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pdfPUBLIC LAW 112–74—DEC. 23, 2011
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CONSOLIDATED APPROPRIATIONS ACT, 2012
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PUBL074
125 STAT. 786
PUBLIC LAW 112–74—DEC. 23, 2011
Public Law 112–74
112th Congress
An Act
Dec. 23, 2011
[H.R. 2055]
Consolidated
Appropriations
Act, 2012.
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.
Sec.
Sec.
Sec.
Sec.
1.
2.
3.
4.
5.
Short title.
Table of contents.
References.
Statement of appropriations.
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
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Title
Title
Title
Title
Title
Title
Title
Title
DIVISION C—FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2012
I—Department of the Treasury
II—Executive Office of the President and Funds Appropriated to the President
III—The Judiciary
IV—District of Columbia
V—Independent agencies
VI—General provisions—This Act
VII—General provisions—Government-wide
VIII—General provisions—District of Columbia
DIVISION D—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS
ACT, 2012
Title I—Departmental management and operations
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
Title
Title
Title
Title
125 STAT. 787
II—Security, enforcement, and investigations
III—Protection, preparedness, response, and recovery
IV—Research and development, training, and services
V—General provisions
DIVISION E—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2012
Title
Title
Title
Title
I—Department of the Interior
II—Environmental Protection Agency
III—Related agencies
IV—General provisions
DIVISION F—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES,
AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012
Title
Title
Title
Title
Title
I—Department of Labor
II—Department of Health and Human Services
III—Department of Education
IV—Related agencies
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
Title
Title
Title
Title
I—Department of Defense
II—Department of Veterans Affairs
III—Related agencies
IV—Overseas contingency operations
V—General provisions
DIVISION I—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND
RELATED PROGRAMS APPROPRIATIONS ACT, 2012
Title
Title
Title
Title
Title
Title
Title
Title
I—Department of State and related agency
II—United States Agency for International Development
III—Bilateral economic assistance
IV—International security assistance
V—Multilateral assistance
VI—Export and investment assistance
VII—General provisions
VIII—Overseas contingency operations
SEC. 3. REFERENCES.
1 USC 1 note.
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.
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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.
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PUBL074
125 STAT. 788
PUBLIC LAW 112–74—DEC. 23, 2011
DIVISION A—DEPARTMENT OF DEFENSE
APPROPRIATIONS ACT, 2012
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.
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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.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 789
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army Reserve on active
duty under sections 10211, 10302, and 3038 of title 10, United
States Code, or while serving on active duty under section 12301(d)
of title 10, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States Code,
or while undergoing reserve training, or while performing drills
or equivalent duty or other duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $4,289,407,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Navy Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and expenses
authorized by section 16131 of title 10, United States Code; and
for payments to the Department of Defense Military Retirement
Fund, $1,935,544,000.
RESERVE PERSONNEL, MARINE CORPS
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Marine Corps Reserve
on active duty under section 10211 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title
10, United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent
duty, and for members of the Marine Corps platoon leaders class,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $644,722,000.
RESERVE PERSONNEL, AIR FORCE
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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
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PUBL074
125 STAT. 790
PUBLIC LAW 112–74—DEC. 23, 2011
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
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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;
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 791
and not to exceed $7,699,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or authority
of the Secretary of the Air Force, and payments may be made
on his certificate of necessity for confidential military purposes,
$34,985,486,000.
OPERATION
AND
MAINTENANCE, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $30,152,008,000: Provided, That not more than
$47,026,000 may be used for the Combatant Commander Initiative
Fund authorized under section 166a of title 10, United States
Code: Provided further, That not to exceed $36,000,000 can be
used for emergencies and extraordinary expenses, to be expended
on the approval or authority of the Secretary of Defense, and
payments may be made on his certificate of necessity for confidential
military purposes: Provided further, That of the funds provided
under this heading, not less than $34,311,000 shall be made available for the Procurement Technical Assistance Cooperative Agreement Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That
none of the funds appropriated or otherwise made available by
this Act may be used to plan or implement the consolidation of
a budget or appropriations liaison office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one of the Armed Forces
into a legislative affairs or legislative liaison office: Provided further,
That $8,420,000, to remain available until expended, is available
only for expenses relating to certain classified activities, and may
be transferred as necessary by the Secretary of Defense to operation
and maintenance appropriations or research, development, test and
evaluation appropriations, to be merged with and to be available
for the same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item unit
cost of items that may be purchased with operation and maintenance funds shall not apply to the funds described in the preceding
proviso: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
OPERATION
AND
MAINTENANCE, ARMY RESERVE
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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
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PUBL074
125 STAT. 792
PUBLIC LAW 112–74—DEC. 23, 2011
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.
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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.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
UNITED STATES COURT
OF
APPEALS
FOR THE
125 STAT. 793
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.
Determination.
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.
Determinations.
ENVIRONMENTAL RESTORATION, AIR FORCE
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(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
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Determinations.
PUBL074
125 STAT. 794
PUBLIC LAW 112–74—DEC. 23, 2011
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)
Determinations.
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)
Determinations.
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.
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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,
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 795
and 2561 of title 10, United States Code), $107,662,000, to remain
available until September 30, 2013.
COOPERATIVE THREAT REDUCTION ACCOUNT
For assistance to the republics of the former Soviet Union
and, with appropriate authorization by the Department of Defense
and Department of State, to countries outside of the former Soviet
Union, including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation
and storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components, and weapon-related technology and expertise; for programs
relating to the training and support of defense and military personnel for demilitarization and protection of weapons, weapons
components and weapons technology and expertise, and for defense
and military contacts, $508,219,000, to remain available until September 30, 2014: Provided, That of the amounts provided under
this heading, not less than $13,500,000 shall be available only
to support the dismantling and disposal of nuclear submarines,
submarine reactor components, and security enhancements for
transport and storage of nuclear warheads in the Russian Far
East and North.
DEPARTMENT
OF
DEFENSE ACQUISITION WORKFORCE DEVELOPMENT
FUND
For the Department of Defense Acquisition Workforce Development Fund, $105,501,000.
TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $5,360,334,000, to
remain available for obligation until September 30, 2014.
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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
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125 STAT. 796
PUBLIC LAW 112–74—DEC. 23, 2011
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
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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
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 797
parts, and accessories therefor; specialized equipment; expansion
of public and private plants, including the land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government
and
contractor-owned
equipment
layaway,
$17,675,734,000, to remain available for obligation until September
30, 2014.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government
and
contractor-owned
equipment
layaway,
$3,224,432,000, to remain available for obligation until September
30, 2014.
PROCUREMENT
OF
AMMUNITION, NAVY
AND
MARINE CORPS
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $626,848,000, to
remain available for obligation until September 30, 2014.
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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;
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PUBL074
125 STAT. 798
Vessels.
PUBLIC LAW 112–74—DEC. 23, 2011
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.
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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.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 799
AIRCRAFT PROCUREMENT, AIR FORCE
(INCLUDING TRANSFER OF FUNDS)
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories
therefor; specialized equipment; expansion of public and private
plants, Government-owned equipment and installation thereof in
such plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $12,950,000,000,
to remain available for obligation until September 30, 2014: Provided, That of the amount made available under this heading,
$63,500,000 made available for C–130J aircraft shall be transferred
to the Department of Homeland Security, Coast Guard, ‘‘Acquisition,
Construction, and Improvements’’: Provided further, That the
transfer authority provided under this heading is in addition to
any other transfer authority provided elsewhere in this Act.
MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts
and accessories therefor, ground handling equipment, and training
devices; expansion of public and private plants, Government-owned
equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $6,080,877,000, to remain available for
obligation until September 30, 2014.
PROCUREMENT
OF
AMMUNITION, AIR FORCE
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $499,185,000, to
remain available for obligation until September 30, 2014.
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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
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125 STAT. 800
PUBLIC LAW 112–74—DEC. 23, 2011
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 contractorowned 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.
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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.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
RESEARCH, DEVELOPMENT, TEST
AND
125 STAT. 801
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
Deadline.
Notification.
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
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REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For the Defense Working Capital Funds, $1,575,010,000.
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125 STAT. 802
PUBLIC LAW 112–74—DEC. 23, 2011
NATIONAL DEFENSE SEALIFT FUND
Contracts.
Contracts.
Waiver authority.
Certification.
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.
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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
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 803
that are not in the chemical weapon stockpile, $1,554,422,000,
of which $1,147,691,000 shall be for operation and maintenance,
of which no less than $71,211,000, shall be for the Chemical Stockpile Emergency Preparedness Program, consisting of $19,211,000
for activities on military installations and $52,000,000, to remain
available until September 30, 2013, to assist State and local governments and $406,731,000, to remain available until September 30,
2013, shall be for research, development, test and evaluation, of
which $401,768,000 shall only be for the Assembled Chemical
Weapons Alternatives (ACWA) program.
DRUG INTERDICTION
AND
COUNTER-DRUG ACTIVITIES, DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the
Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United
States Code; for operation and maintenance; for procurement; and
for research, development, test and evaluation, $1,209,620,000: Provided, That the funds appropriated under this heading shall be
available for obligation for the same time period and for the same
purpose as the appropriation to which 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
Determination.
Implementation
plan.
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
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RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT
SYSTEM FUND
AND
DISABILITY
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding level
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125 STAT. 804
PUBLIC LAW 112–74—DEC. 23, 2011
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
10 USC 1584
note.
Pay rates.
Foreign
nationals.
Turkey.
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.
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(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
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 805
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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.
Notification.
Reprogramming
requests.
Deadline.
Applicability.
Deadline.
Reports.
Certification.
(TRANSFER OF FUNDS)
SEC. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established
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125 STAT. 806
Notification.
Notification.
Notification.
Deadline.
Contracts.
Notification.
Deadlines.
10 USC 2306b
note.
Deadline.
Notification.
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Budget request.
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PUBLIC LAW 112–74—DEC. 23, 2011
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;
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125 STAT. 807
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for
a multiyear procurement contract as follows:
UH–60M/HH–60M and MH–60R/MH–60S Helicopter Airframes; and MH–60R/S Mission Avionics and Common Cockpits.
SEC. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code,
for humanitarian and civic assistance costs under chapter 20 of
title 10, United States Code. 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 fulltime student is credited toward completion of a service commitment:
Provided, That this section shall not apply to those members who
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Humanitarian
assistance.
Territories.
Budget request.
Effective date.
Lobbying.
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PUBLIC LAW 112–74—DEC. 23, 2011
have reenlisted with this option prior to October 1, 1987: Provided
further, That this section applies only to active components of
the Army.
Applicability.
(TRANSFER OF FUNDS)
Anchor and
mooring chain.
Waiver authority.
Certification.
Arms and
munitions.
Certification.
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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
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125 STAT. 809
(25 U.S.C. 1544): Provided, That a prime contractor or a subcontractor at any tier that makes a subcontract award to any subcontractor or supplier as defined in section 1544 of title 25, United
States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25,
United States Code, shall be considered a contractor for the purposes of being allowed additional compensation under section 504
of the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever
the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
Appropriations for the Department of Defense with respect to any
fiscal year: Provided further, 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
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Kuwait.
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Contracts.
Applicability.
Waiver authority.
Certification.
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PUBLIC LAW 112–74—DEC. 23, 2011
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
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125 STAT. 811
repair of aircraft, vehicles and vessels as well as the production
of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities
and private firms: Provided, 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
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Certification.
Determination.
Contracts.
Rescission.
41 USC 8304
note.
Memorandum.
Reports.
Definition.
Housing.
Native
Americans.
State listing.
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Budget request.
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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.
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125 STAT. 813
SEC. 8034. Of the funds appropriated to the Department of
Defense under the heading ‘‘Operation and Maintenance, DefenseWide’’, 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.
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Labeling.
Fraud.
Debarment.
Contracts.
Determination.
Determination.
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Determination.
Certification.
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(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-bycase 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, DefenseWide’’ 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
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125 STAT. 815
of title 10, United States Code, and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have
full authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that—
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O’Day Act (section 8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian SelfDetermination 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.
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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;
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North Korea.
Waiver authority.
Certification.
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PUBLIC LAW 112–74—DEC. 23, 2011
‘‘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, DefenseWide, 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
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 817
congressional defense committees that the beneficiary population
is declining in some catchment areas and civilian strength reductions may be consistent with responsible resource stewardship and
capitation-based budgeting.
SEC. 8045. (a) None of the funds available to the Department
of Defense for any fiscal year for drug interdiction or counterdrug 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-bycase 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
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Drugs and drug
abuse.
10 USC 374 note.
50 USC 403f
note.
Ball and roller
bearings.
Waiver authority.
Certification.
Applicability.
Supercomputer.
Certification.
Salaries.
Notification.
Deadline.
Applicability.
PUBL074
125 STAT. 818
Contracts.
PUBLIC LAW 112–74—DEC. 23, 2011
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.
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(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
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 819
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101–510, as amended (31 U.S.C. 1551 note): Provided,
That in the case of an expired account, if subsequent review
or investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current appropriation under this section may not exceed an amount equal to
1 percent of the total appropriation for that account.
SEC. 8053. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable 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-bycase basis, waive with respect to a foreign country each limitation
on the procurement of defense items from foreign sources provided
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Reimbursement.
Germany.
Anthracite.
Waiver authority.
Certification.
Waiver authority.
Determination.
PUBL074
125 STAT. 820
Applicability.
Contracts.
Human rights.
Waiver authority.
Determination.
Deadline.
Reports.
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Deadline.
Reports.
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PUBLIC LAW 112–74—DEC. 23, 2011
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,
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 821
including a description of the project, the planned acquisition and
transition strategy and its estimated annual and total cost, has
been provided in writing to the congressional defense committees:
Provided, 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.
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Waiver authority.
Certification.
Classified
information.
Deadlines.
Reports.
Effective date.
Waiver authority.
Certification.
Arms and
munitions.
Waiver authority.
Time period.
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125 STAT. 822
PUBLIC LAW 112–74—DEC. 23, 2011
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.
Alcohol and
alcoholic
beverages.
Applicability.
(INCLUDING TRANSFER OF FUNDS)
Contracts.
Real property.
Applicability.
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Grants.
Fisher House
Foundation, Inc.
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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—
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
‘‘§ 1790.
MILITARY
ESSING
PERSONNEL
CITIZENSHIP
125 STAT. 823
PROC-
‘‘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. §§ 1439(b)(4) and 1440(b)(4)). Such
reimbursements shall be deposited and remain available as provided
by sections 286(m) and (n) of such Act (8 U.S.C. § 1356(m)). Such
reimbursements shall be based on actual costs incurred by USCIS
for processing applications for naturalization, and shall not exceed
$7,500,000 per fiscal year.’’.
(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.’’.
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SEC. 8071. Of the amounts appropriated in this Act under
the heading ‘‘Research, Development, Test and Evaluation, DefenseWide’’, $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 uppertier 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.
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125 STAT. 824
PUBLIC LAW 112–74—DEC. 23, 2011
(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)
Deadlines.
Reports.
Notification.
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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
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 825
Operation and Maintenance accounts, and the Procurement
accounts: Provided, That these documents shall include a description of the funding requested for each contingency operation, for
each military service, to include all Active and Reserve components,
and for each appropriations account: Provided further, That these
documents shall include estimated costs for each element of expense
or object class, a reconciliation of increases and decreases for each
contingency operation, and programmatic data including, but not
limited to, troop strength for each Active and Reserve component,
and estimates of the major weapons systems deployed in support
of each contingency: Provided further, That these documents shall
include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal
years.
SEC. 8078. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or deployment
of nuclear armed interceptors of a missile defense system.
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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.
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Determination.
Grants.
53rd Weather
Reconnaissance
Squadron.
Foreign
intelligence.
Notification.
Deployment.
Waiver authority.
Determination.
PUBL074
125 STAT. 826
PUBLIC LAW 112–74—DEC. 23, 2011
(INCLUDING TRANSFER OF FUNDS)
Deadline.
Reports.
Tactical
unmanned aerial
vehicles.
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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
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 827
in any prior fiscal year, and the 1 percent limitation shall apply
to the total amount of the appropriation.
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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.
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Deadline.
Notification.
Execution plan.
50 USC 415a–2
note.
Deadline.
Reports.
Certification.
PUBL074
125 STAT. 828
Notification.
Deadlines.
Submission.
50 USC 415a–9
note.
Definition.
Reports.
Deadlines.
PUBLIC LAW 112–74—DEC. 23, 2011
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.
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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.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 829
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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
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Web posting.
Reports.
Time period.
Contracts.
Certification.
PUBL074
125 STAT. 830
Waiver authority.
Determination.
Public
information.
Deadline.
Notice.
ACORN.
PUBLIC LAW 112–74—DEC. 23, 2011
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 nonfinancial 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.
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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
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 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
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Notification.
Deadline.
Strategic plan.
Review.
Reports.
Recommendations.
Grants.
Contracts.
Guam.
Deadline.
Notification.
PUBL074
125 STAT. 832
Waiver authority.
Certification.
Notification.
Deadline.
Recommendations.
Certification.
Deadline.
Reports.
Deadline.
Deadlines.
Reports.
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Reports.
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PUBLIC LAW 112–74—DEC. 23, 2011
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
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 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.
Determination.
Reprogramming
request.
Deadline.
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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—
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Grants.
Contracts.
Determination.
Khalid Sheikh
Mohammed.
Detainees.
Cuba.
Cuba.
Certification.
Deadline.
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125 STAT. 834
Notification.
Cuba.
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PUBLIC LAW 112–74—DEC. 23, 2011
(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.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 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
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Waiver authority.
Certification.
Determination.
Deadline.
Submissions.
Definitions.
PUBL074
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PUBLIC LAW 112–74—DEC. 23, 2011
(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—
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 837
(A) with respect to such reinvestment in procurement
and research, development, test and evaluation accounts,
the budget account to which such savings will be
reinvested, including, by line item, the number of items
to be procured, as shown in annual P–1 and R–1 documents;
(B) with respect to such reinvestment in military personnel and operation and maintenance accounts, the budget
account and the subactivity (as shown in annual–1 and
O–1 budget documents) to which such savings will be
reinvested;
(C) the number of military personnel and full-time
civilian employees of the Federal Government affected by
such reinvestment;
(D) the estimated number and funding of contractor
personnel affected by such reinvestment; and
(E) a specific description of activities or services that
will be affected by such reinvestment, including the locations of such activities or services.
SEC. 8124. 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.
Corporations.
Tax liability.
Determination.
Corporations.
Criminal
violation.
Determination.
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(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
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Notification.
Deadline.
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Country listing.
Child soldiers.
PUBLIC LAW 112–74—DEC. 23, 2011
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.
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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.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 839
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel, Air Force’’,
$1,492,381,000: Provided, That such amounts in this paragraph
are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
RESERVE PERSONNEL, ARMY
For an additional amount for ‘‘Reserve Personnel, Army’’,
$207,162,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
RESERVE PERSONNEL, NAVY
For an additional amount for ‘‘Reserve Personnel, Navy’’,
$44,530,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
RESERVE PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Reserve Personnel, Marine
Corps’’, $25,421,000: Provided, That such amounts in this paragraph
are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
RESERVE PERSONNEL, AIR FORCE
For an additional amount for ‘‘Reserve Personnel, Air Force’’
$26,815,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
NATIONAL GUARD PERSONNEL, ARMY
For an additional amount for ‘‘National Guard Personnel,
Army’’, $664,579,000: Provided, That such amounts in this paragraph are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
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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.
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PUBLIC LAW 112–74—DEC. 23, 2011
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
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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 postoperation 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
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125 STAT. 841
the Secretary of Defense to adequately account for the support
provided, and such determination is final and conclusive upon the
accounting officers of the United States, and 15 days following
notification to the appropriate congressional committees: Provided
further, That the requirement to provide notification shall not apply
with respect to a reimbursement for access based on an international agreement: Provided further, 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
Notification.
Deadlines.
Reports.
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.
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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
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PUBLIC LAW 112–74—DEC. 23, 2011
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)
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Deadline.
Notification.
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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
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125 STAT. 843
in writing of the details of any such transfer: Provided further,
That the ‘‘appropriate committees of Congress’’ are the Committees
on Armed Services, Foreign Relations and Appropriations of the
Senate and the Committees on Armed Services, Foreign Affairs
and Appropriations of the House of Representatives: Provided further, That such amounts in this paragraph are designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
AFGHANISTAN SECURITY FORCES FUND
For the ‘‘Afghanistan Security Forces Fund’’, $11,200,000,000,
to remain available until September 30, 2013: Provided, That such
funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing
the Commander, Combined Security Transition Command—
Afghanistan, or the Secretary’s designee, to provide assistance,
with the concurrence of the Secretary of State, to the security
forces of Afghanistan, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, and construction, and funding: Provided further, That the
authority to provide assistance under this heading is in addition
to any other authority to provide assistance to foreign nations:
Provided further, That contributions of funds for the purposes provided herein from any person, foreign government, or international
organization may be credited to this Fund and used for such purposes: Provided further, 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.
Notification.
Deadline.
Notification.
PROCUREMENT
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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.
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125 STAT. 844
PUBLIC LAW 112–74—DEC. 23, 2011
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.
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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.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
PROCUREMENT
OF
AMMUNITION, NAVY
AND
125 STAT. 845
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.
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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
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PUBL074
125 STAT. 846
PUBLIC LAW 112–74—DEC. 23, 2011
the Congress for Overseas 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
Deadline.
Assessment.
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)
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Deadline.
Notification.
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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.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 847
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST
AND
EVALUATION, ARMY
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Army’’, $18,513,000, to remain available until September 30, 2013: Provided, That such amounts in this paragraph
are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST
AND
EVALUATION, NAVY
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Navy’’, $53,884,000, to remain available until September 30, 2013: Provided, That such amounts in this paragraph
are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST
AND
EVALUATION, AIR FORCE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Air Force’’, $259,600,000, to remain available until
September 30, 2013: Provided, That such amounts in this paragraph
are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST
AND
EVALUATION, DEFENSE-WIDE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Defense-Wide’’, $194,361,000, to remain available
until September 30, 2013: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For an additional amount for ‘‘Defense Working Capital Funds’’,
$435,013,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
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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
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PUBL074
125 STAT. 848
PUBLIC LAW 112–74—DEC. 23, 2011
Overseas 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 CounterDrug 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)
Deadline.
Notification.
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.
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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.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 849
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(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
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Determination.
Notification.
Deadlines.
Reports.
Data
submissions.
Notice.
PUBL074
125 STAT. 850
Plans.
Deadlines.
Reports.
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Iraq.
Afghanistan.
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PUBLIC LAW 112–74—DEC. 23, 2011
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 nonDepartment 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
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 851
$50,000,000 annually and any non-standard equipment requirements in excess of $100,000,000 using ASFF: Provided further,
That the AROC must approve all projects and the execution plan
under the ‘‘Afghanistan Infrastructure Fund’’ (AIF) and any project
in excess of $5,000,000 from the Commanders Emergency Response
Program (CERP): Provided further, 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.
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Certification.
Determination.
Deadline.
Notice.
Deadline.
Notice.
PUBL074
125 STAT. 852
PUBLIC LAW 112–74—DEC. 23, 2011
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’’.
Applicability.
Deadline.
Notification.
DIVISION B—ENERGY AND WATER DEVELOPMENT
APPROPRIATIONS ACT, 2012
Energy and
Water
Development and
Related Agencies
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.
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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.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 853
CONSTRUCTION
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for
conducting detailed studies, and plans and specifications, of such
projects (including those involving participation by States, local
governments, or private groups) authorized or made eligible for
selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to
construction); $1,694,000,000, to remain available until expended;
of which such sums as are necessary to cover the Federal share
of construction costs for facilities under the Dredged Material Disposal Facilities program shall be derived from the Harbor Maintenance Trust Fund as authorized by Public Law 104–303; and of
which such sums as are necessary to cover one-half of the costs
of construction, replacement, rehabilitation, and expansion of inland
waterways projects (including only Olmsted Lock and Dam, Ohio
River, Illinois and Kentucky; Emsworth Locks and Dam, Ohio River,
Pennsylvania; Lock and Dams 2, 3, and 4, Monongahela River,
Pennsylvania; and Lock and Dam 27, Mississippi River, Illinois)
shall be derived from the Inland Waterways Trust Fund.
MISSISSIPPI RIVER AND TRIBUTARIES
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley below
Cape Girardeau, Missouri, as authorized by law, $252,000,000, to
remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for inland harbors shall be derived from the Harbor
Maintenance Trust Fund.
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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
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125 STAT. 854
PUBLIC LAW 112–74—DEC. 23, 2011
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.
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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.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 855
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2013.
ADMINISTRATIVE PROVISION
The Revolving Fund, Corps of Engineers, shall be available
during the current fiscal year for purchase (not to exceed 100
for replacement only) and hire of passenger motor vehicles for
the civil works program.
GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL
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(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
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125 STAT. 856
Notification.
Deadline.
Reports.
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Deadline.
Reports.
Time period.
Determination.
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PUBLIC LAW 112–74—DEC. 23, 2011
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
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 857
recommended in the efficacy study authorized under section 3061
of the Water Resources Development Act of 2007 (121 Stat. 1121)
or in interim reports, with such modifications or emergency measures as the Secretary of the Army determines to be appropriate,
to prevent aquatic nuisance species from dispersing into the Great
Lakes by way of any hydrologic connection between the Great
Lakes and the Mississippi River Basin.
SEC. 106. The Secretary is authorized to transfer to ‘‘Corps
of Engineers—Civil—Construction’’ up to $100,000,000 of the funds
provided for reinforcing or replacing flood walls under the heading
‘‘Corps of Engineers—Civil—Flood Control and Coastal Emergencies’’ in Public Law 109–234 and Public Law 110–252 and up
to $75,000,000 of the funds provided for projects and measures
for the West Bank and Vicinity and Lake Ponchartrain and Vicinity
projects under the heading ‘‘Corps of Engineers—Civil—Flood Control and Coastal Emergencies’’ in Public Law 110–28, to be used
with funds provided for the West Bank and Vicinity project under
the heading ‘‘Corps of Engineers—Civil—Construction’’ in Public
Law 110–252 and Public Law 110–329, consistent with 65 percent
Federal and 35 percent non-Federal cost share and the financing
of, and payment terms for, the non-Federal cash contribution associated with the West Bank and Vicinity project.
SEC. 107. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service may
accept and expend, up to $3,800,000 of funds provided in this
title under the heading ‘‘Operation and Maintenance’’ to mitigate
for fisheries lost due to Corps of Engineers projects.
SEC. 108. The Secretary of the Army may authorize a member
of the Armed Forces under the Secretary’s jurisdiction and
employees of the Department of the Army to serve without compensation as director, officer, or otherwise in the management of
the organization established to support and maintain the participation of the United States in the permanent international commission
of the congresses of navigation, or any successor entity.
SEC. 109. (a) ACQUISITION.—The 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.
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Real property.
New Hampshire.
PUBL074
125 STAT. 858
Definition.
Notification.
Negotiations.
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Real property.
Washington.
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PUBLIC LAW 112–74—DEC. 23, 2011
(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 preconstruction 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.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 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
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Rhode Island.
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125 STAT. 860
PUBLIC LAW 112–74—DEC. 23, 2011
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
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 861
west 301.35 feet to a point (32) with coordinates 376623.34,
148026.85; thence running south 80 degrees 17 minutes 42.4 seconds west 313.6 feet to a point (33) with coordinates 376314.23,
147973.99; thence running north 7 degrees 47 minutes 21.9 seconds
west 776.24 feet to an end point (34) with coordinates 376209.02,
148743.06; and the 18-Foot North Anchorage beginning at a point
(35) with coordinates 376123.98, 148744.69; thence running south
88 degrees 54 minutes 16.2 seconds east 377.90 feet to a point
(36) with coordinates 376501.82, 148737.47; thence running north
9 degrees 42 minutes 19.0 seconds west 500.01 feet to a point
(37) with coordinates 376417.52, 149230.32; thence running north
6 degrees 9 minutes 53.2 seconds west 1,300.01 feet to an end
point (38) with coordinates 376277.92, 150522.81.
(b) The area described by the following shall be redesignated
as an eighteen-foot channel and turning basin: Beginning at a
point (1) with coordinates N144759.41, E374413.16; thence running
north 73 degrees 11 minutes 42.9 seconds east 1,252.88 feet to
a point (2) with coordinates N145121.63, E375612.53; thence running north 26 degrees 29 minutes 48.1 seconds east 778.89 feet
to a point (3) with coordinates N145818.71, E375960.04; thence
running north 0 degrees 3 minutes 38.1 seconds west 1,200.24
feet to a point (4) with coordinates N147018.94, E375958.77; thence
running north 2 degrees 22 minutes 45.2 seconds east 854.35 feet
to a point (5) with coordinates N147872.56, E375994.23; thence
running north 7 degrees 47 minutes 21.9 seconds west 753.83
feet to a point (6) with coordinates N148619.44, E375892.06; thence
running north 88 degrees 46 minutes 16.7 seconds east 281.85
feet to a point (7) with coordinates N148625.48, E376173.85; thence
running south 7 degrees 47 minutes 21.9 seconds east 716.4 feet
to a point (8) with coordinates N147915.69, E376270.94; thence
running north 80 degrees 17 minutes 42.3 seconds east 315.3 feet
to a point (9) with coordinates N147968.85, E.76581.73; thence
running south 9 degrees 42 minutes 20.3 seconds east 248.07 feet
to a point (10) with coordinates N147724.33, E376623.55; thence
running south 2 degrees 10 minutes 43.3 seconds east 318.09 feet
to a point (11) with coordinates N147406.47, E376635.64; thence
running north 78 degrees 56 minutes 15.6 seconds east 571.11
feet to a point (12) with coordinates N147516.06, E377196.15; thence
running south 88 degrees 57 minutes 2.3 seconds east 755.09 feet
to a point (13) with coordinates N147502.23, E377951.11; thence
running south 1 degree 2 minutes 57.7 seconds west 100.00 feet
to a point (14) with coordinates N147402.25, E377949.28; thence
running north 88 degrees 57 minutes 2.3 seconds west 744.48
feet to a point (15) with coordinates N147415.88, E377204.92; thence
running south 78 degrees 56 minutes 15.6 seconds west 931.17
feet to a point (16) with coordinates N147237.21, E376291.06; thence
running south 39 degrees 26 minutes 18.7 seconds west 208.34
feet to a point (17) with coordinates N147076.31, E376158.71; thence
running south 0 degrees 3 minutes 38.1 seconds east 1,528.26
feet to a point (18) with coordinates N145548.05, E376160.32; thence
running south 26 degrees 29 minutes 48.1 seconds west 686.83
feet to a point (19) with coordinates N144933.37, E375853.90; thence
running south 73 degrees 11 minutes 42.9 seconds west 1,429.51
feet to end at a point (20) with coordinates N144520.08, E374485.44.
SEC. 118. None of the funds made available to the Corps of
Engineers by this Act may be used for the removal or associated
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PUBLIC LAW 112–74—DEC. 23, 2011
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
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(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
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 863
the purposes for which contributed: Provided further, That funds
advanced under 43 U.S.C. 397a shall be credited to this account
and are available until expended for the same purposes as the
sums appropriated under this heading: Provided further, That of
the amounts provided herein, funds may be used for high priority
projects which shall be carried out by the Youth Conservation
Corps, as authorized by 16 U.S.C. 1706.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley
Project Improvement Act, $53,068,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration
Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public
Law 102–575, to remain available until expended: Provided, That
the Bureau of Reclamation is directed to assess and collect the
full amount of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102–575: Provided
further, That none of the funds made available under this heading
may be used for the acquisition or leasing of water for in-stream
purposes if the water is already committed to in-stream purposes
by a court adopted decree or order.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with
plans to be approved by the Secretary of the Interior, $39,651,000,
to remain available until expended, of which such amounts as
may be necessary to carry out such activities may be transferred
to appropriate accounts of other participating Federal agencies to
carry out authorized purposes: Provided, That funds appropriated
herein may be used for the Federal share of the costs of CALFED
Program management: Provided further, That the use of any funds
provided to the California Bay-Delta Authority for program-wide
management and oversight activities shall be subject to the approval
of the Secretary of the Interior: Provided further, That CALFED
implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
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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.
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PUBL074
125 STAT. 864
PUBLIC LAW 112–74—DEC. 23, 2011
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
Definition.
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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.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 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 ‘‘SJVDPAlternative 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
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California.
Plan.
16 USC 450hh.
Deadline.
PUBL074
125 STAT. 866
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PUBLIC LAW 112–74—DEC. 23, 2011
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’’.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 867
(b) WALKER BASIN RESTORATION PROGRAM.—Section 208(b) of
the Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111–85; 123 Stat. 2858) is
amended—
(1) in paragraph (1)(B)(iv), by striking ‘‘exercise water
rights’’ and inserting ‘‘manage land, water appurtenant to the
land, and related interests’’; and
(2) in paragraph (2)(A), by striking ‘‘The amount made
available under subsection (a)(1) shall be provided to the
National Fish and Wildlife Foundation’’ and inserting ‘‘Any
amount made available to the National Fish and Wildlife
Foundation under subsection (a) shall be provided’’.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY EFFICIENCY
AND
RENEWABLE ENERGY
(INCLUDING RESCISSION OF FUNDS)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, $1,825,000,000,
to remain available until expended: Provided, That $165,000,000
shall be available until September 30, 2013 for program direction:
Provided further, That for the purposes of allocating weatherization
assistance funds appropriated by this Act to States and tribes,
the Secretary of Energy may waive the allocation formula established pursuant to section 414(a) of the Energy Conservation and
Production Act (42 U.S.C. 6864(a)): Provided further, That of the
unobligated balances available under this heading, $9,909,000 are
hereby rescinded: Provided further, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
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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.
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PUBL074
125 STAT. 868
PUBLIC LAW 112–74—DEC. 23, 2011
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.
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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.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 869
SPR PETROLEUM ACCOUNT
(INCLUDING RESCISSION OF FUNDS)
Of the amounts deposited in the SPR Petroleum Account established under section 167 of the Energy Policy and Conservation
Act (42 U.S.C. 6247) in fiscal year 2011 which remain available
for obligation under that section, $500,000,000 are hereby permanently rescinded.
NORTHEAST HOME HEATING OIL RESERVE
(INCLUDING RESCISSION OF FUNDS)
For necessary expenses for Northeast Home Heating Oil
Reserve storage, operation, and management activities pursuant
to the Energy Policy and Conservation Act, $10,119,000, to remain
available until expended: Provided, That amounts net of the purchase of 1 million barrels of petroleum distillates in fiscal year
2012; costs related to transportation, delivery, and storage; and
sales of petroleum distillate from the Reserve under section 182
of the Energy Policy and Conservation Act (42 U.S.C. 6250a) are
hereby permanently rescinded: Provided further, 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.
42 USC 6250f.
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
FUND
AND
DECOMMISSIONING
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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
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PUBLIC LAW 112–74—DEC. 23, 2011
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.
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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
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 871
within this account, and may remain available until expended,
as authorized by section 201 of Public Law 95–238, notwithstanding
the provisions of 31 U.S.C. 3302: Provided further, That the sum
herein appropriated shall be reduced by the amount of miscellaneous revenues received during 2012, and any related appropriated
receipt account balances remaining from prior years’ miscellaneous
revenues, so as to result in a final fiscal year 2012 appropriation
from the general fund estimated at not more than $126,000,000.
OFFICE
OF THE INSPECTOR
GENERAL
For necessary expenses of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $42,000,000, to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense
weapons activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion, the
purchase of not to exceed one ambulance and one aircraft;
$7,233,997,000, to remain available until 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.
Reports.
DEFENSE NUCLEAR NONPROLIFERATION
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(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.
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PUBL074
125 STAT. 872
PUBLIC LAW 112–74—DEC. 23, 2011
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
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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
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 873
not to exceed $7,000. During fiscal year 2012, no new direct loan
obligations may be made.
OPERATION
AND
MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services pursuant
to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
as applied to the southeastern power area, $8,428,000, to remain
available until expended: Provided, That notwithstanding 31 U.S.C.
3302 and section 5 of the Flood Control Act of 1944, up to $8,428,000
collected by the Southeastern Power Administration from the sale
of power and related services shall be credited to this account
as discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses
of the Southeastern Power Administration: Provided further, That
the sum herein appropriated for annual expenses shall be reduced
as collections are received during the fiscal year so as to result
in a final fiscal year 2012 appropriation estimated at not more
than $0: Provided further, That, notwithstanding 31 U.S.C. 3302,
up to $100,162,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase
power and wheeling expenses shall be credited to this account
as offsetting collections, to remain available until expended for
the sole purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation,
annual expenses means expenditures that are generally recovered
in the same year that they are incurred (excluding purchase power
and wheeling expenses).
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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
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125 STAT. 874
PUBLIC LAW 112–74—DEC. 23, 2011
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).
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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
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 875
expended for the sole purpose of funding the annual expenses
of the hydroelectric facilities of these Dams and associated Western
Area Power Administration activities: Provided further, That the
sum herein appropriated for annual expenses shall be reduced
as collections are received during the fiscal year so as to result
in a final fiscal year 2012 appropriation estimated at not more
than $220,000: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred.
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Energy Regulatory
Commission to carry out the provisions of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including services as
authorized by 5 U.S.C. 3109, the hire of passenger motor vehicles,
and official reception and representation expenses not to exceed
$3,000, $304,600,000, to remain available until expended: Provided,
That 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.
42 USC 7171
note.
GENERAL PROVISIONS—DEPARTMENT OF ENERGY
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(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.
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Contracts.
Grants.
Notification.
Deadline.
PUBL074
125 STAT. 876
Notification.
Deadline.
Waiver authority.
Notification.
Deadline.
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42 USC 7279a.
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PUBLIC LAW 112–74—DEC. 23, 2011
(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 futureyears 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
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 877
to that contained in the budget submitted by the President
to Congress under section 1105 of title 31, United States Code.
(2) The estimated expenditures and proposed appropriations shaped by high-level, prioritized program and budgetary
guidance that is consistent with the administration’s policies
and out year budget projections and reviewed by the Department of Energy’s (DOE) senior leadership to ensure that the
future-years energy program is consistent and congruent with
previously established program and budgetary guidance.
(3) A description of the anticipated workload requirements
for each DOE national laboratory during the 5-fiscal year
period.
(c) CONSISTENCY IN BUDGETING.—
(1) The Secretary of Energy shall ensure that amounts
described in subparagraph (A) of paragraph (2) for any fiscal
year are consistent with amounts described in subparagraph
(B) of paragraph (2) for that fiscal year.
(2) Amounts referred to in paragraph (1) are the following:
(A) The amounts specified in program and budget
information submitted to Congress by the Secretary of
Energy in support of expenditure estimates and proposed
appropriations in the budget submitted to Congress by
the President under section 1105(a) of title 31, United
States Code, for any fiscal year, as shown in the futureyears 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’’.
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50 USC 2743a.
PUBL074
125 STAT. 878
Grants.
Contracts.
Notification.
Deadline.
Determination.
Notification.
Deadline.
Determination.
Uranium.
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Deadline.
Notification.
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PUBLIC LAW 112–74—DEC. 23, 2011
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;
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 879
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(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).
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Deadline.
Inventory plan.
Deadline.
Reports.
Deadline.
Certification.
Grants.
Certification.
PUBL074
125 STAT. 880
PUBLIC LAW 112–74—DEC. 23, 2011
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
Deadline.
Contracts.
42 USC 2286j.
Contracts.
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.
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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.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 881
NORTHERN BORDER REGIONAL COMMISSION
For necessary expenses of the Northern Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $1,497,000, to remain available
until expended: Provided, That such amounts shall be available
for administrative expenses, notwithstanding section 15751(b) of
title 40, United States Code.
SOUTHEAST CRESCENT REGIONAL COMMISSION
For necessary expenses of the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $250,000, to remain available until
expended.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974, as amended,
and the Atomic Energy Act of 1954, as amended, including official
representation expenses (not to exceed $25,000), $1,027,240,000,
to remain available until expended: Provided, That of the amount
appropriated herein, not more than $9,000,000 may be made available for salaries and other support costs for the Office of the
Commission: Provided further, That revenues from licensing fees,
inspection services, and other services and collections estimated
at $899,726,000 in fiscal year 2012 shall be retained and used
for necessary salaries and expenses in this account, notwithstanding
31 U.S.C. 3302, and shall remain available until expended: Provided
further, That the sum herein appropriated shall be reduced by
the amount of revenues received during fiscal year 2012 so as
to result in a final fiscal year 2012 appropriation estimated at
not more than $127,514,000: Provided further, That of the amounts
appropriated under this heading, $10,000,000 shall be for university
research and development in areas relevant to their respective
organization’s mission, and $5,000,000 shall be for a Nuclear
Science and Engineering Grant Program that will support multiyear
projects that do not align with programmatic missions but are
critical to maintaining the discipline of nuclear science and
engineering.
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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.
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PUBL074
125 STAT. 882
PUBLIC LAW 112–74—DEC. 23, 2011
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
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Waiver authority.
Certification.
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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.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 883
TITLE V
GENERAL PROVISIONS
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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’’.
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Lobbying.
Corporations.
Criminal
violations.
Determination.
Corporations.
Tax liability.
Determination.
PUBL074
125 STAT. 884
PUBLIC LAW 112–74—DEC. 23, 2011
DIVISION C—FINANCIAL SERVICES AND GENERAL
GOVERNMENT APPROPRIATIONS ACT, 2012
Financial
Services and
General
Government
Appropriations
Act, 2012.
Department of
the Treasury
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
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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
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 885
not to exceed $2,500 shall be available for official reception and
representation expenses.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Treasury Inspector General for
Tax Administration in carrying out the Inspector General Act of
1978, including purchase (not to exceed 150 for replacement only
for police-type use) and hire of passenger motor vehicles (31 U.S.C.
1343(b)); services authorized by 5 U.S.C. 3109, at such rates as
may be determined by the Inspector General for Tax Administration; $151,696,000, of which not to exceed $500,000 shall be available for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector General
for Tax Administration; and of which not to exceed $1,500 shall
be available for official reception and representation expenses.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF
PROGRAM
SALARIES AND EXPENSES
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110–343), $41,800,000.
FINANCIAL CRIMES ENFORCEMENT NETWORK
SALARIES AND EXPENSES
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel and
training expenses, including for course development, of non-Federal
and foreign government personnel to attend meetings and training
concerned with domestic and foreign financial intelligence activities,
law enforcement, and financial regulation; not to exceed $14,000
for official reception and representation expenses; and for assistance
to Federal law enforcement agencies, with or without reimbursement, $110,788,000, of which not to exceed $34,335,000 shall remain
available until September 30, 2014: Provided, That funds appropriated in this account may be used to procure personal services
contracts.
TREASURY FORFEITURE FUND
(RESCISSION)
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Of the unobligated balances available under this heading,
$950,000,000 are rescinded.
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PUBL074
125 STAT. 886
PUBLIC LAW 112–74—DEC. 23, 2011
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
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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.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 887
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND
PROGRAM ACCOUNT
To carry out the Community Development Banking and Financial Institutions Act of 1994 (Public Law 103–325), including services authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the rate for ES–3, notwithstanding section 4707(e) of title 12, United States Code with regard
to Small and/or Emerging Community Development Financial
Institutions Assistance awards, $221,000,000, to remain available
until September 30, 2013; of which $12,000,000, notwithstanding
section 4707(e) of title 12, United States Code, shall be for financial
assistance, technical assistance, training and outreach programs,
designed to benefit Native American, Native Hawaiian, and Alaskan
Native communities and provided primarily through qualified
community development lender organizations with experience and
expertise in community development banking and lending in Indian
country, Native American organizations, tribes and tribal organizations and other suitable providers; of which, notwithstanding section
108(d) of such Act, up to $22,000,000 shall be for a Healthy Food
Financing Initiative to provide grants and loans to community
development financial institutions for the purpose of offering affordable financing and technical assistance to expand the availability
of healthy food options in distressed communities; of which
$18,000,000 shall be for the Bank Enterprise Awards program;
and of which up to $22,965,000 may be used for administrative
expenses, including administration of the New Markets Tax Credit;
of which up to $10,315,000 may be used for the cost of direct
loans; and of which up to $250,000 may be used for administrative
expenses to carry out the direct loan program: Provided, That
the cost of direct loans, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of direct loans
not to exceed $25,000,000: Provided further, That of the funds
awarded under this heading, not less than 10 percent shall be
used for projects that serve populations living in persistent poverty
counties (where such term is defined as any county that has had
20 percent or more of its population living in poverty over the
past 30 years, as measured by the 1990, 2000, and 2010 decennial
censuses).
