and merged with this
account, to be available without further appropriation for the
costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; hire
of passenger motor vehicles; and not to exceed $2,000 for
official reception and representation expenses, $311,563,000,
to remain available until expended: Provided, That not to
exceed $300,000 shall be available for use to contract with a
person or persons for collection services in accordance with
the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed
$108,000,000 of offsetting collections derived from fees
collected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18a), regardless of the year of collection, shall be retained
and used for necessary expenses in this appropriation:
Provided further, That, notwithstanding any other provision of
law, not to exceed $21,000,000 in offsetting collections
derived from fees sufficient to implement and enforce the
Telemarketing Sales Rule, promulgated under the Telemarketing
and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et
seq.), shall be credited to this account, and be retained and
used for necessary expenses in this appropriation: Provided
further, That the sum herein appropriated from the general fund
shall be reduced as such offsetting collections are received
during fiscal year 2012, so as to result in a final fiscal year
2012 appropriation from the general fund estimated at not more
than $182,563,000: Provided further, That none of the funds
made available to the Federal Trade Commission may be used to
implement subsection (e)(2)(B) of section 43 of the Federal
Deposit Insurance Act (12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
Amounts in the Fund, including revenues and collections
deposited into the Fund shall be available for necessary
expenses of real property management and related activities not
otherwise provided for, including operation, maintenance, and
protection of federally owned and leased buildings; rental of
buildings in the District of Columbia; restoration of leased
premises; moving governmental agencies (including space
adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation and transfer of
space; contractual services incident to cleaning or servicing
buildings, and moving; repair and alteration of federally owned
buildings including grounds, approaches and appurtenances; care
and safeguarding of sites; maintenance, preservation,
demolition, and equipment; acquisition of buildings and sites
by purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites;
conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or
otherwise; construction of new buildings (including equipment
for such buildings); and payment of principal, interest, and
any other obligations for public buildings acquired by
installment purchase and purchase contract; in the aggregate
amount of $8,017,967,000, of which: (1) $50,000,000 shall
remain available until expended for construction and
acquisition (including funds for sites and expenses, and
associated design and construction services): Provided, That
the General Services Administration shall submit a detailed
plan, by project, regarding the use of funds to the Committees
on Appropriations of the House of Representatives and the
Senate within 30 days of enactment of this section and will
provide notification to the Committees within 15 days prior to
any changes regarding the use of these funds; (2) $280,000,000
shall remain available until expended for repairs and
alterations, which includes associated design and construction
services, of which $260,000,000 is for Basic Repairs and
Alterations and $20,000,000 is for a Judiciary Capital Security
program: Provided further, That funds made available in this
or any previous Act in the Federal Buildings Fund for Repairs
and Alterations shall, for prospectus projects, be limited to
the amount identified for each project, except each project in
this or any previous Act may be increased by an amount not to
exceed 10 percent unless advance approval is obtained from the
Committees on Appropriations of a greater amount: Provided
further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if
advance approval is obtained from the Committees on
Appropriations: Provided further, That the amounts provided in
this or any prior Act for ``Repairs and Alterations'' may be
used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum
standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the appropriate
Committees of the House and Senate: Provided further, That the
difference between the funds appropriated and expended on any
projects in this or any prior Act, under the heading ``Repairs
and Alterations'', may be transferred to Basic Repairs and
Alterations or used to fund authorized increases in prospectus
projects: Provided further, That all funds for repairs and
alterations prospectus projects shall expire on September 30,
2013 and remain in the Federal Buildings Fund except funds for
projects as to which funds for design or other funds have been
obligated in whole or in part prior to such date: Provided
further, That the amount provided in this or any prior Act for
Basic Repairs and Alterations may be used to pay claims against
the Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects; (3) $126,801,000 for
installment acquisition payments including payments on purchase
contracts which shall remain available until expended; (4)
$5,210,198,000 for rental of space which shall remain available
until expended; and (5) $2,350,968,000 for building operations
which shall remain available until expended: Provided further,
That funds available to the General Services Administration
shall not be available for expenses of any construction,
repair, alteration and acquisition project for which a
prospectus, if required by 40 U.S.C. 3307(a), has not been
approved, except that necessary funds may be expended for each
project for required expenses for the development of a proposed
prospectus: Provided further, That funds available in the
Federal Buildings Fund may be expended for emergency repairs
when advance approval is obtained from the Committees on
Appropriations: Provided further, That amounts necessary to
provide reimbursable special services to other agencies under
40 U.S.C. 592(b)(2) and amounts to provide such reimbursable
fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or
control as may be appropriate to enable the United States
Secret Service to perform its protective functions pursuant to
18 U.S.C. 3056, shall be available from such revenues and
collections: Provided further, That revenues and collections
and any other sums accruing to this Fund during fiscal year
2012, excluding reimbursements under 40 U.S.C. 592(b)(2) in
excess of the aggregate new obligational authority authorized
for Real Property Activities of the Federal Buildings Fund in
this Act shall remain in the Fund and shall not be available
for expenditure except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities associated
with the management of real and personal property assets and
certain administrative services; Government-wide policy support
responsibilities relating to acquisition, telecommunications,
information technology management, and related technology
activities; and services as authorized by 5 U.S.C. 3109;
$61,115,000.
operating expenses
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization and
donation of surplus personal property; disposal of real
property; agency-wide policy direction, management, and
communications; the Civilian Board of Contract Appeals;
services as authorized by 5 U.S.C. 3109; and not to exceed
$7,500 for official reception and representation expenses;
$69,500,000.
office of inspector general
For necessary expenses of the Office of Inspector General
and service authorized by 5 U.S.C. 3109, $58,000,000:
Provided, That not to exceed $15,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen Government
property: Provided further, That not to exceed $2,500 shall be
available for awards to employees of other Federal agencies and
private citizens in recognition of efforts and initiatives
resulting in enhanced Office of Inspector General
effectiveness.
electronic government fund
(including transfer of funds)
For necessary expenses in support of interagency projects
that enable the Federal Government to expand its ability to
conduct activities electronically, through the development and
implementation of innovative uses of the Internet and other
electronic methods, $12,400,000, to remain available until
expended: Provided, That these funds may be transferred to
Federal agencies to carry out the purpose of the Fund:
Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this Act:
Provided further, That such transfers may not be made until 10
days after a proposed spending plan and explanation for each
project to be undertaken has been submitted to the Committees
on Appropriations of the House of Representatives and the
Senate.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25,
1958 (3 U.S.C. 102 note), and Public Law 95-138, $3,671,000.
federal citizen services fund
For necessary expenses of the Office of Citizen Services
and Innovative Technologies, including services authorized by 5
U.S.C. 3109, $34,100,000, to be deposited into the Federal
Citizen Services Fund: Provided, That the appropriations,
revenues, and collections deposited into the Fund shall be
available for necessary expenses of Federal Citizen Services
activities in the aggregate amount not to exceed $90,000,000.
Appropriations, revenues, and collections accruing to this Fund
during fiscal year 2012 in excess of such amount shall remain
in the Fund and shall not be available for expenditure except
as authorized in appropriations Acts.
Administrative Provisions--General Services Administration
(including transfers of funds and rescission)
Sec. 520. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made
available for fiscal year 2012 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance to the
Committees on Appropriations of the House of Representatives
and the Senate.
Sec. 522. Except as otherwise provided in this title,
funds made available by this Act shall be used to transmit a
fiscal year 2013 request for United States Courthouse
construction only if the request: (1) meets the design guide
standards for construction as established and approved by the
General Services Administration, the Judicial Conference of the
United States, and the Office of Management and Budget; (2)
reflects the priorities of the Judicial Conference of the
United States as set out in its approved 5-year construction
plan; and (3) includes a standardized courtroom utilization
study of each facility to be constructed, replaced, or
expanded.
Sec. 523. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service
usually provided through the Federal Buildings Fund, to any
agency that does not pay the rate per square foot assessment
for space and services as determined by the General Services
Administration in consideration of the Public Buildings
Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than $250,000
arising from direct construction projects and acquisition of
buildings may be liquidated from savings effected in other
construction projects with prior notification to the Committees
on Appropriations of the House of Representatives and the
Senate.
Sec. 525. In any case in which the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate adopt a resolution granting lease authority
pursuant to a prospectus transmitted to Congress by the
Administrator of the General Services Administration under 40
U.S.C. 3307, the Administrator shall ensure that the delineated
area of procurement is identical to the delineated area
included in the prospectus for all lease agreements, except
that, if the Administrator determines that the delineated area
of the procurement should not be identical to the delineated
area included in the prospectus, the Administrator shall
provide an explanatory statement to each of such committees and
the Committees on Appropriations of the House of
Representatives and the Senate prior to exercising any lease
authority provided in the resolution.
Sec. 526. Section 1703 of title 41 U.S.C. is amended in
paragraph (i)(6) by:
(1) deleting ``for training''; and
(2) deleting ``paragraph (2)'' and inserting in
lieu thereof ``subparagraphs (A) and (C) to (J) of
section 1122(a)(5) of this title''.
Sec. 527. Of the amounts made available under the heading
``Policy and Operations'' for the maintenance, protection, and
disposal of the U.S. Coast Guard Service Center at Governor's
Island, New York and the Lorton Correctional Facility in
Lorton, Virginia in prior years whether appropriated directly
to the General Services Administration (GSA) or to any other
agency of the Government and received by GSA for such purpose,
$4,600,000 are rescinded.
Sec. 528. Within 120 days of enactment, the General
Services Administration shall submit a detailed report to the
Committees on Appropriations of the House of Representatives
and the Senate that describes each program, project, or
activity that is funded by appropriations to General Services
Administration but is not under the control or direction, in
statute or in practice, of the Administrator of General
Services.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93-642,
$748,000, to remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note),
including services as authorized by 5 U.S.C. 3109, rental of
conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, direct procurement of survey
printing, and not to exceed $2,000 for official reception and
representation expenses, $40,258,000, to remain available until
September 30, 2013, together with not to exceed $2,345,000, to
remain available until September 30, 2013, for administrative
expenses to adjudicate retirement appeals to be transferred
from the Civil Service Retirement and Disability Fund in
amounts determined by the Merit Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
For payment to the Morris K. Udall and Stewart L. Udall
Trust Fund, pursuant to the Morris K. Udall and Stewart L.
Udall Foundation Act (20 U.S.C. 5601 et seq.), $2,200,000, to
remain available until expended, of which, notwithstanding
sections 8 and 9 of such Act: (1) up to $50,000 shall be used
to conduct financial audits pursuant to the Accountability of
Tax Dollars Act of 2002 (Public Law 107-289); and (2) up to
$1,000,000 shall be available to carry out the activities
authorized by section 6(7) of Public Law 102-259 (20 U.S.C.
5604(7)).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy and
Conflict Resolution Act of 1998, $3,792,000, to remain
available until expended.
National Archives and Records Administration
operating expenses
(including transfer of funds)
For necessary expenses in connection with the
administration of the National Archives and Records
Administration (including the Information Security Oversight
Office) and archived Federal records and related activities, as
provided by law, and for expenses necessary for the review and
declassification of documents and the activities of the Public
Interest Declassification Board, and for necessary expenses in
connection with the operations and maintenance of the
electronic records archives to include all direct project costs
associated with research, program management, and corrective
and adaptive software maintenance, and for the hire of
passenger motor vehicles, and for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901 et seq.),
including maintenance, repairs, and cleaning, $373,300,000:
Provided, That all remaining balances appropriated in prior
fiscal years under the heading ``Electronic Records Archives''
shall be transferred to this account.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Reform
Act of 2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and
the Inspector General Act of 1978 (5 U.S.C. App.), and for the
hire of passenger motor vehicles, $4,100,000.
repairs and restoration
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$9,100,000, to remain available until expended: Provided, That
from amounts made available for the Military Personnel Records
Center requirement study under this heading in Public Law 108-
199, the remaining unobligated balances shall be available to
implement the National Archives and Records Administration
Capital Improvement Plan: Provided further, That from amounts
made available under this heading in Public Law 111-8 for
construction costs and related services for building the
addition to the John F. Kennedy Presidential Library and Museum
and other necessary expenses, including renovating the Library
as needed in constructing the addition, the remaining
unobligated balances shall be available to implement the
National Archives and Records Administration Capital
Improvement Plan.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44 U.S.C.
2504, $5,000,000, to remain available until expended.
National Credit Union Administration
central liquidity facility
During fiscal year 2012, gross obligations of the Central
Liquidity Facility for the principal amount of new direct loans
to member credit unions, as authorized by 12 U.S.C. 1795 et
seq., shall be the amount authorized by section 307(a)(4)(A) of
the Federal Credit Union Act (12 U.S.C. 1795f(a)(4)(A)):
Provided, That administrative expenses of the Central Liquidity
Facility in fiscal year 2012 shall not exceed $1,250,000.
community development revolving loan fund
For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,247,000
shall be available until September 30, 2013 for technical
assistance to low-income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, and the Ethics Reform Act of 1989, including services
as authorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger motor
vehicles, and not to exceed $1,500 for official reception and
representation expenses, $13,664,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on a
fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances
to employees where Voting Rights Act activities require an
employee to remain overnight at his or her post of duty,
$97,774,000, of which $6,004,000 shall remain available until
expended for the Enterprise Human Resources Integration
project, of which $642,000 may be for strengthening the
capacity and capabilities of the acquisition workforce (as
defined by the Office of Federal Procurement Policy Act, as
amended (41 U.S.C. 4001 et seq.)), including the recruitment,
hiring, training, and retention of such workforce and
information technology in support of acquisition workforce
effectiveness or for management solutions to improve
acquisition management, and of which $1,416,000 shall remain
available until expended for the Human Resources Line of
Business project; and in addition $112,516,000 for
administrative expenses, to be transferred from the appropriate
trust funds of OPM without regard to other statutes, including
direct procurement of printed materials, for the retirement and
insurance programs: Provided, That the provisions of this
appropriation shall not affect the authority to use applicable
trust funds as provided by sections 8348(a)(1)(B), and
9004(f)(2)(A) of title 5, United States Code: Provided
further, That no part of this appropriation shall be available
for salaries and expenses of the Legal Examining Unit of OPM
established pursuant to Executive Order No. 9358 of July 1,
1943, or any successor unit of like purpose: Provided further,
That the President's Commission on White House Fellows,
established by Executive Order No. 11183 of October 3, 1964,
may, during fiscal year 2012, accept donations of money,
property, and personal services: Provided further, That such
donations, including those from prior years, may be used for
the development of publicity materials to provide information
about the White House Fellows, except that no such donations
shall be accepted for travel or reimbursement of travel
expenses, or for the salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, including services as authorized by 5 U.S.C. 3109, hire
of passenger motor vehicles, $3,142,000, and in addition, not
to exceed $21,174,000 for administrative expenses to audit,
investigate, and provide other oversight of the Office of
Personnel Management's retirement and insurance programs, to be
transferred from the appropriate trust funds of the Office of
Personnel Management, as determined by the Inspector General:
Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
government payment for annuitants, employees health benefits
For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849), such sums as may be necessary.
government payment for annuitants, employee life insurance
For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by
chapter 87 of title 5, United States Code, such sums as may be
necessary.
payment to civil service retirement and disability fund
For financing the unfunded liability of new and increased
annuity benefits becoming effective on or after October 20,
1969, as authorized by 5 U.S.C. 8348, and annuities under
special Acts to be credited to the Civil Service Retirement and
Disability Fund, such sums as may be necessary: Provided, That
annuities authorized by the Act of May 29, 1944, and the Act of
August 19, 1950 (33 U.S.C. 771-775), may hereafter be paid out
of the Civil Service Retirement and Disability Fund.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), the Whistleblower Protection Act of 1989 (Public Law 101-
12), Public Law 107-304, and the Uniformed Services Employment
and Reemployment Rights Act of 1994 (Public Law 103-353),
including services as authorized by 5 U.S.C. 3109, payment of
fees and expenses for witnesses, rental of conference rooms in
the District of Columbia and elsewhere, and hire of passenger
motor vehicles; $18,972,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission
in carrying out the provisions of the Postal Accountability and
Enhancement Act (Public Law 109-435), $14,304,000, to be
derived by transfer from the Postal Service Fund and expended
as authorized by section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties
Oversight Board, as authorized by section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (5
U.S.C. 601 note), $900,000, to remain available until September
30, 2013.
Recovery Accountability and Transparency Board
salaries and expenses
For necessary expenses of the Recovery Accountability and
Transparency Board to carry out the provisions of title XV of
the American Recovery and Reinvestment Act of 2009 (Public Law
111-5), and to develop and test information technology
resources and oversight mechanisms to enhance transparency of
and detect and remediate waste, fraud, and abuse in Federal
spending, $28,350,000, to remain available until September 30,
2013.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the
District of Columbia and elsewhere, and not to exceed $3,500
for official reception and representation expenses,
$1,321,000,000, to remain available until expended; of which
not less than $6,795,000 shall be for the Office of Inspector
General; of which not to exceed $45,000 shall be available for
a permanent secretariat for the International Organization of
Securities Commissions; and of which not to exceed $100,000
shall be available for expenses for consultations and meetings
hosted by the Commission with foreign governmental and other
regulatory officials, members of their delegations and staffs
to exchange views concerning securities matters, such expenses
to include necessary logistic and administrative expenses and
the expenses of Commission staff and foreign invitees in
attendance including: (1) incidental expenses such as meals;
(2) travel and transportation; and (3) related lodging or
subsistence: Provided, That fees and charges authorized by
section 31 of the Securities Exchange Act of 1934 (15 U.S.C.
78ee) shall be credited to this account as offsetting
collections: Provided further, That not to exceed
$1,321,000,000 of such offsetting collections shall be
available until expended for necessary expenses of this
account: Provided further, That the total amount appropriated
under this heading from the general fund for fiscal year 2012
shall be reduced as such offsetting fees are received so as to
result in a final total fiscal year 2012 appropriation from the
general fund estimated at not more than $0.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; purchase of uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to
exceed $750 for official reception and representation expenses;
$23,984,000: Provided, That during the current fiscal year,
the President may exempt this appropriation from the provisions
of 31 U.S.C. 1341, whenever the President deems such action to
be necessary in the interest of national defense: Provided
further, That none of the funds appropriated by this Act may be
expended for or in connection with the induction of any person
into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration as authorized by Public Law 108-
447, including hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343 and 1344, and not to exceed $3,500 for
official reception and representation expenses, $417,348,000:
Provided, That the Administrator is authorized to charge fees
to cover the cost of publications developed by the Small
Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small Business
Act: Provided further, That, notwithstanding 31 U.S.C. 3302,
revenues received from all such activities shall be credited to
this account, to remain available until expended, for carrying
out these purposes without further appropriations: Provided
further, That the Small Business Administration may accept
gifts in an amount not to exceed $4,000,000 and may co-sponsor
activities, each in accordance with section 132(a) of division
K of Public Law 108-447, during fiscal year 2012: Provided
further, That $112,500,000 shall be available to fund grants
for performance in fiscal year 2012 or fiscal year 2013 as
authorized by section 21 of the Small Business Act, to remain
available until September 30, 2013: Provided further, That
$20,000,000 shall remain available until September 30, 2013 for
marketing, management, and technical assistance under section
7(m) of the Small Business Act (15 U.S.C. 636(m)(4)) by
intermediaries that make microloans under the microloan
program: Provided further, That $7,100,000 shall be available
for the Loan Modernization and Accounting System, to be
available until September 30, 2013: Provided further, That
$2,000,000 shall be for the Federal and State Technology
Partnership Program under section 34 of the Small Business Act
(15 U.S.C. 657d).
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $16,267,000.
office of advocacy
For necessary expenses of the Office of Advocacy in
carrying out the provisions of title II of Public Law 94-305
(15 U.S.C. 634a et seq.) and the Regulatory Flexibility Act of
1980 (5 U.S.C. 601 et seq.), $9,120,000, to remain available
until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $3,678,000, to remain
available until expended, and for the cost of guaranteed loans
as authorized by section 7(a) of the Small Business Act (Public
Law 85-536) and section 503 of the Small Business Investment
Act of 1958 (Public Law 85-699), $207,100,000, to remain
available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided
further, That subject to section 502 of the Congressional
Budget Act of 1974, during fiscal year 2012 commitments to
guarantee loans under section 503 of the Small Business
Investment Act of 1958 shall not exceed $7,500,000,000:
Provided further, That during fiscal year 2012 commitments for
general business loans authorized under section 7(a) of the
Small Business Act shall not exceed $17,500,000,000 for a
combination of amortizing term loans and the aggregated maximum
line of credit provided by revolving loans: Provided further,
That during fiscal year 2012 commitments to guarantee loans for
debentures under section 303(b) of the Small Business
Investment Act of 1958 shall not exceed $3,000,000,000:
Provided further, That during fiscal year 2012, guarantees of
trust certificates authorized by section 5(g) of the Small
Business Act shall not exceed a principal amount of
$12,000,000,000. In addition, for administrative expenses to
carry out the direct and guaranteed loan programs,
$147,958,000, which may be transferred to and merged with the
appropriations for Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan
program authorized by section 7(b) of the Small Business Act,
$117,300,000, to be available until expended, of which
$1,000,000 is for the Office of Inspector General of the Small
Business Administration for audits and reviews of disaster
loans and the disaster loan programs and shall be transferred
to and merged with the appropriations for the Office of
Inspector General; of which $110,300,000 is for direct
administrative expenses of loan making and servicing to carry
out the direct loan program, which may be transferred to and
merged with the appropriations for Salaries and Expenses; and
of which $6,000,000 is for indirect administrative expenses for
the direct loan program, which may be transferred to and merged
with the appropriations for Salaries and Expenses.
administrative provisions--small business administration
(including transfer of funds)
Sec. 530. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Small
Business Administration in this Act may be transferred between
such appropriations, but no such appropriation shall be
increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this paragraph shall be
treated as a reprogramming of funds under section 608 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Sec. 531. Section 7(d)(5)(D) of the Small Business Act (15
U.S.C. 636(d)(5)(D)) is amended by striking ``three years'' and
inserting ``7 years''.
Sec. 532. Beginning in fiscal year 2013 and each fiscal
year thereafter, the budget request for the Small Business
Administration shall provided a detailed justification of any
proposed changes from the enacted level by individual
appropriation. The detailed justification shall include at a
minimum a description of each credit and non-credit program
including amount of funding and costs by appropriation account
and fiscal year. For activities funded in multiple
appropriations, the budget justification shall specify the
amount included in each enacted appropriation, the amount
proposed in the budget year and a justification for any
proposed changes.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c) and
(d) of section 2401 of title 39, United States Code,
$78,153,000, which shall not be available for obligation until
October 1, 2012: Provided, That mail for overseas voting and
mail for the blind shall continue to be free: Provided
further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further,
That none of the funds made available to the Postal Service by
this Act shall be used to implement any rule, regulation, or
policy of charging any officer or employee of any State or
local child support enforcement agency, or any individual
participating in a State or local program of child support
enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further,
That none of the funds provided in this Act shall be used to
consolidate or close small rural and other small post offices
in fiscal year 2012.
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $241,468,000, to be derived by transfer from the Postal
Service Fund and expended as authorized by section 603(b)(3) of
the Postal Accountability and Enhancement Act (Public Law 109-
435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $51,079,000:
Provided, That travel expenses of the judges shall be paid upon
the written certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescissions)
Sec. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year,
nor may any be transferred to other appropriations, unless
expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 605. None of the funds made available by this Act
shall be available for any activity or for paying the salary of
any Government employee where funding an activity or paying a
salary to a Government employee would result in a decision,
determination, rule, regulation, or policy that would prohibit
the enforcement of section 307 of the Tariff Act of 1930 (19
U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with the Buy
American Act (41 U.S.C. 10a-10c).
Sec. 607. No funds appropriated or otherwise made
available under this Act shall be made available to any person
or entity that has been convicted of violating the Buy American
Act (41 U.S.C. 10a-10c).
Sec. 608. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in this
Act that remain available for obligation or expenditure in
fiscal year 2012, or provided from any accounts in the Treasury
derived by the collection of fees and available to the agencies
funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by the
Congress; (4) proposes to use funds directed for a specific
activity by the Committee on Appropriations of either the House
of Representatives or the Senate for a different purpose; (5)
augments existing programs, projects, or activities in excess
of $5,000,000 or 10 percent, whichever is less; (6) reduces
existing programs, projects, or activities by $5,000,000 or 10
percent, whichever is less; or (7) creates or reorganizes
offices, programs, or activities unless prior approval is
received from the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That prior to any
significant reorganization or restructuring of offices,
programs, or activities, each agency or entity funded in this
Act shall consult with the Committees on Appropriations of the
House of Representatives and the Senate: Provided further,
That not later than 60 days after the date of enactment of this
Act, each agency funded by this Act shall submit a report to
the Committees on Appropriations of the House of
Representatives and the Senate to establish the baseline for
application of reprogramming and transfer authorities for the
current fiscal year: Provided further, That at a minimum the
report shall include: (1) a table for each appropriation with a
separate column to display the President's budget request,
adjustments made by Congress, adjustments due to enacted
rescissions, if appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both by
object class and program, project, and activity as detailed in
the budget appendix for the respective appropriation; and (3)
an identification of items of special congressional interest:
Provided further, That the amount appropriated or limited for
salaries and expenses for an agency shall be reduced by
$100,000 per day for each day after the required date that the
report has not been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2012 from appropriations
made available for salaries and expenses for fiscal year 2012
in this Act, shall remain available through September 30, 2013,
for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees on
Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. None of the funds made available in this Act may
be used by the Executive Office of the President to request
from the Federal Bureau of Investigation any official
background investigation report on any individual, except
when--
(1) such individual has given his or her express
written consent for such request not more than 6 months
prior to the date of such request and during the same
presidential administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply with
respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 612. For the purpose of resolving litigation and
implementing any settlement agreements regarding the nonforeign
area cost-of-living allowance program, the Office of Personnel
Management may accept and utilize (without regard to any
restriction on unanticipated travel expenses imposed in an
Appropriations Act) funds made available to the Office of
Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an act
of rape or incest.
Sec. 615. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in chapter 83 of title 41, United States Code (popularly
known as the Buy American Act), shall not apply to the
acquisition by the Federal Government of information technology
(as defined in section 11101 of title 40, United States Code),
that is a commercial item (as defined in section 103 of title
41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency or
commission funded by this Act may accept on behalf of that
agency, nor may such agency or commission accept, payment or
reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling an
officer or employee to attend and participate in any meeting or
similar function relating to the official duties of the officer
or employee when the entity offering payment or reimbursement
is a person or entity subject to regulation by such agency or
commission, or represents a person or entity subject to
regulation by such agency or commission, unless the person or
entity is an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under section
501(a) of such Code.
Sec. 617. The Public Company Accounting Oversight Board
shall have authority to obligate funds for the scholarship
program established by section 109(c)(2) of the Sarbanes-Oxley
Act of 2002 (Public Law 107-204) in an aggregate amount not
exceeding the amount of funds collected by the Board as of
December 31, 2011, including accrued interest, as a result of
the assessment of monetary penalties. Funds available for
obligation in fiscal year 2012 shall remain available until
expended.
Sec. 618. From the unobligated balances of prior year
appropriations made available for the Privacy and Civil
Liberties Oversight Board, $998,000 are rescinded.
Sec. 619. Section 1107 of title 31, United States Code, is
amended by adding to the end thereof the following: ``The
President shall transmit promptly to Congress without change,
proposed deficiency and supplemental appropriations submitted
to the President by the legislative branch and the judicial
branch.''.
Sec. 620. Notwithstanding section 708 of this Act, funds
made available to the Commodity Futures Trading Commission and
the Securities and Exchange Commission by this or any other Act
may be used for the interagency funding and sponsorship of a
joint advisory committee to advise on emerging regulatory
issues.
Sec. 621. For purposes of Public Law 109-285, the period
described in section 5134(f)(1)(B) of title 31, United States
Code, shall be treated as a 2-year, 9-month period.
Sec. 622. The Help America Vote Act of 2002 (Public Law
107-252) is amended by:
(1) inserting in section 255(b)(42 U.S.C. 15405)
``posted on the Commission's website with a notice''
after ``cause to have the plan'';
(2) inserting in section 253(d)(42 U.S.C. 15403)
``notice of'' prior to ``the State plan'';
(3) inserting in section 254(a)(11)(42 U.S.C.
15404) ``notice of'' prior to ``the change''; and
(4) inserting in section 254(a)(11)(C)(42 U.S.C.
15404) ``notice of'' prior to ``the change''.
Sec. 623. From the unobligated balances available in the
Securities and Exchange Commission Reserve Fund established by
section 991 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (Public Law 111-203), $25,000,000 are rescinded.
Sec. 624. The Department of the Treasury, the Executive
Office of the President, the Judiciary, the Federal
Communications Commission, the Federal Trade Commission, the
General Services Administration, the National Archives and
Records Administration, the Securities and Exchange Commission,
and the Small Business Administration shall provide the
Committees on Appropriations of the House and the Senate a
quarterly accounting of the cumulative balances of any
unobligated funds that were received by such agency during any
previous fiscal year.
Sec. 625. (a)(1) Notwithstanding any other provision of
law, an Executive agency covered by this Act otherwise
authorized to enter into contracts for either leases or the
construction or alteration of real property for office,
meeting, storage, or other space must consult with the General
Services Administration before issuing a solicitation for
offers of new leases or construction contracts, and in the case
of succeeding leases, before entering into negotiations with
the current lessor.
(2) Any such agency with authority to enter into an
emergency lease may do so during any period declared by the
President to require emergency leasing authority with respect
to such agency.
(b) For purposes of this section, the term ``Executive
agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General
Services Administration or the United States Postal Service.
Sec. 626. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ``Interagency Working Group on Food Marketed to
Children: Preliminary Proposed Nutrition Principles to Guide
Industry Self-Regulatory Efforts'' unless the Interagency
Working Group on Food Marketed to Children complies with
Executive Order 13563.
Sec. 627. None of the funds made available by this Act may
be used to pay the salaries and expenses for the following
positions:
(1) Director, White House Office of Health Reform.
(2) Assistant to the President for Energy and
Climate Change.
(3) Senior Advisor to the Secretary of the Treasury
assigned to the Presidential Task Force on the Auto
Industry and Senior Counselor for Manufacturing Policy.
(4) White House Director of Urban Affairs.
Sec. 628. None of the funds made available in this Act may
be used by the Federal Communications Commission to remove the
conditions imposed on commercial terrestrial operations in the
Order and Authorization adopted by the Commission on January
26, 2011 (DA 11-133), or otherwise permit such operations,
until the Commission has resolved concerns of potential
widespread harmful interference by such commercial terrestrial
operations to commercially available Global Positioning System
devices.
Sec. 629. None of the funds made available by this Act may
be expended for any new hire by any Federal agency funded in
this Act that is not verified through the E-Verify Program
established under section 403(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note).
Sec. 630. None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to, any corporation with respect to
which any unpaid Federal tax liability has been assessed, for
which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless
the agency has considered suspension or debarment of the
corporation and made a determination that this further action
is not necessary to protect the interests of the Government.
Sec. 631. None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to, any corporation that was convicted
or had an officer or agent of such corporation acting on behalf
of the corporation convicted of a felony criminal violation
under any Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless the agency
has considered suspension or debarment of the corporation, or
such officer or agent and made a determination that this
further action is not necessary to protect the interests of the
Government.
Sec. 632. Section 8909a(d)(3)(A)(v) of title 5, United
States Code, is amended by striking the date specified in such
section and inserting ``August 1, 2012''.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Sec. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2012 shall obligate or expend any
such funds, unless such department, agency, or instrumentality
has in place, and will continue to administer in good faith, a
written policy designed to ensure that all of its workplaces
are free from the illegal use, possession, or distribution of
controlled substances (as defined in the Controlled Substances
Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with subsection 1343(c) of title 31, United States
Code, for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement, and
undercover surveillance vehicles), is hereby fixed at $13,197
except station wagons for which the maximum shall be $13,631:
Provided, That these limits may be exceeded by not to exceed
$3,700 for police-type vehicles, and by not to exceed $4,000
for special heavy-duty vehicles: Provided further, That the
limits set forth in this section may not be exceeded by more
than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid
Vehicle Research, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section may
be exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101-549 over the cost
of comparable conventionally fueled vehicles: Provided
further, That the limits set forth in this section shall not
apply to any vehicle that is a commercial item and which
operates on emerging motor vehicle technology, including but
not limited to electric, plug-in hybrid electric, and hydrogen
fuel cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with 5
U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified during the current
fiscal year, no part of any appropriation contained in this or
any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States
(including any agency the majority of the stock of which is
owned by the Government of the United States) whose post of
duty is in the continental United States unless such person:
(1) is a citizen of the United States; (2) is a person who is
lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a
person who is admitted as a refugee under 8 U.S.C. 1157 or is
granted asylum under 8 U.S.C. 1158 and has filed a declaration
of intention to become a lawful permanent resident and then a
citizen when eligible; or (4) is a person who owes allegiance
to the United States: Provided, That for purposes of this
section, affidavits signed by any such person shall be
considered prima facie evidence that the requirements of this
section with respect to his or her status are being complied
with: Provided further, That for purposes of subsections (2)
and (3) such affidavits shall be submitted prior to employment
and updated thereafter as necessary: Provided further, That
any person making a false affidavit shall be guilty of a
felony, and upon conviction, shall be fined no more than $4,000
or imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing
law: Provided further, That any payment made to any officer or
employee contrary to the provisions of this section shall be
recoverable in action by the Federal Government: Provided
further, That this section shall not apply to any person who is
an officer or employee of the Government of the United States
on the date of enactment of this Act, or to international
broadcasters employed by the Broadcasting Board of Governors,
or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a
result of emergencies: Provided further, That this section
does not apply to the employment as Wildland firefighters for
not more than 120 days of nonresident aliens employed by the
Department of the Interior or the USDA Forest Service pursuant
to an agreement with another country.
Sec. 705. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with the
Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 706. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs. Such
funds shall be available until expended for the following
purposes:
(1) Acquisition, waste reduction and prevention,
and recycling programs as described in Executive Order
No. 13423 (January 24, 2007), including any such
programs adopted prior to the effective date of the
Executive order.
(2) Other Federal agency environmental management
programs, including, but not limited to, the
development and implementation of hazardous waste
management and pollution prevention programs.
(3) Other employee programs as authorized by law or
as deemed appropriate by the head of the Federal
agency.
Sec. 707. Funds made available by this or any other Act
for administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to objects
for which such funds are otherwise available, for rent in the
District of Columbia; services in accordance with 5 U.S.C.
3109; and the objects specified under this head, all the
provisions of which shall be applicable to the expenditure of
such funds unless otherwise specified in the Act by which they
are made available: Provided, That in the event any functions
budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this
or any other Act shall be available for interagency financing
of boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer,
or enforce any regulation which has been disapproved pursuant
to a joint resolution duly adopted in accordance with the
applicable law of the United States.
Sec. 710. During the period in which the head of any
department or agency, or any other officer or civilian employee
of the Federal Government appointed by the President of the
United States, holds office, no funds may be obligated or
expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for any
such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on Appropriations
of the House of Representatives and the Senate. For the
purposes of this section, the term ``office'' shall include the
entire suite of offices assigned to the individual, as well as
any other space used primarily by the individual or the use of
which is directly controlled by the individual.
Sec. 711. Notwithstanding section 31 U.S.C. 1346, or
section 708 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for the
interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit
multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 12472 (April 3, 1984).
Sec. 712. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal
department, agency, or other instrumentality for the salaries
or expenses of any employee appointed to a position of a
confidential or policy-determining character excepted from the
competitive service pursuant to 5 U.S.C. 3302, without a
certification to the Office of Personnel Management from the
head of the Federal department, agency, or other
instrumentality employing the Schedule C appointee that the
Schedule C position was not created solely or primarily in
order to detail the employee to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed forces detailed to or
from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the National Geospatial-Intelligence Agency;
(5) the offices within the Department of Defense
for the collection of specialized national foreign
intelligence through reconnaissance programs;
(6) the Bureau of Intelligence and Research of the
Department of State;
(7) any agency, office, or unit of the Army, Navy,
Air Force, or Marine Corps, the Department of Homeland
Security, the Federal Bureau of Investigation or the
Drug Enforcement Administration of the Department of
Justice, the Department of Transportation, the
Department of the Treasury, or the Department of Energy
performing intelligence functions; or
(8) the Director of National Intelligence or the
Office of the Director of National Intelligence.
Sec. 713. No part of any appropriation contained in this
or any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
(1) prohibits or prevents, or attempts or threatens
to prohibit or prevent, any other officer or employee
of the Federal Government from having any direct oral
or written communication or contact with any Member,
committee, or subcommittee of the Congress in
connection with any matter pertaining to the employment
of such other officer or employee or pertaining to the
department or agency of such other officer or employee
in any way, irrespective of whether such communication
or contact is at the initiative of such other officer
or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay,
demotes, reduces in rank, seniority, status, pay, or
performance or efficiency rating, denies promotion to,
relocates, reassigns, transfers, disciplines, or
discriminates in regard to any employment right,
entitlement, or benefit, or any term or condition of
employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any
Member, committee, or subcommittee of the Congress as
described in paragraph (1).
Sec. 714. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge,
skills, and abilities bearing directly upon the
performance of official duties;
(2) contains elements likely to induce high levels
of emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of
the content and methods to be used in the training and
written end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new
age'' belief systems as defined in Equal Employment
Opportunity Commission Notice N-915.022, dated
September 2, 1988; or
(5) is offensive to, or designed to change,
participants' personal values or lifestyle outside the
workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 715. (a) No funds appropriated in this or any other
Act may be used to implement or enforce the agreements in
Standard Forms 312 and 4414 of the Government or any other
nondisclosure policy, form, or agreement if such policy, form,
or agreement does not contain the following provisions: ``These
restrictions are consistent with and do not supersede, conflict
with, or otherwise alter the employee obligations, rights, or
liabilities created by Executive Order No. 12958; section 7211
of title 5, United States Code (governing disclosures to
Congress); section 1034 of title 10, United States Code, as
amended by the Military Whistleblower Protection Act (governing
disclosure to Congress by members of the military); section
2302(b)(8) of title 5, United States Code, as amended by the
Whistleblower Protection Act of 1989 (governing disclosures of
illegality, waste, fraud, abuse or public health or safety
threats); the Intelligence Identities Protection Act of 1982
(50 U.S.C. 421 et seq.) (governing disclosures that could
expose confidential Government agents); and the statutes which
protect against disclosure that may compromise the national
security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The
definitions, requirements, obligations, rights, sanctions, and
liabilities created by said Executive order and listed statutes
are incorporated into this agreement and are controlling.'':
Provided, That notwithstanding the preceding provision of this
section, a nondisclosure policy form or agreement that is to be
executed by a person connected with the conduct of an
intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for
which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not disclose
any classified information received in the course of such
activity unless specifically authorized to do so by the United
States Government. Such nondisclosure forms shall also make it
clear that they do not bar disclosures to Congress, or to an
authorized official of an executive agency or the Department of
Justice, that are essential to reporting a substantial
violation of law.
(b) Effective 180 days after enactment of this Act,
subsection (a) is amended by--
(1) striking ``Executive Order No. 12958'' and
inserting ``Executive Order No. 13526 (75 Fed. Reg.
707), or any successor thereto'';
(2) after ``the Intelligence Identities Protection
Act of 1982 (50 U.S.C. 421 et seq.) (governing
disclosures that could expose confidential Government
agents);'' inserting ``sections 7(c) and 8H of the
Inspector General Act of 1978 (5 U.S.C. App.) (relating
to disclosures to an inspector general, the inspectors
general of the Intelligence Community, and Congress);
section 103H(g)(3) of the National Security Act of 1947
(50 U.S.C. 403-3h(g)(3) (relating to disclosures to the
inspector general of the Intelligence Community);
sections 17(d)(5) and 17(e)(3) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(5)
and 403q(e)(3)) (relating to disclosures to the
Inspector General of the Central Intelligence Agency
and Congress);''; and
(3) after ``Subversive Activities'' inserting
``Control''.
(c) A nondisclosure agreement entered into before the
effective date of the amendment in subsection (b) may continue
to be implemented and enforced after that effective date if it
complies with the requirements of subsection (a) that were in
effect prior to the effective date of the amendment in
subsection (b).
Sec. 716. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 717. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 718. None of the funds made available in this Act or
any other Act may be used to provide any non-public information
such as mailing or telephone lists to any person or any
organization outside of the Federal Government without the
approval of the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 719. No part of any appropriation contained in this
or any other Act shall be used directly or indirectly,
including by private contractor, for publicity or propaganda
purposes within the United States not heretofore authorized by
the Congress.
Sec. 720. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5
U.S.C. 105; and
(2) includes a military department, as defined
under section 102 of such title, the Postal Service,
and the Postal Regulatory Commission.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official
duties. An employee not under a leave system, including a
Presidential appointee exempted under 5 U.S.C. 6301(2), has an
obligation to expend an honest effort and a reasonable
proportion of such employee's time in the performance of
official duties.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year
by this or any other Act to any department or agency, which is
a member of the Federal Accounting Standards Advisory Board
(FASAB), shall be available to finance an appropriate share of
FASAB administrative costs.
(transfer of funds)
Sec. 722. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide and other multi-agency financial,
information technology, procurement, and other management
innovations, initiatives, and activities, as approved by the
Director of the Office of Management and Budget, in
consultation with the appropriate interagency and multi-agency
groups designated by the Director (including the President's
Management Council for overall management improvement
initiatives, the Chief Financial Officers Council for financial
management initiatives, the Chief Information Officers Council
for information technology initiatives, the Chief Human Capital
Officers Council for human capital initiatives, the Chief
Acquisition Officers Council for procurement initiatives, and
the Performance Improvement Council for performance improvement
initiatives): Provided further, That the total funds
transferred or reimbursed shall not exceed $17,000,000 for
Government-Wide innovations, initiatives, and activities:
Provided further, That the funds transferred to or for
reimbursement of ``General Services Administration, Government-
wide Policy'' during fiscal year 2012 shall remain available
for obligation through September 30, 2013: Provided further,
That such transfers or reimbursements may only be made after 15
days following notification of the Committees on Appropriations
by the Director of the Office of Management and Budget.
Sec. 723. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child are
otherwise authorized to be present at the location.
Sec. 724. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the interagency
funding of specific projects, workshops, studies, and similar
efforts to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No. 12881),
which benefit multiple Federal departments, agencies, or
entities: Provided, That the Office of Management and Budget
shall provide a report describing the budget of and resources
connected with the National Science and Technology Council to
the Committees on Appropriations, the House Committee on
Science and Technology, and the Senate Committee on Commerce,
Science, and Transportation 90 days after enactment of this
Act.
Sec. 725. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds shall
indicate the agency providing the funds, the Catalog of Federal
Domestic Assistance Number, as applicable, and the amount
provided: Provided, That this provision shall apply to direct
payments, formula funds, and grants received by a State
receiving Federal funds.
Sec. 726. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in
this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation
of data, derived from any means, that includes any
personally identifiable information relating to an
individual's access to or use of any Federal Government
Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect,
review, or obtain any aggregation of data, derived from
any means, that includes any personally identifiable
information relating to an individual's access to or
use of any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not
identify particular persons;
(2) any voluntary submission of personally
identifiable information;
(3) any action taken for law enforcement,
regulatory, or supervisory purposes, in accordance with
applicable law; or
(4) any action described in subsection (a)(1) that
is a system security action taken by the operator of an
Internet site and is necessarily incident to providing
the Internet site services or to protecting the rights
or property of the provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in
law.
(2) The term ``supervisory'' means examinations of
the agency's supervised institutions, including
assessing safety and soundness, overall financial
condition, management practices and policies and
compliance with applicable standards as provided in
law.
Sec. 727. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes a
provision providing prescription drug coverage, except where
the contract also includes a provision for contraceptive
coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for
the plan objects to such coverage on the basis of
religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 728. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as
performed by nationally recognized oversight authorities.
Sec. 729. Notwithstanding any other provision of law,
funds appropriated for official travel by Federal departments
and agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-126
regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot program.
Sec. 730. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this Act or
any other appropriations Act may be used to implement or
enforce restrictions or limitations on the Coast Guard
Congressional Fellowship Program, or to implement the proposed
regulations of the Office of Personnel Management to add
sections 300.311 through 300.316 to part 300 of title 5 of the
Code of Federal Regulations, published in the Federal Register,
volume 68, number 174, on September 9, 2003 (relating to the
detail of executive branch employees to the legislative
branch).
Sec. 731. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, and/or lease
any additional facilities, except within or contiguous to
existing locations, to be used for the purpose of conducting
Federal law enforcement training without the advance approval
of the Committees on Appropriations of the House of
Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the
temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Center facilities.
Sec. 732. (a) For fiscal year 2012, no funds shall be
available for transfers or reimbursements to the E-Government
initiatives sponsored by the Office of Management and Budget
prior to 15 days following submission of a report to the
Committees on Appropriations of the House of Representatives
and the Senate by the Director of the Office of Management and
Budget and receipt of approval to transfer funds by the
Committees on Appropriations of the House of Representatives
and the Senate.
(b) The report in subsection (a) and other required
justification materials shall include at a minimum--
(1) a description of each initiative including but
not limited to its objectives, benefits, development
status, risks, cost effectiveness (including estimated
net costs or savings to the government), and the
estimated date of full operational capability;
(2) the total development cost of each initiative
by fiscal year including costs to date, the estimated
costs to complete its development to full operational
capability, and estimated annual operations and
maintenance costs; and
(3) the sources and distribution of funding by
fiscal year and by agency and bureau for each
initiative including agency contributions to date and
estimated future contributions by agency.
(c) No funds shall be available for obligation or
expenditure for new E-Government initiatives without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate.
Sec. 733. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or
announce a study or public-private competition regarding the
conversion to contractor performance of any function performed
by Federal employees pursuant to Office of Management and
Budget Circular A-76 or any other administrative regulation,
directive, or policy.
Sec. 734. Unless otherwise authorized by existing law,
none of the funds provided in this Act or any other Act may be
used by an executive branch agency to produce any prepackaged
news story intended for broadcast or distribution in the United
States, unless the story includes a clear notification within
the text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that executive
branch agency.
Sec. 735. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act) and
regulations implementing that section.
Sec. 736. Each executive department and agency shall
evaluate the creditworthiness of an individual before issuing
the individual a government travel charge card. Such
evaluations for individually billed travel charge cards shall
include an assessment of the individual's consumer report from
a consumer reporting agency as those terms are defined in
section 603 of the Fair Credit Reporting Act (Public Law 91-
508): Provided, That the department or agency may not issue a
government travel charge card to an individual that either
lacks a credit history or is found to have an unsatisfactory
credit history as a result of this evaluation: Provided
further, That this restriction shall not preclude issuance of a
restricted-use charge, debit, or stored value card made in
accordance with agency procedures to: (1) an individual with an
unsatisfactory credit history where such card is used to pay
travel expenses and the agency determines there is no suitable
alternative payment mechanism available before issuing the
card; or (2) an individual who lacks a credit history. Each
executive department and agency shall establish guidelines and
procedures for disciplinary actions to be taken against agency
personnel for improper, fraudulent, or abusive use of
government charge cards, which shall include appropriate
disciplinary actions for use of charge cards for purposes, and
at establishments, that are inconsistent with the official
business of the Department or agency or with applicable
standards of conduct.
