[United States Statutes at Large, Volume 125, 112th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
Public Law 112-74
112th Congress
An Act
Making appropriations for military construction, the Department of
Veterans Affairs, and related agencies for the fiscal year ending
September 30, 2012, and for other purposes. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2012''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
Sec. 5. Availability of funds.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related agencies
Title VIII--General provisions
Title IX--Overseas contingency operations
DIVISION B--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2012
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent agencies
Title V--General provisions
DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2012
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent agencies
Title VI--General provisions--This Act
Title VII--General provisions--Government-wide
Title VIII--General provisions--District of Columbia
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2012
Title I--Departmental management and operations
[[Page 787]]
Title II--Security, enforcement, and investigations
Title III--Protection, preparedness, response, and recovery
Title IV--Research and development, training, and services
Title V--General provisions
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2012
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related agencies
Title IV--General provisions
DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related agencies
Title V--General provisions
DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2012
Title I--Legislative branch
Title II--General provisions
DIVISION H--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
AGENCIES APPROPRIATIONS ACT, 2012
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related agencies
Title IV--Overseas contingency operations
Title V--General provisions
DIVISION I--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2012
Title I--Department of State and related agency
Title II--United States Agency for International Development
Title III--Bilateral economic assistance
Title IV--International security assistance
Title V--Multilateral assistance
Title VI--Export and investment assistance
Title VII--General provisions
Title VIII--Overseas contingency operations
SEC. 3. <> REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2012.
SEC. 5. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985 shall be available (or rescinded, if applicable) only if the
President subsequently so designates all such amounts and transmits such
designations to the Congress.
[[Page 788]]
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.
[[Page 789]]
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $4,289,407,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,935,544,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United States
Code, in connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty, and for members of the
Marine Corps platoon leaders class, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $644,722,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or other
duty, and expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense Military
Retirement Fund, $1,712,705,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard
[[Page 790]]
while on duty under section 10211, 10302, or 12402 of title 10 or
section 708 of title 32, United States Code, or while serving on duty
under section 12301(d) of title 10 or section 502(f) of title 32, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing training,
or while performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States Code;
and for payments to the Department of Defense Military Retirement Fund,
$7,585,645,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$3,088,929,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $12,478,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Army, and payments may be made on his certificate of necessity
for confidential military purposes, $31,072,902,000.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $14,804,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes,
$38,120,821,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$5,542,937,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law;
[[Page 791]]
and not to exceed $7,699,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or authority of
the Secretary of the Air Force, and payments may be made on his
certificate of necessity for confidential military purposes,
$34,985,486,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$30,152,008,000: Provided, That not more than $47,026,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of Defense, and payments may be made on his certificate of necessity for
confidential military purposes: Provided further, That of the funds
provided under this heading, not less than $34,311,000 shall be made
available for the Procurement Technical Assistance Cooperative Agreement
Program, of which not less than $3,600,000 shall be available for
centers defined in 10 U.S.C. 2411(1)(D): Provided further, That none of
the funds appropriated or otherwise made available by this Act may be
used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of Defense,
the office of the Secretary of a military department, or the service
headquarters of one of the Armed Forces into a legislative affairs or
legislative liaison office: Provided further, That $8,420,000, to
remain available until expended, is available only for expenses relating
to certain classified activities, and may be transferred as necessary by
the Secretary of Defense to operation and maintenance appropriations or
research, development, test and evaluation appropriations, to be merged
with and to be available for the same time period as the appropriations
to which transferred: Provided further, That any ceiling on the
investment item unit cost of items that may be purchased with operation
and maintenance funds shall not apply to the funds described in the
preceding proviso: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $3,071,733,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
[[Page 792]]
administration, of the Navy Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $1,305,134,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $271,443,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,274,359,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized by
law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $6,924,932,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $6,098,780,000.
[[Page 793]]
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $13,861,000, of which not to exceed $5,000
may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $346,031,000, to remain available
until transferred: Provided, <> 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
[[Page 794]]
available by this appropriation to other appropriations made available
to the Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period as the
appropriations to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For <> 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,
[[Page 795]]
and 2561 of title 10, United States Code), $107,662,000, to remain
available until September 30, 2013.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union and, with
appropriate authorization by the Department of Defense and Department of
State, to countries outside of the former Soviet Union, including
assistance provided by contract or by grants, for facilitating the
elimination and the safe and secure transportation and storage of
nuclear, chemical and other weapons; for establishing programs to
prevent the proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to the training
and support of defense and military personnel for demilitarization and
protection of weapons, weapons components and weapons technology and
expertise, and for defense and military contacts, $508,219,000, to
remain available until September 30, 2014: Provided, That of the
amounts provided under this heading, not less than $13,500,000 shall be
available only to support the dismantling and disposal of nuclear
submarines, submarine reactor components, and security enhancements for
transport and storage of nuclear warheads in the Russian Far East and
North.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce Development
Fund, $105,501,000.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $5,360,334,000, to remain available for obligation until
September 30, 2014.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and
[[Page 796]]
procurement and installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes, $1,461,223,000, to remain available for obligation
until September 30, 2014.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $2,070,405,000, to
remain available for obligation until September 30, 2014.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,884,424,000, to remain available for obligation until
September 30, 2014.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $7,924,214,000, to
remain available for obligation until September 30, 2014.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare
[[Page 797]]
parts, and accessories therefor; specialized equipment; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $17,675,734,000, to remain available for obligation
until September 30, 2014.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related support
equipment including spare parts, and accessories therefor; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $3,224,432,000, to remain available for obligation
until September 30, 2014.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $626,848,000, to remain available for obligation until
September 30, 2014.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; procurement of critical, long lead
time components and designs for vessels to be constructed or converted
in the future; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title, as follows:
Carrier Replacement Program (AP), $554,798,000;
Virginia Class Submarine, $3,221,314,000;
Virginia Class Submarine (AP), $1,461,361,000;
CVN Refuelings (AP), $529,652,000;
DDG-1000 Program, $453,727,000;
DDG-51 Destroyer, $1,980,709,000;
DDG-51 Destroyer (AP), $100,723,000;
[[Page 798]]
Littoral Combat Ship, $1,755,093,000;
LPD-17, $1,837,444,000;
LHA-Replacement, $1,999,191,000;
Joint High Speed Vessel, $372,332,000;
Oceanographic Ships, $89,000,000;
Moored Training Ship, $131,200,000;
LCAC Service Life Extension Program, $84,076,000;
Service Craft, $3,863,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $270,639,000.
Completion of Prior Year Shipbuilding Programs, $73,992,000.
In all: $14,919,114,000, to remain available for obligation until
September 30, 2016: Provided, That additional obligations may be
incurred after September 30, 2016, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship <> construction: Provided further,
That none of the funds provided under this heading for the construction
or conversion of any naval vessel to be constructed in shipyards in the
United States shall be expended in foreign facilities for the
construction of major components of such vessel: Provided further, That
none of the funds provided under this heading shall be used for the
construction of any naval vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except ordnance
for new aircraft, new ships, and ships authorized for conversion); the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $6,013,385,000, to remain available for obligation
until September 30, 2014.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts, and
accessories therefor; plant equipment, appliances, and machine tools,
and installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; vehicles for the
Marine Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title, $1,422,570,000, to remain available for obligation until
September 30, 2014.
[[Page 799]]
Aircraft Procurement, Air Force
(including transfer of funds)
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $12,950,000,000, to remain available for
obligation until September 30, 2014: Provided, That of the amount made
available under this heading, $63,500,000 made available for C-130J
aircraft shall be transferred to the Department of Homeland Security,
Coast Guard, ``Acquisition, Construction, and Improvements'': Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things, $6,080,877,000,
to remain available for obligation until September 30, 2014.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $499,185,000, to remain available for obligation until
September 30, 2014.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and
[[Page 800]]
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only; lease of passenger motor
vehicles; and expansion of public and private plants, Government-owned
equipment and installation thereof in such plants, erection of
structures, and acquisition of land, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon, prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway, $17,403,564,000, to
remain available for obligation until September 30, 2014.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments) necessary for procurement,
production, and modification of equipment, supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only; expansion of public and
private plants, equipment, and installation thereof in such plants,
erection of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway,
$4,893,428,000, to remain available for obligation until September 30,
2014.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $169,964,000, to remain available
until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $8,745,492,000, to
remain available for obligation until September 30, 2013.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $17,753,940,000, to
remain available for obligation until September 30, 2013: Provided,
That funds appropriated in this paragraph which are available for the V-
22 may be used to meet unique operational requirements of the Special
Operations Forces: Provided further, That funds appropriated in this
paragraph shall be available for the Cobra Judy program.
[[Page 801]]
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $26,535,996,000, to
remain available for obligation until September 30, 2013.
Research, Development, Test and Evaluation, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department of Defense
(other than the military departments), necessary for basic and applied
scientific research, development, test and evaluation; advanced research
projects as may be designated and determined by the Secretary of
Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $19,193,955,000, to remain
available for obligation until September 30, 2013: Provided, That of
the funds made available in this paragraph, $200,000,000 for the Defense
Rapid Innovation Program shall only be available for expenses, not
otherwise provided for, to include program management and oversight, to
conduct research, development, test and evaluation to include proof of
concept demonstration; engineering, testing, and validation; and
transition to full-scale production: Provided further, That the
Secretary of Defense may transfer funds provided herein for the Defense
Rapid Innovation Program to appropriations for research, development,
test and evaluation to accomplish the purpose provided herein: Provided
further, That this transfer authority is in addition to any other
transfer authority available to the Department of Defense: Provided
further, <> That the Secretary of Defense
shall, not fewer than 30 days prior to making transfers from this
appropriation, notify the congressional defense committees in writing of
the details of any such transfer.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation,
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection
therewith, $191,292,000, to remain available for obligation until
September 30, 2013.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,575,010,000.
[[Page 802]]
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), and for the necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security needs
of the United States, $1,100,519,000, to remain available until
expended: Provided, <> 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
[[Page 803]]
that are not in the chemical weapon stockpile, $1,554,422,000, of which
$1,147,691,000 shall be for operation and maintenance, of which no less
than $71,211,000, shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $19,211,000 for activities on
military installations and $52,000,000, to remain available until
September 30, 2013, to assist State and local governments and
$406,731,000, to remain available until September 30, 2013, shall be for
research, development, test and evaluation, of which $401,768,000 shall
only be for the Assembled Chemical Weapons Alternatives (ACWA) program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $1,209,620,000: Provided, That the
funds appropriated under this heading shall be available for obligation
for the same time period and for the same purpose as the appropriation
to which <> 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
[[Page 804]]
for continuing the operation of the Central Intelligence Agency
Retirement and Disability System, $513,700,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $547,891,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 8002. <> 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
[[Page 805]]
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
[[Page 806]]
pursuant to section 2208 of title 10, United States Code, may be
maintained in only such amounts as are necessary at any time for cash
disbursements to be made from such funds: Provided, That transfers may
be made between such <> 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;
[[Page 807]]
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for a
multiyear procurement contract as follows:
UH-60M/HH-60M and MH-60R/MH-60S Helicopter Airframes; and MH-60R/S
Mission Avionics and Common Cockpits.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. <> 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
[[Page 808]]
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
[[Page 809]]
(25 U.S.C. 1544): Provided, That a prime contractor or a subcontractor
at any tier that makes a subcontract award to any subcontractor or
supplier as defined in section 1544 of title 25, United States Code, or
a small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed additional
compensation under section 504 of the Indian Financing Act of 1974 (25
U.S.C. 1544) whenever the prime contract or subcontract amount is over
$500,000 and involves the expenditure of funds appropriated by an Act
making Appropriations for the Department of Defense with respect to any
fiscal year: Provided further, <> 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
[[Page 810]]
of such entity, or as a paid consultant by more than one FFRDC in a
fiscal year: Provided, That a member of any such entity referred to
previously in this subsection shall be allowed travel expenses and per
diem as authorized under the Federal Joint Travel Regulations, when
engaged in the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2012 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for construction of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2012, not more than 5,750
staff years of technical effort (staff years) may be funded for defense
FFRDCs: Provided, That of the specific amount referred to previously in
this subsection, not more than 1,125 staff years may be funded for the
defense studies and analysis FFRDCs: Provided further, That this
subsection shall not apply to staff years funded in the National
Intelligence Program (NIP) and the Military Intelligence Program (MIP).
(e) <> 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
[[Page 811]]
repair of aircraft, vehicles and vessels as well as the production of
components and other Defense-related articles, through competition
between Department of Defense depot maintenance activities and private
firms: Provided, <> 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
[[Page 812]]
that the housing units shall be removed within a reasonable period of
time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any conflicts
among requests of Indian tribes for housing units under subsection (a)
before submitting requests to the Secretary of the Air Force under
subsection (b).