INTERNAL REVENUE SERVICE
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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
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PUBL074
125 STAT. 888
PUBLIC LAW 112–74—DEC. 23, 2011
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 policetype 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
Deadlines.
Reports.
26 USC 7801
note.
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.
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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
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 889
related contractual costs of said acquisitions, including related
Internal Revenue Service labor costs, and contractual costs associated with operations authorized by 5 U.S.C. 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.
Deadline.
Reports.
26 USC 7801
note.
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
Confidentiality.
Identity theft.
TREASURY
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(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.
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PUBL074
125 STAT. 890
Certification.
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Delegation
authority.
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PUBLIC LAW 112–74—DEC. 23, 2011
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
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 891
fiscal year 2012 until the enactment of the Intelligence Authorization Act for Fiscal Year 2012.
SEC. 115. Not to exceed $5,000 shall be made available from
the Bureau of Engraving and Printing’s Industrial Revolving Fund
for necessary official reception and representation expenses.
SEC. 116. Section 5114(c) of title 31, United States Code
(relating to engraving and printing currency and security documents), is amended by striking ‘‘for a period of not more than
4 years’’.
SEC. 117. 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
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31 USC 5120
note.
Plans.
Deadline.
PUBL074
125 STAT. 892
PUBLIC LAW 112–74—DEC. 23, 2011
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
Appropriations
Act, 2012.
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.
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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
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 893
a reimbursable political event to pay in advance an amount equal
to the estimated cost of the event, and all such advance payments
shall be credited to this account and remain available until
expended: Provided further, That the Executive Residence shall
require the national committee of the political party of the President
to maintain on deposit $25,000, to be separately accounted for
and available for expenses relating to reimbursable political events
sponsored by such committee during such fiscal year: Provided
further, 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
Notice.
Deadlines.
Interest.
Penalties.
Deadline.
Deadline.
Reports.
Records.
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
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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.
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PUBL074
125 STAT. 894
PUBLIC LAW 112–74—DEC. 23, 2011
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
Time period.
Policy review.
Notification.
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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.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
OFFICE
OF
125 STAT. 895
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.
21 USC 1702
note.
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
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(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.
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Deadline.
Funding
justification.
Notifications.
Deadlines.
PUBL074
125 STAT. 896
PUBLIC LAW 112–74—DEC. 23, 2011
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
TECHNOLOGY
USES
OF INFORMATION
(INCLUDING TRANSFER OF FUNDS)
Deadlines.
Reports.
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
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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.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
OFFICIAL RESIDENCE
OF THE
125 STAT. 897
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
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(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 DoddFrank Wall Street Reform and Consumer Protection Act (Public
Law 111–203). Such report shall include—
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Time period.
Notification.
Reports.
Deadline.
Reports.
PUBL074
125 STAT. 898
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Reports.
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PUBLIC LAW 112–74—DEC. 23, 2011
(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.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 899
This title may be cited as the ‘‘Executive Office of the President
Appropriations Act, 2012’’.
TITLE III
Judiciary
Appropriations
Act, 2012.
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,
SERVICES
AND
OTHER JUDICIAL
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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
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PUBL074
125 STAT. 900
PUBLIC LAW 112–74—DEC. 23, 2011
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
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(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
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 901
to exceed $15,000,000 shall remain available until expended, to
be expended directly or transferred to the United States Marshals
Service, which shall be responsible for administering the Judicial
Facility Security Program consistent with standards or guidelines
agreed to by the Director of the Administrative Office of the United
States Courts and the Attorney General.
ADMINISTRATIVE OFFICE
OF THE
UNITED STATES COURTS
SALARIES AND EXPENSES
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $82,909,000, of which not to
exceed $8,500 is authorized for official reception and representation
expenses.
FEDERAL JUDICIAL CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90–219, $27,000,000; of which $1,800,000
shall remain available through September 30, 2013, to provide
education and training to Federal court personnel; and of which
not to exceed $1,500 is authorized for official reception and representation expenses.
JUDICIAL RETIREMENT FUNDS
PAYMENT TO JUDICIARY TRUST FUNDS
For payment to the Judicial Officers’ Retirement Fund, as
authorized by 28 U.S.C. 377(o), $86,968,000; to the Judicial Survivors’ Annuities Fund, as authorized by 28 U.S.C. 376(c),
$12,600,000; and to the United States Court of Federal Claims
Judges’ Retirement Fund, as authorized by 28 U.S.C. 178(l),
$4,200,000.
UNITED STATES SENTENCING COMMISSION
SALARIES AND EXPENSES
For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $16,500,000,
of which not to exceed $1,000 is authorized for official reception
and representation expenses.
ADMINISTRATIVE PROVISIONS—THE JUDICIARY
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(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
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125 STAT. 902
Applicability.
Security services.
Reimbursement.
PUBLIC LAW 112–74—DEC. 23, 2011
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
Appropriations
Act, 2012.
DISTRICT OF COLUMBIA
FEDERAL FUNDS
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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
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 903
to pay up to $2,500 each year at eligible private institutions of
higher education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident’s academic merit,
the income and need of eligible students and such other factors
as may be authorized: Provided further, 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.
Accounts.
Deadlines.
Reports.
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.
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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
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Time period.
Notification.
PUBL074
125 STAT. 904
PUBLIC LAW 112–74—DEC. 23, 2011
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.
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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
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 905
the Office of Management and Budget and obligated and expended
in the same manner as funds appropriated for salaries and expenses
of other Federal agencies: Provided further, That not less than
$1,500,000 shall be available for re-entrant housing in the District
of Columbia: Provided further, That the Director is authorized to
accept and use gifts in the form of in-kind contributions of space
and hospitality to support offender and defendant programs, and
equipment and vocational training services to educate and train
offenders and defendants: Provided further, 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.
Records.
Public
information.
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.
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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).
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125 STAT. 906
PUBLIC LAW 112–74—DEC. 23, 2011
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
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Rescission.
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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
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 907
the Chief Financial Officer of the District of Columbia shall take
such steps as are necessary to assure that the District of Columbia
meets these requirements, including the apportioning by the Chief
Financial Officer of the appropriations and funds made available
to the District during fiscal year 2012, except that the Chief Financial Officer may not reprogram for operating expenses any funds
derived from bonds, notes, or other obligations issued for capital
projects.
This title may be cited as the ‘‘District of Columbia Appropriations Act, 2012’’.
TITLE V
INDEPENDENT AGENCIES
ADMINISTRATIVE CONFERENCE
OF THE
UNITED STATES
SALARIES AND EXPENSES
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq., $2,900,000,
to remain available until September 30, 2013, of which not to
exceed $1,000 is for official reception and representation expenses.
CHRISTOPHER COLUMBUS FELLOWSHIP FOUNDATION
SALARIES AND EXPENSES
For payment to the Christopher Columbus Fellowship Foundation, established by section 423 of Public Law 102–281, $450,000,
to remain available until expended.
CONSUMER PRODUCT SAFETY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles, services
as authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the maximum rate payable
under 5 U.S.C. 5376, purchase of nominal awards to recognize
non-Federal officials’ contributions to Commission activities, and
not to exceed $4,000 for official reception and representation
expenses, $114,500,000, of which $500,000 shall remain available
until September 30, 2013, to implement the Virginia Graeme Baker
Pool and Spa Safety Act grant program as provided by section
1405 of Public Law 110–140 (15 U.S.C. 8004).
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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
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125 STAT. 908
Deadline.
Reports.
Deadline.
Reports.
PUBLIC LAW 112–74—DEC. 23, 2011
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
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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
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 909
authorized by 5 U.S.C. 3109, $339,844,000: Provided, That
$339,844,000 of offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of
1934, shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated shall be reduced as
such offsetting collections are received during fiscal year 2012 so
as to result in a final fiscal year 2012 appropriation estimated
at $0: Provided further, That any offsetting collections received
in excess of $339,844,000 in fiscal year 2012 shall not be available
for obligation: Provided further, That remaining offsetting collections from prior years collected in excess of the amount specified
for collection in each such year and otherwise becoming available
on October 1, 2011, shall not be available for obligation: Provided
further, That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from
the use of a competitive bidding system that may be retained
and made available for obligation shall not exceed $85,000,000
for fiscal year 2012: Provided further, That of the amount appropriated under this heading, not less than $9,750,000 shall be for
the salaries and expenses of the Office of Inspector General.
ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS
COMMISSION
SEC. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act 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.
118 Stat. 3998.
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
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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.
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125 STAT. 910
PUBLIC LAW 112–74—DEC. 23, 2011
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
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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).
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 911
GENERAL SERVICES ADMINISTRATION
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
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LIMITATIONS ON AVAILABILITY OF REVENUE
Amounts in the Fund, including revenues and collections deposited into the Fund shall be available for necessary expenses of
real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District
of Columbia; restoration of leased premises; moving governmental
agencies (including space adjustments and telecommunications
relocation expenses) in connection with the assignment, allocation
and transfer of space; contractual services incident to cleaning
or servicing buildings, and moving; repair and alteration of federally
owned buildings including grounds, approaches and appurtenances;
care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase,
condemnation, or as otherwise authorized by law; acquisition of
options to purchase buildings and sites; conversion and extension
of federally owned buildings; preliminary planning and design of
projects by contract or otherwise; construction of new buildings
(including equipment for such buildings); and payment of principal,
interest, and any other obligations for public buildings acquired
by installment purchase and purchase contract; in the aggregate
amount of $8,017,967,000, of which: (1) $50,000,000 shall remain
available until expended for construction and acquisition (including
funds for sites and expenses, and associated design and construction
services): Provided, That the General Services Administration shall
submit a detailed plan, by project, regarding the use of funds
to the Committees on Appropriations of the House of Representatives and the Senate within 30 days of enactment of this section
and will provide notification to the Committees within 15 days
prior to any changes regarding the use of these funds; (2)
$280,000,000 shall remain available until expended for repairs and
alterations, which includes associated design and construction services, of which $260,000,000 is for Basic Repairs and Alterations
and $20,000,000 is for a Judiciary Capital Security program: Provided further, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount identified
for each project, except each project in this or any previous Act
may be increased by an amount not to exceed 10 percent unless
advance approval is obtained from the Committees on Appropriations of a greater amount: Provided further, That additional projects
for which prospectuses have been fully approved may be funded
under this category only if advance approval is obtained from the
Committees on Appropriations: Provided further, That the amounts
provided in this or any prior Act for ‘‘Repairs and Alterations’’
may be used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum standards for security in accordance with current law and in compliance
with the reprogramming guidelines of the appropriate Committees
of the House and Senate: Provided further, That the difference
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Plans.
Deadlines.
Notification.
Advance
approval.
Advance
approval.
PUBL074
125 STAT. 912
Expiration date.
PUBLIC LAW 112–74—DEC. 23, 2011
between the funds appropriated and expended on any projects in
this or any prior Act, under the heading ‘‘Repairs and Alterations’’,
may be transferred to Basic Repairs and Alterations or used to
fund authorized increases in prospectus projects: Provided further,
That all funds for repairs and alterations prospectus projects shall
expire on September 30, 2013 and remain in the Federal Buildings
Fund except funds for projects as to which funds for design or
other funds have been obligated in whole or in part prior to such
date: Provided further, That the amount provided in this or any
prior Act for Basic Repairs and Alterations may be used to pay
claims against the Government arising from any projects under
the heading ‘‘Repairs and Alterations’’ or used to fund authorized
increases in prospectus projects; (3) $126,801,000 for installment
acquisition payments including payments on purchase contracts
which shall remain available until expended; (4) $5,210,198,000
for rental of space which shall remain available until expended;
and (5) $2,350,968,000 for building operations which shall remain
available until expended: Provided further, That funds available
to the General Services Administration shall not be available for
expenses of any construction, repair, alteration and acquisition
project for which a prospectus, if required by 40 U.S.C. 3307(a),
has not been approved, except that necessary funds may be
expended for each project for required expenses for the development
of a proposed prospectus: Provided further, That funds available
in the Federal Buildings Fund may be expended for emergency
repairs when advance approval is obtained from the Committees
on Appropriations: Provided further, That amounts necessary to
provide reimbursable special services to other agencies under 40
U.S.C. 592(b)(2) and amounts to provide such reimbursable fencing,
lighting, guard booths, and other facilities on private or other
property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its
protective functions pursuant to 18 U.S.C. 3056, shall be available
from such revenues and collections: Provided further, That revenues
and collections and any other sums accruing to this Fund during
fiscal year 2012, excluding reimbursements under 40 U.S.C.
592(b)(2) in excess of the aggregate new obligational authority
authorized for Real Property Activities of the Federal Buildings
Fund in this Act shall remain in the Fund and shall not be available
for expenditure except as authorized in appropriations Acts.
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities associated
with the management of real and personal property assets and
certain administrative services; Government-wide policy support
responsibilities relating to acquisition, telecommunications,
information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109; $61,115,000.
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OPERATING EXPENSES
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; agency-
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 913
wide policy direction, management, and communications; the
Civilian Board of Contract Appeals; services as authorized by 5
U.S.C. 3109; and not to exceed $7,500 for official reception and
representation expenses; $69,500,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $58,000,000: Provided, That
not to exceed $15,000 shall be available for payment for information
and detection of fraud against the Government, including payment
for recovery of stolen Government property: Provided further, That
not to exceed $2,500 shall be available for awards to employees
of other Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of Inspector
General effectiveness.
ELECTRONIC GOVERNMENT FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in support of interagency projects that
enable the Federal Government to expand its ability to conduct
activities electronically, through the development and implementation of innovative uses of the Internet and other electronic methods,
$12,400,000, to remain available until expended: Provided, That
these funds may be transferred to Federal agencies to carry out
the purpose of the Fund: Provided further, That this transfer
authority shall be in addition to any other transfer authority provided in this Act: Provided further, That such transfers may not
be made until 10 days after a proposed spending plan and explanation for each project to be undertaken has been submitted to
the Committees on Appropriations of the House of Representatives
and the Senate.
Time period.
Spending plan.
Project
explanation.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
For carrying out the provisions of the Act of August 25, 1958
(3 U.S.C. 102 note), and Public Law 95–138, $3,671,000.
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FEDERAL CITIZEN SERVICES FUND
For necessary expenses of the Office of Citizen Services and
Innovative Technologies, including services authorized by 5 U.S.C.
3109, $34,100,000, to be deposited into the Federal Citizen Services
Fund: Provided, That the appropriations, revenues, and collections
deposited into the Fund shall be available for necessary expenses
of Federal Citizen Services activities in the aggregate amount not
to exceed $90,000,000. Appropriations, revenues, and collections
accruing to this Fund during fiscal year 2012 in excess of such
amount shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts.
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PUBL074
125 STAT. 914
PUBLIC LAW 112–74—DEC. 23, 2011
ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS AND RESCISSION)
Advance
approval.
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Contracts.
Determination.
Explanatory
statement.
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SEC. 520. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.
SEC. 521. Funds in the Federal Buildings Fund made available
for fiscal year 2012 for Federal Buildings Fund activities may
be transferred between such activities only to the extent necessary
to meet program requirements: Provided, That any proposed transfers shall be approved in advance to the Committees on Appropriations of the House of Representatives and the Senate.
SEC. 522. Except as otherwise provided in this title, funds
made available by this Act shall be used to transmit a fiscal year
2013 request for United States Courthouse construction only if
the request: (1) meets the design guide standards for construction
as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office
of Management and Budget; (2) reflects the priorities of the Judicial
Conference of the United States as set out in its approved 5year construction plan; and (3) includes a standardized courtroom
utilization study of each facility to be constructed, replaced, or
expanded.
SEC. 523. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency
that does not pay the rate per square foot assessment for space
and services as determined by the General Services Administration
in consideration of the Public Buildings Amendments Act of 1972
(Public Law 92–313).
SEC. 524. From funds made available under the heading ‘‘Federal Buildings Fund, Limitations on Availability of Revenue’’, claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations of the House
of Representatives and the Senate.
SEC. 525. In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate adopt
a resolution granting lease authority pursuant to a prospectus
transmitted to Congress by the Administrator of the General Services Administration under 40 U.S.C. 3307, the Administrator shall
ensure that the delineated area of procurement is identical to
the delineated area included in the prospectus for all lease agreements, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall
provide an explanatory statement to each of such committees and
the Committees on Appropriations of the House of Representatives
and the Senate prior to exercising any lease authority provided
in the resolution.
SEC. 526. Section 1703 of title 41 U.S.C. is amended in paragraph (i)(6) by:
(1) deleting ‘‘for training’’; and
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 915
(2) deleting ‘‘paragraph (2)’’ and inserting in lieu thereof
‘‘subparagraphs (A) and (C) to (J) of section 1122(a)(5) of this
title’’.
SEC. 527. Of the amounts made available under the heading
‘‘Policy and Operations’’ for the maintenance, protection, and disposal of the U.S. Coast Guard Service Center at Governor’s Island,
New York and the Lorton Correctional Facility in Lorton, Virginia
in prior years whether appropriated directly to the General Services
Administration (GSA) or to any other agency of the Government
and received by GSA for such purpose, $4,600,000 are rescinded.
SEC. 528. Within 120 days of enactment, the General Services
Administration shall submit a detailed report to the Committees
on Appropriations of the House of Representatives and the Senate
that describes each program, project, or activity that is funded
by appropriations to General Services Administration but is not
under the control or direction, in statute or in practice, of the
Administrator of General Services.
Deadline.
Reports.
HARRY S TRUMAN SCHOLARSHIP FOUNDATION
SALARIES AND EXPENSES
For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93–642,
$748,000, to remain available until expended.
MERIT SYSTEMS PROTECTION BOARD
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978, and the
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note), including
services as authorized by 5 U.S.C. 3109, rental of conference rooms
in the District of Columbia and elsewhere, hire of passenger motor
vehicles, direct procurement of survey printing, and not to exceed
$2,000 for official reception and representation expenses,
$40,258,000, to remain available until September 30, 2013, together
with not to exceed $2,345,000, to remain available until September
30, 2013, for administrative expenses to adjudicate retirement
appeals to be transferred from the Civil Service Retirement and
Disability Fund in amounts determined by the Merit Systems
Protection Board.
MORRIS K. UDALL
AND
STEWART L. UDALL FOUNDATION
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MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
For payment to the Morris K. Udall and Stewart L. Udall
Trust Fund, pursuant to the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5601 et seq.), $2,200,000, to remain
available until expended, of which, notwithstanding sections 8 and
9 of such Act: (1) up to $50,000 shall be used to conduct financial
audits pursuant to the Accountability of Tax Dollars Act of 2002
(Public Law 107–289); and (2) up to $1,000,000 shall be available
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PUBL074
125 STAT. 916
PUBLIC LAW 112–74—DEC. 23, 2011
to carry out the activities authorized by section 6(7) of Public
Law 102–259 (20 U.S.C. 5604(7)).
ENVIRONMENTAL DISPUTE RESOLUTION FUND
For payment to the Environmental Dispute Resolution Fund
to carry out activities authorized in the Environmental Policy and
Conflict Resolution Act of 1998, $3,792,000, to remain available
until expended.
NATIONAL ARCHIVES
AND
RECORDS ADMINISTRATION
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in connection with the administration
of the National Archives and Records Administration (including
the Information Security Oversight Office) and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents and
the activities of the Public Interest Declassification Board, and
for necessary expenses in connection with the operations and
maintenance of the electronic records archives to include all direct
project costs associated with research, program management, and
corrective and adaptive software maintenance, and for the hire
of passenger motor vehicles, and for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901 et seq.), including maintenance,
repairs, and cleaning, $373,300,000: Provided, That all remaining
balances appropriated in prior fiscal years under the heading ‘‘Electronic Records Archives’’ shall be transferred to this account.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act
of 2008, Public Law 110–409, 122 Stat. 4302–16 (2008), and the
Inspector General Act of 1978 (5 U.S.C. App.), and for the hire
of passenger motor vehicles, $4,100,000.
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REPAIRS AND RESTORATION
For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $9,100,000, to
remain available until expended: Provided, That from amounts
made available for the Military Personnel Records Center requirement study under this heading in Public Law 108–199, the
remaining unobligated balances shall be available to implement
the National Archives and Records Administration Capital Improvement Plan: Provided further, That from amounts made available
under this heading in Public Law 111–8 for construction costs
and related services for building the addition to the John F. Kennedy Presidential Library and Museum and other necessary
expenses, including renovating the Library as needed in constructing the addition, the remaining unobligated balances shall
be available to implement the National Archives and Records
Administration Capital Improvement Plan.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 917
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504,
$5,000,000, to remain available until expended.
NATIONAL CREDIT UNION ADMINISTRATION
CENTRAL LIQUIDITY FACILITY
During fiscal year 2012, gross obligations of the Central
Liquidity Facility for the principal amount of new direct loans
to member credit unions, as authorized by 12 U.S.C. 1795 et seq.,
shall be the amount authorized by section 307(a)(4)(A) of the Federal
Credit Union Act (12 U.S.C. 1795f(a)(4)(A)): Provided, That administrative expenses of the Central Liquidity Facility in fiscal year
2012 shall not exceed $1,250,000.
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,247,000
shall be available until September 30, 2013, for technical assistance
to low-income designated credit unions.
OFFICE
OF
GOVERNMENT ETHICS
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, and the Ethics Reform Act of 1989, including services
as authorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger motor
vehicles, and not to exceed $1,500 for official reception and representation expenses, $13,664,000.
OFFICE
OF
PERSONNEL MANAGEMENT
SALARIES AND EXPENSES
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(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis;
rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for
official reception and representation expenses; advances for
reimbursements to applicable funds of OPM and the Federal Bureau
of Investigation for expenses incurred under Executive Order No.
10422 of January 9, 1953, as amended; and payment of per diem
and/or subsistence allowances to employees where Voting Rights
Act activities require an employee to remain overnight at his or
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PUBL074
125 STAT. 918
PUBLIC LAW 112–74—DEC. 23, 2011
her post of duty, $97,774,000, of which $6,004,000 shall remain
available until expended for the Enterprise Human Resources
Integration project, of which $642,000 may be for strengthening
the capacity and capabilities of the acquisition workforce (as defined
by the Office of Federal Procurement Policy Act, as amended (41
U.S.C. 4001 et seq.)), including the recruitment, hiring, training,
and retention of such workforce and information technology in
support of acquisition workforce effectiveness or for management
solutions to improve acquisition management, and of which
$1,416,000 shall remain available until expended for the Human
Resources Line of Business project; and in addition $112,516,000
for administrative expenses, to be transferred from the appropriate
trust funds of OPM without regard to other statutes, including
direct procurement of printed materials, for the retirement and
insurance programs: Provided, That the provisions of this appropriation shall not affect the authority to use applicable trust funds
as provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5,
United States Code: Provided further, That no part of this appropriation shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to Executive Order
No. 9358 of July 1, 1943, or any successor unit of like purpose:
Provided further, That the President’s Commission on White House
Fellows, established by Executive Order No. 11183 of October 3,
1964, may, during fiscal year 2012, accept donations of money,
property, and personal services: Provided further, That such donations, including those from prior years, may be used for the development of publicity materials to provide information about the White
House Fellows, except that no such donations shall be accepted
for travel or reimbursement of travel expenses, or for the salaries
of employees of such Commission.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $3,142,000, and in addition, not to exceed
$21,174,000 for administrative expenses to audit, investigate, and
provide other oversight of the Office of Personnel Management’s
retirement and insurance programs, to be transferred from the
appropriate trust funds of the Office of Personnel Management,
as determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in the
District of Columbia and elsewhere.
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GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH
BENEFITS
For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health Benefits
Act (74 Stat. 849), such sums as may be necessary.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 919
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE
INSURANCE
For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by chapter
87 of title 5, United States Code, such sums as may be necessary.
PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND
For financing the unfunded liability of new and increased
annuity benefits becoming effective on or after October 20, 1969,
as authorized by 5 U.S.C. 8348, and annuities under special Acts
to be credited to the Civil Service Retirement and Disability Fund,
such sums as may be necessary: Provided, That annuities authorized by the Act of May 29, 1944, and the Act of August 19, 1950
(33 U.S.C. 771–775), may hereafter be paid out of the Civil Service
Retirement and Disability Fund.
OFFICE
OF
33 USC 776.
SPECIAL COUNSEL
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95–
454), the Whistleblower Protection Act of 1989 (Public Law 101–
12), Public Law 107–304, and the Uniformed Services Employment
and Reemployment Rights Act of 1994 (Public Law 103–353),
including services as authorized by 5 U.S.C. 3109, payment of
fees and expenses for witnesses, rental of conference rooms in
the District of Columbia and elsewhere, and hire of passenger
motor vehicles; $18,972,000.
POSTAL REGULATORY COMMISSION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Postal Regulatory Commission
in carrying out the provisions of the Postal Accountability and
Enhancement Act (Public Law 109–435), $14,304,000, to be derived
by transfer from the Postal Service Fund and expended as authorized by section 603(a) of such Act.
PRIVACY
AND
CIVIL LIBERTIES OVERSIGHT BOARD
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SALARIES AND EXPENSES
For necessary expenses of the Privacy and Civil Liberties Oversight Board, as authorized by section 1061 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note),
$900,000, to remain available until September 30, 2013.
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125 STAT. 920
PUBLIC LAW 112–74—DEC. 23, 2011
RECOVERY ACCOUNTABILITY
AND
TRANSPARENCY BOARD
SALARIES AND EXPENSES
For necessary expenses of the Recovery Accountability and
Transparency Board to carry out the provisions of title XV of
the American Recovery and Reinvestment Act of 2009 (Public Law
111–5), and to develop and test information technology resources
and oversight mechanisms to enhance transparency of and detect
and remediate waste, fraud, and abuse in Federal spending,
$28,350,000, to remain available until September 30, 2013.
SECURITIES
AND
EXCHANGE COMMISSION
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the District
of Columbia and elsewhere, and not to exceed $3,500 for official
reception and representation expenses, $1,321,000,000, to remain
available until expended; of which not less than $6,795,000 shall
be for the Office of Inspector General; of which not to exceed
$45,000 shall be available for a permanent secretariat for the International Organization of Securities Commissions; and of which not
to exceed $100,000 shall be available for expenses for consultations
and meetings hosted by the Commission with foreign governmental
and other regulatory officials, members of their delegations and
staffs to exchange views concerning securities matters, such
expenses to include necessary logistic and administrative expenses
and the expenses of Commission staff and foreign invitees in attendance including: (1) incidental expenses such as meals; (2) travel
and transportation; and (3) related lodging or subsistence: Provided,
That fees and charges authorized by section 31 of the Securities
Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to this
account as offsetting collections: Provided further, That not to exceed
$1,321,000,000 of such offsetting collections shall be available until
expended for necessary expenses of this account: Provided further,
That the total amount appropriated under this heading from the
general fund for fiscal year 2012 shall be reduced as such offsetting
fees are received so as to result in a final total fiscal year 2012
appropriation from the general fund estimated at not more than
$0.
SELECTIVE SERVICE SYSTEM
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SALARIES AND EXPENSES
President.
Exemption
authority.
VerDate Nov 24 2008
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For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training for
uniformed personnel assigned to the Selective Service System, as
authorized by 5 U.S.C. 4101–4118 for civilian employees; purchase
of uniforms, or allowances therefor, as authorized by 5 U.S.C.
5901–5902; hire of passenger motor vehicles; services as authorized
by 5 U.S.C. 3109; and not to exceed $750 for official reception
and representation expenses; $23,984,000: Provided, That during
the current fiscal year, the President may exempt this appropriation
from the provisions of 31 U.S.C. 1341, whenever the President
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 921
deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds appropriated
by this Act may be expended for or in connection with the induction
of any person into the Armed Forces of the United States.
Military
induction.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 108–447,
including hire of passenger motor vehicles as authorized by 31
U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception
and representation expenses, $417,348,000: Provided, That the
Administrator is authorized to charge fees to cover the cost of
publications developed by the Small Business Administration, and
certain loan program activities, including fees authorized by section
5(b) of the Small Business Act: Provided further, That, notwithstanding 31 U.S.C. 3302, revenues received from all such activities
shall be credited to this account, to remain available until expended,
for carrying out these purposes without further appropriations:
Provided further, That the Small Business Administration may
accept gifts in an amount not to exceed $4,000,000 and may cosponsor activities, each in accordance with section 132(a) of division
K of Public Law 108–447, during fiscal year 2012: Provided further,
That $112,500,000 shall be available to fund grants for performance
in fiscal year 2012 or fiscal year 2013 as authorized by section
21 of the Small Business Act, to remain available until September
30, 2013: Provided further, That $20,000,000 shall remain available
until September 30, 2013 for marketing, management, and technical
assistance under section 7(m) of the Small Business Act (15 U.S.C.
636(m)(4)) by intermediaries that make microloans under the
microloan program: Provided further, That $7,100,000 shall be available for the Loan Modernization and Accounting System, to be
available until September 30, 2013: Provided further, That
$2,000,000 shall be for the Federal and State Technology Partnership Program under section 34 of the Small Business Act (15
U.S.C. 657d).
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$16,267,000.
OFFICE OF ADVOCACY
For necessary expenses of the Office of Advocacy in carrying
out the provisions of title II of Public Law 94–305 (15 U.S.C.
634a et seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C.
601 et seq.), $9,120,000, to remain available until expended.
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BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $3,678,000, to remain available
until expended, and for the cost of guaranteed loans as authorized
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PUBL074
125 STAT. 922
PUBLIC LAW 112–74—DEC. 23, 2011
by section 7(a) of the Small Business Act (Public Law 85–536)
and section 503 of the Small Business Investment Act of 1958
(Public Law 85–699), $207,100,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That subject to section 502
of the Congressional Budget Act of 1974, during fiscal year 2012
commitments to guarantee loans under section 503 of the Small
Business Investment Act of 1958 shall not exceed $7,500,000,000:
Provided further, That during fiscal year 2012 commitments for
general business loans authorized under section 7(a) of the Small
Business Act shall not exceed $17,500,000,000 for a combination
of amortizing term loans and the aggregated maximum line of
credit provided by revolving loans: Provided further, That during
fiscal year 2012 commitments to guarantee loans for debentures
under section 303(b) of the Small Business Investment Act of 1958
shall not exceed $3,000,000,000: Provided further, That during fiscal
year 2012, guarantees of trust certificates authorized by section
5(g) of the Small Business Act shall not exceed a principal amount
of $12,000,000,000. In addition, for administrative expenses to carry
out the direct and guaranteed loan programs, $147,958,000, which
may be transferred to and merged with the appropriations for
Salaries and Expenses.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the direct loan program authorized by section 7(b) of the Small Business Act,
$117,300,000, to be available until expended, of which $1,000,000
is for the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and the disaster
loan programs and shall be transferred to and merged with the
appropriations for the Office of Inspector General; of which
$110,300,000 is for direct administrative expenses of loan making
and servicing to carry out the direct loan program, which may
be transferred to and merged with the appropriations for Salaries
and Expenses; and of which $6,000,000 is for indirect administrative
expenses for the direct loan program, which may be transferred
to and merged with the appropriations for Salaries and Expenses.
ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION
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(INCLUDING TRANSFER OF FUNDS)
SEC. 530. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations,
but no such appropriation shall be increased by more than 10
percent by any such transfers: Provided, That any transfer pursuant
to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
SEC. 531. Section 7(d)(5)(D) of the Small Business Act (15
U.S.C. 636(d)(5)(D)) is amended by striking ‘‘three years’’ and
inserting ‘‘7 years’’.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 923
SEC. 532. Beginning in fiscal year 2013 and each fiscal year
thereafter, the budget request for the Small Business Administration shall provide a detailed justification of any proposed changes
from the enacted level by individual appropriation. The detailed
justification shall include at a minimum a description of each credit
and non-credit program including amount of funding and costs
by appropriation account and fiscal year. For activities funded in
multiple appropriations, the budget justification shall specify the
amount included in each enacted appropriation, the amount proposed in the budget year and a justification for any proposed
changes.
Effective date.
Budget
justification.
15 USC 633a.
UNITED STATES POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c) and
(d) of section 2401 of title 39, United States Code, $78,153,000,
which shall not be available for obligation until October 1, 2012:
Provided, That mail for overseas voting and mail for the blind
shall continue to be free: Provided further, That 6-day delivery
and rural delivery of mail shall continue at not less than the
1983 level: Provided further, That none of the funds made available
to the Postal Service by this Act shall be used to implement any
rule, regulation, or policy of charging any officer or employee of
any State or local child support enforcement agency, or any individual participating in a State or local program of child support
enforcement, a fee for information requested or provided concerning
an address of a postal customer: Provided further, That none of
the funds provided in this Act shall be used to consolidate or
close small rural and other small post offices in fiscal year 2012.
Overseas voting.
Blind persons.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$241,468,000, to be derived by transfer from the Postal Service
Fund and expended as authorized by section 603(b)(3) of the Postal
Accountability and Enhancement Act (Public Law 109–435).
UNITED STATES TAX COURT
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SALARIES AND EXPENSES
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $51,079,000: Provided,
That travel expenses of the judges shall be paid upon the written
certificate of the judge.
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PUBL074
125 STAT. 924
PUBLIC LAW 112–74—DEC. 23, 2011
TITLE VI
GENERAL PROVISIONS—THIS ACT
(INCLUDING RESCISSIONS)
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Contracts.
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SEC. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
SEC. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor
may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant
to existing law.
SEC. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriations Act.
SEC. 605. None of the funds made available by this Act shall
be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to
a Government employee would result in a decision, determination,
rule, regulation, or policy that would prohibit the enforcement of
section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
SEC. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in expending
the assistance the entity will comply with the Buy American Act
(41 U.S.C. 10a–10c).
SEC. 607. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating the Buy American Act (41
U.S.C. 10a–10c).
SEC. 608. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous appropriations
Acts to the agencies or entities funded in this Act that remain
available for obligation or expenditure in fiscal year 2012, or provided from any accounts in the Treasury derived by the collection
of fees and available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming
of funds that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for any program,
project, or activity for which funds have been denied or restricted
by the Congress; (4) proposes to use funds directed for a specific
activity by the Committee on Appropriations of either the House
of Representatives or the Senate for a different purpose; (5) augments existing programs, projects, or activities in excess of
$5,000,000 or 10 percent, whichever is less; (6) reduces existing
programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or reorganizes offices, programs, or
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 925
activities unless prior approval is received from the Committees
on Appropriations of the House of Representatives and the Senate:
Provided, That prior to any significant reorganization or restructuring of offices, programs, or activities, each agency or entity
funded in this Act shall consult with the Committees on Appropriations of the House of Representatives and the Senate: Provided
further, That not later than 60 days after the date of enactment
of this Act, each agency funded by this Act shall submit a report
to the Committees on Appropriations of the House of Representatives and the Senate to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year:
Provided further, That at a minimum the report shall include:
(1) a table for each appropriation with a separate column to display
the President’s budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the
fiscal year enacted level; (2) a delineation in the table for each
appropriation both by object class and program, project, and activity
as detailed in the budget appendix for the respective appropriation;
and (3) an identification of items of special congressional interest:
Provided further, That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000
per day for each day after the required date that the report has
not been submitted to the Congress.
SEC. 609. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2012 from appropriations made available
for salaries and expenses for fiscal year 2012 in this Act, shall
remain available through September 30, 2013, for each such account
for the purposes authorized: Provided, That a request shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines.
SEC. 610. None of the funds made available in this Act may
be used by the Executive Office of the President to request from
the Federal Bureau of Investigation any official background investigation report on any individual, except when—
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to
the date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary circumstances involving national security.
SEC. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply with
respect to a contract under the Federal Employees Health Benefits
Program established under chapter 89 of title 5, United States
Code.
SEC. 612. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area
cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction
on unanticipated travel expenses imposed in an Appropriations
Act) funds made available to the Office of Personnel Management
pursuant to court approval.
SEC. 613. No funds appropriated by this Act shall be available
to pay for an abortion, or the administrative expenses in connection
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Consultation.
Deadline.
Reports.
Reports.
Fines.
Expenditure
request.
Background
reports.
Abortion.
PUBL074
125 STAT. 926
Abortion.
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Time period.
31 USC 5112
note.
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PUBLIC LAW 112–74—DEC. 23, 2011
with any health plan under the Federal employees health benefits
program which provides any benefits or coverage for abortions.
SEC. 614. The provision of section 613 shall not apply where
the life of the mother would be endangered if the fetus were carried
to term, or the pregnancy is the result of an act of rape or incest.
SEC. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title
41, United States Code (popularly known as the Buy American
Act), shall not apply to the acquisition by the Federal Government
of information technology (as defined in section 11101 of title 40,
United States Code), that is a commercial item (as defined in
section 103 of title 41, United States Code).
SEC. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency or
commission funded by this Act may accept on behalf of that agency,
nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related
expenses for the purpose of enabling an officer or employee to
attend and participate in any meeting or similar function relating
to the official duties of the officer or employee when the entity
offering payment or reimbursement is a person or entity subject
to regulation by such agency or commission, or represents a person
or entity subject to regulation by such agency or commission, unless
the person or entity is an organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code.
SEC. 617. The Public Company Accounting Oversight Board
shall have authority to obligate funds for the scholarship program
established by section 109(c)(2) of the Sarbanes-Oxley Act of 2002
(Public Law 107–204) in an aggregate amount not exceeding the
amount of funds collected by the Board as of December 31, 2011,
including accrued interest, as a result of the assessment of monetary
penalties. Funds available for obligation in fiscal year 2012 shall
remain available until expended.
SEC. 618. From the unobligated balances of prior year appropriations made available for the Privacy and Civil Liberties Oversight Board, $998,000 are rescinded.
SEC. 619. Section 1107 of title 31, United States Code, is
amended by adding to the end thereof the following: ‘‘The President
shall transmit promptly to Congress without change, proposed deficiency and supplemental appropriations submitted to the President
by the legislative branch and the judicial branch.’’.
SEC. 620. Notwithstanding section 708 of this Act, funds made
available to the Commodity Futures Trading Commission and the
Securities and Exchange Commission by this or any other Act
may be used for the interagency funding and sponsorship of a
joint advisory committee to advise on emerging regulatory issues.
SEC. 621. For purposes of Public Law 109–285, the period
described in section 5134(f)(1)(B) of title 31, United States Code,
shall be treated as a 2-year, 9-month period.
SEC. 622. The Help America Vote Act of 2002 (Public Law
107–252) is amended by—
(1) inserting in section 255(b) (42 U.S.C. 15405) ‘‘posted
on the Commission’s website with a notice’’ after ‘‘cause to
have the plan’’;
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 927
(2) inserting in section 253(d) (42 U.S.C. 15403) ‘‘notice
of’’ prior to ‘‘the State plan’’;
(3) inserting in section 254(a)(11) (42 U.S.C. 15404) ‘‘notice
of’’ prior to ‘‘the change’’; and
(4) inserting in section 254(a)(11)(C) (42 U.S.C. 15404)
‘‘notice of’’ prior to ‘‘the change’’.
SEC. 623. From the unobligated balances available in the Securities and Exchange Commission Reserve Fund established by section 991 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (Public Law 111–203), $25,000,000 are rescinded.
SEC. 624. The Department of the Treasury, the Executive Office
of the President, the Judiciary, the Federal Communications
Commission, the Federal Trade Commission, the General Services
Administration, the National Archives and Records Administration,
the Securities and Exchange Commission, and the Small Business
Administration shall provide the Committees on Appropriations
of the House and the Senate a quarterly accounting of the cumulative balances of any unobligated funds that were received by
such agency during any previous fiscal year.
SEC. 625. (a)(1) Notwithstanding any other provision of law,
an Executive agency covered by this Act otherwise authorized to
enter into contracts for either leases or the construction or alteration
of real property for office, meeting, storage, or other space must
consult with the General Services Administration before issuing
a solicitation for offers of new leases or construction contracts,
and in the case of succeeding leases, before entering into negotiations with the current lessor.
(2) Any such agency with authority to enter into an emergency
lease may do so during any period declared by the President to
require emergency leasing authority with respect to such agency.
(b) For purposes of this section, the term ‘‘Executive agency
covered by this Act’’ means any Executive agency provided funds
by this Act, but does not include the General Services Administration or the United States Postal Service.
SEC. 626. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ‘‘Interagency Working Group on Food Marketed to
Children: Preliminary Proposed Nutrition Principles to Guide
Industry Self-Regulatory Efforts’’ unless the Interagency Working
Group on Food Marketed to Children complies with Executive Order
No. 13563.
SEC. 627. None of the funds made available by this Act may
be used to pay the salaries and expenses for the following positions:
(1) Director, White House Office of Health Reform.
(2) Assistant to the President for Energy and Climate
Change.
(3) Senior Advisor to the Secretary of the Treasury assigned
to the Presidential Task Force on the Auto Industry and Senior
Counselor for Manufacturing Policy.
(4) White House Director of Urban Affairs.
SEC. 628. None of the funds made available in this Act may
be used by the Federal Communications Commission to remove
the conditions imposed on commercial terrestrial operations in the
Order and Authorization adopted by the Commission on January
26, 2011 (DA 11–133), or otherwise permit such operations, until
the Commission has resolved concerns of potential widespread
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Deadlines.
Reports.
Contracts.
Consultation.
Definition.
Global
Positioning
System.
PUBL074
125 STAT. 928
Corporations.
Tax liability.
Corporations.
Criminal
violation.
PUBLIC LAW 112–74—DEC. 23, 2011
harmful interference by such commercial terrestrial operations to
commercially available Global Positioning System devices.
SEC. 629. None of the funds made available by this Act may
be expended for any new hire by any Federal agency funded in
this Act that is not verified through the E-Verify Program established under section 403(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
SEC. 630. None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to, any corporation with respect to which
any unpaid Federal tax liability has been assessed, for which all
judicial and administrative remedies have been exhausted or have
lapsed, and that is not being paid in a timely manner pursuant
to an agreement with the authority responsible for collecting the
tax liability, where the awarding agency is aware of the unpaid
tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further
action is not necessary to protect the interests of the Government.
SEC. 631. None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to, any corporation that was convicted or
had an officer or agent of such corporation acting on behalf of
the corporation convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the awarding
agency is aware of the conviction, unless the agency has considered
suspension or debarment of the corporation, or such officer or agent
and made a determination that this further action is not necessary
to protect the interests of the Government.
SEC. 632. Section 8909a(d)(3)(A)(v) of title 5, United States
Code, is amended by striking the date specified in such section
and inserting ‘‘August 1, 2012’’.
TITLE VII
GENERAL PROVISIONS—GOVERNMENT-WIDE
DEPARTMENTS, AGENCIES,
Drug-free
workplaces.
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31 USC 1343
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AND
CORPORATIONS
SEC. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other
Act for fiscal year 2012 shall obligate or expend any such funds,
unless such department, agency, or instrumentality has in place,
and will continue to administer in good faith, a written policy
designed to ensure that all of its workplaces are free from the
illegal use, possession, or distribution of controlled substances (as
defined in the Controlled Substances Act (21 U.S.C. 802)) by the
officers and employees of such department, agency, or instrumentality.