Sec. 737. (a) Definitions.--For purposes of this section
the following definitions apply:
(1) Great lakes.--The terms ``Great Lakes'' and
``Great Lakes State'' have the same meanings as such
terms have in section 506 of the Water Resources
Development Act of 2000 (42 U.S.C. 1962d-22).
(2) Great lakes restoration activities.--The term
``Great Lakes restoration activities'' means any
Federal or State activity primarily or entirely within
the Great Lakes watershed that seeks to improve the
overall health of the Great Lakes ecosystem.
(b) Report.--Not later than 45 days after submission of the
budget of the President to Congress, the Director of the Office
of Management and Budget, in coordination with the Governor of
each Great Lakes State and the Great Lakes Interagency Task
Force, shall submit to the appropriate authorizing and
appropriating committees of the Senate and the House of
Representatives a financial report, certified by the Secretary
of each agency that has budget authority for Great Lakes
restoration activities, containing--
(1) an interagency budget crosscut report that--
(A) displays the budget proposed, including
any planned interagency or intra-agency
transfer, for each of the Federal agencies that
carries out Great Lakes restoration activities
in the upcoming fiscal year, separately
reporting the amount of funding to be provided
under existing laws pertaining to the Great
Lakes ecosystem; and
(B) identifies all expenditures since
fiscal year 2004 by the Federal Government and
State governments for Great Lakes restoration
activities;
(2) a detailed accounting of all funds received and
obligated by all Federal agencies and, to the extent
available, State agencies using Federal funds, for
Great Lakes restoration activities during the current
and previous fiscal years;
(3) a budget for the proposed projects (including a
description of the project, authorization level, and
project status) to be carried out in the upcoming
fiscal year with the Federal portion of funds for
activities; and
(4) a listing of all projects to be undertaken in
the upcoming fiscal year with the Federal portion of
funds for activities.
Sec. 738. (a) In General.--None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive
subsection (a) with respect to any Federal Government
contract under the authority of such Secretary if the
Secretary determines that the waiver is required in the
interest of national security.
(2) Report to congress.--Any Secretary issuing a
waiver under paragraph (1) shall report such issuance
to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant to
such contract.
Sec. 739. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or
apply the rule entitled ``Competitive Area'' published by the
Office of Personnel Management in the Federal Register on April
15, 2008 (73 Fed. Reg. 20180 et seq.).
Sec. 740. Section 743 of the Consolidated Appropriations
Act, 2010 (Public Law 111-117; 31 U.S.C. 501 note) is amended
in subsection (a)(3), by inserting after ``exercise of an
option'' the following: ``, and task orders issued under any
such contract,''.
Sec. 741. During fiscal year 2012, for each employee who--
(1) retires under section 8336(d)(2) or
8414(b)(1)(B) of title 5, United States Code, or
(2) retires under any other provision of subchapter
III of chapter 83 or chapter 84 of such title 5 and
receives a payment as an incentive to separate, the
separating agency shall remit to the Civil Service
Retirement and Disability Fund an amount equal to the
Office of Personnel Management's average unit cost of
processing a retirement claim for the preceding fiscal
year. Such amounts shall be available until expended to
the Office of Personnel Management and shall be deemed
to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 742. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such title IV or VIII.
Sec. 743. (a) None of the funds made available in this or
any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of
the following information as a condition of submitting the
offer:
(1) Any payment consisting of a contribution,
expenditure, independent expenditure, or disbursement
for an electioneering communication that is made by the
entity, its officers or directors, or any of its
affiliates or subsidiaries to a candidate for election
for Federal office or to a political committee, or that
is otherwise made with respect to any election for
Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its
officers or directors, or any of its affiliates or
subsidiaries to any person with the intent or the
reasonable expectation that the person will use the
funds to make a payment described in paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', and ``Federal
office'' has the meaning given such term in the Federal
Election Campaign Act of 1971 (2 U.S.C. 431 et seq.).
Sec. 744. Notwithstanding any other provision of law,
until September 30, 2013, of the amounts made available for
information technology investments under the heading
``Independent Agencies, Commodity Futures Trading Commission''
in the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2012
(division A of Public Law 112-55), the Chairman of the
Commodity Futures Trading Commission may transfer not to exceed
$10,000,000 under such heading for salaries and expenses of
such Commission: Provided, That any transfer pursuant to this
section shall be subject to the notification procedures set
forth in section 730 of such Act with respect to a
reprogramming of funds and shall not be available for
obligation or expenditure except in compliance with such
procedures.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfer of funds)
Sec. 801. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 802. None of the Federal funds provided in this Act
shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to
support or defeat legislation pending before Congress or any
State legislature.
Sec. 803. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2012, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditures for an
agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or
responsibility center;
(3) establishes or changes allocations specifically
denied, limited or increased under this Act;
(4) increases funds or personnel by any means for
any program, project, or responsibility center for
which funds have been denied or restricted;
(5) re-establishes any program or project
previously deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds
in excess of $3,000,000 or 10 percent, whichever is
less; or
(7) increases by 20 percent or more personnel
assigned to a specific program, project or
responsibility center,
unless the Committees on Appropriations of the House of
Representatives and the Senate are notified in writing 15 days
in advance of the reprogramming.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of
local funds under this title through November 1, 2012.
Sec. 804. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the offices
of United States Senator or United States Representative under
section 4(d) of the District of Columbia Statehood
Constitutional Convention Initiatives of 1979 (D.C. Law 3-171;
D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance of
the officer's or employee's official duties. For purposes of
this section, the term ``official duties'' does not include
travel between the officer's or employee's residence and
workplace, except in the case of--
(1) an officer or employee of the Metropolitan
Police Department who resides in the District of
Columbia or a District of Columbia government employee
as may otherwise be designated by the Chief of the
Department;
(2) at the discretion of the Fire Chief, an officer
or employee of the District of Columbia Fire and
Emergency Medical Services Department who resides in
the District of Columbia and is on call 24 hours a day
or is otherwise designated by the Fire Chief;
(3) at the discretion of the Director of the
Department of Corrections, an officer or employee of
the District of Columbia Department of Corrections who
resides in the District of Columbia and is on call 24
hours a day or is otherwise designated by the Director;
(4) the Mayor of the District of Columbia; and
(5) the Chairman of the Council of the District of
Columbia.
Sec. 806. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General or
any other officer or entity of the District government to
provide assistance for any petition drive or civil action which
seeks to require Congress to provide for voting representation
in Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 807. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the purpose
of preventing the spread of blood borne pathogens in any
location that has been determined by the local public health or
local law enforcement authorities to be inappropriate for such
distribution.
Sec. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive coverage
by health insurance plans, but it is the intent of Congress
that any legislation enacted on such issue should include a
``conscience clause'' which provides exceptions for religious
beliefs and moral convictions.
Sec. 809. Hereafter, as part of the submission of the
annual budget justification, the Mayor of the District of
Columbia shall submit to the Committees on Appropriations of
the House of Representatives and the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate a report addressing--
(1) crime, including the homicide rate,
implementation of community policing, and the number of
police officers on local beats;
(2) access to substance and alcohol abuse
treatment, including the number of treatment slots, the
number of people served, the number of people on
waiting lists, and the effectiveness of treatment
programs, the retention rates in treatment programs,
and the recidivism/re-arrest rates for treatment
participants;
(3) education, including access to special
education services and student achievement to be
provided in consultation with the District of Columbia
Public Schools, repeated grade rates, high school
graduation rates, and post-secondary education
attendance rates;
(4) improvement in basic District services,
including rat control and abatement; and
(5) application for and management of Federal
grants, including the number and type of grants for
which the District was eligible but failed to apply and
the number and type of grants awarded to the District
but for which the District failed to spend the amounts
received.
Sec. 810. None of the Federal funds contained in this Act
may be used to enact or carry out any law, rule, or regulation
to legalize or otherwise reduce penalties associated with the
possession, use, or distribution of any schedule I substance
under the Controlled Substances Act (21 U.S.C. 801 et seq.) or
any tetrahydrocannabinols derivative.
Sec. 811. None of the funds appropriated under this Act
shall be expended for any abortion except where the life of the
mother would be endangered if the fetus were carried to term or
where the pregnancy is the result of an act of rape or incest.
Sec. 812. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia
government for fiscal year 2012 that is in the total amount of
the approved appropriation and that realigns all budgeted data
for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which
the Chief Financial Officer for the District of Columbia
certifies that a reallocation is required to address
unanticipated changes in program requirements.
Sec. 813. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for the
District of Columbia shall submit to the appropriate committees
of Congress, the Mayor, and the Council for the District of
Columbia, a revised appropriated funds operating budget for the
District of Columbia Public Schools that aligns schools budgets
to actual enrollment. The revised appropriated funds budget
shall be in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, Sec. 1-
204.42).
Sec. 814. Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia's
enterprise and capital funds and such amounts, once
transferred, shall retain appropriation authority consistent
with the provisions of this Act.
Sec. 815. Notwithstanding any other laws, for this and
succeeding fiscal years, the Director of the District of
Columbia Public Defender Service shall, to the extent the
Director considers appropriate, provide representation for and
hold harmless, or provide liability insurance for, any person
who is an employee, member of the Board of Trustees, or officer
of the District of Columbia Public Defender Service for money
damages arising out of any claim, proceeding, or case at law
relating to the furnishing of representational services or
management services or related services while acting within the
scope of that person's office or employment, including, but not
limited to such claims, proceedings, or cases at law involving
employment actions, injury, loss of liberty, property damage,
loss of property, or personal injury, or death arising from
malpractice or negligence of any such officer or employee.
Sec. 816. Section 346 of the District of Columbia
Appropriations Act, 2005 (Public Law 108-335) is amended--
(1) in the title, by striking ``Biennial'';
(2) in subsection (a), by striking ``Biennial
management'' and inserting ``Management'';
(3) in subsection (a), by striking ``States.'' and
inserting ``States every five years.''; and
(4) in subsection (b)(6), by striking ``2'' and
inserting ``5''.
Sec. 817. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of this
title or of title IV.
This division may be cited as the ``Financial Services and
General Government Appropriations Act, 2012''.
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2012
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of
Homeland Security, as authorized by section 102 of the Homeland
Security Act of 2002 (6 U.S.C. 112), and executive management
of the Department of Homeland Security, as authorized by law,
$133,159,000: Provided, That not to exceed $51,000 shall be
for official reception and representation expenses, of which
$17,000 shall be made available to the Office of Policy for
Visa Waiver Program negotiations in Washington, DC, and for
other international activities: Provided further, That all
official costs associated with the use of government aircraft
by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall
be paid from amounts made available for the Immediate Office of
the Secretary and the Immediate Office of the Deputy Secretary:
Provided further, That of the total amount made available
under this heading, $1,800,000 shall remain available until
March 30, 2012, for the Office of Counternarcotics Enforcement,
of which up to $1,800,000 may, notwithstanding section 503 of
this Act, be transferred to the Office of Policy: Provided
further, That amounts transferred pursuant to the preceding
proviso shall remain available until September 30, 2012:
Provided further, That the Assistant Secretary for Policy shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives not later than March 30, 2012, an
expenditure plan for the Office of Policy which includes a
detailed description of any funds transferred to the Office for
counternarcotics enforcement and activities related to risk
management and analysis: Provided further, That $30,000,000
shall not be available for obligation until the Secretary of
Homeland Security submits to the Committees on Appropriations
of the Senate and the House of Representatives a comprehensive
plan for implementation of the biometric air exit system, as
mandated in Public Law 110-53, including the estimated costs of
implementation.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary
for Management, as authorized by sections 701 through 705 of
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345),
$235,587,000, of which not to exceed $2,500 shall be for
official reception and representation expenses: Provided, That
of the total amount made available under this heading,
$5,000,000 shall remain available until September 30, 2016,
solely for the alteration and improvement of facilities, tenant
improvements, and relocation costs to consolidate Department
headquarters operations at the Nebraska Avenue Complex; and
$14,172,000 shall remain available until September 30, 2014,
for the Human Resources Information Technology program:
Provided further, That the Under Secretary for Management
shall, pursuant to the requirements contained in the joint
statement of managers accompanying this Act, provide to the
Committees on Appropriations of the Senate and the House of
Representatives a Comprehensive Acquisition Status Report with
the President's budget for fiscal year 2013 as submitted under
section 1105(a) of title 31, United States Code, and quarterly
updates to such report not later than 30 days after the
completion of each quarter.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security
Act of 2002 (6 U.S.C. 113), $50,860,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, as authorized by section 103 of the
Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
wide technology investments, $257,300,000; of which
$105,500,000 shall be available for salaries and expenses; and
of which $151,800,000, to remain available until September 30,
2014, shall be available for development and acquisition of
information technology equipment, software, services, and
related activities for the Department of Homeland Security:
Provided, That the Department of Homeland Security Chief
Information Officer shall submit to the Committees on
Appropriations of the Senate and the House of Representatives,
at the time that the President's budget is submitted each year
under section 1105(a) of title 31, United States Code, a multi-
year investment and management plan, to include each of fiscal
years 2012 through 2015, for all information technology
acquisition projects funded under this heading or funded by
multiple components of the Department of Homeland Security
through reimbursable agreements, that includes--
(1) the proposed appropriations included for each
project and activity tied to mission requirements,
program management capabilities, performance levels,
and specific capabilities and services to be delivered;
(2) the total estimated cost and projected timeline
of completion for all multi-year enhancements,
modernizations, and new capabilities that are proposed
in such budget or underway;
(3) a detailed accounting of operations and
maintenance and contractor services costs; and
(4) a current acquisition program baseline for each
project, that--
(A) notes and explains any deviations in
cost, performance parameters, schedule, or
estimated date of completion from the original
acquisition program baseline;
(B) aligns the acquisition programs covered
by the baseline to mission requirements by
defining existing capabilities, identifying
known capability gaps between such existing
capabilities and stated mission requirements,
and explaining how each increment will address
such known capability gaps; and
(C) defines life-cycle costs for such
programs.
Analysis and Operations
For necessary expenses for intelligence analysis and
operations coordination activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$338,068,000; of which not to exceed $4,250 shall be for
official reception and representation expenses; and of which
$141,521,000 shall remain available until September 30, 2013.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978 (5 U.S.C. App.), $117,000,000, of which not to exceed
$300,000 may be used for certain confidential operational
expenses, including the payment of informants, to be expended
at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to
border security, immigration, customs, agricultural inspections
and regulatory activities related to plant and animal imports,
and transportation of unaccompanied minor aliens; purchase and
lease of up to 7,500 (6,500 for replacement only) police-type
vehicles; and contracting with individuals for personal
services abroad; $8,680,118,000; of which $3,274,000 shall be
derived from the Harbor Maintenance Trust Fund for
administrative expenses related to the collection of the Harbor
Maintenance Fee pursuant to section 9505(c)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding
section 1511(e)(1) of the Homeland Security Act of 2002 (6
U.S.C. 551(e)(1)); of which not to exceed $38,250 shall be for
official reception and representation expenses; of which not
less than $287,901,000 shall be for Air and Marine Operations;
of which such sums as become available in the Customs User Fee
Account, except sums subject to section 13031(f)(3) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(f)(3)), shall be derived from that account; of which
not to exceed $150,000 shall be available for payment for
rental space in connection with preclearance operations; of
which not to exceed $1,000,000 shall be for awards of
compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security:
Provided, That for fiscal year 2012, the overtime limitation
prescribed in section 5(c)(1) of the Act of February 13, 1911
(19 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding any
other provision of law, none of the funds appropriated by this
Act may be available to compensate any employee of U.S. Customs
and Border Protection for overtime, from whatever source, in an
amount that exceeds such limitation, except in individual cases
determined by the Secretary of Homeland Security, or the
designee of the Secretary, to be necessary for national
security purposes, to prevent excessive costs, or in cases of
immigration emergencies: Provided further, That the Border
Patrol shall maintain an active duty presence of not less than
21,370 full-time equivalent agents protecting the borders of
the United States in the fiscal year: Provided further, That
the Commissioner of U.S. Customs and Border Protection shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives, with the congressional budget
justification, a multi-year investment and management plan, to
include each fiscal year starting with the current fiscal year
and the 3 subsequent fiscal years, for inspection and detection
technology supporting operations under this heading, including
all non-intrusive inspection and radiation detection
technology, that provides--
(1) the funding level for all inspection and
detection technology equipment by source;
(2) the inventory of inspection and detection
technology equipment by type and age;
(3) the proposed appropriations for procurement of
inspection and detection technology equipment by type,
including quantity, for deployment, and for operations
and maintenance;
(4) projected funding levels for procurement of
inspection and detection technology equipment by type,
including quantity, for deployment, and for operations
and maintenance for each of the 3 subsequent fiscal
years; and
(5) a current acquisition program baseline that--
(A) aligns the acquisition of each
technology to mission requirements by defining
existing capabilities of comparable legacy
technology assets, identifying known capability
gaps between such existing capabilities and
stated mission requirements, and explaining how
the acquisition of each technology will address
such known capability gaps;
(B) defines life-cycle costs for each
technology, including all associated costs of
major acquisitions systems infrastructure and
transition to operations, delineated by purpose
and fiscal year for the projected service life
of the technology; and
(C) includes a phase-out and
decommissioning schedule delineated by fiscal
year for existing legacy technology assets that
each technology is intended to replace or
recapitalize.
automation modernization
For expenses for U.S. Customs and Border Protection
automated systems, $334,275,000, to remain available until
September 30, 2014, of which not less than $140,000,000 shall
be for the development of the Automated Commercial Environment:
Provided, That of the total amount made available under this
heading, $25,000,000 may not be obligated for the Automated
Commercial Environment program until the Commissioner of U.S.
Customs and Border Protection submits to the Committees on
Appropriations of the Senate and the House of Representatives,
not later than 60 days after the date of enactment of this Act,
an expenditure plan for the Automated Commercial Environment
program including results to date, plans for the program, and a
list of projects with associated funding from prior
appropriations and provided by this Act.
border security fencing, infrastructure, and technology
For expenses for border security fencing, infrastructure,
and technology, $400,000,000, to remain available until
September 30, 2014: Provided, That of the total amount made
available under this heading, $60,000,000 shall not be
obligated until the Committees on Appropriations of the Senate
and the House of Representatives receive a detailed plan for
expenditure, prepared by the Commissioner of U.S. Customs and
Border Protection, and submitted not later than 90 days after
the date of enactment of this Act, for a program to establish
and maintain a security barrier along the borders of the United
States of fencing and vehicle barriers, where practicable, and
of other forms of tactical infrastructure and technology:
Provided further, That the Commissioner of U.S. Customs and
Border Protection shall submit to the Committees on
Appropriations of the Senate and the House of Representatives,
at the time that the President's budget is submitted each year
under section 1105(a) of title 31, United States Code, a multi-
year investment and management plan for the Border Security
Fencing, Infrastructure, and Technology account, that includes
for each tactical infrastructure and technology deployment--
(1) the funding level in that budget and projected
funding levels for each of the next 3 fiscal years,
including a description of the purpose of such funds;
(2) the deployment plan, by border segment, that
aligns each deployment to mission requirements by
defining existing capabilities, identifying known
capability gaps between such existing capabilities and
stated mission requirements related to achieving
operational control, and explaining how each tactical
infrastructure or technology deployment will address
such known capability gaps; and
(3) a current acquisition program baseline that--
(A) notes and explains any deviations in
cost, performance parameters, schedule, or
estimated date of completion from the most
recent acquisition program baseline approved by
the Department of Homeland Security Acquisition
Review Board;
(B) includes a phase-out and life-cycle
recapitalization schedule delineated by fiscal
year for existing and new tactical
infrastructure and technology deployments that
each deployment is intended to replace or
recapitalize; and
(C) includes qualitative performance
metrics that assess the effectiveness of new
and existing tactical infrastructure and
technology deployments and inform the next
multi-year investment and management plan
related to achieving operational control of the
Northern and Southwest borders of the United
States.
air and marine interdiction, operations, maintenance, and procurement
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft
systems, and other related equipment of the air and marine
program, including operational training and mission-related
travel, the operations of which include the following: the
interdiction of narcotics and other goods; the provision of
support to Federal, State, and local agencies in the
enforcement or administration of laws enforced by the
Department of Homeland Security; and, at the discretion of the
Secretary of Homeland Security, the provision of assistance to
Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts, $503,966,000, to remain
available until September 30, 2014: Provided, That no aircraft
or other related equipment, with the exception of aircraft that
are one of a kind and have been identified as excess to U.S.
Customs and Border Protection requirements and aircraft that
have been damaged beyond repair, shall be transferred to any
other Federal agency, department, or office outside of the
Department of Homeland Security during fiscal year 2012 without
the prior approval of the Committees on Appropriations of the
Senate and the House of Representatives: Provided further,
That the Secretary of Homeland Security shall report to the
Committees on Appropriations of the Senate and the House of
Representatives, not later than 90 days after the date of
enactment of this Act, on the update to the 5-year strategic
plan for the air and marine program directed in conference
report 109-241 accompanying Public Law 109-90 that addresses
missions, structure, operations, equipment, facilities, and
resources including deployment and command and control
requirements, and includes a recapitalization plan with
milestones and funding, and a detailed staffing plan with
associated costs to achieve full staffing to meet all mission
requirements.
construction and facilities management
For necessary expenses to plan, acquire, construct,
renovate, equip, furnish, operate, manage, and maintain
buildings, facilities, and related infrastructure necessary for
the administration and enforcement of the laws relating to
customs, immigration, and border security, $236,596,000, to
remain available until September 30, 2016: Provided, That for
fiscal year 2012 and thereafter, the annual budget submission
of U.S. Customs and Border Protection for ``Construction and
Facilities Management'' shall, in consultation with the General
Services Administration, include a detailed 5-year plan for all
Federal land border port of entry projects with a yearly update
of total projected future funding needs delineated by land port
of entry: Provided further, That the Commissioner of U.S.
Customs and Border Protection shall submit to the Committees on
Appropriations of the Senate and the House of Representatives,
at the time that the President's budget is submitted each year
under section 1105(a) of title 31, United States Code, an
inventory of the real property of U.S. Customs and Border
Protection and a plan for each activity and project proposed
for funding under this heading that includes the full cost by
fiscal year of each activity and project proposed and underway
in fiscal year 2013.
U.S. Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations,
including overseas vetted units operations; and purchase and
lease of up to 3,790 (2,350 for replacement only) police-type
vehicles; $5,528,874,000; of which not to exceed $10,000,000
shall be available until expended for conducting special
operations under section 3131 of the Customs Enforcement Act of
1986 (19 U.S.C. 2081); of which not to exceed $12,750 shall be
for official reception and representation expenses; of which
not to exceed $2,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate of
the Secretary of Homeland Security; of which not less than
$305,000 shall be for promotion of public awareness of the
child pornography tipline and activities to counter child
exploitation; of which not less than $5,400,000 shall be used
to facilitate agreements consistent with section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)); and of
which not to exceed $11,216,000 shall be available to fund or
reimburse other Federal agencies for the costs associated with
the care, maintenance, and repatriation of smuggled aliens
unlawfully present in the United States: Provided, That none
of the funds made available under this heading shall be
available to compensate any employee for overtime in an annual
amount in excess of $35,000, except that the Secretary of
Homeland Security, or the designee of the Secretary, may waive
that amount as necessary for national security purposes and in
cases of immigration emergencies: Provided further, That of
the total amount provided, $15,770,000 shall be for activities
to enforce laws against forced child labor, of which not to
exceed $6,000,000 shall remain available until expended:
Provided further, That of the total amount available, not less
than $1,600,000,000 shall be available to identify aliens
convicted of a crime who may be deportable, and to remove them
from the United States once they are judged deportable, of
which $189,064,000 shall remain available until September 30,
2013: Provided further, That the Assistant Secretary of
Homeland Security for U.S. Immigration and Customs Enforcement
shall report to the Committees on Appropriations of the Senate
and the House of Representatives, not later than 45 days after
the end of each quarter of the fiscal year, on progress in
implementing the preceding proviso and the funds obligated
during that quarter to make such progress: Provided further,
That the Secretary of Homeland Security shall prioritize the
identification and removal of aliens convicted of a crime by
the severity of that crime: Provided further, That funding
made available under this heading shall maintain a level of not
less than 34,000 detention beds through September 30, 2012:
Provided further, That of the total amount provided, not less
than $2,750,843,000 is for detention and removal operations,
including transportation of unaccompanied minor aliens:
Provided further, That of the total amount provided,
$10,300,000 shall remain available until September 30, 2013,
for the Visa Security Program: Provided further, That none of
the funds provided under this heading may be used to continue a
delegation of law enforcement authority authorized under
section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector
General determines that the terms of the agreement governing
the delegation of authority have been violated: Provided
further, That none of the funds provided under this heading may
be used to continue any contract for the provision of detention
services if the two most recent overall performance evaluations
received by the contracted facility are less than ``adequate''
or the equivalent median score in any subsequent performance
evaluation system: Provided further, That nothing under this
heading shall prevent U.S. Immigration and Customs Enforcement
from exercising those authorities provided under immigration
laws (as defined in section 101(a)(17) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(17))) during priority
operations pertaining to aliens convicted of a crime.
automation modernization
For expenses of immigration and customs enforcement
automated systems, $21,710,000, to remain available until
September 30, 2016.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security
services pursuant to the Aviation and Transportation Security
Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note),
$5,253,956,000, to remain available until September 30, 2013,
of which not to exceed $8,500 shall be for official reception
and representation expenses: Provided, That of the total
amount made available under this heading, not to exceed
$4,167,631,000 shall be for screening operations, of which
$543,103,000 shall be available for explosives detection
systems; $204,768,000 shall be for checkpoint support; and not
to exceed $1,086,325,000 shall be for aviation security
direction and enforcement: Provided further, That of the
amount made available in the preceding proviso for explosives
detection systems, $222,738,000 shall be available for the
purchase and installation of these systems, of which not less
than 10 percent shall be available for the purchase and
installation of certified explosives detection systems at
medium- and small-sized airports: Provided further, That any
award to deploy explosives detection systems shall be based on
risk, the airport's current reliance on other screening
solutions, lobby congestion resulting in increased security
concerns, high injury rates, airport readiness, and increased
cost effectiveness: Provided further, That security service
fees authorized under section 44940 of title 49, United States
Code, shall be credited to this appropriation as offsetting
collections and shall be available only for aviation security:
Provided further, That the sum appropriated under this heading
from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during fiscal
year 2012 so as to result in a final fiscal year appropriation
from the general fund estimated at not more than
$3,223,956,000: Provided further, That any security service
fees collected in excess of the amount made available under
this heading shall become available during fiscal year 2013:
Provided further, That notwithstanding section 44923 of title
49, United States Code, for fiscal year 2012, any funds in the
Aviation Security Capital Fund established by section 44923(h)
of title 49, United States Code, may be used for the
procurement and installation of explosives detection systems or
for the issuance of other transaction agreements for the
purpose of funding projects described in section 44923(a):
Provided further, That none of the funds made available in this
Act may be used for any recruiting or hiring of personnel into
the Transportation Security Administration that would cause the
agency to exceed a staffing level of 46,000 full-time
equivalent screeners: Provided further, That the preceding
proviso shall not apply to personnel hired as part-time
employees: Provided further, That not later than 90 days after
the date of enactment of this Act, the Secretary of Homeland
Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives a detailed report
on--
(1) the Department of Homeland Security efforts and
resources being devoted to develop more advanced
integrated passenger screening technologies for the
most effective security of passengers and baggage at
the lowest possible operating and acquisition costs;
(2) how the Transportation Security Administration
is deploying its existing passenger and baggage
screener workforce in the most cost effective manner;
and
(3) labor savings from the deployment of improved
technologies for passenger and baggage screening and
how those savings are being used to offset security
costs or reinvested to address security
vulnerabilities:
Provided further, That Members of the United States House of
Representatives and United States Senate, including the
leadership; the heads of Federal agencies and commissions,
including the Secretary, Deputy Secretary, Under Secretaries,
and Assistant Secretaries of the Department of Homeland
Security; the United States Attorney General, Deputy Attorney
General, Assistant Attorneys General, and the United States
Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management
and Budget, shall not be exempt from Federal passenger and
baggage screening.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to surface transportation security
activities, $134,748,000, to remain available until September
30, 2013.
transportation threat assessment and credentialing
For necessary expenses for the development and
implementation of screening programs of the Office of
Transportation Threat Assessment and Credentialing,
$163,954,000, to remain available until September 30, 2013.
transportation security support
For necessary expenses of the Transportation Security
Administration related to transportation security support and
intelligence pursuant to the Aviation and Transportation
Security Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101
note), $1,031,926,000, to remain available until September 30,
2013: Provided, That of the funds appropriated under this
heading, $20,000,000 may not be obligated for headquarters
administration until the Administrator of the Transportation
Security Administration submits to the Committees on
Appropriations of the Senate and the House of Representatives
detailed expenditure plans for air cargo security, checkpoint
support, and explosives detection systems refurbishment,
procurement, and installations on an airport-by-airport basis
for fiscal year 2012: Provided further, That these plans shall
be submitted not later than 60 days after the date of enactment
of this Act.
federal air marshals
For necessary expenses of the Federal Air Marshals,
$966,115,000.
Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of
the Coast Guard, not otherwise provided for; purchase or lease
of not to exceed 25 passenger motor vehicles, which shall be
for replacement only; purchase or lease of small boats for
contingent and emergent requirements (at a unit cost of no more
than $700,000) and repairs and service-life replacements, not
to exceed a total of $31,000,000; purchase or lease of boats
necessary for overseas deployments and activities; minor shore
construction projects not exceeding $1,000,000 in total cost at
any location; payments pursuant to section 156 of Public Law
97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and
welfare; $7,051,054,000, of which $598,000,000 shall be for
defense-related activities, of which $258,000,000 is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985; of which
$24,500,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which not
to exceed $17,000 shall be for official reception and
representation expenses: Provided, That none of the funds made
available by this Act shall be for expenses incurred for
recreational vessels under section 12114 of title 46, United
States Code, except to the extent fees are collected from
owners of yachts and credited to this appropriation: Provided
further, That the Coast Guard shall comply with the
requirements of section 527 of the National Defense
Authorization Act for Fiscal Year 2004 (10 U.S.C. 4331 note)
with respect to the Coast Guard Academy: Provided further,
That of the funds provided under this heading, $75,000,000
shall be withheld from obligation for Coast Guard Headquarters
Directorates until a revised future-years capital investment
plan for fiscal years 2013 through 2017, as specified under the
heading Coast Guard ``Acquisition, Construction, and
Improvements'' of this Act is submitted to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided further, That funds made available under this heading
for Overseas Contingency Operations/Global War on Terrorism may
be allocated by program, project, and activity, notwithstanding
section 503 of this Act.
environmental compliance and restoration
For necessary expenses to carry out the environmental
compliance and restoration functions of the Coast Guard under
chapter 19 of title 14, United States Code, $13,500,000, to
remain available until September 30, 2016.
reserve training
For necessary expenses of the Coast Guard Reserve, as
authorized by law; operations and maintenance of the Coast
Guard reserve program; personnel and training costs; and
equipment and services; $134,278,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment related
thereto; and maintenance, rehabilitation, lease and operation
of facilities and equipment; as authorized by law;
$1,403,924,000, of which $20,000,000 shall be derived from the
Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); of which $20,000,000 shall remain available until
September 30, 2016, for military family housing, of which not
more than $14,000,000 shall be derived from the Coast Guard
Housing Fund, established pursuant to 14 U.S.C. 687; of which
$642,000,000 shall be available until September 30, 2016, to
acquire, effect major repairs to, renovate, or improve vessels,
small boats, and related equipment; of which $289,900,000 shall
be available until September 30, 2016, to acquire, effect major
repairs to, renovate, or improve aircraft or increase aviation
capability; of which $161,140,000 shall be available until
September 30, 2016, for other acquisition programs; of which
$180,692,000 shall be available until September 30, 2016, for
shore facilities and aids to navigation, including waterfront
facilities at Navy installations used by the Coast Guard; of
which $110,192,000 shall be available for personnel
compensation and benefits and related costs: Provided, That
the funds provided by this Act shall be immediately available
and allotted to contract for long lead time materials,
components, and designs for the sixth National Security Cutter
notwithstanding the availability of funds for production costs
or post-production costs: Provided further, That the Secretary
of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives,
at the time that the President's budget is submitted each year
under section 1105(a) of title 31, United States Code, a
future-years capital investment plan for the Coast Guard that
identifies for each requested capital asset--
(1) the proposed appropriations included in that
budget;
(2) the total estimated cost of completion,
including and clearly delineating the costs of
associated major acquisition systems infrastructure and
transition to operations;
(3) projected funding levels for each fiscal year
for the next 5 fiscal years or until acquisition
program baseline or project completion, whichever is
earlier;
(4) an estimated completion date at the projected
funding levels; and
(5) a current acquisition program baseline for each
capital asset, as applicable, that--
(A) includes the total acquisition cost of
each asset, subdivided by fiscal year and
including a detailed description of the purpose
of the proposed funding levels for each fiscal
year, including for each fiscal year funds
requested for design, pre-acquisition
activities, production, structural
modifications, missionization, post-delivery,
and transition to operations costs;
(B) includes a detailed project schedule
through completion, subdivided by fiscal year,
that details--
(i) quantities planned for each
fiscal year; and
(ii) major acquisition and project
events, including development of
operational requirements, contracting
actions, design reviews, production,
delivery, test and evaluation, and
transition to operations, including
necessary training, shore
infrastructure, and logistics;
(C) notes and explains any deviations in
cost, performance parameters, schedule, or
estimated date of completion from the original
acquisition program baseline and the most
recent baseline approved by the Department of
Homeland Security's Acquisition Review Board,
if applicable;
(D) aligns the acquisition of each asset to
mission requirements by defining existing
capabilities of comparable legacy assets,
identifying known capability gaps between such
existing capabilities and stated mission
requirements, and explaining how the
acquisition of each asset will address such
known capability gaps;
(E) defines life-cycle costs for each asset
and the date of the estimate on which such
costs are based, including all associated costs
of major acquisitions systems infrastructure
and transition to operations, delineated by
purpose and fiscal year for the projected
service life of the asset;
(F) includes the earned value management
system summary schedule performance index and
cost performance index for each asset, if
applicable; and
(G) includes a phase-out and
decommissioning schedule delineated by fiscal
year for each existing legacy asset that each
asset is intended to replace or recapitalize:
Provided further, That the Secretary of Homeland Security shall
ensure that amounts specified in the future-years capital
investment plan are consistent, to the maximum extent
practicable, with proposed appropriations necessary to support
the programs, projects, and activities of the Coast Guard in
the President's budget as submitted under section 1105(a) of
title 31, United States Code, for that fiscal year: Provided
further, That any inconsistencies between the capital
investment plan and proposed appropriations shall be identified
and justified: Provided further, That subsections (a) and (b)
of section 6402 of Public Law 110-28 shall apply with respect
to the amounts made available under this heading.
research, development, test, and evaluation
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance,
rehabilitation, lease, and operation of facilities and
equipment; as authorized by law; $27,779,000, to remain
available until September 30, 2016, of which $500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be
credited to and used for the purposes of this appropriation
funds received from State and local governments, other public
authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and
evaluation.
retired pay
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this purpose,
payments under the Retired Serviceman's Family Protection and
Survivor Benefits Plans, payment for career status bonuses,
concurrent receipts and combat-related special compensation
under the National Defense Authorization Act, and payments for
medical care of retired personnel and their dependents under
chapter 55 of title 10, United States Code, $1,440,157,000, to
remain available until expended.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 652 vehicles for police-
type use for replacement only; hire of passenger motor
vehicles; purchase of motorcycles made in the United States;
hire of aircraft; services of expert witnesses at such rates as
may be determined by the Director of the Secret Service; rental
of buildings in the District of Columbia, and fencing,
lighting, guard booths, and other facilities on private or
other property not in Government ownership or control, as may
be necessary to perform protective functions; payment of per
diem or subsistence allowances to employees in cases in which a
protective assignment on the actual day or days of the visit of
a protectee requires an employee to work 16 hours per day or to
remain overnight at a post of duty; conduct of and
participation in firearms matches; presentation of awards;
travel of United States Secret Service employees on protective
missions without regard to the limitations on such expenditures
in this or any other Act if approval is obtained in advance
from the Committees on Appropriations of the Senate and the
House of Representatives; research and development; grants to
conduct behavioral research in support of protective research
and operations; and payment in advance for commercial
accommodations as may be necessary to perform protective
functions; $1,661,237,000, of which not to exceed $21,250 shall
be for official reception and representation expenses; of which
not to exceed $100,000 shall be to provide technical assistance
and equipment to foreign law enforcement organizations in
counterfeit investigations; of which $2,366,000 shall be for
forensic and related support of investigations of missing and
exploited children; and of which $6,000,000 shall be for a
grant for activities related to investigations of missing and
exploited children and shall remain available until September
30, 2013: Provided, That up to $18,000,000 for protective
travel shall remain available until September 30, 2013:
Provided further, That up to $19,307,000 for National Special
Security Events shall remain available until September 30,
2013: Provided further, That the United States Secret Service
is authorized to obligate funds in anticipation of
reimbursements from Federal agencies and entities, as defined
in section 105 of title 5, United States Code, for personnel
receiving training sponsored by the James J. Rowley Training
Center, except that total obligations at the end of the fiscal
year shall not exceed total budgetary resources available under
this heading at the end of the fiscal year: Provided further,
That none of the funds made available under this heading shall
be available to compensate any employee for overtime in an
annual amount in excess of $35,000, except that the Secretary
of Homeland Security, or the designee of the Secretary, may
waive that amount as necessary for national security purposes:
Provided further, That none of the funds made available to the
United States Secret Service by this Act or by previous
appropriations Acts may be made available for the protection of
the head of a Federal agency other than the Secretary of
Homeland Security: Provided further, That the Director of the
United States Secret Service may enter into an agreement to
provide such protection on a fully reimbursable basis:
Provided further, That of the total amount made available under
this heading, $43,843,000, to remain available until September
30, 2014, is for information integration and technology
transformation: Provided further, That $20,000,000 made
available in the preceding proviso shall not be obligated to
purchase or install information technology equipment until the
Department of Homeland Security Chief Information Officer
submits a report to the Committees on Appropriations of the
Senate and the House of Representatives certifying that all
plans for integration and transformation are consistent with
Department of Homeland Security data center migration and
enterprise architecture requirements: Provided further, That
none of the funds made available to the United States Secret
Service by this Act or by previous appropriations Acts may be
obligated for the purpose of opening a new permanent domestic
or overseas office or location unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such obligation.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction,
repair, alteration, and improvement of facilities, $5,380,000,
to remain available until September 30, 2016.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
management and administration
For salaries and expenses of the Office of the Under
Secretary for the National Protection and Programs Directorate,
support for operations, information technology, and the Office
of Risk Management and Analysis, $50,695,000: Provided, That
not to exceed $4,250 shall be for official reception and
representation expenses: Provided further, That, subject to
section 503 of this Act, the Secretary of Homeland Security may
transfer up to $4,241,000 to the Office of Policy under the
heading Departmental Management and Operations ``Office of the
Secretary and Executive Management'' for activities related to
risk management and analysis: Provided further, That in the
preceding proviso notification shall take place not later than
90 days after the date of enactment of this Act: Provided
further, That any funds not transferred pursuant to the
penultimate proviso shall be available solely to close out the
Office of Risk Management and Analysis not later than September
30, 2012, and shall not be available for further transfer or
reprogramming pursuant to section 503 of this Act.
infrastructure protection and information security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by
title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et
seq.), $888,243,000, of which $200,000,000 shall remain
available until September 30, 2013: Provided, That the Under
Secretary for the National Protection and Programs Directorate
shall submit a plan for expenditure for the National Cyber
Security Division and the Office of Infrastructure Protection,
to the Committees on Appropriations of the Senate and the House
of Representatives, not later than 90 days after the date of
enactment of this Act.
federal protective service
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally owned and
leased buildings and for the operations of the Federal
Protective Service: Provided, That the Secretary of Homeland
Security and the Director of the Office of Management and
Budget shall certify in writing to the Committees on
Appropriations of the Senate and the House of Representatives
not later than December 31, 2011, that the operations of the
Federal Protective Service will be fully funded in fiscal year
2012 through revenues and collection of security fees, and
shall adjust the fees to ensure fee collections are sufficient
to ensure that the Federal Protective Service maintains not
fewer than 1,371 full-time equivalent staff and 1,007 full-time
equivalent Police Officers, Inspectors, Area Commanders, and
Special Agents who, while working, are directly engaged on a
daily basis protecting and enforcing laws at Federal buildings
(referred to as ``in-service field staff''): Provided further,
That an expenditure plan for fiscal year 2012 shall be provided
to the Committees on Appropriations of the Senate and the House
of Representatives not later than 60 days after the date of
enactment of this Act: Provided further, That the Director of
the Federal Protective Service shall include with the
submission of the President's fiscal year 2013 budget a
strategic human capital plan that aligns fee collections to
personnel requirements based on a current threat assessment.
united states visitor and immigrant status indicator technology
For necessary expenses for the United States Visitor and
Immigrant Status Indicator Technology program, as authorized by
section 110 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1365a), $306,802,000, of
which $9,400,000 is for development of a comprehensive plan for
implementation of biometric air exit and improvements to
biographic entry-exit capabilities: Provided, That of the
total amount made available under this heading, $194,295,000 is
to remain available until September 30, 2014: Provided
further, That of the total amount provided, $50,000,000 may not
be obligated for the United States Visitor and Immigrant Status
Indicator Technology program until the Secretary of Homeland
Security submits to the Committees on Appropriations of the
Senate and the House of Representatives at the time that the
President's budget is submitted each year under section 1105(a)
of title 31, United States Code, a multi-year investment and
management plan, to include each fiscal year starting with the
current fiscal year, and the following 3 fiscal years, for the
United States Visitor and Immigrant Status Indicator Technology
program that includes--
(1) the proposed appropriations for each activity
tied to mission requirements and outcomes, program
management capabilities, performance levels, and
specific capabilities and services to be delivered,
noting any deviations in cost or performance from the
prior fiscal year expenditure or investment and
management plan;
(2) the total estimated cost, projected funding by
fiscal year, and projected timeline of completion for
all enhancements, modernizations, and new capabilities
proposed in such budget and underway, including and
clearly delineating associated efforts and funds
requested by other agencies within the Department of
Homeland Security and in the Federal Government, and
detailing any deviations in cost, performance,
schedule, or estimated date of completion provided in
the prior fiscal year expenditure or investment and
management plan; and
(3) a detailed accounting of operations and
maintenance, contractor services, and program costs
associated with the management of identity services.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$167,449,000; of which $29,671,000 is for salaries and expenses
and $90,164,000 is for BioWatch operations: Provided, That
$47,614,000 shall remain available until September 30, 2013,
for biosurveillance, BioWatch Generation 3, chemical defense,
medical and health planning and coordination, and workforce
health protection: Provided further, That not to exceed $2,500
shall be for official reception and representation expenses:
Provided further, That the Assistant Secretary for the Office
of Health Affairs shall submit an expenditure plan for fiscal
year 2012 to the Committees on Appropriations of the Senate and
the House of Representatives not later than 60 days after the
date of enactment of this Act.
Federal Emergency Management Agency
salaries and expenses
For necessary expenses of the Federal Emergency Management
Agency, $895,350,000, including activities authorized by the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.),
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), the Cerro Grande Fire Assistance
Act of 2000 (division C, title I, 114 Stat. 583), the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061
et seq.), sections 107 and 303 of the National Security Act of
1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5
U.S.C. App.), the Homeland Security Act of 2002 (6 U.S.C. 101
et seq.), and the Post-Katrina Emergency Management Reform Act
of 2006 (Public Law 109-295; 120 Stat. 1394): Provided, That
not to exceed $2,500 shall be for official reception and
representation expenses: Provided further, That the
Administrator of the Federal Emergency Management Agency may
reprogram funds made available under this heading between
programs, projects, and activities prior to April 16, 2012,
notwithstanding section 503 of this Act: Provided further,
That $1,400,000 of the funds available for the Office of the
Administrator of the Federal Emergency Management Agency shall
not be available for obligation until the Administrator of the
Federal Emergency Management Agency submits to the Committees
on Appropriations of the Senate and the House of
Representatives the National Preparedness Report required by
Public Law 109-295 and a comprehensive plan to implement a
system to measure the effectiveness of grants to State and
local communities in fiscal year 2012: Provided further, That
for purposes of planning, coordination, execution, and decision
making related to mass evacuation during a disaster, the
Governors of the State of West Virginia and the Commonwealth of
Pennsylvania, or their designees, shall be incorporated into
efforts to integrate the activities of Federal, State, and
local governments in the National Capital Region, as defined in
section 882 of the Homeland Security Act of 2002 (Public Law
107-296): Provided further, That of the total amount made
available under this heading, $41,250,000 shall be for the
Urban Search and Rescue Response System, of which not to exceed
$1,600,000 may be made available for administrative costs;
$5,493,000 shall be for the Office of National Capital Region
Coordination; not to exceed $12,000,000 shall remain available
until September 30, 2013, for capital improvements at the Mount
Weather Emergency Operations Center; and not less than
$13,662,000 shall be for expenses related to modernization of
automated systems: Provided further, That the Administrator of
the Federal Emergency Management Agency, in consultation with
the Department of Homeland Security Chief Information Officer,
shall submit to the Committees on Appropriations of the Senate
and the House of Representatives a strategic plan, not later
than 180 days after the date of enactment of this Act, for the
funds specified in the preceding proviso related to
modernization of automated systems, that includes--
(1) a comprehensive plan to automate and modernize
information systems to resolve current inefficiencies,
integrate data, and aid in better performance of
executing the Agency-wide mission;
(2) a description of the appropriations for each
project and activity tied to mission requirements and
outcomes, program management capabilities, performance
levels, and specific capabilities and services to be
delivered;
(3) the total estimated cost and projected timeline
of completion for all multi-year enhancements,
modernizations, and new capabilities proposed and
underway covering a period of no less than 3 years;
(4) a detailed accounting of operations and
maintenance and contractor services costs; and
(5) the current or planned acquisition programs
including--
(A) how the programs align to mission
requirements by defining existing capabilities,
identifying known capability gaps between such
existing capabilities and stated mission
requirements, and explaining how each increment
will address a known capability gap;
(B) how programs provide quantifiable
information that aids in understanding national
emergency management capabilities;
(C) how programs ensure information sharing
among homeland security partners; and
(D) life-cycle costs for all acquisitions.
state and local programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
activities, $1,349,681,000, which shall be distributed,
according to threat, vulnerability, and consequence, at the
discretion of the Secretary of Homeland Security based on the
following authorities:
(1) The State Homeland Security Grant Program under
section 2004 of the Homeland Security Act of 2002 (6
U.S.C. 605): Provided, That notwithstanding subsection
(c)(4) of such section 2004, for fiscal year 2012, the
Commonwealth of Puerto Rico shall make available to
local and tribal governments amounts provided to the
Commonwealth of Puerto Rico under this paragraph in
accordance with subsection (c)(1) of such section 2004.
(2) The Urban Area Security Initiative under
section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604).
(3) The Metropolitan Medical Response System under
section 635 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 723).
(4) The Citizen Corps Program.
(5) Public Transportation Security Assistance and
Railroad Security Assistance, under sections 1406 and
1513 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1135 and 1163),
including Amtrak security: Provided, That such public
transportation security assistance shall be provided
directly to public transportation agencies.
(6) Over-the-Road Bus Security Assistance under
section 1532 of the Implementing Recommendations of the
9/11 Commission Act of 2007 (6 U.S.C. 1182).