(d) <> 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.
[[Page 813]]
Sec. 8034. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8035. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity, in
expending the funds, complies with the Buy American Act. For purposes of
this subsection, the term ``Buy American Act'' means chapter 83 of title
41, United States Code.
(b) <> 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.
[[Page 814]]
(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
[[Page 815]]
of title 10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any commercial
or industrial type function of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act
(section 8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a
qualified nonprofit agency for other severely
handicapped individuals in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450b(e)), or a Native Hawaiian Organization, as
defined in section 8(a)(15) of the Small Business Act
(15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469 and
2474 of title 10, United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to be
awarded under the authority of, and in compliance with, subsection (h)
of section 2304 of title 10, United States Code, for the competition or
outsourcing of commercial activities.
(rescissions)
Sec. 8040. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
``National Defense Sealift Fund, 2002/XXXX'', $20,444,000;
``National Defense Sealift Fund, 2003/XXXX'', $8,500,000;
``National Defense Sealift Fund, 2004/XXXX'', $6,500,000;
``Aircraft Procurement, Army, 2010/2012'', $5,100,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2010/2012'', $4,353,000;
``Procurement of Ammunition, Army, 2010/2012'', $21,674,000;
``Other Procurement, Army, 2010/2012'', $58,647,000;
``Aircraft Procurement, Navy, 2010/2012'', $90,000,000;
``Aircraft Procurement, Air Force, 2010/2012'', $32,897,000;
``Missile Procurement, Air Force, 2010/2012'', $3,889,000;
``Other Procurement, Air Force, 2010/2012'', $12,200,000;
``Procurement, Defense-Wide, 2010/2012'', $716,000;
``Aircraft Procurement, Army, 2011/2013'', $21,500,000;
``Missile Procurement, Army, 2011/2013'', $99,800,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2011/2013'', $18,834,000;
``Procurement of Ammunition, Army, 2011/2013'', $15,000,000;
``Other Procurement, Army, 2011/2013'', $438,436,000;
[[Page 816]]
``Aircraft Procurement, Navy, 2011/2013'', $78,000,000;
``Weapons Procurement, Navy, 2011/2013'', $34,276,000;
``Procurement of Ammunition, Navy and Marine Corps, 2011/
2013'', $28,262,000;
``Other Procurement, Navy, 2011/2013'', $59,598,000;
Under the heading, ``Shipbuilding and Conversion, Navy,
2011/2015'': Littoral Combat Ship Advance Procurement:
$110,351,000;
``Aircraft Procurement, Air Force, 2011/2013'',
$220,213,000;
``Missile Procurement, Air Force, 2011/2013'', $193,900,000;
``Other Procurement, Air Force, 2011/2013'', $52,868,000;
``Procurement, Defense-Wide, 2011/2013'', $4,312,000;
``Research, Development, Test and Evaluation, Army, 2011/
2012'', $356,625,000;
``Research, Development, Test and Evaluation, Navy, 2011/
2012'', $65,687,000;
``Research, Development, Test and Evaluation, Air Force,
2011/2012'', $258,094,000;
``Research, Development, Test and Evaluation, Defense-Wide,
2011/2012'', $254,284,000;
``Defense Health Program, 2011/2012'', $257,000:
Provided, That the funds rescinded from the National
Defense Sealift accounts are those described under the heading
``National Defense Sealift Fund'' in Public Law 107-117, Public
Law 107-248, and Public Law 108-87, or for the purposes
described in section 115 of division H of Public Law 108-199, as
amended by section 1017 of division A of Public Law 109-13.
Sec. 8041. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians (dual status)
of the Army National Guard, Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military technicians
(dual status), unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8042. <> 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
[[Page 817]]
congressional defense committees that the beneficiary population is
declining in some catchment areas and civilian strength reductions may
be consistent with responsible resource stewardship and capitation-based
budgeting.
Sec. 8045. <> (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
[[Page 818]]
of the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-enforcement,
or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the following:
(1) A description of the equipment, supplies, or services to
be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed Forces
(including the reserve components) for the type of
equipment or supplies to be transferred have been met;
and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such
replacement.
Sec. 8050. <> None of the funds available to the
Department of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of Defense for
costs of any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8051. During the current fiscal year, no more than $30,000,000
of appropriations made in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' may be transferred to appropriations
available for the pay of military personnel, to be merged with, and to
be available for the same time period as the appropriations to which
transferred, to be used in support of such personnel in connection with
support and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10, United
States Code.
Sec. 8052. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under the
provisions of section 1552 of title 31, United States Code, and which
has a negative unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current appropriation
account for the same purpose as the expired or closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
[[Page 819]]
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge to
a current account under the authority of this section shall be
reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account.
Sec. 8053. (a) Notwithstanding any other provision of law, the Chief
of the National Guard Bureau may permit the use of equipment of the
National Guard Distance Learning Project by any person or entity on a
space-available, reimbursable <> 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
[[Page 820]]
in law if the Secretary determines that the application of the
limitation with respect to that country would invalidate cooperative
programs entered into between the Department of Defense and the foreign
country, or would invalidate reciprocal trade agreements for the
procurement of defense items entered into under section 2531 of title
10, United States Code, and the country does not discriminate against
the same or similar defense items produced in the United States for that
country.
(b) <> 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,
[[Page 821]]
including a description of the project, the planned acquisition and
transition strategy and its estimated annual and total cost, has been
provided in writing to the congressional defense committees:
Provided, <> 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.
[[Page 822]]
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--
[[Page 823]]
``Sec. 1790. MILITARY PERSONNEL CITIZENSHIP PROCESSING
``Authorization of Payments.--Using funds provided for operation and
maintenance and notwithstanding section 2215 of title 10, United States
Code, the Secretary of Defense may reimburse the Secretary of Homeland
Security for costs associated with the processing and adjudication by
the United States Citizenship and Immigration Services (USCIS) of
applications for naturalization described in sections 328(b)(4) and
329(b)(4) of the Immigration and Nationality Act (8 U.S.C. Sec. Sec.
1439(b)(4) and 1440(b)(4)). Such reimbursements shall be deposited and
remain available as provided by sections 286(m) and (n) of such Act (8
U.S.C. Sec. 1356(m)). Such reimbursements shall be based on actual
costs incurred by USCIS for processing applications for naturalization,
and shall not exceed $7,500,000 per fiscal year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter I of chapter 88 of title 10, United States Code, is amended
by inserting after the item relating to section 1789 the following new
item:
``1790. Military personnel citizenship processing.''.
(including transfer of funds)
Sec. 8071. Of the amounts appropriated in this Act under the
heading ``Research, Development, Test and Evaluation, Defense-Wide'',
$235,700,000 shall be for the Israeli Cooperative Programs: Provided,
That of this amount, $110,525,000 shall be for the Short Range Ballistic
Missile Defense (SRBMD) program, including cruise missile defense
research and development under the SRBMD program, of which $15,000,000
shall be for production activities of SRBMD missiles in the United
States and in Israel to meet Israel's defense requirements consistent
with each nation's laws, regulations, and procedures, $66,220,000 shall
be available for an upper-tier component to the Israeli Missile Defense
Architecture, and $58,955,000 shall be for the Arrow System Improvement
Program including development of a long range, ground and airborne,
detection suite: Provided further, That funds made available under this
provision for production of missiles and missile components may be
transferred to appropriations available for the procurement of weapons
and equipment, to be merged with and to be available for the same time
period and the same purposes as the appropriation to which transferred:
Provided further, That the transfer authority provided under this
provision is in addition to any other transfer authority contained in
this Act.
Sec. 8072. (a) None of the funds available to the Department of
Defense may be obligated to modify command and control relationships to
give Fleet Forces Command operational and administrative control of U.S.
Navy forces assigned to the Pacific fleet.
(b) None of the funds available to the Department of Defense may be
obligated to modify command and control relationships to give United
States Transportation Command operational and administrative control of
C-130 and KC-135 forces assigned to the Pacific and European Air Force
Commands.
(c) The command and control relationships in subsections (a) and (b)
which existed on March 13, 2011, shall remain in force unless changes
are specifically authorized in a subsequent Act.
[[Page 824]]
(including transfer of funds)
Sec. 8073. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $73,992,000 shall be
available until September 30, 2012, to fund prior year shipbuilding cost
increases: Provided, That upon enactment of this Act, the Secretary of
the Navy shall transfer funds to the following appropriations in the
amounts specified: Provided further, That the amounts transferred shall
be merged with and be available for the same purposes as the
appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion, Navy,
2005/2012'': LPD-17 Amphibious Transport Dock Program
$18,627,000;
(2) Under the heading ``Shipbuilding and Conversion, Navy,
2006/2012'': LPD-17 Amphibious Transport Dock Program
$23,437,000; and
(3) Under the heading ``Shipbuilding and Conversion, Navy,
2008/2012'': LPD-17 Amphibious Transport Dock Program
$31,928,000.
(including transfer of funds)
Sec. 8074. <> (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
[[Page 825]]
Operation and Maintenance accounts, and the Procurement accounts:
Provided, That these documents shall include a description of the
funding requested for each contingency operation, for each military
service, to include all Active and Reserve components, and for each
appropriations account: Provided further, That these documents shall
include estimated costs for each element of expense or object class, a
reconciliation of increases and decreases for each contingency
operation, and programmatic data including, but not limited to, troop
strength for each Active and Reserve component, and estimates of the
major weapons systems deployed in support of each contingency: Provided
further, That these documents shall include budget exhibits OP-5 and OP-
32 (as defined in the Department of Defense Financial Management
Regulation) for all contingency operations for the budget year and the
two preceding fiscal years.
Sec. 8078. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
(including transfer of funds)
Sec. 8079. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $44,000,000 is hereby appropriated
to the Department of Defense:
Provided, <> 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.
[[Page 826]]
(including transfer of funds)
Sec. 8083. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating necessary
changes resulting from inflation, market fluctuations, or rate
adjustments for any ship construction program appropriated in law:
Provided, That the Secretary may transfer not to exceed $100,000,000
under the authority provided by this section: Provided
further, <> 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
[[Page 827]]
in any prior fiscal year, and the 1 percent limitation shall apply to
the total amount of the appropriation.
(including transfer of funds)
Sec. 8089. During the current fiscal year, not to exceed
$200,000,000 from funds available under ``Operation and Maintenance,
Defense-Wide'' may be transferred to the Department of State ``Global
Security Contingency Fund'': Provided, That this transfer authority is
in addition to any other transfer authority available to the Department
of <> 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.
[[Page 828]]
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.
[[Page 829]]
(including transfer of funds)
Sec. 8098. Of the funds appropriated in the Intelligence Community
Management Account for the Program Manager for the Information Sharing
Environment, $20,000,000 is available for transfer by the Director of
National Intelligence to other departments and agencies for purposes of
Government-wide information sharing activities: Provided, That funds
transferred under this provision are to be merged with and available for
the same purposes and time period as the appropriation to which
transferred: Provided further, That the Office of Management and Budget
must approve any transfers made under this provision.
Sec. 8099. Funds appropriated by this Act for operation and
maintenance may be available for the purpose of making remittances to
the Defense Acquisition Workforce Development Fund in accordance with
the requirements of section 1705 of title 10, United States Code.
Sec. 8100. (a) <> 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
[[Page 830]]
entity that has a subcontract in excess of $1,000,000 on a contract
subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or independent
contractors that may not be enforced in a court of the United States.
(d) <> 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
[[Page 831]]
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
[[Page 832]]
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
[[Page 833]]
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--
[[Page 834]]
(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.
[[Page 835]]
(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
[[Page 836]]
(ii) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
(3) The term ``foreign terrorist organization'' means any
organization so designated by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
Sec. 8121. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire, or
modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8122. Of the funds made available to the Department of Defense
under ``Operation and Maintenance, Defense-Wide'' in title II,
$1,000,000 may be available to the Department to competitively
commission an independent assessment of the current and prospective
situation on the ground in Afghanistan and Pakistan, including the
strategic environment in and around Afghanistan and Pakistan; the
security, political, and economic and reconstruction developments in
those two countries; and relevant policy recommendations relating
thereto.
Sec. 8123. <> Not later than 90 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report on the
approximately $100,000,000,000 in efficiency savings identified by the
military departments in the defense budget covering fiscal years 2012
through 2016 that are to be reinvested in the priorities of the military
departments. Such report shall include an analysis of--
(1) each savings identified by the military departments,
including--
(A) the budget account from which such savings will
be derived;
(B) the number of military personnel and full-time
civilian employees of the Federal Government affected by
such savings;
(C) the estimated reductions in the number and
funding of contractor personnel caused by such savings;
and
(D) a specific description of activities or services
that will be affected by such savings, including the
locations of such activities or services; and
(2) each reinvestment planned to be funded with such
savings, including--
[[Page 837]]
(A) with respect to such reinvestment in procurement
and research, development, test and evaluation accounts,
the budget account to which such savings will be
reinvested, including, by line item, the number of items
to be procured, as shown in annual P-1 and R-1
documents;
(B) with respect to such reinvestment in military
personnel and operation and maintenance accounts, the
budget account and the subactivity (as shown in annual-1
and O-1 budget documents) to which such savings will be
reinvested;
(C) the number of military personnel and full-time
civilian employees of the Federal Government affected by
such reinvestment;
(D) the estimated number and funding of contractor
personnel affected by such reinvestment; and
(E) a specific description of activities or services
that will be affected by such reinvestment, including
the locations of such activities or services.