SEC. 702. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
subsection 1343(c) of title 31, United States Code, for the purchase
of any passenger motor vehicle (exclusive of buses, ambulances,
law enforcement, and undercover surveillance vehicles), is hereby
fixed at $13,197 except station wagons for which the maximum
shall be $13,631: Provided, That these limits may be exceeded
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 929
by not to exceed $3,700 for police-type vehicles, and by not to
exceed $4,000 for special heavy-duty vehicles: Provided further,
That the limits set forth in this section may not be exceeded
by more than 5 percent for electric or hybrid vehicles purchased
for demonstration under the provisions of the Electric and Hybrid
Vehicle Research, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section may
be exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101–549 over the cost
of comparable conventionally fueled vehicles: Provided further, That
the limits set forth in this section shall not apply to any vehicle
that is a commercial item and which operates on emerging motor
vehicle technology, including but not limited to electric, plug-in
hybrid electric, and hydrogen fuel cell vehicles.
SEC. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available
for expenses of travel, or for the expenses of the activity concerned,
are hereby made available for quarters allowances and cost-ofliving allowances, in accordance with 5 U.S.C. 5922–5924.
SEC. 704. Unless otherwise specified during the current fiscal
year, no part of any appropriation contained in this or any other
Act shall be used to pay the compensation of any officer or employee
of the Government of the United States (including any agency
the majority of the stock of which is owned by the Government
of the United States) whose post of duty is in the continental
United States unless such person: (1) is a citizen of the United
States; (2) is a person who is lawfully admitted for permanent
residence and is seeking citizenship as outlined in 8 U.S.C.
1324b(a)(3)(B); (3) is a person who is admitted as a refugee under
8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and
has filed a declaration of intention to become a lawful permanent
resident and then a citizen when eligible; or (4) is a person who
owes allegiance to the United States: Provided, That for purposes
of this section, affidavits signed by any such person shall be considered prima facie evidence that the requirements of this section
with respect to his or her status are being complied with: Provided
further, That for purposes of subsections (2) and (3) such affidavits
shall be submitted prior to employment and updated thereafter
as necessary: Provided further, That any person making a false
affidavit shall be guilty of a felony, and upon conviction, shall
be fined no more than $4,000 or imprisoned for not more than
1 year, or both: Provided further, That the above penal clause
shall be in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any payment
made to any officer or employee contrary to the provisions of this
section shall be recoverable in action by the Federal Government:
Provided further, That this section shall not apply to any person
who is an officer or employee of the Government of the United
States on the date of enactment of this Act, or to international
broadcasters employed by the Broadcasting Board of Governors,
or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of
emergencies: Provided further, That this section does not apply
to the employment as Wildland firefighters for not more than 120
days of nonresident aliens employed by the Department of the
Interior or the USDA Forest Service pursuant to an agreement
with another country.
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5 USC 3101 note.
Affidavit.
Penalties.
Time period.
PUBL074
125 STAT. 930
Applicability.
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Notification.
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PUBLIC LAW 112–74—DEC. 23, 2011
SEC. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space
and services and those expenses of renovation and alteration of
buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73
Stat. 479), the Public Buildings Amendments of 1972 (86 Stat.
216), or other applicable law.
SEC. 706. In addition to funds provided in this or any other
Act, all Federal agencies are authorized to receive and use funds
resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling
or waste prevention programs. Such funds shall be available until
expended for the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13423
(January 24, 2007), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs, including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
SEC. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States
Code, shall be available, in addition to objects for which such
funds are otherwise available, for rent in the District of Columbia;
services in accordance with 5 U.S.C. 3109; and the objects specified
under this head, all the provisions of which shall be applicable
to the expenditure of such funds unless otherwise specified in
the Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations
on administrative expenses shall be correspondingly reduced.
SEC. 708. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities)
which do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
SEC. 709. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to
a joint resolution duly adopted in accordance with the applicable
law of the United States.
SEC. 710. During the period in which the head of any department or agency, or any other officer or civilian employee of the
Federal Government appointed by the President of the United
States, holds office, no funds may be obligated or expended in
excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance
notice of such furnishing or redecoration is transmitted to the
Committees on Appropriations of the House of Representatives and
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 931
the Senate. For the purposes of this section, the term ‘‘office’’
shall include the entire suite of offices assigned to the individual,
as well as any other space used primarily by the individual or
the use of which is directly controlled by the individual.
SEC. 711. Notwithstanding section 31 U.S.C. 1346, or section
708 of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the interagency
funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided by Executive Order No.
12472 (April 3, 1984).
SEC. 712. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal department,
agency, or other instrumentality for the salaries or expenses of
any employee appointed to a position of a confidential or policydetermining character excepted from the competitive service pursuant to 5 U.S.C. 3302, without a certification to the Office of Personnel Management from the head of the Federal department,
agency, or other instrumentality employing the Schedule C
appointee that the Schedule C position was not created solely
or primarily in order to detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from—
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the National Geospatial-Intelligence Agency;
(5) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(6) the Bureau of Intelligence and Research of the Department of State;
(7) any agency, office, or unit of the Army, Navy, Air
Force, or Marine Corps, the Department of Homeland Security,
the Federal Bureau of Investigation or the Drug Enforcement
Administration of the Department of Justice, the Department
of Transportation, the Department of the Treasury, or the
Department of Energy performing intelligence functions; or
(8) the Director of National Intelligence or the Office of
the Director of National Intelligence.
SEC. 713. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary
of any officer or employee of the Federal Government, who—
(1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal
Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee
of the Congress in connection with any matter pertaining to
the employment of such other officer or employee or pertaining
to the department or agency of such other officer or employee
in any way, irrespective of whether such communication or
contact is at the initiative of such other officer or employee
or in response to the request or inquiry of such Member, committee, or subcommittee; or
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125 STAT. 932
Nondisclosure
agreement.
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(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment
right, entitlement, or benefit, or any term or condition of
employment of, any other officer or employee of the Federal
Government, or attempts or threatens to commit any of the
foregoing actions with respect to such other officer or employee,
by reason of any communication or contact of such other officer
or employee with any Member, committee, or subcommittee
of the Congress as described in paragraph (1).
SEC. 714. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that—
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission
Notice N–915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants’
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon
the performance of official duties.
SEC. 715. (a) No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in Standard
Forms 312 and 4414 of the Government or any other nondisclosure
policy, form, or agreement if such policy, form, or agreement does
not contain the following provisions: ‘‘These restrictions are consistent with and do not supersede, conflict with, or otherwise alter
the employee obligations, rights, or liabilities created by Executive
Order No. 12958; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United
States Code, as amended by the Military Whistleblower Protection
Act (governing disclosure to Congress by members of the military);
section 2302(b)(8) of title 5, United States Code, as amended by
the Whistleblower Protection Act of 1989 (governing disclosures
of illegality, waste, fraud, abuse or public health or safety threats);
the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421
et seq.) (governing disclosures that could expose confidential
Government agents); and the statutes which protect against disclosure that may compromise the national security, including sections
641, 793, 794, 798, and 952 of title 18, United States Code, and
section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C.
783(b)). The definitions, requirements, obligations, rights, sanctions,
and liabilities created by said Executive order and listed statutes
are incorporated into this agreement and are controlling.’’: Provided,
That notwithstanding the preceding provision of this section, a
nondisclosure policy form or agreement that is to be executed by
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125 STAT. 933
a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the
United States Government, may contain provisions appropriate to
the particular activity for which such document is to be used.
Such form or agreement shall, at a minimum, require that the
person will not disclose any classified information received in the
course of such activity unless specifically authorized to do so by
the United States Government. Such nondisclosure forms shall
also make it clear that they do not bar disclosures to Congress,
or to an authorized official of an executive agency or the Department
of Justice, that are essential to reporting a substantial violation
of law.
(b) Effective 180 days after enactment of this Act, subsection
(a) is amended by—
(1) striking ‘‘Executive Order No. 12958’’ and inserting
‘‘Executive Order No. 13526 (75 Fed. Reg. 707), or any successor
thereto’’;
(2) after ‘‘the Intelligence Identities Protection Act of 1982
(50 U.S.C. 421 et seq.) (governing disclosures that could expose
confidential Government agents);’’ inserting ‘‘sections 7(c) and
8H of the Inspector General Act of 1978 (5 U.S.C. App.) (relating
to disclosures to an inspector general, the inspectors general
of the Intelligence Community, and Congress); section
103H(g)(3) of the National Security Act of 1947 (50 U.S.C.
403–3h(g)(3) (relating to disclosures to the inspector general
of the Intelligence Community); sections 17(d)(5) and 17(e)(3)
of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403q(d)(5) and 403q(e)(3)) (relating to disclosures to the
Inspector General of the Central Intelligence Agency and Congress);’’; and
(3) after ‘‘Subversive Activities’’ inserting ‘‘Control’’.
(c) A nondisclosure agreement entered into before the effective
date of the amendment in subsection (b) may continue to be implemented and enforced after that effective date if it complies with
the requirements of subsection (a) that were in effect prior to
the effective date of the amendment in subsection (b).
SEC. 716. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation,
distribution or use of any kit, pamphlet, booklet, publication, radio,
television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the
Congress itself.
SEC. 717. None of the funds appropriated by this or any other
Act may be used by an agency to provide a Federal employee’s
home address to any labor organization except when the employee
has authorized such disclosure or when such disclosure has been
ordered by a court of competent jurisdiction.
SEC. 718. None of the funds made available in this Act or
any other Act may be used to provide any non-public information
such as mailing or telephone lists to any person or any organization
outside of the Federal Government without the approval of the
Committees on Appropriations of the House of Representatives and
the Senate.
SEC. 719. No part of any appropriation contained in this or
any other Act shall be used directly or indirectly, including by
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Lobbying.
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125 STAT. 934
PUBLIC LAW 112–74—DEC. 23, 2011
private contractor, for publicity or propaganda purposes within
the United States not heretofore authorized by the Congress.
SEC. 720. (a) In this section, the term ‘‘agency’’—
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under section
102 of such title, the Postal Service, and the Postal Regulatory
Commission.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official duties.
An employee not under a leave system, including a Presidential
appointee exempted under 5 U.S.C. 6301(2), has an obligation to
expend an honest effort and a reasonable proportion of such
employee’s time in the performance of official duties.
SEC. 721. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Federal Accounting Standards Advisory Board
(FASAB), shall be available to finance an appropriate share of
FASAB administrative costs.
Definition.
(TRANSFER OF FUNDS)
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Notification.
Breastfeeding.
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SEC. 722. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ‘‘General Services
Administration, Government-wide Policy’’ with the approval of the
Director of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other Act,
including rebates from charge card and other contracts: Provided,
That these funds shall be administered by the Administrator of
General Services to support Government-wide and other multiagency financial, information technology, procurement, and other
management innovations, initiatives, and activities, as approved
by the Director of the Office of Management and Budget, in consultation with the appropriate interagency and multi-agency groups
designated by the Director (including the President’s Management
Council for overall management improvement initiatives, the Chief
Financial Officers Council for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human
capital initiatives, the Chief Acquisition Officers Council for procurement initiatives, and the Performance Improvement Council for
performance improvement initiatives): Provided further, That the
total funds transferred or reimbursed shall not exceed $17,000,000
for Government-Wide innovations, initiatives, and activities: Provided further, That the funds transferred to or for reimbursement
of ‘‘General Services Administration, Government-wide Policy’’
during fiscal year 2012 shall remain available for obligation through
September 30, 2013: Provided further, That such transfers or
reimbursements may only be made after 15 days following notification of the Committees on Appropriations by the Director of the
Office of Management and Budget.
SEC. 723. Notwithstanding any other provision of law, a woman
may breastfeed her child at any location in a Federal building
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 935
or on Federal property, if the woman and her child are otherwise
authorized to be present at the location.
SEC. 724. Notwithstanding 31 U.S.C. 1346, or section 708 of
this Act, funds made available for the current fiscal year by this
or any other Act shall be available for the interagency funding
of specific projects, workshops, studies, and similar efforts to carry
out the purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit multiple
Federal departments, agencies, or entities: Provided, That the Office
of Management and Budget shall provide a report describing the
budget of and resources connected with the National Science and
Technology Council to the Committees on Appropriations, the House
Committee on Science and Technology, and the Senate Committee
on Commerce, Science, and Transportation 90 days after enactment
of this Act.
SEC. 725. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving
the distribution of Federal funds shall indicate the agency providing
the funds, the Catalog of Federal Domestic Assistance Number,
as applicable, and the amount provided: Provided, That this provision shall apply to direct payments, formula funds, and grants
received by a State receiving Federal funds.
SEC. 726. (a) PROHIBITION OF FEDERAL AGENCY MONITORING
OF INDIVIDUALS’ INTERNET USE.—None of the funds made available
in this or any other Act may be used by any Federal agency—
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally identifiable information relating to an individual’s access to or use
of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual’s access to or use of any nongovernmental Internet
site.
(b) EXCEPTIONS.—The limitations established in subsection (a)
shall not apply to—
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and
is necessarily incident to providing the Internet site services
or to protecting the rights or property of the provider of the
Internet site.
(c) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘regulatory’’ means agency actions to implement, interpret or enforce authorities provided in law.
(2) The term ‘‘supervisory’’ means examinations of the
agency’s supervised institutions, including assessing safety and
soundness, overall financial condition, management practices
and policies and compliance with applicable standards as provided in law.
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Deadline.
Applicability.
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Contracts.
Contraceptives.
Abortion.
Sports.
Drugs and drug
abuse.
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Reports.
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PUBLIC LAW 112–74—DEC. 23, 2011
SEC. 727. (a) None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract
also includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with—
(1) any of the following religious plans:
(A) Personal Care’s HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses
to prescribe or otherwise provide for contraceptives because such
activities would be contrary to the individual’s religious beliefs
or moral convictions.
(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services.
SEC. 728. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport through
testing, adjudication, education, and research as performed by
nationally recognized oversight authorities.
SEC. 729. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and agencies
may be used by such departments and agencies, if consistent with
Office of Management and Budget Circular A–126 regarding official
travel for Government personnel, to participate in the fractional
aircraft ownership pilot program.
SEC. 730. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this Act or
any other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the
Office of Personnel Management to add sections 300.311 through
300.316 to part 300 of title 5 of the Code of Federal Regulations,
published in the Federal Register, volume 68, number 174, on
September 9, 2003 (relating to the detail of executive branch
employees to the legislative branch).
SEC. 731. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations,
to be used for the purpose of conducting Federal law enforcement
training without the advance approval of the Committees on Appropriations of the House of Representatives and the Senate, except
that the Federal Law Enforcement Training Center is authorized
to obtain the temporary use of additional facilities by lease, contract,
or other agreement for training which cannot be accommodated
in existing Center facilities.
SEC. 732. (a) For fiscal year 2012, no funds shall be available
for transfers or reimbursements to the E-Government initiatives
sponsored by the Office of Management and Budget prior to 15
days following submission of a report to the Committees on Appropriations of the House of Representatives and the Senate by the
Director of the Office of Management and Budget and receipt of
approval to transfer funds by the Committees on Appropriations
of the House of Representatives and the Senate.
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125 STAT. 937
(b) The report in subsection (a) and other required justification
materials shall include at a minimum—
(1) a description of each initiative including but not limited
to its objectives, benefits, development status, risks, cost
effectiveness (including estimated net costs or savings to the
government), and the estimated date of full operational capability;
(2) the total development cost of each initiative by fiscal
year including costs to date, the estimated costs to complete
its development to full operational capability, and estimated
annual operations and maintenance costs; and
(3) the sources and distribution of funding by fiscal year
and by agency and bureau for each initiative including agency
contributions to date and estimated future contributions by
agency.
(c) No funds shall be available for obligation or expenditure
for new E-Government initiatives without the explicit approval
of the Committees on Appropriations of the House of Representatives and the Senate.
SEC. 733. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce
a study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal
employees pursuant to Office of Management and Budget Circular
A–76 or any other administrative regulation, directive, or policy.
SEC. 734. Unless otherwise authorized by existing law, none
of the funds provided in this Act or any other Act may be used
by an executive branch agency to produce any prepackaged news
story intended for broadcast or distribution in the United States,
unless the story includes a clear notification within the text or
audio of the prepackaged news story that the prepackaged news
story was prepared or funded by that executive branch agency.
SEC. 735. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United States
Code (popularly known as the Privacy Act) and regulations implementing that section.
SEC. 736. Each executive department and agency shall evaluate
the creditworthiness of an individual before issuing the individual
a government travel charge card. Such evaluations for individually
billed travel charge cards shall include an assessment of the individual’s consumer report from a consumer reporting agency as those
terms are defined in section 603 of the Fair Credit Reporting
Act (Public Law 91–508): Provided, That the department or agency
may not issue a government travel charge card to an individual
that either lacks a credit history or is found to have an unsatisfactory credit history as a result of this evaluation: Provided further,
That this restriction shall not preclude issuance of a restricteduse charge, debit, or stored value card made in accordance with
agency procedures to: (1) an individual with an unsatisfactory credit
history where such card is used to pay travel expenses and the
agency determines there is no suitable alternative payment mechanism available before issuing the card; or (2) an individual who
lacks a credit history. Each executive department and agency shall
establish guidelines and procedures for disciplinary actions to be
taken against agency personnel for improper, fraudulent, or abusive
use of government charge cards, which shall include appropriate
disciplinary actions for use of charge cards for purposes, and at
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News story.
Evaluation.
Travel cards.
5 USC 5701 note.
Guidelines.
Procedures.
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Certification.
Contracts.
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PUBLIC LAW 112–74—DEC. 23, 2011
establishments, that are inconsistent with the official business of
the Department or agency or with applicable standards of conduct.
SEC. 737. (a) DEFINITIONS.—For purposes of this section the
following definitions apply:
(1) GREAT LAKES.—The terms ‘‘Great Lakes’’ and ‘‘Great
Lakes State’’ have the same meanings as such terms have
in section 506 of the Water Resources Development Act of
2000 (42 U.S.C. 1962d–22).
(2) GREAT LAKES RESTORATION ACTIVITIES.—The term
‘‘Great Lakes restoration activities’’ means any Federal or State
activity primarily or entirely within the Great Lakes watershed
that seeks to improve the overall health of the Great Lakes
ecosystem.
(b) REPORT.—Not later than 45 days after submission of the
budget of the President to Congress, the Director of the Office
of Management and Budget, in coordination with the Governor
of each Great Lakes State and the Great Lakes Interagency Task
Force, shall submit to the appropriate authorizing and appropriating committees of the Senate and the House of Representatives
a financial report, certified by the Secretary of each agency that
has budget authority for Great Lakes restoration activities, containing—
(1) an interagency budget crosscut report that—
(A) displays the budget proposed, including any
planned interagency or intra-agency transfer, for each of
the Federal agencies that carries out Great Lakes restoration activities in the upcoming fiscal year, separately
reporting the amount of funding to be provided under
existing laws pertaining to the Great Lakes ecosystem;
and
(B) identifies all expenditures since fiscal year 2004
by the Federal Government and State governments for
Great Lakes restoration activities;
(2) a detailed accounting of all funds received and obligated
by all Federal agencies and, to the extent available, State
agencies using Federal funds, for Great Lakes restoration activities during the current and previous fiscal years;
(3) a budget for the proposed projects (including a description of the project, authorization level, and project status) to
be carried out in the upcoming fiscal year with the Federal
portion of funds for activities; and
(4) a listing of all projects to be undertaken in the upcoming
fiscal year with the Federal portion of funds for activities.
SEC. 738. (a) IN GENERAL.—None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation
under section 835(b) of the Homeland Security Act of 2002 (6
U.S.C. 395(b)) or any subsidiary of such an entity.
(b) WAIVERS.—
(1) IN GENERAL.—Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) REPORT TO CONGRESS.—Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
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125 STAT. 939
(c) EXCEPTION.—This section shall not apply to any Federal
Government contract entered into before the date of the enactment
of this Act, or to any task order issued pursuant to such contract.
SEC. 739. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or apply
the rule entitled ‘‘Competitive Area’’ published by the Office of
Personnel Management in the Federal Register on April 15, 2008
(73 Fed. Reg. 20180 et seq.).
SEC. 740. Section 743 of the Consolidated Appropriations Act,
2010 (Public Law 111–117; 31 U.S.C. 501 note) is amended in
subsection (a)(3), by inserting after ‘‘exercise of an option’’ the
following: ‘‘, and task orders issued under any such contract,’’.
SEC. 741. During fiscal year 2012, for each employee who—
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title
5, United States Code, or
(2) retires under any other provision of subchapter III
of chapter 83 or chapter 84 of such title 5 and receives a
payment as an incentive to separate, the separating agency
shall remit to the Civil Service Retirement and Disability Fund
an amount equal to the Office of Personnel Management’s
average unit cost of processing a retirement claim for the
preceding fiscal year. Such amounts shall be available until
expended to the Office of Personnel Management and shall
be deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
SEC. 742. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in any title other than title IV or VIII
shall not apply to such title IV or VIII.
SEC. 743. (a) None of the funds made available in this or
any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of the
following information as a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or directors, or any of its affiliates or subsidiaries to a candidate
for election for Federal office or to a political committee, or
that is otherwise made with respect to any election for Federal
office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers
or directors, or any of its affiliates or subsidiaries to any person
with the intent or the reasonable expectation that the person
will use the funds to make a payment described in paragraph
(1).
(b) In this section, each of the terms ‘‘contribution’’, ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘electioneering communication’’,
‘‘candidate’’, ‘‘election’’, and ‘‘Federal office’’ has the meaning given
such term in the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.).
SEC. 744. Notwithstanding any other provision of law, until
September 30, 2013, of the amounts made available for information
technology investments under the heading ‘‘Independent Agencies,
Commodity Futures Trading Commission’’ in the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2012 (division A of Public Law 112–55), the
Chairman of the Commodity Futures Trading Commission may
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Election
disclosure.
PUBL074
125 STAT. 940
Notification.
PUBLIC LAW 112–74—DEC. 23, 2011
transfer not to exceed $10,000,000 under such heading for salaries
and expenses of such Commission: Provided, That any transfer
pursuant to this section shall be subject to the notification procedures set forth in section 730 of such Act with respect to a reprogramming of funds and shall not be available for obligation
or expenditure except in compliance with such procedures.
TITLE VIII
GENERAL PROVISIONS—DISTRICT OF COLUMBIA
(INCLUDING TRANSFER OF FUNDS)
Lobbying.
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Notification.
Time period.
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SEC. 801. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia
government.
SEC. 802. None of the Federal funds provided in this Act shall
be used for publicity or propaganda purposes or implementation
of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature.
SEC. 803. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and District
government agencies, that remain available for obligation or
expenditure in fiscal year 2012, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which—
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of
$3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned
to a specific program, project or responsibility center,
unless the Committees on Appropriations of the House of Representatives and the Senate are notified in writing 15 days in advance
of the reprogramming.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of local
funds under this title through November 1, 2012.
SEC. 804. None of the Federal funds provided in this Act may
be used by the District of Columbia to provide for salaries, expenses,
or other costs associated with the offices of United States Senator
or United States Representative under section 4(d) of the District
of Columbia Statehood Constitutional Convention Initiatives of 1979
(D.C. Law 3–171; D.C. Official Code, sec. 1–123).
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 941
SEC. 805. Except as otherwise provided in this section, none
of the funds made available by this Act or by any other Act may
be used to provide any officer or employee of the District of
Columbia with an official vehicle unless the officer or employee
uses the vehicle only in the performance of the officer’s or employee’s
official duties. For purposes of this section, the term ‘‘official duties’’
does not include travel between the officer’s or employee’s residence
and workplace, except in the case of—
(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or a District
of Columbia government employee as may otherwise be designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or employee
of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and
is on call 24 hours a day or is otherwise designated by the
Fire Chief;
(3) at the discretion of the Director of the Department
of Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day or is otherwise designated by the Director;
(4) the Mayor of the District of Columbia; and
(5) the Chairman of the Council of the District of Columbia.
SEC. 806. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General
or any other officer or entity of the District government to provide
assistance for any petition drive or civil action which seeks to
require Congress to provide for voting representation in Congress
for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in private
lawsuits, or from consulting with officials of the District government
regarding such lawsuits.
SEC. 807. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the purpose
of preventing the spread of blood borne pathogens in any location
that has been determined by the local public health or local law
enforcement authorities to be inappropriate for such distribution.
SEC. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from addressing
the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation
enacted on such issue should include a ‘‘conscience clause’’ which
provides exceptions for religious beliefs and moral convictions.
SEC. 809. Hereafter, as part of the submission of the annual
budget justification, the Mayor of the District of Columbia shall
submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the
Senate a report addressing—
(1) crime, including the homicide rate, implementation of
community policing, and the number of police officers on local
beats;
(2) access to substance and alcohol abuse treatment,
including the number of treatment slots, the number of people
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Voting rights.
Needle
distribution.
Contraceptives.
Conscience
exceptions.
Deadline.
Reports.
PUBL074
125 STAT. 942
Penalties.
Drugs and drug
abuse.
Abortion.
Deadline.
Operating
budget.
Applicability.
Certification.
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Operating
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PUBLIC LAW 112–74—DEC. 23, 2011
served, the number of people on waiting lists, and the effectiveness of treatment programs, the retention rates in treatment
programs, and the recidivism/re-arrest rates for treatment
participants;
(3) education, including access to special education services
and student achievement to be provided in consultation with
the District of Columbia Public Schools, repeated grade rates,
high school graduation rates, and post-secondary education
attendance rates;
(4) improvement in basic District services, including rat
control and abatement; and
(5) application for and management of Federal grants,
including the number and type of grants for which the District
was eligible but failed to apply and the number and type
of grants awarded to the District but for which the District
failed to spend the amounts received.
SEC. 810. None of the Federal funds contained in this Act
may be used to enact or carry out any law, rule, or regulation
to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the
Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative.
SEC. 811. None of the funds appropriated under this Act shall
be expended for any abortion except where the life of the mother
would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.
SEC. 812. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for the
District of Columbia shall submit to the appropriate committees
of Congress, the Mayor, and the Council of the District of Columbia,
a revised appropriated funds operating budget in the format of
the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1–204.42), for all agencies of the District
of Columbia government for fiscal year 2012 that is in the total
amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which the
Chief Financial Officer for the District of Columbia certifies that
a reallocation is required to address unanticipated changes in program requirements.
SEC. 813. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for the District
of Columbia shall submit to the appropriate committees of Congress,
the Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia
Public Schools that aligns schools budgets to actual enrollment.
The revised appropriated funds budget shall be in the format of
the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, Sec. 1–204.42).
SEC. 814. Amounts appropriated in this Act as operating funds
may be transferred to the District of Columbia’s enterprise and
capital funds and such amounts, once transferred, shall retain
appropriation authority consistent with the provisions of this Act.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 943
SEC. 815. Notwithstanding any other laws, for this and succeeding fiscal years, the Director of the District of Columbia Public
Defender Service shall, to the extent the Director considers appropriate, provide representation for and hold harmless, or provide
liability insurance for, any person who is an employee, member
of the Board of Trustees, or officer of the District of Columbia
Public Defender Service for money damages arising out of any
claim, proceeding, or case at law relating to the furnishing of
representational services or management services or related services
while acting within the scope of that person’s office or employment,
including, but not limited to such claims, proceedings, or cases
at law involving employment actions, injury, loss of liberty, property
damage, loss of property, or personal injury, or death arising from
malpractice or negligence of any such officer or employee.
SEC. 816. Section 346 of the District of Columbia Appropriations
Act, 2005 (Public Law 108–335) is amended—
(1) in the title, by striking ‘‘BIENNIAL’’;
(2) in subsection (a), by striking ‘‘Biennial management’’
and inserting ‘‘Management’’;
(3) in subsection (a), by striking ‘‘States.’’ and inserting
‘‘States every five years.’’; and
(4) in subsection (b)(6), by striking ‘‘2’’ and inserting ‘‘5’’.
SEC. 817. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in this title or in title IV shall be treated
as referring only to the provisions of this title or of title IV.
This division may be cited as the ‘‘Financial Services and General Government Appropriations Act, 2012’’.
DIVISION D—DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS ACT, 2012
118 Stat. 1352.
Department of
Homeland
Security
Appropriations
Act, 2012.
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
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OFFICE
OF THE
SECRETARY
AND
EXECUTIVE MANAGEMENT
For necessary expenses of the Office of the Secretary of Homeland Security, as authorized by section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112), and executive management of
the Department of Homeland Security, as authorized by law,
$133,159,000: Provided, That not to exceed $51,000 shall be for
official reception and representation expenses, of which $17,000
shall be made available to the Office of Policy for Visa Waiver
Program negotiations in Washington, DC, and for other international activities: Provided further, That all official costs associated
with the use of government aircraft by Department of Homeland
Security personnel to support official travel of the Secretary and
the Deputy Secretary shall be paid from amounts made available
for the Immediate Office of the Secretary and the Immediate Office
of the Deputy Secretary: Provided further, That of the total amount
made available under this heading, $1,800,000 shall remain available until March 30, 2012, for the Office of Counternarcotics
Enforcement, of which up to $1,800,000 may, notwithstanding section 503 of this Act, be transferred to the Office of Policy: Provided
further, That amounts transferred pursuant to the preceding proviso
shall remain available until September 30, 2012: Provided further,
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Deadline.
Expenditure
plan.
PUBL074
125 STAT. 944
Comprehensive
plan.
PUBLIC LAW 112–74—DEC. 23, 2011
That the Assistant Secretary for Policy shall submit to the Committees on Appropriations of the Senate and the House of Representatives not later than March 30, 2012, an expenditure plan for the
Office of Policy which includes a detailed description of any funds
transferred to the Office for counternarcotics enforcement and
activities related to risk management and analysis: Provided further, That $30,000,000 shall not be available for obligation until
the Secretary of Homeland Security submits to the Committees
on Appropriations of the Senate and the House of Representatives
a comprehensive plan for implementation of the biometric air exit
system, as mandated in Public Law 110–53, including the estimated
costs of implementation.
OFFICE
Reports.
Deadlines.
OF THE
UNDER SECRETARY
FOR
MANAGEMENT
For necessary expenses of the Office of the Under Secretary
for Management, as authorized by sections 701 through 705 of
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345),
$235,587,000, of which not to exceed $2,500 shall be for official
reception and representation expenses: Provided, That of the total
amount made available under this heading, $5,000,000 shall remain
available until September 30, 2016, solely for the alteration and
improvement of facilities, tenant improvements, and relocation costs
to consolidate Department headquarters operations at the Nebraska
Avenue Complex; and $14,172,000 shall remain available until September 30, 2014, for the Human Resources Information Technology
program: Provided further, That the Under Secretary for Management shall, pursuant to the requirements contained in the joint
statement of managers accompanying this Act, provide to the
Committees on Appropriations of the Senate and the House of
Representatives a Comprehensive Acquisition Status Report with
the President’s budget for fiscal year 2013 as submitted under
section 1105(a) of title 31, United States Code, and quarterly
updates to such report not later than 30 days after the completion
of each quarter.
OFFICE
OF THE
CHIEF FINANCIAL OFFICER
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security
Act of 2002 (6 U.S.C. 113), $50,860,000.
OFFICE
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Plans.
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OF THE
CHIEF INFORMATION OFFICER
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security
Act of 2002 (6 U.S.C. 113), and Department-wide technology investments, $257,300,000; of which $105,500,000 shall be available for
salaries and expenses; and of which $151,800,000, to remain available until September 30, 2014, shall be available for development
and acquisition of information technology equipment, software, services, and related activities for the Department of Homeland Security: Provided, That the Department of Homeland Security Chief
Information Officer shall submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time
that the President’s budget is submitted each year under section
1105(a) of title 31, United States Code, a multi-year investment
and management plan, to include each of fiscal years 2012 through
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 945
2015, for all information technology acquisition projects funded
under this heading or funded by multiple components of the Department of Homeland Security through reimbursable agreements, that
includes—
(1) the proposed appropriations included for each project
and activity tied to mission requirements, program management capabilities, performance levels, and specific capabilities
and services to be delivered;
(2) the total estimated cost and projected timeline of
completion for all multi-year enhancements, modernizations,
and new capabilities that are proposed in such budget or underway;
(3) a detailed accounting of operations and maintenance
and contractor services costs; and
(4) a current acquisition program baseline for each project,
that—
(A) notes and explains any deviations in cost, performance parameters, schedule, or estimated date of completion
from the original acquisition program baseline;
(B) aligns the acquisition programs covered by the
baseline to mission requirements by defining existing
capabilities, identifying known capability gaps between
such existing capabilities and stated mission requirements,
and explaining how each increment will address such
known capability gaps; and
(C) defines life-cycle costs for such programs.
ANALYSIS
AND
OPERATIONS
For necessary expenses for intelligence analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $338,068,000; of which
not to exceed $4,250 shall be for official reception and representation
expenses; and of which $141,521,000 shall remain available until
September 30, 2013.
OFFICE
OF INSPECTOR
GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978
(5 U.S.C. App.), $117,000,000, of which not to exceed $300,000
may be used for certain confidential operational expenses, including
the payment of informants, to be expended at the direction of
the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. CUSTOMS
AND
BORDER PROTECTION
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SALARIES AND EXPENSES
For necessary expenses for enforcement of laws relating to
border security, immigration, customs, agricultural inspections and
regulatory activities related to plant and animal imports, and
transportation of unaccompanied minor aliens; purchase and lease
of up to 7,500 (6,500 for replacement only) police-type vehicles;
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PUBL074
125 STAT. 946
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Plans.
Deadline.
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PUBLIC LAW 112–74—DEC. 23, 2011
and contracting with individuals for personal services abroad;
$8,680,118,000; of which $3,274,000 shall be derived from the
Harbor Maintenance Trust Fund for administrative expenses
related to the collection of the Harbor Maintenance Fee pursuant
to section 9505(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not
to exceed $38,250 shall be for official reception and representation
expenses; of which not less than $287,901,000 shall be for Air
and Marine Operations; of which such sums as become available
in the Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act
of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account;
of which not to exceed $150,000 shall be available for payment
for rental space in connection with preclearance operations; of which
not to exceed $1,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate of the
Secretary of Homeland Security: Provided, That for fiscal year
2012, the overtime limitation prescribed in section 5(c)(1) of the
Act of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000;
and notwithstanding any other provision of law, none of the funds
appropriated by this Act may be available to compensate any
employee of U.S. Customs and Border Protection for overtime, from
whatever source, in an amount that exceeds such limitation, except
in individual cases determined by the Secretary of Homeland Security, or the designee of the Secretary, to be necessary for national
security purposes, to prevent excessive costs, or in cases of immigration emergencies: Provided further, That the Border Patrol shall
maintain an active duty presence of not less than 21,370 fulltime equivalent agents protecting the borders of the United States
in the fiscal year: Provided further, That the Commissioner of
U.S. Customs and Border Protection shall submit to the Committees
on Appropriations of the Senate and the House of Representatives,
with the congressional budget justification, a multi-year investment
and management plan, to include each fiscal year starting with
the current fiscal year and the 3 subsequent fiscal years, for inspection and detection technology supporting operations under this
heading, including all non-intrusive inspection and radiation detection technology, that provides—
(1) the funding level for all inspection and detection technology equipment by source;
(2) the inventory of inspection and detection technology
equipment by type and age;
(3) the proposed appropriations for procurement of inspection and detection technology equipment by type, including
quantity, for deployment, and for operations and maintenance;
(4) projected funding levels for procurement of inspection
and detection technology equipment by type, including quantity,
for deployment, and for operations and maintenance for each
of the 3 subsequent fiscal years; and
(5) a current acquisition program baseline that—
(A) aligns the acquisition of each technology to mission
requirements by defining existing capabilities of comparable legacy technology assets, identifying known capability gaps between such existing capabilities and stated
mission requirements, and explaining how the acquisition
of each technology will address such known capability gaps;
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 947
(B) defines life-cycle costs for each technology,
including all associated costs of major acquisitions systems
infrastructure and transition to operations, delineated by
purpose and fiscal year for the projected service life of
the technology; and
(C) includes a phase-out and decommissioning schedule
delineated by fiscal year for existing legacy technology
assets that each technology is intended to replace or recapitalize.
AUTOMATION MODERNIZATION
For expenses for U.S. Customs and Border Protection automated systems, $334,275,000, to remain available until September
30, 2014, of which not less than $140,000,000 shall be for the
development of the Automated Commercial Environment: Provided,
That of the total amount made available under this heading,
$25,000,000 may not be obligated for the Automated Commercial
Environment program until the Commissioner of U.S. Customs
and Border Protection submits to the Committees on Appropriations
of the Senate and the House of Representatives, not later than
60 days after the date of enactment of this Act, an expenditure
plan for the Automated Commercial Environment program
including results to date, plans for the program, and a list of
projects with associated funding from prior appropriations and provided by this Act.
Deadline.
Expenditure
plan.
Project list.
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BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
For expenses for border security fencing, infrastructure, and
technology, $400,000,000, to remain available until September 30,
2014: Provided, That of the total amount made available under
this heading, $60,000,000 shall not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive a detailed plan for expenditure, prepared by the
Commissioner of U.S. Customs and Border Protection, and submitted not later than 90 days after the date of enactment of this
Act, for a program to establish and maintain a security barrier
along the borders of the United States of fencing and vehicle barriers, where practicable, and of other forms of tactical infrastructure
and technology: Provided further, That the Commissioner of U.S.
Customs and Border Protection shall submit to the Committees
on Appropriations of the Senate and the House of Representatives,
at the time that the President’s budget is submitted each year
under section 1105(a) of title 31, United States Code, a multiyear investment and management plan for the Border Security
Fencing, Infrastructure, and Technology account, that includes for
each tactical infrastructure and technology deployment—
(1) the funding level in that budget and projected funding
levels for each of the next 3 fiscal years, including a description
of the purpose of such funds;
(2) the deployment plan, by border segment, that aligns
each deployment to mission requirements by defining existing
capabilities, identifying known capability gaps between such
existing capabilities and stated mission requirements related
to achieving operational control, and explaining how each tactical infrastructure or technology deployment will address such
known capability gaps; and
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Expenditure
plan.
Deadline.
Deadline.
Plans.
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125 STAT. 948
PUBLIC LAW 112–74—DEC. 23, 2011
(3) a current acquisition program baseline that—
(A) notes and explains any deviations in cost, performance parameters, schedule, or estimated date of completion
from the most recent acquisition program baseline
approved by the Department of Homeland Security Acquisition Review Board;
(B) includes a phase-out and life-cycle recapitalization
schedule delineated by fiscal year for existing and new
tactical infrastructure and technology deployments that
each deployment is intended to replace or recapitalize;
and
(C) includes qualitative performance metrics that
assess the effectiveness of new and existing tactical infrastructure and technology deployments and inform the next
multi-year investment and management plan related to
achieving operational control of the Northern and Southwest borders of the United States.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND
PROCUREMENT
Reports.
Deadline.
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft systems,
and other related equipment of the air and marine program,
including operational training and mission-related travel, the operations of which include the following: the interdiction of narcotics
and other goods; the provision of support to Federal, State, and
local agencies in the enforcement or administration of laws enforced
by the Department of Homeland Security; and, at the discretion
of the Secretary of Homeland Security, the provision of assistance
to Federal, State, and local agencies in other law enforcement
and emergency humanitarian efforts, $503,966,000, to remain available until September 30, 2014: Provided, That no aircraft or other
related equipment, with the exception of aircraft that are one of
a kind and have been identified as excess to U.S. Customs and
Border Protection requirements and aircraft that have been damaged beyond repair, shall be transferred to any other Federal
agency, department, or office outside of the Department of Homeland Security during fiscal year 2012 without the prior approval
of the Committees on Appropriations of the Senate and the House
of Representatives: Provided further, That the Secretary of Homeland Security shall report to the Committees on Appropriations
of the Senate and the House of Representatives, not later than
90 days after the date of enactment of this Act, on the update
to the 5-year strategic plan for the air and marine program directed
in conference report 109–241 accompanying Public Law 109–90
that addresses missions, structure, operations, equipment, facilities,
and resources including deployment and command and control
requirements, and includes a recapitalization plan with milestones
and funding, and a detailed staffing plan with associated costs
to achieve full staffing to meet all mission requirements.
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CONSTRUCTION AND FACILITIES MANAGEMENT
For necessary expenses to plan, acquire, construct, renovate,
equip, furnish, operate, manage, and maintain buildings, facilities,
and related infrastructure necessary for the administration and
enforcement of the laws relating to customs, immigration, and
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 949
border security, $236,596,000, to remain available until September
30, 2016: Provided, That for fiscal year 2012 and thereafter, the
annual budget submission of U.S. Customs and Border Protection
for ‘‘Construction and Facilities Management’’ shall, in consultation
with the General Services Administration, include a detailed 5year plan for all Federal land border port of entry projects with
a yearly update of total projected future funding needs delineated
by land port of entry: Provided further, That the Commissioner
of U.S. Customs and Border Protection shall submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President’s budget is submitted each
year under section 1105(a) of title 31, United States Code, an
inventory of the real property of U.S. Customs and Border Protection and a plan for each activity and project proposed for funding
under this heading that includes the full cost by fiscal year of
each activity and project proposed and underway in fiscal year
2013.
U.S. IMMIGRATION
AND
Plans.
Deadline.
6 USC 214 note.
Deadline.
Inventory.
Plans.
CUSTOMS ENFORCEMENT
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SALARIES AND EXPENSES
For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations, including
overseas vetted units operations; and purchase and lease of up
to 3,790 (2,350 for replacement only) police-type vehicles;
$5,528,874,000; of which not to exceed $10,000,000 shall be available until expended for conducting special operations under section
3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081);
of which not to exceed $12,750 shall be for official reception and
representation expenses; of which not to exceed $2,000,000 shall
be for awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland Security;
of which not less than $305,000 shall be for promotion of public
awareness of the child pornography tipline and activities to counter
child exploitation; of which not less than $5,400,000 shall be used
to facilitate agreements consistent with section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)); and of which
not to exceed $11,216,000 shall be available to fund or reimburse
other Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled aliens unlawfully
present in the United States: Provided, That none of the funds
made available under this heading shall be available to compensate
any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland Security, or the
designee of the Secretary, may waive that amount as necessary
for national security purposes and in cases of immigration emergencies: Provided further, That of the total amount provided,
$15,770,000 shall be for activities to enforce laws against forced
child labor, of which not to exceed $6,000,000 shall remain available
until expended: Provided further, That of the total amount available,
not less than $1,600,000,000 shall be available to identify aliens
convicted of a crime who may be deportable, and to remove them
from the United States once they are judged deportable, of which
$189,064,000 shall remain available until September 30, 2013: Provided further, That the Assistant Secretary of Homeland Security
for U.S. Immigration and Customs Enforcement shall report to
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Waiver authority.
Reports.
Deadlines.
PUBL074
125 STAT. 950
Aliens.
Detention beds.
Determination.
Contracts.
PUBLIC LAW 112–74—DEC. 23, 2011
the Committees on Appropriations of the Senate and the House
of Representatives, not later than 45 days after the end of each
quarter of the fiscal year, on progress in implementing the preceding
proviso and the funds obligated during that quarter to make such
progress: Provided further, That the Secretary of Homeland Security
shall prioritize the identification and removal of aliens convicted
of a crime by the severity of that crime: Provided further, That
funding made available under this heading shall maintain a level
of not less than 34,000 detention beds through September 30, 2012:
Provided further, That of the total amount provided, not less than
$2,750,843,000 is for detention and removal operations, including
transportation of unaccompanied minor aliens: Provided further,
That of the total amount provided, $10,300,000 shall remain available until September 30, 2013, for the Visa Security Program:
Provided further, That none of the funds provided under this
heading may be used to continue a delegation of law enforcement
authority authorized under section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland
Security Inspector General determines that the terms of the agreement governing the delegation of authority have been violated:
Provided further, That none of the funds provided under this
heading may be used to continue any contract for the provision
of detention services if the two most recent overall performance
evaluations received by the contracted facility are less than ‘‘adequate’’ or the equivalent median score in any subsequent performance evaluation system: Provided further, That nothing under this
heading shall prevent U.S. Immigration and Customs Enforcement
from exercising those authorities provided under immigration laws
(as defined in section 101(a)(17) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(17))) during priority operations pertaining
to aliens convicted of a crime.