(7) Port Security Grants in accordance with 46
U.S.C. 70107.
(8) The Driver's License Security Grants Program in
accordance with section 204 of the REAL ID Act of 2005
(49 U.S.C. 30301 note).
(9) The Interoperable Emergency Communications
Grant Program under section 1809 of the Homeland
Security Act of 2002 (6 U.S.C. 579).
(10) Emergency Operations Centers under section 614
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196c).
(11) Buffer Zone Protection Program Grants.
(12) Organizations (as described under section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax section 501(a) of such code) determined
by the Secretary to be at high risk of a terrorist
attack:
Provided, That of the amount provided under this heading,
$50,000,000 shall be for Operation Stonegarden and no less than
$100,000,000 shall be for areas at the highest threat of a
terrorist attack: Provided further, That $231,681,000 shall be
for training, exercises, technical assistance, and other
programs, of which $155,500,000 shall be for training of State,
local, and tribal emergency response providers: Provided
further, That for grants under paragraphs (1) through (12),
applications for grants shall be made available to eligible
applicants not later than 60 days after the date of enactment
of this Act, that eligible applicants shall submit applications
not later than 80 days after the grant announcement, and the
Administrator of the Federal Emergency Management Agency shall
act within 65 days after the receipt of an application:
Provided further, That notwithstanding section 2008(a)(11) of
the Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)), or any
other provision of law, a grantee may use not more than 5
percent of the amount of a grant made available under this
heading for expenses directly related to administration of the
grant: Provided further, That 6.8 percent of the amounts
provided under this heading shall be transferred to the Federal
Emergency Management Agency ``Salaries and Expenses'' account
for program administration: Provided further, That for grants
under paragraphs (1) and (2), the installation of communication
towers is not considered construction of a building or other
physical facility: Provided further, That grantees shall
provide reports on their use of funds, as determined necessary
by the Secretary of Homeland Security: Provided further, That
in fiscal year 2012: (a) the Center for Domestic Preparedness
may provide training to emergency response providers from the
Federal Government, foreign governments, or private entities,
if the Center for Domestic Preparedness is reimbursed for the
cost of such training, and any reimbursement under this
subsection shall be credited to the account from which the
expenditure being reimbursed was made and shall be available,
without fiscal year limitation, for the purposes for which
amounts in the account may be expended; (b) the head of the
Center for Domestic Preparedness shall ensure that any training
provided under (a) does not interfere with the primary mission
of the Center to train state and local emergency response
providers; and (c) subject to (b), nothing in (a) prohibits the
Center for Domestic Preparedness from providing training to
employees of the Federal Emergency Management Agency in
existing chemical, biological, radiological, nuclear,
explosives, mass casualty, and medical surge courses pursuant
to 5 U.S.C. 4103 without reimbursement for the cost of such
training.
firefighter assistance grants
For necessary expenses for programs authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.), $675,000,000, to remain available until September 30,
2013, of which $337,500,000 shall be available to carry out
section 33 of that Act (15 U.S.C. 2229) and $337,500,000 shall
be available to carry out section 34 of that Act (15 U.S.C.
2229a): Provided, That not to exceed 5 percent of the amount
available under this heading shall be available for program
administration.
emergency management performance grants
For necessary expenses for emergency management performance
grants, as authorized by the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
$350,000,000: Provided, That total administrative costs shall
not exceed 3 percent of the total amount appropriated under
this heading.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2012, as
authorized in title III of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less
than 100 percent of the amounts anticipated by the Department
of Homeland Security necessary for its radiological emergency
preparedness program for the next fiscal year: Provided, That
the methodology for assessment and collection of fees shall be
fair and equitable and shall reflect costs of providing such
services, including administrative costs of collecting such
fees: Provided further, That fees received under this heading
shall be deposited in this account as offsetting collections
and will become available for authorized purposes on October 1,
2012, and remain available until expended.
united states fire administration
For necessary expenses of the United States Fire
Administration and for other purposes, as authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.) and the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.), $44,038,000.
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $700,000,000, to remain available until
expended, of which $24,000,000 shall be transferred to the
Department of Homeland Security Office of Inspector General for
audits and investigations related to disasters: Provided, That
the Administrator of the Federal Emergency Management Agency
shall submit an expenditure plan to the Committees on
Appropriations of the Senate and the House of Representatives
detailing the use of the funds made available in this or any
other Act for disaster readiness and support not later than 60
days after the date of enactment of this Act: Provided
further, That the Administrator of the Federal Emergency
Management Agency shall submit to such Committees a quarterly
report detailing obligations against the expenditure plan and a
justification for any changes from the initial plan: Provided
further, That the matter under this heading in title III of
division E of Public Law 110-161 is amended by striking the
fourth proviso: Provided further, That the Administrator of
the Federal Emergency Management Agency shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives the following reports, including a specific
description of the methodology and the source data used in
developing such reports:
(1) an estimate of the following amounts shall be
submitted for the budget year at the time that the
President's budget is submitted each year under section
1105(a) of title 31, United States Code:
(A) the unobligated balance of funds to be
carried over from the prior fiscal year to the
budget year;
(B) the unobligated balance of funds to be
carried over from the budget year to the budget
year plus 1;
(C) the amount of obligations for non-
catastrophic events for the budget year;
(D) the amount of obligations for the
budget year for catastrophic events delineated
by event and by State;
(E) the total amount that has been
previously obligated or will be required for
catastrophic events delineated by event and by
State for all prior years, the current year,
the budget year, the budget year plus 1, the
budget year plus 2, and the budget year plus 3
and beyond;
(F) the amount of previously obligated
funds that will be recovered for the budget
year;
(G) the amount that will be required for
obligations for emergencies, as described in
section 102(1) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122(1)), major disasters, as
described in section 102(2) of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122(2)), fire
management assistance grants, as described in
section 420 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5187), surge activities, and disaster readiness
and support activities;
(H) the amount required for activities not
covered under section 251(b)(2)(D)(iii) of the
Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii); Public
Law 99-177);
(2) an estimate or actual amounts, if available, of
the following for the current fiscal year shall be
submitted not later than the fifth day of each month
beginning with the first full month after the date of
enactment of this Act:
(A) a summary of the amount of
appropriations made available by source, the
transfers executed, the previously allocated
funds recovered, and the commitments,
allocations, and obligations made;
(B) a table of disaster relief activity
delineated by month, including--
(i) the beginning and ending
balances;
(ii) the total obligations to
include amounts obligated for fire
assistance, emergencies, surge, and
disaster support activities;
(iii) the obligations for
catastrophic events delineated by event
and by State; and
(iv) the amount of previously
obligated funds that are recovered;
(C) a summary of allocations, obligations,
and expenditures for catastrophic events
delineated by event; and
(D) the date on which funds appropriated
will be exhausted.
disaster assistance direct loan program account
For activities under section 319 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162),
$295,000 is for the cost of direct loans: Provided, That gross
obligations for the principal amount of direct loans shall not
exceed $25,000,000: Provided further, That the cost of
modifying such loans shall be as defined in section 502 of the
Congressional Budget Act of 1974 (2 U.S.C. 661a).
flood hazard mapping and risk analysis program
For necessary expenses, including administrative costs,
under section 1360 of the National Flood Insurance Act of 1968
(42 U.S.C. 4101), $97,712,000, and such additional sums as may
be provided by State and local governments or other political
subdivisions for cost-shared mapping activities under section
1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain
available until expended.
national flood insurance fund
For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.) and the Flood Disaster Protection
Act of 1973 (42 U.S.C. 4001 et seq.), $171,000,000, which shall
be derived from offsetting collections assessed and collected
under section 1308(d) of the National Flood Insurance Act of
1968 (42 U.S.C. 4015(d)); of which not to exceed $22,000,000
shall be available for salaries and expenses associated with
flood mitigation and flood insurance operations; and not less
than $149,000,000 shall be available for flood plain management
and flood mapping, which shall remain available until September
30, 2013: Provided, That any additional fees collected
pursuant to section 1308(d) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4015(d)) shall be credited as an offsetting
collection to this account, to be available for flood plain
management and flood mapping: Provided further, That in fiscal
year 2012, no funds shall be available from the National Flood
Insurance Fund under section 1310 of that Act (42 U.S.C. 4017)
in excess of:
(1) $132,000,000 for operating expenses;
(2) $1,007,571,000 for commissions and taxes of
agents;
(3) such sums as are necessary for interest on
Treasury borrowings; and
(4) $60,000,000, which shall remain available until
expended for flood mitigation actions; of which not
less than $10,000,000 is for severe repetitive loss
properties under section 1361A of the National Flood
Insurance Act of 1968 (42 U.S.C. 4102a); of which
$10,000,000 shall be for repetitive insurance claims
properties under section 1323 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4030); and of which
$40,000,000 shall be for flood mitigation assistance
under section 1366 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4104c), notwithstanding
subparagraphs (B) and (C) of subsection (b)(3) and
subsection (f) of section 1366 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4104c) and
notwithstanding subsection (a)(7) of section 1310 of
the National Flood Insurance Act of 1968 (42 U.S.C.
4017):
Provided further, That the amounts collected under section
102 of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4012a) and section 1366(i) of the National Flood Insurance Act
of 1968 shall be deposited in the National Flood Insurance Fund
to supplement other amounts specified as available for section
1366 of the National Insurance Act of 1968, notwithstanding
subsection (f)(8) of such section 102 (42 U.S.C. 4012a(f)(8)
and subsection 1366(i) and paragraphs (2) and (3) of section
1367(b) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(i), 4104d(b)(2)-(3)): Provided further, That total
administrative costs shall not exceed 4 percent of the total
appropriation.
national predisaster mitigation fund
For the predisaster mitigation grant program under section
203 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133), $35,500,000, to remain
available until expended: Provided, That the total
administrative costs associated with such grants shall not
exceed $3,000,000 of the total amount made available under this
heading.
emergency food and shelter
To carry out the emergency food and shelter program
pursuant to title III of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11331 et seq.), $120,000,000, to remain
available until expended: Provided, That total administrative
costs shall not exceed 3.5 percent of the total amount made
available under this heading.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration
services, $102,424,000 for the E-Verify Program, as described
in section 403(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), to
assist United States employers with maintaining a legal
workforce: Provided, That notwithstanding any other provision
of law, funds otherwise made available to United States
Citizenship and Immigration Services may be used to acquire,
operate, equip, and dispose of up to 5 vehicles, for
replacement only, for areas where the Administrator of General
Services does not provide vehicles for lease: Provided
further, That the Director of United States Citizenship and
Immigration Services may authorize employees who are assigned
to those areas to use such vehicles to travel between the
employees' residences and places of employment.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement
Training Center, including materials and support costs of
Federal law enforcement basic training; the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger
motor vehicles; expenses for student athletic and related
activities; the conduct of and participation in firearms
matches and presentation of awards; public awareness and
enhancement of community support of law enforcement training;
room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile
phones for official duties; and services as authorized by
section 3109 of title 5, United States Code; $238,957,000; of
which up to $48,978,000 shall remain available until September
30, 2013, for materials and support costs of Federal law
enforcement basic training; of which $300,000 shall remain
available until expended to be distributed to Federal law
enforcement agencies for expenses incurred participating in
training accreditation; and of which not to exceed $10,200
shall be for official reception and representation expenses:
Provided, That the Center is authorized to obligate funds in
anticipation of reimbursements from agencies receiving training
sponsored by the Center, except that total obligations at the
end of the fiscal year shall not exceed total budgetary
resources available at the end of the fiscal year: Provided
further, That section 1202(a) of Public Law 107-206 (42 U.S.C.
3771 note), as amended by Public Law 111-83 (123 Stat. 2166),
is further amended by striking ``December 31, 2012'' and
inserting ``December 31, 2014'': Provided further, That the
Director of the Federal Law Enforcement Training Center shall
schedule basic or advanced law enforcement training, or both,
at all four training facilities under the control of the
Federal Law Enforcement Training Center to ensure that such
training facilities are operated at the highest capacity
throughout the fiscal year: Provided further, That the Federal
Law Enforcement Training Accreditation Board, including
representatives from the Federal law enforcement community and
non-Federal accreditation experts involved in law enforcement
training, shall lead the Federal law enforcement training
accreditation process to continue the implementation of
measuring and assessing the quality and effectiveness of
Federal law enforcement training programs, facilities, and
instructors.
acquisitions, construction, improvements, and related expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law
Enforcement Training Center, $32,456,000, to remain available
until September 30, 2016: Provided, That the Center is
authorized to accept reimbursement to this appropriation from
government agencies requesting the construction of special use
facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under
Secretary for Science and Technology and for management and
administration of programs and activities, as authorized by
title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.), $135,000,000: Provided, That not to exceed $8,500 shall
be for official reception and representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects, development, test and
evaluation, acquisition, and operations as authorized by title
III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.), and the purchase or lease of not to exceed 5 vehicles,
$533,000,000, of which $356,500,000, to remain available until
September 30, 2014; and of which $176,500,000, to remain
available until September 30, 2016, solely for operation and
construction of laboratory facilities.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection
Office, as authorized by title XIX of the Homeland Security Act
of 2002 (6 U.S.C. 591 et seq.), for management and
administration of programs and activities, $38,000,000:
Provided, That not to exceed $2,500 shall be for official
reception and representation expenses: Provided further, That
not later than 180 days after the date of enactment of this
Act, the Secretary of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a strategic plan of investments necessary to
implement the Department of Homeland Security's
responsibilities under the domestic component of the global
nuclear detection architecture that shall:
(1) define each Departmental entity's roles and
responsibilities in support of the domestic detection
architecture, including any existing or planned
programs to pre-screen cargo or conveyances overseas;
(2) identify and describe the specific investments
being made by Departmental organizations in fiscal year
2012, and planned for fiscal year 2013, to support the
domestic architecture and the security of sea, land,
and air pathways into the United States;
(3) describe the investments necessary to close
known vulnerabilities and gaps, including associated
costs and timeframes, and estimates of feasibility and
cost effectiveness; and
(4) explain how the Department's research and
development funding is furthering the implementation of
the domestic nuclear detection architecture, including
specific investments planned for each of fiscal years
2012 and 2013.
research, development, and operations
For necessary expenses for radiological and nuclear
research, development, testing, evaluation, and operations,
$215,000,000, to remain available until September 30, 2014.
systems acquisition
For expenses for the Domestic Nuclear Detection Office
acquisition and deployment of radiological detection systems in
accordance with the global nuclear detection architecture,
$37,000,000, to remain available until September 30, 2014.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established pursuant
to this Act, may be merged with funds in the applicable
established accounts, and thereafter may be accounted for as
one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the agencies in or
transferred to the Department of Homeland Security that remain
available for obligation or expenditure in fiscal year 2012, or
provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates a new program, project, or activity;
(2) eliminates a program, project, office, or
activity;
(3) increases funds for any program, project, or
activity for which funds have been denied or restricted
by the Congress;
(4) proposes to use funds directed for a specific
activity by either of the Committees on Appropriations
of the Senate or the House of Representatives for a
different purpose; or
(5) contracts out any function or activity for
which funding levels were requested for Federal full-
time equivalents in the object classification tables
contained in the fiscal year 2012 Budget Appendix for
the Department of Homeland Security, as modified by the
joint explanatory statement accompanying this Act,
unless the Committees on Appropriations of the Senate
and the House of Representatives are notified 15 days
in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred
to the Department of Homeland Security that remain available
for obligation or expenditure in fiscal year 2012, or provided
from any accounts in the Treasury of the United States derived
by the collection of fees or proceeds available to the agencies
funded by this Act, shall be available for obligation or
expenditure for programs, projects, or activities through a
reprogramming of funds in excess of $5,000,000 or 10 percent,
whichever is less, that:
(1) augments existing programs, projects, or
activities;
(2) reduces by 10 percent funding for any existing
program, project, or activity, or reduces the numbers
of personnel by 10 percent as approved by the Congress;
or
(3) results from any general savings from a
reduction in personnel that would result in a change in
existing programs, projects, or activities as approved
by the Congress, unless the Committees on
Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Homeland Security by this Act or provided by previous
appropriations Acts may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under
this section shall be treated as a reprogramming of funds under
subsection (b) and shall not be available for obligation unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this
section, no funds shall be reprogrammed within or transferred
between appropriations after June 30, except in extraordinary
circumstances that imminently threaten the safety of human life
or the protection of property.
(e) The notification thresholds and procedures set forth in
this section shall apply to any use of deobligated balances of
funds provided in previous Department of Homeland Security
Appropriations Acts.
Sec. 504. The Department of Homeland Security Working
Capital Fund, established pursuant to section 403 of Public Law
103-356 (31 U.S.C. 501 note), shall continue operations as a
permanent working capital fund for fiscal year 2012: Provided,
That none of the funds appropriated or otherwise made available
to the Department of Homeland Security may be used to make
payments to the Working Capital Fund, except for the activities
and amounts allowed in the President's fiscal year 2012 budget:
Provided further, That funds provided to the Working Capital
Fund shall be available for obligation until expended to carry
out the purposes of the Working Capital Fund: Provided
further, That all departmental components shall be charged only
for direct usage of each Working Capital Fund service:
Provided further, That funds provided to the Working Capital
Fund shall be used only for purposes consistent with the
contributing component: Provided further, That the Working
Capital Fund shall be paid in advance or reimbursed at rates
which will return the full cost of each service: Provided
further, That the Working Capital Fund shall be subject to the
requirements of section 503 of this Act.
Sec. 505. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2012 from appropriations
for salaries and expenses for fiscal year 2012 in this Act
shall remain available through September 30, 2013, in the
account and for the purposes for which the appropriations were
provided: Provided, That prior to the obligation of such
funds, a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives
for approval in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2012 until the enactment of an Act authorizing
intelligence activities for fiscal year 2012.
Sec. 507. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be used
to--
(1) make or award a grant allocation, grant,
contract, other transaction agreement, task or delivery
order on a Department of Homeland Security multiple
award contract, or to issue a letter of intent totaling
in excess of $1,000,000;
(2) award a task or delivery order requiring an
obligation of funds in an amount greater than
$10,000,000 from multi-year Department of Homeland
Security funds or a task or delivery order that would
cause cumulative obligations of multi-year funds in a
single account to exceed 50 percent of the total amount
appropriated; or
(3) announce publicly the intention to make or
award items under paragraph (1) or (2), including a
contract covered by the Federal Acquisition Regulation.
(b) The Secretary of Homeland Security may waive the
prohibition under subsection (a) if the Secretary notifies the
Committees on Appropriations of the Senate and the House of
Representatives at least 3 full business days in advance of
making an award or issuing a letter as described in that
subsection.
(c) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to
human life, health, or safety, an award may be made without
notification, and the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives
not later than 5 full business days after such an award is made
or letter issued.
(d) A notification under this section--
(1) may not involve funds that are not available
for obligation; and
(2) shall include the amount of the award, the
fiscal year for which the funds for the award were
appropriated, and the account from which the funds are
being drawn.
(e) The Administrator of the Federal Emergency Management
Agency shall brief the Committees on Appropriations of the
Senate and the House of Representatives 5 full business days in
advance of announcing publicly the intention of making an award
under ``State and Local Programs''.
Sec. 508. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations,
to be used for the purpose of conducting Federal law
enforcement training without the advance approval of the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Center
facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of title
40, United States Code, has not been approved, except that
necessary funds may be expended for each project for required
expenses for the development of a proposed prospectus.
Sec. 510. Sections 520, 522, and 530, of the Department of
Homeland Security Appropriations Act, 2008 (division E of
Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with
respect to funds made available in this Act in the same manner
as such sections applied to funds made available in that Act.
Sec. 511. None of the funds made available in this Act may
be used in contravention of the applicable provisions of the
Buy American Act (41 U.S.C. 10a et seq.).
Sec. 512. None of the funds made available in this Act may
be used by any person other than the Privacy Officer appointed
under subsection (a) of section 222 of the Homeland Security
Act of 2002 (6 U.S.C. 142(a)) to alter, direct that changes be
made to, delay, or prohibit the transmission to Congress of any
report prepared under paragraph (6) of such subsection.
Sec. 513. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section 337
of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 514. Within 45 days after the end of each month, the
Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate
and the House of Representatives a monthly budget and staffing
report for that month that includes total obligations, on-board
versus funded full-time equivalent staffing levels, and the
number of contract employees for each office of the Department.
Sec. 515. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided as of
June 1, 2004, by employees (including employees serving on a
temporary or term basis) of United States Citizenship and
Immigration Services of the Department of Homeland Security who
are known as of that date as Immigration Information Officers,
Contact Representatives, or Investigative Assistants.
Sec. 516. Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to
Transportation Security Administration ``Aviation Security'',
``Administration'', and ``Transportation Security Support'' for
fiscal years 2004 and 2005 that are recovered or deobligated
shall be available only for the procurement or installation of
explosives detection systems, air cargo, baggage, and
checkpoint screening systems, subject to notification:
Provided, That quarterly reports shall be submitted to the
Committees on Appropriations of the Senate and the House of
Representatives on any funds that are recovered or deobligated.
Sec. 517. Any funds appropriated to Coast Guard
``Acquisition, Construction, and Improvements'' for fiscal
years 2002, 2003, 2004, 2005, and 2006 for the 110-123 foot
patrol boat conversion that are recovered, collected, or
otherwise received as the result of negotiation, mediation, or
litigation, shall be available until expended for the Fast
Response Cutter program.
Sec. 518. Section 532(a) of Public Law 109-295 (120 Stat.
1384) is amended by striking ``2011'' and inserting ``2012''.
Sec. 519. The functions of the Federal Law Enforcement
Training Center instructor staff shall be classified as
inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 520. (a) Except as provided in subsection (b), none of
the funds appropriated in this or any other Act to the ``Office
of the Secretary and Executive Management'', the ``Office of
the Under Secretary for Management'', or the ``Office of the
Chief Financial Officer'', may be obligated for a grant or
contract funded under such headings by any means other than
full and open competition.
(b) Subsection (a) does not apply to obligation of funds
for a contract awarded--
(1) by a means that is required by a Federal
statute, including obligation for a purchase made under
a mandated preferential program, including the
AbilityOne Program, that is authorized under the
Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.);
(2) pursuant to the Small Business Act (15 U.S.C.
631 et seq.);
(3) in an amount less than the simplified
acquisition threshold described under section 302A(a)
of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 252a(a)); or
(4) by another Federal agency using funds provided
through an interagency agreement.
(c)(1) Subject to paragraph (2), the Secretary of Homeland
Security may waive the application of this section for the
award of a contract in the interest of national security or if
failure to do so would pose a substantial risk to human health
or welfare.
(2) Not later than 5 days after the date on which the
Secretary of Homeland Security issues a waiver under this
subsection, the Secretary shall submit notification of that
waiver to the Committees on Appropriations of the Senate and
the House of Representatives, including a description of the
applicable contract to which the waiver applies and an
explanation of why the waiver authority was used: Provided,
That the Secretary may not delegate the authority to grant such
a waiver.
(d) In addition to the requirements established by
subsections (a), (b), and (c) of this section, the Inspector
General of the Department of Homeland Security shall review
departmental contracts awarded through means other than a full
and open competition to assess departmental compliance with
applicable laws and regulations: Provided, That the Inspector
General shall review selected contracts awarded in the previous
fiscal year through means other than a full and open
competition: Provided further, That in selecting which
contracts to review, the Inspector General shall consider the
cost and complexity of the goods and services to be provided
under the contract, the criticality of the contract to
fulfilling Department missions, past performance problems on
similar contracts or by the selected vendor, complaints
received about the award process or contractor performance, and
such other factors as the Inspector General deems relevant:
Provided further, That the Inspector General shall report the
results of the reviews to the Committees on Appropriations of
the Senate and the House of Representatives no later than
February 6, 2012.
Sec. 521. None of the funds provided by this or previous
appropriations Acts shall be used to fund any position
designated as a Principal Federal Official (or the successor
thereto) for any Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) declared
disasters or emergencies unless--
(1) The responsibilities of the Principal Federal
Official do not include operational functions related
to incident management, including coordination of
operations, and are consistent with the requirements of
subsection 509(c) and subsections 503(c)(3) and
(c)(4)(A) of the Homeland Security Act of 2002 (6
U.S.C. 319(c) and 313(c)(3) and (c)(4)(A)) and section
302 of the Robert T. Stafford Disaster Relief and
Assistance Act (42 U.S.C. 5143);
(2) Not later than 10 business days after the
latter of the date on which the Secretary of Homeland
Security appoints the Principal Federal Official and
the date on which the President issues a declaration
under section 401 or section 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170 and 5191, respectively), the Secretary
of Homeland Security shall submit a notification of the
appointment of the Principal Federal Official and a
description of the responsibilities of such Official
and how such responsibilities are consistent with
paragraph (1) to the Committees on Appropriations of
the Senate and the House of Representatives, the
Transportation and Infrastructure Committee of the
House of Representatives, and the Homeland Security and
Governmental Affairs Committee of the Senate; and
(3) Not later than 60 days after the date of
enactment of this Act, the Secretary shall provide a
report specifying timeframes and milestones regarding
the update of operations, planning and policy
documents, and training and exercise protocols, to
ensure consistency with paragraph (1) of this section.
Sec. 522. None of the funds made available in this or any
other Act for fiscal years 2012 and thereafter may be used to
enforce section 4025(1) of Public Law 108-458 unless the
Administrator of the Transportation Security Administration
reverses the determination of July 19, 2007, that butane
lighters are not a significant threat to civil aviation
security.
Sec. 523. None of the funds provided or otherwise made
available in this Act shall be available to carry out section
872 of the Homeland Security Act of 2002 (6 U.S.C. 452).
Sec. 524. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the
Coast Guard nationwide, including civil engineering units,
facilities design and construction centers, maintenance and
logistics commands, and the Coast Guard Academy, except that
none of the funds provided in this Act may be used to reduce
operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 525. None of the funds made available in this Act may
be used by United States Citizenship and Immigration Services
to grant an immigration benefit unless the results of
background checks required by law to be completed prior to the
granting of the benefit have been received by United States
Citizenship and Immigration Services, and the results do not
preclude the granting of the benefit.
Sec. 526. None of the funds made available in this or any
other Act for fiscal year 2012 and thereafter may be used to
destroy or put out to pasture any horse or other equine
belonging to any component or agency of the Department of
Homeland Security that has become unfit for service, unless the
trainer or handler is first given the option to take possession
of the equine through an adoption program that has safeguards
against slaughter and inhumane treatment.
Sec. 527. Section 831 of the Homeland Security Act of 2002
(6 U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until
September 30, 2011,'' and inserting ``Until September
30, 2012,'';
(2) by striking subsection (b);
(3) by redesignating subsections (c), (d), and (e)
as subsections (b), (c), and (d), respectively; and
(4) in subsection (c)(1) (as redesignated by
paragraph (3) of this section), by striking ``September
30, 2011,'' and inserting ``September 30, 2012,''.
Sec. 528. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security that
provide award fees link such fees to successful acquisition
outcomes (which outcomes shall be specified in terms of cost,
schedule, and performance).
Sec. 529. Notwithstanding any other provision of law, none
of the funds provided in this or any other Act shall be used to
approve a waiver of the navigation and vessel-inspection laws
pursuant to 46 U.S.C. 501(b) for the transportation of crude
oil distributed from the Strategic Petroleum Reserve until the
Secretary of Homeland Security, after consultation with the
Secretaries of the Departments of Energy and Transportation and
representatives from the United States flag maritime industry,
takes adequate measures to ensure the use of United States flag
vessels: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives within 48 hours of any request for waivers of
navigation and vessel-inspection laws pursuant to 46 U.S.C.
501(b).
Sec. 530. None of the funds made available to the Office
of the Secretary and Executive Management under this Act may be
expended for any new hires by the Department of Homeland
Security that are not verified through the E-Verify Program as
described in section 403(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
Sec. 531. None of the funds in this Act shall be used to
reduce the United States Coast Guard's Operations Systems
Center mission or its government-employed or contract staff
levels.
Sec. 532. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription drug
(within the meaning of section 801(g) of the Federal Food,
Drug, and Cosmetic Act) from importing a prescription drug from
Canada that complies with the Federal Food, Drug, and Cosmetic
Act: Provided, That this section shall apply only to
individuals transporting on their person a personal-use
quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802);
or
(2) a biological product, as defined in section 351
of the Public Health Service Act (42 U.S.C. 262).
Sec. 533. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a
competition under Office of Management and Budget Circular A-76
for activities performed with respect to the Coast Guard
National Vessel Documentation Center.
Sec. 534. The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the Senate and the House of
Representatives of any proposed transfers of funds available
under section 9703.1 (g)(4)(B) of title 31, United States Code
(as added by Public Law 102-393) from the Department of the
Treasury Forfeiture Fund to any agency within the Department of
Homeland Security: Provided, That none of the funds identified
for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives
approve the proposed transfers.
Sec. 535. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 536. If the Administrator of the Transportation
Security Administration determines that an airport does not
need to participate in the E-Verify Program as described in
section 403(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note), the
Administrator shall certify to the Committees on Appropriations
of the Senate and the House of Representatives that no security
risks will result from such non-participation.
Sec. 537. (a) Notwithstanding any other provision of this
Act, except as provided in subsection (b), and 30 days after
the date on which the President determines whether to declare a
major disaster because of an event and any appeal is completed,
the Administrator shall publish on the Web site of the Federal
Emergency Management Agency a report regarding that decision
that shall summarize damage assessment information used to
determine whether to declare a major disaster.
(b) The Administrator may redact from a report under
subsection (a) any data that the Administrator determines would
compromise national security.
(c) In this section--
(1) the term ``Administrator'' means the
Administrator of the Federal Emergency Management
Agency; and
(2) the term ``major disaster'' has the meaning
given that term in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122).
Sec. 538. (a) Notwithstanding any other provision of law
during fiscal year 2012 or any subsequent fiscal year, if the
Secretary of Homeland Security determines that the National
Bio- and Agro-defense Facility should be located at a site
other than Plum Island, New York, the Secretary shall ensure
that the Administrator of General Services sells through public
sale all real and related personal property and transportation
assets which support Plum Island operations, subject to such
terms and conditions as may be necessary to protect Government
interests and meet program requirements.
(b) The proceeds of such sale described in subsection (a)
shall be deposited as offsetting collections into the
Department of Homeland Security Science and Technology
``Research, Development, Acquisition, and Operations'' account
and, subject to appropriation, shall be available until
expended, for site acquisition, construction, and costs related
to the construction of the National Bio- and Agro-defense
Facility, including the costs associated with the sale,
including due diligence requirements, necessary environmental
remediation at Plum Island, and reimbursement of expenses
incurred by the General Services Administration.
Sec. 539. Any official that is required by this Act to
report or to certify to the Committees on Appropriations of the
Senate and the House of Representatives may not delegate such
authority to perform that act unless specifically authorized
herein.
Sec. 540. Section 550(b) of the Department of Homeland
Security Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C.
121 note), as amended by section 550 of the Department of
Homeland Security Appropriations Act, 2010 (Public Law 111-83),
is further amended by striking ``on October 4, 2011'' and
inserting ``on October 4, 2012''.
Sec. 541. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within the
United States, its territories, or possessions Khalid Sheikh
Mohammed or any other detainee who--
(1) is not a United States citizen or a member of
the Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at
the United States Naval Station, Guantanamo Bay, Cuba,
by the Department of Defense.
Sec. 542. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies
funded by this Act in contravention of sections 301-10.122
through 301.10-124 of title 41, Code of Federal Regulations.
Sec. 543. None of the funds made available in this Act may
be used to propose or effect a disciplinary or adverse action,
with respect to any Department of Homeland Security employee
who engages regularly with the public in the performance of his
or her official duties solely because that employee elects to
utilize protective equipment or measures, including but not
limited to surgical masks, N95 respirators, gloves, or hand-
sanitizers, where use of such equipment or measures is in
accord with Department of Homeland Security policy, and Centers
for Disease Control and Prevention and Office of Personnel
Management guidance.
Sec. 544. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 545. (a) Any company that collects or retains personal
information directly from any individual who participates in
the Registered Traveler program of the Transportation Security
Administration shall safeguard and dispose of such information
in accordance with the requirements in--
(1) the National Institute for Standards and
Technology Special Publication 800-30, entitled ``Risk
Management Guide for Information Technology Systems'';
(2) the National Institute for Standards and
Technology Special Publication 800-53, Revision 3,
entitled ``Recommended Security Controls for Federal
Information Systems and Organizations,''; and
(3) any supplemental standards established by the
Administrator of the Transportation Security
Administration (referred to in this section as the
``Administrator'').
(b) The airport authority or air carrier operator that
sponsors the company under the Registered Traveler program
shall be known as the Sponsoring Entity.
(c) The Administrator shall require any company covered by
subsection (a) to provide, not later than 30 days after the
date of enactment of this Act, to the Sponsoring Entity written
certification that the procedures used by the company to
safeguard and dispose of information are in compliance with the
requirements under subsection (a). Such certification shall
include a description of the procedures used by the company to
comply with such requirements.
Sec. 546. For fiscal year 2012 and thereafter, for
purposes of section 210C of the Homeland Security Act of 2002
(6 U.S.C. 124j), a rural area shall also include any area that
is located in a metropolitan statistical area and a county,
borough, parish, or area under the jurisdiction of an Indian
tribe with a population of not more than 50,000.
Sec. 547. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or performance that does not meet the
basic requirements of a contract.
Sec. 548. (a) Not later than 180 days after the date of
enactment of this Act, the Administrator of the Transportation
Security Administration shall submit to the Committees on
Appropriations of the Senate and the House of Representatives,
a report that either--
(1) certifies that the requirement for screening
all air cargo on passenger aircraft by the deadline
under section 44901(g) of title 49, United States Code,
has been met; or
(2) includes a strategy to comply with the
requirements under title 44901(g) of title 49, United
States Code, including--
(A) a plan to meet the requirement under
section 44901(g) of title 49, United States
Code, to screen 100 percent of air cargo
transported on passenger aircraft arriving in
the United States in foreign air transportation
(as that term is defined in section 40102 of
that title); and
(B) specification of--
(i) the percentage of such air
cargo that is being screened; and
(ii) the schedule for achieving
screening of 100 percent of such air
cargo.
(b) The Administrator shall continue to submit reports
described in subsection (a)(2) every 180 days thereafter until
the Administrator certifies that the Transportation Security
Administration has achieved screening of 100 percent of such
air cargo.
Sec. 549. In developing any process to screen aviation
passengers and crews for transportation or national security
purposes, the Secretary of Homeland Security shall ensure that
all such processes take into consideration such passengers' and
crews' privacy and civil liberties consistent with applicable
laws, regulations, and guidance.
Sec. 550. (a) None of the funds made available in this Act
may be obligated for construction of the National Bio- and
Agro-defense Facility until the Department of Homeland
Security--
(1) completes 50 percent of design planning for the
National Bio- and Agro-defense Facility;
(2) submits to the Committees on Appropriations of
the Senate and the House of Representatives a revised
site-specific biosafety and biosecurity mitigation risk
assessment that describes how to significantly reduce
risks of conducting essential research and diagnostic
testing at the National Bio- and Agro-defense Facility
and addresses shortcomings identified in the National
Academy of Sciences' evaluation of the initial site-
specific biosafety and biosecurity mitigation risk
assessment; and
(3) submits to the Committees on Appropriations of
the Senate and the House of Representatives the results
of the National Academy of Sciences' review of the risk
assessment as described in subsection (c).
(b) The revised site-specific biosafety and biosecurity
mitigation risk assessment required by subsection (a) shall--
(1) include a quantitative risk assessment for
foot-and-mouth disease virus, in particular
epidemiological and economic impact modeling to
determine the overall risk of operating the facility
for its expected 50-year life span, taking into account
strategies to mitigate risk of foot-and-mouth disease
virus release from the laboratory and ensure safe
operations at the approved National Bio- and Agro-
defense Facility site;
(2) address the impact of surveillance, response,
and mitigation plans (developed in consultation with
local, State, and Federal authorities and appropriate
stakeholders) if a release occurs, to detect and
control the spread of disease; and
(3) include overall risks of the most dangerous
pathogens the Department of Homeland Security expects
to hold in the National Bio- and Agro-defense
Facility's biosafety level 4 facility, and
effectiveness of mitigation strategies to reduce those
risks.
(c) The Department of Homeland Security shall enter into a
contract with the National Academy of Sciences to evaluate the
adequacy and validity of the risk assessment required by
subsection (a). The National Academy of Sciences shall submit a
report on such evaluation within four months after the date the
Department of Homeland Security concludes its risk assessment.
Sec. 551. (a) Notwithstanding section 1356(n) of title 8,
United States Code, of the funds deposited into the Immigration
Examinations Fee Account, $10,000,000 shall be available to
United States Citizenship and Immigration Services in fiscal
year 2012 for the purpose of providing an immigrant integration
grants program.
(b) None of the funds made available to United States
Citizenship and Immigration Services for grants for immigrant
integration may be used to provide services to aliens who have
not been lawfully admitted for permanent residence.
Sec. 552. For an additional amount for necessary expenses
for reimbursement of the actual costs to State and local
governments for providing emergency management, public safety,
and security at events, as determined by the Administrator of
the Federal Emergency Management Agency, related to the
presence of a National Special Security Event, $7,500,000, to
remain available until September 30, 2013.
Sec. 553. Notwithstanding the 10 percent limitation
contained in section 503(c) of this Act, the Secretary of
Homeland Security may transfer to the fund established by 8
U.S.C. 1101 note, up to $20,000,000 from appropriations
available to the Department of Homeland Security: Provided,
That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives 5
days in advance of such transfer.
Sec. 554. The administrative law judge annuitants
participating in the Senior Administrative Law Judge Program
managed by the Director of the Office of Personnel Management
under section 3323 of title 5, United States Code, shall be
available on a temporary re-employment basis to conduct
arbitrations of disputes as part of the arbitration panel
established by the President under section 601 of division A of
the American Recovery and Reinvestment Act of 2009 (Public Law
111-5; 123 Stat. 164).
Sec. 555. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any federal contract unless such
contract is entered into in accordance with the requirements of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 253) or Chapter 137 of title 10, United States Code,
and the Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without
regard to the above referenced statutes.
Sec. 556. (a) For an additional amount for data center
migration, $70,000,000.
(b) Funds made available in subsection (a) for data center
migration may be transferred by the Secretary of Homeland
Security between appropriations for the same purpose,
notwithstanding section 503 of this Act.
(c) No transfer described in subsection (b) shall occur
until 15 days after the Committees on Appropriations of the
Senate and the House of Representatives are notified of such
transfer.
Sec. 557. For fiscal year 2012 and thereafter, U.S.
Customs and Border Protection's Advanced Training Center is
authorized to charge fees for any service and/or thing of value
it provides to Federal Government or non-government entities or
individuals, so long as the fees charged do not exceed the full
costs associated with the service or thing of value provided:
Provided, That notwithstanding 31 U.S.C. 3302(b), fees
collected by the Advanced Training Center are to be deposited
into a separate account entitled ``Advanced Training Center
Revolving Fund'', and be available, without further
appropriations, for necessary expenses of the Advanced Training
Center program, and are to remain available until expended.
Sec. 558. Section 559(e) of Public Law 111-83 is amended--
(a) in the matter preceding the first proviso, by striking
``law, sell'' and inserting ``law, hereafter sell''; and
(b) in the first proviso--
(1) by striking ``shall be deposited'' and
inserting ``shall hereafter be deposited''; and
(2) by striking ``subject to appropriation,'' and
inserting ``without further appropriations,''.
Sec. 559. Notwithstanding any other provision of law,
should the Secretary of Homeland Security determine that
specific U.S. Immigration and Customs Enforcement Service
Processing Centers or other U.S. Immigration and Customs
Enforcement owned detention facilities no longer meet the
mission need, the Secretary is authorized to dispose of
individual Service Processing Centers or other U.S. Immigration
and Customs Enforcement owned detention facilities by directing
the Administrator of General Services to sell all real and
related personal property which support Service Processing
Centers or other U.S. Immigration and Customs Enforcement owned
detention facilities, subject to such terms and conditions as
necessary to protect Government interests and meet program
requirements: Provided, That the proceeds, net of the costs of
sale incurred by the General Services Administration and U.S.
Immigration and Customs Enforcement, shall be deposited as
offsetting collections into a separate account that shall be
available, subject to appropriation, until expended for other
real property capital asset needs of existing U.S. Immigration
and Customs Enforcement assets, excluding daily operations and
maintenance costs, as the Secretary deems appropriate:
Provided further, That any sale or collocation of federally
owned detention facilities shall not result in the maintenance
of fewer than 34,000 detention beds: Provided further, That
the Committees on Appropriations of the Senate and the House of
Representatives shall be notified 15 days prior to the
announcement of any proposed sale or collocation.
Sec. 560. For an additional amount for the ``Office of the
Under Secretary for Management'', $55,979,000, to remain
available until expended, for necessary expenses to plan,
acquire, construct, renovate, remediate, equip, furnish, and
occupy buildings and facilities for the consolidation of
department headquarters at St. Elizabeths and associated
mission support consolidation: Provided, That the Committees
on Appropriations of the Senate and the House of
Representatives shall receive an expenditure plan not later
than 90 days after the date of enactment of this Act detailing
the allocation of these funds.
Sec. 561. None of the funds made available by this Act may
be used to enforce the requirements in--
(1) section 34(a)(1)(A) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C.
2229(a)(1)(A));
(2) section 34(a)(1)(B) of such Act;
(3) section 34(c)(1) of such Act;
(4) section 34(c)(2) of such Act;
(5) section 34(c)(4)(A) of such Act; and
(6) section 34(a)(1)(E) of such Act.
Sec. 562. Notwithstanding the requirement under section
34(a)(1)(A) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229a(a)(1)(A)) that grants must be used to
increase the number of firefighters in fire departments, the
Secretary of Homeland Security, in making grants under section
34 of such Act using the funds appropriated for fiscal year
2011, shall grant waivers from the requirements of subsections
(a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of such section:
Provided, That section 34(a)(1)(E) of such Act shall not apply
with respect to funds appropriated for fiscal year 2011 for
grants under section 34 of such Act: Provided further, That
the Secretary of Homeland Security, in making grants under
section 34 of such Act, shall ensure that funds appropriated
for fiscal year 2011 are made available for the hiring,
rehiring, or retention of firefighters.
Sec. 563. For fiscal year 2012 and thereafter,
notwithstanding section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)) and 31 U.S.C. 3302, in the event
that a spill of national significance occurs, any payment of
amounts from the Oil Spill Liability Trust Fund pursuant to
section 1012(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(1)) for the removal costs incurred by the Coast Guard
for such spill, shall be credited directly to the accounts of
the Coast Guard current at the time such removal costs were
incurred or when reimbursement is received: Provided, That
such amounts shall be merged with and, without further
appropriations, made available for the same time period and the
same purpose as the appropriation to which it is credited.
Sec. 564. (a) Civil Penalties for Circumventing Security
Screening.--Section 46301(a)(5)(A)(i) of title 49, United
States Code, is amended--
(1) by striking ``or chapter 449'' and inserting
``chapter 449''; and
(2) by inserting ``, or section 46314(a)'' after
``44909)''.
(b) Criminal Penalties for Circumventing Security
Screening.--Section 46314(b)(2) of title 49, United States
Code, is amended by inserting ``with intent to evade security
procedures or restrictions or'' after ``of this section''.
(c) Notice of Penalties.--Section 46314 of title 49, United
States Code, is amended by adding at the end the following new
subsection:
``(c) Notice of Penalties.--
``(1) In general.--Each operator of an airport in
the United States that is required to establish an air
transportation security program pursuant to section
44903(c) shall ensure that signs that meet such
requirements as the Secretary of Homeland Security may
prescribe providing notice of the penalties imposed
under section 46301(a)(5)(A)(i) and subsection (b) of
this section are displayed near all screening
locations, all locations where passengers exit the
sterile area, and such other locations at the airport
as the Secretary of Homeland Security determines
appropriate.
``(2) Effect of signs on penalties.--An individual
shall be subject to a penalty imposed under section
46301(a)(5)(A)(i) or subsection (b) of this section
without regard to whether signs are displayed at an
airport as required by paragraph (1).''.
Sec. 565. (a) Short Title.--This section may be cited as
the ``Disaster Assistance Recoupment Fairness Act of 2011''.
(b) Debts Since 2005.--
(1) Definition.--In this section, the term
``covered assistance'' means assistance provided--
(A) under section 408 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174); and
(B) in relation to a major disaster
declared by the President under section 401 of
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170)
during the period beginning on August 28, 2005,
and ending on December 31, 2010.
(2) Waiver authority.--The Administrator of the
Federal Emergency Management Agency--
(A) subject to subparagraph (B) and
paragraph (3), may waive a debt owed to the
United States related to covered assistance
provided to an individual or household if--
(i) the covered assistance was
distributed based on an error by the
Federal Emergency Management Agency;
(ii) there was no fault on behalf
of the debtor; and
(iii) the collection of the debt
would be against equity and good
conscience; and
(B) may not waive a debt under subparagraph
(A) if the debt involves fraud, the
presentation of a false claim, or
misrepresentation by the debtor or any party
having an interest in the claim.
(3) Presumption of repayment.--In determining
whether to waive a debt under paragraph (2), the
Administrator of the Federal Emergency Management
Agency shall presume that, if the adjusted gross income
(as defined under section 62 of the Internal Revenue
Code of 1986) of the household of the debtor for the
last taxable year ending in or with the calendar year
preceding the date on which the income is determined
exceeds $90,000, the debtor should be required to make
at least a partial payment on the debt.
(4) Reporting.--Not later than 3 months after the
date of enactment of this Act, and every 3 months
thereafter until the date that is 18 months after the
date of enactment of this Act, the Inspector General of
the Department of Homeland Security shall submit a
report that assesses the cost-effectiveness of the
efforts of the Federal Emergency Management Agency to
recoup improper payments under the Individuals and
Household Program under section 408 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5174) to--
(A) the Committee on Homeland Security and
Governmental Affairs and the Subcommittee on
Homeland Security of the Committee on
Appropriations of the Senate; and
(B) the Committee on Homeland Security, the
Committee on Transportation and Infrastructure,
and the Subcommittee on Homeland Security of
the Committee on Appropriations of the House of
Representatives.
Sec. 566. (a) Notwithstanding section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act and
subject to subsection (b), recipients of Small Business
Administration Disaster loans for disaster-related damage to
their homes may be eligible for reimbursement at the discretion
of the state, under Section 404 of that Act, for documented and
eligible mitigation work performed on their home.
(b) Limitations.--
(1) Any reimbursement provided to or on behalf of a
homeowner pursuant to subsection (a) shall not exceed
the amount of the disaster loan that may be used and
was used for disaster mitigation activities; and
(2) Subsection (a) shall only apply if the disaster
loan and assistance provided under section 404 were
made available in response to the same disaster
declaration.
(3) Shall be applicable only to disasters declared
by the President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170) during the period beginning on August
28, 2005 and ending on August 28, 2006.
(c) If a state chooses to use funds under section 404 to
reimburse homeowners as provided in subsection (a), it shall
make payments in the following order:
(1) First, to the Small Business Administration on
behalf of the eligible homeowner for the purpose of
reducing, but not below zero, the homeowner's
outstanding debt obligation to the Small Business
Administration for the disaster loan; and
(2) Second, any remaining reimbursement shall be
paid directly to the homeowner.
Sec. 567. None of the funds made available under this Act
or any prior appropriations Act may be provided to the
Association of Community Organizations for Reform Now (ACORN),
or any of its affiliates, subsidiaries, or allied
organizations.