Sec. 8124. <> 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
[[Page 838]]
period as the appropriations to which the funds are transferred:
Provided further, That this transfer authority is in addition to any
other transfer authority provided in this Act.
Sec. 8127. None of the funds made available by this Act may be used
in contravention of section 1590 or 1591 of title 18, United States
Code, or in contravention of the requirements of section 106(g) or (h)
of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g) or
(h)).
Sec. 8128. <> None of the
funds made available by this Act for international military education
and training, foreign military financing, excess defense articles,
assistance under section 1206 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), issuance for
direct commercial sales of military equipment, or peacekeeping
operations for the countries of Chad, Yemen, Somalia, Sudan, Democratic
Republic of the Congo, and Burma may be used to support any military
training or operations that include child soldiers, as defined by the
Child Soldiers Prevention Act of 2008, and except if such assistance is
otherwise permitted under section 404 of the Child Soldiers Prevention
Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1).
Sec. 8129. None of the funds made available by this Act may be used
in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.).
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$7,195,335,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,259,234,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$714,360,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
[[Page 839]]
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,492,381,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$207,162,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$44,530,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$25,421,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force''
$26,815,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$664,579,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $9,435,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
[[Page 840]]
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$44,794,156,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$7,674,026,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $3,935,210,000: Provided, That such amounts in this paragraph
are designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $10,879,347,000: Provided, That such amounts in this paragraph
are designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $9,252,211,000: Provided, That each amount in this section is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further, That of
the funds provided under this heading: Not to exceed $1,690,000,000, to
remain available until September 30, 2013, for payments to reimburse key
cooperating nations for logistical, military, and other support,
including access, provided to United States military operations in
support of Operation Enduring Freedom, Operation New Dawn, and post-
operation Iraq border security related to the activities of the Office
of Security Cooperation in Iraq, notwithstanding any other provision of
law: Provided further, <> That such reimbursement
payments may be made in such amounts as the Secretary of Defense, with
the concurrence of the Secretary of State, and in consultation with the
Director of the Office of Management and Budget, may determine, in his
discretion, based on documentation determined by
[[Page 841]]
the Secretary of Defense to adequately account for the support provided,
and such determination is final and conclusive upon the accounting
officers of the United States, and 15 days following notification to the
appropriate congressional committees: Provided further, That the
requirement to provide notification shall not apply with respect to a
reimbursement for access based on an international agreement: Provided
further, <> 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
[[Page 842]]
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $34,050,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Afghanistan Infrastructure Fund
(including transfer of funds)
For the ``Afghanistan Infrastructure Fund'', $400,000,000, to remain
available until September 30, 2013: Provided, That such sums shall be
available for infrastructure projects in Afghanistan, notwithstanding
any other provision of law, which shall be undertaken by the Secretary
of State, unless the Secretary of State and the Secretary of Defense
jointly decide that a specific project will be undertaken by the
Department of Defense: Provided further, That the infrastructure
referred to in the preceding proviso is in support of the
counterinsurgency strategy, requiring funding for facility and
infrastructure projects, including, but not limited to, water, power,
and transportation projects and related maintenance and sustainment
costs: Provided further, That the authority to undertake such
infrastructure projects is in addition to any other authority to provide
assistance to foreign nations: Provided further, That any projects
funded by this appropriation shall be jointly formulated and concurred
in by the Secretary of State and Secretary of Defense: Provided
further, That funds may be transferred to the Department of State for
purposes of undertaking projects, which funds shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained in
that Act: Provided further, That the transfer authority in the
preceding proviso is in addition to any other authority available to the
Department of Defense to transfer funds: Provided
further, <> 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
[[Page 843]]
in writing of the details of any such transfer: Provided further, That
the ``appropriate committees of Congress'' are the Committees on Armed
Services, Foreign Relations and Appropriations of the Senate and the
Committees on Armed Services, Foreign Affairs and Appropriations of the
House of Representatives: Provided further, That such amounts in this
paragraph are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $11,200,000,000, to
remain available until September 30, 2013: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Commander,
Combined Security Transition Command--Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including the provision
of equipment, supplies, services, training, facility and infrastructure
repair, renovation, and construction, and funding: Provided further,
That the authority to provide assistance under this heading is in
addition to any other authority to provide assistance to foreign
nations: Provided further, That contributions of funds for the purposes
provided herein from any person, foreign government, or international
organization may be credited to this Fund and used for such purposes:
Provided further, <> 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.
[[Page 844]]
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$126,556,000, to remain available until September 30, 2014: Provided,
That such amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $37,117,000, to remain available until
September 30, 2014: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$208,381,000, to remain available until September 30, 2014: Provided,
That such amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,334,345,000, to remain available until September 30, 2014: Provided,
That such amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$480,935,000, to remain available until September 30, 2014: Provided,
That such amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$41,070,000, to remain available until September 30, 2014: Provided,
That such amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
[[Page 845]]
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $317,100,000, to remain available until September 30,
2014: Provided, That such amounts in this paragraph are designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$236,125,000, to remain available until September 30, 2014: Provided,
That such amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$1,233,996,000, to remain available until September 30, 2014: Provided,
That such amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$1,235,777,000, to remain available until September 30, 2014: Provided,
That such amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$41,220,000, to remain available until September 30, 2014: Provided,
That such amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $109,010,000, to remain available until September 30, 2014:
Provided, That such amounts in this paragraph are designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$3,088,510,000, to remain available until September 30, 2014: Provided,
That such amounts in this paragraph are designated by
[[Page 846]]
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$405,768,000, to remain available until September 30, 2014: Provided,
That such amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons and other procurement for the reserve
components of the Armed Forces, $1,000,000,000, to remain available for
obligation until September 30, 2014:
Provided, <> 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.
[[Page 847]]
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $18,513,000, to remain available until September 30,
2013: Provided, That such amounts in this paragraph are designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $53,884,000, to remain available until September 30,
2013: Provided, That such amounts in this paragraph are designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $259,600,000, to remain available until
September 30, 2013: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $194,361,000, to remain available until
September 30, 2013: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$435,013,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,228,288,000, which shall be for operation and maintenance, to remain
available until September 30, 2012: Provided, That such amounts in this
paragraph are designated by the Congress for
[[Page 848]]
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $456,458,000, to remain available until September
30, 2013: Provided, That such amounts in this paragraph are designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$2,441,984,000, to remain available until September 30, 2014: Provided,
That such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose of allowing
the Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment, supplies,
services, training, facilities, personnel and funds to assist United
States forces in the defeat of improvised explosive devices: Provided
further, That the Secretary of Defense may transfer funds provided
herein to appropriations for military personnel; operation and
maintenance; procurement; research, development, test and evaluation;
and defense working capital funds to accomplish the purpose provided
herein: Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department of Defense:
Provided further, <> That the Secretary
of Defense shall, not fewer than 15 days prior to making transfers from
this appropriation, notify the congressional defense committees in
writing of the details of any such transfer: Provided further, That
such amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $11,055,000: Provided, That such amounts in this paragraph
are designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2012.
[[Page 849]]
(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
[[Page 850]]
or more, the Secretary shall submit to the congressional defense
committees a written notice containing each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones, and
completion date for the proposed project, including any other
CERP funding that has been or is anticipated to be contributed
to the completion of the project.
(3) <> 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
[[Page 851]]
$50,000,000 annually and any non-standard equipment requirements in
excess of $100,000,000 using ASFF: Provided further, That the AROC must
approve all projects and the execution plan under the ``Afghanistan
Infrastructure Fund'' (AIF) and any project in excess of $5,000,000 from
the Commanders Emergency Response Program (CERP): Provided
further, <> 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.
[[Page 852]]
Sec. 9014. The amounts appropriated in title IX of this Act are
hereby reduced by $4,042,500,000 to reflect reduced troop strength in
theater: Provided, <> 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.
[[Page 853]]
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law (but
such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$1,694,000,000, to remain available until expended; of which such sums
as are necessary to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program shall
be derived from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary to cover
one-half of the costs of construction, replacement, rehabilitation, and
expansion of inland waterways projects (including only Olmsted Lock and
Dam, Ohio River, Illinois and Kentucky; Emsworth Locks and Dam, Ohio
River, Pennsylvania; Lock and Dams 2, 3, and 4, Monongahela River,
Pennsylvania; and Lock and Dam 27, Mississippi River, Illinois) shall be
derived from the Inland Waterways Trust Fund.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $252,000,000, to remain
available until expended, of which such sums as are necessary to cover
the Federal share of eligible operation and maintenance costs for inland
harbors shall be derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law; providing
security for infrastructure owned or operated by the Corps, including
administrative buildings and laboratories; maintaining harbor channels
provided by a State, municipality, or other public agency that serve
essential navigation needs of general commerce, where authorized by law;
surveying and charting northern and northwestern lakes and connecting
waters; clearing and straightening channels; and removing obstructions
to navigation, $2,412,000,000, to remain available until expended, of
which such sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for coastal harbors and channels, and
for inland harbors shall be derived from the Harbor Maintenance Trust
Fund; of which such sums as become available from the special account
for the Corps of Engineers established by the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)) shall be derived
from that account for resource protection, research, interpretation, and
maintenance activities related to resource protection in the areas at
which outdoor recreation is available; and of which such sums as become
available from fees collected under section 217 of Public Law 104-303
shall be used to cover the cost of operation and maintenance of the
dredged
[[Page 854]]
material disposal facilities for which such fees have been collected:
Provided, That 1 percent of the total amount of funds provided for each
of the programs, projects or activities funded under this heading shall
not be allocated to a field operating activity prior to the beginning of
the fourth quarter of the fiscal year and shall be available for use by
the Chief of Engineers to fund such emergency activities as the Chief of
Engineers determines to be necessary and appropriate, and that the Chief
of Engineers shall allocate during the fourth quarter any remaining
funds which have not been used for emergency activities proportionally
in accordance with the amounts provided for the programs, projects or
activities.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $193,000,000, to remain
available until September 30, 2013.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $109,000,000, to remain available until
expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$27,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support Activity, the Institute for Water Resources, the United States
Army Engineer Research and Development Center, and the United States
Army Corps of Engineers Finance Center allocable to the civil works
program, $185,000,000, to remain available until September 30, 2013, of
which not to exceed $5,000 may be used for official reception and
representation purposes and only during the current fiscal year:
Provided, That no part of any other appropriation provided in title I of
this Act shall be available to fund the civil works activities of the
Office of the Chief of Engineers or the civil works executive direction
and management activities of the division offices: Provided further,
That any Flood Control and Coastal Emergencies appropriation may be used
to fund the supervision and general administration of emergency
operations, repairs, and other activities in response to any flood,
hurricane, or other natural disaster.
[[Page 855]]
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2013.
administrative provision
The Revolving Fund, Corps of Engineers, shall be available during
the current fiscal year for purchase (not to exceed 100 for replacement
only) and hire of passenger motor vehicles for the civil works program.
general provisions--corps of engineers--civil
(including transfers of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2012, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the House and
Senate Committees on Appropriations;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects or
activities in excess of the amounts contained in subsections 6
through 10, unless prior approval is received from the House and
Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may be
reprogrammed into any continuing study or activity that did not
receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed
conditions, or real estate deficiency judgments: Provided
further, That up to $300,000 may be reprogrammed into any
continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted in order for the Corps to be able
[[Page 856]]
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
[[Page 857]]
recommended in the efficacy study authorized under section 3061 of the
Water Resources Development Act of 2007 (121 Stat. 1121) or in interim
reports, with such modifications or emergency measures as the Secretary
of the Army determines to be appropriate, to prevent aquatic nuisance
species from dispersing into the Great Lakes by way of any hydrologic
connection between the Great Lakes and the Mississippi River Basin.