AUTOMATION MODERNIZATION
For expenses of immigration and customs enforcement automated systems, $21,710,000, to remain available until September
30, 2016.
TRANSPORTATION SECURITY ADMINISTRATION
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AVIATION SECURITY
For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant
to the Aviation and Transportation Security Act (Public Law 107–
71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,253,956,000, to remain
available until September 30, 2013, of which not to exceed $8,500
shall be for official reception and representation expenses: Provided,
That of the total amount made available under this heading, not
to exceed $4,167,631,000 shall be for screening operations, of which
$543,103,000 shall be available for explosives detection systems;
$204,768,000 shall be for checkpoint support; and not to exceed
$1,086,325,000 shall be for aviation security direction and enforcement: Provided further, That of the amount made available in
the preceding proviso for explosives detection systems, $222,738,000
shall be available for the purchase and installation of these systems,
of which not less than 10 percent shall be available for the purchase
and installation of certified explosives detection systems at medium-
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PUBL074
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 951
and small-sized airports: Provided further, That any award to deploy
explosives detection systems shall be based on risk, the airport’s
current reliance on other screening solutions, lobby congestion
resulting in increased security concerns, high injury rates, airport
readiness, and increased cost effectiveness: Provided further, That
security service fees authorized under section 44940 of title 49,
United States Code, shall be credited to this appropriation as offsetting collections and shall be available only for aviation security:
Provided further, That the sum appropriated under this heading
from the general fund shall be reduced on a dollar-for-dollar basis
as such offsetting collections are received during fiscal year 2012
so as to result in a final fiscal year appropriation from the general
fund estimated at not more than $3,223,956,000: Provided further,
That any security service fees collected in excess of the amount
made available under this heading shall become available during
fiscal year 2013: Provided further, That notwithstanding section
44923 of title 49, United States Code, for fiscal year 2012, any
funds in the Aviation Security Capital Fund established by section
44923(h) of title 49, United States Code, may be used for the
procurement and installation of explosives detection systems or
for the issuance of other transaction agreements for the purpose
of funding projects described in section 44923(a): Provided further,
That none of the funds made available in this Act may be used
for any recruiting or hiring of personnel into the Transportation
Security Administration that would cause the agency to exceed
a staffing level of 46,000 full-time equivalent screeners: Provided
further, That the preceding proviso shall not apply to personnel
hired as part-time employees: Provided further, That not later than
90 days after the date of enactment of this Act, the Secretary
of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a detailed
report on—
(1) the Department of Homeland Security efforts and
resources being devoted to develop more advanced integrated
passenger screening technologies for the most effective security
of passengers and baggage at the lowest possible operating
and acquisition costs;
(2) how the Transportation Security Administration is
deploying its existing passenger and baggage screener
workforce in the most cost effective manner; and
(3) labor savings from the deployment of improved technologies for passenger and baggage screening and how those
savings are being used to offset security costs or reinvested
to address security vulnerabilities:
Provided further, That Members of the United States House of
Representatives and United States Senate, including the leadership;
the heads of Federal agencies and commissions, including the Secretary, Deputy Secretary, Under Secretaries, and Assistant Secretaries of the Department of Homeland Security; the United States
Attorney General, Deputy Attorney General, Assistant Attorneys
General, and the United States Attorneys; and senior members
of the Executive Office of the President, including the Director
of the Office of Management and Budget, shall not be exempt
from Federal passenger and baggage screening.
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Explosives
detection
systems.
Fees.
Deadline.
Reports.
PUBL074
125 STAT. 952
PUBLIC LAW 112–74—DEC. 23, 2011
SURFACE TRANSPORTATION SECURITY
For necessary expenses of the Transportation Security Administration related to surface transportation security activities,
$134,748,000, to remain available until September 30, 2013.
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
For necessary expenses for the development and implementation of screening programs of the Office of Transportation Threat
Assessment and Credentialing, $163,954,000, to remain available
until September 30, 2013.
TRANSPORTATION SECURITY SUPPORT
Expenditure
plans.
Deadline.
For necessary expenses of the Transportation Security Administration related to transportation security support and intelligence
pursuant to the Aviation and Transportation Security Act (Public
Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 note), $1,031,926,000,
to remain available until September 30, 2013: Provided, That of
the funds appropriated under this heading, $20,000,000 may not
be obligated for headquarters administration until the Administrator of the Transportation Security Administration submits to
the Committees on Appropriations of the Senate and the House
of Representatives detailed expenditure plans for air cargo security,
checkpoint support, and explosives detection systems refurbishment,
procurement, and installations on an airport-by-airport basis for
fiscal year 2012: Provided further, That these plans shall be submitted not later than 60 days after the date of enactment of this
Act.
FEDERAL AIR MARSHALS
For necessary
$966,115,000.
expenses
of
the
Federal
Air
Marshals,
COAST GUARD
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OPERATING EXPENSES
For necessary expenses for the operation and maintenance of
the Coast Guard, not otherwise provided for; purchase or lease
of not to exceed 25 passenger motor vehicles, which shall be for
replacement only; purchase or lease of small boats for contingent
and emergent requirements (at a unit cost of no more than
$700,000) and repairs and service-life replacements, not to exceed
a total of $31,000,000; purchase or lease of boats necessary for
overseas deployments and activities; minor shore construction
projects not exceeding $1,000,000 in total cost at any location;
payments pursuant to section 156 of Public Law 97–377 (42 U.S.C.
402 note; 96 Stat. 1920); and recreation and welfare; $7,051,054,000,
of which $598,000,000 shall be for defense-related activities, of
which $258,000,000 is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985; of which $24,500,000 shall be derived from
the Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 953
2712(a)(5)); and of which not to exceed $17,000 shall be for official
reception and representation expenses: Provided, That none of the
funds made available by this Act shall be for expenses incurred
for recreational vessels under section 12114 of title 46, United
States Code, except to the extent fees are collected from owners
of yachts and credited to this appropriation: Provided further, That
the Coast Guard shall comply with the requirements of section
527 of the National Defense Authorization Act for Fiscal Year
2004 (10 U.S.C. 4331 note) with respect to the Coast Guard
Academy: Provided further, That of the funds provided under this
heading, $75,000,000 shall be withheld from obligation for Coast
Guard Headquarters Directorates until a revised future-years capital investment plan for fiscal years 2013 through 2017, as specified
under the heading Coast Guard ‘‘Acquisition, Construction, and
Improvements’’ of this Act is submitted to the Committees on Appropriations of the Senate and the House of Representatives: Provided
further, That funds made available under this heading for Overseas
Contingency Operations/Global War on Terrorism may be allocated
by program, project, and activity, notwithstanding section 503 of
this Act.
Compliance.
Investment plan.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
For necessary expenses to carry out the environmental compliance and restoration functions of the Coast Guard under chapter
19 of title 14, United States Code, $13,500,000, to remain available
until September 30, 2016.
RESERVE TRAINING
For necessary expenses of the Coast Guard Reserve, as authorized by law; operations and maintenance of the Coast Guard reserve
program; personnel and training costs; and equipment and services;
$134,278,000.
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ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels,
and aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease and operation of facilities and equipment; as
authorized by law; $1,403,924,000, of which $20,000,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990
(33 U.S.C. 2712(a)(5)); of which $20,000,000 shall remain available
until September 30, 2016, for military family housing, of which
not more than $14,000,000 shall be derived from the Coast Guard
Housing Fund, established pursuant to 14 U.S.C. 687; of which
$642,000,000 shall be available until September 30, 2016, to
acquire, effect major repairs to, renovate, or improve vessels, small
boats, and related equipment; of which $289,900,000 shall be available until September 30, 2016, to acquire, effect major repairs
to, renovate, or improve aircraft or increase aviation capability;
of which $161,140,000 shall be available until September 30, 2016,
for other acquisition programs; of which $180,692,000 shall be available until September 30, 2016, for shore facilities and aids to
navigation, including waterfront facilities at Navy installations used
by the Coast Guard; of which $110,192,000 shall be available for
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PUBL074
125 STAT. 954
Contracts.
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Deadline.
Investment plan.
14 USC 663 note.
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PUBLIC LAW 112–74—DEC. 23, 2011
personnel compensation and benefits and related costs: Provided,
That the funds provided by this Act shall be immediately available
and allotted to contract for long lead time materials, components,
and designs for the sixth National Security Cutter notwithstanding
the availability of funds for production costs or post-production
costs: Provided further, That the Secretary of Homeland Security
shall submit to the Committees on Appropriations of the Senate
and the House of Representatives, at the time that the President’s
budget is submitted each year under section 1105(a) of title 31,
United States Code, a future-years capital investment plan for
the Coast Guard that identifies for each requested capital asset—
(1) the proposed appropriations included in that budget;
(2) the total estimated cost of completion, including and
clearly delineating the costs of associated major acquisition
systems infrastructure and transition to operations;
(3) projected funding levels for each fiscal year for the
next 5 fiscal years or until acquisition program baseline or
project completion, whichever is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) a current acquisition program baseline for each capital
asset, as applicable, that—
(A) includes the total acquisition cost of each asset,
subdivided by fiscal year and including a detailed description of the purpose of the proposed funding levels for each
fiscal year, including for each fiscal year funds requested
for design, pre-acquisition activities, production, structural
modifications, missionization, post-delivery, and transition
to operations costs;
(B) includes a detailed project schedule through
completion, subdivided by fiscal year, that details—
(i) quantities planned for each fiscal year; and
(ii) major acquisition and project events, including
development of operational requirements, contracting
actions, design reviews, production, delivery, test and
evaluation, and transition to operations, including necessary training, shore infrastructure, and logistics;
(C) notes and explains any deviations in cost, performance parameters, schedule, or estimated date of completion
from the original acquisition program baseline and the
most recent baseline approved by the Department of Homeland Security’s Acquisition Review Board, if applicable;
(D) aligns the acquisition of each asset to mission
requirements by defining existing capabilities of comparable legacy assets, identifying known capability gaps
between such existing capabilities and stated mission
requirements, and explaining how the acquisition of each
asset will address such known capability gaps;
(E) defines life-cycle costs for each asset and the date
of the estimate on which such costs are based, including
all associated costs of major acquisitions systems infrastructure and transition to operations, delineated by purpose and fiscal year for the projected service life of the
asset;
(F) includes the earned value management system
summary schedule performance index and cost performance
index for each asset, if applicable; and
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 955
(G) includes a phase-out and decommissioning schedule
delineated by fiscal year for each existing legacy asset
that each asset is intended to replace or recapitalize:
Provided further, That the Secretary of Homeland Security shall
ensure that amounts specified in the future-years capital investment
plan are consistent, to the maximum extent practicable, with proposed appropriations necessary to support the programs, projects,
and activities of the Coast Guard in the President’s budget as
submitted under section 1105(a) of title 31, United States Code,
for that fiscal year: Provided further, That any inconsistencies
between the capital investment plan and proposed appropriations
shall be identified and justified: Provided further, That subsections
(a) and (b) of section 6402 of Public Law 110–28 shall apply with
respect to the amounts made available under this heading.
Applicability.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
For necessary expenses for applied scientific research, development, test, and evaluation; and for maintenance, rehabilitation,
lease, and operation of facilities and equipment; as authorized by
law; $27,779,000, to remain available until September 30, 2016,
of which $500,000 shall be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of the
Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That
there may be credited to and used for the purposes of this appropriation funds received from State and local governments, other public
authorities, private sources, and foreign countries for expenses
incurred for research, development, testing, and evaluation.
RETIRED PAY
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments
under the Retired Serviceman’s Family Protection and Survivor
Benefits Plans, payment for career status bonuses, concurrent
receipts and combat-related special compensation under the
National Defense Authorization Act, and payments for medical care
of retired personnel and their dependents under chapter 55 of
title 10, United States Code, $1,440,157,000, to remain available
until expended.
UNITED STATES SECRET SERVICE
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SALARIES AND EXPENSES
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 652 vehicles for police-type
use for replacement only; hire of passenger motor vehicles; purchase
of motorcycles made in the United States; hire of aircraft; services
of expert witnesses at such rates as may be determined by the
Director of the Secret Service; rental of buildings in the District
of Columbia, and fencing, lighting, guard booths, and other facilities
on private or other property not in Government ownership or control, as may be necessary to perform protective functions; payment
of per diem or subsistence allowances to employees in cases in
which a protective assignment on the actual day or days of the
visit of a protectee requires an employee to work 16 hours per
day or to remain overnight at a post of duty; conduct of and
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PUBL074
125 STAT. 956
Waiver authority.
Reports.
Certification.
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Notification.
Deadline.
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PUBLIC LAW 112–74—DEC. 23, 2011
participation in firearms matches; presentation of awards; travel
of United States Secret Service employees on protective missions
without regard to the limitations on such expenditures in this
or any other Act if approval is obtained in advance from the
Committees on Appropriations of the Senate and the House of
Representatives; research and development; grants to conduct
behavioral research in support of protective research and operations;
and payment in advance for commercial accommodations as may
be necessary to perform protective functions; $1,661,237,000, of
which not to exceed $21,250 shall be for official reception and
representation expenses; of which not to exceed $100,000 shall
be to provide technical assistance and equipment to foreign law
enforcement organizations in counterfeit investigations; of which
$2,366,000 shall be for forensic and related support of investigations
of missing and exploited children; and of which $6,000,000 shall
be for a grant for activities related to investigations of missing
and exploited children and shall remain available until September
30, 2013: Provided, That up to $18,000,000 for protective travel
shall remain available until September 30, 2013: Provided further,
That up to $19,307,000 for National Special Security Events shall
remain available until September 30, 2013: Provided further, That
the United States Secret Service is authorized to obligate funds
in anticipation of reimbursements from Federal agencies and entities, as defined in section 105 of title 5, United States Code, for
personnel receiving training sponsored by the James J. Rowley
Training Center, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources available
under this heading at the end of the fiscal year: Provided further,
That none of the funds made available under this heading shall
be available to compensate any employee for overtime in an annual
amount in excess of $35,000, except that the Secretary of Homeland
Security, or the designee of the Secretary, may waive that amount
as necessary for national security purposes: Provided further, That
none of the funds made available to the United States Secret
Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency
other than the Secretary of Homeland Security: Provided further,
That the Director of the United States Secret Service may enter
into an agreement to provide such protection on a fully reimbursable
basis: Provided further, That of the total amount made available
under this heading, $43,843,000, to remain available until September 30, 2014, is for information integration and technology
transformation: Provided further, That $20,000,000 made available
in the preceding proviso shall not be obligated to purchase or
install information technology equipment until the Department of
Homeland Security Chief Information Officer submits a report to
the Committees on Appropriations of the Senate and the House
of Representatives certifying that all plans for integration and
transformation are consistent with Department of Homeland Security data center migration and enterprise architecture requirements:
Provided further, That none of the funds made available to the
United States Secret Service by this Act or by previous appropriations Acts may be obligated for the purpose of opening a new
permanent domestic or overseas office or location unless the
Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such obligation.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 957
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of facilities, $5,380,000, to remain
available until September 30, 2016.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
NATIONAL PROTECTION
AND
PROGRAMS DIRECTORATE
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the Office of the Under Secretary
for the National Protection and Programs Directorate, support for
operations, information technology, and the Office of Risk Management and Analysis, $50,695,000: Provided, That not to exceed
$4,250 shall be for official reception and representation expenses:
Provided further, That, subject to section 503 of this Act, the Secretary of Homeland Security may transfer up to $4,241,000 to
the Office of Policy under the heading Departmental Management
and Operations ‘‘Office of the Secretary and Executive Management’’
for activities related to risk management and analysis: Provided
further, That in the preceding proviso notification shall take place
not later than 90 days after the date of enactment of this Act:
Provided further, That any funds not transferred pursuant to the
penultimate proviso shall be available solely to close out the Office
of Risk Management and Analysis not later than September 30,
2012, and shall not be available for further transfer or reprogramming pursuant to section 503 of this Act.
Notification.
Deadline.
Deadline.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by title
II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$888,243,000, of which $200,000,000 shall remain available until
September 30, 2013: Provided, That the Under Secretary for the
National Protection and Programs Directorate shall submit a plan
for expenditure for the National Cyber Security Division and the
Office of Infrastructure Protection, to the Committees on Appropriations of the Senate and the House of Representatives, not later
than 90 days after the date of enactment of this Act.
Expenditure
plan.
Deadline.
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FEDERAL PROTECTIVE SERVICE
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings
and for the operations of the Federal Protective Service: Provided,
That the Secretary of Homeland Security and the Director of the
Office of Management and Budget shall certify in writing to the
Committees on Appropriations of the Senate and the House of
Representatives not later than December 31, 2011, that the operations of the Federal Protective Service will be fully funded in
fiscal year 2012 through revenues and collection of security fees,
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Certification.
Deadline.
PUBL074
125 STAT. 958
Expenditure
plan.
Deadline.
Strategic plan.
PUBLIC LAW 112–74—DEC. 23, 2011
and shall adjust the fees to ensure fee collections are sufficient
to ensure that the Federal Protective Service maintains not fewer
than 1,371 full-time equivalent staff and 1,007 full-time equivalent
Police Officers, Inspectors, Area Commanders, and Special Agents
who, while working, are directly engaged on a daily basis protecting
and enforcing laws at Federal buildings (referred to as ‘‘in-service
field staff’’): Provided further, That an expenditure plan for fiscal
year 2012 shall be provided to the Committees on Appropriations
of the Senate and the House of Representatives not later than
60 days after the date of enactment of this Act: Provided further,
That the Director of the Federal Protective Service shall include
with the submission of the President’s fiscal year 2013 budget
a strategic human capital plan that aligns fee collections to personnel requirements based on a current threat assessment.
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR
TECHNOLOGY
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Deadline.
Plans.
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For necessary expenses for the United States Visitor and
Immigrant Status Indicator Technology program, as authorized by
section 110 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1365a), $306,802,000, of which
$9,400,000 is for development of a comprehensive plan for
implementation of biometric air exit and improvements to biographic entry-exit capabilities: Provided, That of the total amount
made available under this heading, $194,295,000 is to remain available until September 30, 2014: Provided further, That of the total
amount provided, $50,000,000 may not be obligated for the United
States Visitor and Immigrant Status Indicator Technology program
until the Secretary of Homeland Security submits to the Committees
on Appropriations of the Senate and the House of Representatives
at the time that the President’s budget is submitted each year
under section 1105(a) of title 31, United States Code, a multiyear investment and management plan, to include each fiscal year
starting with the current fiscal year, and the following 3 fiscal
years, for the United States Visitor and Immigrant Status Indicator
Technology program that includes—
(1) the proposed appropriations for each activity tied to
mission requirements and outcomes, program management
capabilities, performance levels, and specific capabilities and
services to be delivered, noting any deviations in cost or
performance from the prior fiscal year expenditure or investment and management plan;
(2) the total estimated cost, projected funding by fiscal
year, and projected timeline of completion for all enhancements,
modernizations, and new capabilities proposed in such budget
and underway, including and clearly delineating associated
efforts and funds requested by other agencies within the
Department of Homeland Security and in the Federal Government, and detailing any deviations in cost, performance,
schedule, or estimated date of completion provided in the prior
fiscal year expenditure or investment and management plan;
and
(3) a detailed accounting of operations and maintenance,
contractor services, and program costs associated with the
management of identity services.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
OFFICE
OF
125 STAT. 959
HEALTH AFFAIRS
For necessary expenses of the Office of Health Affairs,
$167,449,000; of which $29,671,000 is for salaries and expenses
and $90,164,000 is for BioWatch operations: Provided, That
$47,614,000 shall remain available until September 30, 2013, for
biosurveillance, BioWatch Generation 3, chemical defense, medical
and health planning and coordination, and workforce health protection: Provided further, That not to exceed $2,500 shall be for official
reception and representation expenses: Provided further, That the
Assistant Secretary for the Office of Health Affairs shall submit
an expenditure plan for fiscal year 2012 to the Committees on
Appropriations of the Senate and the House of Representatives
not later than 60 days after the date of enactment of this Act.
Expenditure
plan.
Deadline.
FEDERAL EMERGENCY MANAGEMENT AGENCY
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SALARIES AND EXPENSES
For necessary expenses of the Federal Emergency Management
Agency, $895,350,000, including activities authorized by the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.),
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), the Cerro Grande Fire Assistance
Act of 2000 (division C, title I, 114 Stat. 583), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Defense
Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections
107 and 303 of the National Security Act of 1947 (50 U.S.C. 404,
405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), and the PostKatrina Emergency Management Reform Act of 2006 (Public Law
109–295; 120 Stat. 1394): Provided, That not to exceed $2,500
shall be for official reception and representation expenses: Provided
further, That the Administrator of the Federal Emergency Management Agency may reprogram funds made available under this
heading between programs, projects, and activities prior to April
16, 2012, notwithstanding section 503 of this Act: Provided further,
That $1,400,000 of the funds available for the Office of the Administrator of the Federal Emergency Management Agency shall not
be available for obligation until the Administrator of the Federal
Emergency Management Agency submits to the Committees on
Appropriations of the Senate and the House of Representatives
the National Preparedness Report required by Public Law 109–
295 and a comprehensive plan to implement a system to measure
the effectiveness of grants to State and local communities in fiscal
year 2012: Provided further, That for purposes of planning, coordination, execution, and decision making related to mass evacuation
during a disaster, the Governors of the State of West Virginia
and the Commonwealth of Pennsylvania, or their designees, shall
be incorporated into efforts to integrate the activities of Federal,
State, and local governments in the National Capital Region, as
defined in section 882 of the Homeland Security Act of 2002 (Public
Law 107–296): Provided further, That of the total amount made
available under this heading, $41,250,000 shall be for the Urban
Search and Rescue Response System, of which not to exceed
$1,600,000 may be made available for administrative costs;
$5,493,000 shall be for the Office of National Capital Region
Coordination; not to exceed $12,000,000 shall remain available until
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Reports.
Comprehensive
plan.
Disaster
evacuation.
West Virginia.
Pennsylvania.
PUBL074
125 STAT. 960
Strategic plan.
Deadline.
PUBLIC LAW 112–74—DEC. 23, 2011
September 30, 2013, for capital improvements at the Mount
Weather Emergency Operations Center; and not less than
$13,662,000 shall be for expenses related to modernization of automated systems: Provided further, That the Administrator of the
Federal Emergency Management Agency, in consultation with the
Department of Homeland Security Chief Information Officer, shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives a strategic plan, not later than 180
days after the date of enactment of this Act, for the funds specified
in the preceding proviso related to modernization of automated
systems, that includes—
(1) a comprehensive plan to automate and modernize
information systems to resolve current inefficiencies, integrate
data, and aid in better performance of executing the Agencywide mission;
(2) a description of the appropriations for each project
and activity tied to mission requirements and outcomes, program management capabilities, performance levels, and specific
capabilities and services to be delivered;
(3) the total estimated cost and projected timeline of
completion for all multi-year enhancements, modernizations,
and new capabilities proposed and underway covering a period
of no less than 3 years;
(4) a detailed accounting of operations and maintenance
and contractor services costs; and
(5) the current or planned acquisition programs including—
(A) how the programs align to mission requirements
by defining existing capabilities, identifying known capability gaps between such existing capabilities and stated
mission requirements, and explaining how each increment
will address a known capability gap;
(B) how programs provide quantifiable information that
aids in understanding national emergency management
capabilities;
(C) how programs ensure information sharing among
homeland security partners; and
(D) life-cycle costs for all acquisitions.
STATE AND LOCAL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
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Puerto Rico.
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For grants, contracts, cooperative agreements, and other activities, $1,349,681,000, which shall be distributed, according to threat,
vulnerability, and consequence, at the discretion of the Secretary
of Homeland Security based on the following authorities:
(1) The State Homeland Security Grant Program under
section 2004 of the Homeland Security Act of 2002 (6 U.S.C.
605): Provided, That notwithstanding subsection (c)(4) of such
section 2004, for fiscal year 2012, the Commonwealth of Puerto
Rico shall make available to local and tribal governments
amounts provided to the Commonwealth of Puerto Rico under
this paragraph in accordance with subsection (c)(1) of such
section 2004.
(2) The Urban Area Security Initiative under section 2003
of the Homeland Security Act of 2002 (6 U.S.C. 604).
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PUBL074
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 961
(3) The Metropolitan Medical Response System under section 635 of the Post-Katrina Emergency Management Reform
Act of 2006 (6 U.S.C. 723).
(4) The Citizen Corps Program.
(5) Public Transportation Security Assistance and Railroad
Security Assistance, under sections 1406 and 1513 of the Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1135 and 1163), including Amtrak security: Provided,
That such public transportation security assistance shall be
provided directly to public transportation agencies.
(6) Over-the-Road Bus Security Assistance under section
1532 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1182).
(7) Port Security Grants in accordance with 46 U.S.C.
70107.
(8) The Driver’s License Security Grants Program in accordance with section 204 of the REAL ID Act of 2005 (49 U.S.C.
30301 note).
(9) The Interoperable Emergency Communications Grant
Program under section 1809 of the Homeland Security Act
of 2002 (6 U.S.C. 579).
(10) Emergency Operations Centers under section 614 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196c).
(11) Buffer Zone Protection Program Grants.
(12) Organizations (as described under section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from tax
section 501(a) of such code) determined by the Secretary to
be at high risk of a terrorist attack:
Provided, That of the amount provided under this heading,
$50,000,000 shall be for Operation Stonegarden and no less than
$100,000,000 shall be for areas at the highest threat of a terrorist
attack: Provided further, That $231,681,000 shall be for training,
exercises, technical assistance, and other programs, of which
$155,500,000 shall be for training of State, local, and tribal emergency response providers: Provided further, That for grants under
paragraphs (1) through (12), applications for grants shall be made
available to eligible applicants not later than 60 days after the
date of enactment of this Act, that eligible applicants shall submit
applications not later than 80 days after the grant announcement,
and the Administrator of the Federal Emergency Management
Agency shall act within 65 days after the receipt of an application:
Provided further, That notwithstanding section 2008(a)(11) of the
Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)), or any other
provision of law, a grantee may use not more than 5 percent
of the amount of a grant made available under this heading for
expenses directly related to administration of the grant: Provided
further, That 6.8 percent of the amounts provided under this
heading shall be transferred to the Federal Emergency Management
Agency ‘‘Salaries and Expenses’’ account for program administration: Provided further, That for grants under paragraphs (1) and
(2), the installation of communication towers is not considered
construction of a building or other physical facility: Provided further,
That grantees shall provide reports on their use of funds, as determined necessary by the Secretary of Homeland Security: Provided
further, That in fiscal year 2012: (a) the Center for Domestic
Preparedness may provide training to emergency response providers
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Security
assistance.
Grants.
Deadlines.
Reports.
Determination.
PUBL074
125 STAT. 962
PUBLIC LAW 112–74—DEC. 23, 2011
from the Federal Government, foreign governments, or private entities, if the Center for Domestic Preparedness is reimbursed for
the cost of such training, and any reimbursement under this subsection shall be credited to the account from which the expenditure
being reimbursed was made and shall be available, without fiscal
year limitation, for the purposes for which amounts in the account
may be expended; (b) the head of the Center for Domestic Preparedness shall ensure that any training provided under (a) does not
interfere with the primary mission of the Center to train state
and local emergency response providers; and (c) subject to (b),
nothing in (a) prohibits the Center for Domestic Preparedness from
providing training to employees of the Federal Emergency Management Agency in existing chemical, biological, radiological, nuclear,
explosives, mass casualty, and medical surge courses pursuant to
5 U.S.C. 4103 without reimbursement for the cost of such training.
FIREFIGHTER ASSISTANCE GRANTS
For necessary expenses for programs authorized by the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$675,000,000, to remain available until September 30, 2013, of
which $337,500,000 shall be available to carry out section 33 of
that Act (15 U.S.C. 2229) and $337,500,000 shall be available
to carry out section 34 of that Act (15 U.S.C. 2229a): Provided,
That not to exceed 5 percent of the amount available under this
heading shall be available for program administration.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
For necessary expenses for emergency management performance grants, as authorized by the National Flood Insurance Act
of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701
et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
$350,000,000: Provided, That total administrative costs shall not
exceed 3 percent of the total amount appropriated under this
heading.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
Fees.
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Effective date.
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The aggregate charges assessed during fiscal year 2012, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100
percent of the amounts anticipated by the Department of Homeland
Security necessary for its radiological emergency preparedness program for the next fiscal year: Provided, That the methodology
for assessment and collection of fees shall be fair and equitable
and shall reflect costs of providing such services, including administrative costs of collecting such fees: Provided further, That fees
received under this heading shall be deposited in this account
as offsetting collections and will become available for authorized
purposes on October 1, 2012, and remain available until expended.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 963
UNITED STATES FIRE ADMINISTRATION
For necessary expenses of the United States Fire Administration and for other purposes, as authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) and
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.),
$44,038,000.
DISASTER RELIEF FUND
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(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), $700,000,000, to remain available until expended, of which
$24,000,000 shall be transferred to the Department of Homeland
Security Office of Inspector General for audits and investigations
related to disasters: Provided, That the Administrator of the Federal
Emergency Management Agency shall submit an expenditure plan
to the Committees on Appropriations of the Senate and the House
of Representatives detailing the use of the funds made available
in this or any other Act for disaster readiness and support not
later than 60 days after the date of enactment of this Act: Provided
further, That the Administrator of the Federal Emergency Management Agency shall submit to such Committees a quarterly report
detailing obligations against the expenditure plan and a justification
for any changes from the initial plan: Provided further, That the
matter under this heading in title III of division E of Public Law
110–161 is amended by striking the fourth proviso: Provided further,
That the Administrator of the Federal Emergency Management
Agency shall submit to the Committees on Appropriations of the
Senate and the House of Representatives the following reports,
including a specific description of the methodology and the source
data used in developing such reports:
(1) an estimate of the following amounts shall be submitted
for the budget year at the time that the President’s budget
is submitted each year under section 1105(a) of title 31, United
States Code:
(A) the unobligated balance of funds to be carried
over from the prior fiscal year to the budget year;
(B) the unobligated balance of funds to be carried
over from the budget year to the budget year plus 1;
(C) the amount of obligations for non-catastrophic
events for the budget year;
(D) the amount of obligations for the budget year for
catastrophic events delineated by event and by State;
(E) the total amount that has been previously obligated
or will be required for catastrophic events delineated by
event and by State for all prior years, the current year,
the budget year, the budget year plus 1, the budget year
plus 2, and the budget year plus 3 and beyond;
(F) the amount of previously obligated funds that will
be recovered for the budget year;
(G) the amount that will be required for obligations
for emergencies, as described in section 102(1) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122(1)), major disasters, as described in section
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Expenditure
plan.
Deadline.
Deadlines.
Reports.
42 USC 5208.
Reports.
PUBL074
125 STAT. 964
PUBLIC LAW 112–74—DEC. 23, 2011
102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)), fire management
assistance grants, as described in section 420 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5187), surge activities, and disaster readiness
and support activities;
(H) the amount required for activities not covered
under section 251(b)(2)(D)(iii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)(iii); Public Law 99–177);
(2) an estimate or actual amounts, if available, of the
following for the current fiscal year shall be submitted not
later than the fifth day of each month beginning with the
first full month after the date of enactment of this Act:
(A) a summary of the amount of appropriations made
available by source, the transfers executed, the previously
allocated funds recovered, and the commitments, allocations, and obligations made;
(B) a table of disaster relief activity delineated by
month, including—
(i) the beginning and ending balances;
(ii) the total obligations to include amounts obligated for fire assistance, emergencies, surge, and disaster support activities;
(iii) the obligations for catastrophic events delineated by event and by State; and
(iv) the amount of previously obligated funds that
are recovered;
(C) a summary of allocations, obligations, and expenditures for catastrophic events delineated by event; and
(D) the date on which funds appropriated will be
exhausted.
Deadlines.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
For activities under section 319 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162),
$295,000 is for the cost of direct loans: Provided, That gross obligations for the principal amount of direct loans shall not exceed
$25,000,000: Provided further, That the cost of modifying such
loans shall be as defined in section 502 of the Congressional Budget
Act of 1974 (2 U.S.C. 661a).
FLOOD HAZARD MAPPING AND RISK ANALYSIS PROGRAM
For necessary expenses, including administrative costs, under
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101), $97,712,000, and such additional sums as may be provided
by State and local governments or other political subdivisions for
cost-shared mapping activities under section 1360(f)(2) of such Act
(42 U.S.C. 4101(f)(2)), to remain available until expended.
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NATIONAL FLOOD INSURANCE FUND
For activities under the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.) and the Flood Disaster Protection Act
of 1973 (42 U.S.C. 4001 et seq.), $171,000,000, which shall be
derived from offsetting collections assessed and collected under
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 965
section 1308(d) of the National Flood Insurance Act of 1968 (42
U.S.C. 4015(d)); of which not to exceed $22,000,000 shall be available for salaries and expenses associated with flood mitigation
and flood insurance operations; and not less than $149,000,000
shall be available for flood plain management and flood mapping,
which shall remain available until September 30, 2013: Provided,
That any additional fees collected pursuant to section 1308(d) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall
be credited as an offsetting collection to this account, to be available
for flood plain management and flood mapping: Provided further,
That in fiscal year 2012, no funds shall be available from the
National Flood Insurance Fund under section 1310 of that Act
(42 U.S.C. 4017) in excess of:
(1) $132,000,000 for operating expenses;
(2) $1,007,571,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $60,000,000, which shall remain available until
expended for flood mitigation actions; of which not less than
$10,000,000 is for severe repetitive loss properties under section
1361A of the National Flood Insurance Act of 1968 (42 U.S.C.
4102a); of which $10,000,000 shall be for repetitive insurance
claims properties under section 1323 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4030); and of which
$40,000,000 shall be for flood mitigation assistance under section 1366 of the National Flood Insurance Act of 1968 (42
U.S.C. 4104c), notwithstanding subparagraphs (B) and (C) of
subsection (b)(3) and subsection (f) of section 1366 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104c) and
notwithstanding subsection (a)(7) of section 1310 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4017):
Provided further, That the amounts collected under section 102
of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a)
and section 1366(i) of the National Flood Insurance Act of 1968
shall be deposited in the National Flood Insurance Fund to supplement other amounts specified as available for section 1366 of the
National Insurance Act of 1968, notwithstanding subsection (f)(8)
of such section 102 (42 U.S.C. 4012a(f)(8) and subsection 1366(i)
and paragraphs (2) and (3) of section 1367(b) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4104c(i), 4104d(b)(2)–(3)): Provided
further, That total administrative costs shall not exceed 4 percent
of the total appropriation.
NATIONAL PREDISASTER MITIGATION FUND
For the predisaster mitigation grant program under section
203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), $35,500,000, to remain available until
expended: Provided, That the total administrative costs associated
with such grants shall not exceed $3,000,000 of the total amount
made available under this heading.
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EMERGENCY FOOD AND SHELTER
To carry out the emergency food and shelter program pursuant
to title III of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11331 et seq.), $120,000,000, to remain available until
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PUBL074
125 STAT. 966
PUBLIC LAW 112–74—DEC. 23, 2011
expended: Provided, That total administrative costs shall not exceed
3.5 percent of the total amount made available under this heading.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
UNITED STATES CITIZENSHIP
AND IMMIGRATION
SERVICES
For necessary expenses for citizenship and immigration services, $102,424,000 for the E-Verify Program, as described in section
403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), to assist United States
employers with maintaining a legal workforce: Provided, That notwithstanding any other provision of law, funds otherwise made
available to United States Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to 5
vehicles, for replacement only, for areas where the Administrator
of General Services does not provide vehicles for lease: Provided
further, That the Director of United States Citizenship and
Immigration Services may authorize employees who are assigned
to those areas to use such vehicles to travel between the employees’
residences and places of employment.
FEDERAL LAW ENFORCEMENT TRAINING CENTER
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SALARIES AND EXPENSES
For necessary expenses of the Federal Law Enforcement
Training Center, including materials and support costs of Federal
law enforcement basic training; the purchase of not to exceed 117
vehicles for police-type use and hire of passenger motor vehicles;
expenses for student athletic and related activities; the conduct
of and participation in firearms matches and presentation of
awards; public awareness and enhancement of community support
of law enforcement training; room and board for student interns;
a flat monthly reimbursement to employees authorized to use personal mobile phones for official duties; and services as authorized
by section 3109 of title 5, United States Code; $238,957,000; of
which up to $48,978,000 shall remain available until September
30, 2013, for materials and support costs of Federal law enforcement
basic training; of which $300,000 shall remain available until
expended to be distributed to Federal law enforcement agencies
for expenses incurred participating in training accreditation; and
of which not to exceed $10,200 shall be for official reception and
representation expenses: Provided, That the Center is authorized
to obligate funds in anticipation of reimbursements from agencies
receiving training sponsored by the Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary
resources available at the end of the fiscal year: Provided further,
That section 1202(a) of Public Law 107–206 (42 U.S.C. 3771 note),
as amended by Public Law 111–83 (123 Stat. 2166), is further
amended by striking ‘‘December 31, 2012’’ and inserting ‘‘December
31, 2014’’: Provided further, That the Director of the Federal Law
Enforcement Training Center shall schedule basic or advanced law
enforcement training, or both, at all four training facilities under
the control of the Federal Law Enforcement Training Center to
ensure that such training facilities are operated at the highest
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 967
capacity throughout the fiscal year: Provided further, That the
Federal Law Enforcement Training Accreditation Board, including
representatives from the Federal law enforcement community and
non-Federal accreditation experts involved in law enforcement
training, shall lead the Federal law enforcement training accreditation process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law enforcement
training programs, facilities, and instructors.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES
For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements,
and related expenses of the Federal Law Enforcement Training
Center, $32,456,000, to remain available until September 30, 2016:
Provided, That the Center is authorized to accept reimbursement
to this appropriation from government agencies requesting the
construction of special use facilities.
SCIENCE
AND
TECHNOLOGY
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the Office of the Under Secretary
for Science and Technology and for management and administration
of programs and activities, as authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), $135,000,000:
Provided, That not to exceed $8,500 shall be for official reception
and representation expenses.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
For necessary expenses for science and technology research,
including advanced research projects, development, test and evaluation, acquisition, and operations as authorized by title III of the
Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), and the
purchase or lease of not to exceed 5 vehicles, $533,000,000, of
which $356,500,000, to remain available until September 30, 2014;
and of which $176,500,000, to remain available until September
30, 2016, solely for operation and construction of laboratory facilities.
DOMESTIC NUCLEAR DETECTION OFFICE
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MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the Domestic Nuclear Detection
Office, as authorized by title XIX of the Homeland Security Act
of 2002 (6 U.S.C. 591 et seq.), for management and administration
of programs and activities, $38,000,000: Provided, That not to
exceed $2,500 shall be for official reception and representation
expenses: Provided further, That not later than 180 days after
the date of enactment of this Act, the Secretary of Homeland
Security shall submit to the Committees on Appropriations of the
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PUBLIC LAW 112–74—DEC. 23, 2011
Senate and the House of Representatives a strategic plan of investments necessary to implement the Department of Homeland Security’s responsibilities under the domestic component of the global
nuclear detection architecture that shall:
(1) define each Departmental entity’s roles and responsibilities in support of the domestic detection architecture, including
any existing or planned programs to pre-screen cargo or conveyances overseas;
(2) identify and describe the specific investments being
made by Departmental organizations in fiscal year 2012, and
planned for fiscal year 2013, to support the domestic architecture and the security of sea, land, and air pathways into the
United States;
(3) describe the investments necessary to close known
vulnerabilities and gaps, including associated costs and timeframes, and estimates of feasibility and cost effectiveness; and
(4) explain how the Department’s research and development funding is furthering the implementation of the domestic
nuclear detection architecture, including specific investments
planned for each of fiscal years 2012 and 2013.
RESEARCH, DEVELOPMENT, AND OPERATIONS
For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $215,000,000, to
remain available until September 30, 2014.
SYSTEMS ACQUISITION
For expenses for the Domestic Nuclear Detection Office acquisition and deployment of radiological detection systems in accordance
with the global nuclear detection architecture, $37,000,000, to
remain available until September 30, 2014.
TITLE V
GENERAL PROVISIONS
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SEC. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 502. Subject to the requirements of section 503 of this
Act, the unexpended balances of prior appropriations provided for
activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this Act, may be merged
with funds in the applicable established accounts, and thereafter
may be accounted for as one fund for the same time period as
originally enacted.
SEC. 503. (a) None of the funds provided by this Act, provided
by previous appropriations Acts to the agencies in or transferred
to the Department of Homeland Security that remain available
for obligation or expenditure in fiscal year 2012, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming of funds that:
(1) creates a new program, project, or activity;
(2) eliminates a program, project, office, or activity;
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 969
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity
by either of the Committees on Appropriations of the Senate
or the House of Representatives for a different purpose; or
(5) contracts out any function or activity for which funding
levels were requested for Federal full-time equivalents in the
object classification tables contained in the fiscal year 2012
Budget Appendix for the Department of Homeland Security,
as modified by the joint explanatory statement accompanying
this Act, unless the Committees on Appropriations of the Senate
and the House of Representatives are notified 15 days in
advance of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation
or expenditure in fiscal year 2012, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees or proceeds available to the agencies funded by this Act,
shall be available for obligation or expenditure for programs,
projects, or activities through a reprogramming of funds in excess
of $5,000,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or reduces the numbers of personnel by
10 percent as approved by the Congress; or
(3) results from any general savings from a reduction in
personnel that would result in a change in existing programs,
projects, or activities as approved by the Congress, unless the
Committees on Appropriations of the Senate and the House
of Representatives are notified 15 days in advance of such
reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Department of Homeland Security
by this Act or provided by previous appropriations Acts may be
transferred between such appropriations, but no such appropriation,
except as otherwise specifically provided, shall be increased by
more than 10 percent by such transfers: Provided, That any transfer
under this section shall be treated as a reprogramming of funds
under subsection (b) and shall not be available for obligation unless
the Committees on Appropriations of the Senate and the House
of Representatives are notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this section,
no funds shall be reprogrammed within or transferred between
appropriations after June 30, except in extraordinary circumstances
that imminently threaten the safety of human life or the protection
of property.
(e) The notification thresholds and procedures set forth in this
section shall apply to any use of deobligated balances of funds
provided in previous Department of Homeland Security Appropriations Acts.
SEC. 504. The Department of Homeland Security Working Capital Fund, established pursuant to section 403 of Public Law 103–
356 (31 U.S.C. 501 note), shall continue operations as a permanent
working capital fund for fiscal year 2012: Provided, That none
of the funds appropriated or otherwise made available to the Department of Homeland Security may be used to make payments to
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PUBL074
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Approval request.
Grants.
Contracts.
Notifications.
Deadlines.
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PUBLIC LAW 112–74—DEC. 23, 2011
the Working Capital Fund, except for the activities and amounts
allowed in the President’s fiscal year 2012 budget: Provided further,
That funds provided to the Working Capital Fund shall be available
for obligation until expended to carry out the purposes of the
Working Capital Fund: Provided further, That all departmental
components shall be charged only for direct usage of each Working
Capital Fund service: Provided further, That funds provided to
the Working Capital Fund shall be used only for purposes consistent
with the contributing component: Provided further, That the
Working Capital Fund shall be paid in advance or reimbursed
at rates which will return the full cost of each service: Provided
further, That the Working Capital Fund shall be subject to the
requirements of section 503 of this Act.
SEC. 505. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2012 from appropriations for salaries
and expenses for fiscal year 2012 in this Act shall remain available
through September 30, 2013, in the account and for the purposes
for which the appropriations were provided: Provided, That prior
to the obligation of such funds, a request shall be submitted to
the Committees on Appropriations of the Senate and the House
of Representatives for approval in accordance with section 503
of this Act.
SEC. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414) during fiscal year 2012 until the enactment of
an Act authorizing intelligence activities for fiscal year 2012.