Sec. 568. The Commissioner of U.S. Customs and Border
Protection and the Assistant Secretary of Homeland Security for
U.S. Immigration and Customs Enforcement each shall submit to
the Committees on Appropriations of the Senate and the House of
Representatives with the congressional budget justification, a
multi-year investment and management plan, to include each year
starting with the current fiscal year and the 3 subsequent
fiscal years, for their respective Offices of Information
Technology to include for that office--
(1) the funding level by source for all funds to be
executed;
(2) the funding included for each project and
activity tied to mission requirements, program
management capabilities, performance levels, and
specific capabilities and services to be delivered;
(3) the total estimated cost and projected timeline
of completion for all multi-year enhancements,
modernizations, and new capabilities proposed in the
current fiscal year or underway; and
(4) a detailed accounting of operation and
maintenance costs.
Sec. 569. The Secretary of Homeland Security shall ensure
enforcement of immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))).
(rescissions)
Sec. 570. Of the funds transferred to the Department of
Homeland Security when it was created in 2003, the following
funds are hereby rescinded from the following accounts and
programs in the specified amounts:
(1) $2,577,000 from Coast Guard ``Acquisition,
Construction, and Improvements'';
(2) $5,355,296 from U.S. Immigration and Customs
Enforcement ``Salaries and Expenses'';
(3) $99,012 from U.S. Immigration and Customs
Enforcement ``Violent Crime Reduction Programs'';
(4) $3,332,541 from U.S. Customs and Border
Protection ``Salaries and Expenses'';
(5) $3,121,248 from Department of Homeland Security
``Office for Domestic Preparedness'';
(6) $678,213 from Federal Emergency Management
Agency ``National Predisaster Mitigation Fund'';
(7) $5,201,000 from ``Working Capital Fund'';
(8) $95,998 from ``Counterterrorism Fund'';
(9) $41,091 from U.S. Customs and Border Protection
``Violent Crime Reduction Fund''; and
(10) $153,095 from U.S. Immigration and Customs
Enforcement ``Violent Crime Reduction Trust Fund''.
(rescissions)
Sec. 571. The following unobligated balances made
available to the Department of Homeland Security pursuant to
section 505 of Department of Homeland Security Appropriations
Act, 2011 (Public Law 112-10; 125 Stat. 147) are rescinded:
(1) $178,783 from ``Analysis and Operations'';
(2) $1,619,907 from U.S. Customs and Border
Protection ``Salaries and Expenses'';
(3) $296,022 from Transportation Security
Administration ``Federal Air Marshals'';
(4) $37,800,412 from Coast Guard ``Operating
Expenses'';
(5) $879,153 from Coast Guard ``Acquisition,
Construction, and Improvements'';
(6) $1,104,347 from United States Secret Service
``Salaries and Expenses'';
(7) $97,046 from National Protection and Programs
Directorate ``Management and Administration'';
(8) $78,764 from National Protection and Programs
Directorate ``Infrastructure Protection and Information
Security'';
(9) $117,133 from Office of Health Affairs
``Salaries and Expenses'';
(10) $1,301,581 from ``United States Citizenship
and Immigration Services'';
(11) $369,032 from Federal Law Enforcement Training
Center ``Salaries and Expenses'';
(12) $279,098 from Science and Technology
``Management and Administration'';
(13) $1,072,938 from Domestic Nuclear Detection
Office ``Management and Administration''; and
(14) $216,744 from Federal Emergency Management
Agency ``Management and Administration''.
(rescissions)
Sec. 572. Of the funds appropriated to the Department of
Homeland Security, the following unobligated balances are
hereby rescinded from the following accounts and programs in
the specified amounts:
(1) $10,000,000 from U.S. Immigration and Customs
Enforcement ``Salaries and Expenses'';
(2) $10,000,000 from U.S. Immigration and Customs
Enforcement ``Automation Modernization'';
(3) $5,000,000 from U.S. Customs and Border
Protection ``Automation Modernization'': Provided,
That no funds shall be rescinded from prior year
appropriations provided for the TECS modernization
program;
(4) $71,300,000 from Transportation Security
Administration ``Aviation Security'' account 70x0550;
(5) $7,000,000 from U.S. Customs and Border
Protection ``Border Security Fencing, Infrastructure,
and Technology'';
(6) $2,427,336 from Coast Guard ``Acquisition,
Construction, and Improvements'';
(7) $5,000,000 from the ``Office of the Chief
Information Officer'' related to Emerge2; and
(8) $27,400,000 from National Protection and
Programs Directorate ``United States Visitor and
Immigrant Indicator Technology''.
Sec. 573. Sections 1309(a) and 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) are each
amended by striking ``September 30, 2011'' and inserting ``the
earlier of the date of the enactment into law of an Act that
specifically amends the date specified in this section or May
31, 2012''.
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2012''.
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2012
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)),
$961,900,000, to remain available until expended; of which
$3,000,000 shall be available in fiscal year 2012 subject to a
match by at least an equal amount by the National Fish and
Wildlife Foundation for cost-shared projects supporting
conservation of Bureau lands; and such funds shall be advanced
to the Foundation as a lump-sum grant without regard to when
expenses are incurred.
In addition, $32,500,000 is for the processing of
applications for permit to drill and related use
authorizations, to remain available until expended, to be
reduced by amounts collected by the Bureau and credited to this
appropriation that shall be derived from $6,500 per new
application for permit to drill that the Bureau shall collect
upon submission of each new application, and in addition,
$39,696,000 is for Mining Law Administration program
operations, including the cost of administering the mining
claim fee program; to remain available until expended, to be
reduced by amounts collected by the Bureau and credited to this
appropriation from mining claim maintenance fees and location
fees that are hereby authorized for fiscal year 2012 so as to
result in a final appropriation estimated at not more than
$961,900,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by
the Bureau for the cost of administering communication site
activities.
construction
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $3,576,000, to
remain available until expended.
land acquisition
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative expenses
and acquisition of lands or waters, or interests therein,
$22,380,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $112,043,000, to remain available until expended:
Provided, That 25 percent of the aggregate of all receipts
during the current fiscal year from the revested Oregon and
California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the
Act of August 28, 1937 (50 Stat. 876).
range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and mineral
leasing receipts from Bankhead-Jones lands transferred to the
Department of the Interior pursuant to law, but not less than
$10,000,000, to remain available until expended: Provided,
That not to exceed $600,000 shall be available for
administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law
93-153, to remain available until expended: Provided, That,
notwithstanding any provision to the contrary of section 305(a)
of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a
result of forfeiture, compromise, or settlement, if not
appropriate for refund pursuant to section 305(c) of that Act
(43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve,
protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the
action of a resource developer, purchaser, permittee, or any
unauthorized person, without regard to whether all moneys
collected from each such action are used on the exact lands
damaged which led to the action: Provided further, That any
such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of the Act of October 21, 1976
(43 U.S.C. 1701), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of making
conveyances of omitted lands under section 211(b) of that Act,
to remain available until expended.
administrative provisions
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with public
and private entities, including with States. Appropriations for
the Bureau shall be available for purchase, erection, and
dismantlement of temporary structures, and alteration and
maintenance of necessary buildings and appurtenant facilities
to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information
or evidence concerning violations of laws administered by the
Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $10,000: Provided, That notwithstanding Public Law 90-
620 (44 U.S.C. 501), the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly
produced publications for which the cooperators share the cost
of printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted
quality standards: Provided further, That projects to be
funded pursuant to a written commitment by a State government
to provide an identified amount of money in support of the
project may be carried out by the Bureau on a reimbursable
basis. Appropriations herein made shall not be available for
the destruction of healthy, unadopted, wild horses and burros
in the care of the Bureau or its contractors or for the sale of
wild horses and burros that results in their destruction for
processing into commercial products.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific and
economic studies, general administration, and for the
performance of other authorized functions related to such
resources, $1,228,142,000, to remain available until September
30, 2013 except as otherwise provided herein: Provided, That
not to exceed $20,902,000 shall be used for implementing
subsections (a), (b), (c), and (e) of section 4 of the
Endangered Species Act, as amended, (except for processing
petitions, developing and issuing proposed and final
regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or
(c)(2)(B)(ii)), of which not to exceed $7,472,000 shall be used
for any activity regarding the designation of critical habitat,
pursuant to subsection (a)(3), excluding litigation support,
for species listed pursuant to subsection (a)(1) prior to
October 1, 2010; of which not to exceed $1,500,000 shall be
used for any activity regarding petitions to list species that
are indigenous to the United States pursuant to subsections
(b)(3)(A) and (b)(3)(B); and, of which not to exceed $1,500,000
shall be used for implementing subsections (a), (b), (c), and
(e) of section 4 of the Endangered Species Act, as amended, for
species that are not indigenous to the United States: Provided
further, That, in fiscal year 2012 and hereafter of the amount
available for law enforcement, up to $400,000, to remain
available until expended, may at the discretion of the
Secretary be used for payment for information, rewards, or
evidence concerning violations of laws administered by the
Service, and miscellaneous and emergency expenses of
enforcement activity, authorized or approved by the Secretary
and to be accounted for solely on the Secretary's certificate:
Provided further, That in fiscal year 2012 and hereafter, of
the amount provided for environmental contaminants, up to
$1,000,000 may remain available until expended for contaminant
sample analyses.
construction
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of fish
and wildlife resources, and the acquisition of lands and
interests therein; $23,088,000, to remain available until
expended.
land acquisition
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the United
States Fish and Wildlife Service, $54,720,000, to be derived
from the Land and Water Conservation Fund and to remain
available until expended, of which, notwithstanding 16 U.S.C.
460l-9, not more than $5,000,000 shall be for land conservation
partnerships authorized by the Highlands Conservation Act of
2004, including not to exceed $160,000 for administrative
expenses: Provided, That none of the funds appropriated for
specific land acquisition projects may be used to pay for any
administrative overhead, planning or other management costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et
seq.), $47,757,000, to remain available until expended, of
which $22,757,000 is to be derived from the Cooperative
Endangered Species Conservation Fund; and of which $25,000,000
is to be derived from the Land and Water Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,980,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act, as amended (16 U.S.C.
4401 et seq.), $35,554,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical
Migratory Bird Conservation Act, as amended, (16 U.S.C. 6101 et
seq.), $3,792,000, to remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C.
6301 et seq.), and the Marine Turtle Conservation Act of 2004
(16 U.S.C. 6601 et seq.), $9,481,000, to remain available until
expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and Indian tribes under the provisions of the Fish and Wildlife
Act of 1956 and the Fish and Wildlife Coordination Act, for the
development and implementation of programs for the benefit of
wildlife and their habitat, including species that are not
hunted or fished, $61,421,000, to remain available until
expended: Provided, That of the amount provided herein,
$4,275,000 is for a competitive grant program for Indian tribes
not subject to the remaining provisions of this appropriation:
Provided further, That $5,741,000 is for a competitive grant
program for States, territories, and other jurisdictions with
approved plans, not subject to the remaining provisions of this
appropriation: Provided further, That the Secretary shall,
after deducting $10,016,000 and administrative expenses,
apportion the amount provided herein in the following manner:
(1) to the District of Columbia and to the Commonwealth of
Puerto Rico, each a sum equal to not more than one-half of 1
percent thereof; and (2) to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more than one-fourth
of 1 percent thereof: Provided further, That the Secretary
shall apportion the remaining amount in the following manner:
(1) one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which is
less than 1 percent of the amount available for apportionment
under this paragraph for any fiscal year or more than 5 percent
of such amount: Provided further, That the Federal share of
planning grants shall not exceed 75 percent of the total costs
of such projects and the Federal share of implementation grants
shall not exceed 65 percent of the total costs of such
projects: Provided further, That the non-Federal share of such
projects may not be derived from Federal grant programs:
Provided further, That any amount apportioned in 2012 to any
State, territory, or other jurisdiction that remains
unobligated as of September 30, 2013, shall be reapportioned,
together with funds appropriated in 2014, in the manner
provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities. Appropriations and
funds available to the United States Fish and Wildlife Service
shall be available for repair of damage to public roads within
and adjacent to reservation areas caused by operations of the
Service; options for the purchase of land at not to exceed $1
for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with
their primary purpose; and the maintenance and improvement of
aquaria, buildings, and other facilities under the jurisdiction
of the Service and to which the United States has title, and
which are used pursuant to law in connection with management,
and investigation of fish and wildlife resources: Provided,
That notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators
in connection with jointly produced publications for which the
cooperators share at least one-half the cost of printing either
in cash or services and the Service determines the cooperator
is capable of meeting accepted quality standards: Provided
further, That the Service may accept donated aircraft as
replacements for existing aircraft.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service and for the general administration of the
National Park Service, $2,240,152,000, of which $9,832,000 for
planning and interagency coordination in support of Everglades
restoration and $97,883,000 for maintenance, repair, or
rehabilitation projects for constructed assets, operation of
the National Park Service automated facility management
software system, and comprehensive facility condition
assessments shall remain available until September 30, 2013.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, and grant administration, not otherwise provided
for, $59,975,000: Provided, That section 502(c) of the
Chesapeake Bay Initiative Act of 1998 (16 U.S.C. 461 note;
Public Law 105-312) is amended by striking ``2011'' and
inserting ``2013''.
historic preservation fund
For expenses necessary in carrying out the National
Historic Preservation Act (16 U.S.C. 470), and the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law 104-
333), $56,000,000, to be derived from the Historic Preservation
Fund and to remain available until September 30, 2013.
construction
(including rescission of funds)
For construction, improvements, repair, or replacement of
physical facilities, including modifications authorized by
section 104 of the Everglades National Park Protection and
Expansion Act of 1989 (16 U.S.C. 410r-8), $159,621,000, to
remain available until expended: Provided, That
notwithstanding any other provision of law, a single
procurement for the project to repair damage to the Washington
Monument may be issued that includes the full scope of the
project, so long as the solicitation and contract shall contain
the clause ``availability of appropriated funds'' found in CFR
section 52.232.18 of title 48.
From funds previously made available under this heading,
$4,000,000 are rescinded.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2012 by 16
U.S.C. 460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-4 through
11), including administrative expenses, and for acquisition of
lands or waters, or interest therein, in accordance with the
statutory authority applicable to the National Park Service,
$102,060,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended, of
which $45,000,000 is for the State assistance program and of
which $9,000,000 shall be for the American Battlefield
Protection Program grants as authorized by section 7301 of the
Omnibus Public Land Management Act of 2009 (Public Law 111-11).
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 407(d) of
Public Law 105-391, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without
further appropriation, for use at any unit within the National
Park System to extinguish or reduce liability for Possessory
Interest or leasehold surrender interest. Such funds may only
be used for this purpose to the extent that the benefitting
unit anticipated franchise fee receipts over the term of the
contract at that unit exceed the amount of funds used to
extinguish or reduce liability. Franchise fees at the
benefitting unit shall be credited to the sub-account of the
originating unit over a period not to exceed the term of a
single contract at the benefitting unit, in the amount of funds
so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water
Conservation Fund grants authorized by section 105(a)(2)(B) of
the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-
432), the National Park Service may retain up to 3 percent of
the amounts which are authorized to be disbursed under such
section, such retained amounts to remain available until
expended.
National Park Service funds may be transferred to the
Federal Highway Administration (FHWA), Department of
Transportation, for purposes authorized under 23 U.S.C. 204.
Transfers may include a reasonable amount for FHWA
administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30 U.S.C.
3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as
authorized by law; and to publish and disseminate data relative
to the foregoing activities; $1,069,744,000, to remain
available until September 30, 2013; of which $51,569,700 shall
remain available until expended for satellite operations; and
of which $7,292,000 shall be available until expended for
deferred maintenance and capital improvement projects that
exceed $100,000 in cost: Provided, That none of the funds
provided for the ecosystem research activity shall be used to
conduct new surveys on private property, unless specifically
authorized in writing by the property owner: Provided further,
That no part of this appropriation shall be used to pay more
than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in
cooperation with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for reimbursement to the General Services
Administration for security guard services; contracting for the
furnishing of topographic maps and for the making of
geophysical or other specialized surveys when it is
administratively determined that such procedures are in the
public interest; construction and maintenance of necessary
buildings and appurtenant facilities; acquisition of lands for
gauging stations and observation wells; expenses of the United
States National Committee on Geology; and payment of
compensation and expenses of persons on the rolls of the Survey
duly appointed to represent the United States in the
negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein made
may be accomplished through the use of contracts, grants, or
cooperative agreements as defined in section 6302 of title 31,
United States Code: Provided further, That the United States
Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41
U.S.C. 5, for the temporary or intermittent services of
students or recent graduates, who shall be considered employees
for the purpose of chapters 57 and 81 of title 5, United States
Code, relating to compensation for travel and work injuries,
and chapter 171 of title 28, United States Code, relating to
tort claims, but shall not be considered to be Federal
employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting leases, easements,
rights-of-way and agreements for use for oil and gas, other
minerals, energy, and marine-related purposes on the Outer
Continental Shelf and approving operations related thereto, as
authorized by law; for environmental studies, as authorized by
law; for implementing other laws to the extent provided by
Presidential or Secretarial delegation; and for matching grants
or cooperative agreements, $59,792,000, to remain available
until September 30, 2013; and an amount not to exceed
$101,082,000, to be credited to this appropriation and to
remain available until expended, from additions to receipts
resulting from increases to rates in effect on August 5, 1993,
that are collected and disbursed by the Secretary, and from
cost recovery fees from activities conducted by the Bureau of
Ocean Energy Management pursuant to the Outer Continental Shelf
Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided, That
notwithstanding 31 U.S.C. 3302, in fiscal year 2012, such
amounts as are assessed under 31 U.S.C. 9701 shall be collected
and credited to this account and shall be available until
expended for necessary expenses: Provided further, That to the
extent $101,082,000 in addition to receipts are not realized
from the sources of receipts stated above, the amount needed to
reach $101,082,000 shall be credited to this appropriation from
receipts resulting from rental rates for Outer Continental
Shelf leases in effect before August 5, 1993: Provided
further, That for fiscal year 2012 and each fiscal year
thereafter, the term ``qualified Outer Continental Shelf
revenues'', as defined in section 102(9)(A) of the Gulf of
Mexico Energy Security Act, division C of Public Law 109-432,
shall include only the portion or rental revenues that would
have been collected by the Secretary at the rental rates in
effect before August 5, 1993: Provided further, That not to
exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup
activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations
related to leases, easements, rights-of-way and agreements for
use for oil and gas, other minerals, energy, and marine-related
purposes on the Outer Continental Shelf, as authorized by law;
for enforcing and implementing laws and regulations as
authorized by law and to the extent provided by Presidential or
Secretarial delegation; and for matching grants or cooperative
agreements, $61,473,000, to remain available until September
30, 2013; and an amount not to exceed $59,081,000 to be
credited to this appropriation and to remain available until
expended, from additions to receipts resulting from increases
to rates in effect on August 5, 1993, that are collected and
disbursed by the Secretary, from cost recovery fees from
activities conducted by the Bureau of Safety and Environmental
Enforcement pursuant to the Outer Continental Shelf Lands Act,
including studies, assessments, analysis, and miscellaneous
administrative activities: Provided, That notwithstanding 31
U.S.C. 3302, in fiscal year 2012, such amounts as are assessed
under 31 U.S.C. 9701 shall be collected and credited to this
account and shall be available until expended for necessary
expenses: Provided further, That to the extent $59,081,000 in
addition to receipts are not realized from the sources of
receipts stated above, the amount needed to reach $59,081,000
shall be credited to this appropriation from receipts resulting
from rental rates for Outer Continental Shelf leases in effect
before August 5, 1993: Provided further, That for fiscal year
2012 and each fiscal year thereafter, the term ``qualified
Outer Continental Shelf revenues'', as defined in section
102(9)(A) of the Gulf of Mexico Energy Security Act, division C
of Public Law 109-432, shall include only the portion of rental
revenues that would have been collected by the Secretary at the
rental rates in effect before August 5, 1993.
For an additional amount, $62,000,000, to remain available
until expended, which shall be derived from non-refundable
inspection fees collected in fiscal year 2012, as provided in
this Act: Provided, That to the extent that such amounts are
not realized from such fees, the amount needed to reach
$62,000,000 shall be credited to this appropriation from
receipts resulting from rental rates for Outer Continental
Shelf leases in effect before August 5, 1993: Provided
further, That to the extent that amounts realized from such
fees exceed $62,000,000, the amounts realized in excess of
$62,000,000 shall be credited to this appropriation and remain
available until expended: Provided further, That for fiscal
year 2012, not less than 50 percent of the inspection fees
collected by the Bureau of Safety and Environmental Enforcement
will be used to fund personnel and mission-related costs to
expand capacity and expedite the orderly development, subject
to environmental safeguards, of the Outer Continental Shelf
pursuant to the Outer Continental Shelf Lands Act (43 U.S.C.
1331 et seq.), including the review of applications for permits
to drill.
oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $14,923,000,
which shall be derived from the Oil Spill Liability Trust Fund,
to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public Law
95-87, as amended, $122,950,000, to remain available until
September 30, 2013: Provided, That appropriations for the
Office of Surface Mining Reclamation and Enforcement may
provide for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining Reclamation
and Enforcement sponsored training: Provided further, That, in
fiscal year 2012, up to $40,000 collected by the Office of
Surface Mining from permit fees pursuant to section 507 of
Public Law 95-87 (30 U.S.C. 1257) shall be credited to this
account as discretionary offsetting collections, to remain
available until expended: Provided further, That the sum
herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final
fiscal year 2012 appropriation estimated at not more than
$122,910,000: Provided further, That, in subsequent fiscal
years, all amounts collected by the Office of Surface Mining
from permit fees pursuant to section 507 of Public Law 95-87
(30 U.S.C. 1257) shall be credited to this account as
discretionary offsetting collections, to remain available until
expended.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
as amended, $27,443,000, to be derived from receipts of the
Abandoned Mine Reclamation Fund and to remain available until
expended: Provided, That pursuant to Public Law 97-365, the
Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the
United States Government to pay for contracts to collect these
debts: Provided further, That funds made available under title
IV of Public Law 95-87 may be used for any required non-Federal
share of the cost of projects funded by the Federal Government
for the purpose of environmental restoration related to
treatment or abatement of acid mine drainage from abandoned
mines: Provided further, That such projects must be consistent
with the purposes and priorities of the Surface Mining Control
and Reclamation Act: Provided further, That amounts provided
under this heading may be used for the travel and per diem
expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
administrative provision
With funds available for the Technical Innovation and
Professional Services program in this Act, the Secretary may
transfer title for computer hardware, software and other
technical equipment to State and tribal regulatory and
reclamation programs.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination
and Education Assistance Act of 1975 (25 U.S.C. 450 et seq.),
as amended, the Education Amendments of 1978 (25 U.S.C. 2001-
2019), and the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.), as amended, $2,371,532,000, to remain
available until September 30, 2013 except as otherwise provided
herein; of which not to exceed $8,500 may be for official
reception and representation expenses; of which not to exceed
$74,911,000 shall be for welfare assistance payments:
Provided, That in cases of designated Federal disasters, the
Secretary may exceed such cap, from the amounts provided
herein, to provide for disaster relief to Indian communities
affected by the disaster; of which, notwithstanding any other
provision of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, not to exceed
$219,560,000 shall be available for payments for contract
support costs associated with ongoing contracts, grants,
compacts, or annual funding agreements entered into with the
Bureau prior to or during fiscal year 2012, as authorized by
such Act, except that tribes and tribal organizations may use
their tribal priority allocations for unmet contract support
costs of ongoing contracts, grants, or compacts, or annual
funding agreements and for unmet welfare assistance costs; of
which not to exceed $590,484,000 for school operations costs of
Bureau-funded schools and other education programs shall become
available on July 1, 2012, and shall remain available until
September 30, 2013; and of which not to exceed $48,049,000
shall remain available until expended for housing improvement,
road maintenance, attorney fees, litigation support, the Indian
Self-Determination Fund, land records improvement, and the
Navajo-Hopi Settlement Program: Provided further, That
notwithstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975, as
amended, and 25 U.S.C. 2008, not to exceed $46,327,000 within
and only from such amounts made available for school operations
shall be available for administrative cost grants associated
with ongoing grants entered into with the Bureau prior to or
during fiscal year 2011 for the operation of Bureau-funded
schools, and up to $500,000 within and only from such amounts
made available for administrative cost grants shall be
available for the transitional costs of initial administrative
cost grants to grantees that assume operation on or after July
1, 2011, of Bureau-funded schools: Provided further, That any
forestry funds allocated to a tribe which remain unobligated as
of September 30, 2013, may be transferred during fiscal year
2014 to an Indian forest land assistance account established
for the benefit of the holder of the funds within the holder's
trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on
September 30, 2014: Provided further, That in order to enhance
the safety of Bureau field employees, the Bureau may use funds
to purchase uniforms or other identifying articles of clothing
for personnel.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and
preparation of lands for farming, and for construction of the
Navajo Indian Irrigation Project pursuant to Public Law 87-483,
$123,828,000, to remain available until expended: Provided,
That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the
Bureau of Reclamation: Provided further, That not to exceed 6
percent of contract authority available to the Bureau of Indian
Affairs from the Federal Highway Trust Fund may be used to
cover the road program management costs of the Bureau:
Provided further, That any funds provided for the Safety of
Dams program pursuant to 25 U.S.C. 13 shall be made available
on a nonreimbursable basis: Provided further, That for fiscal
year 2012, in implementing new construction or facilities
improvement and repair project grants in excess of $100,000
that are provided to grant schools under Public Law 100-297, as
amended, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in 43 CFR part 12 as the
regulatory requirements: Provided further, That such grants
shall not be subject to section 12.61 of 43 CFR; the Secretary
and the grantee shall negotiate and determine a schedule of
payments for the work to be performed: Provided further, That
in considering grant applications, the Secretary shall consider
whether such grantee would be deficient in assuring that the
construction projects conform to applicable building standards
and codes and Federal, tribal, or State health and safety
standards as required by 25 U.S.C. 2005(b), with respect to
organizational and financial management capabilities: Provided
further, That if the Secretary declines a grant application,
the Secretary shall follow the requirements contained in 25
U.S.C. 2504(f): Provided further, That any disputes between
the Secretary and any grantee concerning a grant shall be
subject to the disputes provision in 25 U.S.C. 2507(e):
Provided further, That in order to ensure timely completion of
construction projects, the Secretary may assume control of a
project and all funds related to the project, if, within 18
months of the date of enactment of this Act, any grantee
receiving funds appropriated in this Act or in any prior Act,
has not completed the planning and design phase of the project
and commenced construction: Provided further, That this
appropriation may be reimbursed from the Office of the Special
Trustee for American Indians appropriation for the appropriate
share of construction costs for space expansion needed in
agency offices to meet trust reform implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements
pursuant to Public Laws 99-264, 100-580, 101-618, 108-447, and
111-11, and for implementation of other land and water rights
settlements, $32,855,000, to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans,
$7,114,000, of which $964,000 is for administrative expenses,
as authorized by the Indian Financing Act of 1974, as amended:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize total loan principal, any part of which
is to be guaranteed or insured, not to exceed $73,365,796.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts, and grants, either directly or in
cooperation with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management,
operation, and maintenance of the Power Division of the San
Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (except the
Revolving Fund for Loans Liquidating Account, Indian Loan
Guaranty and Insurance Fund Liquidating Account, Indian
Guaranteed Loan Financing Account, Indian Direct Loan Financing
Account, and the Indian Guaranteed Loan Program account) shall
be available for expenses of exhibits.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
oversight and Executive Direction and Administrative Services
(except executive direction and administrative services funding
for Tribal Priority Allocations, regional offices, and
facilities operations and maintenance) shall be available for
contracts, grants, compacts, or cooperative agreements with the
Bureau of Indian Affairs under the provisions of the Indian
Self-Determination Act or the Tribal Self-Governance Act of
1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs, this
action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or that
tribe's ability to access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq.,
shall be available to support the operation of any elementary
or secondary school in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the
schools in the Bureau school system as of September 1, 1996. No
funds available to the Bureau shall be used to support expanded
grades for any school or dormitory beyond the grade structure
in place or approved by the Secretary of the Interior at each
school in the Bureau school system as of October 1, 1995,
except that any school or school program that was closed and
removed from the Bureau school system between 1951 and 1972,
and its respective tribe's relationship with the Federal
Government was terminated, shall be reinstated to the Bureau
system and supported at a level based on its grade structure
and average student enrollment for the 2009-2010, 2010-2011 and
2011-2012 school years. Funds made available under this Act may
not be used to establish a charter school at a Bureau-funded
school (as that term is defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021)), except that a
charter school that is in existence on the date of the
enactment of this Act and that has operated at a Bureau-funded
school before September 1, 1999, may continue to operate during
that period, but only if the charter school pays to the Bureau
a pro rata share of funds to reimburse the Bureau for the use
of the real and personal property (including buses and vans),
the funds of the charter school are kept separate and apart
from Bureau funds, and the Bureau does not assume any
obligation for charter school programs of the State in which
the school is located if the charter school loses such funding.
Employees of Bureau-funded schools sharing a campus with a
charter school and performing functions related to the charter
school's operation and employees of a charter school shall not
be treated as Federal employees for purposes of chapter 171 of
title 28, United States Code.
Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106-113, if
in fiscal year 2003 or 2004 a grantee received indirect and
administrative costs pursuant to a distribution formula based
on section 5(f) of Public Law 101-301, the Secretary shall
continue to distribute indirect and administrative cost funds
to such grantee using the section 5(f) distribution formula.
Departmental Offices
Office of the Secretary
departmental operations
For necessary expenses for management of the Department of
the Interior, including the collection and disbursement of
royalties, fees, and other mineral revenue proceeds, as
authorized by law, $262,317,000, to remain available until
September 30, 2013; of which not to exceed $15,000 may be for
official reception and representation expenses; and of which up
to $1,000,000 shall be available for workers compensation
payments and unemployment compensation payments associated with
the orderly closure of the United States Bureau of Mines; and
of which $12,712,000 for the Office of Valuation Services is to
be derived from the Land and Water Conservation Fund and shall
remain available until expended; and of which $38,300,000 shall
remain available until expended for the purpose of mineral
revenue management activities: Provided, That, for fiscal year
2012, up to $400,000 of the payments authorized by the Act of
October 20, 1976, as amended (31 U.S.C. 6901-6907) may be
retained for administrative expenses of the Payments in Lieu of
Taxes Program: Provided further, That no payment shall be made
pursuant to that Act to otherwise eligible units of local
government if the computed amount of the payment is less than
$100: Provided further, That notwithstanding any other
provision of law, $15,000 under this heading shall be available
for refunds of overpayments in connection with certain Indian
leases in which the Secretary concurred with the claimed refund
due, to pay amounts owed to Indian allottees or tribes, or to
correct prior unrecoverable erroneous payments: Provided
further, That, notwithstanding the provisions of section 35(b)
of the Mineral Leasing Act, as amended (30 U.S.C. 191(b)), the
Secretary shall deduct 2 percent from the amount payable to
each State in fiscal year 2012 and deposit the amount deducted
to miscellaneous receipts of the Treasury.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior and other
jurisdictions identified in section 104(e) of Public Law 108-
188, $87,997,000, of which: (1) $78,517,000 shall remain
available until expended for territorial assistance, including
general technical assistance, maintenance assistance, disaster
assistance, insular management controls, coral reef initiative
activities, and brown tree snake control and research; grants
to the judiciary in American Samoa for compensation and
expenses, as authorized by law (48 U.S.C. 1661(c)); grants to
the Government of American Samoa, in addition to current local
revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands as
authorized by law; grants to the Government of Guam, as
authorized by law; and grants to the Government of the Northern
Mariana Islands as authorized by law (Public Law 94-241; 90
Stat. 272); and (2) $9,480,000 shall be available until
September 30, 2013 for salaries and expenses of the Office of
Insular Affairs: Provided, That all financial transactions of
the territorial and local governments herein provided for,
including such transactions of all agencies or
instrumentalities established or used by such governments, may
be audited by the Government Accountability Office, at its
discretion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That Northern Mariana Islands
Covenant grant funding shall be provided according to those
terms of the Agreement of the Special Representatives on Future
United States Financial Assistance for the Northern Mariana
Islands approved by Public Law 104-134: Provided further, That
the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine
operations and maintenance improvement of capital
infrastructure with territorial participation and cost sharing
to be determined by the Secretary based on the grantee's
commitment to timely maintenance of its capital assets:
Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $3,318,000, to remain
available until expended, as provided for in sections 221(a)(2)
and 233 of the Compact of Free Association for the Republic of
Palau; and section 221(a)(2) of the Compacts of Free
Association for the Government of the Republic of the Marshall
Islands and the Federated States of Micronesia, as authorized
by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided under
section 104(e) of Public Law 108-188 and Public Law 104-134,
that are allocated for Guam, to the Secretary of Agriculture
for the subsidy cost of direct or guaranteed loans, plus not to
exceed three percent of the amount of the subsidy transferred
for the cost of loan administration, for the purposes
authorized by the Rural Electrification Act of 1936 and section
306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds
shall remain available until expended: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such loans or loan guarantees may be
made without regard to the population of the area, credit
elsewhere requirements, and restrictions on the types of
eligible entities under the Rural Electrification Act of 1936
and section 306(a)(1) of the Consolidated Farm and Rural
Development Act: Provided further, That any funds transferred
to the Secretary of Agriculture shall be in addition to funds
otherwise made available to make or guarantee loans under such
authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$66,296,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$49,471,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $152,319,000, to remain available until expended, of
which not to exceed $31,171,000 from this or any other Act,
shall be available for historical accounting: Provided, That
funds for trust management improvements and litigation support
may, as needed, be transferred to or merged with the Bureau of
Indian Affairs, ``Operation of Indian Programs'' account; the
Office of the Solicitor, ``Salaries and Expenses'' account; and
the Office of the Secretary, ``Salaries and Expenses'' account:
Provided further, That funds made available through contracts
or grants obligated during fiscal year 2012, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et
seq.), shall remain available until expended by the contractor
or grantee: Provided further, That, notwithstanding any other
provision of law, the statute of limitations shall not commence
to run on any claim, including any claim in litigation pending
on the date of the enactment of this Act, concerning losses to
or mismanagement of trust funds, until the affected tribe or
individual Indian has been furnished with an accounting of such
funds from which the beneficiary can determine whether there
has been a loss: Provided further, That, notwithstanding any
other provision of law, the Secretary shall not be required to
provide a quarterly statement of performance for any Indian
trust account that has not had activity for at least 18 months
and has a balance of $15 or less: Provided further, That the
Secretary shall issue an annual account statement and maintain
a record of any such accounts and shall permit the balance in
each such account to be withdrawn upon the express written
request of the account holder: Provided further, That not to
exceed $50,000 is available for the Secretary to make payments
to correct administrative errors of either disbursements from
or deposits to Individual Indian Money or Tribal accounts after
September 30, 2002: Provided further, That erroneous payments
that are recovered shall be credited to and remain available in
this account for this purpose.
Department-wide Programs
wildland fire management
(including transfers and rescission of funds)
For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency
rehabilitation, hazardous fuels reduction, and rural fire
assistance by the Department of the Interior, $566,495,000, to
remain available until expended, of which not to exceed
$6,137,000 shall be for the renovation or construction of fire
facilities: Provided, That such funds are also available for
repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes:
Provided further, That persons hired pursuant to 43 U.S.C. 1469
may be furnished subsistence and lodging without cost from
funds available from this appropriation: Provided further,
That notwithstanding 42 U.S.C. 1856d, sums received by a bureau
or office of the Department of the Interior for fire protection
rendered pursuant to 42 U.S.C. 1856 et seq., protection of
United States property, may be credited to the appropriation
from which funds were expended to provide that protection, and
are available without fiscal year limitation: Provided
further, That using the amounts designated under this title of
this Act, the Secretary of the Interior may enter into
procurement contracts, grants, or cooperative agreements, for
hazardous fuels reduction activities, and for training and
monitoring associated with such hazardous fuels reduction
activities, on Federal land, or on adjacent non-Federal land
for activities that benefit resources on Federal land:
Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any
non-Federal entity may be shared, as mutually agreed on by the
affected parties: Provided further, That notwithstanding
requirements of the Competition in Contracting Act, the
Secretary, for purposes of hazardous fuels reduction
activities, may obtain maximum practicable competition among:
(1) local private, nonprofit, or cooperative entities; (2)
Youth Conservation Corps crews, Public Lands Corps (Public Law
109-154), or related partnerships with State, local, or
nonprofit youth groups; (3) small or micro-businesses; or (4)
other entities that will hire or train locally a significant
percentage, defined as 50 percent or more, of the project
workforce to complete such contracts: Provided further, That
in implementing this section, the Secretary shall develop
written guidance to field units to ensure accountability and
consistent application of the authorities provided herein:
Provided further, That funds appropriated under this heading
may be used to reimburse the United States Fish and Wildlife
Service and the National Marine Fisheries Service for the costs
of carrying out their responsibilities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act, in connection
with wildland fire management activities: Provided further,
That the Secretary of the Interior may use wildland fire
appropriations to enter into noncompetitive sole-source leases
of real property with local governments, at or below fair
market value, to construct capitalized improvements for fire
facilities on such leased properties, including but not limited
to fire guard stations, retardant stations, and other initial
attack and fire support facilities, and to make advance
payments for any such lease or for construction activity
associated with the lease: Provided further, That the
Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000,
between the Departments when such transfers would facilitate
and expedite wildland fire management programs and projects:
Provided further, That funds provided for wildfire suppression
shall be available for support of Federal emergency response
actions: Provided further, That funds appropriated under this
heading shall be available for assistance to or through the
Department of State in connection with forest and rangeland
research, technical information, and assistance in foreign
countries, and, with the concurrence of the Secretary of State,
shall be available to support forestry, wildland fire
management, and related natural resource activities outside the
United States and its territories and possessions, including
technical assistance, education and training, and cooperation
with United States and international organizations: Provided
further, That before obligating any of the funds provided
herein for wildland fire suppression, the Secretary of the
Interior shall obligate all unobligated balances previously
made available under this heading that, when appropriated, were
designated by Congress as an emergency requirement pursuant to
the Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985 and notify the
Committees on Appropriations of the House of Representatives
and the Senate in writing of the imminent need to begin
obligating funds provided herein for wildland fire suppression:
Provided further, That of the funds made available under this
heading for wildland fire suppression in fiscal year 2011,
$82,000,000 are rescinded.
flame wildfire suppression reserve fund
(including transfer of funds)
For necessary expenses for large fire suppression
operations of the Department of the Interior and as a reserve
fund for suppression and Federal emergency response activities,
$92,000,000, to remain available until expended: Provided,
That such amounts are available only for transfer to the
``Wildland Fire Management'' account and only following a
declaration by the Secretary that either (1) a wildland fire
suppression event meets certain previously established risk-
based written criteria for significant complexity, severity, or
threat posed by the fire or (2) funds in the ``Wildland Fire
Management'' account will be exhausted within 30 days.
central hazardous materials fund
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the response
action, including associated activities, performed pursuant to
the Comprehensive Environmental Response, Compensation, and
Liability Act, as amended (42 U.S.C. 9601 et seq.),
$10,149,000, to remain available until expended.
natural resource damage assessment and restoration
natural resource damage assessment fund
To conduct natural resource damage assessment and
restoration activities by the Department of the Interior
necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), the Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil
Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public Law
101-337, as amended (16 U.S.C. 19jj et seq.), $6,263,000, to
remain available until expended.
working capital fund
For the acquisition of a departmental financial and
business management system, information technology improvements
of general benefit to the Department, strengthening the
Department's acquisition workforce capacity and capabilities,
and consolidation of facilities and operations throughout the
Department, $62,019,000, to remain available until expended:
Provided, That such funds shall be available for training,
recruitment, retention, and hiring members of the acquisition
workforce as defined by the Office of Federal Procurement
Policy Act as amended (41 U.S.C. 401 et seq.): Provided
further, That none of the funds appropriated in this Act or any
other Act may be used to establish reserves in the Working
Capital Fund account other than for accrued annual leave and
depreciation of equipment without prior approval of the House
of Representatives and Senate Committees on Appropriations:
Provided further, That the Secretary may assess reasonable
charges to State, local and tribal government employees for
training services provided by the National Indian Program
Training Center, other than training related to Public Law 93-
638: Provided further, That the Secretary may lease or
otherwise provide space and related facilities, equipment or
professional services of the National Indian Program Training
Center to State, local and tribal government employees or
persons or organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of title
40, United States Code) at the prevailing rate for similar
space, facilities, equipment, or services in the vicinity of
the National Indian Program Training Center: Provided further,
That all funds received pursuant to the two preceding provisos
shall be credited to this account, shall be available until
expended, and shall be used by the Secretary for necessary
expenses of the National Indian Program Training Center.
administrative provision
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the emergency
reconstruction, replacement, or repair of aircraft, buildings,
utilities, or other facilities or equipment damaged or
destroyed by fire, flood, storm, or other unavoidable causes:
Provided, That no funds shall be made available under this
authority until funds specifically made available to the
Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to
this section must be replenished by a supplemental
appropriation which must be requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of the
several agencies, for the suppression or emergency prevention
of wildland fires on or threatening lands under the
jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills or releases
of hazardous substances into the environment; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 417(b) of Public Law 106-224 (7 U.S.C. 7717(b)); for
emergency reclamation projects under section 410 of Public Law
95-87; and shall transfer, from any no year funds available to
the Office of Surface Mining Reclamation and Enforcement, such
funds as may be necessary to permit assumption of regulatory
authority in the event a primacy State is not carrying out the
regulatory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for wildland fire
operations shall be available for the payment of obligations
incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of
vehicles, aircraft, or other equipment in connection with their
use for wildland fire operations, such reimbursement to be
credited to appropriations currently available at the time of
receipt thereof: Provided further, That for wildland fire
operations, no funds shall be made available under this
authority until the Secretary determines that funds
appropriated for ``wildland fire operations'' and ``FLAME
Wildfire Suppression Reserve Fund'' shall be exhausted within
30 days: Provided further, That all funds used pursuant to
this section must be replenished by a supplemental
appropriation which must be requested as promptly as possible:
Provided further, That such replenishment funds shall be used
to reimburse, on a pro rata basis, accounts from which
emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by section 3109 of title 5, United States Code, when
authorized by the Secretary, in total amount not to exceed
$500,000; purchase and replacement of motor vehicles, including
specially equipped law enforcement vehicles; hire, maintenance,
and operation of aircraft; hire of passenger motor vehicles;
purchase of reprints; payment for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in
societies or associations which issue publications to members
only or at a price to members lower than to subscribers who are
not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of the Special
Trustee for American Indians and any unobligated balances from
prior appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust
management and reform activities. Total funding for historical
accounting activities shall not exceed amounts specifically
designated in this Act for such purpose.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base funds,
to alleviate tribal funding inequities by transferring funds to
address identified, unmet needs, dual enrollment, overlapping
service areas or inaccurate distribution methodologies. No
tribe shall receive a reduction in Tribal Priority Allocation
funds of more than 10 percent in fiscal year 2012. Under
circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent
limitation does not apply.
payment of fees
Sec. 106. The Secretary of the Interior may use
discretionary funds to pay private attorney fees and costs for
employees and former employees of the Department of the
Interior reasonably incurred in connection with Cobell v.
Salazar to the extent that such fees and costs are not paid by
the Department of Justice or by private insurance. In no case
shall the Secretary make payments under this section that would
result in payment of hourly fees in excess of the highest
hourly rate approved by the District Court for the District of
Columbia for counsel in Cobell v. Salazar.
everglades ecosystem restoration
Sec. 107. This and any subsequent fiscal year, the
National Park Service is authorized to implement modifications
to the Tamiami Trail as described in, and in accordance with,
the preferred alternative identified in the final environmental
impact statement noticed in the Federal Register on December
14, 2010, (75 Fed. Reg. 77896), relating to restoration efforts
of the Everglades ecosystem.
ellis, governors, and liberty islands
Sec. 108. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein including the use of all or part
of any pier, dock, or landing within the State of New York and
the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities, by
donation or with appropriated funds, including franchise fees
(and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases,
subleases, concession contracts or other agreements for the use
of such facilities on such terms and conditions as the
Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 109. (a) In fiscal year 2012, the Secretary shall
collect a nonrefundable inspection fee, which shall be
deposited in the ``Ocean Energy Management'' account, from the
designated operator for facilities subject to inspection under
43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are
above the waterline, excluding drilling rigs, and are in place
at the start of the fiscal year. Fees for fiscal year 2012
shall be:
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with
any combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells,
with any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all
inspections completed in fiscal year 2012. Fees for fiscal year
2012 shall be:
(1) $30,500 per inspection for rigs operating in
water depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in
water depths of less than 500 feet.
(d) The Secretary shall bill designated operators under
subsection (b) within 60 days, with payment required within 30
days of billing. The Secretary shall bill designated operators
under subsection (c) within 30 days of the end of the month in
which the inspection occurred, with payment required within 30
days of billing.
oil and gas leasing internet program
Sec. 110. Notwithstanding section 17(b)(1)(A) of the
Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)), the Secretary of
the Interior shall have the authority to establish an oil and
gas leasing Internet program, under which the Secretary may
conduct lease sales through methods other than oral bidding.
indian probate judges
Sec. 111. Section 108 of Public Law 109-54 (the Department
of the Interior, Environment, and Related Agencies
Appropriations Act, 2006) is amended by striking ``in fiscal
years 2006 through 2010, for the purpose of reducing the
backlog of'' and inserting ``for fiscal year 2006 and each
fiscal year thereafter, for the purpose of adjudicating''.
bureau of ocean energy management, regulation and enforcement
reorganization
Sec. 112. The Secretary of the Interior, in order to
implement a reorganization of the Bureau of Ocean Energy
Management, Regulation and Enforcement, may establish accounts
and transfer funds among and between the offices and bureaus
affected by the reorganization only in conformance with the
reprogramming guidelines described in the report accompanying
this Act.
authorized use of indian education funds
Sec. 113. Beginning July 1, 2008, any funds (including
investments and interest earned, except for construction funds)
held by a Public Law 100-297 grant or a Public Law 93-638
contract school shall, upon retrocession to or re-assumption by
the Bureau of Indian Education, remain available to the Bureau
of Indian Education for a period of 5 years from the date of
retrocession or re-assumption for the benefit of the programs
approved for the school on October 1, 1995.
contracts and agreements for wild horse and burro holding facilities
Sec. 114. (a) Notwithstanding any other provision of this
Act, the Secretary of the Interior may enter into multiyear
cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts in
accordance with the provisions of section 304B of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
254c) (except that the 5-year term restriction in subsection
(d) shall not apply), for the long-term care and maintenance of
excess wild free roaming horses and burros by such
organizations or entities on private land. Such cooperative
agreements and contracts may not exceed 10 years, subject to
renewal at the discretion of the Secretary.
(b) During fiscal year 2012 and subsequent fiscal years, in
carrying out work involving cooperation with any State or
political subdivision thereof, the Bureau of Land Management
may record obligations against accounts receivable from any
such entities.
bureau of indian education operated schools
Sec. 115. (a)(1) Notwithstanding any other provision of law
or Federal regulation, including section 586(c) of title 40,
United States Code, the Director of the BIE, or the Director's
designee, is authorized to enter into agreements with public
and private persons and entities that provide for such persons
and entities to rent or lease the land or facilities of a
Bureau-operated school for such periods of time as the school
is Bureau operated, in exchange for a consideration (in the
form of funds) that benefits the school, as determined by the
head of the school.