Sec. 106. The Secretary is authorized to transfer to ``Corps of
Engineers--Civil--Construction'' up to $100,000,000 of the funds
provided for reinforcing or replacing flood walls under the heading
``Corps of Engineers--Civil--Flood Control and Coastal Emergencies'' in
Public Law 109-234 and Public Law 110-252 and up to $75,000,000 of the
funds provided for projects and measures for the West Bank and Vicinity
and Lake Ponchartrain and Vicinity projects under the heading ``Corps of
Engineers--Civil--Flood Control and Coastal Emergencies'' in Public Law
110-28, to be used with funds provided for the West Bank and Vicinity
project under the heading ``Corps of Engineers--Civil--Construction'' in
Public Law 110-252 and Public Law 110-329, consistent with 65 percent
Federal and 35 percent non-Federal cost share and the financing of, and
payment terms for, the non-Federal cash contribution associated with the
West Bank and Vicinity project.
Sec. 107. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $3,800,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost due
to Corps of Engineers projects.
Sec. 108. The Secretary of the Army may authorize a member of the
Armed Forces under the Secretary's jurisdiction and employees of the
Department of the Army to serve without compensation as director,
officer, or otherwise in the management of the organization established
to support and maintain the participation of the United States in the
permanent international commission of the congresses of navigation, or
any successor entity.
Sec. 109. (a) Acquisition.--The <> Secretary is authorized to acquire any real property and
associated real property interests in the vicinity of Hanover, New
Hampshire as may be needed for the Engineer Research and Development
Center laboratory facilities at the Cold Regions Research and
Engineering Laboratory. This real property to be acquired consists of
18.5 acres more or less, identified as Tracts 101-1 and 101-2, together
with all necessary easements located entirely within the Town of
Hanover, New Hampshire. The real property is generally bounded to the
east by state route 10-Lyme Road, to the north by the vacant property of
the Trustees of the Dartmouth College, to the south by Fletcher Circle
graduate student housing owned by the Trustees of Dartmouth College, and
to the west by approximately 9 acres of real property acquired in fee
through condemnation in 1981 by the Secretary of the Army.
(b) Revolving Fund.--The Secretary is authorized to use the
Revolving Fund (33 U.S.C. 576) through the Plant Replacement and
Improvement Program to acquire the real property and associated real
property interests in subsection (a). The Secretary shall ensure that
the Revolving Fund is appropriately reimbursed from the benefitting
appropriations.
[[Page 858]]
(c) Right of First Refusal.--The Secretary may provide the Seller of
any real property and associated property interests identified in
subsection (a)--
(1) a right of first refusal to acquire such property, or
any portion thereof, in the event the property, or any portion
thereof, is no longer needed by the Department of the Army.
(2) a right of first refusal to acquire any real property or
associated real property interests acquired by condemnation in
Civil Action No. 81-360-L, in the event the property, or any
portion thereof, is no longer needed by the Department of the
Army.
(3) the purchase of any property by the Seller exercising
either right of first refusal authorized in this section shall
be for consideration acceptable to the Secretary and shall be
for not less than fair market value at the time the property
becomes available for purchase. The right of first refusal
authorized in this section shall not inure to the benefit of the
Sellers successors or assigns.
(d) Disposal.--The Secretary of the Army is authorized to dispose of
any property or associated real property interests that are subject to
the exercise of the right of first refusal as set forth herein.
Sec. 110. None of the funds made available in this Act may be used
by the Corps of Engineers to relocate, or study the relocation of, any
regional division headquarters of the Corps located at a military
installation or any permanent employees of such headquarters.
Sec. 111. (a) Section 5 of the Act entitled ``An Act authorizing the
construction of certain public works on rivers and harbors for flood
control, and for other purposes,'' approved June 22, 1936, (33 U.S.C.
701h), is amended by--
(1) inserting ``for work, which includes planning and
design,'' before ``to be expended'';
(2) striking ``flood control or environmental restoration
work'' and inserting ``water resources development study or
project''; and
(3) <> 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.
[[Page 859]]
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
[[Page 860]]
point (5) with coordinates 376040.35, 145768.96; thence running south 34
degrees 5 minutes 51.7 seconds west 707.11 feet to a point (6) with
coordinates 375643.94, 145183.41; thence running south 73 degrees 11
minutes 42.9 seconds west 1,300.00 feet to the end point (7) with
coordinates 374399.46, 144807.57; Returning at a point with coordinates
(8) with coordinates 374500.64, 144472.51; thence running north 73
degrees 11 minutes 42.9 seconds east 1,582.85 feet to a point (9) with
coordinates 376015.90, 144930.13; thence running north 34 degrees 5
minutes 51.7 seconds east 615.54 feet to a point (10) with coordinates
376360.97, 145439.85; thence running north 2 degrees 10 minutes 43.3
seconds west 2,236.21 feet to a point (11) with coordinates 376275.96,
147674.45; thence running north 8 degrees 4 minutes 55.6 seconds west
2,652.83 feet to a point (12) with coordinates 375902.99, 150300.93;
thence running north 46 degrees 54 minutes 30.7 seconds west 881.47 feet
to an end point (13) with coordinates 375259.29, 150903.12; and the 18-
Foot South Goat Island Channel beginning at a point (14) with
coordinates 375509.09, 149444.83; thence running south 25 degrees 44
minutes 0.5 second east 430.71 feet to a point (15) with coordinates
375696.10, 149056.84; thence running south 10 degrees 13 minutes 27.4
seconds east 1,540.89 feet to a point (16) with coordinates 375969.61,
147540.41; thence running south 4 degrees 29 minutes 11.3 seconds west
1,662.92 feet to a point (17) with coordinates 375839.53, 145882.59;
thence running south 34 degrees 5 minutes 51.7 seconds west 547.37 feet
to a point (18) with coordinates 375532.67, 145429.32; thence running
south 86 degrees 47 minutes 37.7 seconds west 600.01 feet to an end
point (19) with coordinates 374933.60, 145395.76; and the 18-Foot
Entrance Channel beginning at a point (20) with coordinates 374567.14,
144252.33; thence running north 73 degrees 11 minutes 42.9 seconds east
1,899.22 feet to a point (21) with coordinates 376385.26, 144801.42;
thence running north 2 degrees 10 minutes 41.5 seconds west 638.89 feet
to an end point (10) with coordinates 376360.97, 145439.85; and the 18-
Foot South Anchorage beginning at a point (22) with coordinates
376286.81, 147389.37; thence running north 78 degrees 56 minutes 15.6
seconds east 404.86 feet to a point (23) with coordinates 376684.14,
147467.05; thence running north 78 degrees 56 minutes 15.6 seconds east
1,444.33 feet to a point (24) with coordinates 378101.63, 147744.18;
thence running south 5 degrees 18 minutes 43.8 seconds west 1,228.20
feet to a point (25) with coordinates 377987.92, 146521.26; thence
running south 3 degrees 50 minutes 3.4 seconds east 577.84 feet to a
point (26) with coordinates 378026.56, 145944.71; thence running south
44 degrees 32 minutes 14.7 seconds west 2,314.09 feet to a point (27)
with coordinates 376403.52, 144295.24 thence running south 60 degrees 5
minutes 58.2 seconds west 255.02 feet to an end point (28) with
coordinates 376182.45, 144168.12; and the 13-Foot Anchorage beginning at
a point (29) with coordinates 376363.39, 143666.99; thence running north
63 degrees 34 minutes 19.3 seconds east 1,962.37 feet to a point (30)
with coordinates 378120.68, 144540.38; thence running north 3 degrees 50
minutes 3.1 seconds west 1,407.47 feet to an end point (26) with
coordinates 378026.56, 145944.71; and the 18-Foot East Channel beginning
at a point (23) with coordinates 376684.14, 147467.05; thence running
north 2 degrees 10 minutes 43.3 seconds west 262.95 feet to a point (31)
with coordinates 376674.14, 147729.81; thence running north 9 degrees 42
minutes 20.3 seconds
[[Page 861]]
west 301.35 feet to a point (32) with coordinates 376623.34, 148026.85;
thence running south 80 degrees 17 minutes 42.4 seconds west 313.6 feet
to a point (33) with coordinates 376314.23, 147973.99; thence running
north 7 degrees 47 minutes 21.9 seconds west 776.24 feet to an end point
(34) with coordinates 376209.02, 148743.06; and the 18-Foot North
Anchorage beginning at a point (35) with coordinates 376123.98,
148744.69; thence running south 88 degrees 54 minutes 16.2 seconds east
377.90 feet to a point (36) with coordinates 376501.82, 148737.47;
thence running north 9 degrees 42 minutes 19.0 seconds west 500.01 feet
to a point (37) with coordinates 376417.52, 149230.32; thence running
north 6 degrees 9 minutes 53.2 seconds west 1,300.01 feet to an end
point (38) with coordinates 376277.92, 150522.81.
(b) The area described by the following shall be redesignated as an
eighteen-foot channel and turning basin: Beginning at a point (1) with
coordinates N144759.41, E374413.16; thence running north 73 degrees 11
minutes 42.9 seconds east 1,252.88 feet to a point (2) with coordinates
N145121.63, E375612.53; thence running north 26 degrees 29 minutes 48.1
seconds east 778.89 feet to a point (3) with coordinates N145818.71,
E375960.04; thence running north 0 degrees 3 minutes 38.1 seconds west
1,200.24 feet to a point (4) with coordinates N147018.94, E375958.77;
thence running north 2 degrees 22 minutes 45.2 seconds east 854.35 feet
to a point (5) with coordinates N147872.56, E375994.23; thence running
north 7 degrees 47 minutes 21.9 seconds west 753.83 feet to a point (6)
with coordinates N148619.44, E375892.06; thence running north 88 degrees
46 minutes 16.7 seconds east 281.85 feet to a point (7) with coordinates
N148625.48, E376173.85; thence running south 7 degrees 47 minutes 21.9
seconds east 716.4 feet to a point (8) with coordinates N147915.69,
E376270.94; thence running north 80 degrees 17 minutes 42.3 seconds east
315.3 feet to a point (9) with coordinates N147968.85, E.76581.73;
thence running south 9 degrees 42 minutes 20.3 seconds east 248.07 feet
to a point (10) with coordinates N147724.33, E376623.55; thence running
south 2 degrees 10 minutes 43.3 seconds east 318.09 feet to a point (11)
with coordinates N147406.47, E376635.64; thence running north 78 degrees
56 minutes 15.6 seconds east 571.11 feet to a point (12) with
coordinates N147516.06, E377196.15; thence running south 88 degrees 57
minutes 2.3 seconds east 755.09 feet to a point (13) with coordinates
N147502.23, E377951.11; thence running south 1 degree 2 minutes 57.7
seconds west 100.00 feet to a point (14) with coordinates N147402.25,
E377949.28; thence running north 88 degrees 57 minutes 2.3 seconds west
744.48 feet to a point (15) with coordinates N147415.88, E377204.92;
thence running south 78 degrees 56 minutes 15.6 seconds west 931.17 feet
to a point (16) with coordinates N147237.21, E376291.06; thence running
south 39 degrees 26 minutes 18.7 seconds west 208.34 feet to a point
(17) with coordinates N147076.31, E376158.71; thence running south 0
degrees 3 minutes 38.1 seconds east 1,528.26 feet to a point (18) with
coordinates N145548.05, E376160.32; thence running south 26 degrees 29
minutes 48.1 seconds west 686.83 feet to a point (19) with coordinates
N144933.37, E375853.90; thence running south 73 degrees 11 minutes 42.9
seconds west 1,429.51 feet to end at a point (20) with coordinates
N144520.08, E374485.44.
Sec. 118. None of the funds made available to the Corps of
Engineers by this Act may be used for the removal or associated
[[Page 862]]
mitigation of Federal Energy Regulatory Commission Project number 2342.
Sec. 119. None of the funds made available by this Act may be used
for the study of the Missouri River Projects authorized in section 108
of the Energy and Water Development and Related Agencies Appropriations
Act, 2009 (division C of Public Law 111-8).
Sec. 120. None of the funds made available in this Act may be used
to continue the study conducted by the Army Corps of Engineers pursuant
to section 5018(a)(1) of the Water Resources Development Act of 2007.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $27,154,000, to remain available until expended, of
which $2,000,000 shall be deposited into the Utah Reclamation Mitigation
and Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission. In addition, for necessary expenses incurred in
carrying out related responsibilities of the Secretary of the Interior,
$1,550,000. For fiscal year 2012, the Commission may use an amount not
to exceed $1,500,000 for administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute authorized
functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian tribes,
and others, $895,000,000, to remain available until expended, of which
$10,698,000 shall be available for transfer to the Upper Colorado River
Basin Fund and $6,136,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts as may be
necessary may be advanced to the Colorado River Dam Fund: Provided,
That such transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That of the total
appropriated, the amount for program activities that can be financed by
the Reclamation Fund or the Bureau of Reclamation special fee account
established by 16 U.S.C. 460l-6a(i) shall be derived from that Fund or
account: Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for
[[Page 863]]
the purposes for which contributed: Provided further, That funds
advanced under 43 U.S.C. 397a shall be credited to this account and are
available until expended for the same purposes as the sums appropriated
under this heading: Provided further, That of the amounts provided
herein, funds may be used for high priority projects which shall be
carried out by the Youth Conservation Corps, as authorized by 16 U.S.C.