SEC. 507. (a) Except as provided in subsections (b) and (c),
none of the funds made available by this Act may be used to—
(1) make or award a grant allocation, grant, contract, other
transaction agreement, task or delivery order on a Department
of Homeland Security multiple award contract, or to issue
a letter of intent totaling in excess of $1,000,000;
(2) award a task or delivery order requiring an obligation
of funds in an amount greater than $10,000,000 from multiyear Department of Homeland Security funds or a task or
delivery order that would cause cumulative obligations of multiyear funds in a single account to exceed 50 percent of the
total amount appropriated; or
(3) announce publicly the intention to make or award items
under paragraph (1) or (2), including a contract covered by
the Federal Acquisition Regulation.
(b) The Secretary of Homeland Security may waive the prohibition under subsection (a) if the Secretary notifies the Committees
on Appropriations of the Senate and the House of Representatives
at least 3 full business days in advance of making an award or
issuing a letter as described in that subsection.
(c) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification,
and the Secretary shall notify the Committees on Appropriations
of the Senate and the House of Representatives not later than
5 full business days after such an award is made or letter issued.
(d) A notification under this section—
(1) may not involve funds that are not available for obligation; and
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 971
(2) shall include the amount of the award, the fiscal year
for which the funds for the award were appropriated, and
the account from which the funds are being drawn.
(e) The Administrator of the Federal Emergency Management
Agency shall brief the Committees on Appropriations of the Senate
and the House of Representatives 5 full business days in advance
of announcing publicly the intention of making an award under
‘‘State and Local Programs’’.
SEC. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without the advance
approval of the Committees on Appropriations of the Senate and
the House of Representatives, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use
of additional facilities by lease, contract, or other agreement for
training that cannot be accommodated in existing Center facilities.
SEC. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States
Code, has not been approved, except that necessary funds may
be expended for each project for required expenses for the development of a proposed prospectus.
SEC. 510. Sections 520, 522, and 530, of the Department of
Homeland Security Appropriations Act, 2008 (division E of Public
Law 110–161; 121 Stat. 2073 and 2074) shall apply with respect
to funds made available in this Act in the same manner as such
sections applied to funds made available in that Act.
SEC. 511. None of the funds made available in this Act may
be used in contravention of the applicable provisions of the Buy
American Act (41 U.S.C. 10a et seq.).
SEC. 512. None of the funds made available in this Act may
be used by any person other than the Privacy Officer appointed
under subsection (a) of section 222 of the Homeland Security Act
of 2002 (6 U.S.C. 142(a)) to alter, direct that changes be made
to, delay, or prohibit the transmission to Congress of any report
prepared under paragraph (6) of such subsection.
SEC. 513. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section 337
of the Immigration and Nationality Act (8 U.S.C. 1448).
SEC. 514. Within 45 days after the end of each month, the
Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate
and the House of Representatives a monthly budget and staffing
report for that month that includes total obligations, on-board
versus funded full-time equivalent staffing levels, and the number
of contract employees for each office of the Department.
SEC. 515. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided as of June
1, 2004, by employees (including employees serving on a temporary
or term basis) of United States Citizenship and Immigration Services of the Department of Homeland Security who are known as
of that date as Immigration Information Officers, Contact Representatives, or Investigative Assistants.
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Contracts.
Applicability.
Deadlines.
Budget.
Reports.
PUBL074
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Notification.
Deadlines.
Reports.
Classified
information.
Grants.
Contracts.
Waiver authority.
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PUBLIC LAW 112–74—DEC. 23, 2011
SEC. 516. Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to Transportation Security Administration ‘‘Aviation Security’’, ‘‘Administration’’, and ‘‘Transportation Security Support’’ for fiscal years 2004
and 2005 that are recovered or deobligated shall be available only
for the procurement or installation of explosives detection systems,
air cargo, baggage, and checkpoint screening systems, subject to
notification: Provided, That quarterly reports shall be submitted
to the Committees on Appropriations of the Senate and the House
of Representatives on any funds that are recovered or deobligated.
SEC. 517. Any funds appropriated to Coast Guard ‘‘Acquisition,
Construction, and Improvements’’ for fiscal years 2002, 2003, 2004,
2005, and 2006 for the 110–123 foot patrol boat conversion that
are recovered, collected, or otherwise received as the result of negotiation, mediation, or litigation, shall be available until expended
for the Fast Response Cutter program.
SEC. 518. Section 532(a) of Public Law 109–295 (120 Stat.
1384) is amended by striking ‘‘2011’’ and inserting ‘‘2012’’.
SEC. 519. The functions of the Federal Law Enforcement
Training Center instructor staff shall be classified as inherently
governmental for the purpose of the Federal Activities Inventory
Reform Act of 1998 (31 U.S.C. 501 note).
SEC. 520. (a) Except as provided in subsection (b), none of
the funds appropriated in this or any other Act to the ‘‘Office
of the Secretary and Executive Management’’, the ‘‘Office of the
Under Secretary for Management’’, or the ‘‘Office of the Chief Financial Officer’’, may be obligated for a grant or contract funded under
such headings by any means other than full and open competition.
(b) Subsection (a) does not apply to obligation of funds for
a contract awarded—
(1) by a means that is required by a Federal statute,
including obligation for a purchase made under a mandated
preferential program, including the AbilityOne Program, that
is authorized under the Javits-Wagner-O’Day Act (41 U.S.C.
46 et seq.);
(2) pursuant to the Small Business Act (15 U.S.C. 631
et seq.);
(3) in an amount less than the simplified acquisition
threshold described under section 302A(a) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C.
252a(a)); or
(4) by another Federal agency using funds provided through
an interagency agreement.
(c)(1) Subject to paragraph (2), the Secretary of Homeland
Security may waive the application of this section for the award
of a contract in the interest of national security or if failure to
do so would pose a substantial risk to human health or welfare.
(2) Not later than 5 days after the date on which the Secretary
of Homeland Security issues a waiver under this subsection, the
Secretary shall submit notification of that waiver to the Committees
on Appropriations of the Senate and the House of Representatives,
including a description of the applicable contract to which the
waiver applies and an explanation of why the waiver authority
was used: Provided, That the Secretary may not delegate the
authority to grant such a waiver.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 973
(d) In addition to the requirements established by subsections
(a), (b), and (c) of this section, the Inspector General of the Department of Homeland Security shall review departmental contracts
awarded through means other than a full and open competition
to assess departmental compliance with applicable laws and regulations: Provided, That the Inspector General shall review selected
contracts awarded in the previous fiscal year through means other
than a full and open competition: Provided further, That in selecting
which contracts to review, the Inspector General shall consider
the cost and complexity of the goods and services to be provided
under the contract, the criticality of the contract to fulfilling Department missions, past performance problems on similar contracts
or by the selected vendor, complaints received about the award
process or contractor performance, and such other factors as the
Inspector General deems relevant: Provided further, That the
Inspector General shall report the results of the reviews to the
Committees on Appropriations of the Senate and the House of
Representatives no later than February 6, 2012.
SEC. 521. None of the funds provided by this or previous appropriations Acts shall be used to fund any position designated as
a Principal Federal Official (or the successor thereto) for any Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) declared disasters or emergencies unless—
(1) The responsibilities of the Principal Federal Official
do not include operational functions related to incident management, including coordination of operations, and are consistent
with the requirements of subsection 509(c) and subsections
503(c)(3) and (c)(4)(A) of the Homeland Security Act of 2002
(6 U.S.C. 319(c) and 313(c)(3) and (c)(4)(A)) and section 302
of the Robert T. Stafford Disaster Relief and Assistance Act
(42 U.S.C. 5143);
(2) Not later than 10 business days after the latter of
the date on which the Secretary of Homeland Security appoints
the Principal Federal Official and the date on which the President issues a declaration under section 401 or section 501
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191, respectively), the Secretary
of Homeland Security shall submit a notification of the appointment of the Principal Federal Official and a description of
the responsibilities of such Official and how such responsibilities are consistent with paragraph (1) to the Committees on
Appropriations of the Senate and the House of Representatives,
the Transportation and Infrastructure Committee of the House
of Representatives, and the Homeland Security and Governmental Affairs Committee of the Senate; and
(3) Not later than 60 days after the date of enactment
of this Act, the Secretary shall provide a report specifying
timeframes and milestones regarding the update of operations,
planning and policy documents, and training and exercise protocols, to ensure consistency with paragraph (1) of this section.
SEC. 522. None of the funds made available in this or any
other Act for fiscal years 2012 and thereafter may be used to
enforce section 4025(1) of Public Law 108–458 unless the Administrator of the Transportation Security Administration reverses the
determination of July 19, 2007, that butane lighters are not a
significant threat to civil aviation security.
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Reports.
Deadline.
Deadlines.
Notification.
Reports.
Butane lighters.
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Equine.
6 USC 453c.
Contracts.
Fees.
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SEC. 523. None of the funds provided or otherwise made available in this Act shall be available to carry out section 872 of
the Homeland Security Act of 2002 (6 U.S.C. 452).
SEC. 524. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the Coast
Guard nationwide, including civil engineering units, facilities design
and construction centers, maintenance and logistics commands, and
the Coast Guard Academy, except that none of the funds provided
in this Act may be used to reduce operations within any Civil
Engineering Unit unless specifically authorized by a statute enacted
after the date of enactment of this Act.
SEC. 525. None of the funds made available in this Act may
be used by United States Citizenship and Immigration Services
to grant an immigration benefit unless the results of background
checks required by law to be completed prior to the granting of
the benefit have been received by United States Citizenship and
Immigration Services, and the results do not preclude the granting
of the benefit.
SEC. 526. None of the funds made available in this or any
other Act for fiscal year 2012 and thereafter may be used to destroy
or put out to pasture any horse or other equine belonging to any
component or agency of the Department of Homeland Security
that has become unfit for service, unless the trainer or handler
is first given the option to take possession of the equine through
an adoption program that has safeguards against slaughter and
inhumane treatment.
SEC. 527. Section 831 of the Homeland Security Act of 2002
(6 U.S.C. 391) is amended—
(1) in subsection (a), by striking ‘‘Until September 30,
2011,’’ and inserting ‘‘Until September 30, 2012,’’;
(2) by striking subsection (b);
(3) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively; and
(4) in subsection (c)(1) (as redesignated by paragraph (3)
of this section), by striking ‘‘September 30, 2011,’’ and inserting
‘‘September 30, 2012,’’.
SEC. 528. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security that
provide award fees link such fees to successful acquisition outcomes
(which outcomes shall be specified in terms of cost, schedule, and
performance).
SEC. 529. Notwithstanding any other provision of law, none
of the funds provided in this or any other Act shall be used to
approve a waiver of the navigation and vessel-inspection laws
pursuant to 46 U.S.C. 501(b) for the transportation of crude oil
distributed from the Strategic Petroleum Reserve until the Secretary of Homeland Security, after consultation with the Secretaries
of the Departments of Energy and Transportation and representatives from the United States flag maritime industry, takes adequate
measures to ensure the use of United States flag vessels: Provided,
That the Secretary shall notify the Committees on Appropriations
of the Senate and the House of Representatives, the Committee
on Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the House of
Representatives within 48 hours of any request for waivers of
navigation and vessel-inspection laws pursuant to 46 U.S.C. 501(b).
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125 STAT. 975
SEC. 530. None of the funds made available to the Office of
the Secretary and Executive Management under this Act may be
expended for any new hires by the Department of Homeland Security that are not verified through the E-Verify Program as described
in section 403(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note).
SEC. 531. None of the funds in this Act shall be used to
reduce the United States Coast Guard’s Operations Systems Center
mission or its government-employed or contract staff levels.
SEC. 532. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription drug
(within the meaning of section 801(g) of the Federal Food, Drug,
and Cosmetic Act) from importing a prescription drug from Canada
that complies with the Federal Food, Drug, and Cosmetic Act:
Provided, That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription
drug, not to exceed a 90-day supply: Provided further, That the
prescription drug may not be—
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
SEC. 533. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a competition
under Office of Management and Budget Circular A–76 for activities
performed with respect to the Coast Guard National Vessel Documentation Center.
SEC. 534. The Secretary of Homeland Security, in consultation
with the Secretary of the Treasury, shall notify the Committees
on Appropriations of the Senate and the House of Representatives
of any proposed transfers of funds available under section 9703.1
(g)(4)(B) of title 31, United States Code (as added by Public Law
102–393) from the Department of the Treasury Forfeiture Fund
to any agency within the Department of Homeland Security: Provided, That none of the funds identified for such a transfer may
be obligated until the Committees on Appropriations of the Senate
and the House of Representatives approve the proposed transfers.
SEC. 535. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a national
identification card.
SEC. 536. If the Administrator of the Transportation Security
Administration determines that an airport does not need to participate in the E-Verify Program as described in section 403(a) of
the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1324a note), the Administrator shall certify to
the Committees on Appropriations of the Senate and the House
of Representatives that no security risks will result from such
non-participation.
SEC. 537. (a) Notwithstanding any other provision of this Act,
except as provided in subsection (b), and 30 days after the date
on which the President determines whether to declare a major
disaster because of an event and any appeal is completed, the
Administrator shall publish on the Web site of the Federal Emergency Management Agency a report regarding that decision that
shall summarize damage assessment information used to determine
whether to declare a major disaster.
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abuse.
Canada.
Applicability.
Notification.
National
identification
card.
Determination.
Certification.
Deadline.
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Web posting.
Reports.
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Real property.
6 USC 190 note.
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(b) The Administrator may redact from a report under subsection (a) any data that the Administrator determines would compromise national security.
(c) In this section—
(1) the term ‘‘Administrator’’ means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ‘‘major disaster’’ has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
SEC. 538. (a) Notwithstanding any other provision of law during
fiscal year 2012 or any subsequent fiscal year, if the Secretary
of Homeland Security determines that the National Bio- and Agrodefense Facility should be located at a site other than Plum Island,
New York, the Secretary shall ensure that the Administrator of
General Services sells through public sale all real and related
personal property and transportation assets which support Plum
Island operations, subject to such terms and conditions as may
be necessary to protect Government interests and meet program
requirements.
(b) The proceeds of such sale described in subsection (a) shall
be deposited as offsetting collections into the Department of Homeland Security Science and Technology ‘‘Research, Development,
Acquisition, and Operations’’ account and, subject to appropriation,
shall be available until expended, for site acquisition, construction,
and costs related to the construction of the National Bio- and
Agro-defense Facility, including the costs associated with the sale,
including due diligence requirements, necessary environmental
remediation at Plum Island, and reimbursement of expenses
incurred by the General Services Administration.
SEC. 539. Any official that is required by this Act to report
or to certify to the Committees on Appropriations of the Senate
and the House of Representatives may not delegate such authority
to perform that act unless specifically authorized herein.
SEC. 540. Section 550(b) of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109–295; 6 U.S.C. 121
note), as amended by section 550 of the Department of Homeland
Security Appropriations Act, 2010 (Public Law 111–83), is further
amended by striking ‘‘on October 4, 2011’’ and inserting ‘‘on October
4, 2012’’.
SEC. 541. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release,
or assist in the transfer or release to or within the United States,
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
SEC. 542. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies funded
by this Act in contravention of sections 301–10.122 through 301.10–
124 of title 41, Code of Federal Regulations.
SEC. 543. None of the funds made available in this Act may
be used to propose or effect a disciplinary or adverse action, with
respect to any Department of Homeland Security employee who
engages regularly with the public in the performance of his or
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 977
her official duties solely because that employee elects to utilize
protective equipment or measures, including but not limited to
surgical masks, N95 respirators, gloves, or hand-sanitizers, where
use of such equipment or measures is in accord with Department
of Homeland Security policy, and Centers for Disease Control and
Prevention and Office of Personnel Management guidance.
SEC. 544. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of the
Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
SEC. 545. (a) Any company that collects or retains personal
information directly from any individual who participates in the
Registered Traveler program of the Transportation Security
Administration shall safeguard and dispose of such information
in accordance with the requirements in—
(1) the National Institute for Standards and Technology
Special Publication 800–30, entitled ‘‘Risk Management Guide
for Information Technology Systems’’;
(2) the National Institute for Standards and Technology
Special Publication 800–53, Revision 3, entitled ‘‘Recommended
Security Controls for Federal Information Systems and
Organizations,’’; and
(3) any supplemental standards established by the
Administrator of the Transportation Security Administration
(referred to in this section as the ‘‘Administrator’’).
(b) The airport authority or air carrier operator that sponsors
the company under the Registered Traveler program shall be known
as the Sponsoring Entity.
(c) The Administrator shall require any company covered by
subsection (a) to provide, not later than 30 days after the date
of enactment of this Act, to the Sponsoring Entity written certification that the procedures used by the company to safeguard and
dispose of information are in compliance with the requirements
under subsection (a). Such certification shall include a description
of the procedures used by the company to comply with such requirements.
SEC. 546. For fiscal year 2012 and thereafter, for purposes
of section 210C of the Homeland Security Act of 2002 (6 U.S.C.
124j), a rural area shall also include any area that is located
in a metropolitan statistical area and a county, borough, parish,
or area under the jurisdiction of an Indian tribe with a population
of not more than 50,000.
SEC. 547. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for contractor
performance that has been judged to be below satisfactory performance or performance that does not meet the basic requirements
of a contract.
SEC. 548. (a) Not later than 180 days after the date of enactment of this Act, the Administrator of the Transportation Security
Administration shall submit to the Committees on Appropriations
of the Senate and the House of Representatives, a report that
either—
(1) certifies that the requirement for screening all air cargo
on passenger aircraft by the deadline under section 44901(g)
of title 49, United States Code, has been met; or
(2) includes a strategy to comply with the requirements
under title 44901(g) of title 49, United States Code, including—
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Deadline.
Certification.
6 USC 124j note.
Contracts.
Deadline.
Reports.
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125 STAT. 978
Reports.
Deadline.
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Design plan.
Assessments.
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PUBLIC LAW 112–74—DEC. 23, 2011
(A) a plan to meet the requirement under section
44901(g) of title 49, United States Code, to screen 100
percent of air cargo transported on passenger aircraft
arriving in the United States in foreign air transportation
(as that term is defined in section 40102 of that title);
and
(B) specification of—
(i) the percentage of such air cargo that is being
screened; and
(ii) the schedule for achieving screening of 100
percent of such air cargo.
(b) The Administrator shall continue to submit reports
described in subsection (a)(2) every 180 days thereafter until the
Administrator certifies that the Transportation Security Administration has achieved screening of 100 percent of such air cargo.
SEC. 549. In developing any process to screen aviation passengers and crews for transportation or national security purposes,
the Secretary of Homeland Security shall ensure that all such
processes take into consideration such passengers’ and crews’ privacy and civil liberties consistent with applicable laws, regulations,
and guidance.
SEC. 550. (a) None of the funds made available in this Act
may be obligated for construction of the National Bio- and Agrodefense Facility until the Department of Homeland Security—
(1) completes 50 percent of design planning for the National
Bio- and Agro-defense Facility;
(2) submits to the Committees on Appropriations of the
Senate and the House of Representatives a revised site-specific
biosafety and biosecurity mitigation risk assessment that
describes how to significantly reduce risks of conducting essential research and diagnostic testing at the National Bio- and
Agro-defense Facility and addresses shortcomings identified in
the National Academy of Sciences’ evaluation of the initial
site-specific biosafety and biosecurity mitigation risk assessment; and
(3) submits to the Committees on Appropriations of the
Senate and the House of Representatives the results of the
National Academy of Sciences’ review of the risk assessment
as described in subsection (c).
(b) The revised site-specific biosafety and biosecurity mitigation
risk assessment required by subsection (a) shall—
(1) include a quantitative risk assessment for foot-andmouth disease virus, in particular epidemiological and economic
impact modeling to determine the overall risk of operating
the facility for its expected 50-year life span, taking into account
strategies to mitigate risk of foot-and-mouth disease virus
release from the laboratory and ensure safe operations at the
approved National Bio- and Agro-defense Facility site;
(2) address the impact of surveillance, response, and mitigation plans (developed in consultation with local, State, and
Federal authorities and appropriate stakeholders) if a release
occurs, to detect and control the spread of disease; and
(3) include overall risks of the most dangerous pathogens
the Department of Homeland Security expects to hold in the
National Bio- and Agro-defense Facility’s biosafety level 4
facility, and effectiveness of mitigation strategies to reduce
those risks.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 979
(c) The Department of Homeland Security shall enter into a
contract with the National Academy of Sciences to evaluate the
adequacy and validity of the risk assessment required by subsection
(a). The National Academy of Sciences shall submit a report on
such evaluation within four months after the date the Department
of Homeland Security concludes its risk assessment.
SEC. 551. (a) Notwithstanding section 1356(n) of title 8, United
States Code, of the funds deposited into the Immigration Examinations Fee Account, $10,000,000 shall be available to United States
Citizenship and Immigration Services in fiscal year 2012 for the
purpose of providing an immigrant integration grants program.
(b) None of the funds made available to United States Citizenship and Immigration Services for grants for immigrant integration
may be used to provide services to aliens who have not been
lawfully admitted for permanent residence.
SEC. 552. For an additional amount for necessary expenses
for reimbursement of the actual costs to State and local governments
for providing emergency management, public safety, and security
at events, as determined by the Administrator of the Federal Emergency Management Agency, related to the presence of a National
Special Security Event, $7,500,000, to remain available until September 30, 2013.
SEC. 553. Notwithstanding the 10 percent limitation contained
in section 503(c) of this Act, the Secretary of Homeland Security
may transfer to the fund established by 8 U.S.C. 1101 note, up
to $20,000,000 from appropriations available to the Department
of Homeland Security: Provided, That the Secretary shall notify
the Committees on Appropriations of the Senate and the House
of Representatives 5 days in advance of such transfer.
SEC. 554. The administrative law judge annuitants participating in the Senior Administrative Law Judge Program managed
by the Director of the Office of Personnel Management under section
3323 of title 5, United States Code, shall be available on a temporary re-employment basis to conduct arbitrations of disputes as
part of the arbitration panel established by the President under
section 601 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 164).
SEC. 555. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any federal contract unless such contract
is entered into in accordance with the requirements of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 253)
or Chapter 137 of title 10, United States Code, and the Federal
Acquisition Regulation, unless such contract is otherwise authorized
by statute to be entered into without regard to the above referenced
statutes.
SEC. 556. (a) For an additional amount for data center migration, $70,000,000.
(b) Funds made available in subsection (a) for data center
migration may be transferred by the Secretary of Homeland Security between appropriations for the same purpose, notwithstanding
section 503 of this Act.
(c) No transfer described in subsection (b) shall occur until
15 days after the Committees on Appropriations of the Senate
and the House of Representatives are notified of such transfer.
SEC. 557. For fiscal year 2012 and thereafter, U.S. Customs
and Border Protection’s Advanced Training Center is authorized
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Contracts.
Reports.
Deadline.
Grants.
Notification.
Deadline.
Arbitrations.
Contracts.
Deadline.
Notification.
6 USC 464.
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123 Stat. 2180.
Detention
facilities.
Real property.
Notification.
Deadline.
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PUBLIC LAW 112–74—DEC. 23, 2011
to charge fees for any service and/or thing of value it provides
to Federal Government or non-government entities or individuals,
so long as the fees charged do not exceed the full costs associated
with the service or thing of value provided: Provided, That notwithstanding 31 U.S.C. 3302(b), fees collected by the Advanced Training
Center are to be deposited into a separate account entitled
‘‘Advanced Training Center Revolving Fund’’, and be available, without further appropriations, for necessary expenses of the Advanced
Training Center program, and are to remain available until
expended.
SEC. 558. Section 559(e) of Public Law 111–83 is amended—
(a) in the matter preceding the first proviso, by striking
‘‘law, sell’’ and inserting ‘‘law, hereafter sell’’; and
(b) in the first proviso—
(1) by striking ‘‘shall be deposited’’ and inserting ‘‘shall
hereafter be deposited’’; and
(2) by striking ‘‘subject to appropriation,’’ and inserting
‘‘without further appropriations,’’.
SEC. 559. Notwithstanding any other provision of law, should
the Secretary of Homeland Security determine that specific U.S.
Immigration and Customs Enforcement Service Processing Centers
or other U.S. Immigration and Customs Enforcement owned detention facilities no longer meet the mission need, the Secretary is
authorized to dispose of individual Service Processing Centers or
other U.S. Immigration and Customs Enforcement owned detention
facilities by directing the Administrator of General Services to
sell all real and related personal property which support Service
Processing Centers or other U.S. Immigration and Customs Enforcement owned detention facilities, subject to such terms and conditions as necessary to protect Government interests and meet program requirements: Provided, That the proceeds, net of the costs
of sale incurred by the General Services Administration and U.S.
Immigration and Customs Enforcement, shall be deposited as offsetting collections into a separate account that shall be available,
subject to appropriation, until expended for other real property
capital asset needs of existing U.S. Immigration and Customs
Enforcement assets, excluding daily operations and maintenance
costs, as the Secretary deems appropriate: Provided further, That
any sale or collocation of federally owned detention facilities shall
not result in the maintenance of fewer than 34,000 detention beds:
Provided further, That the Committees on Appropriations of the
Senate and the House of Representatives shall be notified 15 days
prior to the announcement of any proposed sale or collocation.
SEC. 560. For an additional amount for the ‘‘Office of the
Under Secretary for Management’’, $55,979,000, to remain available
until expended, for necessary expenses to plan, acquire, construct,
renovate, remediate, equip, furnish, and occupy buildings and facilities for the consolidation of department headquarters at St. Elizabeths and associated mission support consolidation: Provided, That
the Committees on Appropriations of the Senate and the House
of Representatives shall receive an expenditure plan not later than
90 days after the date of enactment of this Act detailing the allocation of these funds.
SEC. 561. None of the funds made available by this Act may
be used to enforce the requirements in—
(1) section 34(a)(1)(A) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229(a)(1)(A));
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 981
(2) section 34(a)(1)(B) of such Act;
(3) section 34(c)(1) of such Act;
(4) section 34(c)(2) of such Act;
(5) section 34(c)(4)(A) of such Act; and
(6) section 34(a)(1)(E) of such Act.
SEC. 562. Notwithstanding the requirement under section
34(a)(1)(A) of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2229a(a)(1)(A)) that grants must be used to increase
the number of firefighters in fire departments, the Secretary of
Homeland Security, in making grants under section 34 of such
Act using the funds appropriated for fiscal year 2011, shall grant
waivers from the requirements of subsections (a)(1)(B), (c)(1), (c)(2),
and (c)(4)(A) of such section: Provided, That section 34(a)(1)(E)
of such Act shall not apply with respect to funds appropriated
for fiscal year 2011 for grants under section 34 of such Act: Provided
further, That the Secretary of Homeland Security, in making grants
under section 34 of such Act, shall ensure that funds appropriated
for fiscal year 2011 are made available for the hiring, rehiring,
or retention of firefighters.
SEC. 563. For fiscal year 2012 and thereafter, notwithstanding
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)) and 31 U.S.C. 3302, in the event that a spill of national
significance occurs, any payment of amounts from the Oil Spill
Liability Trust Fund pursuant to section 1012(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(1)) for the removal costs incurred
by the Coast Guard for such spill, shall be credited directly to
the accounts of the Coast Guard current at the time such removal
costs were incurred or when reimbursement is received: Provided,
That such amounts shall be merged with and, without further
appropriations, made available for the same time period and the
same purpose as the appropriation to which it is credited.
SEC. 564. (a) CIVIL PENALTIES FOR CIRCUMVENTING SECURITY
SCREENING.—Section 46301(a)(5)(A)(i) of title 49, United States
Code, is amended—
(1) by striking ‘‘or chapter 449’’ and inserting ‘‘chapter
449’’; and
(2) by inserting ‘‘, or section 46314(a)’’ after ‘‘44909)’’.
(b) CRIMINAL PENALTIES FOR CIRCUMVENTING SECURITY
SCREENING.—Section 46314(b)(2) of title 49, United States Code,
is amended by inserting ‘‘with intent to evade security procedures
or restrictions or’’ after ‘‘of this section’’.
(c) NOTICE OF PENALTIES.—Section 46314 of title 49, United
States Code, is amended by adding at the end the following new
subsection:
‘‘(c) NOTICE OF PENALTIES.—
‘‘(1) IN GENERAL.—Each operator of an airport in the United
States that is required to establish an air transportation security program pursuant to section 44903(c) shall ensure that
signs that meet such requirements as the Secretary of Homeland Security may prescribe providing notice of the penalties
imposed under section 46301(a)(5)(A)(i) and subsection (b) of
this section are displayed near all screening locations, all locations where passengers exit the sterile area, and such other
locations at the airport as the Secretary of Homeland Security
determines appropriate.
‘‘(2) EFFECT OF SIGNS ON PENALTIES.—An individual shall
be subject to a penalty imposed under section 46301(a)(5)(A)(i)
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Firefighters.
Waivers.
33 USC 2712
note.
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Disaster
Assistance
Recoupment
Fairness Act
of 2011.
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PUBLIC LAW 112–74—DEC. 23, 2011
or subsection (b) of this section without regard to whether
signs are displayed at an airport as required by paragraph
(1).’’.
SEC. 565. (a) SHORT TITLE.—This section may be cited as the
‘‘Disaster Assistance Recoupment Fairness Act of 2011’’.
(b) DEBTS SINCE 2005.—
(1) DEFINITION.—In this section, the term ‘‘covered assistance’’ means assistance provided—
(A) under section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174);
and
(B) in relation to a major disaster declared by the
President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)
during the period beginning on August 28, 2005, and ending
on December 31, 2010.
(2) WAIVER AUTHORITY.—The Administrator of the Federal
Emergency Management Agency—
(A) subject to subparagraph (B) and paragraph (3),
may waive a debt owed to the United States related to
covered assistance provided to an individual or household
if—
(i) the covered assistance was distributed based
on an error by the Federal Emergency Management
Agency;
(ii) there was no fault on behalf of the debtor;
and
(iii) the collection of the debt would be against
equity and good conscience; and
(B) may not waive a debt under subparagraph (A)
if the debt involves fraud, the presentation of a false claim,
or misrepresentation by the debtor or any party having
an interest in the claim.
(3) PRESUMPTION OF REPAYMENT.—In determining whether
to waive a debt under paragraph (2), the Administrator of
the Federal Emergency Management Agency shall presume
that, if the adjusted gross income (as defined under section
62 of the Internal Revenue Code of 1986) of the household
of the debtor for the last taxable year ending in or with the
calendar year preceding the date on which the income is determined exceeds $90,000, the debtor should be required to make
at least a partial payment on the debt.
(4) REPORTING.—Not later than 3 months after the date
of enactment of this Act, and every 3 months thereafter until
the date that is 18 months after the date of enactment of
this Act, the Inspector General of the Department of Homeland
Security shall submit a report that assesses the cost-effectiveness of the efforts of the Federal Emergency Management
Agency to recoup improper payments under the Individuals
and Household Program under section 408 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174) to—
(A) the Committee on Homeland Security and Governmental Affairs and the Subcommittee on Homeland Security of the Committee on Appropriations of the Senate;
and
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 983
(B) the Committee on Homeland Security, the Committee on Transportation and Infrastructure, and the Subcommittee on Homeland Security of the Committee on
Appropriations of the House of Representatives.
SEC. 566. (a) Notwithstanding section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act and subject
to subsection (b), recipients of Small Business Administration Disaster loans for disaster-related damage to their homes may be
eligible for reimbursement at the discretion of the state, under
Section 404 of that Act, for documented and eligible mitigation
work performed on their home.
(b) LIMITATIONS.—
(1) Any reimbursement provided to or on behalf of a homeowner pursuant to subsection (a) shall not exceed the amount
of the disaster loan that may be used and was used for disaster
mitigation activities; and
(2) Subsection (a) shall only apply if the disaster loan
and assistance provided under section 404 were made available
in response to the same disaster declaration.
(3) Shall be applicable only to disasters declared by the
President under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170) during
the period beginning on August 28, 2005 and ending on August
28, 2006.
(c) If a state chooses to use funds under section 404 to reimburse
homeowners as provided in subsection (a), it shall make payments
in the following order:
(1) First, to the Small Business Administration on behalf
of the eligible homeowner for the purpose of reducing, but
not below zero, the homeowner’s outstanding debt obligation
to the Small Business Administration for the disaster loan;
and
(2) Second, any remaining reimbursement shall be paid
directly to the homeowner.
SEC. 567. None of the funds made available under this Act
or any prior appropriations Act may be provided to the Association
of Community Organizations for Reform Now (ACORN), or any
of its affiliates, subsidiaries, or allied organizations.
SEC. 568. The Commissioner of U.S. Customs and Border
Protection and the Assistant Secretary of Homeland Security for
U.S. Immigration and Customs Enforcement each shall submit to
the Committees on Appropriations of the Senate and the House
of Representatives with the congressional budget justification, a
multi-year investment and management plan, to include each year
starting with the current fiscal year and the 3 subsequent fiscal
years, for their respective Offices of Information Technology to
include for that office—
(1) the funding level by source for all funds to be executed;
(2) the funding included for each project and activity tied
to mission requirements, program management capabilities,
performance levels, and specific capabilities and services to
be delivered;
(3) the total estimated cost and projected timeline of
completion for all multi-year enhancements, modernizations,
and new capabilities proposed in the current fiscal year or
underway; and
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Applicability.
ACORN.
Plans.
Deadlines.
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PUBLIC LAW 112–74—DEC. 23, 2011
(4) a detailed accounting of operation and maintenance
costs.
SEC. 569. The Secretary of Homeland Security shall ensure
enforcement of immigration laws (as defined in section 101(a)(17)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).
(RESCISSIONS)
SEC. 570. Of the funds transferred to the Department of Homeland Security when it was created in 2003, the following funds
are hereby rescinded from the following accounts and programs
in the specified amounts:
(1) $2,577,000 from Coast Guard ‘‘Acquisition, Construction, and Improvements’’;
(2) $5,355,296 from U.S. Immigration and Customs
Enforcement ‘‘Salaries and Expenses’’;
(3) $99,012 from U.S. Immigration and Customs Enforcement ‘‘Violent Crime Reduction Programs’’;
(4) $3,332,541 from U.S. Customs and Border Protection
‘‘Salaries and Expenses’’;
(5) $3,121,248 from Department of Homeland Security
‘‘Office for Domestic Preparedness’’;
(6) $678,213 from Federal Emergency Management Agency
‘‘National Predisaster Mitigation Fund’’;
(7) $5,201,000 from ‘‘Working Capital Fund’’;
(8) $95,998 from ‘‘Counterterrorism Fund’’;
(9) $41,091 from U.S. Customs and Border Protection ‘‘Violent Crime Reduction Fund’’; and
(10) $153,095 from U.S. Immigration and Customs Enforcement ‘‘Violent Crime Reduction Trust Fund’’.
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(RESCISSIONS)
SEC. 571. The following unobligated balances made available
to the Department of Homeland Security pursuant to section 505
of Department of Homeland Security Appropriations Act, 2011
(Public Law 112–10; 125 Stat. 147) are rescinded:
(1) $178,783 from ‘‘Analysis and Operations’’;
(2) $1,619,907 from U.S. Customs and Border Protection
‘‘Salaries and Expenses’’;
(3) $296,022 from Transportation Security Administration
‘‘Federal Air Marshals’’;
(4) $37,800,412 from Coast Guard ‘‘Operating Expenses’’;
(5) $879,153 from Coast Guard ‘‘Acquisition, Construction,
and Improvements’’;
(6) $1,104,347 from United States Secret Service ‘‘Salaries
and Expenses’’;
(7) $97,046 from National Protection and Programs Directorate ‘‘Management and Administration’’;
(8) $78,764 from National Protection and Programs Directorate ‘‘Infrastructure Protection and Information Security’’;
(9) $117,133 from Office of Health Affairs ‘‘Salaries and
Expenses’’;
(10) $1,301,581 from ‘‘United States Citizenship and
Immigration Services’’;
(11) $369,032 from Federal Law Enforcement Training
Center ‘‘Salaries and Expenses’’;
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 985
(12) $279,098 from Science and Technology ‘‘Management
and Administration’’;
(13) $1,072,938 from Domestic Nuclear Detection Office
‘‘Management and Administration’’; and
(14) $216,744 from Federal Emergency Management
Agency ‘‘Management and Administration’’.
(RESCISSIONS)
SEC. 572. Of the funds appropriated to the Department of
Homeland Security, the following unobligated balances are hereby
rescinded from the following accounts and programs in the specified
amounts:
(1) $10,000,000 from U.S. Immigration and Customs
Enforcement ‘‘Salaries and Expenses’’;
(2) $10,000,000 from U.S. Immigration and Customs
Enforcement ‘‘Automation Modernization’’;
(3) $5,000,000 from U.S. Customs and Border Protection
‘‘Automation Modernization’’: Provided, That no funds shall
be rescinded from prior year appropriations provided for the
TECS modernization program;
(4) $71,300,000 from Transportation Security Administration ‘‘Aviation Security’’ account 70x0550;
(5) $7,000,000 from U.S. Customs and Border Protection
‘‘Border Security Fencing, Infrastructure, and Technology’’;
(6) $2,427,336 from Coast Guard ‘‘Acquisition, Construction, and Improvements’’;
(7) $5,000,000 from the ‘‘Office of the Chief Information
Officer’’ related to Emerge2; and
(8) $27,400,000 from National Protection and Programs
Directorate ‘‘United States Visitor and Immigrant Indicator
Technology’’.
SEC. 573. Sections 1309(a) and 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) are each
amended by striking ‘‘September 30, 2011’’ and inserting ‘‘the earlier
of the date of the enactment into law of an Act that specifically
amends the date specified in this section or May 31, 2012’’.
This division may be cited as the ‘‘Department of Homeland
Security Appropriations Act, 2012’’.
DIVISION E—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012
TITLE I
Department of
the Interior,
Environment,
and Related
Agencies
Appropriations
Act, 2012.
DEPARTMENT OF THE INTERIOR
BUREAU
OF
LAND MANAGEMENT
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MANAGEMENT OF LANDS AND RESOURCES
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance
of other functions, including maintenance of facilities, as authorized
by law, in the management of lands and their resources under
the jurisdiction of the Bureau of Land Management, including the
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125 STAT. 986
PUBLIC LAW 112–74—DEC. 23, 2011
general administration of the Bureau, and assessment of mineral
potential of public lands pursuant to Public Law 96–487 (16 U.S.C.
3150(a)), $961,900,000, to remain available until expended; of which
$3,000,000 shall be available in fiscal year 2012 subject to a match
by at least an equal amount by the National Fish and Wildlife
Foundation for cost-shared projects supporting conservation of
Bureau lands; and such funds shall be advanced to the Foundation
as a lump-sum grant without regard to when expenses are incurred.
In addition, $32,500,000 is for the processing of applications
for permit to drill and related use authorizations, to remain available until expended, to be reduced by amounts collected by the
Bureau and credited to this appropriation that shall be derived
from $6,500 per new application for permit to drill that the Bureau
shall collect upon submission of each new application, and in addition, $39,696,000 is for Mining Law Administration program operations, including the cost of administering the mining claim fee
program; to remain available until expended, to be reduced by
amounts collected by the Bureau and credited to this appropriation
from mining claim maintenance fees and location fees that are
hereby authorized for fiscal year 2012 so as to result in a final
appropriation estimated at not more than $961,900,000, and
$2,000,000, to remain available until expended, from communication
site rental fees established by the Bureau for the cost of administering communication site activities.
CONSTRUCTION
For construction of buildings, recreation facilities, roads, trails,
and appurtenant facilities, $3,576,000, to remain available until
expended.
LAND ACQUISITION
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94–579, including administrative expenses
and acquisition of lands or waters, or interests therein, $22,380,000,
to be derived from the Land and Water Conservation Fund and
to remain available until expended.
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OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other improvements
on the revested Oregon and California Railroad grant lands, on
other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of
lands or interests therein, including existing connecting roads on
or adjacent to such grant lands; $112,043,000, to remain available
until expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested Oregon
and California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be transferred
to the General Fund in the Treasury in accordance with the second
paragraph of subsection (b) of title II of the Act of August 28,
1937 (50 Stat. 876).
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 987
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant
to section 401 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums
equal to 50 percent of all moneys received during the prior fiscal
year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.
315 et seq.) and the amount designated for range improvements
from grazing fees and mineral leasing receipts from BankheadJones lands transferred to the Department of the Interior pursuant
to law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be available
for administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to processing application documents and other authorizations for use and
disposal of public lands and resources, for costs of providing copies
of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use
authorizations, and for rehabilitation of damaged property, such
amounts as may be collected under Public Law 94–579, as amended,
and Public Law 93–153, to remain available until expended: Provided, That, notwithstanding any provision to the contrary of section
305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that
have been or will be received pursuant to that section, whether
as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C.
1735(c)), shall be available and may be expended under the
authority of this Act by the Secretary to improve, protect, or
rehabilitate any public lands administered through the Bureau
of Land Management which have been damaged by the action
of a resource developer, purchaser, permittee, or any unauthorized
person, without regard to whether all moneys collected from each
such action are used on the exact lands damaged which led to
the action: Provided further, That any such moneys that are in
excess of amounts needed to repair damage to the exact land
for which funds were collected may be used to repair other damaged
public lands.
43 USC 1735
note.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of the Act of October 21, 1976
(43 U.S.C. 1701), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of making
conveyances of omitted lands under section 211(b) of that Act,
to remain available until expended.
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ADMINISTRATIVE PROVISIONS
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with public
and private entities, including with States. Appropriations for the
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PUBL074
125 STAT. 988
PUBLIC LAW 112–74—DEC. 23, 2011
Bureau shall be available for purchase, erection, and dismantlement
of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United
States has title; up to $100,000 for payments, at the discretion
of the Secretary, for information or evidence concerning violations
of laws administered by the Bureau; miscellaneous and emergency
expenses of enforcement activities authorized or approved by the
Secretary and to be accounted for solely on the Secretary’s certificate, not to exceed $10,000: Provided, That notwithstanding Public
Law 90–620 (44 U.S.C. 501), the Bureau may, under cooperative
cost-sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly
produced publications for which the cooperators share the cost
of printing either in cash or in services, and the Bureau determines
the cooperator is capable of meeting accepted quality standards:
Provided further, That projects to be funded pursuant to a written
commitment by a State government to provide an identified amount
of money in support of the project may be carried out by the
Bureau on a reimbursable basis. Appropriations herein made shall
not be available for the destruction of healthy, unadopted, wild
horses and burros in the care of the Bureau or its contractors
or for the sale of wild horses and burros that results in their
destruction for processing into commercial products.
Wild horses.
Burros.
UNITED STATES FISH
AND
WILDLIFE SERVICE
RESOURCE MANAGEMENT
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16 USC 742l–1.
16 USC 754e.
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For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic
studies, general administration, and for the performance of other
authorized functions related to such resources, $1,228,142,000, to
remain available until September 30, 2013 except as otherwise
provided herein: Provided, That not to exceed $20,902,000 shall
be used for implementing subsections (a), (b), (c), and (e) of section
4 of the Endangered Species Act, as amended, (except for processing
petitions, developing and issuing proposed and final regulations,
and taking any other steps to implement actions described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed
$7,472,000 shall be used for any activity regarding the designation
of critical habitat, pursuant to subsection (a)(3), excluding litigation
support, for species listed pursuant to subsection (a)(1) prior to
October 1, 2010; of which not to exceed $1,500,000 shall be used
for any activity regarding petitions to list species that are indigenous to the United States pursuant to subsections (b)(3)(A) and
(b)(3)(B); and, of which not to exceed $1,500,000 shall be used
for implementing subsections (a), (b), (c), and (e) of section 4 of
the Endangered Species Act, as amended, for species that are
not indigenous to the United States: Provided further, That, in
fiscal year 2012 and hereafter of the amount available for law
enforcement, up to $400,000, to remain available until expended,
may at the discretion of the Secretary be used for payment for
information, rewards, or evidence concerning violations of laws
administered by the Service, and miscellaneous and emergency
expenses of enforcement activity, authorized or approved by the
Secretary and to be accounted for solely on the Secretary’s certificate: Provided further, That in fiscal year 2012 and hereafter,
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 989
of the amount provided for environmental contaminants, up to
$1,000,000 may remain available until expended for contaminant
sample analyses.