(2) Funds received under paragraph (1) shall be retained by
the school and used for school purposes otherwise authorized by
law. Any funds received under paragraph (1) are hereby made
available until expended for such purposes, notwithstanding
section 3302 of title 31, United States Code.
(3) Nothing in this section shall be construed to allow for
the diminishment of, or otherwise affect, the appropriation of
funds to the budget accounts for the operation and maintenance
of Bureau-operated schools. No funds shall be withheld from the
distribution to the budget of any Bureau-operated school due to
the receipt by the school of a benefit in accordance with this
section.
(b) Notwithstanding any provision of title 5, United States
Code, or any regulation promulgated under such title, education
personnel who are under the direction and supervision of the
Secretary of the Interior may participate in a fundraising
activity for the benefit of a Bureau-operated school in an
official capacity as part of their official duties. When
participating in such an official capacity, the employee may
use the employee's official title, position, and authority.
Nothing in this subsection shall be construed to authorize
participation in political activity (as such term is used in
section 7324 of title 5, United States Code) otherwise
prohibited by law.
(c) The Secretary of the Interior shall promulgate
regulations to carry out this section not later than 16 months
after the date of the enactment of this Act. Such regulations
shall include--
(1) standards for the appropriate use of Bureau-
operated school lands and facilities by third parties
under a rental or lease agreement;
(2) provisions for the establishment and
administration of mechanisms for the acceptance of
consideration for the use and benefit of a school in
accordance with this section (including, in appropriate
cases, the establishment and administration of trust
funds);
(3) accountability standards to ensure ethical
conduct; and
(4) provisions for monitoring the amount and terms
of consideration received, the manner in which the
consideration is used, and any results achieved by such
use.
(d) Provisions of this section shall apply to fiscal years
2012 through 2014.
authorized use of funds
Sec. 116. Section 3006 of Public Law 111-212 is amended by
striking ``For fiscal years 2010 and 2011'' and inserting ``For
fiscal years 2010 through 2012''.
mass marking of salmonids
Sec. 117. The United States Fish and Wildlife Service
shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a system
of mass marking of salmonid stocks, intended for harvest, that
are released from federally operated or federally financed
hatcheries including but not limited to fish releases of coho,
chinook, and steelhead species. Marked fish must have a visible
mark that can be readily identified by commercial and
recreational fishers.
prohibition on use of funds
Sec. 118. (a) Any proposed new use of the Arizona &
California Railroad Company's Right of Way for conveyance of
water shall not proceed unless the Secretary of the Interior
certifies that the proposed new use is within the scope of the
Right of Way.
(b) No funds appropriated or otherwise made available to
the Department of the Interior may be used, in relation to any
proposal to store water underground for the purpose of export,
for approval of any right-of-way or similar authorization on
the Mojave National Preserve or lands managed by the Needles
Field Office of the Bureau of Land Management, or for carrying
out any activities associated with such right-of-way or similar
approval.
yukon-charley national preserve
Sec. 119. None of the funds made available by this Act may
be used by the Secretary of the Interior to implement or
enforce regulations concerning boating within Yukon-Charley
National Preserve, including waters subject to the jurisdiction
of the United States, pursuant to section 3(h) of Public Law
91-383 (16 U.S.C. 1a-2(h)) or any other authority. This section
does not affect the authority of the Coast Guard to regulate
the use of waters subject to the jurisdiction of the United
States within the Yukon-Charley National Preserve.
republic of palau
Sec. 120. (a) In General.--Subject to subsection (c), the
United States Government, through the Secretary of the Interior
shall provide to the Government of Palau for fiscal year 2012
grants in amounts equal to the annual amounts specified in
subsections (a), (c), and (d) of section 211 of the Compact of
Free Association between the Government of the United States of
America and the Government of Palau (48 U.S.C. 1931 note)
(referred to in this section as the ``Compact'').
(b) Programmatic Assistance.--Subject to subsection (c),
the United States shall provide programmatic assistance to the
Republic of Palau for fiscal year 2012 in amounts equal to the
amounts provided in subsections (a) and (b)(1) of section 221
of the Compact.
(c) Limitations on Assistance.--
(1) In general.--The grants and programmatic
assistance provided under subsections (a) and (b) shall
be provided to the same extent and in the same manner
as the grants and assistance were provided in fiscal
year 2009.
(2) Trust fund.--If the Government of Palau
withdraws more than $5,000,000 from the trust fund
established under section 211(f) of the Compact,
amounts to be provided under subsections (a) and (b)
shall be withheld from the Government of Palau.
hiring authorities
Sec. 121. (a) Direct Hire Authority.--
(1) During fiscal year 2012 and thereafter, the
Secretary of the Interior may appoint, without regard
to the provisions of subchapter I of chapter 33 of
title 5, United States Code, other than sections 3303
and 3328 of such title, a qualified candidate described
in paragraph (1) directly to a position with a land
managing agency of the Department of the Interior for
which the candidate meets Office of Personnel
Management qualification standards.
(2) Paragraph (1) applies with respect to a former
resource assistant (as defined in section 203 of the
Public Land Corps Act (16 U.S.C. 1722)) who--
(A) completed a rigorous undergraduate or
graduate summer internship with a land managing
agency, such as the National Park Service
Business Plan Internship;
(B) successfully fulfilled the requirements
of the internship program; and
(C) subsequently earned an undergraduate or
graduate degree from an accredited institution
of higher education.
(3) The direct hire authority under this subsection
may not be exercised with respect to a specific
qualified candidate after the end of the two-year
period beginning on the date on which the candidate
completed the undergraduate or graduate degree, as the
case may be.
(b) Local Hire Authority.--Section 1308 of the Alaska
National Interest Lands Conservation Act of 1980 (16 U.S.C.
3198) is amended--
(1) in subsection (a), by striking ``establish a
program'' and inserting ``establish an excepted service
appointment authority,'';
(2) in subsection (b), by striking ``competitive
service as defined in section 2102 of such title for
which such person is eligible under subchapter I of
chapter 33 of such title, in selection to such
position'' and inserting ``excepted service as defined
in section 2103 of such title'';
(3) in subsection (e), by redesignating paragraph
(2) as paragraph (3) and inserting after paragraph (1)
the following new paragraph (2):
``(2) Conversion to competitive service.--Employees
who satisfactorily complete two years of continuous
service in a permanent appointment made under
subsection (a) and who meet satisfactory performance
and competitive service qualification requirements
shall have their appointment converted to competitive
service career-conditional or career employment as
appropriate. This paragraph applies to individuals
appointed on or after March 30, 2009. An employee who
does not meet competitive service qualification
requirements after two years of continuous service in
an appointment made under subsection (a) shall be
converted upon meeting such qualification requirements.
Temporary and time-limited appointments will be made in
the excepted service. There is no provision for
conversion to competitive service when appointments are
time-limited.''.
(c) Gulf of Mexico Region.--For fiscal years 2012 and 2013,
funds made available in this title for the Bureau of Ocean
Energy Management and the Bureau of Safety and Environmental
Enforcement may be used by the Secretary of the Interior to
establish higher minimum rates of basic pay for employees of
the Department of the Interior in the Gulf of Mexico Region in
the Geophysicist (GS-1313), Geologist (GS-1350), and Petroleum
Engineer (GS-0881) job series at grades 5 through 15 at rates
no greater than 25 percent above the minimum rates of basic pay
normally scheduled, and such higher rates shall be consistent
with the subsections (e) through (h) of section 5305 of title
5, United States Code.
bureau of land management actions regarding grazing on public lands
Sec. 122. (a) Exhaustion of Administrative Review
Required.--
(1) For fiscal years 2012 and 2013 only, a person
may bring a civil action challenging a decision of the
Bureau of Land Management concerning grazing on public
lands (as defined in section 103(e) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702(e)))
in a Federal district court only if the person has
exhausted the administrative hearings and appeals
procedures established by the Department of the
Interior, including having filed a timely appeal and a
request for stay.
(2) An issue may be considered in the judicial
review of a decision referred to in paragraph (1) only
if the issue was raised in the administrative review
process described in such paragraph.
(3) An exception to the requirement of exhausting
the administrative review process before seeking
judicial review shall be available if a Federal court
finds that the agency failed or was unable to make
information timely available during the administrative
review process for issues of material fact. For the
purposes of this paragraph, the term ``timely'' means
within 120 calendar days after the date that the
challenge to the agency action or amendment at issue is
received for administrative review.
(b) Acceptance of Donation of Certain Existing Permits or
Leases.--
(1) During fiscal year 2012 and thereafter, the
Secretary of the Interior shall accept the donation of
any valid existing permits or leases authorizing
grazing on public lands within the California Desert
Conservation Area. With respect to each permit or lease
donated under this paragraph, the Secretary shall
terminate the grazing permit or lease, ensure a
permanent end (except as provided in paragraph (2)), to
grazing on the land covered by the permit or lease, and
make the land available for mitigation by allocating
the forage to wildlife use consistent with any
applicable Habitat Conservation Plan, section
10(a)(1)(B) permit, or section 7 consultation under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(2) If the land covered by a permit or lease
donated under paragraph (1) is also covered by another
valid existing permit or lease that is not donated
under such paragraph, the Secretary of the Interior
shall reduce the authorized grazing level on the land
covered by the permit or lease to reflect the donation
of the permit or lease under paragraph (1). To ensure
that there is a permanent reduction in the level of
grazing on the land covered by a permit or lease
donated under paragraph (1), the Secretary shall not
allow grazing use to exceed the authorized level under
the remaining valid existing permit or lease that is
not donated.
trailing livestock over public land
Sec. 123. During fiscal years 2012 through 2013 only, the
Bureau of Land Management may, at its sole discretion, review
planning and implementation decisions regarding the trailing of
livestock across public lands, including, but not limited to,
issuance of crossing or trailing authorizations or permits,
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.). Temporary trailing or crossing authorizations
across public lands shall not be subject to protest and/or
appeal under subpart E of part 4 of title 43, Code of Federal
Regulations, and subpart 4160 of part 4100 of such title.
lease authorization
Sec. 124. (a) In General.--The Secretary of the Interior
(referred to in this section as the ``Secretary'') may lease to
the Savannah Bar Pilots Association, or a successor
organization, no more than 30,000 square feet of land and
improvements within Fort Pulaski National Monument (referred to
in this section as the ``Monument'') at the location on
Cockspur Island that has been used continuously by the Savannah
Bar Pilots Association since 1940.
(b) Rental Fee and Proceeds.--
(1) Rental fee.--For the lease authorized by this
Act, the Secretary shall require a rental fee based on
fair market value adjusted, as the Secretary deems
appropriate, for amounts to be expended by the lessee
for property preservation, maintenance, or repair and
related expenses.
(2) Proceeds.--Disposition of the proceeds from the
rental fee required pursuant to paragraph (1) shall be
made in accordance with section 3(k)(5) of Public Law
91-383 (16 U.S.C. 1a-2(k)(5)).
(c) Terms and Conditions.--A lease entered into under this
section--
(1) shall be for a term of no more than 10 years
and, at the Secretary's discretion, for successive
terms of no more than 10 years at a time; and
(2) shall include any terms and conditions the
Secretary determines to be necessary to protect the
resources of the Monument and the public interest.
(d) Exemption From Applicable Law.--Except as provided in
section 2(b)(2) of this Act, the lease authorized by this Act
shall not be subject to section 3(k) of Public Law 91-383 (16
U.S.C. 1a-2(k)) or section 321 of Act of June 30, 1932 (40
U.S.C. 1302).
wild lands funding prohibition
Sec. 125. None of the funds made available in this Act or
any other Act may be used to implement, administer, or enforce
Secretarial Order No. 3310 issued by the Secretary of the
Interior on December 22, 2010: Provided, That nothing in this
section shall restrict the Secretary's authorities under
sections 201 and 202 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1711 and 1712).
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended;
necessary expenses for personnel and related costs and travel
expenses; procurement of laboratory equipment and supplies; and
other operating expenses in support of research and
development, $795,000,000, to remain available until September
30, 2013.
Environmental Programs and Management
For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses; hire of passenger motor
vehicles; hire, maintenance, and operation of aircraft;
purchase of reprints; library memberships in societies or
associations which issue publications to members only or at a
price to members lower than to subscribers who are not members;
administrative costs of the brownfields program under the Small
Business Liability Relief and Brownfields Revitalization Act of
2002; and not to exceed $19,000 for official reception and
representation expenses, $2,682,514,000, to remain available
until September 30, 2013: Provided, That of the funds included
under this heading, not less than $410,375,000 shall be for
Geographic Programs specified in the explanatory statement
accompanying this Act.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $42,000,000, to remain available until
September 30, 2013.
Buildings and Facilities
For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$36,428,000, to remain available until expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended, including sections 111(c)(3), (c)(5),
(c)(6), and (e)(4) (42 U.S.C. 9611) $1,215,753,000, to remain
available until expended, consisting of such sums as are
available in the Trust Fund on September 30, 2011, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,215,753,000 as
a payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of SARA,
as amended: Provided, That funds appropriated under this
heading may be allocated to other Federal agencies in
accordance with section 111(a) of CERCLA: Provided further,
That of the funds appropriated under this heading, $9,955,000
shall be paid to the ``Office of Inspector General''
appropriation to remain available until September 30, 2013, and
$23,016,000 shall be paid to the ``Science and Technology''
appropriation to remain available until September 30, 2013.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by subtitle I of the
Solid Waste Disposal Act, as amended, $104,309,000, to remain
available until expended, of which $73,809,000 shall be for
carrying out leaking underground storage tank cleanup
activities authorized by section 9003(h) of the Solid Waste
Disposal Act, as amended; $30,500,000 shall be for carrying out
the other provisions of the Solid Waste Disposal Act specified
in section 9508(c) of the Internal Revenue Code, as amended:
Provided, That the Administrator is authorized to use
appropriations made available under this heading to implement
section 9013 of the Solid Waste Disposal Act to provide
financial assistance to federally recognized Indian tribes for
the development and implementation of programs to manage
underground storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, $18,274,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,618,727,000, to remain
available until expended, of which $1,468,806,000 shall be for
making capitalization grants for the Clean Water State
Revolving Funds under title VI of the Federal Water Pollution
Control Act, as amended (the ``Act''); of which $919,363,000
shall be for making capitalization grants for the Drinking
Water State Revolving Funds under section 1452 of the Safe
Drinking Water Act, as amended: Provided, That for fiscal year
2012, to the extent there are sufficient eligible project
applications, not less than 10 percent of the funds made
available under this title to each State for Clean Water State
Revolving Fund capitalization grants shall be used by the State
for projects to address green infrastructure, water or energy
efficiency improvements, or other environmentally innovative
activities: Provided further, That for fiscal year 2012, funds
made available under this title to each State for Drinking
Water State Revolving Fund capitalization grants may, at the
discretion of each State, be used for projects to address green
infrastructure, water or energy efficiency improvements, or
other environmentally innovative activities; $5,000,000 shall
be for architectural, engineering, planning, design,
construction and related activities in connection with the
construction of high priority water and wastewater facilities
in the area of the United States-Mexico Border, after
consultation with the appropriate border commission;
$10,000,000 shall be for grants to the State of Alaska to
address drinking water and wastewater infrastructure needs of
rural and Alaska Native Villages: Provided further, That, of
these funds: (1) the State of Alaska shall provide a match of
25 percent; (2) no more than 5 percent of the funds may be used
for administrative and overhead expenses; and (3) the State of
Alaska shall make awards consistent with the State-wide
priority list established in conjunction with the Agency and
the U.S. Department of Agriculture for all water, sewer, waste
disposal, and similar projects carried out by the State of
Alaska that are funded under section 221 of the Federal Water
Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm
and Rural Development Act (7 U.S.C. 1921 et seq.) which shall
allocate not less than 25 percent of the funds provided for
projects in regional hub communities; $95,000,000 shall be to
carry out section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as
amended, including grants, interagency agreements, and
associated program support costs; $30,000,000 shall be for
grants under title VII, subtitle G of the Energy Policy Act of
2005, as amended; and $1,090,558,000 shall be for grants,
including associated program support costs, to States,
federally recognized tribes, interstate agencies, tribal
consortia, and air pollution control agencies for multi-media
or single media pollution prevention, control and abatement and
related activities, including activities pursuant to the
provisions set forth under this heading in Public Law 104-134,
and for making grants under section 103 of the Clean Air Act
for particulate matter monitoring and data collection
activities subject to terms and conditions specified by the
Administrator, of which $49,396,000 shall be for carrying out
section 128 of CERCLA, as amended, $9,980,000 shall be for
Environmental Information Exchange Network grants, including
associated program support costs, $18,463,000 of the funds
available for grants under section 106 of the Act shall be for
State participation in national- and State-level statistical
surveys of water resources and enhancements to State monitoring
programs, and, in addition to funds appropriated under the
heading ``Leaking Underground Storage Tank Trust Fund Program''
to carry out the provisions of the Solid Waste Disposal Act
specified in section 9508(c) of the Internal Revenue Code other
than section 9003(h) of the Solid Waste Disposal Act, as
amended, $1,550,000 shall be for grants to States under section
2007(f)(2) of the Solid Waste Disposal Act, as amended:
Provided further, That notwithstanding section 603(d)(7) of the
Federal Water Pollution Control Act, the limitation on the
amounts in a State water pollution control revolving fund that
may be used by a State to administer the fund shall not apply
to amounts included as principal in loans made by such fund in
fiscal year 2012 and prior years where such amounts represent
costs of administering the fund to the extent that such amounts
are or were deemed reasonable by the Administrator, accounted
for separately from other assets in the fund, and used for
eligible purposes of the fund, including administration:
Provided further, That for fiscal year 2012, and
notwithstanding section 518(f) of the Act, the Administrator is
authorized to use the amounts appropriated for any fiscal year
under section 319 of that Act to make grants to federally
recognized Indian tribes pursuant to sections 319(h) and 518(e)
of that Act: Provided further, That for fiscal year 2012,
notwithstanding the limitation on amounts in section 518(c) of
the Federal Water Pollution Control Act and section 1452(i) of
the Safe Drinking Water Act, up to a total of 2 percent of the
funds appropriated for State Revolving Funds under such Acts
may be reserved by the Administrator for grants under section
518(c) and section 1452(i) of such Acts: Provided further,
That for fiscal year 2012, notwithstanding the amounts
specified in section 205(c) of the Federal Water Pollution
Control Act, up to 1.5 percent of the aggregate funds
appropriated for the Clean Water State Revolving Fund program
under the Act less any sums reserved under section 518(c) of
the Act, may be reserved by the Administrator for grants made
under title II of the Clean Water Act for American Samoa, Guam,
the Commonwealth of the Northern Marianas, and United States
Virgin Islands: Provided further, That for fiscal year 2012,
notwithstanding the limitations on amounts specified in section
1452(j) of the Safe Drinking Water Act, up to 1.5 percent of
the funds appropriated for the Drinking Water State Revolving
Fund programs under the Safe Drinking Water Act may be reserved
by the Administrator for grants made under section 1452(j) of
the Safe Drinking Water Act: Provided further, That not less
than 20 percent but not more than 30 percent of the funds made
available under this title to each State for Clean Water State
Revolving Fund capitalization grants and not less than 20
percent but not more than 30 percent of the funds made
available under this title to each State for Drinking Water
State Revolving Fund capitalization grants shall be used by the
State to provide additional subsidy to eligible recipients in
the form of forgiveness of principal, negative interest loans,
or grants (or any combination of these), and shall be so used
by the State only where such funds are provided as initial
financing for an eligible recipient or to buy, refinance, or
restructure the debt obligations of eligible recipients only
where such debt was incurred on or after the date of enactment
of this Act, except that for the Clean Water State Revolving
Fund capitalization grant appropriation this section shall only
apply to the portion that exceeds $1,000,000,000: Provided
further, That no funds provided by this appropriations Act to
address the water, wastewater and other critical infrastructure
needs of the colonias in the United States along the United
States-Mexico border shall be made available to a county or
municipal government unless that government has established an
enforceable local ordinance, or other zoning rule, which
prevents in that jurisdiction the development or construction
of any additional colonia areas, or the development within an
existing colonia the construction of any new home, business, or
other structure which lacks water, wastewater, or other
necessary infrastructure: Provided further, That for fiscal
year 2012 and hereafter, the Administrator may transfer funds
provided for tribal set-asides through funds appropriated for
the Clean Water State Revolving Funds and for the Drinking
Water State Revolving Funds between those accounts in such
manner as the Administrator deems appropriate, but not to
exceed the transfer limits given to States under section 302(a)
of Public Law 104-182.
Administrative Provisions--Environmental Protection Agency
(including transfer and rescission of funds)
For fiscal year 2012, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or authorized
by law in the absence of an acceptable tribal program, may
award cooperative agreements to federally recognized Indian
tribes or Intertribal consortia, if authorized by their member
tribes, to assist the Administrator in implementing Federal
environmental programs for Indian tribes required or authorized
by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended by
Public Law 110-94, the Pesticide Registration Improvement
Renewal Act.
The Administrator is authorized to transfer up to
$300,000,000 of the funds appropriated for the Great Lakes
Restoration Initiative under the heading ``Environmental
Programs and Management'' to the head of any Federal department
or agency, with the concurrence of such head, to carry out
activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs,
projects, or activities; to enter into an interagency agreement
with the head of such Federal department or agency to carry out
these activities; and to make grants to governmental entities,
nonprofit organizations, institutions, and individuals for
planning, research, monitoring, outreach, and implementation in
furtherance of the Great Lakes Restoration Initiative and the
Great Lakes Water Quality Agreement.
From unobligated balances available to the Administrator of
the Environmental Protection Agency, $50,000,000 are
permanently rescinded: Provided, That of these funds,
$5,000,000 shall be rescinded from unobligated balances within
the ``Hazardous Substance Superfund'' account; $5,000,000 shall
be rescinded from unobligated Brownfields balances within the
``State and Tribal Assistance Grants'' account; $5,000,000
shall be rescinded from unobligated Mexico Border balances
within the ``State and Tribal Assistance Grants'' account;
$5,000,000 shall be rescinded from unobligated Diesel Emissions
Reduction Act balances within the ``State and Tribal Assistance
Grants'' account; $20,000,000 shall be rescinded from
unobligated categorical grant balances within the ``State and
Tribal Assistance Grants'' account; and $10,000,000 shall be
rescinded from unobligated Clean Water State Revolving Funds
balances within the ``State and Tribal Assistance Grants''
account: Provided further, That no amounts may be rescinded
from amounts that were designated by the Congress as an
emergency requirement pursuant to the Concurrent Resolution on
the Budget or the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
For fiscal year 2012 and each fiscal year thereafter, the
requirements of section 513 of the Federal Water Pollution
Control Act (33 U.S.C. 1372) shall apply to the construction of
treatment works carried out in whole or in part with assistance
made available by a State water pollution control revolving
fund as authorized by title VI of that Act (33 U.S.C. 1381 et
seq.), or with assistance made available under section 205(m)
of that Act (33 U.S.C. 1285(m)), or both.
For fiscal year 2012 and each fiscal year thereafter, the
requirements of section 1450(e) of the Safe Drinking Water Act
(42 U.S.C. 300j-9(e)) shall apply to any construction project
carried out in whole or in part with assistance made available
by a drinking water treatment revolving loan fund as authorized
by section 1452 of that Act (42 U.S.C. 300j-12).
Notwithstanding section 104 of the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9604), the Administrator may authorize the expenditure
or transfer of up to $10,000,000 from any appropriation in this
title, in addition to the amounts included in the ``Inland Oil
Spill Programs'' account, for removal activities related to
actual oil spills 5 days after notifying the House and Senate
Committees on Appropriations of the intention to expend or
transfer such funds: Provided, That no funds shall be expended
or transferred under this authority until the Administrator
determines that amounts made available for expenditure in the
``Inland Oil Spill Programs'' account will be exhausted within
30 days: Provided further, That such funds shall be
replenished to the appropriation that was the source of the
expenditure or transfer, following EPA's receipt of
reimbursement from the Oil Spill Liability Trust Fund pursuant
to the Oil Pollution Act of 1990.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $295,773,000, to remain available until
expended: Provided, That of the funds provided, $64,372,000 is
for the forest inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
including treatments of pests, pathogens, and invasive or
noxious plants and for restoring and rehabilitating forests
damaged by pests or invasive plants, cooperative forestry, and
education and land conservation activities and conducting an
international program as authorized, $253,331,000, to remain
available until expended, as authorized by law; of which
$53,388,000 is to be derived from the Land and Water
Conservation Fund.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, $1,556,628,000, to
remain available until expended: Provided, That of the funds
provided, $336,049,000 shall be for forest products: Provided
further, That of the funds provided, $40,000,000 shall be
deposited in the Collaborative Forest Landscape Restoration
Fund for ecological restoration treatments as authorized by 16
U.S.C. 7303(f): Provided further, That of the funds provided,
up to $68,000,000 is for the Integrated Resource Restoration
pilot program for Region 1, Region 3 and Region 4: Provided
further, That of the funds provided for forest products, up to
$44,585,000 may be transferred to support the Integrated
Resource Restoration pilot program in the preceding proviso.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $394,721,000, to remain available until expended,
for construction, capital improvement, maintenance and
acquisition of buildings and other facilities and
infrastructure; and for construction, reconstruction,
decommissioning (including decommissioning unauthorized roads
not part of the transportation system), and maintenance of
forest roads and trails by the Forest Service as authorized by
16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That
$45,000,000 shall be designated for urgently needed road
decommissioning, road and trail repair and maintenance and
associated activities, and removal of fish passage barriers,
especially in areas where Forest Service roads may be
contributing to water quality problems in streams and water
bodies which support threatened, endangered, or sensitive
species or community water sources: Provided further, That
funds becoming available in fiscal year 2012 under the Act of
March 4, 1913 (16 U.S.C. 501) shall be transferred to the
General Fund of the Treasury and shall not be available for
transfer or obligation for any other purpose unless the funds
are appropriated: Provided further, That of the funds provided
for decommissioning of roads, up to $13,000,000 may be
transferred to the ``National Forest System'' to support the
Integrated Resource Restoration pilot program.
land acquisition
For expenses necessary to carry out the provisions of the
Land and Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l-4 through 11), including administrative expenses,
and for acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the Forest
Service, $52,605,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California, as authorized by law, $955,000, to be derived from
forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities,
and for authorized expenditures from funds deposited by non-
Federal parties pursuant to Land Sale and Exchange Acts,
pursuant to the Act of December 4, 1967, as amended (16 U.S.C.
484a), to remain available until expended (16 U.S.C. 460l-516-
617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and
Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant to
section 401(b)(1) of Public Law 94-579, as amended, to remain
available until expended, of which not to exceed 6 percent
shall be available for administrative expenses associated with
on-the-ground range rehabilitation, protection, and
improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to
remain available until expended, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act (Public
Law 96-487), $2,577,000, to remain available until expended.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency fire
suppression on or adjacent to such lands or other lands under
fire protection agreement, hazardous fuels reduction on or
adjacent to such lands, and for emergency rehabilitation of
burned-over National Forest System lands and water,
$1,737,631,000, to remain available until expended: Provided,
That such funds including unobligated balances under this
heading, are available for repayment of advances from other
appropriations accounts previously transferred for such
purposes: Provided further, That such funds shall be available
to reimburse State and other cooperating entities for services
provided in response to wildfire and other emergencies or
disasters to the extent such reimbursements by the Forest
Service for non-fire emergencies are fully repaid by the
responsible emergency management agency: Provided further,
That, notwithstanding any other provision of law, $7,262,000 of
funds appropriated under this appropriation shall be available
for the Forest Service in support of fire science research
authorized by the Joint Fire Science Program, including all
Forest Service authorities for the use of funds, such as
contracts, grants, research joint venture agreements, and
cooperative agreements: Provided further, That all authorities
for the use of funds, including the use of contracts, grants,
and cooperative agreements, available to execute the Forest and
Rangeland Research appropriation, are also available in the
utilization of these funds for Fire Science Research: Provided
further, That funds provided shall be available for emergency
rehabilitation and restoration, hazardous fuels reduction
activities in the urban-wildland interface, support to Federal
emergency response, and wildfire suppression activities of the
Forest Service: Provided further, That of the funds provided,
$317,584,000 is for hazardous fuels reduction activities,
$21,734,000 is for research activities and to make competitive
research grants pursuant to the Forest and Rangeland Renewable
Resources Research Act, as amended (16 U.S.C. 1641 et seq.),
$55,564,000 is for State fire assistance, $6,366,000 is for
volunteer fire assistance, $15,983,000 is for forest health
activities on Federal lands and $8,366,000 is for forest health
activities on State and private lands: Provided further, That
amounts in this paragraph may be transferred to the ``State and
Private Forestry'', ``National Forest System'', and ``Forest
and Rangeland Research'' accounts to fund State fire
assistance, volunteer fire assistance, forest health
management, forest and rangeland research, the Joint Fire
Science Program, vegetation and watershed management, heritage
site rehabilitation, and wildlife and fish habitat management
and restoration: Provided further, That the costs of
implementing any cooperative agreement between the Federal
Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That up to $15,000,000 of the funds provided herein may be used
by the Secretary of Agriculture to enter into procurement
contracts or cooperative agreements or to issue grants for
hazardous fuels reduction and for training or monitoring
associated with such hazardous fuels reduction activities on
Federal land or on non-Federal land if the Secretary determines
such activities implement a community wildfire protection plan
(or equivalent) and benefit resources on Federal land:
Provided further, That funds made available to implement the
Community Forest Restoration Act, Public Law 106-393, title VI,
shall be available for use on non-Federal lands in accordance
with authorities made available to the Forest Service under the
``State and Private Forestry'' appropriation: Provided
further, That the Secretary of the Interior and the Secretary
of Agriculture may authorize the transfer of funds appropriated
for wildland fire management, in an aggregate amount not to
exceed $50,000,000, between the Departments when such transfers
would facilitate and expedite wildland fire management programs
and projects: Provided further, That of the funds provided for
hazardous fuels reduction, not to exceed $5,000,000 may be used
to make grants, using any authorities available to the Forest
Service under the ``State and Private Forestry'' appropriation,
for the purpose of creating incentives for increased use of
biomass from National Forest System lands: Provided further,
That no amounts may be cancelled from amounts that were
designated by the Congress as an emergency requirement pursuant
to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That before obligating any of the funds
provided herein for wildland fire suppression, the Secretary of
Agriculture shall obligate all unobligated balances previously
made available under this heading (including the unobligated
balances transferred to Forest Service accounts under this
heading by division B of the Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009 (Public Law
110-329, 122 Stat. 3594)) that, when appropriated, were
designated by Congress as an emergency requirement pursuant to
the Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985 and notify the
Committees on Appropriations of the House of Representatives
and the Senate in writing of the imminent need to begin
obligating funds provided herein for wildland fire suppression:
Provided further, That funds designated for wildfire
suppression, including funds transferred from the ``FLAME
Wildfire Suppression Reserve Fund'', shall be assessed for cost
pools on the same basis as such assessments are calculated
against other agency programs: Provided further, That of the
funds for hazardous fuels reduction, up to $21,000,000 may be
transferred to the ``National Forest System'' to support the
Integrated Resource Restoration pilot program.
Flame Wildfire Suppression Reserve Fund
(including transfers of funds)
For necessary expenses for large fire suppression
operations of the Department of Agriculture and as a reserve
fund for suppression and Federal emergency response activities,
$315,886,000, to remain available until expended: Provided,
That such amounts are available only for transfer to the
``Wildland Fire Management'' account and only following a
declaration by the Secretary that either (1) a wildland fire
suppression event meets certain previously established risk-
based written criteria for significant complexity, severity, or
threat posed by the fire or (2) funds in the ``Wildland Fire
Management'' account will be exhausted within 30 days.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess
sources, and hire of such vehicles; purchase, lease, operation,
maintenance, and acquisition of aircraft from excess sources to
maintain the operable fleet for use in Forest Service wildland
fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement
aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to
exceed $100,000 for employment under 5 U.S.C. 3109; (3)
purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5)
for expenses pursuant to the Volunteers in the National Forest
Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for
debt collection contracts in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency rehabilitation
of burned-over or damaged lands or waters under its
jurisdiction, and fire preparedness due to severe burning
conditions upon the Secretary's notification of the House and
Senate Committees on Appropriations that all fire suppression
funds appropriated under the headings ``Wildland Fire
Management'' and ``FLAME Wildfire Suppression Reserve Fund''
will be obligated within 30 days: Provided, That all funds
used pursuant to this paragraph must be replenished by a
supplemental appropriation which must be requested as promptly
as possible.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development in connection with forest and rangeland research,
technical information, and assistance in foreign countries, and
shall be available to support forestry and related natural
resource activities outside the United States and its
territories and possessions, including technical assistance,
education and training, and cooperation with U.S., private, and
international organizations. The Forest Service, acting for the
International Program, may sign direct funding agreements with
foreign governments and institutions as well as other domestic
agencies (including the U.S. Agency for International
Development, the Department of State, and the Millennium
Challenge Corporation), U.S. private sector firms, institutions
and organizations to provide technical assistance and training
programs overseas on forestry and rangeland management.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year shall
be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C.
2257), section 442 of Public Law 106-224 (7 U.S.C. 7772), or
section 10417(b) of Public Law 107-107 (7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in the joint explanatory
statement of the managers accompanying this Act.
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of the
Department of Agriculture and not more than $14,500,000 of
funds available to the Forest Service shall be transferred to
the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges. Nothing in
this paragraph shall prohibit or limit the use of reimbursable
agreements requested by the Forest Service in order to obtain
services from the Department of Agriculture's National
Information Technology Center. Nothing in this paragraph shall
limit the Forest Service portion of implementation costs to be
paid to the Department of Agriculture for the Financial
Management Modernization Initiative.
Of the funds available to the Forest Service up to
$5,000,000 shall be available for priority projects within the
scope of the approved budget, which shall be carried out by the
Youth Conservation Corps and shall be carried out under the
authority of the Public Lands Corps Act of 1993, Public Law
103-82, as amended by Public Lands Corps Healthy Forests
Restoration Act of 2005, Public Law 109-154.
Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, up to
$3,000,000 may be advanced in a lump sum to the National Forest
Foundation to aid conservation partnership projects in support
of the Forest Service mission, without regard to when the
Foundation incurs expenses, for projects on or benefitting
National Forest System lands or related to Forest Service
programs: Provided, That of the Federal funds made available
to the Foundation, no more than $300,000 shall be available for
administrative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial
assistance, private contributions to match on at least one-for-
one basis funds made available by the Forest Service: Provided
further, That the Foundation may transfer Federal funds to a
Federal or a non-Federal recipient for a project at the same
rate that the recipient has obtained the non-Federal matching
funds: Provided further, That authorized investments of
Federal funds held by the Foundation may be made only in
interest-bearing obligations of the United States or in
obligations guaranteed as to both principal and interest by the
United States.
Pursuant to section 2(b)(2) of Public Law 98-244,
$3,000,000 of the funds available to the Forest Service may be
advanced to the National Fish and Wildlife Foundation in a lump
sum to aid cost-share conservation projects, without regard to
when expenses are incurred, on or benefitting National Forest
System lands or related to Forest Service programs: Provided,
That such funds shall be matched on at least a one-for-one
basis by the Foundation or its sub-recipients: Provided
further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate
that the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities and natural resource-based businesses for
sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to section 14(c)(1) and (2), and
section 16(a)(2) of Public Law 99-663.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of the
Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed
$55,000,000, shall be assessed for the purpose of performing
fire, administrative and other facilities maintenance and
decommissioning. Such assessments shall occur using a square
foot rate charged on the same basis the agency uses to assess
programs for payment of rent, utilities, and other support
services.
Notwithstanding any other provision of law, any
appropriations or funds available to the Forest Service not to
exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance or
participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar nonlitigation-related matters. Future
budget justifications for both the Forest Service and the
Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
An eligible individual who is employed in any project
funded under title V of the Older American Act of 1965 (42
U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the
Indian Health Care Improvement Act, and titles II and III of
the Public Health Service Act with respect to the Indian Health
Service, $3,872,377,000, together with payments received during
the fiscal year pursuant to 42 U.S.C. 238(b) and 238b for
services furnished by the Indian Health Service: Provided,
That funds made available to tribes and tribal organizations
through contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided
further, That $844,927,000 for contract medical care, including
$51,500,000 for the Indian Catastrophic Health Emergency Fund,
shall remain available until expended: Provided further, That
of the funding provided for information technology activities
and, notwithstanding any other provision of law, $4,000,000
shall be allocated at the discretion of the Director of the
Indian Health Service: Provided further, That of the funds
provided, up to $36,000,000 shall remain available until
expended for implementation of the loan repayment program under
section 108 of the Indian Health Care Improvement Act:
Provided further, That the amounts collected by the Federal
Government as authorized by sections 104 and 108 of the Indian
Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during
the preceding fiscal year for breach of contracts shall be
deposited to the Fund authorized by section 108A of the Act (25
U.S.C. 1616a-1) and shall remain available until expended and,
notwithstanding section 108A(c) of the Act (25 U.S.C. 1616a-
1(c)), funds shall be available to make new awards under the
loan repayment and scholarship programs under sections 104 and
108 of the Act (25 U.S.C. 1613a and 1616a): Provided further,
That notwithstanding any other provision of law, the amounts
made available within this account for the methamphetamine and
suicide prevention and treatment initiative and for the
domestic violence prevention initiative shall be allocated at
the discretion of the Director of the Indian Health Service and
shall remain available until expended: Provided further, That
funds provided in this Act may be used for annual contracts and
grants that fall within 2 fiscal years, provided the total
obligation is recorded in the year the funds are appropriated:
Provided further, That the amounts collected by the Secretary
of Health and Human Services under the authority of title IV of
the Indian Health Care Improvement Act shall remain available
until expended for the purpose of achieving compliance with the
applicable conditions and requirements of titles XVIII and XIX
of the Social Security Act, except for those related to the
planning, design, or construction of new facilities: Provided
further, That funding contained herein for scholarship programs
under the Indian Health Care Improvement Act (25 U.S.C. 1613)
shall remain available until expended: Provided further, That
amounts received by tribes and tribal organizations under title
IV of the Indian Health Care Improvement Act shall be reported
and accounted for and available to the receiving tribes and
tribal organizations until expended: Provided further, That,
notwithstanding any other provision of law, of the amounts
provided herein, not to exceed $472,193,000 shall be for
payments to tribes and tribal organizations for contract or
grant support costs associated with contracts, grants, self-
governance compacts, or annual funding agreements between the
Indian Health Service and a tribe or tribal organization
pursuant to the Indian Self-Determination Act of 1975, as
amended, prior to or during fiscal year 2012, of which not to
exceed $10,000,000 may be used for contract support costs
associated with new or expanded self-determination contracts,
grants, self-governance compacts, or annual funding agreements:
Provided further, That the Bureau of Indian Affairs may
collect from the Indian Health Service, tribes and tribal
organizations operating health facilities pursuant to Public
Law 93-638, such individually identifiable health information
relating to disabled children as may be necessary for the
purpose of carrying out its functions under the Individuals
with Disabilities Education Act (20 U.S.C. 1400, et seq.):
Provided further, That the Indian Health Care Improvement Fund
may be used, as needed, to carry out activities typically
funded under the Indian Health Facilities account.
indian health facilities
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities, including
quarters for personnel; preparation of plans, specifications,
and drawings; acquisition of sites, purchase and erection of
modular buildings, and purchases of trailers; and for provision
of domestic and community sanitation facilities for Indians, as
authorized by section 7 of the Act of August 5, 1954 (42 U.S.C.
2004a), the Indian Self-Determination Act, and the Indian
Health Care Improvement Act, and for expenses necessary to
carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $441,052,000,
to remain available until expended: Provided, That
notwithstanding any other provision of law, funds appropriated
for the planning, design, construction, renovation or expansion
of health facilities for the benefit of an Indian tribe or
tribes may be used to purchase land on which such facilities
will be located: Provided further, That not to exceed $500,000
shall be used by the Indian Health Service to purchase TRANSAM
equipment from the Department of Defense for distribution to
the Indian Health Service and tribal facilities: Provided
further, That none of the funds appropriated to the Indian
Health Service may be used for sanitation facilities
construction for new homes funded with grants by the housing
programs of the United States Department of Housing and Urban
Development: Provided further, That not to exceed $2,700,000
from this account and the ``Indian Health Services'' account
shall be used by the Indian Health Service to obtain ambulances
for the Indian Health Service and tribal facilities in
conjunction with an existing interagency agreement between the
Indian Health Service and the General Services Administration:
Provided further, That not to exceed $500,000 shall be placed
in a Demolition Fund, to remain available until expended, and
be used by the Indian Health Service for the demolition of
Federal buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health
Service shall be available for services as authorized by 5
U.S.C. 3109 at rates not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions under 5
U.S.C. 5376; hire of passenger motor vehicles and aircraft;
purchase of medical equipment; purchase of reprints; purchase,
renovation and erection of modular buildings and renovation of
existing facilities; payments for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary; uniforms or allowances therefor as
authorized by 5 U.S.C. 5901-5902; and for expenses of
attendance at meetings that relate to the functions or
activities of the Indian Health Service: Provided, That in
accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service
facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act (42
U.S.C. 2651-2653) shall be credited to the account of the
facility providing the service and shall be available without
fiscal year limitation: Provided further, That notwithstanding
any other law or regulation, funds transferred from the
Department of Housing and Urban Development to the Indian
Health Service shall be administered under Public Law 86-121,
the Indian Sanitation Facilities Act and Public Law 93-638, as
amended: Provided further, That funds appropriated to the
Indian Health Service in this Act, except those used for
administrative and program direction purposes, shall not be
subject to limitations directed at curtailing Federal travel
and transportation: Provided further, That none of the funds
made available to the Indian Health Service in this Act shall
be used for any assessments or charges by the Department of
Health and Human Services unless identified in the budget
justification and provided in this Act, or approved by the
House and Senate Committees on Appropriations through the
reprogramming process: Provided further, That notwithstanding
any other provision of law, funds previously or herein made
available to a tribe or tribal organization through a contract,
grant, or agreement authorized by title I or title V of the
Indian Self-Determination and Education Assistance Act of 1975
(25 U.S.C. 450), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance
agreement under title V of such Act and thereafter shall remain
available to the tribe or tribal organization without fiscal
year limitation: Provided further, That none of the funds made
available to the Indian Health Service in this Act shall be
used to implement the final rule published in the Federal
Register on September 16, 1987, by the Department of Health and
Human Services, relating to the eligibility for the health care
services of the Indian Health Service until the Indian Health
Service has submitted a budget request reflecting the increased
costs associated with the proposed final rule, and such request
has been included in an appropriations Act and enacted into
law: Provided further, That with respect to functions
transferred by the Indian Health Service to tribes or tribal
organizations, the Indian Health Service is authorized to
provide goods and services to those entities on a reimbursable
basis, including payments in advance with subsequent
adjustment, and the reimbursements received therefrom, along
with the funds received from those entities pursuant to the
Indian Self-Determination Act, may be credited to the same or
subsequent appropriation account from which the funds were
originally derived, with such amounts to remain available until
expended: Provided further, That reimbursements for training,
technical assistance, or services provided by the Indian Health
Service will contain total costs, including direct,
administrative, and overhead associated with the provision of
goods, services, or technical assistance: Provided further,
That the appropriation structure for the Indian Health Service
may not be altered without advance notification to the House
and Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended,
and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $79,054,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i) and 111(c)(4) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended; section 118(f) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA), as amended;
and section 3019 of the Solid Waste Disposal Act, as amended,
$76,337,000, of which up to $1,000 per eligible employee of the
Agency for Toxic Substances and Disease Registry shall remain
available until expended for Individual Learning Accounts:
Provided, That notwithstanding any other provision of law, in
lieu of performing a health assessment under section 104(i)(6)
of CERCLA, the Administrator of ATSDR may conduct other
appropriate health studies, evaluations, or activities,
including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited
healthcare providers: Provided further, That in performing any
such health assessment or health study, evaluation, or
activity, the Administrator of ATSDR shall not be bound by the
deadlines in section 104(i)(6)(A) of CERCLA: Provided further,
That none of the funds appropriated under this heading shall be
available for ATSDR to issue in excess of 40 toxicological
profiles pursuant to section 104(I) of CERCLA during fiscal
year 2012, and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation expenses,
$3,153,000: Provided, That notwithstanding section 202 of the
National Environmental Policy Act of 1970, the Council shall
consist of one member, appointed by the President, by and with
the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, as amended,
including hire of passenger vehicles, uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902, and for services
authorized by 5 U.S.C. 3109 but at rates for individuals not to
exceed the per diem equivalent to the maximum rate payable for
senior level positions under 5 U.S.C. 5376, $11,147,000:
Provided, That the Chemical Safety and Hazard Investigation
Board (Board) shall have not more than three career Senior
Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual
appointed to the position of Inspector General of the
Environmental Protection Agency (EPA) shall, by virtue of such
appointment, also hold the position of Inspector General of the
Board: Provided further, That notwithstanding any other
provision of law, the Inspector General of the Board shall
utilize personnel of the Office of Inspector General of EPA in
performing the duties of the Inspector General of the Board,
and shall not appoint any individuals to positions within the
Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$7,750,000, to remain available until expended: Provided, That
funds provided in this or any other appropriations Act are to
be used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitioned lands residents,
those in significantly substandard housing, and all others
certified as eligible and not included in the preceding
categories: Provided further, That none of the funds contained
in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo
family who, as of November 30, 1985, was physically domiciled
on the lands partitioned to the Hopi Tribe unless a new or
replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office
shall relocate any certified eligible relocatees who have
selected and received an approved homesite on the Navajo
reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-
10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title XV
of Public Law 99-498, as amended (20 U.S.C. 56 part A),
$8,533,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance programs;
maintenance, alteration, operation, lease agreements of no more
than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized
by 5 U.S.C. 3109; and purchase, rental, repair, and cleaning of
uniforms for employees, $636,530,000, to remain available until
September 30, 2013, except as otherwise provided herein; of
which not to exceed $20,137,000 for the instrumentation
program, collections acquisition, exhibition reinstallation,
the National Museum of African American History and Culture,
and the repatriation of skeletal remains program shall remain
available until expended; and including such funds as may be
necessary to support American overseas research centers:
Provided, That funds appropriated herein are available for
advance payments to independent contractors performing research
services or participating in official Smithsonian
presentations.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by section
2 of the Act of August 22, 1949 (63 Stat. 623), and for
construction, including necessary personnel, $175,000,000, to
remain available until expended, of which not to exceed $10,000
is for services as authorized by 5 U.S.C. 3109, and of which
$75,000,000 shall be to complete design and begin construction
of the National Museum of African American History and Culture:
Provided, That during fiscal year 2012 and any succeeding
fiscal year, a single procurement for construction of the
National Museum of African American History and Culture, as
authorized under section 8 of the National Museum of African
American History and Culture Act (20 U.S.C. 80r-6), may be
issued that includes the full scope of the project: Provided
further, That the solicitation and contract shall contain the
clause ``availability of funds'' found at 48 CFR 52.232.18.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by the
Act of March 24, 1937 (50 Stat. 51), as amended by the public
resolution of April 13, 1939 (Public Resolution 9, Seventy-
sixth Congress), including services as authorized by 5 U.S.C.