1706.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat restoration,
improvement, and acquisition provisions of the Central Valley Project
Improvement Act, $53,068,000, to be derived from such sums as may be
collected in the Central Valley Project Restoration Fund pursuant to
sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102-575, to
remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the funds
made available under this heading may be used for the acquisition or
leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans to
be approved by the Secretary of the Interior, $39,651,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further, That
the use of any funds provided to the California Bay-Delta Authority for
program-wide management and oversight activities shall be subject to the
approval of the Secretary of the Interior: Provided further, That
CALFED implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For necessary expenses of policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until September 30, 2013, $60,000,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
[[Page 864]]
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed five passenger motor vehicles, which are for
replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this Act for
Water and Related Resources, or provided by previous appropriations Acts
to the agencies or entities funded in title II of this Act for Water and
Related Resources that remain available for obligation or expenditure in
fiscal year 2012, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate;
(4) restarts or resumes any program, project or activity for
which funds are not provided in this Act, unless prior approval
is received from the Committees on Appropriations of the House
of Representatives and the Senate;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the
beginning of the fiscal year; or
(B) $300,000 for any program, project or activity
for which less than $2,000,000 is available at the
beginning of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than $5,000,000
to provide adequate funds for settled contractor claims,
increased contractor earnings due to accelerated rates of
operations, and real estate deficiency judgments, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) <> 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.
[[Page 865]]
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
[[Page 866]]
manner provided by that water user's then-current Central Valley Project
water service, repayment, or water rights settlement contract at the
rate provided by the then-current Central-Valley Project Irrigation or
Municipal and Industrial Rate Setting Policies; and: Provided further,
That in implementing this section, the Secretary of the Interior shall
comply with applicable environmental laws, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) Nothing herein
shall alter or limit the Secretary's existing authority to use
groundwater banking to meet existing fish and wildlife obligations.
Sec. 207. (a) Subject to compliance with all applicable Federal and
State laws, a transfer of irrigation water among Central Valley Project
contractors from the Friant, San Felipe, West San Joaquin, and Delta
divisions, and a transfer from a long-term Friant Division water service
or repayment contractor to a temporary or prior temporary service
contractors within the place of use in existence on the date of the
transfer, as identified in the Bureau of Reclamation water rights
permits for the Friant Division, shall be considered to meet the
conditions described in subparagraphs (A) and (I) of section 3405(a)(1)
of the Reclamation Projects Authorization and Adjustment Act of 1992
(Public Law 102-575; 106 Stat. 4709).
(b) The Secretary of the Interior, acting through the Director of
the United States Fish and Wildlife Service and the Commissioner of the
Bureau of Reclamation shall initiate and complete, on the most expedited
basis practicable, programmatic environmental compliance so as to
facilitate voluntary water transfers within the Central Valley Project,
consistent with all applicable Federal and State law.
(c) <> Not later than 180 days after the
date of enactment of this Act and each of the 4 years thereafter, the
Commissioner of the Bureau of Reclamation shall submit to the committee
on Appropriations of the House of Representatives and the Committee on
Appropriations of the Senate a report that describes the status of
efforts to help facilitate and improve the water transfers within the
Central Valley Project and water transfers between the Central Valley
Project and other water projects in the State of California; evaluates
potential effects of this Act on Federal programs, Indian tribes,
Central Valley Project operations, the environment, groundwater
aquifers, refuges, and communities; and provides recommendations on ways
to facilitate and improve the process for these transfers.
Sec. 208. (a) Permitted Uses.--Section 2507(b) of the Farm Security
and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107-
171) is amended--
(1) in the matter preceding paragraph (1), by striking ``In
any case in which there are willing sellers'' and inserting
``For the benefit of at-risk natural desert terminal lakes and
associated riparian and watershed resources, in any case in
which there are willing sellers or willing participants'';
(2) in paragraph (2), by striking ``in the Walker River''
and all that follows through ``119 Stat. 2268)''; and
(3) in paragraph (3), by striking ``in the Walker River
Basin''.
[[Page 867]]
(b) Walker Basin Restoration Program.--Section 208(b) of the Energy
and Water Development and Related Agencies Appropriations Act, 2010
(Public Law 111-85; 123 Stat. 2858) is amended--
(1) in paragraph (1)(B)(iv), by striking ``exercise water
rights'' and inserting ``manage land, water appurtenant to the
land, and related interests''; and
(2) in paragraph (2)(A), by striking ``The amount made
available under subsection (a)(1) shall be provided to the
National Fish and Wildlife Foundation'' and inserting ``Any
amount made available to the National Fish and Wildlife
Foundation under subsection (a) shall be provided''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(including rescission of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy activities
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $1,825,000,000, to remain
available until expended: Provided, That $165,000,000 shall be
available until September 30, 2013 for program direction: Provided
further, That for the purposes of allocating weatherization assistance
funds appropriated by this Act to States and tribes, the Secretary of
Energy may waive the allocation formula established pursuant to section
414(a) of the Energy Conservation and Production Act (42 U.S.C.
6864(a)): Provided further, That of the unobligated balances available
under this heading, $9,909,000 are hereby rescinded: Provided further,
That no amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery and energy reliability
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $139,500,000, to
remain available until expended: Provided, That $27,010,000 shall be
available until September 30, 2013 for program direction.
[[Page 868]]
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real property or
any facility or for plant or facility acquisition, construction, or
expansion, and the purchase of not more than 10 buses, all for
replacement only, $768,663,000, to remain available until expended:
Provided, That $91,000,000 shall be available until September 30, 2013
for program direction.
Fossil Energy Research and Development
(including rescission of funds)
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, and for conducting inquiries, technological investigations
and research concerning the extraction, processing, use, and disposal of
mineral substances without objectionable social and environmental costs
(30 U.S.C. 3, 1602, and 1603), $534,000,000, to remain available until
expended: Provided, That $120,000,000 shall be available until
September 30, 2013 for program direction: Provided further, That for
all programs funded under Fossil Energy appropriations in this Act or
any other Act, the Secretary may vest fee title or other property
interests acquired under projects in any entity, including the United
States: Provided further, That of prior-year balances, $187,000,000 are
hereby rescinded: Provided further, That no rescission made by the
previous proviso shall apply to any amount previously appropriated in
Public Law 111-5 or designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Naval Petroleum and Oil Shale Reserves
For expenses necessary to carry out naval petroleum and oil shale
reserve activities, $14,909,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, unobligated
funds remaining from prior years shall be available for all naval
petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant to
the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C.
6201 et seq.), $192,704,000, to remain available until expended.
[[Page 869]]
SPR Petroleum Account
(including rescission of funds)
Of the amounts deposited in the SPR Petroleum Account established
under section 167 of the Energy Policy and Conservation Act (42 U.S.C.
6247) in fiscal year 2011 which remain available for obligation under
that section, $500,000,000 are hereby permanently rescinded.
Northeast Home Heating Oil Reserve
(including rescission of funds)
For necessary expenses for Northeast Home Heating Oil Reserve
storage, operation, and management activities pursuant to the Energy
Policy and Conservation Act, $10,119,000, to remain available until
expended: Provided, That amounts net of the purchase of 1 million
barrels of petroleum distillates in fiscal year 2012; costs related to
transportation, delivery, and storage; and sales of petroleum distillate
from the Reserve under section 182 of the Energy Policy and Conservation
Act (42 U.S.C. 6250a) are hereby permanently rescinded: Provided
further, <> That notwithstanding section 181 of the
Energy Policy and Conservation Act (42 U.S.C. 6250), for fiscal year
2012 and hereafter, the Reserve shall contain no more than 1 million
barrels of petroleum distillate.
Energy Information Administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $105,000,000, to remain available until
expended.
Non-defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $235,721,000, to remain available until
expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment facility
decontamination and decommissioning, remedial actions, and other
activities of title II of the Atomic Energy Act of 1954, and title X,
subtitle A, of the Energy Policy Act of 1992, $472,930,000, to be
derived from the Uranium Enrichment Decontamination and Decommissioning
Fund, to remain available until expended.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
[[Page 870]]
other expenses necessary for science activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 49 passenger motor vehicles for
replacement only, including one ambulance and one bus, $4,889,000,000,
to remain available until expended: Provided, That $185,000,000 shall
be available until September 30, 2013 for program direction.
Advanced Research Projects Agency--Energy
For necessary expenses in carrying out the activities authorized by
section 5012 of the America COMPETES Act (Public Law 110-69), as
amended, $275,000,000: Provided, That $20,000,000 shall be available
until September 30, 2013 for program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b)(2) of the Energy Policy Act of 2005 under
this heading in prior Acts, shall be collected in accordance with
section 502(7) of the Congressional Budget Act of 1974: Provided, That
for necessary administrative expenses to carry out this Loan Guarantee
program, $38,000,000, is appropriated, to remain available until
expended: Provided further, That $38,000,000 of the fees collected
pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be
credited as offsetting collections to this account to cover
administrative expenses and shall remain available until expended, so as
to result in a final fiscal year 2012 appropriation from the general
fund estimated at not more than $0: Provided further, That fees
collected under section 1702(h) in excess of the amount appropriated for
administrative expenses shall not be available until appropriated.
Advanced Technology Vehicles Manufacturing Loan Program
For administrative expenses in carrying out the Advanced Technology
Vehicles Manufacturing Loan Program, $6,000,000, to remain available
until expended.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the hire of passenger motor vehicles and official reception
and representation expenses not to exceed $30,000, $237,623,000, to
remain available until September 30, 2013, plus such additional amounts
as necessary to cover increases in the estimated amount of cost of work
for others notwithstanding the provisions of the Anti-Deficiency Act (31
U.S.C. 1511 et seq.): Provided, That such increases in cost of work are
offset by revenue increases of the same or greater amount, to remain
available until expended: Provided further, That moneys received by the
Department for miscellaneous revenues estimated to total $111,623,000 in
fiscal year 2012 may be retained and used for operating expenses
[[Page 871]]
within this account, and may remain available until expended, as
authorized by section 201 of Public Law 95-238, notwithstanding the
provisions of 31 U.S.C. 3302: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscellaneous revenues
received during 2012, and any related appropriated receipt account
balances remaining from prior years' miscellaneous revenues, so as to
result in a final fiscal year 2012 appropriation from the general fund
estimated at not more than $126,000,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $42,000,000, to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, the purchase of not to
exceed one ambulance and one aircraft; $7,233,997,000, to remain
available until <> expended: Provided, That of such
amount not more than $89,425,000 may be made available for the B-61 Life
Extension Program until the Administrator of the National Nuclear
Security Administration submits to the Committees on Appropriations of
the House of Representatives and the Senate a final report on the Phase
6.2a design definition and cost study.
Defense Nuclear Nonproliferation
(including rescission of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one passenger motor vehicle for replacement only,
$2,324,303,000, to remain available until expended: Provided, That of
the unobligated balances available under this heading, $21,000,000 are
hereby rescinded: Provided further, That no amounts may be rescinded
from amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page 872]]
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,080,000,000,
to remain available until expended: Provided, That $40,000,000 shall be
available until September 30, 2013 for program direction.
Office of the Administrator
For necessary expenses of the Office of the Administrator in the
National Nuclear Security Administration, including official reception
and representation expenses not to exceed $12,000, $410,000,000, to
remain available until September 30, 2013.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one ambulance and one fire truck for replacement only,
$5,023,000,000, to remain available until expended: Provided, That
$321,628,000 shall be available until September 30, 2013 for program
direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense activities,
and classified activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and the purchase of not to exceed 10 passenger motor vehicles
for replacement only, $823,364,000: Provided, That $114,086,000 shall
be available until September 30, 2013 for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the Kootenai
River Native Fish Conservation Aquaculture Program, Lolo Creek Permanent
Weir Facility, and Improving Anadromous Fish production on the Warm
Springs Reservation, and, in addition, for official reception and
representation expenses in an amount
[[Page 873]]
not to exceed $7,000. During fiscal year 2012, no new direct loan
obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $8,428,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5
of the Flood Control Act of 1944, up to $8,428,000 collected by the
Southeastern Power Administration from the sale of power and related
services shall be credited to this account as discretionary offsetting
collections, to remain available until expended for the sole purpose of
funding the annual expenses of the Southeastern Power Administration:
Provided further, That the sum herein appropriated for annual expenses
shall be reduced as collections are received during the fiscal year so
as to result in a final fiscal year 2012 appropriation estimated at not
more than $0: Provided further, That, notwithstanding 31 U.S.C. 3302,
up to $100,162,000 collected by the Southeastern Power Administration
pursuant to the Flood Control Act of 1944 to recover purchase power and
wheeling expenses shall be credited to this account as offsetting
collections, to remain available until expended for the sole purpose of
making purchase power and wheeling expenditures: Provided further, That
for purposes of this appropriation, annual expenses means expenditures
that are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, for
construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the Southwestern Power Administration,
$45,010,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), up to $33,118,000 collected by the Southwestern
Power Administration from the sale of power and related services shall
be credited to this account as discretionary offsetting collections, to
remain available until expended, for the sole purpose of funding the
annual expenses of the Southwestern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2012 appropriation estimated at not more
than $11,892,000: Provided further, That, notwithstanding 31 U.S.C.