CONSTRUCTION
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$23,088,000, to remain available until expended.
LAND ACQUISITION
For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through
11), including administrative expenses, and for acquisition of land
or waters, or interest therein, in accordance with statutory authority
applicable to the United States Fish and Wildlife Service,
$54,720,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended, of which, notwithstanding 16 U.S.C. 460l–9, not more than $5,000,000 shall be for
land conservation partnerships authorized by the Highlands Conservation Act of 2004, including not to exceed $160,000 for administrative expenses: Provided, That none of the funds appropriated
for specific land acquisition projects may be used to pay for any
administrative overhead, planning or other management costs.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.),
$47,757,000, to remain available until expended, of which
$22,757,000 is to be derived from the Cooperative Endangered
Species Conservation Fund; and of which $25,000,000 is to be
derived from the Land and Water Conservation Fund.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,980,000.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, as amended (16 U.S.C. 4401
et seq.), $35,554,000, to remain available until expended.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For expenses necessary to carry out the Neotropical Migratory
Bird Conservation Act, as amended, (16 U.S.C. 6101 et seq.),
$3,792,000, to remain available until expended.
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MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
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PUBL074
125 STAT. 990
PUBLIC LAW 112–74—DEC. 23, 2011
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great
Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the
Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.),
$9,481,000, to remain available until expended.
STATE AND TRIBAL WILDLIFE GRANTS
For wildlife conservation grants to States and to the District
of Columbia, Puerto Rico, Guam, the United States Virgin Islands,
the Northern Mariana Islands, American Samoa, and Indian tribes
under the provisions of the Fish and Wildlife Act of 1956 and
the Fish and Wildlife Coordination Act, for the development and
implementation of programs for the benefit of wildlife and their
habitat, including species that are not hunted or fished,
$61,421,000, to remain available until expended: Provided, That
of the amount provided herein, $4,275,000 is for a competitive
grant program for Indian tribes not subject to the remaining provisions of this appropriation: Provided further, That $5,741,000 is
for a competitive grant program for States, territories, and other
jurisdictions with approved plans, not subject to the remaining
provisions of this appropriation: Provided further, That the Secretary shall, after deducting $10,016,000 and administrative
expenses, apportion the amount provided herein in the following
manner: (1) to the District of Columbia and to the Commonwealth
of Puerto Rico, each a sum equal to not more than one-half of
1 percent thereof; and (2) to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more than one-fourth
of 1 percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (1) onethird of which is based on the ratio to which the land area of
such State bears to the total land area of all such States; and
(2) two-thirds of which is based on the ratio to which the population
of such State bears to the total population of all such States:
Provided further, That the amounts apportioned under this paragraph shall be adjusted equitably so that no State shall be apportioned a sum which is less than 1 percent of the amount available
for apportionment under this paragraph for any fiscal year or
more than 5 percent of such amount: Provided further, That the
Federal share of planning grants shall not exceed 75 percent of
the total costs of such projects and the Federal share of implementation grants shall not exceed 65 percent of the total costs of such
projects: Provided further, That the non-Federal share of such
projects may not be derived from Federal grant programs: Provided
further, That any amount apportioned in 2012 to any State, territory, or other jurisdiction that remains unobligated as of September
30, 2013, shall be reapportioned, together with funds appropriated
in 2014, in the manner provided herein.
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ADMINISTRATIVE PROVISIONS
The United States Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with
public and private entities. Appropriations and funds available to
the United States Fish and Wildlife Service shall be available
for repair of damage to public roads within and adjacent to reservation areas caused by operations of the Service; options for the
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 991
purchase of land at not to exceed $1 for each option; facilities
incident to such public recreational uses on conservation areas
as are consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities under
the jurisdiction of the Service and to which the United States
has title, and which are used pursuant to law in connection with
management, and investigation of fish and wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements authorized
by law, procure printing services from cooperators in connection
with jointly produced publications for which the cooperators share
at least one-half the cost of printing either in cash or services
and the Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the Service may
accept donated aircraft as replacements for existing aircraft.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National
Park Service and for the general administration of the National
Park Service, $2,240,152,000, of which $9,832,000 for planning and
interagency coordination in support of Everglades restoration and
$97,883,000 for maintenance, repair, or rehabilitation projects for
constructed assets, operation of the National Park Service automated facility management software system, and comprehensive
facility condition assessments shall remain available until September 30, 2013.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
and grant administration, not otherwise provided for, $59,975,000:
Provided, That section 502(c) of the Chesapeake Bay Initiative
Act of 1998 (16 U.S.C. 461 note; Public Law 105–312) is amended
by striking ‘‘2011’’ and inserting ‘‘2013’’.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the National Historic
Preservation Act (16 U.S.C. 470), and the Omnibus Parks and
Public Lands Management Act of 1996 (Public Law 104–333),
$56,000,000, to be derived from the Historic Preservation Fund
and to remain available until September 30, 2013.
CONSTRUCTION
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(INCLUDING RESCISSION OF FUNDS)
For construction, improvements, repair, or replacement of physical facilities, including modifications authorized by section 104
of the Everglades National Park Protection and Expansion Act
of 1989 (16 U.S.C. 410r–8), $159,621,000, to remain available until
expended: Provided, That notwithstanding any other provision of
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125 STAT. 992
PUBLIC LAW 112–74—DEC. 23, 2011
law, a single procurement for the project to repair damage to
the Washington Monument may be issued that includes the full
scope of the project, so long as the solicitation and contract shall
contain the clause ‘‘availability of appropriated funds’’ found in
CFR section 52.232.18 of title 48.
From funds previously made available under this heading,
$4,000,000 are rescinded.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
16 USC 460l–10a
note.
The contract authority provided for fiscal year 2012 by 16
U.S.C. 460l–10a is rescinded.
LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l–4 through 11),
including administrative expenses, and for acquisition of lands or
waters, or interest therein, in accordance with the statutory
authority applicable to the National Park Service, $102,060,000,
to be derived from the Land and Water Conservation Fund and
to remain available until expended, of which $45,000,000 is for
the State assistance program and of which $9,000,000 shall be
for the American Battlefield Protection Program grants as authorized by section 7301 of the Omnibus Public Land Management
Act of 2009 (Public Law 111–11).
ADMINISTRATIVE PROVISIONS
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(INCLUDING TRANSFER OF FUNDS)
In addition to other uses set forth in section 407(d) of Public
Law 105–391, franchise fees credited to a sub-account shall be
available for expenditure by the Secretary, without further appropriation, for use at any unit within the National Park System
to extinguish or reduce liability for Possessory Interest or leasehold
surrender interest. Such funds may only be used for this purpose
to the extent that the benefitting unit anticipated franchise fee
receipts over the term of the contract at that unit exceed the
amount of funds used to extinguish or reduce liability. Franchise
fees at the benefitting unit shall be credited to the sub-account
of the originating unit over a period not to exceed the term of
a single contract at the benefitting unit, in the amount of funds
so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the
Gulf of Mexico Energy Security Act of 2006 (Public Law 109–
432), the National Park Service may retain up to 3 percent of
the amounts which are authorized to be disbursed under such
section, such retained amounts to remain available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation,
for purposes authorized under 23 U.S.C. 204. Transfers may include
a reasonable amount for FHWA administrative support costs.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 993
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geological Survey
to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water
resources of the United States, its territories and possessions, and
other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify
lands as to their mineral and water resources; give engineering
supervision to power permittees and Federal Energy Regulatory
Commission licensees; administer the minerals exploration program
(30 U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30 U.S.C.
3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as authorized by law; and to publish and disseminate data relative to the
foregoing activities; $1,069,744,000, to remain available until September 30, 2013; of which $51,569,700 shall remain available until
expended for satellite operations; and of which $7,292,000 shall
be available until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost: Provided, That
none of the funds provided for the ecosystem research activity
shall be used to conduct new surveys on private property, unless
specifically authorized in writing by the property owner: Provided
further, That no part of this appropriation shall be used to pay
more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation with States and municipalities.
43 USC 50.
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ADMINISTRATIVE PROVISIONS
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary shall
be available for reimbursement to the General Services Administration for security guard services; contracting for the furnishing of
topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance
of necessary buildings and appurtenant facilities; acquisition of
lands for gauging stations and observation wells; expenses of the
United States National Committee on Geology; and payment of
compensation and expenses of persons on the rolls of the Survey
duly appointed to represent the United States in the negotiation
and administration of interstate compacts: Provided, That activities
funded by appropriations herein made may be accomplished through
the use of contracts, grants, or cooperative agreements as defined
in section 6302 of title 31, United States Code: Provided further,
That the United States Geological Survey may enter into contracts
or cooperative agreements directly with individuals or indirectly
with institutions or nonprofit organizations, without regard to 41
U.S.C. 5, for the temporary or intermittent services of students
or recent graduates, who shall be considered employees for the
purpose of chapters 57 and 81 of title 5, United States Code,
relating to compensation for travel and work injuries, and chapter
171 of title 28, United States Code, relating to tort claims, but
shall not be considered to be Federal employees for any other
purposes.
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125 STAT. 994
PUBLIC LAW 112–74—DEC. 23, 2011
BUREAU
OF
OCEAN ENERGY MANAGEMENT
OCEAN ENERGY MANAGEMENT
43 USC 1331
note.
For expenses necessary for granting leases, easements, rightsof-way and agreements for use for oil and gas, other minerals,
energy, and marine-related purposes on the Outer Continental Shelf
and approving operations related thereto, as authorized by law;
for environmental studies, as authorized by law; for implementing
other laws to the extent provided by Presidential or Secretarial
delegation; and for matching grants or cooperative agreements,
$59,792,000, to remain available until September 30, 2013; and
an amount not to exceed $101,082,000, to be credited to this appropriation and to remain available until expended, from additions
to receipts resulting from increases to rates in effect on August
5, 1993, that are collected and disbursed by the Secretary, and
from cost recovery fees from activities conducted by the Bureau
of Ocean Energy Management pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided, That notwithstanding 31 U.S.C. 3302, in fiscal year 2012, such amounts as
are assessed under 31 U.S.C. 9701 shall be collected and credited
to this account and shall be available until expended for necessary
expenses: Provided further, That to the extent $101,082,000 in
addition to receipts are not realized from the sources of receipts
stated above, the amount needed to reach $101,082,000 shall be
credited to this appropriation from receipts resulting from rental
rates for Outer Continental Shelf leases in effect before August
5, 1993: Provided further, That for fiscal year 2012 and each fiscal
year thereafter, the term ‘‘qualified Outer Continental Shelf revenues’’, as defined in section 102(9)(A) of the Gulf of Mexico Energy
Security Act, division C of Public Law 109–432, shall include only
the portion or rental revenues that would have been collected by
the Secretary at the rental rates in effect before August 5, 1993:
Provided further, That not to exceed $3,000 shall be available
for reasonable expenses related to promoting volunteer beach and
marine cleanup activities.
BUREAU
OF
SAFETY
AND
ENVIRONMENTAL ENFORCEMENT
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OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT
For expenses necessary for the regulation of operations related
to leases, easements, rights-of-way and agreements for use for oil
and gas, other minerals, energy, and marine-related purposes on
the Outer Continental Shelf, as authorized by law; for enforcing
and implementing laws and regulations as authorized by law and
to the extent provided by Presidential or Secretarial delegation;
and for matching grants or cooperative agreements, $61,473,000,
to remain available until September 30, 2013; and an amount
not to exceed $59,081,000 to be credited to this appropriation and
to remain available until expended, from additions to receipts
resulting from increases to rates in effect on August 5, 1993, that
are collected and disbursed by the Secretary, from cost recovery
fees from activities conducted by the Bureau of Safety and Environmental Enforcement pursuant to the Outer Continental Shelf Lands
Act, including studies, assessments, analysis, and miscellaneous
administrative activities: Provided, That notwithstanding 31 U.S.C.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 995
3302, in fiscal year 2012, such amounts as are assessed under
31 U.S.C. 9701 shall be collected and credited to this account
and shall be available until expended for necessary expenses: Provided further, That to the extent $59,081,000 in addition to receipts
are not realized from the sources of receipts stated above, the
amount needed to reach $59,081,000 shall be credited to this appropriation from receipts resulting from rental rates for Outer Continental Shelf leases in effect before August 5, 1993: Provided further,
That for fiscal year 2012 and each fiscal year thereafter, the term
‘‘qualified Outer Continental Shelf revenues’’, as defined in section
102(9)(A) of the Gulf of Mexico Energy Security Act, division C
of Public Law 109–432, shall include only the portion of rental
revenues that would have been collected by the Secretary at the
rental rates in effect before August 5, 1993.
For an additional amount, $62,000,000, to remain available
until expended, which shall be derived from non-refundable inspection fees collected in fiscal year 2012, as provided in this Act:
Provided, That to the extent that such amounts are not realized
from such fees, the amount needed to reach $62,000,000 shall
be credited to this appropriation from receipts resulting from rental
rates for Outer Continental Shelf leases in effect before August
5, 1993: Provided further, That to the extent that amounts realized
from such fees exceed $62,000,000, the amounts realized in excess
of $62,000,000 shall be credited to this appropriation and remain
available until expended: Provided further, That for fiscal year
2012, not less than 50 percent of the inspection fees collected
by the Bureau of Safety and Environmental Enforcement will be
used to fund personnel and mission-related costs to expand capacity
and expedite the orderly development, subject to environmental
safeguards, of the Outer Continental Shelf pursuant to the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), including
the review of applications for permits to drill.
43 USC 1331
note.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201
of the Oil Pollution Act of 1990, $14,923,000, which shall be derived
from the Oil Spill Liability Trust Fund, to remain available until
expended.
OFFICE
OF
SURFACE MINING RECLAMATION
AND
ENFORCEMENT
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REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law
95–87, as amended, $122,950,000, to remain available until September 30, 2013: Provided, That appropriations for the Office of
Surface Mining Reclamation and Enforcement may provide for the
travel and per diem expenses of State and tribal personnel attending
Office of Surface Mining Reclamation and Enforcement sponsored
training: Provided further, That, in fiscal year 2012, up to $40,000
collected by the Office of Surface Mining from permit fees pursuant
to section 507 of Public Law 95–87 (30 U.S.C. 1257) shall be
credited to this account as discretionary offsetting collections, to
remain available until expended: Provided further, That the sum
herein appropriated shall be reduced as collections are received
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30 USC 1211
note.
PUBL074
125 STAT. 996
30 USC 1257
note.
PUBLIC LAW 112–74—DEC. 23, 2011
during the fiscal year so as to result in a final fiscal year 2012
appropriation estimated at not more than $122,910,000: Provided
further, That, in subsequent fiscal years, all amounts collected
by the Office of Surface Mining from permit fees pursuant to section
507 of Public Law 95–87 (30 U.S.C. 1257) shall be credited to
this account as discretionary offsetting collections, to remain available until expended.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95–87,
as amended, $27,443,000, to be derived from receipts of the Abandoned Mine Reclamation Fund and to remain available until
expended: Provided, That pursuant to Public Law 97–365, the
Department of the Interior is authorized to use up to 20 percent
from the recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts: Provided
further, That funds made available under title IV of Public Law
95–87 may be used for any required non-Federal share of the
cost of projects funded by the Federal Government for the purpose
of environmental restoration related to treatment or abatement
of acid mine drainage from abandoned mines: Provided further,
That such projects must be consistent with the purposes and priorities of the Surface Mining Control and Reclamation Act: Provided
further, That amounts provided under this heading may be used
for the travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and Enforcement
sponsored training.
ADMINISTRATIVE PROVISION
With funds available for the Technical Innovation and Professional Services program in this Act, the Secretary may transfer
title for computer hardware, software and other technical equipment
to State and tribal regulatory and reclamation programs.
BUREAU
OF INDIAN
AFFAIRS
AND
BUREAU
OF INDIAN
EDUCATION
OPERATION OF INDIAN PROGRAMS
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(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the operation of Indian programs,
as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13), the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the
Education Amendments of 1978 (25 U.S.C. 2001–2019), and the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.),
as amended, $2,371,532,000, to remain available until September
30, 2013 except as otherwise provided herein; of which not to
exceed $8,500 may be for official reception and representation
expenses; of which not to exceed $74,911,000 shall be for welfare
assistance payments: Provided, That in cases of designated Federal
disasters, the Secretary may exceed such cap, from the amounts
provided herein, to provide for disaster relief to Indian communities
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 997
affected by the disaster; of which, notwithstanding any other provision of law, including but not limited to the Indian Self-Determination Act of 1975, as amended, not to exceed $219,560,000 shall
be available for payments for contract support costs associated
with ongoing contracts, grants, compacts, or annual funding agreements entered into with the Bureau prior to or during fiscal year
2012, as authorized by such Act, except that tribes and tribal
organizations may use their tribal priority allocations for unmet
contract support costs of ongoing contracts, grants, or compacts,
or annual funding agreements and for unmet welfare assistance
costs; of which not to exceed $590,484,000 for school operations
costs of Bureau-funded schools and other education programs shall
become available on July 1, 2012, and shall remain available until
September 30, 2013; and of which not to exceed $48,049,000 shall
remain available until expended for housing improvement, road
maintenance, attorney fees, litigation support, the Indian SelfDetermination Fund, land records improvement, and the NavajoHopi Settlement Program: Provided further, That notwithstanding
any other provision of law, including but not limited to the Indian
Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008,
not to exceed $46,327,000 within and only from such amounts
made available for school operations shall be available for administrative cost grants associated with ongoing grants entered into
with the Bureau prior to or during fiscal year 2011 for the operation
of Bureau-funded schools, and up to $500,000 within and only
from such amounts made available for administrative cost grants
shall be available for the transitional costs of initial administrative
cost grants to grantees that assume operation on or after July
1, 2011, of Bureau-funded schools: Provided further, That any forestry funds allocated to a tribe which remain unobligated as of
September 30, 2013, may be transferred during fiscal year 2014
to an Indian forest land assistance account established for the
benefit of the holder of the funds within the holder’s trust fund
account: Provided further, That any such unobligated balances not
so transferred shall expire on September 30, 2014: Provided further,
That in order to enhance the safety of Bureau field employees,
the Bureau may use funds to purchase uniforms or other identifying
articles of clothing for personnel.
Expiration date.
CONSTRUCTION
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For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract;
acquisition of lands, and interests in lands; and preparation of
lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483, $123,828,000, to remain
available until expended: Provided, That such amounts as may
be available for the construction of the Navajo Indian Irrigation
Project may be transferred to the Bureau of Reclamation: Provided
further, That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway Trust
Fund may be used to cover the road program management costs
of the Bureau: Provided further, That any funds provided for the
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made
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PUBL074
125 STAT. 998
Grants.
Negotiation.
PUBLIC LAW 112–74—DEC. 23, 2011
available on a nonreimbursable basis: Provided further, That for
fiscal year 2012, in implementing new construction or facilities
improvement and repair project grants in excess of $100,000 that
are provided to grant schools under Public Law 100–297, as
amended, the Secretary of the Interior shall use the Administrative
and Audit Requirements and Cost Principles for Assistance Programs contained in 43 CFR part 12 as the regulatory requirements:
Provided further, That such grants shall not be subject to section
12.61 of 43 CFR; the Secretary and the grantee shall negotiate
and determine a schedule of payments for the work to be performed:
Provided further, That in considering grant applications, the Secretary shall consider whether such grantee would be deficient in
assuring that the construction projects conform to applicable
building standards and codes and Federal, tribal, or State health
and safety standards as required by 25 U.S.C. 2005(b), with respect
to organizational and financial management capabilities: Provided
further, That if the Secretary declines a grant application, the
Secretary shall follow the requirements contained in 25 U.S.C.
2504(f): Provided further, That any disputes between the Secretary
and any grantee concerning a grant shall be subject to the disputes
provision in 25 U.S.C. 2507(e): Provided further, That in order
to ensure timely completion of construction projects, the Secretary
may assume control of a project and all funds related to the project,
if, within 18 months of the date of enactment of this Act, any
grantee receiving funds appropriated in this Act or in any prior
Act, has not completed the planning and design phase of the project
and commenced construction: Provided further, That this appropriation may be reimbursed from the Office of the Special Trustee
for American Indians appropriation for the appropriate share of
construction costs for space expansion needed in agency offices
to meet trust reform implementation.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS
PAYMENTS TO INDIANS
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to Public Laws 99–264, 100–580, 101–618, 108–447, and 111–
11, and for implementation of other land and water rights settlements, $32,855,000, to remain available until expended.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans and insured loans, $7,114,000,
of which $964,000 is for administrative expenses, as authorized
by the Indian Financing Act of 1974, as amended: Provided, That
such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed or insured,
not to exceed $73,365,796.
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ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the operation
of Indian programs by direct expenditure, contracts, cooperative
agreements, compacts, and grants, either directly or in cooperation
with States and other organizations.
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PUBL074
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 999
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management, operation,
and maintenance of the Power Division of the San Carlos Irrigation
Project.
Appropriations for the Bureau of Indian Affairs (except the
Revolving Fund for Loans Liquidating Account, Indian Loan Guaranty and Insurance Fund Liquidating Account, Indian Guaranteed
Loan Financing Account, Indian Direct Loan Financing Account,
and the Indian Guaranteed Loan Program account) shall be available for expenses of exhibits.
Notwithstanding any other provision of law, no funds available
to the Bureau of Indian Affairs for central office oversight and
Executive Direction and Administrative Services (except executive
direction and administrative services funding for Tribal Priority
Allocations, regional offices, and facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs under the provisions of the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public Law 103–413).
In the event any tribe returns appropriations made available
by this Act to the Bureau of Indian Affairs, this action shall not
diminish the Federal Government’s trust responsibility to that tribe,
or the government-to-government relationship between the United
States and that tribe, or that tribe’s ability to access future appropriations.
Notwithstanding any other provision of law, no funds available
to the Bureau, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq., shall be available
to support the operation of any elementary or secondary school
in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the schools
in the Bureau school system as of September 1, 1996. No funds
available to the Bureau shall be used to support expanded grades
for any school or dormitory beyond the grade structure in place
or approved by the Secretary of the Interior at each school in
the Bureau school system as of October 1, 1995, except that any
school or school program that was closed and removed from the
Bureau school system between 1951 and 1972, and its respective
tribe’s relationship with the Federal Government was terminated,
shall be reinstated to the Bureau system and supported at a level
based on its grade structure and average student enrollment for
the 2009–2010, 2010–2011 and 2011–2012 school years. Funds made
available under this Act may not be used to establish a charter
school at a Bureau-funded school (as that term is defined in section
1141 of the Education Amendments of 1978 (25 U.S.C. 2021)),
except that a charter school that is in existence on the date of
the enactment of this Act and that has operated at a Bureaufunded school before September 1, 1999, may continue to operate
during that period, but only if the charter school pays to the
Bureau a pro rata share of funds to reimburse the Bureau for
the use of the real and personal property (including buses and
vans), the funds of the charter school are kept separate and apart
from Bureau funds, and the Bureau does not assume any obligation
for charter school programs of the State in which the school is
located if the charter school loses such funding. Employees of
Bureau-funded schools sharing a campus with a charter school
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Alaska.
Charter schools.
PUBL074
125 STAT. 1000
PUBLIC LAW 112–74—DEC. 23, 2011
and performing functions related to the charter school’s operation
and employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United States
Code.
Notwithstanding any other provision of law, including section
113 of title I of appendix C of Public Law 106–113, if in fiscal
year 2003 or 2004 a grantee received indirect and administrative
costs pursuant to a distribution formula based on section 5(f) of
Public Law 101–301, the Secretary shall continue to distribute
indirect and administrative cost funds to such grantee using the
section 5(f) distribution formula.
DEPARTMENTAL OFFICES
OFFICE
OF THE
SECRETARY
DEPARTMENTAL OPERATIONS
For necessary expenses for management of the Department
of the Interior, including the collection and disbursement of royalties, fees, and other mineral revenue proceeds, as authorized by
law, $262,317,000, to remain available until September 30, 2013;
of which not to exceed $15,000 may be for official reception and
representation expenses; and of which up to $1,000,000 shall be
available for workers compensation payments and unemployment
compensation payments associated with the orderly closure of the
United States Bureau of Mines; and of which $12,712,000 for the
Office of Valuation Services is to be derived from the Land and
Water Conservation Fund and shall remain available until
expended; and of which $38,300,000 shall remain available until
expended for the purpose of mineral revenue management activities:
Provided, That, for fiscal year 2012, up to $400,000 of the payments
authorized by the Act of October 20, 1976, as amended (31 U.S.C.
6901–6907) may be retained for administrative expenses of the
Payments in Lieu of Taxes Program: Provided further, That no
payment shall be made pursuant to that Act to otherwise eligible
units of local government if the computed amount of the payment
is less than $100: Provided further, That notwithstanding any other
provision of law, $15,000 under this heading shall be available
for refunds of overpayments in connection with certain Indian leases
in which the Secretary concurred with the claimed refund due,
to pay amounts owed to Indian allottees or tribes, or to correct
prior unrecoverable erroneous payments: Provided further, That,
notwithstanding the provisions of section 35(b) of the Mineral
Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall
deduct 2 percent from the amount payable to each State in fiscal
year 2012 and deposit the amount deducted to miscellaneous
receipts of the Treasury.
INSULAR AFFAIRS
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ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108–188, $87,997,000,
of which: (1) $78,517,000 shall remain available until expended
for territorial assistance, including general technical assistance,
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1001
maintenance assistance, disaster assistance, insular management
controls, coral reef initiative activities, and brown tree snake control
and research; grants to the judiciary in American Samoa for compensation and expenses, as authorized by law (48 U.S.C. 1661(c));
grants to the Government of American Samoa, in addition to current
local revenues, for construction and support of governmental functions; grants to the Government of the Virgin Islands as authorized
by law; grants to the Government of Guam, as authorized by law;
and grants to the Government of the Northern Mariana Islands
as authorized by law (Public Law 94–241; 90 Stat. 272); and (2)
$9,480,000 shall be available until September 30, 2013 for salaries
and expenses of the Office of Insular Affairs: Provided, That all
financial transactions of the territorial and local governments herein
provided for, including such transactions of all agencies or
instrumentalities established or used by such governments, may
be audited by the Government Accountability Office, at its discretion, in accordance with chapter 35 of title 31, United States Code:
Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the Agreement
of the Special Representatives on Future United States Financial
Assistance for the Northern Mariana Islands approved by Public
Law 104–134: Provided further, That the funds for the program
of operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance improvement
of capital infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the grantee’s
commitment to timely maintenance of its capital assets: Provided
further, That any appropriation for disaster assistance under this
heading in this Act or previous appropriations Acts may be used
as non-Federal matching funds for the purpose of hazard mitigation
grants provided pursuant to section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c).
48 USC 1469b.
COMPACT OF FREE ASSOCIATION
For grants and necessary expenses, $3,318,000, to remain available until expended, as provided for in sections 221(a)(2) and 233
of the Compact of Free Association for the Republic of Palau;
and section 221(a)(2) of the Compacts of Free Association for the
Government of the Republic of the Marshall Islands and the Federated States of Micronesia, as authorized by Public Law 99–658
and Public Law 108–188.
ADMINISTRATIVE PROVISIONS
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(INCLUDING TRANSFER OF FUNDS)
At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided under
section 104(e) of Public Law 108–188 and Public Law 104–134,
that are allocated for Guam, to the Secretary of Agriculture for
the subsidy cost of direct or guaranteed loans, plus not to exceed
three percent of the amount of the subsidy transferred for the
cost of loan administration, for the purposes authorized by the
Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act for construction and repair
projects in Guam, and such funds shall remain available until
expended: Provided, That such costs, including the cost of modifying
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PUBL074
125 STAT. 1002
PUBLIC LAW 112–74—DEC. 23, 2011
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That such loans or loan
guarantees may be made without regard to the population of the
area, credit elsewhere requirements, and restrictions on the types
of eligible entities under the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development
Act: Provided further, That any funds transferred to the Secretary
of Agriculture shall be in addition to funds otherwise made available
to make or guarantee loans under such authorities.
OFFICE
OF THE
SOLICITOR
SALARIES AND EXPENSES
For necessary
$66,296,000.
expenses
OFFICE
of
the
OF INSPECTOR
Office
of
the
Solicitor,
GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General,
$49,471,000.
OFFICE
OF THE
SPECIAL TRUSTEE
FOR
AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
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Deadline.
Account
statement.
Records.
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For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $152,319,000, to remain available until expended, of which
not to exceed $31,171,000 from this or any other Act, shall be
available for historical accounting: Provided, That funds for trust
management improvements and litigation support may, as needed,
be transferred to or merged with the Bureau of Indian Affairs,
‘‘Operation of Indian Programs’’ account; the Office of the Solicitor,
‘‘Salaries and Expenses’’ account; and the Office of the Secretary,
‘‘Salaries and Expenses’’ account: Provided further, That funds made
available through contracts or grants obligated during fiscal year
2012, as authorized by the Indian Self-Determination Act of 1975
(25 U.S.C. 450 et seq.), shall remain available until expended by
the contractor or grantee: Provided further, That, notwithstanding
any other provision of law, the statute of limitations shall not
commence to run on any claim, including any claim in litigation
pending on the date of the enactment of this Act, concerning losses
to or mismanagement of trust funds, until the affected tribe or
individual Indian has been furnished with an accounting of such
funds from which the beneficiary can determine whether there
has been a loss: Provided further, That, notwithstanding any other
provision of law, the Secretary shall not be required to provide
a quarterly statement of performance for any Indian trust account
that has not had activity for at least 18 months and has a balance
of $15 or less: Provided further, That the Secretary shall issue
an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to
be withdrawn upon the express written request of the account
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1003
holder: Provided further, That not to exceed $50,000 is available
for the Secretary to make payments to correct administrative errors
of either disbursements from or deposits to Individual Indian Money
or Tribal accounts after September 30, 2002: Provided further,
That erroneous payments that are recovered shall be credited to
and remain available in this account for this purpose.
DEPARTMENT-WIDE PROGRAMS
WILDLAND FIRE MANAGEMENT
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(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)
For necessary expenses for fire preparedness, suppression operations, fire science and research, emergency rehabilitation, hazardous fuels reduction, and rural fire assistance by the Department
of the Interior, $566,495,000, to remain available until expended,
of which not to exceed $6,137,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That persons hired pursuant to 43 U.S.C. 1469
may be furnished subsistence and lodging without cost from funds
available from this appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office
of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of United States property,
may be credited to the appropriation from which funds were
expended to provide that protection, and are available without
fiscal year limitation: Provided further, That using the amounts
designated under this title of this Act, the Secretary of the Interior
may enter into procurement contracts, grants, or cooperative agreements, for hazardous fuels reduction activities, and for training
and monitoring associated with such hazardous fuels reduction
activities, on Federal land, or on adjacent non-Federal land for
activities that benefit resources on Federal land: Provided further,
That the costs of implementing any cooperative agreement between
the Federal Government and any non-Federal entity may be shared,
as mutually agreed on by the affected parties: Provided further,
That notwithstanding requirements of the Competition in Contracting Act, the Secretary, for purposes of hazardous fuels reduction activities, may obtain maximum practicable competition among:
(1) local private, nonprofit, or cooperative entities; (2) Youth Conservation Corps crews, Public Lands Corps (Public Law 109–154),
or related partnerships with State, local, or nonprofit youth groups;
(3) small or micro-businesses; or (4) other entities that will hire
or train locally a significant percentage, defined as 50 percent
or more, of the project workforce to complete such contracts: Provided further, That in implementing this section, the Secretary
shall develop written guidance to field units to ensure accountability
and consistent application of the authorities provided herein: Provided further, That funds appropriated under this heading may
be used to reimburse the United States Fish and Wildlife Service
and the National Marine Fisheries Service for the costs of carrying
out their responsibilities under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) to consult and conference, as required
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Guidance.
PUBL074
125 STAT. 1004
Notification.
PUBLIC LAW 112–74—DEC. 23, 2011
by section 7 of such Act, in connection with wildland fire management activities: Provided further, That the Secretary of the Interior
may use wildland fire appropriations to enter into noncompetitive
sole-source leases of real property with local governments, at or
below fair market value, to construct capitalized improvements
for fire facilities on such leased properties, including but not limited
to fire guard stations, retardant stations, and other initial attack
and fire support facilities, and to make advance payments for any
such lease or for construction activity associated with the lease:
Provided further, That the Secretary of the Interior and the Secretary of Agriculture may authorize the transfer of funds appropriated for wildland fire management, in an aggregate amount
not to exceed $50,000,000, between the Departments when such
transfers would facilitate and expedite wildland fire management
programs and projects: Provided further, That funds provided for
wildfire suppression shall be available for support of Federal emergency response actions: Provided further, That funds appropriated
under this heading shall be available for assistance to or through
the Department of State in connection with forest and rangeland
research, technical information, and assistance in foreign countries,
and, with the concurrence of the Secretary of State, shall be available to support forestry, wildland fire management, and related
natural resource activities outside the United States and its territories and possessions, including technical assistance, education
and training, and cooperation with United States and international
organizations: Provided further, That before obligating any of the
funds provided herein for wildland fire suppression, the Secretary
of the Interior shall obligate all unobligated balances previously
made available under this heading that, when appropriated, were
designated by Congress as an emergency requirement pursuant
to the Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985 and notify the Committees on Appropriations of the House of Representatives and the
Senate in writing of the imminent need to begin obligating funds
provided herein for wildland fire suppression: Provided further,
That of the funds made available under this heading for wildland
fire suppression in fiscal year 2011, $82,000,000 are rescinded.
FLAME WILDFIRE SUPPRESSION RESERVE FUND
(INCLUDING TRANSFER OF FUNDS)
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Declaration.
For necessary expenses for large fire suppression operations
of the Department of the Interior and as a reserve fund for suppression and Federal emergency response activities, $92,000,000, to
remain available until expended: Provided, That such amounts
are available only for transfer to the ‘‘Wildland Fire Management’’
account and only following a declaration by the Secretary that
either (1) a wildland fire suppression event meets certain previously
established risk-based written criteria for significant complexity,
severity, or threat posed by the fire or (2) funds in the ‘‘Wildland
Fire Management’’ account will be exhausted within 30 days.
CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the Interior and
any of its component offices and bureaus for the response action,
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1005
including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability
Act, as amended (42 U.S.C. 9601 et seq.), $10,149,000, to remain
available until expended.
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment and restoration activities by the Department of the Interior necessary to carry
out the provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et
seq.), the Federal Water Pollution Control Act, as amended (33
U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33 U.S.C.
2701 et seq.), and Public Law 101–337, as amended (16 U.S.C.
19jj et seq.), $6,263,000, to remain available until expended.
WORKING CAPITAL FUND
For the acquisition of a departmental financial and business
management system, information technology improvements of general benefit to the Department, strengthening the Department’s
acquisition workforce capacity and capabilities, and consolidation
of facilities and operations throughout the Department, $62,019,000,
to remain available until expended: Provided, That such funds
shall be available for training, recruitment, retention, and hiring
members of the acquisition workforce as defined by the Office
of Federal Procurement Policy Act as amended (41 U.S.C. 401
et seq.): Provided further, That none of the funds appropriated
in this Act or any other Act may be used to establish reserves
in the Working Capital Fund account other than for accrued annual
leave and depreciation of equipment without prior approval of the
House of Representatives and Senate Committees on Appropriations: Provided further, That the Secretary may assess reasonable
charges to State, local and tribal government employees for training
services provided by the National Indian Program Training Center,
other than training related to Public Law 93–638: Provided further,
That the Secretary may lease or otherwise provide space and related
facilities, equipment or professional services of the National Indian
Program Training Center to State, local and tribal government
employees or persons or organizations engaged in cultural, educational, or recreational activities (as defined in section 3306(a)
of title 40, United States Code) at the prevailing rate for similar
space, facilities, equipment, or services in the vicinity of the
National Indian Program Training Center: Provided further, That
all funds received pursuant to the two preceding provisos shall
be credited to this account, shall be available until expended, and
shall be used by the Secretary for necessary expenses of the
National Indian Program Training Center.
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ADMINISTRATIVE PROVISION
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of which
shall be for replacement and which may be obtained by donation,
purchase or through available excess surplus property: Provided,
That existing aircraft being replaced may be sold, with proceeds
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PUBLIC LAW 112–74—DEC. 23, 2011
derived or trade-in value used to offset the purchase price for
the replacement aircraft.
GENERAL PROVISIONS, DEPARTMENT
OF THE INTERIOR
(INCLUDING TRANSFERS OF FUNDS)
EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU
SEC. 101. Appropriations made in this title shall be available
for expenditure or transfer (within each bureau or office), with
the approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have
been exhausted: Provided further, That all funds used pursuant
to this section must be replenished by a supplemental appropriation
which must be requested as promptly as possible.
EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE
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Determination.
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SEC. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in addition
to the amounts included in the budget programs of the several
agencies, for the suppression or emergency prevention of wildland
fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burnedover lands under its jurisdiction; for emergency actions related
to potential or actual earthquakes, floods, volcanoes, storms, or
other unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage assessment activities related to actual oil spills or releases of hazardous
substances into the environment; for the prevention, suppression,
and control of actual or potential grasshopper and Mormon cricket
outbreaks on lands under the jurisdiction of the Secretary, pursuant
to the authority in section 417(b) of Public Law 106–224 (7 U.S.C.
7717(b)); for emergency reclamation projects under section 410 of
Public Law 95–87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying
out the regulatory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for wildland fire operations
shall be available for the payment of obligations incurred during
the preceding fiscal year, and for reimbursement to other Federal
agencies for destruction of vehicles, aircraft, or other equipment
in connection with their use for wildland fire operations, such
reimbursement to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for wildland
fire operations, no funds shall be made available under this
authority until the Secretary determines that funds appropriated
for ‘‘wildland fire operations’’ and ‘‘FLAME Wildfire Suppression
Reserve Fund’’ shall be exhausted within 30 days: Provided further,
That all funds used pursuant to this section must be replenished
by a supplemental appropriation which must be requested as
promptly as possible: Provided further, That such replenishment
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1007
funds shall be used to reimburse, on a pro rata basis, accounts
from which emergency funds were transferred.
AUTHORIZED USE OF FUNDS
SEC. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as authorized
by section 3109 of title 5, United States Code, when authorized
by the Secretary, in total amount not to exceed $500,000; purchase
and replacement of motor vehicles, including specially equipped
law enforcement vehicles; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when
authorized under regulations approved by the Secretary; and the
payment of dues, when authorized by the Secretary, for library
membership in societies or associations which issue publications
to members only or at a price to members lower than to subscribers
who are not members.
AUTHORIZED USE OF FUNDS, INDIAN TRUST MANAGEMENT
SEC. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Office of the Special Trustee for
American Indians and any unobligated balances from prior appropriations Acts made under the same headings shall be available
for expenditure or transfer for Indian trust management and reform
activities. Total funding for historical accounting activities shall
not exceed amounts specifically designated in this Act for such
purpose.
REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN AFFAIRS
SEC. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction
in Tribal Priority Allocation funds of more than 10 percent in
fiscal year 2012. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the
10 percent limitation does not apply.
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PAYMENT OF FEES
SEC. 106. The Secretary of the Interior may use discretionary
funds to pay private attorney fees and costs for employees and
former employees of the Department of the Interior reasonably
incurred in connection with Cobell v. Salazar to the extent that
such fees and costs are not paid by the Department of Justice
or by private insurance. In no case shall the Secretary make payments under this section that would result in payment of hourly
fees in excess of the highest hourly rate approved by the District
Court for the District of Columbia for counsel in Cobell v. Salazar.
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125 STAT. 1008
PUBLIC LAW 112–74—DEC. 23, 2011
EVERGLADES ECOSYSTEM RESTORATION
16 USC 410i
note.
SEC. 107. This and any subsequent fiscal year, the National
Park Service is authorized to implement modifications to the
Tamiami Trail as described in, and in accordance with, the preferred
alternative identified in the final environmental impact statement
noticed in the Federal Register on December 14, 2010, (75 Fed.
Reg. 77896), relating to restoration efforts of the Everglades ecosystem.
ELLIS, GOVERNORS, AND LIBERTY ISLANDS
New York.
New Jersey.
Contracts.
SEC. 108. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters,
or interests therein including the use of all or part of any pier,
dock, or landing within the State of New York and the State
of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors
to Ellis, Governors, and Liberty Islands, and of other program
and administrative activities, by donation or with appropriated
funds, including franchise fees (and other monetary consideration),
or by exchange; and the Secretary is authorized to negotiate and
enter into leases, subleases, concession contracts or other agreements for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
OUTER CONTINENTAL SHELF INSPECTION FEES
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Deadlines.
SEC. 109. (a) In fiscal year 2012, the Secretary shall collect
a nonrefundable inspection fee, which shall be deposited in the
‘‘Ocean Energy Management’’ account, from the designated operator
for facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above
the waterline, excluding drilling rigs, and are in place at the start
of the fiscal year. Fees for fiscal year 2012 shall be:
(1) $10,500 for facilities with no wells, but with processing
equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2012. Fees for fiscal year 2012 shall be:
(1) $30,500 per inspection for rigs operating in water depths
of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water depths
of less than 500 feet.
(d) The Secretary shall bill designated operators under subsection (b) within 60 days, with payment required within 30 days
of billing. The Secretary shall bill designated operators under subsection (c) within 30 days of the end of the month in which the
inspection occurred, with payment required within 30 days of
billing.
OIL AND GAS LEASING INTERNET PROGRAM
SEC. 110. Notwithstanding section 17(b)(1)(A) of the Mineral
Leasing Act (30 U.S.C. 226(b)(1)(A)), the Secretary of the Interior
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125 STAT. 1009
shall have the authority to establish an oil and gas leasing Internet
program, under which the Secretary may conduct lease sales
through methods other than oral bidding.
INDIAN PROBATE JUDGES
SEC. 111. Section 108 of Public Law 109–54 (the Department
of the Interior, Environment, and Related Agencies Appropriations
Act, 2006) is amended by striking ‘‘in fiscal years 2006 through
2010, for the purpose of reducing the backlog of’’ and inserting
‘‘for fiscal year 2006 and each fiscal year thereafter, for the purpose
of adjudicating’’.
25 USC 372–2.
BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION AND
ENFORCEMENT REORGANIZATION
SEC. 112. The Secretary of the Interior, in order to implement
a reorganization of the Bureau of Ocean Energy Management,
Regulation and Enforcement, may establish accounts and transfer
funds among and between the offices and bureaus affected by the
reorganization only in conformance with the reprogramming guidelines described in the report accompanying this Act.
AUTHORIZED USE OF INDIAN EDUCATION FUNDS
SEC. 113. Beginning July 1, 2008, any funds (including investments and interest earned, except for construction funds) held
by a Public Law 100–297 grant or a Public Law 93–638 contract
school shall, upon retrocession to or re-assumption by the Bureau
of Indian Education, remain available to the Bureau of Indian
Education for a period of 5 years from the date of retrocession
or re-assumption for the benefit of the programs approved for the
school on October 1, 1995.
Effective date.
Time period.
CONTRACTS AND AGREEMENTS FOR WILD HORSE AND BURRO HOLDING
FACILITIES
SEC. 114. (a) Notwithstanding any other provision of this Act,
the Secretary of the Interior may enter into multiyear cooperative
agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with
the provisions of section 304B of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254c) (except that the 5year term restriction in subsection (d) shall not apply), for the
long-term care and maintenance of excess wild free roaming horses
and burros by such organizations or entities on private land. Such
cooperative agreements and contracts may not exceed 10 years,
subject to renewal at the discretion of the Secretary.
(b) During fiscal year 2012 and subsequent fiscal years, in
carrying out work involving cooperation with any State or political
subdivision thereof, the Bureau of Land Management may record
obligations against accounts receivable from any such entities.
16 USC 1336
note.