3109; payment in advance when authorized by the treasurer of
the Gallery for membership in library, museum, and art
associations or societies whose publications or services are
available to members only, or to members at a price lower than
to the general public; purchase, repair, and cleaning of
uniforms for guards, and uniforms, or allowances therefor, for
other employees as authorized by law (5 U.S.C. 5901-5902);
purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds;
and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such
rates or prices and under such terms and conditions as the
Gallery may deem proper, $114,066,000, of which not to exceed
$3,481,000 for the special exhibition program shall remain
available until expended.
repair, restoration, and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, for operating lease agreements of no more than 10
years, with no extensions or renewals beyond the 10 years, that
address space needs created by the ongoing renovations in the
Master Facilities Plan, as authorized, $14,516,000, to remain
available until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair
or renovation of buildings of the National Gallery of Art may
be negotiated with selected contractors and awarded on the
basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$23,200,000.
capital repair and restoration
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $13,650,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as authorized
by 5 U.S.C. 3109, $11,005,000, to remain available until
September 30, 2013.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $146,255,000 shall
be available to the National Endowment for the Arts for the
support of projects and productions in the arts, including arts
education and public outreach activities, through assistance to
organizations and individuals pursuant to section 5 of the Act,
for program support, and for administering the functions of the
Act, to remain available until expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $146,255,000, to
remain available until expended, of which $135,500,000 shall be
available for support of activities in the humanities, pursuant
to section 7(c) of the Act and for administering the functions
of the Act; and $10,755,000 shall be available to carry out the
matching grants program pursuant to section 10(a)(2) of the Act
including $8,370,000 for the purposes of section 7(h):
Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may
be equal to the total amounts of gifts, bequests, and devises
of money, and other property accepted by the chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding
fiscal years for which equal amounts have not previously been
appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18
U.S.C. 1913: Provided, That none of the funds appropriated to
the National Foundation on the Arts and the Humanities may be
used for official reception and representation expenses:
Provided further, That funds from nonappropriated sources may
be used as necessary for official reception and representation
expenses: Provided further, That the Chairperson of the
National Endowment for the Arts may approve grants of up to
$10,000, if in the aggregate this amount does not exceed 5
percent of the sums appropriated for grantmaking purposes per
year: Provided further, That such small grant actions are
taken pursuant to the terms of an expressed and direct
delegation of authority from the National Council on the Arts
to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under Chapter
91 of title 40, United States Code, $2,400,000: Provided, That
the Commission is authorized to charge fees to cover the full
costs of its publications, and such fees shall be credited to
this account as an offsetting collection, to remain available
until expended without further appropriation: Provided
further, That the Commission is authorized to accept gifts,
including objects, papers, artwork, drawings and artifacts,
that pertain to the history and design of the Nation's Capital
or the history and activities of the Commission of Fine Arts,
for the purpose of artistic display, study or education.
National Capital Arts and Cultural Affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956a), as amended, $2,000,000.
administrative provision
The item relating to ``National Capital Arts and Cultural
Affairs'' in the Department of the Interior and Related
Agencies Appropriations Act, 1986, as enacted into law by
section 101(d) of Public Law 99-190 (99 Stat. 1261; 20 U.S.C.
956a) is amended--
(1) by deleting the last sentence in the second
paragraph and replacing it with the following: ``Each
eligible organization must have its principal place of
business in the District of Columbia and in a facility
or facilities located in the District of Columbia.'';
and
(2) In the third paragraph, by deleting ``in
addition to those herein named'' at the end of the
sentence.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $6,108,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109, $8,154,000:
Provided, That one-quarter of 1 percent of the funds provided
under this heading may be used for official reception and
representational expenses associated with hosting international
visitors engaged in the planning and physical development of
world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$50,798,000, of which $515,000 shall remain available until
September 30, 2014, for the Museum's equipment replacement
program; and of which $1,900,000 for the Museum's repair and
rehabilitation program and $1,264,000 for the Museum's outreach
initiatives program shall remain available until expended.
Presidio Trust
presidio trust fund
For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996, $12,000,000
shall be available to the Presidio Trust, to remain available
until expended.
Dwight D. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses, including the costs of construction
design, of the Dwight D. Eisenhower Memorial Commission,
$2,000,000, to remain available until expended.
capital construction
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission for design and construction of a memorial in honor
of Dwight D. Eisenhower, as authorized by Public Law 106-79,
$30,990,000, to remain available until expended: Provided,
That beginning in fiscal year 2012 and thereafter, any
procurement for the construction of the permanent memorial to
Dwight D. Eisenhower, as authorized by section 8162 of the
Department of Defense Appropriations Act, 2000 (16 U.S.C. 431
note; Public Law 106-79), as amended by section 8120 of the
Department of Defense Appropriations Act, 2002 (Public Law 107-
117), may be issued which includes the full scope of the
project: Provided further, That the solicitation and contract
with respect to the procurement shall contain the
``availability of funds'' clause described in section 52.232.18
of title 48, Code of Federal Regulations: Provided further,
That the funds appropriated herein shall be deemed to satisfy
the criteria for issuing a permit contained in 40 U.S.C.
8906(a)(4) and (b).
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
limitation on consulting services
Sec. 401. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
restriction on use of funds
Sec. 402. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.
obligation of appropriations
Sec. 403. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
prohibition on use of funds for personal services
Sec. 404. None of the funds provided in this Act to any
department or agency shall be obligated or expended to provide
a personal cook, chauffeur, or other personal servants to any
officer or employee of such department or agency except as
otherwise provided by law.
disclosure of administrative expenses
Sec. 405. Estimated overhead charges, deductions, reserves
or holdbacks from programs, projects, activities and
subactivities to support government-wide, departmental, agency,
or bureau administrative functions or headquarters, regional,
or central operations shall be presented in annual budget
justifications and subject to approval by the Committees on
Appropriations of the House of Representatives and the Senate.
Changes to such estimates shall be presented to the Committees
on Appropriations for approval.
giant sequoia
Sec. 406. None of the funds in this Act may be used to
plan, prepare, or offer for sale timber from trees classified
as giant sequoia (Sequoiadendron giganteum) which are located
on National Forest System or Bureau of Land Management lands in
a manner different than such sales were conducted in fiscal
year 2011.
mining applications
Sec. 407. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim
concerned (1) a patent application was filed with the Secretary
on or before September 30, 1994; and (2) all requirements
established under sections 2325 and 2326 of the Revised
Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30
U.S.C. 35, 36, and 37) for placer claims, and section 2337 of
the Revised Statutes (30 U.S.C. 42) for mill site claims, as
the case may be, were fully complied with by the applicant by
that date.
(c) Report.--On September 30, 2013, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Natural Resources of the
House and the Committee on Energy and Natural Resources of the
Senate a report on actions taken by the Department under the
plan submitted pursuant to section 314(c) of the Department of
the Interior and Related Agencies Appropriations Act, 1997
(Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Director of the Bureau of Land
Management to conduct a mineral examination of the mining
claims or mill sites contained in a patent application as set
forth in subsection (b). The Bureau of Land Management shall
have the sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures employed
by the Bureau of Land Management in the retention of third-
party contractors.
contract support costs
Sec. 408. Notwithstanding any other provision of law,
amounts appropriated to or otherwise designated in committee
reports for the Bureau of Indian Affairs and the Indian Health
Service by Public Laws 103-138, 103-332, 104-134, 104-208, 105-
83, 105-277, 106-113, 106-291, 107-63, 108-7, 108-108, 108-447,
109-54, 109-289, division B and Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Laws 110-5 and 110-28), Public Laws 110-92, 110-116,
110-137, 110-149, 110-161, 110-329, 111-6, 111-8, 111-88, and
112-10 for payments for contract support costs associated with
self-determination or self-governance contracts, grants,
compacts, or annual funding agreements with the Bureau of
Indian Affairs or the Indian Health Service as funded by such
Acts, are the total amounts available for fiscal years 1994
through 2011 for such purposes, except that the Bureau of
Indian Affairs, tribes and tribal organizations may use their
tribal priority allocations for unmet contract support costs of
ongoing contracts, grants, self-governance compacts, or annual
funding agreements.
forest management plans
Sec. 409. The Secretary of Agriculture shall not be
considered to be in violation of subparagraph 6(f)(5)(A) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years
have passed without revision of the plan for a unit of the
National Forest System. Nothing in this section exempts the
Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is not
acting expeditiously and in good faith, within the funding
available, to revise a plan for a unit of the National Forest
System, this section shall be void with respect to such plan
and a court of proper jurisdiction may order completion of the
plan on an accelerated basis.
prohibition within national monuments
Sec. 410. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under either
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the
boundaries of a National Monument established pursuant to the
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary
existed on January 20, 2001, except where such activities are
allowed under the Presidential proclamation establishing such
monument.
AMENDMENTS TO THE TEMPORARY EMERGENCY WILDFIRE SUPPRESSION ACT
Sec. 411. The Temporary Emergency Wildfire Suppression Act
(42 U.S.C. 1856m et seq.) is amended--
(1) in the first section (42 U.S.C. 1856m note)--
(A) by striking ``That this'' and inserting
the following:
``SECTION 1. SHORT TITLE.
``This''; and
(B) by striking ``Temporary'';
(2) by striking section 2 (42 U.S.C. 1856m) and
inserting the following:
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Assume any and all liability.--The term
`assume any and all liability' means--
``(A) the payment of--
``(i) any judgment, settlement,
fine, penalty, or cost assessment
(including prevailing party legal fees)
associated with the applicable
litigation; and
``(ii) any cost incurred in
handling the applicable litigation
(including legal fees); and
``(B) with respect to a Federal
firefighter, arranging for, and paying the
costs of, representation in the applicable
litigation.
``(2) Federal firefighter.--The term `Federal
firefighter' means an individual furnished by the
Secretary of Agriculture or the Secretary of the
Interior under an agreement entered into under section
3.
``(3) Foreign fire organization.--The term `foreign
fire organization' means any foreign governmental,
public, or private entity that has wildfire protection
resources.
``(4) Foreign firefighter.--The term `foreign
firefighter' means an individual furnished by a foreign
fire organization under an agreement entered into under
section 3.
``(5) Wildfire.--The term `wildfire' means any
forest or range fire.
``(6) Wildfire protection resources.--The term
`wildfire protection resources' means any personnel,
supplies, equipment, or other resources required for
wildfire presuppression and suppression activities.'';
(3) in section 3 (42 U.S.C. 1856n)--
(A) in subsection (a)--
(i) by striking ``(a)(1) The
Secretary of Agriculture'' and
inserting the following:
``(a) Exchange of Wildfire Protection Resources Under a
Reciprocal Agreement With a Foreign Fire Organization.--
``(1) Authority to enter into a reciprocal
agreement.--The Secretary of Agriculture''; and
(ii) in paragraph (2), by striking
``(2) Any agreement'' and inserting the
following:
``(2) Requirements for a reciprocal agreement.--Any
agreement'';
(B) in subsection (b)--
(i) by striking ``(b) In the
absence'' and inserting the following:
``(b) Exchange of Wildfire Protection Resources Without a
Reciprocal Agreement.--In the absence''; and
(ii) in paragraph (1), by striking
``United States, and'' and inserting
``United States; and'';
(C) in subsection (c), by striking ``(c)
Notwithstanding'' and inserting the following:
``(c) Reimbursement Under Agreements With Canada.--
Notwithstanding''; and
(D) in subsection (d)--
(i) by striking, ``(d) Any
service'' and inserting the following:
``(d) Service Performed Under This Act by Federal
Employees.--
``(1) In general.--Any service''; and
(ii) in the second sentence, by
striking ``The'' and inserting the
following:
``(2) Effect.--Except as provided in section 4,
the'';
(4) by redesignating section 4 (42 U.S.C. 1856o) as
section 5;
(5) by inserting after section 3 the following:
``SEC. 4. RECIPROCAL AGREEMENTS WITH LIABILITY COVERAGE.
``(a) Protection From Liability for Foreign Firefighters
and Foreign Fire Organizations.--Subject to subsection (b), in
an agreement with a foreign fire organization entered into
under section 3, the Secretary of Agriculture and the Secretary
of the Interior may provide that--
``(1) a foreign firefighter shall be considered to
be an employee of the United States for purposes of
tort liability while the foreign firefighter is acting
within the scope of an official duty under the
agreement; and
``(2) any claim against the foreign fire
organization or any legal organization associated with
the foreign firefighter that arises out of an act or
omission of the foreign firefighter in the performance
of an official duty under the agreement, or that arises
out of any other act, omission, or occurrence for which
the foreign fire organization or legal organization
associated with the foreign firefighter is legally
responsible under applicable law, may be prosecuted
only--
``(A) against the United States; and
``(B) as if the act or omission were the
act or omission of an employee of the United
States.
``(b) Protection From Liability for Federal Firefighters
and the Federal Government.--The Secretary of Agriculture and
the Secretary of the Interior may provide the protections under
subsection (a) if the foreign fire organization agrees--
``(1) to assume any and all liability for any legal
action brought against the Federal firefighter for an
act or omission of the Federal firefighter while acting
within the scope of an official duty under the
agreement; and
``(2) to the extent the United States or any legal
organization associated with the Federal firefighter is
not entitled to immunity from the jurisdiction of the
courts having jurisdiction over the foreign fire
organization receiving the services of the Federal
firefighters, to assume any and all liability for any
legal action brought against the United States or the
legal organization arising out of--
``(A) an act or omission of the Federal
firefighter in the performance of an official
duty under the agreement; or
``(B) any other act, omission, or
occurrence for which the United States or the
legal organization associated with the Federal
firefighter is legally responsible under the
laws applicable to the foreign fire
organization.''; and
(6) in section 5 (as redesignated by paragraph
(4))--
(A) by striking ``under section 3(c)'' and
inserting ``under this Act''; and
(B) in the proviso--
(i) by striking ``wildfire
protection resources or personnel''
each place it appears and inserting
``wildfire protection resources
(including personnel)'';
(ii) by inserting ``for wildfire
suppression activities'' before
``unless''; and
(iii) by striking ``provide
wildfire protection'' and inserting
``provide wildfire suppression''.
contracting authorities
Sec. 412. In awarding a Federal contract with funds made
available by this Act, notwithstanding Federal Government
procurement and contracting laws, the Secretary of Agriculture
and the Secretary of the Interior (the ``Secretaries'') may, in
evaluating bids and proposals, through fiscal year 2013, give
consideration to local contractors who are from, and who
provide employment and training for, dislocated and displaced
workers in an economically disadvantaged rural community,
including those historically timber-dependent areas that have
been affected by reduced timber harvesting on Federal lands and
other forest-dependent rural communities isolated from
significant alternative employment opportunities: Provided,
That notwithstanding Federal Government procurement and
contracting laws the Secretaries may award contracts, grants or
cooperative agreements to local non-profit entities, Youth
Conservation Corps or related partnerships with State, local or
non-profit youth groups, or small or micro-business or
disadvantaged business: Provided further, That the contract,
grant, or cooperative agreement is for forest hazardous fuels
reduction, watershed or water quality monitoring or
restoration, wildlife or fish population monitoring, road
decommissioning, trail maintenance or improvement, or habitat
restoration or management: Provided further, That the terms
``rural community'' and ``economically disadvantaged'' shall
have the same meanings as in section 2374 of Public Law 101-624
(16 U.S.C. 6612): Provided further, That the Secretaries shall
develop guidance to implement this section: Provided further,
That nothing in this section shall be construed as relieving
the Secretaries of any duty under applicable procurement laws,
except as provided in this section.
limitation on takings
Sec. 413. Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply
to funds appropriated to implement the Everglades National Park
Protection and Expansion Act of 1989, or to funds appropriated
for Federal assistance to the State of Florida to acquire lands
for Everglades restoration purposes.
timber sale requirements
Sec. 414. No timber sale in Alaska's Region 10 shall be
advertised if the indicated rate is deficit (defined as the
value of the timber is not sufficient to cover all logging and
stumpage costs and provide a normal profit and risk allowance
under the Forest Service's appraisal process) when appraised
using a residual value appraisal. The western red cedar timber
from those sales which is surplus to the needs of the domestic
processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing
domestic prices. All additional western red cedar volume not
sold to Alaska or contiguous 48 United States domestic
processors may be exported to foreign markets at the election
of the timber sale holder. All Alaska yellow cedar may be sold
at prevailing export prices at the election of the timber sale
holder.
extension of grazing permits
Sec. 415. The terms and conditions of section 325 of
Public Law 108-108 (117 Stat. 1307), regarding grazing permits
at the Department of the Interior and the Forest Service, shall
remain in effect for fiscal years 2012 and 2013. A grazing
permit or lease issued by the Secretary of the Interior for
lands administered by the Bureau of Land Management that is the
subject of a request for a grazing preference transfer shall be
issued, without further processing, for the remaining time
period in the existing permit or lease using the same mandatory
terms and conditions. If the authorized officer determines a
change in the mandatory terms and conditions is required, the
new permit must be processed as directed in section 325 of
Public Law 108-108.
prohibition on no-bid contracts
Sec. 416. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used
to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of Chapter 33
of title 41, United States Code, or Chapter 137 of title 10,
United States Code, and the Federal Acquisition Regulation,
unless--
(1) Federal law specifically authorizes a contract
to be entered into without regard for these
requirements, including formula grants for States, or
federally recognized Indian tribes; or
(2) such contract is authorized by the Indian Self-
Determination and Education and Assistance Act (Public
Law 93-638, 25 U.S.C. 450 et seq., as amended) or by
any other Federal laws that specifically authorize a
contract within an Indian tribe as defined in section
4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 417. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less than
45 days.
national endowment for the arts grant guidelines
Sec. 418. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual
for a literature fellowship, National Heritage
Fellowship, or American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to
ensure that no funding provided through a grant, except
a grant made to a State or local arts agency, or
regional group, may be used to make a grant to any
other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to
a group, unless the application is specific to the
contents of the season, including identified programs
and/or projects.
national endowment for the arts program priorities
Sec. 419. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this Act,
the Chairperson of the National Endowment for the Arts shall
ensure that priority is given to providing services or awarding
financial assistance for projects, productions, workshops, or
programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a
population of individuals, including urban minorities,
who have historically been outside the purview of arts
and humanities programs due to factors such as a high
incidence of income below the poverty line or to
geographic isolation.
(2) The term ``poverty line'' means the poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2))) applicable to a family of the size
involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act of
1965 with funds appropriated by this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority
is given to providing services or awarding financial assistance
for projects, productions, workshops, or programs that will
encourage public knowledge, education, understanding, and
appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and Humanities
Act of 1965--
(1) the Chairperson shall establish a grant
category for projects, productions, workshops, or
programs that are of national impact or availability or
are able to tour several States;
(2) the Chairperson shall not make grants exceeding
15 percent, in the aggregate, of such funds to any
single State, excluding grants made under the authority
of paragraph (1);
(3) the Chairperson shall report to the Congress
annually and by State, on grants awarded by the
Chairperson in each grant category under section 5 of
such Act; and
(4) the Chairperson shall encourage the use of
grants to improve and support community-based music
performance and education.
use of competitive grant funds
Sec. 420. Section 6(d) of Public Law 96-297 (16 U.S.C. 431
note), as added by section 101 of Public Law 108-126, is
amended by inserting ``, except funds awarded through
competitive grants,'' after ``No Federal funds''.
forest service facility realignment and enhancement
Sec. 421. Section 503(f) of the Forest Service Realignment
and Enhancement Act of 2005 (title V of Public Law 109-54; 16
U.S.C. 580d note), as amended by section 422(1) of Public Law
111-8 (123 Stat. 748), is further amended by striking ``2011''
and inserting ``2016''.
service first
Sec. 422. Section 330 of the Department of the Interior
and Related Agencies Appropriations Act, 2001 (Public Law 106-
291; 114 Stat. 996; 43 U.S.C. 1701 note), concerning Service
First authorities, as amended by section 428 of Public Law 109-
54 (119 Stat. 555-556) and section 418 of Public Law 111-8 (123
Stat. 747), is amended--
(1) by striking in the first sentence ``In fiscal
years 2001 through 2011'', and inserting ``In fiscal
year 2012 and each fiscal year thereafter''; and
(2) by striking in the first sentence ``pilot
programs'' and inserting ``programs.''
federal, state, cooperative forest, range-land and watershed
restoration in utah
Sec. 423. The authority provided by section 337 of the
Department of the Interior and Related Agencies Appropriations
Act, 2005 (Public Law 108-447; 118 Stat. 3012), as amended,
shall remain in effect until September 30, 2013.
status of balances of appropriations
Sec. 424. The Department of the Interior, the
Environmental Protection Agency, the Forest Service, and the
Indian Health Service shall provide the Committees on
Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of appropriations
including all uncommitted, committed, and unobligated funds in
each program and activity.
report on use of climate change funds
Sec. 425. Not later than 120 days after the date on which
the President's fiscal year 2013 budget request is submitted to
Congress, the President shall submit a comprehensive report to
the Committee on Appropriations of the House of Representatives
and the Committee on Appropriations of the Senate describing in
detail all Federal agency funding, domestic and international,
for climate change programs, projects and activities in fiscal
year 2011, including an accounting of funding by agency with
each agency identifying climate change programs, projects and
activities and associated costs by line item as presented in
the President's Budget Appendix, and including citations and
linkages where practicable to each strategic plan that is
driving funding within each climate change program, project and
activity listed in the report.
prohibition on use of funds
Sec. 426. Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may be
used to promulgate or implement any regulation requiring the
issuance of permits under title V of the Clean Air Act (42
U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide, water
vapor, or methane emissions resulting from biological processes
associated with livestock production.
greenhouse gas reporting restrictions
Sec. 427. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
forest service pre-decisional objection process
Sec. 428. Hereafter, upon issuance of final regulations,
the Secretary of Agriculture, acting through the Chief of the
Forest Service, shall apply section 105(a) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6515(a)), providing
for a pre-decisional objection process, to proposed actions of
the Forest Service concerning projects and activities
implementing land and resource management plans developed under
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1600 et seq.), and documented with a Record of
Decision or Decision Notice, in lieu of subsections (c), (d),
and (e) of section 322 of Public Law 102-381 (16 U.S.C. 1612
note), providing for an administrative appeal process:
Provided, That if the Chief of the Forest Service determines an
emergency situation exists for which immediate implementation
of a proposed action is necessary, the proposed action shall
not be subject to the pre-decisional objection process, and
implementation shall begin immediately after the Forest Service
gives notice of the final decision for the proposed action:
Provided further, That this section shall not apply to an
authorized hazardous fuel reduction project under title I of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et
seq.).
silvicultural activities
Sec. 429. From the date of enactment of this Act until
September 30, 2012, the Administrator of the Environmental
Protection Agency shall not require a permit under section 402
of the Federal Water Pollution Control Act (33 U.S.C. 1342),
nor shall the Administrator directly or indirectly require any
State to require a permit, for discharges of stormwater runoff
from roads, the construction, use, or maintenance of which are
associated with silvicultural activities, or from other
silvicultural activities involving nursery operations, site
preparation, reforestation and subsequent cultural treatment,
thinning, prescribed burning, pest and fire control, harvesting
operations, or surface drainage.
claim maintenance fee amendments
Sec. 430. Section 10101 of the Omnibus Budget
Reconciliation Act of 1993 (30 U.S.C. 28f) is amended--
(1) in subsection (a)--
(A) by striking so much as precedes the
second sentence and inserting the following:
``(a) Claim Maintenance Fee.--
``(1) Lode mining claims, mill sites, and tunnel
sites.--The holder of each unpatented lode mining
claim, mill site, or tunnel site, located pursuant to
the mining laws of the United States on or after August
10, 1993, shall pay to the Secretary of the Interior,
on or before September 1 of each year, to the extent
provided in advance in appropriations Acts, a claim
maintenance fee of $100 per claim or site,
respectively.''; and
(B) by adding at the end the following:
``(2) Placer mining claims.--The holder of each
unpatented placer mining claim located pursuant to the
mining laws of the United States located before, on, or
after August 10, 1993, shall pay to the Secretary of
the Interior, on or before September 1 of each year,
the claim maintenance fee described in subsection (a),
for each 20 acres of the placer claim or portion
thereof.''; and
(2) in subsection (b), by striking the first
sentence and inserting the following: ``The claim main
tenance fee under subsection (a) shall be paid for the
year in which the location is made, at the time the
location notice is recorded with the Bureau of Land
Management.''.
domestic livestock grazing
Sec. 431. (a) Prohibition Regarding Potential Domestic
Sheep and Bighorn Sheep Contact on National Forest System
Land.--Notwithstanding any other provision of law or regulation
(other than the Endangered Species Act of 1973 and regulations
issued under such Act), none of the funds made available by
this Act or made available by any other Act for fiscal year
2012 only may be used to carry out--
(1) any new management restrictions on domestic
sheep on parcels of National Forest System land (as
defined in the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a))) with
potential domestic sheep and bighorn sheep (whether
native or nonnative) contact in excess of the
management restrictions that existed on July 1, 2011;
or
(2) any other agency regulation for managing
bighorn sheep populations on any allotment of such
National Forest System land if the management action
will result in a reduction in the number of domestic
livestock permitted to graze on the allotment or in the
distribution of livestock on the allotment.
(b) Exception.--Notwithstanding subsection (a), the
Secretary of Agriculture may make such management changes as
the Secretary determines to be necessary to manage bighorn
sheep if the management changes--
(1) are consistent with the wildlife plans of the
relevant State fish and game agency and determined in
consultation with that agency; and
(2) are developed in consultation with the affected
permittees.
(c) Bureau of Land Management Lands.--In circumstances
involving conflicts between bighorn sheep and domestic sheep
grazing on public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702)), the Bureau of Land Management may only modify or cancel
domestic sheep grazing permits after consulting with the
appropriate State fish and game agency. However, if the State
in question has an approved State Wildlife Management Plan that
addresses, with specificity, bighorn sheep management, then the
Bureau of Land Management modification or cancellation of
permits in that State shall conform to the bighorn sheep
management objectives in the State Wildlife Management Plan,
unless conformance would be inconsistent with Federal statute
or regulation. The Bureau of Land Management shall be bound by
the requirements of this subsection until September 30, 2012.
(d) Voluntary Closure of Allotments.--Nothing in this
section shall be construed as limiting the voluntary closure of
existing domestic sheep allotments when the closure is agreed
to in writing between the permittee and the Secretary of the
Interior or the Secretary of Agriculture and is carried out for
the purpose of reducing conflicts between domestic sheep and
bighorn sheep.
(e) Waiver of Grazing Permits and Leases.--The Secretary of
the Interior and the Secretary of Agriculture may accept the
voluntary waiver of any valid existing lease or permit
authorizing grazing on National Forest System land described in
subsection (a) or public lands described in subsection (c). If
the grazing permit or lease for a grazing allotment is only
partially within the area of potential domestic sheep and
bighorn sheep contact, the affected permittee may elect to
waive only the portion of the grazing permit or lease that is
within that area. The Secretary concerned shall--
(1) terminate each permit or lease waived or
portion of a permit or lease waived under this
subsection;
(2) ensure a permanent end to domestic sheep
grazing on the land covered by the waived permit or
lease or waived portion of the permit or lease unless
or until there is no conflict with bighorn sheep
management; and
(3) provide for the reimbursement of range
improvements in compliance with section 4 of the Act of
June 28, 1934 (commonly known as the Taylor Grazing
Act; 43 U.S.C. 315c).
air emissions from outer continental shelf activities
Sec. 432. (a) It is the purpose of this section to ensure
that the energy policy of the United States focuses on the
expeditious and orderly development of domestic energy
resources in a manner that protects human health and the
environment.
(b) Section 328(a)(1) of the Clean Air Act (42 U.S.C.
7627(a)(1)) is amended--
(1) in the first sentence, by inserting ``(other
than Outer Continental Shelf sources located offshore
of the North Slope Borough of the State of Alaska)''
after ``Outer Continental Shelf sources located
offshore of the States along the Pacific, Arctic and
Atlantic Coasts''; and
(2) in the fourth sentence, by inserting ``and this
Act'' after ``regulations''.
(c) Section 328(b) of the Clean Air Act (42 U.S.C. 7627(b))
is amended in the first sentence--
(1) by striking ``Gulf Coast''; and
(2) by inserting ``or are adjacent to the North
Slope Borough of the State of Alaska'' after
``Alabama''.
(d) The transfer of air quality permitting authority
pursuant to this section shall not invalidate or stay--
(1) any air quality permit pending or existing as
of the date of the enactment of this Act; or
(2) any proceeding related thereto.
(e)(1) The Comptroller General of the United States shall
undertake a study on the process for air quality permitting in
the Outer Continental Shelf.
(2) The study shall consist of a comparison of air quality
permitting for Outer Continental Shelf sources (as such term is
defined in section 328(a)(4) of the Clean Air Act (42 U.S.C.
7627(a)(4)) by the Department of the Interior with such
permitting by the Environmental Protection Agency, taking into
account the time elapsed between application and permit
approval, the number of applications, and the experiences and
assessments of the applicants.
(3) In carrying out the study, the Comptroller General
shall consult with the Administrator of the Environmental
Protection Agency, the Secretary of the Interior, and
applicants for air quality permits.
(4) The Comptroller General shall complete the study and
submit a report on the results of the study to the Congress not
later than September 30, 2014.
funding prohibition
Sec. 433. None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to, any corporation that was convicted
(or had an officer or agent of such corporation acting on
behalf of the corporation convicted) of a felony criminal
violation under any Federal law within the preceding 24 months,
where the awarding agency is aware of the conviction, unless
the agency has considered suspension or debarment of the
corporation, or such officer or agent and made a determination
that this further action is not necessary to protect the
interests of the Government.
limitation with respect to delinquent tax debts
Sec. 434. None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to, any corporation with respect to
which any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless
the agency has considered suspension or debarment of the
corporation and made a determination that this further action
is not necessary to protect the interests of the Government.
ALASKA NATIVE REGIONAL HEALTH ENTITIES
Sec. 435. (a) Notwithstanding any other provision of law
and until October 1, 2013, the Indian Health Service may not
disburse funds for the provision of health care services
pursuant to Public Law 93-638 (25 U.S.C. 450 et seq.) to any
Alaska Native village or Alaska Native village corporation that
is located within the area served by an Alaska Native regional
health entity.
(b) Nothing in this section shall be construed to prohibit
the disbursal of funds to any Alaska Native village or Alaska
Native village corporation under any contract or compact
entered into prior to May 1, 2006, or to prohibit the renewal
of any such agreement.
(c) For the purpose of this section, Eastern Aleutian
Tribes, Inc., the Council of Athabascan Tribal Governments, and
the Native Village of Eyak shall be treated as Alaska Native
regional health entities to which funds may be disbursed under
this section.
general reduction
Sec. 436. (a) Across-the-board Rescissions.--There is
hereby rescinded an amount equal to 0.16 percent of the budget
authority provided for fiscal year 2012 for any discretionary
appropriation in titles I through IV of this Act.
(b) Proportionate Application.--Any rescission made by
subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of
budget authority described in subsection (a); and
(2) within each such account and item, to each
program, project, and activity (with programs,
projects, and activities as delineated in the
appropriation Act or accompanying reports for the
relevant fiscal year covering such account or item, or
for accounts and items not included in appropriation
Acts, as delineated in the most recently submitted
President's budget).
(c) Indian Land and Water Claim Settlements.--Under the
heading ``Bureau of Indian Affairs, Indian Land and Water Claim
Settlements and Miscellaneous Payments to Indians'', the
across-the-board rescission in this section, and any subsequent
across-the-board rescission for fiscal year 2012, shall apply
only to the first dollar amount in the paragraph and the
distribution of the rescission shall be at the discretion of
the Secretary of the Interior who shall submit a report on such
distribution and the rationale therefore to the House and
Senate Committees on Appropriations.
(d) OMB Report.--Within 30 days after the date of the
enactment of this section the Director of the Office of
Management and Budget shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a
report specifying the account and amount of each rescission
made pursuant to this section.
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations Act,
2012''.
DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2012
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including transfer of funds)
For necessary expenses of the Workforce Investment Act of
1998 (referred to in this Act as ``WIA''), the Second Chance
Act of 2007, and the Women in Apprenticeship and Non-
Traditional Occupations Act of 1992 (``WANTO''), including the
purchase and hire of passenger motor vehicles, the
construction, alteration, and repair of buildings and other
facilities, and the purchase of real property for training
centers as authorized by the WIA, $3,195,383,000, plus
reimbursements, shall be available. Of the amounts provided:
(1) for grants to States for adult employment and
training activities, youth activities, and dislocated
worker employment and training activities,
$2,605,268,000 as follows:
(A) $770,922,000 for adult employment and
training activities, of which $58,922,000 shall
be available for the period July 1, 2012,
through June 30, 2013, and of which
$712,000,000 shall be available for the period
October 1, 2012 through June 30, 2013;
(B) $825,914,000 for youth activities,
which shall be available for the period April
1, 2012 through June 30, 2013; and
(C) $1,008,432,000 for dislocated worker
employment and training activities, of which
$148,432,000 shall be available for the period
July 1, 2012 through June 30, 2013, and of
which $860,000,000 shall be available for the
period October 1, 2012 through June 30, 2013:
Provided, That notwithstanding the transfer
limitation under section 133(b)(4) of the WIA, up to 30
percent of such funds may be transferred by a local
board if approved by the Governor: Provided further,
That a local board may award a contract to an
institution of higher education or other eligible
training provider if the local board determines that it
would facilitate the training of multiple individuals
in high-demand occupations, if such contract does not
limit customer choice: Provided further, That
notwithstanding section 128(a)(1) of the WIA, the
amount available to the Governor for statewide
workforce investment activities shall not exceed 5
percent of the amount allotted to the State from each
of the appropriations under the preceding
subparagraphs;
(2) for federally administered programs,
$487,053,000 as follows:
(A) $224,112,000 for the dislocated workers
assistance national reserve, of which
$24,112,000 shall be available for the period
July 1, 2012 through June 30, 2013, and of
which $200,000,000 shall be available for the
period October 1, 2012 through June 30, 2013:
Provided, That funds provided to carry out
section 132(a)(2)(A) of the WIA may be used to
provide assistance to a State for statewide or
local use in order to address cases where there
have been worker dislocations across multiple
sectors or across multiple local areas and such
workers remain dislocated; coordinate the State
workforce development plan with emerging
economic development needs; and train such
eligible dislocated workers: Provided further,
That funds provided to carry out section 171(d)
of the WIA may be used for demonstration
projects that provide assistance to new
entrants in the workforce and incumbent
workers: Provided further, That none of the
funds shall be obligated to carry out section
173(e) of the WIA;
(B) $47,652,000 for Native American
programs, which shall be available for the
period July 1, 2012 through June 30, 2013;
(C) $84,451,000 for migrant and seasonal
farmworker programs under section 167 of the
WIA, including $78,253,000 for formula grants
(of which not less than 70 percent shall be for
employment and training services), $5,689,000
for migrant and seasonal housing (of which not
less than 70 percent shall be for permanent
housing), and $509,000 for other discretionary
purposes, which shall be available for the
period July 1, 2012 through June 30, 2013:
Provided, That notwithstanding any other
provision of law or related regulation, the
Department of Labor shall take no action
limiting the number or proportion of eligible
participants receiving related assistance
services or discouraging grantees from
providing such services;
(D) $998,000 for carrying out the WANTO,
which shall be available for the period July 1,
2012 through June 30, 2013; and
(E) $79,840,000 for YouthBuild activities
as described in section 173A of the WIA, which
shall be available for the period April 1, 2012
through June 30, 2013; and
(F) $50,000,000 to be available to the
Secretary of Labor (referred to in this title
as ``Secretary'') for the Workforce Innovation
Fund to carry out projects that demonstrate
innovative strategies or replicate effective
evidence-based strategies that align and
strengthen the workforce investment system in
order to improve program delivery and education
and employment outcomes for beneficiaries,
which shall be for the period July 1, 2012
through September 30, 2013: Provided, That
amounts shall be available for awards to States
or State agencies that are eligible for
assistance under any program authorized under
the WIA, consortia of States, or partnerships,
including regional partnerships: Provided
further, That not more than 5 percent of the
funds available for workforce innovation
activities shall be for technical assistance
and evaluations related to the projects carried
out with these funds;
(3) for national activities, $103,062,000, as
follows:
(A) $6,616,000, in addition to any amounts
available under paragraph (2), for Pilots,
Demonstrations, and Research, which shall be
available for the period April 1, 2012 through
June 30, 2013: Provided, That funds made
available by Public Law 112-10 that were
designated for grants to address the employment
and training needs of young parents may be used
for other pilots, demonstrations, and research
activities and for implementation activities
related to the VOW to Hire Heroes Act of 2011
and may be transferred to ``State Unemployment
Insurance and Employment Service Operations''
to carry out such implementation activities;
(B) $80,390,000 for ex-offender activities,
under the authority of section 171 of the WIA
and section 212 of the Second Chance Act of
2007, which shall be available for the period
April 1, 2012 through June 30, 2013,
notwithstanding the requirements of section
171(b)(2)(B) or 171(c)(4)(D) of the WIA:
Provided, That of this amount, $20,000,000
shall be for competitive grants to national and
regional intermediaries for activities that
prepare young ex-offenders and school dropouts
for employment, with a priority for projects
serving high-crime, high-poverty areas;
(C) $9,581,000 for Evaluation, which shall
be available for the period July 1, 2012
through June 30, 2013; and
(D) $6,475,000 for the Workforce Data
Quality Initiative, under the authority of
section 171(c)(2) of the WIA, which shall be
available for the period July 1, 2012 through
June 30, 2013, and which shall not be subject
to the requirements of section 171(c)(4)(D).
office of job corps
To carry out subtitle C of title I of the WIA, including
Federal administrative expenses, the purchase and hire of
passenger motor vehicles, the construction, alteration, and
repairs of buildings and other facilities, and the purchase of
real property for training centers as authorized by the WIA,
$1,706,171,000, plus reimbursements, as follows:
(1) $1,572,049,000 for Job Corps Operations, which
shall be available for the period July 1, 2012 through
June 30, 2013;
(2) $104,990,000 for construction, rehabilitation
and acquisition of Job Corps Centers, which shall be
available for the period July 1, 2012 through June 30,
2015: Provided, That the Secretary may transfer up to
15 percent of such funds to meet the operational needs
of such centers or to achieve administrative
efficiencies: Provided further, That any funds
transferred pursuant to the preceding proviso shall not
be available for obligation after June 30, 2013; and
(3) $29,132,000 for necessary expenses of the
Office of Job Corps, which shall be available for
obligation for the period October 1, 2011 through
September 30, 2012:
Provided further, That no funds from any other appropriation
shall be used to provide meal services at or for Job Corps
centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965
(referred to in this Act as ``OAA''), $449,100,000, which shall
be available for the period July 1, 2012 through June 30, 2013,
and may be recaptured and reobligated in accordance with
section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2012 of trade adjustment
benefit payments and allowances under part I of subchapter B of
chapter 2 of title II of the Trade Act of 1974, and section 246
of that Act; and for training, employment and case management
services, allowances for job search and relocation, and related
State administrative expenses under part II of subchapter B of
chapter 2 of title II of the Trade Act of 1974, including
benefit payments, allowances, training, employment and case
management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance
Extension Act of 2011, $1,100,100,000, together with such
amounts as may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to
September 15, 2012.
state unemployment insurance and employment service operations
For authorized administrative expenses, $86,231,000,
together with not to exceed $3,958,441,000 which may be
expended from the Employment Security Administration Account in
the Unemployment Trust Fund (``the Trust Fund''), of which:
(1) $3,181,154,000 from the Trust Fund is for
grants to States for the administration of State
unemployment insurance laws as authorized under title
III of the Social Security Act (including not less than
$10,000,000 to conduct in-person reemployment and
eligibility assessments and unemployment insurance
improper payment reviews), the administration of
unemployment insurance for Federal employees and for
ex-service members as authorized under 5 U.S.C. 8501-
8523, and the administration of trade readjustment
allowances, reemployment trade adjustment assistance,
and alternative trade adjustment assistance under the
Trade Act of 1974 and under section 231(a) of the Trade
Adjustment Assistance Extension Act of 2011, and shall
be available for obligation by the States through
December 31, 2012, except that funds used for
automation acquisitions or competitive grants awarded
to States for improved operations, or reemployment and
eligibility assessments and improper payments shall be
available for obligation by the States through
September 30, 2014, and funds used for unemployment
insurance workloads experienced by the States through
September 30, 2012 shall be available for Federal
obligation through December 31, 2012;
(2) $11,287,000 from the Trust Fund is for national
activities necessary to support the administration of
the Federal-State unemployment insurance system;
(3) $679,531,000 from the Trust Fund, together with
$22,638,000 from the General Fund of the Treasury, is
for grants to States in accordance with section 6 of
the Wagner-Peyser Act, and shall be available for
Federal obligation for the period July 1, 2012 through
June 30, 2013;
(4) $20,952,000 from the Trust Fund is for national
activities of the Employment Service, including
administration of the work opportunity tax credit under
section 51 of the Internal Revenue Code of 1986, and
the provision of technical assistance and staff
training under the Wagner-Peyser Act, including not to
exceed $1,228,000 that may be used for amortization
payments to States which had independent retirement
plans in their State employment service agencies prior
to 1980;
(5) $65,517,000 from the Trust Fund is for the
administration of foreign labor certifications and
related activities under the Immigration and
Nationality Act and related laws, of which $50,418,000
shall be available for the Federal administration of
such activities, and $15,099,000 shall be available for
grants to States for the administration of such
activities; and
(6) $63,593,000 from the General Fund is to provide
workforce information, national electronic tools, and
one-stop system building under the Wagner-Peyser Act
and section 171 (e)(2)(C) of the WIA and shall be
available for Federal obligation for the period July 1,
2012 through June 30, 2013:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2012 is projected by
the Department of Labor to exceed 4,832,000, an additional
$28,600,000 from the Trust Fund shall be available for
obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) to carry out title III of the Social Security Act:
Provided further, That funds appropriated in this Act that are
allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist
other States in carrying out activities under such title III if
the other States include areas that have suffered a major
disaster declared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act: Provided
further, That the Secretary may use funds appropriated for
grants to States under title III of the Social Security Act to
make payments on behalf of States for the use of the National
Directory of New Hires under section 453(j)(8) of such Act:
Provided further, That funds appropriated in this Act which are
used to establish a national one-stop career center system, or
which are used to support the national activities of the
Federal-State unemployment insurance or immigration programs,
may be obligated in contracts, grants, or agreements with non-
State entities: Provided further, That funds appropriated
under this Act for activities authorized under title III of the
Social Security Act and the Wagner-Peyser Act may be used by
States to fund integrated Unemployment Insurance and Employment
Service automation efforts, notwithstanding cost allocation
principles prescribed under the Office of Management and Budget
Circular A-87: Provided further, That the Secretary, at the
request of a State participating in a consortium with other
States, may reallot funds allotted to such State under title
III of the Social Security Act to other States participating in
the consortium in order to carry out activities that benefit
the administration of the unemployment compensation law of the
State making the request.
In addition, $50,000,000 from the Employment Security
Administration Account of the Unemployment Trust Fund shall be
available to conduct in-person reemployment and eligibility
assessments and unemployment insurance improper payment
reviews.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, and to the Black Lung Disability Trust Fund as authorized
by section 9501(c)(1) of the Internal Revenue Code of 1986; and
for nonrepayable advances to the Unemployment Trust Fund as
authorized by 5 U.S.C. 8509, and to the ``Federal Unemployment
Benefits and Allowances'' account, such sums as may be
necessary, which shall be available for obligation through
September 30, 2013.
program administration
For expenses of administering employment and training
programs, $97,320,000, together with not to exceed $50,040,000
which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $183,500,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'')
is authorized to make such expenditures, including financial
assistance authorized by subtitle E of title IV of the Employee
Retirement Income Security Act of 1974, within limits of funds
and borrowing authority available to the Corporation, and in
accord with law, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by 31
U.S.C. 9104, as may be necessary in carrying out the program,
including associated administrative expenses, through September
30, 2012, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2012 shall
be available for obligations for administrative expenses in
excess of $476,901,000: Provided further, That to the extent
that the number of new plan participants in plans terminated by
the Corporation exceeds 100,000 in fiscal year 2012, an amount
not to exceed an additional $9,200,000 shall be available
through September 30, 2013, for obligation for administrative
expenses for every 20,000 additional terminated participants:
Provided further, That an additional $50,000 shall be made
available through September 30, 2013, for obligation for
investment management fees for every $25,000,000 in assets
received by the Corporation as a result of new plan
terminations or asset growth, after approval by the Office of
Management and Budget and notification of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That obligations in excess of the amounts
provided in this paragraph may be incurred for unforeseen and
extraordinary pretermination expenses or extraordinary
multiemployer program related expenses after approval by the
Office of Management and Budget and notification of the
Committees on Appropriations of the House of Representatives
and the Senate.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies
and their employees for inspection services rendered,
$227,491,000.
Office of Labor Management Standards
salaries and expenses
For necessary expenses for the Office of Labor Management
Standards, $41,367,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $105,386,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers'
Compensation Programs, $115,939,000, together with $2,124,000
which may be expended from the Special Fund in accordance with
sections 39(c), 44(d), and 44(j) of the Longshore and Harbor
Worker's Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or
any prior fiscal year authorized by 5 U.S.C. 81; continuation
of benefits as provided for under the heading ``Civilian War
Benefits'' in the Federal Security Agency Appropriation Act,
1947; the Employees' Compensation Commission Appropriation Act,
1944; sections 4(c) and 5(f) of the War Claims Act of 1948; and
50 percent of the additional compensation and benefits required
by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, $350,000,000, together with such amounts as
may be necessary to be charged to the subsequent year
appropriation for the payment of compensation and other
benefits for any period subsequent to August 15 of the current
year: Provided, That amounts appropriated may be used under 5
U.S.C. 8104 by the Secretary to reimburse an employer, who is
not the employer at the time of injury, for portions of the
salary of a re-employed, disabled beneficiary: Provided
further, That balances of reimbursements unobligated on
September 30, 2011, shall remain available until expended for
the payment of compensation, benefits, and expenses: Provided
further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other
corporation or instrumentality required under 5 U.S.C. 8147(c)
to pay an amount for its fair share of the cost of
administration, such sums as the Secretary determines to be the
cost of administration for employees of such fair share
entities through September 30, 2012: Provided further, That of
those funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal
Employees' Compensation Act, $59,488,000 shall be made
available to the Secretary as follows:
(1) For enhancement and maintenance of automated
data processing systems and telecommunications systems,
$17,253,000;
(2) For automated workload processing operations,
including document imaging, centralized mail intake,
and medical bill processing, $26,769,000;
(3) For periodic roll management and medical
review, $15,466,000; and
(4) The remaining funds shall be paid into the
Treasury as miscellaneous receipts:
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits under
5 U.S.C. 81, or the Longshore and Harbor Workers' Compensation
Act, provide as part of such notice and claim, such identifying
information (including Social Security account number) as such
regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275,
$141,227,000, to remain available until expended.