3302, up to $40,000,000 collected by the Southwestern Power
Administration pursuant to the Flood Control Act of 1944 to recover
purchase power and wheeling expenses shall
[[Page 874]]
be credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making purchase power
and wheeling expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, including official reception and representation
expenses in an amount not to exceed $1,500; $285,900,000, to remain
available until expended, of which $278,856,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $189,932,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2012 appropriation
estimated at not more than $95,968,000, of which $88,924,000 is derived
from the Reclamation Fund: Provided further, That of the amount herein
appropriated, not more than $3,375,000 is for deposit into the Utah
Reclamation Mitigation and Conservation Account pursuant to title IV of
the Reclamation Projects Authorization and Adjustment Act of 1992:
Provided further, That notwithstanding 31 U.S.C. 3302, up to
$306,541,000 collected by the Western Area Power Administration pursuant
to the Flood Control Act of 1944 and the Reclamation Project Act of 1939
to recover purchase power and wheeling expenses shall be credited to
this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $4,169,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954 (68
Stat. 255) as amended: Provided, That notwithstanding the provisions of
that Act and of 31 U.S.C. 3302, up to $3,949,000 collected by the
Western Area Power Administration from the sale of power and related
services from the Falcon and Amistad Dams shall be credited to this
account as discretionary offsetting collections, to remain available
until
[[Page 875]]
expended for the sole purpose of funding the annual expenses of the
hydroelectric facilities of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2012 appropriation estimated at not more than $220,000: Provided
further, That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that they are
incurred.
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C.
3109, the hire of passenger motor vehicles, and official reception and
representation expenses not to exceed $3,000, $304,600,000, to remain
available until expended: Provided, That <> 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.
[[Page 876]]
(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
[[Page 877]]
to that contained in the budget submitted by the President to
Congress under section 1105 of title 31, United States Code.
(2) The estimated expenditures and proposed appropriations
shaped by high-level, prioritized program and budgetary guidance
that is consistent with the administration's policies and out
year budget projections and reviewed by the Department of
Energy's (DOE) senior leadership to ensure that the future-years
energy program is consistent and congruent with previously
established program and budgetary guidance.
(3) A description of the anticipated workload requirements
for each DOE national laboratory during the 5-fiscal year
period.
(c) Consistency in Budgeting.--
(1) The Secretary of Energy shall ensure that amounts
described in subparagraph (A) of paragraph (2) for any fiscal
year are consistent with amounts described in subparagraph (B)
of paragraph (2) for that fiscal year.
(2) Amounts referred to in paragraph (1) are the following:
(A) The amounts specified in program and budget
information submitted to Congress by the Secretary of
Energy in support of expenditure estimates and proposed
appropriations in the budget submitted to Congress by
the President under section 1105(a) of title 31, United
States Code, for any fiscal year, as shown in the
future-years energy program submitted pursuant to
subsection (a).
(B) The total amounts of estimated expenditures and
proposed appropriations necessary to support the
programs, projects, and activities of the administration
included pursuant to paragraph (5) of section 1105(a) of
such title in the budget submitted to Congress under
that section for any fiscal year.
Sec. 305. Section 1702 of the Energy Policy Act of 2005 (42 U.S.C.
16512) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Specific Appropriation or Contribution.--
``(1) In general.--No guarantee shall be made unless--
``(A) an appropriation for the cost of the guarantee
has been made;
``(B) the Secretary has received from the borrower a
payment in full for the cost of the guarantee and
deposited the payment into the Treasury; or
``(C) a combination of one or more appropriations
under subparagraph (A) and one or more payments from the
borrower under subparagraph (B) has been made that is
sufficient to cover the cost of the guarantee.''.
Sec. 306. <> Plant or construction projects
for which amounts are made available under this and subsequent
appropriation Acts with a current estimated cost of less than
$10,000,000 are considered for purposes of section 4703 of Public Law
107-314 as a plant project for which the approved total estimated cost
does not exceed the minor construction threshold and for purposes of
section 4704 of Public Law 107-314 as a construction project with a
current estimated cost of less than a minor construction threshold.
Sec. 307. In section 839b(h)(10)(B) of title 16, United States
Code, strike ``$1,000,000'' and insert ``$2,500,000''.
[[Page 878]]
Sec. 308. None of the funds made available in this title shall be
used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight is
conducted by the Office of Health, Safety, and Security to ensure the
project is in compliance with nuclear safety requirements.
Sec. 309. Of the amounts appropriated in this title, $73,300,000
are hereby rescinded, to reflect savings from the contractor pay freeze
instituted by the Department. The Department shall allocate the
rescission among the appropriations made in this title.
Sec. 310. None of the funds made available in this title may be
used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental
guidance, for construction projects where the total project cost exceeds
$100,000,000, until a separate independent cost estimate has been
developed for the project for that critical decision.
Sec. 311. <> 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;
[[Page 879]]
(2) an estimate by the Secretary of the gross market value
of the uranium on the expected date of the transfer, sale,
barter, distribution, or other provision of the uranium;
(3) the expected date of transfer, sale, barter,
distribution, or other provision of the uranium;
(4) the recipient of the uranium; and
(5) the value of the services the Secretary expects to
receive in exchange for the uranium, including any reductions to
the gross value of the uranium by the recipient.
(c) <> 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).
[[Page 880]]
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended, for necessary
expenses for the Federal Co-Chairman and the Alternate on the
Appalachian Regional Commission, for payment of the Federal share of the
administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$68,263,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $29,130,000, to
remain available until September 30, <> 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.
[[Page 881]]
Northern Border Regional Commission
For necessary expenses of the Northern Border Regional Commission in
carrying out activities authorized by subtitle V of title 40, United
States Code, $1,497,000, to remain available until expended: Provided,
That such amounts shall be available for administrative expenses,
notwithstanding section 15751(b) of title 40, United States Code.
Southeast Crescent Regional Commission
For necessary expenses of the Southeast Crescent Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $250,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including official representation
expenses (not to exceed $25,000), $1,027,240,000, to remain available
until expended: Provided, That of the amount appropriated herein, not
more than $9,000,000 may be made available for salaries and other
support costs for the Office of the Commission: Provided further, That
revenues from licensing fees, inspection services, and other services
and collections estimated at $899,726,000 in fiscal year 2012 shall be
retained and used for necessary salaries and expenses in this account,
notwithstanding 31 U.S.C. 3302, and shall remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year 2012 so as
to result in a final fiscal year 2012 appropriation estimated at not
more than $127,514,000: Provided further, That of the amounts
appropriated under this heading, $10,000,000 shall be for university
research and development in areas relevant to their respective
organization's mission, and $5,000,000 shall be for a Nuclear Science
and Engineering Grant Program that will support multiyear projects that
do not align with programmatic missions but are critical to maintaining
the discipline of nuclear science and engineering.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$10,860,000, to remain available until September 30, 2013: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $9,774,000 in fiscal year 2012
shall be retained and be available until expended, for necessary
salaries and expenses in this account, notwithstanding section 3302 of
title 31, United States Code: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received during
fiscal year 2012 so as to result in a final fiscal year 2012
appropriation estimated at not more than $1,086,000.
[[Page 882]]
Nuclear Waste Technical Review Board
salaries and expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,400,000 to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects
For necessary expenses for the Office of the Federal Coordinator for
Alaska Natural Gas Transportation Projects pursuant to the Alaska
Natural Gas Pipeline Act of 2004, $1,000,000.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. (a) None of the funds provided in this title for ``Nuclear
Regulatory Commission--Salaries and Expenses'' shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(2) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(b) The Chairman of the Nuclear Regulatory Commission may not
terminate any program, project, or activity without the approval of a
majority vote of the Commissioners of the Nuclear Regulatory Commission
approving such action.
(c) <> The Nuclear
Regulatory Commission may waive the restriction on reprogramming under
subsection (a) on a case-by-case basis by certifying to the Committees
on Appropriations of the House of Representatives and the Senate that
such action is required to address national security or imminent risks
to public safety. Each such waiver certification shall include a letter
from the Chairman of the Commission that a majority of Commissioners of
the Nuclear Regulatory Commission have voted and approved the
reprogramming waiver certification.
Sec. 402. The Nuclear Regulatory Commission shall require reactor
licensees to re-evaluate the seismic, tsunami, flooding, and other
external hazards at their sites against current applicable Commission
requirements and guidance for such licenses as expeditiously as
possible, and thereafter when appropriate, as determined by the
Commission, and require each licensee to respond to the Commission that
the design basis for each reactor meets the requirements of its license,
current applicable Commission requirements and guidance for such
license. Based upon the evaluations conducted pursuant to this section
and other information it deems relevant, the Commission shall require
licensees to update the design basis for each reactor, if necessary.
[[Page 883]]
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''.
[[Page 884]]
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
[[Page 885]]
not to exceed $2,500 shall be available for official reception and
representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978,
including purchase (not to exceed 150 for replacement only for police-
type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b));
services authorized by 5 U.S.C. 3109, at such rates as may be determined
by the Inspector General for Tax Administration; $151,696,000, of which
not to exceed $500,000 shall be available for unforeseen emergencies of
a confidential nature, to be allocated and expended under the direction
of the Inspector General for Tax Administration; and of which not to
exceed $1,500 shall be available for official reception and
representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343), $41,800,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training
expenses, including for course development, of non-Federal and foreign
government personnel to attend meetings and training concerned with
domestic and foreign financial intelligence activities, law enforcement,
and financial regulation; not to exceed $14,000 for official reception
and representation expenses; and for assistance to Federal law
enforcement agencies, with or without reimbursement, $110,788,000, of
which not to exceed $34,335,000 shall remain available until September
30, 2014: Provided, That funds appropriated in this account may be used
to procure personal services contracts.
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading,
$950,000,000 are rescinded.
[[Page 886]]
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$217,805,000, of which not to exceed $4,210,000 shall remain available
until September 30, 2014, for information systems modernization
initiatives; and of which not to exceed $2,500 shall be available for
official reception and representation expenses.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$99,878,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under this
heading, $2,000,000 shall be for the costs of special law enforcement
agents to target tobacco smuggling and other criminal diversion
activities.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the United
States Mint is provided funding through the United States Mint Public
Enterprise Fund for costs associated with the production of circulating
coins, numismatic coins, and protective services, including both
operating expenses and capital investments. The aggregate amount of new
liabilities and obligations incurred during fiscal year 2012 under such
section 5136 for circulating coinage and protective service capital
investments of the United States Mint shall not exceed $20,000,000.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt issues of the
United States, $173,635,000, of which not to exceed $2,500 shall be
available for official reception and representation expenses, and of
which not to exceed $10,000,000 shall remain available until September
30, 2014 to reduce improper payments: Provided, That the sum
appropriated herein from the general fund for fiscal year 2012 shall be
reduced by not more than $8,000,000 as definitive security issue fees
and Legacy Treasury Direct Investor Account Maintenance fees are
collected, so as to result in a final fiscal year 2012 appropriation
from the general fund estimated at $165,635,000. In addition, $165,000
to be derived from the Oil Spill Liability Trust Fund to reimburse the
Bureau for administrative and personnel expenses for financial
management of the Fund, as authorized by section 1012 of Public Law 101-
380.
[[Page 887]]
Community Development Financial Institutions Fund Program Account
To carry out the Community Development Banking and Financial
Institutions Act of 1994 (Public Law 103-325), including services
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for ES-3, notwithstanding
section 4707(e) of title 12, United States Code with regard to Small
and/or Emerging Community Development Financial Institutions Assistance
awards, $221,000,000, to remain available until September 30, 2013; of
which $12,000,000, notwithstanding section 4707(e) of title 12, United
States Code, shall be for financial assistance, technical assistance,
training and outreach programs, designed to benefit Native American,
Native Hawaiian, and Alaskan Native communities and provided primarily
through qualified community development lender organizations with
experience and expertise in community development banking and lending in
Indian country, Native American organizations, tribes and tribal
organizations and other suitable providers; of which, notwithstanding
section 108(d) of such Act, up to $22,000,000 shall be for a Healthy
Food Financing Initiative to provide grants and loans to community
development financial institutions for the purpose of offering
affordable financing and technical assistance to expand the availability
of healthy food options in distressed communities; of which $18,000,000
shall be for the Bank Enterprise Awards program; and of which up to
$22,965,000 may be used for administrative expenses, including
administration of the New Markets Tax Credit; of which up to $10,315,000
may be used for the cost of direct loans; and of which up to $250,000
may be used for administrative expenses to carry out the direct loan
program: Provided, That the cost of direct loans, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize gross obligations for the principal amount of
direct loans not to exceed $25,000,000: Provided further, That of the
funds awarded under this heading, not less than 10 percent shall be used
for projects that serve populations living in persistent poverty
counties (where such term is defined as any county that has had 20
percent or more of its population living in poverty over the past 30
years, as measured by the 1990, 2000, and 2010 decennial censuses).