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BUREAU OF INDIAN EDUCATION OPERATED SCHOOLS
SEC. 115. (a)(1) Notwithstanding any other provision of law
or Federal regulation, including section 586(c) of title 40, United
States Code, the Director of the BIE, or the Director’s designee,
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Contracts.
25 USC 2000
note.
PUBL074
125 STAT. 1010
PUBLIC LAW 112–74—DEC. 23, 2011
is authorized to enter into agreements with public and private
persons and entities that provide for such persons and entities
to rent or lease the land or facilities of a Bureau-operated school
for such periods of time as the school is Bureau operated, in
exchange for a consideration (in the form of funds) that benefits
the school, as determined by the head of the school.
(2) Funds received under paragraph (1) shall be retained by
the school and used for school purposes otherwise authorized by
law. Any funds received under paragraph (1) are hereby made
available until expended for such purposes, notwithstanding section
3302 of title 31, United States Code.
(3) Nothing in this section shall be construed to allow for
the diminishment of, or otherwise affect, the appropriation of funds
to the budget accounts for the operation and maintenance of
Bureau-operated schools. No funds shall be withheld from the distribution to the budget of any Bureau-operated school due to the
receipt by the school of a benefit in accordance with this section.
(b) Notwithstanding any provision of title 5, United States
Code, or any regulation promulgated under such title, education
personnel who are under the direction and supervision of the Secretary of the Interior may participate in a fundraising activity
for the benefit of a Bureau-operated school in an official capacity
as part of their official duties. When participating in such an
official capacity, the employee may use the employee’s official title,
position, and authority. Nothing in this subsection shall be construed to authorize participation in political activity (as such term
is used in section 7324 of title 5, United States Code) otherwise
prohibited by law.
(c) The Secretary of the Interior shall promulgate regulations
to carry out this section not later than 16 months after the date
of the enactment of this Act. Such regulations shall include—
(1) standards for the appropriate use of Bureau-operated
school lands and facilities by third parties under a rental or
lease agreement;
(2) provisions for the establishment and administration
of mechanisms for the acceptance of consideration for the use
and benefit of a school in accordance with this section
(including, in appropriate cases, the establishment and administration of trust funds);
(3) accountability standards to ensure ethical conduct; and
(4) provisions for monitoring the amount and terms of
consideration received, the manner in which the consideration
is used, and any results achieved by such use.
(d) Provisions of this section shall apply to fiscal years 2012
through 2014.
Regulations.
Deadline.
Applicability.
AUTHORIZED USE OF FUNDS
124 Stat. 2339.
SEC. 116. Section 3006 of Public Law 111–212 is amended
by striking ‘‘For fiscal years 2010 and 2011’’ and inserting ‘‘For
fiscal years 2010 through 2012’’.
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MASS MARKING OF SALMONIDS
SEC. 117. The United States Fish and Wildlife Service shall,
in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking
of salmonid stocks, intended for harvest, that are released from
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1011
federally operated or federally financed hatcheries including but
not limited to fish releases of coho, chinook, and steelhead species.
Marked fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
PROHIBITION ON USE OF FUNDS
SEC. 118. (a) Any proposed new use of the Arizona & California
Railroad Company’s Right of Way for conveyance of water shall
not proceed unless the Secretary of the Interior certifies that the
proposed new use is within the scope of the Right of Way.
(b) No funds appropriated or otherwise made available to the
Department of the Interior may be used, in relation to any proposal
to store water underground for the purpose of export, for approval
of any right-of-way or similar authorization on the Mojave National
Preserve or lands managed by the Needles Field Office of the
Bureau of Land Management, or for carrying out any activities
associated with such right-of-way or similar approval.
Certification.
YUKON-CHARLEY NATIONAL PRESERVE
SEC. 119. None of the funds made available by this Act may
be used by the Secretary of the Interior to implement or enforce
regulations concerning boating within Yukon-Charley National Preserve, including waters subject to the jurisdiction of the United
States, pursuant to section 3(h) of Public Law 91–383 (16 U.S.C.
1a–2(h)) or any other authority. This section does not affect the
authority of the Coast Guard to regulate the use of waters subject
to the jurisdiction of the United States within the Yukon-Charley
National Preserve.
Boating.
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REPUBLIC OF PALAU
SEC. 120. (a) IN GENERAL.—Subject to subsection (c), the United
States Government, through the Secretary of the Interior shall
provide to the Government of Palau for fiscal year 2012 grants
in amounts equal to the annual amounts specified in subsections
(a), (c), and (d) of section 211 of the Compact of Free Association
between the Government of the United States of America and
the Government of Palau (48 U.S.C. 1931 note) (referred to in
this section as the ‘‘Compact’’).
(b) PROGRAMMATIC ASSISTANCE.—Subject to subsection (c), the
United States shall provide programmatic assistance to the Republic
of Palau for fiscal year 2012 in amounts equal to the amounts
provided in subsections (a) and (b)(1) of section 221 of the Compact.
(c) LIMITATIONS ON ASSISTANCE.—
(1) IN GENERAL.—The grants and programmatic assistance
provided under subsections (a) and (b) shall be provided to
the same extent and in the same manner as the grants and
assistance were provided in fiscal year 2009.
(2) TRUST FUND.—If the Government of Palau withdraws
more than $5,000,000 from the trust fund established under
section 211(f) of the Compact, amounts to be provided under
subsections (a) and (b) shall be withheld from the Government
of Palau.
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125 STAT. 1012
PUBLIC LAW 112–74—DEC. 23, 2011
HIRING AUTHORITIES
16 USC 1725a.
Applicability.
Time period.
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Applicability.
Effective date.
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SEC. 121. (a) DIRECT HIRE AUTHORITY.—
(1) During fiscal year 2012 and thereafter, the Secretary
of the Interior may appoint, without regard to the provisions
of subchapter I of chapter 33 of title 5, United States Code,
other than sections 3303 and 3328 of such title, a qualified
candidate described in paragraph (1) directly to a position with
a land managing agency of the Department of the Interior
for which the candidate meets Office of Personnel Management
qualification standards.
(2) Paragraph (1) applies with respect to a former resource
assistant (as defined in section 203 of the Public Land Corps
Act (16 U.S.C. 1722)) who—
(A) completed a rigorous undergraduate or graduate
summer internship with a land managing agency, such
as the National Park Service Business Plan Internship;
(B) successfully fulfilled the requirements of the internship program; and
(C) subsequently earned an undergraduate or graduate
degree from an accredited institution of higher education.
(3) The direct hire authority under this subsection may
not be exercised with respect to a specific qualified candidate
after the end of the two-year period beginning on the date
on which the candidate completed the undergraduate or graduate degree, as the case may be.
(b) LOCAL HIRE AUTHORITY.—Section 1308 of the Alaska
National Interest Lands Conservation Act of 1980 (16 U.S.C. 3198)
is amended—
(1) in subsection (a), by striking ‘‘establish a program’’
and inserting ‘‘establish an excepted service appointment
authority,’’;
(2) in subsection (b), by striking ‘‘competitive service as
defined in section 2102 of such title for which such person
is eligible under subchapter I of chapter 33 of such title, in
selection to such position’’ and inserting ‘‘excepted service as
defined in section 2103 of such title’’;
(3) in subsection (e), by redesignating paragraph (2) as
paragraph (3) and inserting after paragraph (1) the following
new paragraph (2):
‘‘(2) CONVERSION TO COMPETITIVE SERVICE.—Employees
who satisfactorily complete two years of continuous service
in a permanent appointment made under subsection (a) and
who meet satisfactory performance and competitive service
qualification requirements shall have their appointment converted to competitive service career-conditional or career
employment as appropriate. This paragraph applies to individuals appointed on or after March 30, 2009. An employee who
does not meet competitive service qualification requirements
after two years of continuous service in an appointment made
under subsection (a) shall be converted upon meeting such
qualification requirements. Temporary and time-limited
appointments will be made in the excepted service. There is
no provision for conversion to competitive service when appointments are time-limited.’’.
(c) GULF OF MEXICO REGION.—For fiscal years 2012 and 2013,
funds made available in this title for the Bureau of Ocean Energy
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1013
Management and the Bureau of Safety and Environmental Enforcement may be used by the Secretary of the Interior to establish
higher minimum rates of basic pay for employees of the Department
of the Interior in the Gulf of Mexico Region in the Geophysicist
(GS–1313), Geologist (GS–1350), and Petroleum Engineer (GS–
0881) job series at grades 5 through 15 at rates no greater than
25 percent above the minimum rates of basic pay normally scheduled, and such higher rates shall be consistent with the subsections
(e) through (h) of section 5305 of title 5, United States Code.
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BUREAU OF LAND MANAGEMENT ACTIONS REGARDING GRAZING ON
PUBLIC LANDS
SEC. 122. (a) EXHAUSTION OF ADMINISTRATIVE REVIEW
REQUIRED.—
(1) For fiscal years 2012 and 2013 only, a person may
bring a civil action challenging a decision of the Bureau of
Land Management concerning grazing on public lands (as
defined in section 103(e) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702(e))) in a Federal
district court only if the person has exhausted the administrative hearings and appeals procedures established by the Department of the Interior, including having filed a timely appeal
and a request for stay.
(2) An issue may be considered in the judicial review of
a decision referred to in paragraph (1) only if the issue was
raised in the administrative review process described in such
paragraph.
(3) An exception to the requirement of exhausting the
administrative review process before seeking judicial review
shall be available if a Federal court finds that the agency
failed or was unable to make information timely available
during the administrative review process for issues of material
fact. For the purposes of this paragraph, the term ‘‘timely’’
means within 120 calendar days after the date that the challenge to the agency action or amendment at issue is received
for administrative review.
(b) ACCEPTANCE OF DONATION OF CERTAIN EXISTING PERMITS
OR LEASES.—
(1) During fiscal year 2012 and thereafter, the Secretary
of the Interior shall accept the donation of any valid existing
permits or leases authorizing grazing on public lands within
the California Desert Conservation Area. With respect to each
permit or lease donated under this paragraph, the Secretary
shall terminate the grazing permit or lease, ensure a permanent
end (except as provided in paragraph (2)), to grazing on the
land covered by the permit or lease, and make the land available for mitigation by allocating the forage to wildlife use
consistent with any applicable Habitat Conservation Plan, section 10(a)(1)(B) permit, or section 7 consultation under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(2) If the land covered by a permit or lease donated under
paragraph (1) is also covered by another valid existing permit
or lease that is not donated under such paragraph, the Secretary of the Interior shall reduce the authorized grazing level
on the land covered by the permit or lease to reflect the donation
of the permit or lease under paragraph (1). To ensure that
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Definition.
43 USC 1781a.
Termination.
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125 STAT. 1014
PUBLIC LAW 112–74—DEC. 23, 2011
there is a permanent reduction in the level of grazing on
the land covered by a permit or lease donated under paragraph
(1), the Secretary shall not allow grazing use to exceed the
authorized level under the remaining valid existing permit
or lease that is not donated.
TRAILING LIVESTOCK OVER PUBLIC LAND
SEC. 123. During fiscal years 2012 through 2013 only, the
Bureau of Land Management may, at its sole discretion, review
planning and implementation decisions regarding the trailing of
livestock across public lands, including, but not limited to, issuance
of crossing or trailing authorizations or permits, under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). Temporary trailing or crossing authorizations across public lands shall
not be subject to protest and/or appeal under subpart E of part
4 of title 43, Code of Federal Regulations, and subpart 4160 of
part 4100 of such title.
LEASE AUTHORIZATION
SEC. 124. (a) IN GENERAL.—The Secretary of the Interior
(referred to in this section as the ‘‘Secretary’’) may lease to the
Savannah Bar Pilots Association, or a successor organization, no
more than 30,000 square feet of land and improvements within
Fort Pulaski National Monument (referred to in this section as
the ‘‘Monument’’) at the location on Cockspur Island that has been
used continuously by the Savannah Bar Pilots Association since
1940.
(b) RENTAL FEE AND PROCEEDS.—
(1) RENTAL FEE.—For the lease authorized by this Act,
the Secretary shall require a rental fee based on fair market
value adjusted, as the Secretary deems appropriate, for
amounts to be expended by the lessee for property preservation,
maintenance, or repair and related expenses.
(2) PROCEEDS.—Disposition of the proceeds from the rental
fee required pursuant to paragraph (1) shall be made in accordance with section 3(k)(5) of Public Law 91–383 (16 U.S.C.
1a–2(k)(5)).
(c) TERMS AND CONDITIONS.—A lease entered into under this
section—
(1) shall be for a term of no more than 10 years and,
at the Secretary’s discretion, for successive terms of no more
than 10 years at a time; and
(2) shall include any terms and conditions the Secretary
determines to be necessary to protect the resources of the
Monument and the public interest.
(d) EXEMPTION FROM APPLICABLE LAW.—Except as provided
in section 2(b)(2) of this Act, the lease authorized by this Act
shall not be subject to section 3(k) of Public Law 91–383 (16 U.S.C.
1a–2(k)) or section 321 of Act of June 30, 1932 (40 U.S.C. 1302).
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WILD LANDS FUNDING PROHIBITION
SEC. 125. None of the funds made available in this Act or
any other Act may be used to implement, administer, or enforce
Secretarial Order No. 3310 issued by the Secretary of the Interior
on December 22, 2010: Provided, That nothing in this section shall
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1015
restrict the Secretary’s authorities under sections 201 and 202
of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1711 and 1712).
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
SCIENCE
AND
TECHNOLOGY
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, as amended; necessary expenses for
personnel and related costs and travel expenses; procurement of
laboratory equipment and supplies; and other operating expenses
in support of research and development, $795,000,000, to remain
available until September 30, 2013.
ENVIRONMENTAL PROGRAMS
AND
MANAGEMENT
For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and
related costs and travel expenses; hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase of reprints;
library memberships in societies or associations which issue publications to members only or at a price to members lower than to
subscribers who are not members; administrative costs of the
brownfields program under the Small Business Liability Relief and
Brownfields Revitalization Act of 2002; and not to exceed $19,000
for official reception and representation expenses, $2,682,514,000,
to remain available until September 30, 2013: Provided, That of
the funds included under this heading, not less than $410,375,000
shall be for Geographic Programs specified in the explanatory statement accompanying this Act.
OFFICE
OF INSPECTOR
GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $42,000,000, to remain available until September 30,
2013.
BUILDINGS
AND
FACILITIES
For construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of, or for use by,
the Environmental Protection Agency, $36,428,000, to remain available until expended.
HAZARDOUS SUBSTANCE SUPERFUND
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(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6),
and (e)(4) (42 U.S.C. 9611) $1,215,753,000, to remain available
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PUBL074
125 STAT. 1016
PUBLIC LAW 112–74—DEC. 23, 2011
until expended, consisting of such sums as are available in the
Trust Fund on September 30, 2011, as authorized by section 517(a)
of the Superfund Amendments and Reauthorization Act of 1986
(SARA) and up to $1,215,753,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA, as amended: Provided, That funds
appropriated under this heading may be allocated to other Federal
agencies in accordance with section 111(a) of CERCLA: Provided
further, That of the funds appropriated under this heading,
$9,955,000 shall be paid to the ‘‘Office of Inspector General’’ appropriation to remain available until September 30, 2013, and
$23,016,000 shall be paid to the ‘‘Science and Technology’’ appropriation to remain available until September 30, 2013.
LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM
Native
Americans.
For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid
Waste Disposal Act, as amended, $104,309,000, to remain available
until expended, of which $73,809,000 shall be for carrying out
leaking underground storage tank cleanup activities authorized by
section 9003(h) of the Solid Waste Disposal Act, as amended;
$30,500,000 shall be for carrying out the other provisions of the
Solid Waste Disposal Act specified in section 9508(c) of the Internal
Revenue Code, as amended: Provided, That the Administrator is
authorized to use appropriations made available under this heading
to implement section 9013 of the Solid Waste Disposal Act to
provide financial assistance to federally recognized Indian tribes
for the development and implementation of programs to manage
underground storage tanks.
INLAND OIL SPILL PROGRAMS
For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990,
$18,274,000, to be derived from the Oil Spill Liability trust fund,
to remain available until expended.
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STATE
AND
TRIBAL ASSISTANCE GRANTS
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,618,727,000, to remain available until expended, of which $1,468,806,000 shall be for making
capitalization grants for the Clean Water State Revolving Funds
under title VI of the Federal Water Pollution Control Act, as
amended (the ‘‘Act’’); of which $919,363,000 shall be for making
capitalization grants for the Drinking Water State Revolving Funds
under section 1452 of the Safe Drinking Water Act, as amended:
Provided, That for fiscal year 2012, to the extent there are sufficient
eligible project applications, not less than 10 percent of the funds
made available under this title to each State for Clean Water
State Revolving Fund capitalization grants shall be used by the
State for projects to address green infrastructure, water or energy
efficiency improvements, or other environmentally innovative activities: Provided further, That for fiscal year 2012, funds made available under this title to each State for Drinking Water State
Revolving Fund capitalization grants may, at the discretion of each
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1017
State, be used for projects to address green infrastructure, water
or energy efficiency improvements, or other environmentally innovative activities; $5,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in connection
with the construction of high priority water and wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission; $10,000,000 shall
be for grants to the State of Alaska to address drinking water
and wastewater infrastructure needs of rural and Alaska Native
Villages: Provided further, That, of these funds: (1) the State of
Alaska shall provide a match of 25 percent; (2) no more than
5 percent of the funds may be used for administrative and overhead
expenses; and (3) the State of Alaska shall make awards consistent
with the State-wide priority list established in conjunction with
the Agency and the U.S. Department of Agriculture for all water,
sewer, waste disposal, and similar projects carried out by the State
of Alaska that are funded under section 221 of the Federal Water
Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm
and Rural Development Act (7 U.S.C. 1921 et seq.) which shall
allocate not less than 25 percent of the funds provided for projects
in regional hub communities; $95,000,000 shall be to carry out
section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including grants, interagency agreements, and associated program
support costs; $30,000,000 shall be for grants under title VII, subtitle G of the Energy Policy Act of 2005, as amended; and
$1,090,558,000 shall be for grants, including associated program
support costs, to States, federally recognized tribes, interstate agencies, tribal consortia, and air pollution control agencies for multimedia or single media pollution prevention, control and abatement
and related activities, including activities pursuant to the provisions
set forth under this heading in Public Law 104–134, and for making
grants under section 103 of the Clean Air Act for particulate matter
monitoring and data collection activities subject to terms and conditions specified by the Administrator, of which $49,396,000 shall
be for carrying out section 128 of CERCLA, as amended, $9,980,000
shall be for Environmental Information Exchange Network grants,
including associated program support costs, $18,463,000 of the
funds available for grants under section 106 of the Act shall be
for State participation in national- and State-level statistical surveys of water resources and enhancements to State monitoring
programs, and, in addition to funds appropriated under the heading
‘‘Leaking Underground Storage Tank Trust Fund Program’’ to carry
out the provisions of the Solid Waste Disposal Act specified in
section 9508(c) of the Internal Revenue Code other than section
9003(h) of the Solid Waste Disposal Act, as amended, $1,550,000
shall be for grants to States under section 2007(f)(2) of the Solid
Waste Disposal Act, as amended: Provided further, That notwithstanding section 603(d)(7) of the Federal Water Pollution Control
Act, the limitation on the amounts in a State water pollution
control revolving fund that may be used by a State to administer
the fund shall not apply to amounts included as principal in loans
made by such fund in fiscal year 2012 and prior years where
such amounts represent costs of administering the fund to the
extent that such amounts are or were deemed reasonable by the
Administrator, accounted for separately from other assets in the
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Alaska.
PUBL074
125 STAT. 1018
Grants.
Native
Americans.
Applicability.
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42 USC 300j–12
note.
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PUBLIC LAW 112–74—DEC. 23, 2011
fund, and used for eligible purposes of the fund, including administration: Provided further, That for fiscal year 2012, and notwithstanding section 518(f) of the Act, the Administrator is authorized
to use the amounts appropriated for any fiscal year under section
319 of that Act to make grants to federally recognized Indian
tribes pursuant to sections 319(h) and 518(e) of that Act: Provided
further, That for fiscal year 2012, notwithstanding the limitation
on amounts in section 518(c) of the Federal Water Pollution Control
Act and section 1452(i) of the Safe Drinking Water Act, up to
a total of 2 percent of the funds appropriated for State Revolving
Funds under such Acts may be reserved by the Administrator
for grants under section 518(c) and section 1452(i) of such Acts:
Provided further, That for fiscal year 2012, notwithstanding the
amounts specified in section 205(c) of the Federal Water Pollution
Control Act, up to 1.5 percent of the aggregate funds appropriated
for the Clean Water State Revolving Fund program under the
Act less any sums reserved under section 518(c) of the Act, may
be reserved by the Administrator for grants made under title II
of the Clean Water Act for American Samoa, Guam, the Commonwealth of the Northern Marianas, and United States Virgin Islands:
Provided further, That for fiscal year 2012, notwithstanding the
limitations on amounts specified in section 1452(j) of the Safe
Drinking Water Act, up to 1.5 percent of the funds appropriated
for the Drinking Water State Revolving Fund programs under the
Safe Drinking Water Act may be reserved by the Administrator
for grants made under section 1452(j) of the Safe Drinking Water
Act: Provided further, That not less than 20 percent but not more
than 30 percent of the funds made available under this title to
each State for Clean Water State Revolving Fund capitalization
grants and not less than 20 percent but not more than 30 percent
of the funds made available under this title to each State for
Drinking Water State Revolving Fund capitalization grants shall
be used by the State to provide additional subsidy to eligible recipients in the form of forgiveness of principal, negative interest loans,
or grants (or any combination of these), and shall be so used
by the State only where such funds are provided as initial financing
for an eligible recipient or to buy, refinance, or restructure the
debt obligations of eligible recipients only where such debt was
incurred on or after the date of enactment of this Act, except
that for the Clean Water State Revolving Fund capitalization grant
appropriation this section shall only apply to the portion that
exceeds $1,000,000,000: Provided further, That no funds provided
by this appropriations Act to address the water, wastewater and
other critical infrastructure needs of the colonias in the United
States along the United States-Mexico border shall be made available to a county or municipal government unless that government
has established an enforceable local ordinance, or other zoning
rule, which prevents in that jurisdiction the development or
construction of any additional colonia areas, or the development
within an existing colonia the construction of any new home, business, or other structure which lacks water, wastewater, or other
necessary infrastructure: Provided further, That for fiscal year 2012
and hereafter, the Administrator may transfer funds provided for
tribal set-asides through funds appropriated for the Clean Water
State Revolving Funds and for the Drinking Water State Revolving
Funds between those accounts in such manner as the Administrator
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1019
deems appropriate, but not to exceed the transfer limits given
to States under section 302(a) of Public Law 104–182.
ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL PROTECTION
AGENCY
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(INCLUDING TRANSFER AND RESCISSION OF FUNDS)
For fiscal year 2012, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency,
in carrying out the Agency’s function to implement directly Federal
environmental programs required or authorized by law in the
absence of an acceptable tribal program, may award cooperative
agreements to federally recognized Indian tribes or Intertribal consortia, if authorized by their member tribes, to assist the Administrator in implementing Federal environmental programs for Indian
tribes required or authorized by law, except that no such cooperative
agreements may be awarded from funds designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act, as amended by Public Law 110–94, the Pesticide Registration Improvement Renewal Act.
The Administrator is authorized to transfer up to $300,000,000
of the funds appropriated for the Great Lakes Restoration Initiative
under the heading ‘‘Environmental Programs and Management’’
to the head of any Federal department or agency, with the concurrence of such head, to carry out activities that would support
the Great Lakes Restoration Initiative and Great Lakes Water
Quality Agreement programs, projects, or activities; to enter into
an interagency agreement with the head of such Federal department
or agency to carry out these activities; and to make grants to
governmental entities, nonprofit organizations, institutions, and
individuals for planning, research, monitoring, outreach, and
implementation in furtherance of the Great Lakes Restoration Initiative and the Great Lakes Water Quality Agreement.
From unobligated balances available to the Administrator of
the Environmental Protection Agency, $50,000,000 are permanently
rescinded: Provided, That of these funds, $5,000,000 shall be
rescinded from unobligated balances within the ‘‘Hazardous Substance Superfund’’ account; $5,000,000 shall be rescinded from
unobligated Brownfields balances within the ‘‘State and Tribal
Assistance Grants’’ account; $5,000,000 shall be rescinded from
unobligated Mexico Border balances within the ‘‘State and Tribal
Assistance Grants’’ account; $5,000,000 shall be rescinded from
unobligated Diesel Emissions Reduction Act balances within the
‘‘State and Tribal Assistance Grants’’ account; $20,000,000 shall
be rescinded from unobligated categorical grant balances within
the ‘‘State and Tribal Assistance Grants’’ account; and $10,000,000
shall be rescinded from unobligated Clean Water State Revolving
Funds balances within the ‘‘State and Tribal Assistance Grants’’
account: Provided further, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
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Fees.
Contracts.
Grants.
PUBL074
125 STAT. 1020
Applicability.
33 USC 1372
note.
Applicability.
42 USC 300j–9
note.
Deadline.
Notification.
Determination.
Deadline.
PUBLIC LAW 112–74—DEC. 23, 2011
For fiscal year 2012 and each fiscal year thereafter, the requirements of section 513 of the Federal Water Pollution Control Act
(33 U.S.C. 1372) shall apply to the construction of treatment works
carried out in whole or in part with assistance made available
by a State water pollution control revolving fund as authorized
by title VI of that Act (33 U.S.C. 1381 et seq.), or with assistance
made available under section 205(m) of that Act (33 U.S.C.
1285(m)), or both.
For fiscal year 2012 and each fiscal year thereafter, the requirements of section 1450(e) of the Safe Drinking Water Act (42 U.S.C.
300j–9(e)) shall apply to any construction project carried out in
whole or in part with assistance made available by a drinking
water treatment revolving loan fund as authorized by section 1452
of that Act (42 U.S.C. 300j–12).
Notwithstanding section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604),
the Administrator may authorize the expenditure or transfer of
up to $10,000,000 from any appropriation in this title, in addition
to the amounts included in the ‘‘Inland Oil Spill Programs’’ account,
for removal activities related to actual oil spills 5 days after notifying the House and Senate Committees on Appropriations of the
intention to expend or transfer such funds: Provided, That no funds
shall be expended or transferred under this authority until the
Administrator determines that amounts made available for expenditure in the ‘‘Inland Oil Spill Programs’’ account will be exhausted
within 30 days: Provided further, That such funds shall be replenished to the appropriation that was the source of the expenditure
or transfer, following EPA’s receipt of reimbursement from the
Oil Spill Liability Trust Fund pursuant to the Oil Pollution Act
of 1990.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland research as
authorized by law, $295,773,000, to remain available until
expended: Provided, That of the funds provided, $64,372,000 is
for the forest inventory and analysis program.
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STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions,
and others, and for forest health management, including treatments
of pests, pathogens, and invasive or noxious plants and for restoring
and rehabilitating forests damaged by pests or invasive plants,
cooperative forestry, and education and land conservation activities
and conducting an international program as authorized,
$253,331,000, to remain available until expended, as authorized
by law; of which $53,388,000 is to be derived from the Land and
Water Conservation Fund.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1021
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization of the National Forest System, $1,556,628,000, to remain available until expended: Provided, That of the funds provided,
$336,049,000 shall be for forest products: Provided further, That
of the funds provided, $40,000,000 shall be deposited in the Collaborative Forest Landscape Restoration Fund for ecological restoration
treatments as authorized by 16 U.S.C. 7303(f): Provided further,
That of the funds provided, up to $68,000,000 is for the Integrated
Resource Restoration pilot program for Region 1, Region 3 and
Region 4: Provided further, That of the funds provided for forest
products, up to $44,585,000 may be transferred to support the
Integrated Resource Restoration pilot program in the preceding
proviso.
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Forest Service, not otherwise
provided for, $394,721,000, to remain available until expended,
for construction, capital improvement, maintenance and acquisition
of buildings and other facilities and infrastructure; and for construction, reconstruction, decommissioning (including decommissioning
unauthorized roads not part of the transportation system), and
maintenance of forest roads and trails by the Forest Service as
authorized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205:
Provided, That $45,000,000 shall be designated for urgently needed
road decommissioning, road and trail repair and maintenance and
associated activities, and removal of fish passage barriers, especially
in areas where Forest Service roads may be contributing to water
quality problems in streams and water bodies which support threatened, endangered, or sensitive species or community water sources:
Provided further, That funds becoming available in fiscal year 2012
under the Act of March 4, 1913 (16 U.S.C. 501) shall be transferred
to the General Fund of the Treasury and shall not be available
for transfer or obligation for any other purpose unless the funds
are appropriated: Provided further, That of the funds provided
for decommissioning of roads, up to $13,000,000 may be transferred
to the ‘‘National Forest System’’ to support the Integrated Resource
Restoration pilot program.
Roads.
LAND ACQUISITION
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For expenses necessary to carry out the provisions of the Land
and Water Conservation Fund Act of 1965, as amended (16 U.S.C.
460l–4 through 11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the Forest Service,
$52,605,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe
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PUBL074
125 STAT. 1022
PUBLIC LAW 112–74—DEC. 23, 2011
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,
and Cleveland National Forests, California, as authorized by law,
$955,000, to be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant
to Land Sale and Exchange Acts, pursuant to the Act of December
4, 1967, as amended (16 U.S.C. 484a), to remain available until
expended (16 U.S.C. 460l–516–617a, 555a; Public Law 96–586;
Public Law 76–589, 76–591; and Public Law 78–310).
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior
fiscal year, as fees for grazing domestic livestock on lands in
National Forests in the 16 Western States, pursuant to section
401(b)(1) of Public Law 94–579, as amended, to remain available
until expended, of which not to exceed 6 percent shall be available
for administrative expenses associated with on-the-ground range
rehabilitation, protection, and improvements.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND
RESEARCH
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to
remain available until expended, to be derived from the fund established pursuant to the above Act.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (Public Law 96–487),
$2,577,000, to remain available until expended.
WILDLAND FIRE MANAGEMENT
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(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for forest fire presuppression activities
on National Forest System lands, for emergency fire suppression
on or adjacent to such lands or other lands under fire protection
agreement, hazardous fuels reduction on or adjacent to such lands,
and for emergency rehabilitation of burned-over National Forest
System lands and water, $1,737,631,000, to remain available until
expended: Provided, That such funds including unobligated balances
under this heading, are available for repayment of advances from
other appropriations accounts previously transferred for such purposes: Provided further, That such funds shall be available to
reimburse State and other cooperating entities for services provided
in response to wildfire and other emergencies or disasters to the
extent such reimbursements by the Forest Service for non-fire emergencies are fully repaid by the responsible emergency management
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PUBL074
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1023
agency: Provided further, That, notwithstanding any other provision
of law, $7,262,000 of funds appropriated under this appropriation
shall be available for the Forest Service in support of fire science
research authorized by the Joint Fire Science Program, including
all Forest Service authorities for the use of funds, such as contracts,
grants, research joint venture agreements, and cooperative agreements: Provided further, That all authorities for the use of funds,
including the use of contracts, grants, and cooperative agreements,
available to execute the Forest and Rangeland Research appropriation, are also available in the utilization of these funds for Fire
Science Research: Provided further, That funds provided shall be
available for emergency rehabilitation and restoration, hazardous
fuels reduction activities in the urban-wildland interface, support
to Federal emergency response, and wildfire suppression activities
of the Forest Service: Provided further, That of the funds provided,
$317,584,000 is for hazardous fuels reduction activities, $21,734,000
is for research activities and to make competitive research grants
pursuant to the Forest and Rangeland Renewable Resources
Research Act, as amended (16 U.S.C. 1641 et seq.), $55,564,000
is for State fire assistance, $6,366,000 is for volunteer fire assistance, $15,983,000 is for forest health activities on Federal lands
and $8,366,000 is for forest health activities on State and private
lands: Provided further, That amounts in this paragraph may be
transferred to the ‘‘State and Private Forestry’’, ‘‘National Forest
System’’, and ‘‘Forest and Rangeland Research’’ accounts to fund
State fire assistance, volunteer fire assistance, forest health
management, forest and rangeland research, the Joint Fire Science
Program, vegetation and watershed management, heritage site
rehabilitation, and wildlife and fish habitat management and restoration: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any
non-Federal entity may be shared, as mutually agreed on by the
affected parties: Provided further, That up to $15,000,000 of the
funds provided herein may be used by the Secretary of Agriculture
to enter into procurement contracts or cooperative agreements or
to issue grants for hazardous fuels reduction and for training or
monitoring associated with such hazardous fuels reduction activities
on Federal land or on non-Federal land if the Secretary determines
such activities implement a community wildfire protection plan
(or equivalent) and benefit resources on Federal land: Provided
further, That funds made available to implement the Community
Forest Restoration Act, Public Law 106–393, title VI, shall be
available for use on non-Federal lands in accordance with authorities made available to the Forest Service under the ‘‘State and
Private Forestry’’ appropriation: Provided further, That the Secretary of the Interior and the Secretary of Agriculture may authorize
the transfer of funds appropriated for wildland fire management,
in an aggregate amount not to exceed $50,000,000, between the
Departments when such transfers would facilitate and expedite
wildland fire management programs and projects: Provided further,
That of the funds provided for hazardous fuels reduction, not to
exceed $5,000,000 may be used to make grants, using any authorities available to the Forest Service under the ‘‘State and Private
Forestry’’ appropriation, for the purpose of creating incentives for
increased use of biomass from National Forest System lands: Provided further, That no amounts may be cancelled from amounts
that were designated by the Congress as an emergency requirement
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Determination.
PUBL074
125 STAT. 1024
Notification.
Assessments.
PUBLIC LAW 112–74—DEC. 23, 2011
pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That before obligating any of the funds
provided herein for wildland fire suppression, the Secretary of Agriculture shall obligate all unobligated balances previously made
available under this heading (including the unobligated balances
transferred to Forest Service accounts under this heading by division B of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110–329, 122 Stat.
3594)) that, when appropriated, were designated by Congress as
an emergency requirement pursuant to the Concurrent Resolution
on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985 and notify the Committees on Appropriations
of the House of Representatives and the Senate in writing of the
imminent need to begin obligating funds provided herein for
wildland fire suppression: Provided further, That funds designated
for wildfire suppression, including funds transferred from the
‘‘FLAME Wildfire Suppression Reserve Fund’’, shall be assessed
for cost pools on the same basis as such assessments are calculated
against other agency programs: Provided further, That of the funds
for hazardous fuels reduction, up to $21,000,000 may be transferred
to the ‘‘National Forest System’’ to support the Integrated Resource
Restoration pilot program.
FLAME WILDFIRE SUPPRESSION RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)
Declaration.
Deadline.
For necessary expenses for large fire suppression operations
of the Department of Agriculture and as a reserve fund for suppression and Federal emergency response activities, $315,886,000, to
remain available until expended: Provided, That such amounts
are available only for transfer to the ‘‘Wildland Fire Management’’
account and only following a declaration by the Secretary that
either (1) a wildland fire suppression event meets certain previously
established risk-based written criteria for significant complexity,
severity, or threat posed by the fire or (2) funds in the ‘‘Wildland
Fire Management’’ account will be exhausted within 30 days.
ADMINISTRATIVE PROVISIONS—FOREST SERVICE
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(INCLUDING TRANSFERS OF FUNDS)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and
hire of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft from excess sources to maintain the operable
fleet for use in Forest Service wildland fire programs and other
Forest Service programs; notwithstanding other provisions of law,
existing aircraft being replaced may be sold, with proceeds derived
or trade-in value used to offset the purchase price for the replacement aircraft; (2) services pursuant to 7 U.S.C. 2225, and not
to exceed $100,000 for employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings and other public
improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and
interests therein pursuant to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C.
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PUBL074
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1025
558a, 558d, and 558a note); (6) the cost of uniforms as authorized
by 5 U.S.C. 5901–5902; and (7) for debt collection contracts in
accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management appropriation
for forest firefighting, emergency rehabilitation of burned-over or
damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon the Secretary’s notification of the House and Senate Committees on Appropriations that
all fire suppression funds appropriated under the headings
‘‘Wildland Fire Management’’ and ‘‘FLAME Wildfire Suppression
Reserve Fund’’ will be obligated within 30 days: Provided, That
all funds used pursuant to this paragraph must be replenished
by a supplemental appropriation which must be requested as
promptly as possible.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities
outside the United States and its territories and possessions,
including technical assistance, education and training, and cooperation with U.S., private, and international organizations. The Forest
Service, acting for the International Program, may sign direct
funding agreements with foreign governments and institutions as
well as other domestic agencies (including the U.S. Agency for
International Development, the Department of State, and the
Millennium Challenge Corporation), U.S. private sector firms,
institutions and organizations to provide technical assistance and
training programs overseas on forestry and rangeland management.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year shall
be subject to transfer under the provisions of section 702(b) of
the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257),
section 442 of Public Law 106–224 (7 U.S.C. 7772), or section
10417(b) of Public Law 107–107 (7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the joint explanatory statement of the managers accompanying this Act.
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of the
Department of Agriculture and not more than $14,500,000 of funds
available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges. Nothing in this paragraph
shall prohibit or limit the use of reimbursable agreements requested
by the Forest Service in order to obtain services from the Department of Agriculture’s National Information Technology Center.
Nothing in this paragraph shall limit the Forest Service portion
of implementation costs to be paid to the Department of Agriculture
for the Financial Management Modernization Initiative.
Of the funds available to the Forest Service up to $5,000,000
shall be available for priority projects within the scope of the
approved budget, which shall be carried out by the Youth Conservation Corps and shall be carried out under the authority of the
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Notification.
Deadline.
16 USC 556i.
PUBL074
125 STAT. 1026
Time period.
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Assessments.
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PUBLIC LAW 112–74—DEC. 23, 2011
Public Lands Corps Act of 1993, Public Law 103–82, as amended
by Public Lands Corps Healthy Forests Restoration Act of 2005,
Public Law 109–154.
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101–
593, of the funds available to the Forest Service, up to $3,000,000
may be advanced in a lump sum to the National Forest Foundation
to aid conservation partnership projects in support of the Forest
Service mission, without regard to when the Foundation incurs
expenses, for projects on or benefitting National Forest System
lands or related to Forest Service programs: Provided, That of
the Federal funds made available to the Foundation, no more than
$300,000 shall be available for administrative expenses: Provided
further, That the Foundation shall obtain, by the end of the period
of Federal financial assistance, private contributions to match on
at least one-for-one basis funds made available by the Forest
Service: Provided further, That the Foundation may transfer Federal funds to a Federal or a non-Federal recipient for a project
at the same rate that the recipient has obtained the non-Federal
matching funds: Provided further, That authorized investments of
Federal funds held by the Foundation may be made only in interestbearing obligations of the United States or in obligations guaranteed
as to both principal and interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98–244, $3,000,000
of the funds available to the Forest Service may be advanced
to the National Fish and Wildlife Foundation in a lump sum to
aid cost-share conservation projects, without regard to when
expenses are incurred, on or benefitting National Forest System
lands or related to Forest Service programs: Provided, That such
funds shall be matched on at least a one-for-one basis by the
Foundation or its sub-recipients: Provided further, That the Foundation may transfer Federal funds to a Federal or non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable
rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge National
Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2)
of Public Law 99–663.
Any funds appropriated to the Forest Service may be used
to meet the non-Federal share requirement in section 502(c) of
the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed
$55,000,000, shall be assessed for the purpose of performing fire,
administrative and other facilities maintenance and decommissioning. Such assessments shall occur using a square foot rate
charged on the same basis the agency uses to assess programs
for payment of rent, utilities, and other support services.
Notwithstanding any other provision of law, any appropriations
or funds available to the Forest Service not to exceed $500,000
may be used to reimburse the Office of the General Counsel (OGC),
Department of Agriculture, for travel and related expenses incurred
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1027
as a result of OGC assistance or participation requested by the
Forest Service at meetings, training sessions, management reviews,
land purchase negotiations and similar nonlitigation-related matters. Future budget justifications for both the Forest Service and
the Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
An eligible individual who is employed in any project funded
under title V of the Older American Act of 1965 (42 U.S.C. 3056
et seq.) and administered by the Forest Service shall be considered
to be a Federal employee for purposes of chapter 171 of title 28,
United States Code.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
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INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August 5, 1954
(68 Stat. 674), the Indian Self-Determination Act, the Indian Health
Care Improvement Act, and titles II and III of the Public Health
Service Act with respect to the Indian Health Service,
$3,872,377,000, together with payments received during the fiscal
year pursuant to 42 U.S.C. 238(b) and 238b for services furnished
by the Indian Health Service: Provided, That funds made available
to tribes and tribal organizations through contracts, grant agreements, or any other agreements or compacts authorized by the
Indian Self-Determination and Education Assistance Act of 1975
(25 U.S.C. 450), shall be deemed to be obligated at the time of
the grant or contract award and thereafter shall remain available
to the tribe or tribal organization without fiscal year limitation:
Provided further, That $844,927,000 for contract medical care,
including $51,500,000 for the Indian Catastrophic Health Emergency Fund, shall remain available until expended: Provided further, That of the funding provided for information technology activities and, notwithstanding any other provision of law, $4,000,000
shall be allocated at the discretion of the Director of the Indian
Health Service: Provided further, That of the funds provided, up
to $36,000,000 shall remain available until expended for
implementation of the loan repayment program under section 108
of the Indian Health Care Improvement Act: Provided further,
That the amounts collected by the Federal Government as authorized by sections 104 and 108 of the Indian Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during the preceding fiscal
year for breach of contracts shall be deposited to the Fund authorized by section 108A of the Act (25 U.S.C. 1616a–1) and shall
remain available until expended and, notwithstanding section
108A(c) of the Act (25 U.S.C. 1616a–1(c)), funds shall be available
to make new awards under the loan repayment and scholarship
programs under sections 104 and 108 of the Act (25 U.S.C. 1613a
and 1616a): Provided further, That notwithstanding any other provision of law, the amounts made available within this account for
the methamphetamine and suicide prevention and treatment initiative and for the domestic violence prevention initiative shall be
allocated at the discretion of the Director of the Indian Health
Service and shall remain available until expended: Provided further,
That funds provided in this Act may be used for annual contracts
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Allocations.
PUBL074
125 STAT. 1028
Reports.
PUBLIC LAW 112–74—DEC. 23, 2011
and grants that fall within 2 fiscal years, provided the total obligation is recorded in the year the funds are appropriated: Provided
further, That the amounts collected by the Secretary of Health
and Human Services under the authority of title IV of the Indian
Health Care Improvement Act shall remain available until
expended for the purpose of achieving compliance with the
applicable conditions and requirements of titles XVIII and XIX
of the Social Security Act, except for those related to the planning,
design, or construction of new facilities: Provided further, That
funding contained herein for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall remain available until expended: Provided further, That amounts received by
tribes and tribal organizations under title IV of the Indian Health
Care Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations until
expended: Provided further, That, notwithstanding any other provision of law, of the amounts provided herein, not to exceed
$472,193,000 shall be for payments to tribes and tribal organizations for contract or grant support costs associated with contracts,
grants, self-governance compacts, or annual funding agreements
between the Indian Health Service and a tribe or tribal organization
pursuant to the Indian Self-Determination Act of 1975, as amended,
prior to or during fiscal year 2012, of which not to exceed
$10,000,000 may be used for contract support costs associated with
new or expanded self-determination contracts, grants, self-governance compacts, or annual funding agreements: Provided further,
That the Bureau of Indian Affairs may collect from the Indian
Health Service, tribes and tribal organizations operating health
facilities pursuant to Public Law 93–638, such individually identifiable health information relating to disabled children as may be
necessary for the purpose of carrying out its functions under the
Individuals with Disabilities Education Act (20 U.S.C. 1400, et
seq.): Provided further, That the Indian Health Care Improvement
Fund may be used, as needed, to carry out activities typically
funded under the Indian Health Facilities account.