For making after July 31 of the current fiscal year,
benefit payments to individuals under title IV of such Act, for
costs incurred in the current fiscal year, such amounts as may
be necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2013, $40,000,000, to remain available
until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $52,147,000, to
remain available until expended: Provided, That the Secretary
may require that any person filing a claim for benefits under
the Act provide as part of such claim such identifying
information (including Social Security account number) as may
be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung
Disability Trust Fund (``Fund''), to remain available until
expended, for payment of all benefits authorized by section
9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of
1986; and repayment of, and payment of interest on advances, as
authorized by section 9501(d)(4) of that Act. In addition, the
following amounts may be expended from the Fund for fiscal year
2012 for expenses of operation and administration of the Black
Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $32,906,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed
$25,217,000 for transfer to Departmental Management, ``Salaries
and Expenses''; not to exceed $327,000 for transfer to
Departmental Management, ``Office of Inspector General''; and
not to exceed $356,000 for payments into miscellaneous receipts
for the expenses of the Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and
Health Administration, $565,857,000, including not to exceed
$104,393,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational Safety
and Health Act (``Act''), which grants shall be no less than 50
percent of the costs of State occupational safety and health
programs required to be incurred under plans approved by the
Secretary under section 18 of the Act; and, in addition,
notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $200,000 per fiscal year
of training institute course tuition fees, otherwise authorized
by law to be collected, and may utilize such sums for
occupational safety and health training and education:
Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is
authorized, during the fiscal year ending September 30, 2012,
to collect and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums, in
accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that
ensure the safety of equipment and products used by workers in
the workplace: Provided further, That none of the funds
appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any
standard, rule, regulation, or order under the Act which is
applicable to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds
appropriated under this paragraph shall be obligated or
expended to administer or enforce any standard, rule,
regulation, or order under the Act with respect to any employer
of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (DART)
occupational injury and illness rate, at the most precise
industrial classification code for which such data are
published, less than the national average rate as such rates
are most recently published by the Secretary, acting through
the Bureau of Labor Statistics, in accordance with section 24
of the Act, except--
(1) to provide, as authorized by the Act,
consultation, technical assistance, educational and
training services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a citation
for violations found during such inspection, and to
assess a penalty for violations which are not corrected
within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by the Act with
respect to imminent dangers;
(4) to take any action authorized by the Act with
respect to health hazards;
(5) to take any action authorized by the Act with
respect to a report of an employment accident which is
fatal to one or more employees or which results in
hospitalization of two or more employees, and to take
any action pursuant to such investigation authorized by
the Act; and
(6) to take any action authorized by the Act with
respect to complaints of discrimination against
employees for exercising rights under the Act:
Provided further, That the foregoing proviso shall not apply
to any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That $10,729,000 shall be
available for Susan Harwood training grants.
Mine Safety and Health Administration
salaries and expenses
(including transfer of funds)
For necessary expenses for the Mine Safety and Health
Administration, $374,000,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue and
first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities; in addition, not to exceed $750,000 may be
collected by the National Mine Health and Safety Academy for
room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available
for mine safety and health education and training activities,
notwithstanding 31 U.S.C. 3302; and, in addition, the Mine
Safety and Health Administration may retain up to $1,499,000
from fees collected for the approval and certification of
equipment, materials, and explosives for use in mines, and may
utilize such sums for such activities; and, in addition, the
Secretary may transfer from amounts provided under this heading
up to $3,000,000 to ``Departmental Management'' for activities
related to the Office of the Solicitor's caseload before the
Federal Mine Safety and Health Review Commission; the Secretary
is authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, or
private; the Mine Safety and Health Administration is
authorized to promote health and safety education and training
in the mining community through cooperative programs with
States, industry, and safety associations; the Secretary is
authorized to recognize the Joseph A. Holmes Safety Association
as a principal safety association and, notwithstanding any
other provision of law, may provide funds and, with or without
reimbursement, personnel, including service of Mine Safety and
Health Administration officials as officers in local chapters
or in the national organization; and any funds available to the
Department of Labor may be used, with the approval of the
Secretary, to provide for the costs of mine rescue and survival
operations in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$542,921,000, together with not to exceed $67,303,000 which may
be expended from the Employment Security Administration Account
in the Unemployment Trust Fund, of which $1,500,000 may be used
to fund the mass layoff statistics program under section 15 of
the Wagner-Peyser Act.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $38,953,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management,
including the hire of three passenger motor vehicles,
$346,683,000, together with not to exceed $326,000, which may
be expended from the Employment Security Administration Account
in the Unemployment Trust Fund: Provided, That $66,500,000 for
the Bureau of International Labor Affairs shall be available
for obligation through December 31, 2012: Provided further,
That funds available to the Bureau of International Labor
Affairs may be used to administer or operate international
labor activities, bilateral and multilateral technical
assistance, and microfinance programs, by or through contracts,
grants, subgrants and other arrangements: Provided further,
That $40,000,000 shall be for programs to combat exploitative
child labor internationally: Provided further, That not less
than $6,500,000 shall be used to implement model programs that
address worker rights issues through technical assistance in
countries with which the United States has free trade
agreements or trade preference programs: Provided further,
That $8,500,000 shall be used for program evaluation and shall
be available for obligation through September 30, 2013:
Provided further, That funds available for program evaluation
may be transferred to any other appropriate account in the
Department for such purpose: Provided further, That the funds
available to the Women's Bureau may be used for grants to serve
and promote the interests of women in the workforce.
veterans employment and training
Not to exceed $212,060,000 may be derived from the
Employment Security Administration Account in the Unemployment
Trust Fund to carry out the provisions of 38 U.S.C. 4100-4113,
4211-4215, and 4321-4327, and Public Law 103-353, and which
shall be available for obligation by the States through
December 31, 2012, of which $2,444,000 is for the National
Veterans' Employment and Training Services Institute.
In addition, to carry out Department of Labor programs
under section 5(a)(1) of the Homeless Veterans Comprehensive
Assistance Act of 2001 and the Veterans Workforce Investment
Programs under section 168 of the WIA, $52,879,000, of which
$14,622,000 shall be available for obligation for the period
July 1, 2012 through June 30, 2013.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to
support systems and modernization, $19,852,000.
office of inspector general
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, $77,937,000, together with not to exceed
$5,909,000 which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for
the Job Corps shall be used to pay the salary and bonuses of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for the Department of Labor in this Act may be
transferred between a program, project, or activity, but no
such program, project, or activity shall be increased by more
than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall be available
only to meet emergency needs and shall not be used to create
any new program or to fund any project or activity for which no
funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any
transfer.
Sec. 103. In accordance with Executive Order No. 13126,
none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, in whole or in part, by forced
or indentured child labor in industries and host countries
already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. None of the funds made available to the
Department of Labor for grants under section 414(c) of the
American Competitiveness and Workforce Improvement Act of 1998
may be used for any purpose other than competitive grants for
training in the occupations and industries for which employers
are using H-1B visas to hire foreign workers, and the related
activities necessary to support such training.
Sec. 105. None of the funds made available by this Act
under the heading ``Employment and Training Administration''
shall be used by a recipient or subrecipient of such funds to
pay the salary and bonuses of an individual, either as direct
costs or indirect costs, at a rate in excess of Executive Level
II. This limitation shall not apply to vendors providing goods
and services as defined in Office of Management and Budget
Circular A-133. Where States are recipients of such funds,
States may establish a lower limit for salaries and bonuses of
those receiving salaries and bonuses from subrecipients of such
funds, taking into account factors including the relative cost-
of-living in the State, the compensation levels for comparable
State or local government employees, and the size of the
organizations that administer Federal programs involved
including Employment and Training Administration programs.
Notwithstanding this section, the limitation on salaries for
the Job Corps shall continue to be governed by section 101.
Sec. 106. The Secretary shall take no action to amend,
through regulatory or administration action, the definition
established in section 667.220 of title 20 of the Code of
Federal Regulations for functions and activities under title I
of WIA, or to modify, through regulatory or administrative
action, the procedure for redesignation of local areas as
specified in subtitle B of title I of that Act (including
applying the standards specified in section 116(a)(3)(B) of
that Act, but notwithstanding the time limits specified in
section 116(a)(3)(B) of that Act), until such time as
legislation reauthorizing the Act is enacted. Nothing in the
preceding sentence shall permit or require the Secretary to
withdraw approval for such redesignation from a State that
received the approval not later than October 12, 2005, or to
revise action taken or modify the redesignation procedure being
used by the Secretary in order to complete such redesignation
for a State that initiated the process of such redesignation by
submitting any request for such redesignation not later than
October 26, 2005.
(including transfer of funds)
Sec. 107. Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act or by Public Law 112-10, either
directly or through a set-aside, for technical assistance
services to grantees to ``Program Administration'' when it is
determined that those services will be more efficiently
performed by Federal employees.
(including transfer of funds)
Sec. 108. (a) The Secretary may reserve not more than 0.5
percent from each appropriation made available in this Act
identified in subsection (b) in order to carry out evaluations
of any of the programs or activities that are funded under such
accounts. Any funds reserved under this section shall be
transferred to ``Departmental Management'' for use by the
Office of the Chief Evaluation Officer within the Department of
Labor, and shall be available for obligation through September
30, 2013: Provided, That such funds shall only be available if
the Chief Evaluation Officer of the Department of Labor submits
a plan to the Committees on Appropriations of the House of
Representatives and the Senate describing the evaluations to be
carried out 15 days in advance of any transfer.
(b) The accounts referred to in subsection (a) are:
``Office of Job Corps'', ``State Unemployment Insurance and
Employment Service Operations'', ``Employee Benefits Security
Administration'', ``Office of Workers' Compensation Programs'',
``Wage and Hour Division'', ``Office of Federal Contract
Compliance Programs'', ``Office of Labor Management
Standards'', ``Occupational Safety and Health Administration'',
``Mine Safety and Health Administration'', and ``Veterans
Employment and Training''.
Sec. 109. None of the funds made available by this Act may
be used to promulgate the Definition of ``Fiduciary''
regulation (Regulatory Identification Number 1210-AB32)
published by the Employee Benefits Security Administration of
the Department of Labor on October 22, 2010 (75 Fed. Reg.
65263).
Sec. 110. None of the amounts made available under this
Act may be used to implement the rule entitled ``Wage
Methodology for the Temporary Non-Agricultural Employment H-2B
Program'' (76 Fed. Reg. 3452 (January 19, 2011)).
Sec. 111. None of the funds made available by this Act may
be used to continue the development of or to promulgate,
administer, enforce, or otherwise implement the Occupational
Injury and Illness Recording and Reporting Requirements--
Musculoskeletal Disorders (MSD) Column regulation (Regulatory
Identification Number 1218-AC45) being developed by the
Occupational Safety and Health Administration of the Department
of Labor.
Sec. 112. None of the funds made available by this Act may
be used to implement or enforce the proposed rule entitled
``Lowering Miners' Exposure to Coal Mine Dust, Including
Continuous Personal Dust Monitors'' regulation published by the
Mine Safety and Health Administration (MSHA) of the Department
of Labor on October 19, 2010 (75 Fed. Reg. 64412, RIN 1219-
AB64) until--
(1) the Government Accountability Office--
(A) issues, at a minimum, an interim report
which--
(i) evaluates the completeness of
MSHA's data collection and sampling, to
include an analysis of whether such
data supports current trends of the
incidence of lung disease arising from
occupational exposure to respirable
coal mine dust across working
underground coal miners; and
(ii) assesses the sufficiency of
MSHA's analytical methodology; and
(B) not later than 240 days after enactment
of this Act, submits the report described in
subparagraph (A) to the Committees on
Appropriations of the House of Representatives
and the Senate; or
(2) the deadline described in paragraph (1)(B) for
submission of the report has passed.
Sec. 113. None of the funds made available by this Act may
be used by the Secretary to administer or enforce 29 CFR
779.372(c)(4).
This title may be cited as the ``Department of Labor
Appropriations Act, 2012''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health
Service Act (referred to in this Act as the ``PHS Act'') with
respect to primary health care and the Native Hawaiian Health
Care Act of 1988, $1,598,957,000, of which $129,000 shall be
available until expended for facilities renovations at the
Gillis W. Long Hansen's Disease Center: Provided, That no more
than $40,000 shall be available until expended for carrying out
the provisions of section 224(o) of the PHS Act, including
associated administrative expenses and relevant evaluations:
Provided further, That no more than $95,073,000 shall be
available until expended for carrying out the provisions of
Public Law 104-73 and for expenses incurred by the Department
of Health and Human Services (referred to in this Act as
``HHS'') pertaining to administrative claims made under such
law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act
with respect to the health workforce, section 1128E of the
Social Security Act, and the Health Care Quality Improvement
Act of 1986, $734,402,000: Provided, That sections 747(c)(2),
751(j)(2), and the proportional funding amounts in paragraphs
(1) through (4) of section 756(e) of the PHS Act shall not
apply to funds made available under this heading: Provided
further, That for any program operating under section 751 of
the PHS Act on or before January 1, 2009, the Secretary of
Health and Human Services (referred to in this title as
``Secretary'') may waive any of the requirements contained in
sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the full
project period of a grant under such section: Provided
further, That no funds shall be available for section 340G-1 of
the PHS Act: Provided further, That in addition to fees
authorized by section 427(b) of the Health Care Quality
Improvement Act of 1986, fees shall be collected for the full
disclosure of information under such Act sufficient to recover
the full costs of operating the National Practitioner Data Bank
and shall remain available until expended to carry out that
Act: Provided further, That fees collected for the full
disclosure of information under the ``Health Care Fraud and
Abuse Data Collection Program'', authorized by section
1128E(d)(2) of the Social Security Act, shall be sufficient to
recover the full costs of operating the program, and shall
remain available until expended to carry out that Act:
Provided further, That funds transferred to this account to
carry out section 846 and subpart 3 of part D of title III of
the PHS Act may be used to make prior year adjustments to
awards made under such sections.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS
Act with respect to maternal and child health, title V of the
Social Security Act, and section 712 of the American Jobs
Creation Act of 2004, $863,607,000: Provided, That
notwithstanding sections 502(a)(1) and 502(b)(1) of the Social
Security Act, not more than $79,586,000 shall be available for
carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act and
$10,400,000 shall be available for projects described in
paragraphs (A) through (F) of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,326,665,000, of which
$1,995,670,000 shall remain available to the Secretary of
Health and Human Services through September 30, 2014, for parts
A and B of title XXVI of the PHS Act, and of which not less
than $900,000,000 shall be for State AIDS Drug Assistance
Programs under the authority of section 2616 or 311(c) of such
Act: Provided, That in addition to amounts provided herein,
$25,000,000 shall be available from amounts available under
section 241 of the PHS Act to carry out parts A, B, C, and D of
title XXVI of the PHS Act to fund Special Projects of National
Significance under section 2691.
health care systems
For carrying out titles III and XII of the PHS Act with
respect to health care systems, and the Stem Cell Therapeutic
and Research Act of 2005, $83,526,000.
rural health
For carrying out titles III and IV of the PHS Act with
respect to rural health, section 427(a) of the Federal Coal
Mine Health and Safety Act, the Cardiac Arrest Survival Act of
2000, and sections 711 and 1820 of the Social Security Act,
$139,832,000, of which $41,118,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act,
shall be available for carrying out the Medicare rural hospital
flexibility grants program: Provided, That of the funds made
available under this heading for Medicare rural hospital
flexibility grants, $15,000,000 shall be available for the
Small Rural Hospital Improvement Grant Program for quality
improvement and adoption of health information technology and
$1,000,000 shall be to carry out section 1820(g)(6) of the
Social Security Act, with funds provided for grants under
section 1820(g)(6) available for the purchase and
implementation of telehealth services, including pilots and
demonstrations on the use of electronic health records to
coordinate rural veterans care between rural providers and the
Department of Veterans Affairs electronic health record system:
Provided further, That notwithstanding section 338J(k) of the
PHS Act, $10,055,000 shall be available for State Offices of
Rural Health.
family planning
For carrying out the program under title X of the PHS Act
to provide for voluntary family planning projects,
$297,400,000: Provided, That amounts provided to said projects
under such title shall not be expended for abortions, that all
pregnancy counseling shall be nondirective, and that such
amounts shall not be expended for any activity (including the
publication or distribution of literature) that in any way
tends to promote public support or opposition to any
legislative proposal or candidate for public office.
program management
For program support in the Health Resources and Services
Administration, $161,815,000: Provided, That funds made
available under this heading may be used to supplement program
support funding provided under the headings ``Primary Health
Care'', ``Health Workforce'', ``Maternal and Child Health'',
``Ryan White HIV/AIDS Program'', ``Health Care Systems'', and
``Rural Health''.
health education assistance loans program account
Such sums as may be necessary to carry out the purpose of
the program, as authorized by title VII of the PHS Act. For
administrative expenses to carry out the guaranteed loan
program, including section 709 of the PHS Act, $2,841,000.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program
Trust Fund (``Trust Fund''), such sums as may be necessary for
claims associated with vaccine-related injury or death with
respect to vaccines administered after September 30, 1988,
pursuant to subtitle 2 of title XXI of the PHS Act, to remain
available until expended: Provided, That for necessary
administrative expenses, not to exceed $6,489,000 shall be
available from the Trust Fund to the Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, VII, XVII, and XXI, and
section 2821 of the PHS Act, titles II and IV of the
Immigration and Nationality Act, and section 501 of the Refugee
Education Assistance Act, with respect to immunization and
respiratory diseases, $579,375,000: Provided, That in addition
to amounts provided herein, $12,864,000 shall be available from
amounts available under section 241 of the PHS Act to carry out
the National Immunization Surveys.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, VII, XVII, XXIII, and XXVI
of the PHS Act with respect to HIV/AIDS, viral hepatitis,
sexually transmitted diseases, and tuberculosis prevention,
$1,105,995,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, VII, and XVII, and section
2821 of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to emerging and zoonotic
infectious diseases, $253,919,000.
chronic disease prevention and health promotion
For carrying out titles II, III, VII, XI, XV, XVII, and XIX
of the PHS Act with respect to chronic disease prevention and
health promotion, $760,700,000: Provided, That funds
appropriated under this account may be available for making
grants under section 1509 of the PHS Act for not less than 21
States, tribes, or tribal organizations.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, VII, XI, and XVII of the
PHS Act with respect to birth defects, developmental
disabilities, disabilities and health, $138,072,000.
public health scientific services
For carrying out titles II and III of the PHS Act with
respect to health statistics, surveillance, informatics, and
workforce development, $144,795,000: Provided, That in
addition to amounts provided herein, $247,769,000 shall be
available from amounts available under section 241 of the PHS
Act to carry out Public Health Scientific Services.
environmental health
For carrying out titles II, III, VII, and XVII of the PHS
Act with respect to environmental health, $105,598,000.
injury prevention and control
For carrying out titles II, III, VII, and XVII of the PHS
Act with respect to injury prevention and control,
$138,480,000.
national institute for occupational safety and health
For carrying out titles II, III, VII, and XVII of the PHS
Act, sections 101, 102, 103, 201, 202, 203, 301, 501, and 514
of the Federal Mine Safety and Health Act, section 13 of the
Mine Improvement and New Emergency Response Act, and sections
20, 21, and 22 of the Occupational Safety and Health Act, with
respect to occupational safety and health, $182,903,000:
Provided, That in addition to amounts provided herein,
$110,724,000 shall be available from amounts available under
section 241 of the PHS Act.
employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to
remain available until expended, of which $4,500,000 shall be
for use by or in support of the Advisory Board on Radiation and
Worker Health (``Board'') to carry out its statutory
responsibilities, including obtaining audits, technical
assistance, and other support from the Board's audit contractor
with regard to radiation dose estimation and reconstruction
efforts, site profiles, procedures, and review of Special
Exposure Cohort petitions and evaluation reports: Provided,
That this amount shall be available consistent with the
provision regarding administrative expenses in section 151(b)
of division B, title I of Public Law 106-554.
global health
For carrying out titles II, III, VII and XVII of the PHS
Act with respect to global health, $349,547,000, of which
$118,023,000 for international HIV/AIDS shall remain available
through September 30, 2013: Provided, That funds may be used
for purchase and insurance of official motor vehicles in
foreign countries.
public health preparedness and response
For carrying out titles II, III, VII, and XVII of the PHS
Act with respect to public health preparedness and response,
and for expenses necessary to support activities related to
countering potential biological, nuclear, radiological, and
chemical threats to civilian populations, $1,306,906,000, of
which $509,486,000 shall remain available until expended for
the Strategic National Stockpile under section 319F-2 of the
PHS Act.
cdc-wide activities and program support
For carrying out titles II, III, VII, XVII and XIX, and
section 2821 of the PHS Act and for cross-cutting activities
and program support that supplement activities funded under the
headings ``Immunization and Respiratory Diseases'', ``HIV/AIDS,
Viral Hepatitis, Sexually Transmitted Diseases, and
Tuberculosis Prevention'', ``Emerging and Zoonotic Infectious
Diseases'', ``Chronic Disease Prevention and Health
Promotion'', ``Birth Defects, Developmental Disabilities,
Disabilities and Health'', ``Environmental Health'', ``Injury
Prevention and Control'', ``National Institute for Occupational
Safety and Health'', ``Employees Occupational Illness
Compensation Program Act'', ``Global Health'', ``Public Health
Preparedness and Response'', and ``Public Health Scientific
Services'', $621,445,000, of which $30,000,000 shall be
available until September 30, 2013 for business services, of
which $25,000,000 shall be available until September 30, 2016
for equipment, construction and renovation of facilities, and
of which $80,000,000 shall be for the Preventive Health and
Health Services Block Grant Program: Provided, That paragraphs
(1) through (3) of subsection (b) of section 2821 of the PHS
Act shall not apply to funds appropriated under this heading
and in all other accounts of the Centers for Disease Control
and Prevention (referred to in this title as ``CDC''):
Provided further, That funds appropriated under this heading
and in all other accounts of CDC may be used to support the
purchase, hire, maintenance, and operation of aircraft for use
and support of the activities of CDC: Provided further, That
employees of CDC or the Public Health Service, both civilian
and commissioned officers, detailed to States, municipalities,
or other organizations under authority of section 214 of the
PHS Act, or in overseas assignments, shall be treated as non-
Federal employees for reporting purposes only and shall not be
included within any personnel ceiling applicable to the Agency,
Service, or HHS during the period of detail or assignment:
Provided further, That CDC may use up to $10,000 from amounts
appropriated to CDC in this Act for official reception and
representation expenses when specifically approved by the
Director of CDC: Provided further, That in addition, such sums
as may be derived from authorized user fees, which shall be
credited to the appropriation charged with the cost thereof:
Provided further, That with respect to the previous proviso,
authorized user fees from the Vessel Sanitation Program shall
be available through September 30, 2013: Provided further,
That of the funds made available under this heading, up to
$1,000 per eligible employee of CDC shall be made available
until expended for Individual Learning Accounts: Provided
further, That CDC may establish a Working Capital Fund, with
the authorities equivalent to those provided in 42 U.S.C. 231,
to improve the provision of supplies and service.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act
with respect to cancer, $5,081,788,000, of which up to
$8,000,000 may be used for facilities repairs and improvements
at the National Cancer Institute--Frederick Federally Funded
Research and Development Center in Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act
with respect to cardiovascular, lung, and blood diseases, and
blood and blood products, $3,084,851,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act
with respect to dental disease, $411,488,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act
with respect to diabetes and digestive and kidney disease,
$1,800,447,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act
with respect to neurological disorders and stroke,
$1,629,445,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act
with respect to allergy and infectious diseases,
$4,499,215,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act
with respect to general medical sciences, $2,434,637,000:
Provided, That not less than $276,480,000 is provided for the
Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act
with respect to child health and human development,
$1,323,900,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act
with respect to eye diseases and visual disorders,
$704,043,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act
with respect to environmental health sciences, $686,869,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act
with respect to aging, $1,105,530,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act
with respect to arthritis and musculoskeletal and skin
diseases, $536,801,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act
with respect to deafness and other communication disorders,
$417,061,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act
with respect to nursing research, $145,043,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act
with respect to alcohol abuse and alcoholism, $460,389,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act
with respect to drug abuse, $1,055,362,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act
with respect to mental health, $1,483,068,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act
with respect to human genome research, $513,844,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act
with respect to biomedical imaging and bioengineering research,
$338,998,000.
national center for complementary and alternative medicine
For carrying out section 301 and title IV of the PHS Act
with respect to complementary and alternative medicine,
$128,299,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act
with respect to minority health and health disparities
research, $276,963,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title
IV of the PHS Act), $69,754,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act
with respect to health information communications,
$338,278,000, of which $4,000,000 shall be available until
September 30, 2013, for improvement of information systems:
Provided, That in fiscal year 2012, the National Library of
Medicine may enter into personal services contracts for the
provision of services in facilities owned, operated, or
constructed under the jurisdiction of the National Institutes
of Health (referred to in this title as ``NIH''): Provided
further, That in addition to amounts provided herein,
$8,200,000 shall be available from amounts available under
section 241 of the PHS Act to carry out the purposes of the
National Information Center on Health Services Research and
Health Care Technology established under section 478A of the
PHS Act and related health services.
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act
with respect to translational sciences, $576,456,000:
Provided, That up to $10,000,000 shall be available to
implement section 402C of the PHS Act, relating to the Cures
Acceleration Network: Provided further, That funds
appropriated may be used to support the reorganization and
activities required to eliminate the National Center for
Research Resources: Provided further, That the Director of the
NIH shall ensure that, of all funds made available to
Institute, Center, and Office of the Director accounts within
``Department of Health and Human Services, National Institutes
of Health'', at least $487,767,000 is provided to the Clinical
and Translational Sciences Awards program.
office of the director
For carrying out the responsibilities of the Office of the
Director, NIH, $1,461,880,000, of which up to $25,000,000 shall
be used to carry out section 213 of this Act: Provided, That
funding shall be available for the purchase of not to exceed 29
passenger motor vehicles for replacement only: Provided
further, That NIH is authorized to collect third-party payments
for the cost of clinical services that are incurred in NIH
research facilities and that such payments shall be credited to
the NIH Management Fund: Provided further, That all funds
credited to the NIH Management Fund shall remain available for
one fiscal year after the fiscal year in which they are
deposited: Provided further, That $193,880,000 shall be
available for continuation of the National Children's Study:
Provided further, That $545,962,000 shall be available for the
Common Fund established under section 402A(c)(1) of the PHS
Act: Provided further, That of the funds provided $10,000
shall be for official reception and representation expenses
when specifically approved by the Director of the NIH:
Provided further, That the Office of AIDS Research within the
Office of the Director of the NIH may spend up to $8,000,000 to
make grants for construction or renovation of facilities as
provided for in section 2354(a)(5)(B) of the PHS Act.
buildings and facilities
For the study of, construction of, renovation of, and
acquisition of equipment for, facilities of or used by NIH,
including the acquisition of real property, $125,581,000, to
remain available until September 30, 2016.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, and the Protection and Advocacy for
Individuals with Mental Illness Act, $934,853,000: Provided,
That notwithstanding section 520A(f)(2) of the PHS Act, no
funds appropriated for carrying out section 520A shall be
available for carrying out section 1971 of the PHS Act:
Provided further, That in addition to amounts provided herein,
$21,039,000 shall be available under section 241 of the PHS Act
to carry out subpart I of part B of title XIX of the PHS Act to
fund section 1920(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1920(b) activities
shall not exceed 5 percent of the amounts appropriated for
subpart I of part B of title XIX: Provided further, That
section 520E(b)(2) of the PHS Act shall not apply to funds
appropriated under this Act for fiscal year 2012: Provided
further, That of the amount appropriated under this heading,
$45,800,000 shall be for the National Child Traumatic Stress
Initiative as described in section 582 of the PHS Act.
substance abuse treatment
For carrying out titles III, V, and XIX of the PHS Act with
respect to substance abuse treatment and section 1922(a) of the
PHS Act with respect to substance abuse prevention,
$2,123,993,000: Provided, That in addition to amounts provided
herein, the following amounts shall be available under section
241 of the PHS Act: (1) $79,200,000 to carry out subpart II of
part B of title XIX of the PHS Act to fund section 1935(b)
technical assistance, national data, data collection and
evaluation activities, and further that the total available
under this Act for section 1935(b) activities shall not exceed
5 percent of the amounts appropriated for subpart II of part B
of title XIX; and (2) $2,000,000 to evaluate substance abuse
treatment programs: Provided further, That no funds shall be
available for the National All Schedules Prescription Reporting
system.
substance abuse prevention
For carrying out titles III and V of the PHS Act with
respect to substance abuse prevention, $186,361,000.
health surveillance and program support
For program support and cross-cutting activities that
supplement activities funded under the headings ``Mental
Health'', ``Substance Abuse Treatment'', and ``Substance Abuse
Prevention'' in carrying out titles III, V and XIX of the PHS
Act and the Protection and Advocacy for Individuals with Mental
Illness Act in the Substance Abuse and Mental Health Services
Administration, $109,106,000: Provided, That in addition to
amounts provided herein, $27,428,000 shall be available under
section 241 of the PHS Act to supplement funds available to
carry out national surveys on drug abuse and mental health, to
collect and analyze program data, and to conduct public
awareness and technical assistance activities: Provided
further, That funds made available under this heading may be
used to supplement program support funding provided under the
headings ``Mental Health'', ``Substance Abuse Treatment'', and
``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A
of title XI of the Social Security Act, and section 1013 of the
Medicare Prescription Drug, Improvement, and Modernization Act
of 2003, $369,053,000 shall be available from amounts available
under section 241 of the PHS Act, notwithstanding subsection
947(c) of such Act: Provided, That in addition, amounts
received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited
to this appropriation and shall remain available until
September 30, 2013.
Centers for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $184,279,110,000, to remain
available until expended.
For making, after May 31, 2012, payments to States under
title XIX or in the case of section 1928 on behalf of States
under title XIX of the Social Security Act for the last quarter
of fiscal year 2012 for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making payments to States or in the case of section
1928 on behalf of States under title XIX of the Social Security
Act for the first quarter of fiscal year 2013, $90,614,082,000,
to remain available until expended.
Payment under such title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect during
such quarter, if submitted in or prior to such quarter and
approved in that or any subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund, as
provided under sections 217(g), 1844, and 1860D-16 of the
Social Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d)(3) of Public Law
97-248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $230,741,378,000.
In addition, for making matching payments under section
1844 and benefit payments under section 1860D-16 of the Social
Security Act that were not anticipated in budget estimates,
such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII and
XXVII of the PHS Act, the Clinical Laboratory Improvement
Amendments of 1988, and other responsibilities of the Centers
for Medicare and Medicaid Services, not to exceed
$3,879,476,000, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in
accordance with section 353 of the PHS Act and section
1857(e)(2) of the Social Security Act, funds retained by the
Secretary pursuant to section 302 of the Tax Relief and Health
Care Act of 2006; and such sums as may be collected from
authorized user fees and the sale of data, which shall be
credited to this account and remain available until September
30, 2017: Provided, That all funds derived in accordance with
31 U.S.C. 9701 from organizations established under title XIII
of the PHS Act shall be credited to and available for carrying
out the purposes of this appropriation: Provided further, That
$34,000,000, to remain available through September 30, 2013,
shall be for contract costs for the Healthcare Integrated
General Ledger Accounting System: Provided further, That the
Secretary is directed to collect fees in fiscal year 2012 from
Medicare Advantage organizations pursuant to section 1857(e)(2)
of the Social Security Act and from eligible organizations with
risk-sharing contracts under section 1876 of that Act pursuant
to section 1876(k)(4)(D) of that Act: Provided further, That
$44,000,000 shall be available for the State high-risk health
insurance pool program as authorized by the State High Risk
Pool Funding Extension Act of 2006.
health care fraud and abuse control account
In addition to amounts otherwise available for program
integrity and program management, $310,377,000, to remain
available through September 30, 2013, to be transferred from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act, of which
$219,879,000 shall be for the Medicare Integrity Program at the
Centers for Medicare and Medicaid Services, including
administrative costs, to conduct oversight activities for
Medicare Advantage under Part C and the Medicare Prescription
Drug Program under Part D of the Social Security Act and for
activities described in section 1893(b) of such Act, of which
$29,730,000 shall be for the Department of Health and Human
Services Office of Inspector General to carry out fraud and
abuse activities authorized by section 1817(k)(3) of such Act,
of which $31,038,000 shall be for the Medicaid and Children's
Health Insurance Program (``CHIP'') program integrity
activities, and of which $29,730,000 shall be for the
Department of Justice to carry out fraud and abuse activities
authorized by section 1817(k)(3) of such Act: Provided, That
the report required by section 1817(k)(5) of the Social
Security Act for fiscal year 2012 shall include measures of the
operational efficiency and impact on fraud, waste, and abuse in
the Medicare, Medicaid, and CHIP programs for the funds
provided by this appropriation.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For making payments to States or other non-Federal entities
under titles I, IV-D, X, XI, XIV, and XVI of the Social
Security Act and the Act of July 5, 1960, $2,305,035,000, to
remain available until expended; and for such purposes for the
first quarter of fiscal year 2013, $1,100,000,000, to remain
available until expended.
For making payments to each State for carrying out the
program of Aid to Families with Dependent Children under title
IV-A of the Social Security Act before the effective date of
the program of Temporary Assistance for Needy Families with
respect to such State, such sums as may be necessary:
Provided, That the sum of the amounts available to a State with
respect to expenditures under such title IV-A in fiscal year
1997 under this appropriation and under such title IV-A as
amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not exceed the limitations
under section 116(b) of such Act.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under titles
I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960, for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of
section 2602 of the Low Income Home Energy Assistance Act of
1981, $3,478,246,000: Provided, That all but $497,000,000 of
such funds shall be allocated as though the total appropriation
for such payments for fiscal year 2012 was less than
$1,975,000,000: Provided further, That notwithstanding section
2609A(a), of the amounts appropriated under section 2602(b),
not more than $3,000,000 of such amounts may be reserved by the
Secretary for technical assistance, training, and monitoring of
program activities for compliance with internal controls,
policies and procedures.
refugee and entrant assistance
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980, for carrying out section 462 of the
Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008, and the Trafficking Victims Protection Act of 2000,
for costs associated with the care and placement of
unaccompanied alien children, and for carrying out the Torture
Victims Relief Act of 1998, $769,789,000, of which up to
$9,794,000 shall be available to carry out the Trafficking
Victims Protection Act of 2000: Provided, That funds
appropriated under this heading pursuant to section 414(a) of
the Immigration and Nationality Act, section 462 of the
Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008, and the Trafficking Victims Protection Act of 2000 for
fiscal year 2012 shall be available for the costs of assistance
provided and other activities to remain available through
September 30, 2014.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant
Act of 1990, $2,282,627,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance
for low-income families: Provided, That $19,433,000 shall be
available for child care resource and referral and school-aged
child care activities, of which $1,000,000 shall be available
to the Secretary for a competitive grant for the operation of a
national toll free hotline and Web site to develop and
disseminate child care consumer education information for
parents and help parents access child care in their local
community: Provided further, That, in addition to the amounts
required to be reserved by the States under section 658G,
$291,248,000 shall be reserved by the States for activities
authorized under section 658G, of which $106,813,000 shall be
for activities that improve the quality of infant and toddler
care: Provided further, That $9,890,000 shall be for use by
the Secretary for child care research, demonstration, and
evaluation activities.
social services block grant
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX of
such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Developmental Disabilities
Assistance and Bill of Rights Act, the Head Start Act, the
Child Abuse Prevention and Treatment Act, sections 303 and 313
of the Family Violence Prevention and Services Act, the Native
American Programs Act of 1974, title II of the Child Abuse
Prevention and Treatment and Adoption Reform Act of 1978
(adoption opportunities), the Abandoned Infants Assistance Act
of 1988, section 291 of the Help America Vote Act of 2002, part
B-1 of title IV and sections 413, 1110, and 1115 of the Social
Security Act; for making payments under the Community Services
Block Grant Act (``CSBG Act''), sections 439(i), 473B, and
477(i) of the Social Security Act, and the Assets for
Independence Act; and for necessary administrative expenses to
carry out such Acts and titles I, IV, V, X, XI, XIV, XVI, and
XX of the Social Security Act, the Act of July 5, 1960, the Low
Income Home Energy Assistance Act of 1981, title IV of the
Immigration and Nationality Act, and section 501 of the Refugee
Education Assistance Act of 1980, $9,926,709,000, of which
$39,421,000, to remain available through September 30, 2013,
shall be for grants to States for adoption incentive payments,
as authorized by section 473A of the Social Security Act and
may be made for adoptions completed before September 30, 2012:
Provided, That $7,983,633,000 shall be for making payments
under the Head Start Act: Provided further, That for purposes
of allocating funds described by the immediately preceding
proviso, the term ``base grant'' as used in subsection
(a)(7)(A) of section 640 of such Act with respect to funding
provided to a Head Start agency (including each Early Head
Start agency) for fiscal year 2011 shall be calculated as
described in such subsection and to which amount shall be added
50 percent of the amount of funds appropriated under the
heading ``Department of Health and Human Services,
Administration for Children and Families, Children and Family
Services Programs'' in Public Law 111-5 and provided to such
agency for carrying out expansion of Head Start programs, as
that phrase is used in subsection (a)(4)(D) of such section
640, and provided to such agency as the ongoing funding level
for operations in the 12-month period beginning in fiscal year
2010: Provided further, That $713,630,000 shall be for making
payments under the CSBG Act: Provided further, That
$35,340,000 shall be for sections 680 and 678E(b)(2) of the
CSBG Act, of which not less than $30,000,000 shall be for
section 680(a)(2) and not less than $4,990,000 shall be for
section 680(a)(3)(B) of such Act: Provided further, That in
addition to amounts provided herein, $5,762,000 shall be
available from amounts available under section 241 of the PHS
Act to carry out the provisions of section 1110 of the Social
Security Act: Provided further, That to the extent Community
Services Block Grant funds are distributed as grant funds by a
State to an eligible entity as provided under the CSBG Act, and
have not been expended by such entity, they shall remain with
such entity for carryover into the next fiscal year for
expenditure by such entity consistent with program purposes:
Provided further, That the Secretary shall establish procedures
regarding the disposition of intangible assets and program
income that permit such assets acquired with, and program
income derived from, grant funds authorized under section 680
of the CSBG Act to become the sole property of such grantees
after a period of not more than 12 years after the end of the
grant period for any activity consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That
intangible assets in the form of loans, equity investments and
other debt instruments, and program income may be used by
grantees for any eligible purpose consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That these
procedures shall apply to such grant funds made available after
November 29, 1999: Provided further, That funds appropriated
for section 680(a)(2) of the CSBG Act shall be available for
financing construction and rehabilitation and loans or
investments in private business enterprises owned by community
development corporations: Provided further, That $5,245,000
shall be for activities authorized by section 291 of the Help
America Vote Act of 2002: Provided further, That $1,996,000
shall be for a human services case management system for
federally declared disasters, to include a comprehensive
national case management contract and Federal costs of
administering the system: Provided further, That up to
$2,000,000 shall be for improving the Public Assistance
Reporting Information System, including grants to States to
support data collection for a study of the system's
effectiveness.
promoting safe and stable families
For carrying out section 436 of the Social Security Act,
$345,000,000 and section 437 of such Act, $63,184,000.
payments for foster care and permanency
For making payments to States or other non-Federal entities
under title IV-E of the Social Security Act, $5,153,000,000.
For making payments to States or other non-Federal entities
under title IV-E of the Social Security Act, for the first
quarter of fiscal year 2013, $2,100,000,000.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under section
474 of title IV-E of the Social Security Act, for the last 3
months of the current fiscal year for unanticipated costs,
incurred for the current fiscal year, such sums as may be
necessary.
Administration on Aging
aging services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (``OAA''), section 398 and title
XXIX of the PHS Act, section 119 of the Medicare Improvements
for Patients and Providers Act of 2008, $1,473,703,000:
Provided, That amounts appropriated under this heading may be
used for grants to States under section 361 of the OAA only for
disease prevention and health promotion programs and activities
which have been demonstrated through rigorous evaluation to be
evidence-based and effective: Provided further, That none of
the funds provided shall be used to carry out sections 1701 and
1703 of the PHS Act (with respect to chronic disease self-
management activity grants), except that such funds may be used
for necessary expenses associated with administering any such
grants awarded prior to the date of the enactment of this Act:
Provided further, That the total amount available for fiscal
year 2012 under this and any other Act to carry out activities
related to Aging and Disability Resource Centers under
subsections (a)(20)(B)(iii) and (b)(8) of section 202 of the
OAA shall not exceed the amount obligated for such purposes for
fiscal year 2010 from funds available under Public Law 111-117:
Provided further, That notwithstanding any other provision of
this Act, funds made available under this heading to carry out
section 311 of the OAA may be transferred to the Secretary of
Agriculture in accordance with such section.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, and XXI of the
PHS Act, the United States-Mexico Border Health Commission Act,
and research studies under section 1110 of the Social Security
Act, $475,221,000, together with $69,211,000 from the amounts
available under section 241 of the PHS Act to carry out
national health or human services research and evaluation
activities: Provided, That of this amount, $53,783,000 shall
be for minority AIDS prevention and treatment activities:
Provided further, That of the funds made available under this
heading, $104,790,000 shall be for making competitive contracts
and grants to public and private entities to fund medically
accurate and age appropriate programs that reduce teen
pregnancy and for the Federal costs associated with
administering and evaluating such contracts and grants, of
which not less than $75,000,000 shall be for replicating
programs that have been proven effective through rigorous
evaluation to reduce teenage pregnancy, behavioral risk factors
underlying teenage pregnancy, or other associated risk factors,
of which not less than $25,000,000 shall be available for
research and demonstration grants to develop, replicate,
refine, and test additional models and innovative strategies
for preventing teenage pregnancy, and of which any remaining
amounts shall be available for training and technical
assistance, evaluation, outreach, and additional program
support activities: Provided further, That of the amounts
provided under this heading from amounts available under
section 241 of the PHS Act, $8,455,000 shall be available to
carry out evaluations (including longitudinal evaluations) of
teenage pregnancy prevention approaches: Provided further,
That of the funds made available under this heading, $5,000,000
shall be for making competitive grants to provide abstinence
education (as defined by section 510(b)(2)(A)-(H) of the Social
Security Act) to adolescents, and for Federal costs of
administering the grant: Provided further, That grants made
under the authority of section 510(b)(2)(A)-(H) of the Social
Security Act shall be made only to public and private entities
that agree that, with respect to an adolescent to whom the
entities provide abstinence education under such grant, the
entities will not provide to that adolescent any other
education regarding sexual conduct, except that, in the case of
an entity expressly required by law to provide health
information or services the adolescent shall not be precluded
from seeking health information or services from the entity in
a different setting than the setting in which abstinence
education was provided: Provided further, That funds provided
in this Act for embryo adoption activities may be used to
provide to individuals adopting embryos, through grants and
other mechanisms, medical and administrative services deemed
necessary for such adoptions: Provided further, That such
services shall be provided consistent with 42 CFR 59.5(a)(4).
office of medicare hearings and appeals
For expenses necessary for administrative law judges
responsible for hearing cases under title XVIII of the Social
Security Act (and related provisions of title XI of such Act),
$72,147,000, to be transferred in appropriate part from the
Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts, and cooperative agreements for the
development and advancement of interoperable health information
technology, $16,446,000: Provided, That in addition to amounts
provided herein, $44,811,000 shall be available from amounts
available under section 241 of the PHS Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the Inspector
General Act of 1978, $50,178,000: Provided, That of such
amount, necessary sums shall be available for providing
protective services to the Secretary and investigating non-
payment of child support cases for which non-payment is a
Federal offense under 18 U.S.C. 228: Provided further, That at
least 40 percent of the funds provided in this Act for the
Office of Inspector General shall be used only for
investigations, audits, and evaluations pertaining to the
discretionary programs funded in this Act.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$41,016,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection Plan
and Survivor Benefit Plan, and for medical care of dependents
and retired personnel under the Dependents' Medical Care Act,
such amounts as may be required during the current fiscal year.
public health and social services emergency fund
(including transfer of funds)
For expenses necessary to support activities related to
countering potential biological, nuclear, radiological,
chemical, and cybersecurity threats to civilian populations,
and for other public health emergencies, $569,452,000; of which
$10,000,000 shall remain available until September 30, 2014 to
support emergency operations.
From funds transferred to this account pursuant to the
fourth paragraph under this heading in Public Law 111-117, up
to $415,000,000 shall be available for expenses necessary to
support advanced research and development pursuant to section
319L of the PHS Act, and other administrative expenses of the
Biomedical Advanced Research and Development Authority to
support additional advanced research and development.
General Provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception and
representation expenses when specifically approved by the
Secretary.
Sec. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency for
International Development, the United Nations International
Children's Emergency Fund or the World Health Organization.
Sec. 203. None of the funds appropriated in this title
shall be used to pay the salary of an individual, through a
grant or other extramural mechanism, at a rate in excess of
Executive Level II.
Sec. 204. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the PHS Act, except for
funds specifically provided for in this Act, or for other taps
and assessments made by any office located in HHS, prior to the
preparation and submission of a report by the Secretary to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the planned uses of such funds.
Sec. 205. Notwithstanding section 241(a) of the PHS Act,
such portion as the Secretary shall determine, but not more
than 2.5 percent, of any amounts appropriated for programs
authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) of the
implementation and effectiveness of such programs.
(transfer of funds)
Sec. 206. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for HHS in this Act may be transferred between
appropriations, but no such appropriation shall be increased by
more than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall not be used to
create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided further,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer.
(transfer of funds)
Sec. 207. The Director of the NIH, jointly with the
Director of the Office of AIDS Research, may transfer up to 3
percent among institutes and centers from the total amounts
identified by these two Directors as funding for research
pertaining to the human immunodeficiency virus: Provided, That
the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer.
(transfer of funds)
Sec. 208. Of the amounts made available in this Act for
NIH, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director
of NIH and the Director of the Office of AIDS Research, shall
be made available to the ``Office of AIDS Research'' account.
The Director of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section 2353(d)(3)
of the PHS Act.
Sec. 209. None of the funds appropriated in this Act may
be made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary
that it encourages family participation in the decision of
minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce minors
into engaging in sexual activities.
Sec. 210. Notwithstanding any other provision of law, no
provider of services under title X of the PHS Act shall be
exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse,
rape, or incest.
Sec. 211. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used to
carry out the Medicare Advantage program if the Secretary
denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) because
the entity informs the Secretary that it will not provide, pay
for, provide coverage of, or provide referrals for abortions:
Provided, That the Secretary shall make appropriate prospective
adjustments to the capitation payment to such an entity (based
on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided
further, That nothing in this section shall be construed to
change the Medicare program's coverage for such services and a
Medicare Advantage organization described in this section shall
be responsible for informing enrollees where to obtain
information about all Medicare covered services.
Sec. 212. In order for HHS to carry out international
health activities, including HIV/AIDS and other infectious
disease, chronic and environmental disease, and other health
activities abroad during fiscal year 2012:
(1) The Secretary may exercise authority equivalent
to that available to the Secretary of State in section
2(c) of the State Department Basic Authorities Act of
1956. The Secretary shall consult with the Secretary of
State and relevant Chief of Mission to ensure that the
authority provided in this section is exercised in a
manner consistent with section 207 of the Foreign
Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary is authorized to provide such
funds by advance or reimbursement to the Secretary of
State as may be necessary to pay the costs of
acquisition, lease, alteration, renovation, and
management of facilities outside of the United States
for the use of HHS. The Department of State shall
cooperate fully with the Secretary to ensure that HHS
has secure, safe, functional facilities that comply
with applicable regulation governing location, setback,
and other facilities requirements and serve the
purposes established by this Act. The Secretary is
authorized, in consultation with the Secretary of
State, through grant or cooperative agreement, to make
available to public or nonprofit private institutions
or agencies in participating foreign countries, funds
to acquire, lease, alter, or renovate facilities in
those countries as necessary to conduct programs of
assistance for international health activities,
including activities relating to HIV/AIDS and other
infectious diseases, chronic and environmental
diseases, and other health activities abroad.