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education, filing
and account services, taxpayer advocacy services, and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $2,239,703,000, of which not less than $5,600,000 shall be
for the Tax Counseling for the Elderly Program, of which not less than
$9,750,000 shall be available for low-income taxpayer clinic grants, of
which not less than $12,000,000, to remain available until September 30,
2013, shall be available for a Community Volunteer Income Tax Assistance
matching grants program for tax return preparation assistance, of which
not less than $205,000,000 shall be available for operating
[[Page 888]]
expenses of the Taxpayer Advocate Service, and of which $15,481,000
shall be for expenses necessary to implement the tax credit in title II
of division A of the Trade Act of 2002 (Public Law 107-210).
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to provide
legal and litigation support, to conduct criminal investigations, to
enforce criminal statutes related to violations of internal revenue laws
and other financial crimes, to purchase (for police-type use, not to
exceed 850) and hire passenger motor vehicles (31 U.S.C. 1343(b)), and
to provide other services as authorized by 5 U.S.C. 3109, at such rates
as may be determined by the Commissioner, $5,299,367,000, of which not
less than $60,257,000 shall be for the Interagency Crime and Drug
Enforcement program.
operations support
For necessary expenses of the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and statistics of
income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $3,947,416,000, of which up to $250,000,000 shall remain
available until September 30, 2013, for information technology support;
of which up to $65,000,000 shall remain available until expended for
acquisition of real property, equipment, construction and renovation of
facilities; of which not to exceed $1,000,000 shall remain available
until September 30, 2014, for research; of which not less than
$2,000,000 shall be for the Internal Revenue Service Oversight Board; of
which not to exceed $25,000 shall be for official reception and
representation expenses: Provided, <> That not later than 14 days after the end of each quarter
of each fiscal year, the Internal Revenue Service shall submit a report
to the House and Senate Committees on Appropriations and the Comptroller
General of the United States detailing the cost and schedule performance
for its major information technology investments, including the purpose
and life-cycle stages of the investments; the reasons for any cost and
schedule variances; the risks of such investments and strategies the
Internal Revenue Service is using to mitigate such risks; and the
expected developmental milestones to be achieved and costs to be
incurred in the next quarter: Provided further, That the Internal
Revenue Service shall include, in its budget justification for fiscal
year 2013, a summary of cost and schedule performance information for
its major information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $330,210,000, to remain available until
September 30, 2014, for the capital asset acquisition of information
technology systems, including management and
[[Page 889]]
related contractual costs of said acquisitions, including related
Internal Revenue Service labor costs, and contractual costs associated
with operations authorized by 5 U.S.C. <> 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.
[[Page 890]]
Sec. 106. Not to exceed 2 percent of any appropriations in this Act
made available to the Departmental Offices--Salaries and Expenses,
Office of Inspector General, Special Inspector General for the Troubled
Asset Relief Program, Financial Management Service, Alcohol and Tobacco
Tax and Trade Bureau, Financial Crimes Enforcement Network, and Bureau
of the Public Debt, may be transferred between such appropriations upon
the advance approval of the Committees on Appropriations: Provided,
That no transfer may increase or decrease any such appropriation by more
than 2 percent.
Sec. 107. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred
to the Treasury Inspector General for Tax Administration's appropriation
upon the advance approval of the Committees on Appropriations:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 108. <> 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
[[Page 891]]
fiscal year 2012 until the enactment of the Intelligence Authorization
Act for Fiscal Year 2012.
Sec. 115. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
Sec. 116. Section 5114(c) of title 31, United States Code (relating
to engraving and printing currency and security documents), is amended
by striking ``for a period of not more than 4 years''.
Sec. 117. <> 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
[[Page 892]]
years for each capital investment project that has not been fully
completed.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2012''.
TITLE <> II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President
For compensation of the President, including an expense allowance at
the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $450,000:
Provided, That none of the funds made available for official expenses
shall be expended for any other purpose and any unused amount shall
revert to the Treasury pursuant to 31 U.S.C. 1552.
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, newspapers, periodicals,
and travel (not to exceed $100,000 to be expended and accounted for as
provided by 3 U.S.C. 103); and not to exceed $19,000 for official
entertainment expenses, to be available for allocation within the
Executive Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, $56,974,000.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating, and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $13,425,000, to be expended and
accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be made
in accordance with the provisions of this paragraph: Provided further,
That, notwithstanding any other provision of law, such amount for
reimbursable operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring
[[Page 893]]
a reimbursable political event to pay in advance an amount equal to the
estimated cost of the event, and all such advance payments shall be
credited to this account and remain available until expended: Provided
further, That the Executive Residence shall require the national
committee of the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for expenses
relating to reimbursable political events sponsored by such committee
during such fiscal year: Provided
further, <> 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.
[[Page 894]]
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the
Homeland Security Council, including services as authorized by 5 U.S.C.
3109, $13,048,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $112,952,000, of which $10,403,000 shall
remain available until expended for continued modernization of the
information technology infrastructure within the Executive Office of the
President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 44,
United States Code, $89,456,000, of which not to exceed $3,000 shall be
available for official representation expenses: Provided, That none of
the funds appropriated in this Act for the Office of Management and
Budget may be used for the purpose of reviewing any agricultural
marketing orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.): Provided further, That none of the funds made available for the
Office of Management and Budget by this Act may be expended for the
altering of the transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and Budget, before
the Committees on Appropriations or their subcommittees: Provided
further, That none of the funds provided in this or prior Acts shall be
used, directly or indirectly, by the Office of Management and Budget,
for evaluating or determining if water resource project or study reports
submitted by the Chief of Engineers acting through the Secretary of the
Army are in compliance with all applicable laws, regulations, and
requirements relevant to the Civil Works water resource
planning <> 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.
[[Page 895]]
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to
exceed $10,000 for official reception and representation expenses; and
for participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $24,500,000:
Provided, <> 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.
[[Page 896]]
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office of
National Drug Control Policy Reauthorization Act of 2006 (Public Law
109-469), $105,550,000, to remain available until expended, which shall
be available as follows: $92,000,000 for the Drug-Free Communities
Program, of which $2,000,000 shall be made available as directed by
section 4 of Public Law 107-82, as amended by Public Law 109-469 (21
U.S.C. 1521 note); $1,400,000 for drug court training and technical
assistance; $9,000,000 for anti-doping activities; $1,900,000 for the
United States membership dues to the World Anti-Doping Agency; and
$1,250,000 shall be made available as directed by section 1105 of Public
Law 109-469.
Integrated, Efficient and Effective Uses of Information Technology
(including transfer of funds)
For necessary expenses for the furtherance of integrated, efficient
and effective uses of information technology in the Federal Government,
$5,000,000, to remain available until expended: Provided, That the
Director of the Office of Management and Budget may transfer these funds
to one or more other agencies to carry out projects to meet these
purposes: Provided further, <> That the
Director of the Office of Management and Budget shall submit quarterly
reports to the Committees on Appropriations of the House and the Senate
identifying the savings achieved by the Office of Management and
Budget's government-wide information technology reform efforts:
Provided further, That such report shall include savings identified by
fiscal year, agency and appropriation.
Unanticipated Needs
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year, as
authorized by 3 U.S.C. 108, $988,000, to remain available until
September 30, 2013.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,328,000.
[[Page 897]]
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 for official entertainment expenses of the Vice President, to be
accounted for solely on his certificate, $307,000: Provided, That
advances or repayments or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfers of funds and rescissions)
Sec. 201. <> From funds made
available in this Act under the headings ``The White House'',
``Executive Residence at the White House'', ``White House Repair and
Restoration'', ``Council of Economic Advisers'', ``National Security
Council and Homeland Security Council'', ``Office of Administration'',
``Special Assistance to the President'', and ``Official Residence of the
Vice President'', the Director of the Office of Management and Budget
(or such other officer as the President may designate in writing), may,
15 days after giving notice to the Committees on Appropriations of the
House of Representatives and the Senate, transfer not to exceed 10
percent of any such appropriation to any other such appropriation, to be
merged with and available for the same time and for the same purposes as
the appropriation to which transferred: Provided, That the amount of an
appropriation shall not be increased by more than 50 percent by such
transfers: Provided further, That no amount shall be transferred from
``Special Assistance to the President'' or ``Official Residence of the
Vice President'' without the approval of the Vice President.
Sec. 202. <> The Director of the Office of
Management and Budget shall submit to the Committees on Appropriations
of the House and the Senate a report on the implementation of Executive
Order No. 13563 (76 Fed. Reg. 3821; relating to Improving Regulation and
Regulatory Review) by April 2, 2012. The report shall include
information on--
(a) increasing public participation in the rulemaking
process and reducing uncertainty;
(b) improving coordination across Federal agencies to
eliminate redundant, inconsistent, and overlapping regulations;
and
(c) identifying existing regulations that have been reviewed
and determined to be outmoded, ineffective, or excessively
burdensome.
Sec. 203. <> Within 120 days after the
date of enactment of this section, the Director of the Office of
Management and Budget shall submit a report to the Committees on
Appropriations of the House and the Senate on the costs of implementing
the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public
Law 111-203). Such report shall include--
[[Page 898]]
(1) the estimated mandatory and discretionary obligations of
funds through fiscal year 2014, by Federal agency and by fiscal
year, including--
(A) the estimated obligations by cost inputs such as
rent, information technology, contracts, and personnel;
(B) the methodology and data sources used to
calculate such estimated obligations; and
(C) the specific section of such Act that requires
the obligation of funds; and
(2) the estimated receipts through fiscal year 2014 from
assessments, user fees, and other fees by the Federal agency
making the collections, by fiscal year, including--
(A) the methodology and data sources used to
calculate such estimated collections; and
(B) the specific section of such Act that authorizes
the collection of funds.
Sec. 204. <> The Director of the Office
of National Drug Control Policy shall submit to the Committees on
Appropriations of the House of Representatives and the Senate not later
than 60 days after the date of enactment of this Act, and prior to the
initial obligation of more than 20 percent of the funds appropriated in
any account under the heading ``Office of National Drug Control
Policy'', a detailed narrative and financial plan on the proposed uses
of all funds under the account by program, project, and activity:
Provided, That the reports required by this section shall be updated and
submitted to the Committees on Appropriations every 6 months and shall
include information detailing how the estimates and assumptions
contained in previous reports have changed: Provided further, That any
new projects and changes in funding of ongoing projects shall be subject
to the prior approval of the Committees on Appropriations.
Sec. 205. Not to exceed 2 percent of any appropriations in this Act
made available to the Office of National Drug Control Policy may be
transferred between appropriated programs upon the advance approval of
the Committees on Appropriations: Provided, That no transfer may
increase or decrease any such appropriation by more than 3 percent.
Sec. 206. Not to exceed $1,000,000 of any appropriations in this
Act made available to the Office of National Drug Control Policy may be
reprogrammed within a program, project, or activity upon the advance
approval of the Committees on Appropriations.
Sec. 207. From the unobligated balances of prior year
appropriations made available for the Counterdrug Technology Assessment
Center, $5,244,639 are rescinded.
Sec. 208. From the unobligated balances of prior year
appropriations made available for Other Federal Drug Control Programs,
$359,958 for a chronic users study and $5,723,403 for the National Anti-
Drug Youth Media Campaign are rescinded.
Sec. 209. Of the unobligated balances available under the heading
``Executive Office of the President and Funds Appropriated to the
President--Partnership Fund for Program Integrity Innovation'' in title
II of division C of the Consolidated Appropriations Act, 2010 (Public
Law 111-117), $10,000,000 are rescinded. In addition to the amounts made
available under such heading in this Act, $10,000,000 are appropriated,
to remain available until September 30, 2013.
[[Page 899]]
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
[[Page 900]]
and ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for furniture
and furnishings related to new space alteration and construction
projects.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$5,000,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A and 3599, and for the
compensation and reimbursement of expenses of persons furnishing
investigative, expert, and other services for such representations as
authorized by law; the compensation (in accordance with the maximums
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and reimbursement of
expenses of attorneys appointed to represent jurors in civil actions for
the protection of their employment, as authorized by 28 U.S.C.
1875(d)(1); the compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial
civil forfeiture proceedings; the compensation and reimbursement of
travel expenses of guardians ad litem appointed under 18 U.S.C. 4100(b);
and for necessary training and general administrative expenses,
$1,031,000,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $51,908,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfers of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses and
other facilities housing Federal court operations, and the procurement,
installation, and maintenance of security systems and equipment for
United States courthouses and other facilities housing Federal court
operations, including building ingress-egress control, inspection of
mail and packages, directed security patrols, perimeter security, basic
security services provided by the Federal Protective Service, and other
similar activities as authorized by section 1010 of the Judicial
Improvement and Access to Justice Act (Public Law 100-702),
$500,000,000, of which not
[[Page 901]]
to exceed $15,000,000 shall remain available until expended, to be
expended directly or transferred to the United States Marshals Service,
which shall be responsible for administering the Judicial Facility
Security Program consistent with standards or guidelines agreed to by
the Director of the Administrative Office of the United States Courts
and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by 31
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $82,909,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $27,000,000; of which $1,800,000 shall remain
available through September 30, 2013, to provide education and training
to Federal court personnel; and of which not to exceed $1,500 is
authorized for official reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as authorized
by 28 U.S.C. 377(o), $86,968,000; to the Judicial Survivors' Annuities
Fund, as authorized by 28 U.S.C. 376(c), $12,600,000; and to the United
States Court of Federal Claims Judges' Retirement Fund, as authorized by
28 U.S.C. 178(l), $4,200,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $16,500,000, of which not
to exceed $1,000 is authorized for official reception and representation
expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act
[[Page 902]]
may be transferred between such appropriations, but no such
appropriation, except ``Courts of Appeals, District Courts, and Other
Judicial Services, Defender Services'' and ``Courts of Appeals, District
Courts, and Other Judicial Services, Fees of Jurors and Commissioners'',
shall be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be treated as
a reprogramming of funds under sections 604 and 608 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts, and
Other Judicial Services'' shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office of the
United States Courts in the capacity as Secretary of the Judicial
Conference.
Sec. 304. <> 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
[[Page 903]]
to pay up to $2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds may be
prioritized on the basis of a resident's academic merit, the income and
need of eligible students and such other factors as may be authorized:
Provided further, <> 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
[[Page 904]]
District of Columbia Courts may reallocate not more than $3,000,000 of
the funds provided under this heading among the items and entities
funded under this heading but no such allocation shall be increased by
more than 10 percent.
federal payment for defender services in district of columbia courts
(including transfer of funds)
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad litem
representation, training, technical assistance, and such other services
as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments authorized
under section 21-2060, D.C. Official Code (relating to services provided
under the District of Columbia Guardianship, Protective Proceedings, and
Durable Power of Attorney Act of 1986), $55,000,000, to remain available
until expended: Provided, That funds provided under this heading shall
be administered by the Joint Committee on Judicial Administration in the
District of Columbia: Provided further, That notwithstanding any other
provision of law, this appropriation shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended in the
same manner as funds appropriated for expenses of other Federal
agencies: Provided further, That not more than $10,000,000 of the funds
provided in this account may be transferred to, and merged with, funds
made available under the heading ``Federal Payment to the District of
Columbia Courts'' for District of Columbia courthouse facilities.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$212,983,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs; of which not to exceed $25,000 is for
dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002; of which $1,000,000 shall remain available until September 30,
2014 for relocation of the Pretrial Services Agency drug testing
laboratory; of which $153,548,000 shall be for necessary expenses of
Community Supervision and Sex Offender Registration, to include expenses
relating to the supervision of adults subject to protection orders or
the provision of services for or related to such persons; of which
$59,435,000 shall be available to the Pretrial Services Agency:
Provided, That notwithstanding any other provision of law, all amounts
under this heading shall be apportioned quarterly by
[[Page 905]]
the Office of Management and Budget and obligated and expended in the
same manner as funds appropriated for salaries and expenses of other
Federal agencies: Provided further, That not less than $1,500,000 shall
be available for re-entrant housing in the District of Columbia:
Provided further, That the Director is authorized to accept and use
gifts in the form of in-kind contributions of space and hospitality to
support offender and defendant programs, and equipment and vocational
training services to educate and train offenders and defendants:
Provided further, <> That the
Director shall keep accurate and detailed records of the acceptance and
use of any gift or donation under the previous proviso, and shall make
such records available for audit and public inspection: Provided
further, That the Court Services and Offender Supervision Agency
Director is authorized to accept and use reimbursement from the District
of Columbia Government for space and services provided on a cost
reimbursable basis.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $37,241,000: Provided, That notwithstanding
any other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of Federal agencies.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $15,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan: Provided,
That the District of Columbia Water and Sewer Authority provides a 100
percent match for this payment.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$1,800,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30, 2013,
to the Commission on Judicial Disabilities and Tenure, $295,000, and for
the Judicial Nomination Commission, $205,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $60,000,000, to remain available until expended,
for payments authorized under the Scholarship for Opportunity and
Results Act (division C of Public Law 112-10).
[[Page 906]]
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$375,000, to remain available until expended for the Major General David
F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing of
individuals for, and the treatment of individuals with, human
immunodeficiency virus and acquired immunodeficiency syndrome in the
District of Columbia, $5,000,000.
District of Columbia Funds
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the General Fund of the District of
Columbia (``General Fund''), except as otherwise specifically provided:
Provided, That notwithstanding any other provision of law, except as
provided in section 450A of the District of Columbia Home Rule Act, (114
Stat. 2440; D.C. Official Code, section 1-204.50a) and provisions of
this Act, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 2012 under this
heading shall not exceed the lesser of the sum of the total revenues of
the District of Columbia for such fiscal year or $10,916,966,000 (of
which $6,208,646,000 shall be from local funds, (including $526,594,000
from dedicated taxes), $1,015,449,000 shall be from Federal grant funds,
$1,499,115,000 from Medicaid payments, $2,040,504,000 shall be from
other funds, and $25,677,000 shall be from private funds, and
$127,575,000 shall be from funds previously appropriated in this Act as
Federal payments: Provided further, That of the local funds, such
amounts as may be necessary may be derived from the District's General
Fund <> balance: Provided further, That of these
funds the District's intra-District authority shall be $619,632,000: in
addition, for capital construction projects, an increase of
$4,007,501,000, of which $2,934,011,000 shall be from local funds,
$223,858,000 from the District of Columbia Highway Trust Fund,
$33,140,000 from the Local Transportation Fund, $816,492,000 from
Federal grant funds, and a rescission of $2,849,882,000 of which
$1,796,345,000 shall be from local funds, $749,426,000 from Federal
grant funds, $252,694,000 from the District of Columbia Highway Trust
Fund, and $51,416,000 from the Local Transportation Fund appropriated
under this heading in prior fiscal years, for a net amount of
$1,157,619,000, to remain available until expended: Provided further,
That the amounts provided under this heading are to be available,
allocated, and expended as proposed under title III of the Fiscal Year
2012 Budget Request Act of 2011, at the rate set forth under ``District
of Columbia Funds Division of Expenses'' as included in the Fiscal Year
2012 Proposed Budget and Financial Plan submitted to the Congress by the
District of Columbia: Provided further, That this amount may be
increased by proceeds of one-time transactions, which are expended for
emergency or unanticipated operating or capital needs: Provided
further, That such increases shall be approved by enactment of local
District law and shall comply with all reserve requirements contained in
the District of Columbia Home Rule Act: Provided further, That
[[Page 907]]
the Chief Financial Officer of the District of Columbia shall take such
steps as are necessary to assure that the District of Columbia meets
these requirements, including the apportioning by the Chief Financial
Officer of the appropriations and funds made available to the District
during fiscal year 2012, except that the Chief Financial Officer may not
reprogram for operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2012''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $2,900,000, to remain
available until September 30, 2013, of which not to exceed $1,000 is for
official reception and representation expenses.
Christopher Columbus Fellowship Foundation
salaries and expenses
For payment to the Christopher Columbus Fellowship Foundation,
established by section 423 of Public Law 102-281, $450,000, to remain
available until expended.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $4,000 for
official reception and representation expenses, $114,500,000, of which
$500,000 shall remain available until September 30, 2013, to implement
the Virginia Graeme Baker Pool and Spa Safety Act grant program as
provided by section 1405 of Public Law 110-140 (15 U.S.C. 8004).
administrative provisions--consumer product safety commission
Sec. 501. Section 4(g) of the Consumer Product Safety Act (15
U.S.C. 2053(g)) is amended by adding at the end the following:
``(5) The Chairman may provide to officers and employees of
the Commission who are appointed or assigned by the Commission
to serve abroad (as defined in section 102 of the Foreign
Service Act of 1980 (22 U.S.C. 3902)) travel benefits similar to
those authorized for members of the Foreign Service
[[Page 908]]
of the United Service under chapter 9 of such Act (22 U.S.C.
4081 et seq.).''.
Sec. 502. (a) Extension of Grant Program.--Section 1405(e) of the
Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8004(e)) is
amended by striking ``2011'' and inserting ``2012''.
(b) New Swimming Pools.--Section 1405(b) of the Virginia Graeme
Baker Pool and Spa Safety Act (15 U.S.C. 8004 (b)) is amended by
inserting ``constructed after the date that is 6 months after the date
of enactment of the Financial Services and General Government
Appropriations Act, 2012'' after ``swimming pools''.
Sec. 503. <> 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
[[Page 909]]
authorized by 5 U.S.C. 3109, $339,844,000: Provided, That $339,844,000
of offsetting collections shall be assessed and collected pursuant to
section 9 of title I of the Communications Act of 1934, shall be
retained and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That the sum
herein appropriated shall be reduced as such offsetting collections are
received during fiscal year 2012 so as to result in a final fiscal year
2012 appropriation estimated at $0: Provided further, That any
offsetting collections received in excess of $339,844,000 in fiscal year
2012 shall not be available for obligation: Provided further, That
remaining offsetting collections from prior years collected in excess of
the amount specified for collection in each such year and otherwise
becoming available on October 1, 2011, shall not be available for
obligation: Provided further, That notwithstanding 47 U.S.C.
309(j)(8)(B), proceeds from the use of a competitive bidding system that
may be retained and made available for obligation shall not exceed
$85,000,000 for fiscal year 2012: Provided further, That of the amount
appropriated under this heading, not less than $9,750,000 shall be for
the salaries and expenses of the Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act <> is amended by
striking ``December 31, 2011'', each place it appears and inserting
``December 31, 2013''.
Sec. 511. None of the funds appropriated by this Act may be used by
the Federal Communications Commission to modify, amend, or change its
rules or regulations for universal service support payments to implement
the February 27, 2004 recommendations of the Federal-State Joint Board
on Universal Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$45,261,000, to be derived from the Deposit Insurance Fund or, only when
appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $66,367,000, of which not to exceed
$5,000 shall be available for reception and representation expenses.
[[Page 910]]
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
and the Civil Service Reform Act of 1978, including services authorized
by 5 U.S.C. 3109, and including hire of experts and consultants, hire of
passenger motor vehicles, and including official reception and
representation expenses (not to exceed $1,500) and rental of conference
rooms in the District of Columbia and elsewhere, $24,723,000: Provided,
That public members of the Federal Service Impasses Panel may be paid
travel expenses and per diem in lieu of subsistence as authorized by law
(5 U.S.C. 5703) for persons employed intermittently in the Government
service, and compensation as authorized by 5 U.S.C. 3109: Provided
further, That notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management relations
conferences shall be credited to and merged with this account, to be
available without further appropriation for the costs of carrying out
these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $311,563,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $108,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall
be retained and used for necessary expenses in this appropriation:
Provided further, That, notwithstanding any other provision of law, not
to exceed $21,000,000 in offsetting collections derived from fees
sufficient to implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and Abuse
Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this
account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2012, so as to result in a final fiscal year
2012 appropriation from the general fund estimated at not more than
$182,563,000: Provided further, That none of the funds made available
to the Federal Trade Commission may be used to implement subsection
(e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12 U.S.C.
1831t).
[[Page 911]]
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
Amounts in the Fund, including revenues and collections deposited
into the Fund shall be available for necessary expenses of real property
management and related activities not otherwise provided for, including
operation, maintenance, and protection of federally owned and leased
buildings; rental of buildings in the District of Columbia; restoration
of leased premises; moving governmental agencies (including space
adjustments and telecommunications relocation expenses) in connection
with the assignment, allocation and transfer of space; contractual
services incident to cleaning or servicing buildings, and moving; repair
and alteration of federally owned buildings including grounds,
approaches and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for public
buildings acquired by installment purchase and purchase contract; in the
aggregate amount of $8,017,967,000, of which: (1) $50,000,000 shall
remain available until expended for construction and acquisition
(including funds for sites and expenses, and associated design and
construction services):
Provided, <> 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 <