(3) The Secretary is authorized to provide to
personnel appointed or assigned by the Secretary to
serve abroad, allowances and benefits similar to those
provided under chapter 9 of title I of the Foreign
Service Act of 1980, and 22 U.S.C. 4081 through 4086
and subject to such regulations prescribed by the
Secretary. The Secretary is further authorized to
provide locality-based comparability payments (stated
as a percentage) up to the amount of the locality-based
comparability payment (stated as a percentage) that
would be payable to such personnel under section 5304
of title 5, United States Code if such personnel's
official duty station were in the District of Columbia.
Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under
subchapter I of chapter 63 of title 5, United States
Code, or section 903 of the Foreign Service Act of
1980, to individuals serving in the Foreign Service.
Sec. 213. (a) Authority.--Notwithstanding any other
provision of law, the Director of NIH (``Director'') may use
funds available under section 402(b)(7) or 402(b)(12) of the
PHS Act to enter into transactions (other than contracts,
cooperative agreements, or grants) to carry out research
identified pursuant to such section 402(b)(7) (pertaining to
the Common Fund) or research and activities described in such
section 402(b)(12).
(b) Peer Review.--In entering into transactions under
subsection (a), the Director may utilize such peer review
procedures (including consultation with appropriate scientific
experts) as the Director determines to be appropriate to obtain
assessments of scientific and technical merit. Such procedures
shall apply to such transactions in lieu of the peer review and
advisory council review procedures that would otherwise be
required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2),
406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 214. Funds which are available for Individual
Learning Accounts for employees of CDC and the Agency for Toxic
Substances and Disease Registry (``ATSDR'') may be transferred
to appropriate accounts of CDC, to be available only for
Individual Learning Accounts: Provided, That such funds may be
used for any individual full-time equivalent employee while
such employee is employed either by CDC or ATSDR.
Sec. 215. Notwithstanding any other provisions of law,
discretionary funds made available in this Act may be used to
continue operating the Council on Graduate Medical Education
established by section 301 of Public Law 102-408.
Sec. 216. Not to exceed $45,000,000 of funds appropriated
by this Act to the institutes and centers of the National
Institutes of Health may be used for alteration, repair, or
improvement of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, at not
to exceed $3,500,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service
Awards (``NRSA'') shall be made available to the Administrator
of the Health Resources and Services Administration to make
NRSA awards for research in primary medical care to individuals
affiliated with entities who have received grants or contracts
under section 747 of the PHS Act, and 1 percent of the amount
made available for NRSA shall be made available to the Director
of the Agency for Healthcare Research and Quality to make NRSA
awards for health service research.
Sec. 218. None of the funds made available in this title
may be used, in whole or in part, to advocate or promote gun
control.
Sec. 219. None of the funds appropriated or otherwise made
available in this Act may be expended to advance the creation
of a Federally Funded Research and Development Center at the
Centers for Medicare and Medicaid Services, prior to a Federal
Register notice being issued that outlines: how this proposal
would meet the specific requirements identified in FAR 35.017-
2; agency procedures that ensure small business competitiveness
is maintained; and the outline of a transparent award and
governance process to be employed.
Sec. 220. (a) The Secretary shall establish a publicly
accessible website to provide information regarding the uses of
funds made available under section 4002 of Public Law 111-148.
(b) With respect to funds provided for fiscal year 2012,
the Secretary shall include on the website established under
subsection (a) at a minimum the following information:
(1) In the case of each transfer of funds under
section 4002(c), a statement indicating the program or
activity receiving funds, the operating division or
office that will administer the funds, and the planned
uses of the funds, to be posted not later than the day
after the transfer is made.
(2) Identification (along with a link to the full
text) of each funding opportunity announcement, request
for proposals, or other announcement or solicitation of
proposals for grants, cooperative agreements, or
contracts intended to be awarded using such funds, to
be posted not later than the day after the announcement
or solicitation is issued.
(3) Identification of each grant, cooperative
agreement, or contract with a value of $25,000 or more
awarded using such funds, including the purpose of the
award and the identity of the recipient, to be posted
not later than 5 days after the award is made.
(4) A report detailing the uses of all funds
transferred under section 4002(c) during the fiscal
year, to be posted not later than 90 days after the end
of the fiscal year.
(5) Semi-annual reports from each entity awarded a
grant, cooperative agreement, or contract from such
funds with a value of $25,000 or more, summarizing the
activities undertaken and identifying any sub-grants or
sub-contracts awarded (including the purpose of the
award and the identity of the recipient), to be posted
not later than 30 days after the end of each 6-month
period.
Sec. 221. (a) Establishment of National Center for
Advancing Translational Sciences; Elimination of National
Center for Research Resources.--
(1) In general.--Subpart 1 of part E of title IV of
the Public Health Service Act (42 U.S.C. 287 et seq.)
is amended--
(A) in the subpart heading, by striking
``National Center for Research Resources'' and
inserting ``National Center for Advancing
Translational Sciences'';
(B) by striking sections 480 and 481; and
(C) by amending section 479 to read as
follows:
``SEC. 479. NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES.
``(a) Purpose.--The purpose of the National Center for
Advancing Translational Sciences (in this subpart referred to
as the `Center') is to advance translational sciences,
including by--
``(1) coordinating and developing resources that
leverage basic research in support of translational
science; and
``(2) developing partnerships and working
cooperatively to foster synergy in ways that do not
create duplication, redundancy, and competition with
industry activities.
``(b) Clinical Trial Activities.--
``(1) In general.--The Center may develop and
provide infrastructure and resources for all phases of
clinical trials research. Except as provided in
paragraph (2), the Center may support clinical trials
only through the end of phase IIA.
``(2) Exception.--The Center may support clinical
trial activities through the end of phase IIB for a
treatment for a rare disease or condition (as defined
in section 526 of the Federal Food, Drug, and Cosmetic
Act) so long as--
``(A) the Center gives public notice for a
period of at least 120 days of the Center's
intention to support the clinical trial
activities in phase IIB;
``(B) no public or private organization
provides credible written intent to the Center
that the organization has timely plans to
further the clinical trial activities or
conduct clinical trials of a similar nature
beyond phase IIA; and
``(C) the Center ensures that support of
the clinical trial activities in phase IIB will
not increase the Federal Government's liability
beyond the award value of the Center's support.
``(c) Annual Report.--The Center shall publish an annual
report that, with respect to all research supported by the
Center, includes a complete list of--
``(1) the molecules being studied;
``(2) clinical trial activities being conducted;
``(3) the methods and tools in development;
``(4) ongoing partnerships, including--
``(A) the rationale for each partnership;
``(B) the status of each partnership;
``(C) the funding provided by the Center to
other entities pursuant to each partnership,
and
``(D) the activities which have been
transferred to industry pursuant to each
partnership; and
``(5) known research activity of other entities
that is or will expand upon research activity of the
Center.''.
(2) List of institutes and centers.--Section
401(b)(21) of the Public Health Service Act (42 U.S.C.
281(b)(21)) is amended by striking ``National Center
for Research Resources'' and inserting ``National
Center for Advancing Translational Sciences''.
(b) Assignment of Certain Functions of Former National
Center for Research Resources.--
(1) Biomedical and behavioral research
facilities.--Section 481A of the Public Health Service
Act (42 U.S.C. 287a-2)--
(A) is redesignated as section 404I and is
moved to follow section 404H of such Act (42
U.S.C. 283j); and
(B) is amended--
(i) in subsection (a)(1), by
striking ``acting through the Director
of the Center or the Director of the
National Institute of Allergy and
Infectious Diseases'' and inserting
``acting through the Office of the
Director of NIH or the Director of the
National Institute of Allergy and
Infectious Diseases'';
(ii) in subsections (c), (d), (e),
and (f)(2), by striking ``Director of
the Center or the Director of the
National Institute of Allergy and
Infectious Diseases'' each place it
appears and inserting ``Director of
NIH, acting through the Office of the
Director of NIH or the National
Institute of Allergy and Infectious
Diseases,'';
(iii) in subsection (b)(2), by
striking ``Director of the Center''
each place it appears and inserting
``Director of NIH'';
(iv) in subsections (b)(3)(A),
(f)(1), and (g), by striking the comma
at the end of ``Director of the
Center,'' each place it appears;
(v) by striking ``Director of the
Center'' each place it appears and
inserting ``Director of NIH, acting
through the Office of the Director of
NIH,'';
(vi) in subsection (b)--
(I) in paragraph (1)(A), by
striking ``within the Center'';
and
(II) in paragraph (2)--
(aa) in
subparagraph (A), by
striking ``and the
advisory council
established under
section 480 (in this
section referred to as
the `Advisory
Council')'' and
inserting ``and the
Council of Councils
established under
section 402(l) (in this
section referred to as
the `Council')''; and
(bb) in
subparagraphs (B), (C),
and (D), by striking
``Advisory'' each place
it appears; and
(vii) in subsection (g), by
striking ``after consultation with the
Advisory Council'' and inserting
``after consultation with the
Council''.
(2) Construction of regional centers for research
on primates.--Section 481B of the Public Health Service
Act (42 U.S.C. 287a-3)--
(A) is redesignated as section 404J and is
moved to follow section 404I, as redesignated
by paragraph (1); and
(B) in subsection (a), is amended--
(i) by striking ``by the National
Center for Research Resources'' and
inserting ``by the Director of NIH,
acting through the Office of the
Director of NIH,''; and
(ii) by striking ``481A'' and
inserting ``404I''.
(3) Sanctuary system for surplus chimpanzees.--
Section 481C of the Public Health Service Act (42
U.S.C. 287a-3a)--
(A) is redesignated as section 404K and is
moved to follow section 404J, as redesignated
by paragraph (2); and
(B) in subsection (d)(4)(A)(ii), is amended
by striking ``that is carried out by the
National Center for Research Resources'' and
inserting ``that is carried out by the Director
of NIH, acting through the Office of the
Director of NIH,''.
(4) Shared instrumentation grant program.--Section
305 of the Public Health Improvement Act (42 U.S.C. 287
note)--
(A) is redesignated as section 404L of the
Public Health Service Act and is moved to
follow section 404K of that Act, as
redesignated by paragraph (3); and
(B) is amended--
(i) by striking subsection (a) and
redesignating subsections (b) and (c)
as subsections (a) and (b),
respectively;
(ii) in subsection (a), as so
redesignated, by striking ``under the
program described in subsection (a)''
and inserting ``under the Shared
Instrumentation Grant Program'';
(iii) by striking ``Director of the
National Center for Research
Resources'' each place it appears and
inserting ``Director of NIH, acting
through the Office of the Director of
NIH,''; and
(iv) in subsection (b), as so
redesignated--
(I) by striking ``in
subsection (a)'' and inserting
``in subsection (a), the''; and
(II) by striking ``of the
Public Health Service Act (42
U.S.C. 289a)''.
(5) Institutional development award program.--Title
IV of the Public Health Service Act (42 U.S.C. 281 et
seq.) is amended--
(A) in section 461, by striking the section
heading and designation and all that follows
through ``The general purpose'' and inserting
the following:
``SEC. 461. NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES.
``(a) General Purpose.--The general purpose'';
(B) by moving subsection (g) of section 402
to the end of section 461, as amended, and
redesignating that subsection as subsection
(b); and
(C) in section 461(b), as so redesignated--
(i) by striking ``(b)(1)(A) In the
case of'' and inserting the following:
``(b) Institutional Development Award Program.--
``(1)(A) In the case of'';
(ii) by moving two ems to the
right--
(I) subparagraphs (B) and
(C) of paragraph (1);
(II) clauses (i), (ii), and
(iii) of such subparagraph (C);
and
(III) paragraph (2); and
(iii) in paragraph (1)(A), by
striking ``acting through the Director
of the National Center for Research
Resources'' and inserting ``acting
through the Director of the National
Institute of General Medical
Sciences''.
(c) Assignment of Certain Offices and Functions to National
Center for Advancing Translational Sciences.--
(1) Cures acceleration network.--Section 402C of
the Public Health Service Act (42 U.S.C. 282d)--
(A) is redesignated as section 480 and is
moved to follow section 479;
(B) in subsection (b), is amended in the
matter that precedes paragraph (1) by striking
``within the Office of the Director of NIH''
and inserting ``within the Center'';
(C) by striking ``Director of NIH'' each
place it appears and inserting ``Director of
the Center''; and
(D) in the headings of subsections (d)(4)
and (d)(4)(B), by striking ``Director of nih''
each place it appears and inserting ``Director
of the center''.
(2) Office of rare diseases.--Title IV of the
Public Health Service Act (42 U.S.C. 281 et seq.) is
amended--
(A) in section 404F--
(i) by redesignating such section
as section 481 and moving such section
to follow section 480, as redesignated
by paragraph (1);
(ii) in subsection (a)--
(I) by striking ``within
the Office of the Director of
NIH'' and inserting ``within
the Center''; and
(II) by striking ``Director
of NIH'' and inserting
``Director of the Center''; and
(iii) in subsection (b)(1)(C), by
striking ``404G'' and inserting
``481A''; and
(B) in section 401(c)(2)(A), by striking
``the Office of Rare Diseases,''.
(3) Rare disease regional centers of excellence.--
Section 404G of the Public Health Service Act (42
U.S.C. 283i) is redesignated as section 481A and is
moved to follow section 481, as redesignated by
paragraph (2).
(4) General clinical research centers.--Section
481D of the Public Health Service Act (42 U.S.C. 287a-
4)--
(A) is redesignated as section 481B; and
(B) in subsection (a), is amended by
striking ``Director of the National Center for
Research Resources'' and inserting ``Director
of the Center''.
(d) Conforming Amendments.--Title IV of the Public Health
Service Act (42 U.S.C. 281 et seq.) is amended--
(1) in section 402(b)(24) (42 U.S.C. 282(b)(24)),
by striking ``402C'' and inserting ``480'';
(2) in section 404C(e)(3)(A) (42 U.S.C.
283e(e)(3)(A)), by striking ``and the Director of the
Center for Research Resources'';
(3) in section 464z-3(i)(1) (42 U.S.C.
285t(i)(1))--
(A) by striking ``Director of National
Institute for Research Resources'' and
inserting ``Director of NIH'';
(B) by striking ``481(c)(3)'' and inserting
``404I(c)(2)''; and
(C) by inserting ``under such section''
after ``Institutions of Emerging Excellence'';
(4) in section 499(c)(1)(E) (42 U.S.C.
290b(c)(1)(E)), by striking ``section 402C'' and
inserting ``section 480''.
Sec. 222. The discretionary appropriation for CDC is
hereby reduced by $20,000,000: Provided, That the reduction
should be taken from contracting and administrative costs in
each of the CDC accounts.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2012''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary
Education Act of 1965 (referred to in this Act as ``ESEA'') and
section 418A of the Higher Education Act of 1965 (referred to
in this Act as ``HEA''), $15,750,983,000, of which
$4,817,117,000 shall become available on July 1, 2012, and
shall remain available through September 30, 2013, and of which
$10,841,177,000 shall become available on October 1, 2012, and
shall remain available through September 30, 2013, for academic
year 2012-2013: Provided, That $6,584,750,000 shall be for
basic grants under section 1124 of the ESEA: Provided further,
That up to $3,992,000 of these funds shall be available to the
Secretary of Education (referred to in this title as
``Secretary'') on October 1, 2011, to obtain annually updated
local educational agency-level census poverty data from the
Bureau of the Census: Provided further, That $1,362,301,000
shall be for concentration grants under section 1124A of the
ESEA: Provided further, That $3,288,183,000 shall be for
targeted grants under section 1125 of the ESEA: Provided
further, That $3,288,183,000 shall be for education finance
incentive grants under section 1125A of the ESEA: Provided
further, That $3,200,000 shall be to carry out sections 1501
and 1503 of the ESEA: Provided further, That $534,562,000
shall be available for school improvement grants under section
1003(g) of the ESEA, which shall be allocated by the Secretary
through the formula described in section 1003(g)(2) and shall
be used consistent with the requirements of section 1003(g),
except that State and local educational agencies may use such
funds to serve any school eligible to receive assistance under
part A of title I that has not made adequate yearly progress
for at least 2 years or is in the State's lowest quintile of
performance based on proficiency rates and, in the case of
secondary schools, priority shall be given to those schools
with graduation rates below 60 percent: Provided further, That
notwithstanding section 1003(g)(5)(A), each State educational
agency may establish a maximum subgrant size of not more than
$2,000,000 for each participating school applicable to such
funds: Provided further, That the Secretary may reserve up to
5 percent of the funds available for section 1003(g) of the
ESEA to carry out activities to build State and local
educational agency capacity to implement effectively the school
improvement grants program: Provided further, That
$160,000,000 shall be available under section 1502 of the ESEA
for a comprehensive literacy development and education program
to advance literacy skills, including pre-literacy skills,
reading, and writing, for students from birth through grade 12,
including limited-English-proficient students and students with
disabilities, of which one-half of 1 percent shall be reserved
for the Secretary of the Interior for such a program at schools
funded by the Bureau of Indian Education, one-half of 1 percent
shall be reserved for grants to the outlying areas for such a
program, up to 5 percent may be reserved for national
activities, and the remainder shall be used to award
competitive grants to State educational agencies for such a
program, of which a State educational agency may reserve up to
5 percent for State leadership activities, including technical
assistance and training, data collection, reporting, and
administration, and shall subgrant not less than 95 percent to
local educational agencies or, in the case of early literacy,
to local educational agencies or other nonprofit providers of
early childhood education that partner with a public or private
nonprofit organization or agency with a demonstrated record of
effectiveness in improving the early literacy development of
children from birth through kindergarten entry and in providing
professional development in early literacy, giving priority to
such agencies or other entities serving greater numbers or
percentages of disadvantaged children: Provided further, That
the State educational agency shall ensure that at least 15
percent of the subgranted funds are used to serve children from
birth through age 5, 40 percent are used to serve students in
kindergarten through grade 5, and 40 percent are used to serve
students in middle and high school including an equitable
distribution of funds between middle and high schools:
Provided further, That eligible entities receiving subgrants
from State educational agencies shall use such funds for
services and activities that have the characteristics of
effective literacy instruction through professional
development, screening and assessment, targeted interventions
for students reading below grade level and other research-based
methods of improving classroom instruction and practice.
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
ESEA, $1,293,631,000, of which $1,155,724,000 shall be for
basic support payments under section 8003(b), $48,505,000 shall
be for payments for children with disabilities under section
8003(d), $17,474,000 shall be for construction under section
8007(b) and shall remain available through September 30, 2013,
$67,074,000 shall be for Federal property payments under
section 8002, and $4,854,000, to remain available until
expended, shall be for facilities maintenance under section
8008: Provided, That for purposes of computing the amount of a
payment for an eligible local educational agency under section
8003(a) for school year 2011-2012, children enrolled in a
school of such agency that would otherwise be eligible for
payment under section 8003(a)(1)(B) of such Act, but due to the
deployment of both parents or legal guardians, or a parent or
legal guardian having sole custody of such children, or due to
the death of a military parent or legal guardian while on
active duty (so long as such children reside on Federal
property as described in section 8003(a)(1)(B)), are no longer
eligible under such section, shall be considered as eligible
students under such section, provided such students remain in
average daily attendance at a school in the same local
educational agency they attended prior to their change in
eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized
by parts A and B of title II, part B of title IV, parts A and B
of title VI, and parts B and C of title VII of the ESEA; the
McKinney-Vento Homeless Assistance Act; section 203 of the
Educational Technical Assistance Act of 2002; the Compact of
Free Association Amendments Act of 2003; and the Civil Rights
Act of 1964, $4,550,018,000, of which $2,725,246,000 shall
become available on July 1, 2012, and remain available through
September 30, 2013, and of which $1,681,441,000 shall become
available on October 1, 2012, and shall remain available
through September 30, 2013, for academic year 2012-2013:
Provided, That funds made available to carry out part B of
title VII of the ESEA may be used for construction, renovation,
and modernization of any elementary school, secondary school,
or structure related to an elementary school or secondary
school, run by the Department of Education of the State of
Hawaii, that serves a predominantly Native Hawaiian student
body: Provided further, That funds made available to carry out
part C of title VII of the ESEA shall be awarded on a
competitive basis, and also may be used for construction:
Provided further, That $51,210,000 shall be available to carry
out section 203 of the Educational Technical Assistance Act of
2002: Provided further, That $17,652,000 shall be available to
carry out the Supplemental Education Grants program for the
Federated States of Micronesia and the Republic of the Marshall
Islands: Provided further, That up to 5 percent of these
amounts may be reserved by the Federated States of Micronesia
and the Republic of the Marshall Islands to administer the
Supplemental Education Grants programs and to obtain technical
assistance, oversight and consultancy services in the
administration of these grants and to reimburse the United
States Departments of Labor, Health and Human Services, and
Education for such services: Provided further, That up to 1.5
percent of the funds for subpart 1 of part A of title II of the
ESEA shall be reserved by the Secretary for competitive awards
for teacher or principal training or professional enhancement
activities to national not-for-profit organizations.
Indian Education
For expenses necessary to carry out, to the extent not
otherwise provided, title VII, part A of the ESEA,
$131,027,000.
Innovation and Improvement
For carrying out activities authorized by part G of title
I, subpart 5 of part A and parts C and D of title II, parts B,
C, and D of title V of the ESEA, and sections 14006 and 14007
of division A of the American Recovery and Reinvestment Act of
2009, as amended, $1,530,429,000: Provided, That the Secretary
may use up to $550,000,000, which shall remain available for
obligation through December 31, 2012, for section 14006 of
division A of Public Law 111-5, as amended, to make awards
(including on the basis of previously submitted applications)
to States or to local educational agencies, or both, in
accordance with the applicable requirements of that section, as
determined by the Secretary, and may use up to 5 percent of
such funds for technical assistance and evaluation of the
activities carried out under that section: Provided further,
That up to $149,700,000 shall be available for obligation
through December 31, 2012 for section 14007 of division A of
Public Law 111-5, and up to 5 percent of such funds may be used
for technical assistance and the evaluation of activities
carried out under such section: Provided further, That
$300,000,000 of the funds for subpart 1 of part D of title V of
the ESEA shall be for competitive grants to local educational
agencies, including charter schools that are local educational
agencies, or States, or partnerships of: (1) a local
educational agency, a State, or both; and (2) at least one
nonprofit organization to develop and implement performance-
based compensation systems for teachers, principals, and other
personnel in high-need schools: Provided further, That such
performance-based compensation systems must consider gains in
student academic achievement as well as classroom evaluations
conducted multiple times during each school year among other
factors and provide educators with incentives to take on
additional responsibilities and leadership roles: Provided
further, That recipients of such grants shall demonstrate that
such performance-based compensation systems are developed with
the input of teachers and school leaders in the schools and
local educational agencies to be served by the grant: Provided
further, That recipients of such grants may use such funds to
develop or improve systems and tools (which may be developed
and used for the entire local educational agency or only for
schools served under the grant) that would enhance the quality
and success of the compensation system, such as high-quality
teacher evaluations and tools to measure growth in student
achievement: Provided further, That applications for such
grants shall include a plan to sustain financially the
activities conducted and systems developed under the grant once
the grant period has expired: Provided further, That up to 5
percent of such funds for competitive grants shall be available
for technical assistance, training, peer review of
applications, program outreach, and evaluation activities:
Provided further, That of the funds available for part B of
title V of the ESEA, the Secretary shall use not less than
$23,000,000 to carry out activities under section 5205(b) and
under subpart 2: Provided further, That of the funds available
for subpart 1 of part B of title V of the ESEA, and
notwithstanding section 5205(a), the Secretary may reserve up
to $55,000,000 to make multiple awards to non-profit charter
management organizations and other entities that are not for-
profit entities for the replication and expansion of successful
charter school models and shall reserve up to $11,000,000 to
carry out the activities described in section 5205(a),
including improving quality and oversight of charter schools
and providing technical assistance and grants to authorized
public chartering agencies in order to increase the number of
high-performing charter schools: Provided further, That each
application submitted pursuant to section 5203(a) shall
describe a plan to monitor and hold accountable authorized
public chartering agencies through such activities as providing
technical assistance or establishing a professional development
program, which may include evaluation, planning, training, and
systems development for staff of authorized public chartering
agencies to improve the capacity of such agencies in the State
to authorize, monitor, and hold accountable charter schools:
Provided further, That each application submitted pursuant to
section 5203(a) shall contain assurances that State law,
regulations, or other policies require that: (1) each
authorized charter school in the State operate under a legally
binding charter or performance contract between itself and the
school's authorized public chartering agency that describes the
obligations and responsibilities of the school and the public
chartering agency; conduct annual, timely, and independent
audits of the school's financial statements that are filed with
the school's authorized public chartering agency; and
demonstrate improved student academic achievement; and (2)
authorized public chartering agencies use increases in student
academic achievement for all groups of students described in
section 1111(b)(2)(C)(v) of the ESEA as the most important
factor when determining to renew or revoke a school's charter.
Safe Schools and Citizenship Education
For carrying out activities authorized by part A of title
IV and subparts 1, 2, and 10 of part D of title V of the ESEA,
$256,237,000: Provided, That $65,000,000 shall be available
for subpart 2 of part A of title IV: Provided further, That
$60,000,000 shall be available for Promise Neighborhoods and
shall be available through December 31, 2012.
English Language Acquisition
For carrying out part A of title III of the ESEA,
$733,530,000, which shall become available on July 1, 2012, and
shall remain available through September 30, 2013, except that
6.5 percent of such amount shall be available on October 1,
2011, and shall remain available through September 30, 2013, to
carry out activities under section 3111(c)(1)(C): Provided,
That the Secretary shall use estimates of the American
Community Survey child counts for the most recent 3-year period
available to calculate allocations under such part.
Special Education
For carrying out the Individuals with Disabilities
Education Act (``IDEA'') and the Special Olympics Sport and
Empowerment Act of 2004, $12,647,066,000, of which
$3,115,716,000 shall become available on July 1, 2012, and
shall remain available through September 30, 2013, and of which
$9,283,383,000 shall become available on October 1, 2012, and
shall remain available through September 30, 2013, for academic
year 2012-2013: Provided, That the amount for section
611(b)(2) of the IDEA shall be equal to the lesser of the
amount available for that activity during fiscal year 2011,
increased by the amount of inflation as specified in section
619(d)(2)(B) of the IDEA, or the percent change in the funds
appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2011:
Provided further, That $2,000,000, to remain available for
obligation through September 30, 2013, shall be for activities
aimed at improving the outcomes of children receiving
Supplemental Security Income (SSI) and their families, which
may include competitive grants to States to improve the
provision and coordination of services for SSI child recipients
in order to achieve improved health status, including both
physical and emotional health, and education and post-school
outcomes, including completion of postsecondary education and
employment, and to improve services and supports to the
families or households of the SSI child recipient, such as
education and job training for the parents: Provided further,
That States may award subgrants for a portion of the funds to
other public and private, non-profit entities.
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of
1998, and the Helen Keller National Center Act, $3,512,019,000:
Provided, That the Secretary may use amounts provided in this
Act that remain available subsequent to the reallotment of
funds to States pursuant to section 110(b) of the
Rehabilitation Act for activities aimed at improving the
outcomes of children receiving Supplemental Security Income
(SSI) and their families, including competitive grants to
States to improve the provision and coordination of services
for SSI child recipients in order to achieve improved health
status, education and post-school outcomes, including
completion of postsecondary education and employment, and to
improve services and supports to the family or households of
the SSI child recipient, such as education and job training for
the parents: Provided further, That States may award subgrants
for a portion of the funds to other public and private, non-
profit entities: Provided further, That any funds made
available subsequent to reallotment for activities aimed at
improving the outcomes of children receiving SSI and their
families shall remain available until September 30, 2013:
Provided further, That $2,000,000 shall be for competitive
grants to support alternative financing programs that provide
for the purchase of assistive technology devices, such as a
low-interest loan fund; an interest buy-down program; a
revolving loan fund; a loan guarantee; or insurance program:
Provided further, That applicants shall provide an assurance
that, and information describing the manner in which, the
alternative financing program will expand and emphasize
consumer choice and control: Provided further, That State
agencies and community-based disability organizations that are
directed by and operated for individuals with disabilities
shall be eligible to compete.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, $24,551,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986,
$65,546,000: Provided, That from the total amount available,
the Institute may at its discretion use funds for the endowment
program as authorized under section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education of
the Deaf Act of 1986, $125,754,000, of which $7,990,000 shall
be for construction and shall remain available until expended:
Provided, That from the total amount available, the University
may at its discretion use funds for the endowment program as
authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006 and
the Adult Education and Family Literacy Act (referred to in
this Act as the ``AEFLA''), $1,738,946,000, of which
$947,946,000 shall become available on July 1, 2012, and shall
remain available through September 30, 2013, and of which
$791,000,000 shall become available on October 1, 2012, and
shall remain available through September 30, 2013: Provided,
That of the amount provided for Adult Education State Grants,
$74,850,000 shall be made available for integrated English
literacy and civics education services to immigrants and other
limited-English-proficient populations: Provided further, That
of the amount reserved for integrated English literacy and
civics education, notwithstanding section 211 of the AEFLA, 65
percent shall be allocated to States based on a State's
absolute need as determined by calculating each State's share
of a 10-year average of the United States Citizenship and
Immigration Services data for immigrants admitted for legal
permanent residence for the 10 most recent years, and 35
percent allocated to States that experienced growth as measured
by the average of the 3 most recent years for which United
States Citizenship and Immigration Services data for immigrants
admitted for legal permanent residence are available, except
that no State shall be allocated an amount less than $60,000:
Provided further, That of the amounts made available for AEFLA,
$11,323,000 shall be for national leadership activities under
section 243.
Student Financial Assistance
For carrying out subparts 1 and 3 of part A, and part C of
title IV of the HEA, $24,538,521,000, which shall remain
available through September 30, 2013.
The maximum Pell Grant for which a student shall be
eligible during award year 2012-2013 shall be $4,860.
Student Aid Administration
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 4, 9, and 10 of part A, and parts
B, C, D, and E of title IV of the HEA, $1,045,363,000, to
remain available until September 30, 2013.
Higher Education
For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, VII, and VIII of the HEA, the Mutual
Educational and Cultural Exchange Act of 1961, and section 117
of the Carl D. Perkins Career and Technical Education Act of
2006, $1,873,196,000: Provided, That $608,000 shall be for
data collection and evaluation activities for programs under
the HEA, including such activities needed to comply with the
Government Performance and Results Act of 1993: Provided
further, That notwithstanding any other provision of law, funds
made available in this Act to carry out title VI of the HEA and
section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study in
foreign countries by individuals who are participating in
advanced foreign language training and international studies in
areas that are vital to United States national security and who
plan to apply their language skills and knowledge of these
countries in the fields of government, the professions, or
international development: Provided further, That of the funds
referred to in the preceding proviso up to 1 percent may be
used for program evaluation, national outreach, and information
dissemination activities: Provided further, That
notwithstanding any other provision of law, a recipient of a
multi-year award under section 316 of the HEA, as that section
was in effect prior to the date of enactment of the Higher
Education Opportunity Act (referred to in this Act as
``HEOA''), that would have otherwise received a continuation
award for fiscal year 2012 under that section, shall receive
under section 316, as amended by the HEOA, not less than the
amount that such recipient would have received under such a
continuation award: Provided further, That the portion of the
funds received under section 316 by a recipient described in
the preceding proviso that is equal to the amount of such
continuation award shall be used in accordance with the terms
of such continuation award.
Howard University
For partial support of Howard University, $234,507,000, of
which not less than $3,600,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment Act
and shall remain available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of
the HEA, $460,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,188,000, as
authorized pursuant to part D of title III of the HEA:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize total loan principal, any part of which
is to be guaranteed, not to exceed $367,255,000: Provided
further, That these funds may be used to support loans to
public and private Historically Black Colleges and Universities
without regard to the limitations within section 344(a) of the
HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing
Program entered into pursuant to part D of title III of the
HEA, $353,000.
Institute of Education Sciences
For carrying out activities authorized by the Education
Sciences Reform Act of 2002, the National Assessment of
Educational Progress Authorization Act, section 208 of the
Educational Technical Assistance Act of 2002, and section 664
of the Individuals with Disabilities Education Act,
$594,788,000, which shall remain available through September
30, 2013: Provided, That funds available to carry out section
208 of the Educational Technical Assistance Act may be used to
link Statewide elementary and secondary data systems with early
childhood, postsecondary, and workforce data systems, or to
further develop such systems: Provided further, That up to
$11,000,000 of the funds available to carry out section 208 of
the Educational Technical Assistance Act may be used for awards
to public or private organizations or agencies to support
activities to improve data coordination, quality, and use at
the local, State, and national levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $447,104,000.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $102,818,000.
office of the inspector general
For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department of
Education Organization Act, $59,933,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
overcome racial imbalance in any school or school system, or
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
carry out a plan of racial desegregation of any school or
school system.
Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation of
any student to a school other than the school which is nearest
the student's home, except for a student requiring special
education, to the school offering such special education, in
order to comply with title VI of the Civil Rights Act of 1964.
For the purpose of this section an indirect requirement of
transportation of students includes the transportation of
students to carry out a plan involving the reorganization of
the grade structure of schools, the pairing of schools, or the
clustering of schools, or any combination of grade
restructuring, pairing, or clustering. The prohibition
described in this section does not include the establishment of
magnet schools.
Sec. 303. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer and
meditation in the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the Department
of Education in this Act may be transferred between
appropriations, but no such appropriation shall be increased by
more than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall not be used to
create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided further,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer.
Sec. 305. The Outlying Areas may consolidate funds
received under this Act, pursuant to 48 U.S.C. 1469a, under
part A of title V of the ESEA.
Sec. 306. Section 105(f)(1)(B)(ix) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C.
1921d(f)(1)(B)(ix)) shall be applied by substituting ``2012''
for ``2009''.
Sec. 307. (a) Notwithstanding any other provision of law,
the Secretary is authorized to modify the terms and conditions
of gulf hurricane disaster loans to affected institutions
pursuant to section 2601 of Public Law 109-234 using the
authority provided herein, on such terms as the Secretary, the
Secretary of the Treasury, and the Director of the Office of
Management and Budget jointly determine are in the best
interests of both the United States and the borrowers, and
necessary to mitigate the economic effects of Hurricanes
Katrina and Rita. Any modification under this section shall not
result in any net cost to the Federal Government, as jointly
determined by the Secretary, the Secretary of the Treasury, and
the Director of the Office of Management and Budget, beginning
on the date on which the Secretary modifies a loan under this
section.
(b) Federal Register Notice.--The Secretary, the Secretary
of the Treasury, and the Director of the Office of Management
and Budget, shall jointly publish a notice in the Federal
Register prior to any modification of loans under paragraph (a)
that--
(1) establishes the terms and conditions governing
the modifications authorized by paragraph (a);
(2) includes an outline of the methodology and
factors that the Secretary, the Secretary of the
Treasury, and the Director of the Office of Management
and Budget, will jointly consider in evaluating the
modification of the loans made under this title; and
(3) describes how the use of such methodology and
consideration of such factors used to determine the
modifications will ensure that loan modifications do
not result in any net cost to the Federal Government.
(c) Fees.--An affected institution that receives a
modification to its disaster loan pursuant to section 2601 of
Public Law 109-234 shall pay a fee to the Secretary which shall
be credited to the HBCU Hurricane Supplemental Loan Program.
Such fees shall remain available without fiscal year limitation
to pay the modification costs. The amount of the fee paid shall
be equal to the modification cost as jointly determined by the
Secretary, the Secretary of the Treasury, and the Director of
the Office of Management and Budget, calculated in accordance
with section 502 of the Federal Credit Reform Act of 1990, as
amended, of such loan.
Sec. 308. Section 14006(c)(2) of division A of the
American Recovery and Reinvestment Act of 2009 (as amended by
section 1832(b) of division B of Public Law 112-10) is amended
by inserting before the period, ``except that such a State may
use its grant funds to make subgrants to public or private
agencies and organizations for activities consistent with the
purposes of the grant''.
Sec. 309. (a) Federal Pell Grant Eligibility.--
(1) Minimum level.--Section 401(b)(4) of the HEA
(20 U.S.C. 1070a(b)(4)) is amended by striking ``,
except that'' and all that follows and inserting a
period.
(2) Duration of award period.--Section 401(c)(5) of
the HEA (20 U.S.C. 1070a(c)(5)) is amended--
(A) by striking ``18'' each place it
appears and inserting ``12''; and
(B) by striking the last sentence.
(b) Zero Expected Family Contribution.--Section 479(c) of
the HEA (20 U.S.C. 1087ss(c)) is amended--
(1) in paragraph (1)(B), by striking ``$30,000''
and inserting ``$23,000''; and
(2) in paragraph (2)(B), by striking ``$30,000''
and inserting ``$23,000''.
(c) Students Who Are Not High School Graduates.--
(1) Amendment.--Section 484(d) of the HEA (20
U.S.C. 1091(d)) is amended--
(A) in the matter preceding paragraph (1),
by striking ``meet one of the following
standards:'';
(B) by striking paragraphs (1), (2), and
(4); and
(C) in paragraph (3), by striking ``(3) The
student has'' and inserting ``have''; and
(2) Transition.--The amendment made by paragraph
(1) shall apply to students who first enroll in a
program of study on or after July 1, 2012.
(3) Conforming change.--Section 101(a)(1) of the
HEA (20 U.S.C. 1001(a)(1) is amended by striking
``section 484(d)(3)'' and inserting ``section 484(d)''.
(d) Temporary Elimination of Interest Subsidy During
Student Loan Grace Period.--
(1) Section 428(a)(3)(A)(i)(I) of the HEA (20
U.S.C. 1078(a)(3)(A)(i)(I)) is amended to read as
follows:
``(I) which accrues prior
to the date the student ceases
to carry at least one-half the
normal full-time academic
workload (as determined by the
institution), or''.
(2) The amendment made by paragraph (1) shall apply
to new Federal Direct Stafford Loans made on or after
July 1, 2012 and before July 1, 2014.
(e) Revised Special Allowance Calculation.--
(1) Revised calculation rule.--Section 438(b)(2)(I)
of the HEA (20 U.S.C. 1087-1(b)(2)(I)) is amended by
adding at the end the following:
``(vii) Revised calculation rule to
reflect financial market conditions.--
``(I) Calculation based on
libor.--For the calendar
quarter beginning on April 1,
2012 and each subsequent
calendar quarter, in computing
the special allowance paid
pursuant to this subsection
with respect to loans described
in subclause (II), clause
(i)(I) of this subparagraph
shall be applied by
substituting `of the 1-month
London Inter Bank Offered Rate
(LIBOR) for United States
dollars in effect for each of
the days in such quarter as
compiled and released by the
British Bankers Association'
for `of the quotes of the 3-
month commercial paper
(financial) rates in effect for
each of the days in such
quarter as reported by the
Federal Reserve in Publication
H-15 (or its successor) for
such 3-month period'.
``(II) Loans eligible for
libor-based calculation.--The
special allowance paid pursuant
to this subsection shall be
calculated as described in
subclause (I) with respect to
special allowance payments for
the 3-month period ending June
30, 2012, and each succeeding
3-month period, on loans for
which the first disbursement is
made on or after January 1,
2000, and before July 1, 2010,
if, not later than April 1,
2012, the holder of the loan
(or, if the holder acts as
eligible lender trustee for the
beneficial owner of the loan,
the beneficial owner of the
loan), affirmatively and
permanently waives all
contractual, statutory, or
other legal rights to a special
allowance paid pursuant to this
subsection that is calculated
using the formula in effect at
the time the loans were first
disbursed.
``(III) Terms of waiver.--
``(aa) In
general.--A waiver
pursuant to subclause
(II) shall be in a form
(printed or electronic)
prescribed by the
Secretary, and shall be
applicable to--
``(AA) all
loans described
in such
subclause that
the lender
holds solely in
its own right
under any
lender
identification
number
associated with
the holder
(pursuant to
section 487B);
``(BB) all
loans described
in such
subclause for
which the
beneficial
owner has the
authority to
make an
election of a
waiver under
such subclause,
regardless of
the lender
identification
number
associated with
the loan or the
lender that
holds the loan
as eligible
lender trustee
on behalf of
such beneficial
owner; and
``(CC) all
future
calculations of
the special
allowance on
loans that, on
the date of
such waiver,
are loans
described in
subitem (AA) or
(BB), or that,
after such
date, become
loans described
in subitem (AA)
or (BB).
``(bb)
Exceptions.--Any waiver
pursuant to subclause
(II) that is elected
for loans described in
subitem (AA) or (BB) of
item (aa) shall not
apply to any loan
described in such
subitem for which the
lender or beneficial
owner of the loan
demonstrates to the
satisfaction of the
Secretary that--
``(AA) in
accordance with
an agreement
entered into
before the date
of enactment of
this section by
which such
lender or owner
is governed and
that applies to
such loans,
such lender or
owner is not
legally
permitted to
make an
election of
such waiver
with respect to
such loans
without the
approval of one
or more third
parties with an
interest in the
loans, and that
the lender or
owner followed
all available
options under
such agreement
to obtain such
approval, and
was unable to
do so; or
``(BB) such
lender or
beneficial
owner presented
the proposal of
electing such a
waiver
applicable to
such loans
associated with
an obligation
rated by a
nationally
recognized
statistical
rating
organization
(as defined in
section
3(a)(62) of the
Securities
Exchange Act of
1934), and such
rating
organization
provided a
written opinion
that the agency
would downgrade
the rating
applicable to
such obligation
if the lender
or owner
elected such a
waiver.''.
(2) Conforming amendments.--Section 438(b)(2)(I) of
the HEA (20 U.S.C. 1087-1(b)(2)(I)) is further
amended--
(A) in clause (i)(II), by striking ``such
average bond equivalent rate'' and inserting
``the rate determined under subclause (I) (in
accordance with clause (vii))''; and
(B) in clause (v)(III), by striking ``(iv),
and (vi)'' and inserting ``(iv), (vi), and
(vii)''.
(f) Reappropriation of Mandatory Savings.--Section
401(b)(7)(A)(iv) of the HEA (20 U.S.C. 1070a(b)(7)(A)(iv)) is
amended to read as follows:
``(iv) to carry out this section--
``(I) $13,500,000,000 for
fiscal year 2011;
``(II) $13,795,000,000 for
fiscal year 2012;
``(III) $7,587,000,000 for
fiscal year 2013;
``(IV) $588,000,000 for
fiscal year 2014;
``(V) $0 for fiscal year
2015;
``(VI) $0 for fiscal year
2016;
``(VII) $1,574,000,000 for
fiscal year 2017;
``(VIII) $1,382,000,000 for
fiscal year 2018;
``(IX) $1,409,000,000 for
fiscal year 2019;
``(X) $1,430,000,000 for
fiscal year 2020; and
``(XI) $1,145,000,000 for
fiscal year 2021 and each
succeeding fiscal year.''.
(g) Effective Date.--The amendments made by subsections
(a), (b), and (c) shall take effect on July 1, 2012.
(h) Inapplicability of Negotiated Rulemaking and Master
Calendar Exception.--Sections 482(c) and 492 of the HEA (20
U.S.C. 1089(c), 1098a) shall not apply to the amendments made
by this section, or to any regulations promulgated under those
amendments.
This title may be cited as the ``Department of Education
Appropriations Act, 2012''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled established by Public
Law 92-28, $5,385,000.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to
carry out the Domestic Volunteer Service Act of 1973 (referred
to in this title as ``1973 Act'') and the National and
Community Service Act of 1990 (referred to in this title as
``1990 Act''), $751,672,000, notwithstanding sections
198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 1990
Act: Provided, That of the amounts provided under this
heading: (1) up to 1 percent of program grant funds may be used
to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic
management of the grants cycle; (2) $44,900,000 shall be
available for expenses authorized under section 501(a)(4)(E) of
the 1990 Act; (3) $2,000,000 shall be available for expenses to
carry out sections 112(e), 179A, and 198O and subtitle J of
title I of the 1990 Act, notwithstanding section 501(a)(6) of
the 1990 Act; (4) $13,466,000 shall be available to provide
assistance to State commissions on national and community
service, under section 126(a) of the 1990 Act and
notwithstanding section 501(a)(5)(B) of the 1990 Act; (5)
$31,942,000 shall be available to carry out subtitle E of the
1990 Act; and (6) $3,992,000 shall be available for expenses
authorized under section 501(a)(4)(F) of the 1990 Act, which,
notwithstanding the provisions of section 198P shall be awarded
by CNCS on a competitive basis: Provided further, That, with
respect to amounts provided under this heading for State
Service Commissions, section 126 of the 1990 Act shall be
applied by substituting ``$200,000'' for ``$250,000'' each
place that it appears.
national service trust
(including transfer of funds)
For necessary expenses for the National Service Trust
established under subtitle D of title I of the 1990 Act,
$212,198,000, to remain available until expended: Provided,
That CNCS may transfer additional funds from the amount
provided within ``Operating Expenses'' allocated to grants
under subtitle C of title I of the 1990 Act to the National
Service Trust upon determination that such transfer is
necessary to support the activities of national service
participants and after notice is transmitted to the Committees
on Appropriations of the House of Representatives and the
Senate: Provided further, That amounts appropriated for or
transferred to the National Service Trust may be invested under
section 145(b) of the 1990 Act without regard to the
requirement to apportion funds under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of
the 1973 Act, including payment of salaries, authorized travel,
hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, the employment of experts
and consultants authorized under 5 U.S.C. 3109, and not to
exceed $2,500 for official reception and representation
expenses, $83,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, $4,000,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to
program requirements, service delivery or policy only through
public notice and comment rulemaking. For fiscal year 2012,
during any grant selection process, an officer or employee of
CNCS shall not knowingly disclose any covered grant selection
information regarding such selection, directly or indirectly,
to any person other than an officer or employee of CNCS that is
authorized by CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that they
receive AmeriCorps funding, and thereafter shall meet the
overall minimum share requirement as provided in section
2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section
121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver
consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 403. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and operations
under titles I and II of the 1973 Act or subtitle B, C, D, or E
of title I of the 1990 Act shall be used to supplement and not
supplant current programs and operations.
Sec. 404. In addition to the requirements in section
146(a) of the 1990 Act, use of an educational award for the
purpose described in section 148(a)(4) shall be limited to
individuals who are veterans as defined under section 101 of
the Act.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting
(referred to in this Act as ``CPB''), as authorized by the
Communications Act of 1934, an amount which shall be available
within limitations specified by that Act, for the fiscal year
2014, $445,000,000: Provided, That none of the funds made
available to CPB by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for
Government officials or employees: Provided further, That none
of the funds made available to CPB by this Act shall be
available or used to aid or support any program or activity
from which any person is excluded, or is denied benefits, or is
discriminated against, on the basis of race, color, national
origin, religion, or sex: Provided further, That none of the
funds made available to CPB by this Act shall be used to apply
any political test or qualification in selecting, appointing,
promoting, or taking any other personnel action with respect to
officers, agents, and employees of CPB: Provided further, That
none of the funds made available to CPB by this Act shall be
used to support the Television Future Fund or any similar
purpose.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and
Conciliation Service (``Service'') to carry out the functions
vested in it by the Labor-Management Relations Act, 1947,
including hire of passenger motor vehicles; for expenses
necessary for the Labor-Management Cooperation Act of 1978; and
for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act,
$46,250,000: Provided, That notwithstanding 31 U.S.C. 3302,
fees charged, up to full-cost recovery, for special training
activities and other conflict resolution services and technical
assistance, including those provided to foreign governments and
international organizations, and for arbitration services shall
be credited to and merged with this account, and shall remain
available until expended: Provided further, That fees for
arbitration services shall be available only for education,
training, and professional development of the agency workforce:
Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States
gifts of services and real, personal, or other property in the
aid of any projects or functions within the Director's
jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and
Health Review Commission, $17,637,000.
Institute of Museum and Library Services
office o