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INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters
for personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings,
and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian SelfDetermination Act, and the Indian Health Care Improvement Act,
and for expenses necessary to carry out such Acts and titles II
and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health
Service, $441,052,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, funds appropriated for the planning, design, construction, renovation or expansion of health facilities for the benefit of an Indian tribe or tribes
may be used to purchase land on which such facilities will be
located: Provided further, That not to exceed $500,000 shall be
used by the Indian Health Service to purchase TRANSAM equipment from the Department of Defense for distribution to the Indian
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1029
Health Service and tribal facilities: Provided further, That none
of the funds appropriated to the Indian Health Service may be
used for sanitation facilities construction for new homes funded
with grants by the housing programs of the United States Department of Housing and Urban Development: Provided further, That
not to exceed $2,700,000 from this account and the ‘‘Indian Health
Services’’ account shall be used by the Indian Health Service to
obtain ambulances for the Indian Health Service and tribal facilities
in conjunction with an existing interagency agreement between
the Indian Health Service and the General Services Administration:
Provided further, That not to exceed $500,000 shall be placed in
a Demolition Fund, to remain available until expended, and be
used by the Indian Health Service for the demolition of Federal
buildings.
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ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109
at rates not to exceed the per diem rate equivalent to the maximum
rate payable for senior-level positions under 5 U.S.C. 5376; hire
of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities; payments
for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; uniforms or
allowances therefor as authorized by 5 U.S.C. 5901–5902; and for
expenses of attendance at meetings that relate to the functions
or activities of the Indian Health Service: Provided, That in accordance with the provisions of the Indian Health Care Improvement
Act, non-Indian patients may be extended health care at all tribally
administered or Indian Health Service facilities, subject to charges,
and the proceeds along with funds recovered under the Federal
Medical Care Recovery Act (42 U.S.C. 2651–2653) shall be credited
to the account of the facility providing the service and shall be
available without fiscal year limitation: Provided further, That notwithstanding any other law or regulation, funds transferred from
the Department of Housing and Urban Development to the Indian
Health Service shall be administered under Public Law 86–121,
the Indian Sanitation Facilities Act and Public Law 93–638, as
amended: Provided further, That funds appropriated to the Indian
Health Service in this Act, except those used for administrative
and program direction purposes, shall not be subject to limitations
directed at curtailing Federal travel and transportation: Provided
further, That none of the funds made available to the Indian Health
Service in this Act shall be used for any assessments or charges
by the Department of Health and Human Services unless identified
in the budget justification and provided in this Act, or approved
by the House and Senate Committees on Appropriations through
the reprogramming process: Provided further, That notwithstanding
any other provision of law, funds previously or herein made available to a tribe or tribal organization through a contract, grant,
or agreement authorized by title I or title V of the Indian SelfDetermination and Education Assistance Act of 1975 (25 U.S.C.
450), may be deobligated and reobligated to a self-determination
contract under title I, or a self-governance agreement under title
V of such Act and thereafter shall remain available to the tribe
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Assessments.
PUBL074
125 STAT. 1030
Regulations.
Budget request.
Notification.
PUBLIC LAW 112–74—DEC. 23, 2011
or tribal organization without fiscal year limitation: Provided further, That none of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule published in the Federal Register on September 16, 1987, by the
Department of Health and Human Services, relating to the eligibility for the health care services of the Indian Health Service
until the Indian Health Service has submitted a budget request
reflecting the increased costs associated with the proposed final
rule, and such request has been included in an appropriations
Act and enacted into law: Provided further, That with respect
to functions transferred by the Indian Health Service to tribes
or tribal organizations, the Indian Health Service is authorized
to provide goods and services to those entities on a reimbursable
basis, including payments in advance with subsequent adjustment,
and the reimbursements received therefrom, along with the funds
received from those entities pursuant to the Indian Self-Determination Act, may be credited to the same or subsequent appropriation
account from which the funds were originally derived, with such
amounts to remain available until expended: Provided further, That
reimbursements for training, technical assistance, or services provided by the Indian Health Service will contain total costs, including
direct, administrative, and overhead associated with the provision
of goods, services, or technical assistance: Provided further, That
the appropriation structure for the Indian Health Service may
not be altered without advance notification to the House and Senate
Committees on Appropriations.
NATIONAL INSTITUTES
OF
HEALTH
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section
311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and section 126(g)
of the Superfund Amendments and Reauthorization Act of 1986,
$79,054,000.
AGENCY
FOR
TOXIC SUBSTANCES
AND
DISEASE REGISTRY
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TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set forth
in sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as
amended; section 118(f) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA), as amended; and section 3019
of the Solid Waste Disposal Act, as amended, $76,337,000, of which
up to $1,000 per eligible employee of the Agency for Toxic Substances and Disease Registry shall remain available until expended
for Individual Learning Accounts: Provided, That notwithstanding
any other provision of law, in lieu of performing a health assessment
under section 104(i)(6) of CERCLA, the Administrator of ATSDR
may conduct other appropriate health studies, evaluations, or activities, including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited
healthcare providers: Provided further, That in performing any
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1031
such health assessment or health study, evaluation, or activity,
the Administrator of ATSDR shall not be bound by the deadlines
in section 104(i)(6)(A) of CERCLA: Provided further, That none
of the funds appropriated under this heading shall be available
for ATSDR to issue in excess of 40 toxicological profiles pursuant
to section 104(I) of CERCLA during fiscal year 2012, and existing
profiles may be updated as necessary.
OTHER RELATED AGENCIES
EXECUTIVE OFFICE
OF THE
PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
ENVIRONMENTAL QUALITY
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental
Quality pursuant to the National Environmental Policy Act of 1969,
the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official
reception and representation expenses, $3,153,000: Provided, That
notwithstanding section 202 of the National Environmental Policy
Act of 1970, the Council shall consist of one member, appointed
by the President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and duties
of the Council.
CHEMICAL SAFETY
AND
Appointment.
HAZARD INVESTIGATION BOARD
SALARIES AND EXPENSES
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, as amended, including hire
of passenger vehicles, uniforms or allowances therefor, as authorized
by 5 U.S.C. 5901–5902, and for services authorized by 5 U.S.C.
3109 but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under
5 U.S.C. 5376, $11,147,000: Provided, That the Chemical Safety
and Hazard Investigation Board (Board) shall have not more than
three career Senior Executive Service positions: Provided further,
That notwithstanding any other provision of law, the individual
appointed to the position of Inspector General of the Environmental
Protection Agency (EPA) shall, by virtue of such appointment, also
hold the position of Inspector General of the Board: Provided further, That notwithstanding any other provision of law, the Inspector
General of the Board shall utilize personnel of the Office of Inspector
General of EPA in performing the duties of the Inspector General
of the Board, and shall not appoint any individuals to positions
within the Board.
OFFICE
OF
NAVAJO
AND
Career positions.
5 USC app. 8G
note.
HOPI INDIAN RELOCATION
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SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93–531, $7,750,000, to
remain available until expended: Provided, That funds provided
in this or any other appropriations Act are to be used to relocate
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PUBL074
125 STAT. 1032
Relocation.
PUBLIC LAW 112–74—DEC. 23, 2011
eligible individuals and groups including evictees from District 6,
Hopi-partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in
the preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office
of Navajo and Hopi Indian Relocation to evict any single Navajo
or Navajo family who, as of November 30, 1985, was physically
domiciled on the lands partitioned to the Hopi Tribe unless a
new or replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office shall
relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected
a replacement residence off the Navajo reservation or on the land
acquired pursuant to 25 U.S.C. 640d–10.
INSTITUTE
OF
AMERICAN INDIAN AND ALASKA NATIVE CULTURE
ARTS DEVELOPMENT
AND
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title XV
of Public Law 99–498, as amended (20 U.S.C. 56 part A), $8,533,000.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
Contracts.
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of
information and publications; conduct of education, training, and
museum assistance programs; maintenance, alteration, operation,
lease agreements of no more than 30 years, and protection of
buildings, facilities, and approaches; not to exceed $100,000 for
services as authorized by 5 U.S.C. 3109; and purchase, rental,
repair, and cleaning of uniforms for employees, $636,530,000, to
remain available until September 30, 2013, except as otherwise
provided herein; of which not to exceed $20,137,000 for the
instrumentation program, collections acquisition, exhibition reinstallation, the National Museum of African American History
and Culture, and the repatriation of skeletal remains program
shall remain available until expended; and including such funds
as may be necessary to support American overseas research centers:
Provided, That funds appropriated herein are available for advance
payments to independent contractors performing research services
or participating in official Smithsonian presentations.
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FACILITIES CAPITAL
For necessary expenses of repair, revitalization, and alteration
of facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of
August 22, 1949 (63 Stat. 623), and for construction, including
necessary personnel, $175,000,000, to remain available until
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1033
expended, of which not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109, and of which $75,000,000 shall be to complete
design and begin construction of the National Museum of African
American History and Culture: Provided, That during fiscal year
2012 and any succeeding fiscal year, a single procurement for
construction of the National Museum of African American History
and Culture, as authorized under section 8 of the National Museum
of African American History and Culture Act (20 U.S.C. 80r–6),
may be issued that includes the full scope of the project: Provided
further, That the solicitation and contract shall contain the clause
‘‘availability of funds’’ found at 48 CFR 52.232.18.
NATIONAL GALLERY
OF
20 USC 80r–6
note.
Contracts.
ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery of Art,
the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March
24, 1937 (50 Stat. 51), as amended by the public resolution of
April 13, 1939 (Public Resolution 9, Seventy-sixth Congress),
including services as authorized by 5 U.S.C. 3109; payment in
advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose
publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair,
and cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C. 5901–
5902); purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds;
and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates
or prices and under such terms and conditions as the Gallery
may deem proper, $114,066,000, of which not to exceed $3,481,000
for the special exhibition program shall remain available until
expended.
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REPAIR, RESTORATION, AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and renovation
of buildings, grounds and facilities owned or occupied by the
National Gallery of Art, by contract or otherwise, for operating
lease agreements of no more than 10 years, with no extensions
or renewals beyond the 10 years, that address space needs created
by the ongoing renovations in the Master Facilities Plan, as authorized, $14,516,000, to remain available until expended: Provided,
That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the National
Gallery of Art may be negotiated with selected contractors and
awarded on the basis of contractor qualifications as well as price.
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PUBL074
125 STAT. 1034
PUBLIC LAW 112–74—DEC. 23, 2011
JOHN F. KENNEDY CENTER
FOR THE
PERFORMING ARTS
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$23,200,000.
CAPITAL REPAIR AND RESTORATION
For necessary expenses for capital repair and restoration of
the existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $13,650,000, to remain available
until expended.
WOODROW WILSON INTERNATIONAL CENTER
FOR
SCHOLARS
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including
hire of passenger vehicles and services as authorized by 5 U.S.C.
3109, $11,005,000, to remain available until September 30, 2013.
NATIONAL FOUNDATION
ON THE
ARTS
NATIONAL ENDOWMENT
AND THE
FOR THE
HUMANITIES
ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $146,255,000 shall
be available to the National Endowment for the Arts for the support
of projects and productions in the arts, including arts education
and public outreach activities, through assistance to organizations
and individuals pursuant to section 5 of the Act, for program
support, and for administering the functions of the Act, to remain
available until expended.
NATIONAL ENDOWMENT
FOR THE
HUMANITIES
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GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $146,255,000, to
remain available until expended, of which $135,500,000 shall be
available for support of activities in the humanities, pursuant to
section 7(c) of the Act and for administering the functions of the
Act; and $10,755,000 shall be available to carry out the matching
grants program pursuant to section 10(a)(2) of the Act including
$8,370,000 for the purposes of section 7(h): Provided, That appropriations for carrying out section 10(a)(2) shall be available for
obligation only in such amounts as may be equal to the total
amounts of gifts, bequests, and devises of money, and other property
accepted by the chairman or by grantees of the Endowment under
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the
current and preceding fiscal years for which equal amounts have
not previously been appropriated.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1035
ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18 U.S.C.
1913: Provided, That none of the funds appropriated to the National
Foundation on the Arts and the Humanities may be used for official
reception and representation expenses: Provided further, That funds
from nonappropriated sources may be used as necessary for official
reception and representation expenses: Provided further, That the
Chairperson of the National Endowment for the Arts may approve
grants of up to $10,000, if in the aggregate this amount does
not exceed 5 percent of the sums appropriated for grantmaking
purposes per year: Provided further, That such small grant actions
are taken pursuant to the terms of an expressed and direct delegation of authority from the National Council on the Arts to the
Chairperson.
COMMISSION
OF
FINE ARTS
SALARIES AND EXPENSES
For expenses of the Commission of Fine Arts under Chapter
91 of title 40, United States Code, $2,400,000: Provided, That the
Commission is authorized to charge fees to cover the full costs
of its publications, and such fees shall be credited to this account
as an offsetting collection, to remain available until expended without further appropriation: Provided further, That the Commission
is authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design
of the Nation’s Capital or the history and activities of the Commission of Fine Arts, for the purpose of artistic display, study or
education.
NATIONAL CAPITAL ARTS
AND
CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law 99–190
(20 U.S.C. 956a), as amended, $2,000,000.
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ADMINISTRATIVE PROVISION
The item relating to ‘‘National Capital Arts and Cultural
Affairs’’ in the Department of the Interior and Related Agencies
Appropriations Act, 1986, as enacted into law by section 101(d)
of Public Law 99–190 (99 Stat. 1261; 20 U.S.C. 956a) is amended—
(1) by deleting the last sentence in the second paragraph
and replacing it with the following: ‘‘Each eligible organization
must have its principal place of business in the District of
Columbia and in a facility or facilities located in the District
of Columbia.’’; and
(2) In the third paragraph, by deleting ‘‘in addition to
those herein named’’ at the end of the sentence.
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PUBL074
125 STAT. 1036
PUBLIC LAW 112–74—DEC. 23, 2011
ADVISORY COUNCIL
ON
HISTORIC PRESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89–665, as amended), $6,108,000.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109, $8,154,000: Provided, That one-quarter of 1 percent of the funds provided under
this heading may be used for official reception and representational
expenses associated with hosting international visitors engaged in
the planning and physical development of world capitals.
UNITED STATES HOLOCAUST MEMORIAL MUSEUM
HOLOCAUST MEMORIAL MUSEUM
For expenses of the Holocaust Memorial Museum, as authorized
by Public Law 106–292 (36 U.S.C. 2301–2310), $50,798,000, of
which $515,000 shall remain available until September 30, 2014,
for the Museum’s equipment replacement program; and of which
$1,900,000 for the Museum’s repair and rehabilitation program
and $1,264,000 for the Museum’s outreach initiatives program shall
remain available until expended.
PRESIDIO TRUST
PRESIDIO TRUST FUND
For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996, $12,000,000
shall be available to the Presidio Trust, to remain available until
expended.
DWIGHT D. EISENHOWER MEMORIAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses, including the costs of construction
design, of the Dwight D. Eisenhower Memorial Commission,
$2,000,000, to remain available until expended.
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CAPITAL CONSTRUCTION
Effective date.
Contracts.
40 USC 8903
note.
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For necessary expenses of the Dwight D. Eisenhower Memorial
Commission for design and construction of a memorial in honor
of Dwight D. Eisenhower, as authorized by Public Law 106–79,
$30,990,000, to remain available until expended: Provided, That
beginning in fiscal year 2012 and thereafter, any procurement for
the construction of the permanent memorial to Dwight D. Eisenhower, as authorized by section 8162 of the Department of Defense
Appropriations Act, 2000 (16 U.S.C. 431 note; Public Law 106–
79), as amended by section 8120 of the Department of Defense
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1037
Appropriations Act, 2002 (Public Law 107–117), may be issued
which includes the full scope of the project: Provided further, That
the solicitation and contract with respect to the procurement shall
contain the ‘‘availability of funds’’ clause described in section
52.232.18 of title 48, Code of Federal Regulations: Provided further,
That the funds appropriated herein shall be deemed to satisfy
the criteria for issuing a permit contained in 40 U.S.C. 8906(a)(4)
and (b).
TITLE IV
GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
LIMITATION ON CONSULTING SERVICES
SEC. 401. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant
to existing law.
Contracts.
RESTRICTION ON USE OF FUNDS
SEC. 402. No part of any appropriation contained in this Act
shall be available for any activity or the publication or distribution
of literature that in any way tends to promote public support
or opposition to any legislative proposal on which Congressional
action is not complete other than to communicate to Members
of Congress as described in 18 U.S.C. 1913.
Lobbying.
OBLIGATION OF APPROPRIATIONS
SEC. 403. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
PROHIBITION ON USE OF FUNDS FOR PERSONAL SERVICES
SEC. 404. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal
cook, chauffeur, or other personal servants to any officer or
employee of such department or agency except as otherwise provided
by law.
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DISCLOSURE OF ADMINISTRATIVE EXPENSES
SEC. 405. Estimated overhead charges, deductions, reserves
or holdbacks from programs, projects, activities and subactivities
to support government-wide, departmental, agency, or bureau
administrative functions or headquarters, regional, or central operations shall be presented in annual budget justifications and subject
to approval by the Committees on Appropriations of the House
of Representatives and the Senate. Changes to such estimates shall
be presented to the Committees on Appropriations for approval.
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Budget
estimates.
PUBL074
125 STAT. 1038
PUBLIC LAW 112–74—DEC. 23, 2011
GIANT SEQUOIA
SEC. 406. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant
sequoia (Sequoiadendron giganteum) which are located on National
Forest System or Bureau of Land Management lands in a manner
different than such sales were conducted in fiscal year 2011.
MINING APPLICATIONS
Patents and
trademarks.
Determination.
SEC. 407. (a) LIMITATION OF FUNDS.—None of the funds appropriated or otherwise made available pursuant to this Act shall
be obligated or expended to accept or process applications for a
patent for any mining or mill site claim located under the general
mining laws.
(b) EXCEPTIONS.—Subsection (a) shall not apply if the Secretary
of the Interior determines that, for the claim concerned (1) a patent
application was filed with the Secretary on or before September
30, 1994; and (2) all requirements established under sections 2325
and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein
or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section
2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims,
as the case may be, were fully complied with by the applicant
by that date.
(c) REPORT.—On September 30, 2013, the Secretary of the
Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House
and the Committee on Energy and Natural Resources of the Senate
a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior
and Related Agencies Appropriations Act, 1997 (Public Law 104–
208).
(d) MINERAL EXAMINATIONS.—In order to process patent
applications in a timely and responsible manner, upon the request
of a patent applicant, the Secretary of the Interior shall allow
the applicant to fund a qualified third-party contractor to be selected
by the Director of the Bureau of Land Management to conduct
a mineral examination of the mining claims or mill sites contained
in a patent application as set forth in subsection (b). The Bureau
of Land Management shall have the sole responsibility to choose
and pay the third-party contractor in accordance with the standard
procedures employed by the Bureau of Land Management in the
retention of third-party contractors.
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CONTRACT SUPPORT COSTS
SEC. 408. Notwithstanding any other provision of law, amounts
appropriated to or otherwise designated in committee reports for
the Bureau of Indian Affairs and the Indian Health Service by
Public Laws 103–138, 103–332, 104–134, 104–208, 105–83, 105–
277, 106–113, 106–291, 107–63, 108–7, 108–108, 108–447, 109–
54, 109–289, division B and Continuing Appropriations Resolution,
2007 (division B of Public Law 109–289, as amended by Public
Laws 110–5 and 110–28), Public Laws 110–92, 110–116, 110–137,
110–149, 110–161, 110–329, 111–6, 111–8, 111–88, and 112–10
for payments for contract support costs associated with self-determination or self-governance contracts, grants, compacts, or annual
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1039
funding agreements with the Bureau of Indian Affairs or the Indian
Health Service as funded by such Acts, are the total amounts
available for fiscal years 1994 through 2011 for such purposes,
except that the Bureau of Indian Affairs, tribes and tribal organizations may use their tribal priority allocations for unmet contract
support costs of ongoing contracts, grants, self-governance compacts,
or annual funding agreements.
FOREST MANAGEMENT PLANS
SEC. 409. The Secretary of Agriculture shall not be considered
to be in violation of subparagraph 6(f)(5)(A) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604(f)(5)(A)) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System.
Nothing in this section exempts the Secretary from any other
requirement of the Forest and Rangeland Renewable Resources
Planning Act (16 U.S.C. 1600 et seq.) or any other law: Provided,
That if the Secretary is not acting expeditiously and in good faith,
within the funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with respect
to such plan and a court of proper jurisdiction may order completion
of the plan on an accelerated basis.
16 USC 1604
note.
PROHIBITION WITHIN NATIONAL MONUMENTS
SEC. 410. No funds provided in this Act may be expended
to conduct preleasing, leasing and related activities under either
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the
boundaries of a National Monument established pursuant to the
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary
existed on January 20, 2001, except where such activities are
allowed under the Presidential proclamation establishing such
monument.
AMENDMENTS TO THE TEMPORARY EMERGENCY WILDFIRE
SUPPRESSION ACT
SEC. 411. The Temporary Emergency Wildfire Suppression Act
(42 U.S.C. 1856m et seq.) is amended—
(1) in the first section (42 U.S.C. 1856m note)—
(A) by striking ‘‘That this’’ and inserting the following:
‘‘SEC. 1. SHORT TITLE.
‘‘This’’; and
(B) by striking ‘‘Temporary’’;
(2) by striking section 2 (42 U.S.C. 1856m) and inserting
the following:
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‘‘SEC. 2. DEFINITIONS.
‘‘In this Act:
‘‘(1) ASSUME ANY AND ALL LIABILITY.—The term ‘assume
any and all liability’ means—
‘‘(A) the payment of—
‘‘(i) any judgment, settlement, fine, penalty, or cost
assessment (including prevailing party legal fees) associated with the applicable litigation; and
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125 STAT. 1040
PUBLIC LAW 112–74—DEC. 23, 2011
‘‘(ii) any cost incurred in handling the applicable
litigation (including legal fees); and
‘‘(B) with respect to a Federal firefighter, arranging
for, and paying the costs of, representation in the applicable
litigation.
‘‘(2) FEDERAL FIREFIGHTER.—The term ‘Federal firefighter’
means an individual furnished by the Secretary of Agriculture
or the Secretary of the Interior under an agreement entered
into under section 3.
‘‘(3) FOREIGN FIRE ORGANIZATION.—The term ‘foreign fire
organization’ means any foreign governmental, public, or private entity that has wildfire protection resources.
‘‘(4) FOREIGN FIREFIGHTER.—The term ‘foreign firefighter’
means an individual furnished by a foreign fire organization
under an agreement entered into under section 3.
‘‘(5) WILDFIRE.—The term ‘wildfire’ means any forest or
range fire.
‘‘(6) WILDFIRE PROTECTION RESOURCES.—The term ‘wildfire
protection resources’ means any personnel, supplies, equipment,
or other resources required for wildfire presuppression and
suppression activities.’’;
(3) in section 3 (42 U.S.C. 1856n)—
(A) in subsection (a)—
(i) by striking ‘‘(a)(1) The Secretary of Agriculture’’
and inserting the following:
‘‘(a) EXCHANGE OF WILDFIRE PROTECTION RESOURCES UNDER
A RECIPROCAL AGREEMENT WITH A FOREIGN FIRE ORGANIZATION.—
‘‘(1) AUTHORITY TO ENTER INTO A RECIPROCAL AGREEMENT.—
The Secretary of Agriculture’’; and
(ii) in paragraph (2), by striking ‘‘(2) Any agreement’’ and inserting the following:
‘‘(2) REQUIREMENTS FOR A RECIPROCAL AGREEMENT.—Any
agreement’’;
(B) in subsection (b)—
(i) by striking ‘‘(b) In the absence’’ and inserting
the following:
‘‘(b) EXCHANGE OF WILDFIRE PROTECTION RESOURCES WITHOUT
A RECIPROCAL AGREEMENT.—In the absence’’; and
(ii) in paragraph (1), by striking ‘‘United States,
and’’ and inserting ‘‘United States; and’’;
(C) in subsection (c), by striking ‘‘(c) Notwithstanding’’
and inserting the following:
‘‘(c) REIMBURSEMENT UNDER AGREEMENTS WITH CANADA.—Notwithstanding’’; and
(D) in subsection (d)—
(i) by striking, ‘‘(d) Any service’’ and inserting the
following:
‘‘(d) SERVICE PERFORMED UNDER THIS ACT BY FEDERAL
EMPLOYEES.—
‘‘(1) IN GENERAL.—Any service’’; and
(ii) in the second sentence, by striking ‘‘The’’ and
inserting the following:
‘‘(2) EFFECT.—Except as provided in section 4, the’’;
(4) by redesignating section 4 (42 U.S.C. 1856o) as section
5;
(5) by inserting after section 3 the following:
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1041
‘‘SEC. 4. RECIPROCAL AGREEMENTS WITH LIABILITY COVERAGE.
42 USC 1856n–1.
‘‘(a) PROTECTION FROM LIABILITY FOR FOREIGN FIREFIGHTERS
FOREIGN FIRE ORGANIZATIONS.—Subject to subsection (b), in
an agreement with a foreign fire organization entered into under
section 3, the Secretary of Agriculture and the Secretary of the
Interior may provide that—
‘‘(1) a foreign firefighter shall be considered to be an
employee of the United States for purposes of tort liability
while the foreign firefighter is acting within the scope of an
official duty under the agreement; and
‘‘(2) any claim against the foreign fire organization or any
legal organization associated with the foreign firefighter that
arises out of an act or omission of the foreign firefighter in
the performance of an official duty under the agreement, or
that arises out of any other act, omission, or occurrence for
which the foreign fire organization or legal organization associated with the foreign firefighter is legally responsible under
applicable law, may be prosecuted only—
‘‘(A) against the United States; and
‘‘(B) as if the act or omission were the act or omission
of an employee of the United States.
‘‘(b) PROTECTION FROM LIABILITY FOR FEDERAL FIREFIGHTERS
AND THE FEDERAL GOVERNMENT.—The Secretary of Agriculture and
the Secretary of the Interior may provide the protections under
subsection (a) if the foreign fire organization agrees—
‘‘(1) to assume any and all liability for any legal action
brought against the Federal firefighter for an act or omission
of the Federal firefighter while acting within the scope of an
official duty under the agreement; and
‘‘(2) to the extent the United States or any legal organization associated with the Federal firefighter is not entitled to
immunity from the jurisdiction of the courts having jurisdiction
over the foreign fire organization receiving the services of the
Federal firefighters, to assume any and all liability for any
legal action brought against the United States or the legal
organization arising out of—
‘‘(A) an act or omission of the Federal firefighter in
the performance of an official duty under the agreement;
or
‘‘(B) any other act, omission, or occurrence for which
the United States or the legal organization associated with
the Federal firefighter is legally responsible under the laws
applicable to the foreign fire organization.’’; and
(6) in section 5 (as redesignated by paragraph (4))—
(A) by striking ‘‘under section 3(c)’’ and inserting
‘‘under this Act’’; and
(B) in the proviso—
(i) by striking ‘‘wildfire protection resources or personnel’’ each place it appears and inserting ‘‘wildfire
protection resources (including personnel)’’;
(ii) by inserting ‘‘for wildfire suppression activities’’
before ‘‘unless’’; and
(iii) by striking ‘‘provide wildfire protection’’ and
inserting ‘‘provide wildfire suppression’’.
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AND
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125 STAT. 1042
PUBLIC LAW 112–74—DEC. 23, 2011
CONTRACTING AUTHORITIES
Urban and rural
areas.
Guidance.
SEC. 412. In awarding a Federal contract with funds made
available by this Act, notwithstanding Federal Government procurement and contracting laws, the Secretary of Agriculture and the
Secretary of the Interior (the ‘‘Secretaries’’) may, in evaluating
bids and proposals, through fiscal year 2013, give consideration
to local contractors who are from, and who provide employment
and training for, dislocated and displaced workers in an economically disadvantaged rural community, including those historically
timber-dependent areas that have been affected by reduced timber
harvesting on Federal lands and other forest-dependent rural
communities isolated from significant alternative employment
opportunities: Provided, That notwithstanding Federal Government
procurement and contracting laws the Secretaries may award contracts, grants or cooperative agreements to local non-profit entities,
Youth Conservation Corps or related partnerships with State, local
or non-profit youth groups, or small or micro-business or disadvantaged business: Provided further, That the contract, grant, or
cooperative agreement is for forest hazardous fuels reduction, watershed or water quality monitoring or restoration, wildlife or fish
population monitoring, road decommissioning, trail maintenance
or improvement, or habitat restoration or management: Provided
further, That the terms ‘‘rural community’’ and ‘‘economically disadvantaged’’ shall have the same meanings as in section 2374
of Public Law 101–624 (16 U.S.C. 6612): Provided further, That
the Secretaries shall develop guidance to implement this section:
Provided further, That nothing in this section shall be construed
as relieving the Secretaries of any duty under applicable procurement laws, except as provided in this section.
LIMITATION ON TAKINGS
SEC. 413. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in
lands may be expended for the filing of declarations of taking
or complaints in condemnation without the approval of the House
and Senate Committees on Appropriations: Provided, That this
provision shall not apply to funds appropriated to implement the
Everglades National Park Protection and Expansion Act of 1989,
or to funds appropriated for Federal assistance to the State of
Florida to acquire lands for Everglades restoration purposes.
TIMBER SALE REQUIREMENTS
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Alaska.
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SEC. 414. No timber sale in Alaska’s Region 10 shall be advertised if the indicated rate is deficit (defined as the value of the
timber is not sufficient to cover all logging and stumpage costs
and provide a normal profit and risk allowance under the Forest
Service’s appraisal process) when appraised using a residual value
appraisal. The western red cedar timber from those sales which
is surplus to the needs of the domestic processors in Alaska, shall
be made available to domestic processors in the contiguous 48
United States at prevailing domestic prices. All additional western
red cedar volume not sold to Alaska or contiguous 48 United States
domestic processors may be exported to foreign markets at the
election of the timber sale holder. All Alaska yellow cedar may
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1043
be sold at prevailing export prices at the election of the timber
sale holder.
EXTENSION OF GRAZING PERMITS
SEC. 415. The terms and conditions of section 325 of Public
Law 108–108 (117 Stat. 1307), regarding grazing permits at the
Department of the Interior and the Forest Service, shall remain
in effect for fiscal years 2012 and 2013. A grazing permit or lease
issued by the Secretary of the Interior for lands administered by
the Bureau of Land Management that is the subject of a request
for a grazing preference transfer shall be issued, without further
processing, for the remaining time period in the existing permit
or lease using the same mandatory terms and conditions. If the
authorized officer determines a change in the mandatory terms
and conditions is required, the new permit must be processed as
directed in section 325 of Public Law 108–108.
PROHIBITION ON NO-BID CONTRACTS
SEC. 416. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used
to enter into any Federal contract unless such contract is entered
into in accordance with the requirements of Chapter 33 of title
41, United States Code, or Chapter 137 of title 10, United States
Code, and the Federal Acquisition Regulation, unless—
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian tribes;
or
(2) such contract is authorized by the Indian Self-Determination and Education and Assistance Act (Public Law 93–
638, 25 U.S.C. 450 et seq., as amended) or by any other Federal
laws that specifically authorize a contract within an Indian
tribe as defined in section 4(e) of that Act (25 U.S.C. 450b(e));
or
(3) such contract was awarded prior to the date of enactment of this Act.
POSTING OF REPORTS
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SEC. 417. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by
the Congress in this or any other Act, upon the determination
by the head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the requesting
Committee or Committees of Congress for no less than 45 days.
Web posting.
NATIONAL ENDOWMENT FOR THE ARTS GRANT GUIDELINES
SEC. 418. Of the funds provided to the National Endowment
for the Arts—
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PUBLIC LAW 112–74—DEC. 23, 2011
(1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American
Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the season,
including identified programs and/or projects.
Procedures.
NATIONAL ENDOWMENT FOR THE ARTS PROGRAM PRIORITIES
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Definitions.
Reports.
Deadline.
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SEC. 419. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the
Chairperson of the National Endowment for the Arts shall ensure
that priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs that
serve underserved populations.
(b) In this section:
(1) The term ‘‘underserved population’’ means a population
of individuals, including urban minorities, who have historically
been outside the purview of arts and humanities programs
due to factors such as a high incidence of income below the
poverty line or to geographic isolation.
(2) The term ‘‘poverty line’’ means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to
a family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority
is given to providing services or awarding financial assistance for
projects, productions, workshops, or programs that will encourage
public knowledge, education, understanding, and appreciation of
the arts.
(d) With funds appropriated by this Act to carry out section
5 of the National Foundation on the Arts and Humanities Act
of 1965—
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1045
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
USE OF COMPETITIVE GRANT FUNDS
SEC. 420. Section 6(d) of Public Law 96–297 (16 U.S.C. 431
note), as added by section 101 of Public Law 108–126, is amended
by inserting ‘‘, except funds awarded through competitive grants,’’
after ‘‘No Federal funds’’.
FOREST SERVICE FACILITY REALIGNMENT AND ENHANCEMENT
SEC. 421. Section
and Enhancement Act
U.S.C. 580d note), as
111–8 (123 Stat. 748),
inserting ‘‘2016’’.
503(f) of the Forest Service Realignment
of 2005 (title V of Public Law 109–54; 16
amended by section 422(1) of Public Law
is further amended by striking ‘‘2011’’ and
SERVICE FIRST
SEC. 422. Section 330 of the Department of the Interior and
Related Agencies Appropriations Act, 2001 (Public Law 106–291;
114 Stat. 996; 43 U.S.C. 1701 note), concerning Service First
authorities, as amended by section 428 of Public Law 109–54 (119
Stat. 555–556) and section 418 of Public Law 111–8 (123 Stat.
747), is amended—
(1) by striking in the first sentence ‘‘In fiscal years 2001
through 2011’’, and inserting ‘‘In fiscal year 2012 and each
fiscal year thereafter’’; and
(2) by striking in the first sentence ‘‘pilot programs’’ and
inserting ‘‘programs.’’
FEDERAL, STATE, COOPERATIVE FOREST, RANGE-LAND AND
WATERSHED RESTORATION IN UTAH
SEC. 423. The authority provided by section 337 of the Department of the Interior and Related Agencies Appropriations Act,
2005 (Public Law 108–447; 118 Stat. 3012), as amended, shall
remain in effect until September 30, 2013.
Termination
date.
STATUS OF BALANCES OF APPROPRIATIONS
SEC. 424. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health
Service shall provide the Committees on Appropriations of the
House of Representatives and Senate quarterly reports on the status
of balances of appropriations including all uncommitted, committed,
and unobligated funds in each program and activity.
Deadline.
Reports.
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REPORT ON USE OF CLIMATE CHANGE FUNDS
SEC. 425. Not later than 120 days after the date on which
the President’s fiscal year 2013 budget request is submitted to
Congress, the President shall submit a comprehensive report to
the Committee on Appropriations of the House of Representatives
and the Committee on Appropriations of the Senate describing
in detail all Federal agency funding, domestic and international,
for climate change programs, projects and activities in fiscal year
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President.
PUBL074
125 STAT. 1046
PUBLIC LAW 112–74—DEC. 23, 2011
2011, including an accounting of funding by agency with each
agency identifying climate change programs, projects and activities
and associated costs by line item as presented in the President’s
Budget Appendix, and including citations and linkages where practicable to each strategic plan that is driving funding within each
climate change program, project and activity listed in the report.
PROHIBITION ON USE OF FUNDS
SEC. 426. Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may
be used to promulgate or implement any regulation requiring the
issuance of permits under title V of the Clean Air Act (42 U.S.C.
7661 et seq.) for carbon dioxide, nitrous oxide, water vapor, or
methane emissions resulting from biological processes associated
with livestock production.
GREENHOUSE GAS REPORTING RESTRICTIONS
SEC. 427. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision requires
mandatory reporting of greenhouse gas emissions from manure
management systems.
FOREST SERVICE PRE-DECISIONAL OBJECTION PROCESS
Regulations.
Applicability.
16 USC 6515
note.
Determination.
Notice.
SEC. 428. Hereafter, upon issuance of final regulations, the
Secretary of Agriculture, acting through the Chief of the Forest
Service, shall apply section 105(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515(a)), providing for a pre-decisional
objection process, to proposed actions of the Forest Service concerning projects and activities implementing land and resource
management plans developed under the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et
seq.), and documented with a Record of Decision or Decision Notice,
in lieu of subsections (c), (d), and (e) of section 322 of Public
Law 102–381 (16 U.S.C. 1612 note), providing for an administrative
appeal process: Provided, That if the Chief of the Forest Service
determines an emergency situation exists for which immediate
implementation of a proposed action is necessary, the proposed
action shall not be subject to the pre-decisional objection process,
and implementation shall begin immediately after the Forest
Service gives notice of the final decision for the proposed action:
Provided further, That this section shall not apply to an authorized
hazardous fuel reduction project under title I of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6501 et seq.).
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SILVICULTURAL ACTIVITIES
Effective date.
Termination
date.
Permits.
Water.
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SEC. 429. From the date of enactment of this Act until September 30, 2012, the Administrator of the Environmental Protection
Agency shall not require a permit under section 402 of the Federal
Water Pollution Control Act (33 U.S.C. 1342), nor shall the Administrator directly or indirectly require any State to require a permit,
for discharges of stormwater runoff from roads, the construction,
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1047
use, or maintenance of which are associated with silvicultural activities, or from other silvicultural activities involving nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting
operations, or surface drainage.
CLAIM MAINTENANCE FEE AMENDMENTS
SEC. 430. Section 10101 of the Omnibus Budget Reconciliation
Act of 1993 (30 U.S.C. 28f) is amended—
(1) in subsection (a)—
(A) by striking so much as precedes the second sentence
and inserting the following:
‘‘(a) CLAIM MAINTENANCE FEE.—
‘‘(1) LODE MINING CLAIMS, MILL SITES, AND TUNNEL SITES.—
The holder of each unpatented lode mining claim, mill site,
or tunnel site, located pursuant to the mining laws of the
United States on or after August 10, 1993, shall pay to the
Secretary of the Interior, on or before September 1 of each
year, to the extent provided in advance in appropriations Acts,
a claim maintenance fee of $100 per claim or site, respectively.’’;
and
(B) by adding at the end the following:
‘‘(2) PLACER MINING CLAIMS.—The holder of each
unpatented placer mining claim located pursuant to the mining
laws of the United States located before, on, or after August
10, 1993, shall pay to the Secretary of the Interior, on or
before September 1 of each year, the claim maintenance fee
described in subsection (a), for each 20 acres of the placer
claim or portion thereof.’’; and
(2) in subsection (b), by striking the first sentence and
inserting the following: ‘‘The claim main tenance fee under
subsection (a) shall be paid for the year in which the location
is made, at the time the location notice is recorded with the
Bureau of Land Management.’’.
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DOMESTIC LIVESTOCK GRAZING
SEC. 431. (a) PROHIBITION REGARDING POTENTIAL DOMESTIC
SHEEP AND BIGHORN SHEEP CONTACT ON NATIONAL FOREST SYSTEM
LAND.—Notwithstanding any other provision of law or regulation
(other than the Endangered Species Act of 1973 and regulations
issued under such Act), none of the funds made available by this
Act or made available by any other Act for fiscal year 2012 only
may be used to carry out—
(1) any new management restrictions on domestic sheep
on parcels of National Forest System land (as defined in the
Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a))) with potential domestic sheep and
bighorn sheep (whether native or nonnative) contact in excess
of the management restrictions that existed on July 1, 2011;
or
(2) any other agency regulation for managing bighorn sheep
populations on any allotment of such National Forest System
land if the management action will result in a reduction in
the number of domestic livestock permitted to graze on the
allotment or in the distribution of livestock on the allotment.
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125 STAT. 1048
Termination
date.
PUBLIC LAW 112–74—DEC. 23, 2011
(b) EXCEPTION.—Notwithstanding subsection (a), the Secretary
of Agriculture may make such management changes as the Secretary determines to be necessary to manage bighorn sheep if
the management changes—
(1) are consistent with the wildlife plans of the relevant
State fish and game agency and determined in consultation
with that agency; and
(2) are developed in consultation with the affected permittees.
(c) BUREAU OF LAND MANAGEMENT LANDS.—In circumstances
involving conflicts between bighorn sheep and domestic sheep
grazing on public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the
Bureau of Land Management may only modify or cancel domestic
sheep grazing permits after consulting with the appropriate State
fish and game agency. However, if the State in question has an
approved State Wildlife Management Plan that addresses, with
specificity, bighorn sheep management, then the Bureau of Land
Management modification or cancellation of permits in that State
shall conform to the bighorn sheep management objectives in the
State Wildlife Management Plan, unless conformance would be
inconsistent with Federal statute or regulation. The Bureau of
Land Management shall be bound by the requirements of this
subsection until September 30, 2012.
(d) VOLUNTARY CLOSURE OF ALLOTMENTS.—Nothing in this section shall be construed as limiting the voluntary closure of existing
domestic sheep allotments when the closure is agreed to in writing
between the permittee and the Secretary of the Interior or the
Secretary of Agriculture and is carried out for the purpose of
reducing conflicts between domestic sheep and bighorn sheep.
(e) WAIVER OF GRAZING PERMITS AND LEASES.—The Secretary
of the Interior and the Secretary of Agriculture may accept the
voluntary waiver of any valid existing lease or permit authorizing
grazing on National Forest System land described in subsection
(a) or public lands described in subsection (c). If the grazing permit
or lease for a grazing allotment is only partially within the area
of potential domestic sheep and bighorn sheep contact, the affected
permittee may elect to waive only the portion of the grazing permit
or lease that is within that area. The Secretary concerned shall—
(1) terminate each permit or lease waived or portion of
a permit or lease waived under this subsection;
(2) ensure a permanent end to domestic sheep grazing
on the land covered by the waived permit or lease or waived
portion of the permit or lease unless or until there is no conflict
with bighorn sheep management; and
(3) provide for the reimbursement of range improvements
in compliance with section 4 of the Act of June 28, 1934
(commonly known as the Taylor Grazing Act; 43 U.S.C. 315c).
AIR EMISSIONS FROM OUTER CONTINENTAL SHELF ACTIVITIES
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42 USC 7627
note.
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SEC. 432. (a) It is the purpose of this section to ensure that
the energy policy of the United States focuses on the expeditious
and orderly development of domestic energy resources in a manner
that protects human health and the environment.
(b) Section 328(a)(1) of the Clean Air Act (42 U.S.C. 7627(a)(1))
is amended—
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1049
(1) in the first sentence, by inserting ‘‘(other than Outer
Continental Shelf sources located offshore of the North Slope
Borough of the State of Alaska)’’ after ‘‘Outer Continental Shelf
sources located offshore of the States along the Pacific, Arctic
and Atlantic Coasts’’; and
(2) in the fourth sentence, by inserting ‘‘and this Act’’
after ‘‘regulations’’.
(c) Section 328(b) of the Clean Air Act (42 U.S.C. 7627(b))
is amended in the first sentence—
(1) by striking ‘‘Gulf Coast’’; and
(2) by inserting ‘‘or are adjacent to the North Slope Borough
of the State of Alaska’’ after ‘‘Alabama’’.
(d) The transfer of air quality permitting authority pursuant
to this section shall not invalidate or stay—
(1) any air quality permit pending or existing as of the
date of the enactment of this Act; or
(2) any proceeding related thereto.
(e)(1) The Comptroller General of the United States shall undertake a study on the process for air quality permitting in the Outer
Continental Shelf.
(2) The study shall consist of a comparison of air quality permitting for Outer Continental Shelf sources (as such term is defined
in section 328(a)(4) of the Clean Air Act (42 U.S.C. 7627(a)(4))
by the Department of the Interior with such permitting by the
Environmental Protection Agency, taking into account the time
elapsed between application and permit approval, the number of
applications, and the experiences and assessments of the applicants.
(3) In carrying out the study, the Comptroller General shall
consult with the Administrator of the Environmental Protection
Agency, the Secretary of the Interior, and applicants for air quality
permits.
(4) The Comptroller General shall complete the study and
submit a report on the results of the study to the Congress not
later than September 30, 2014.
42 USC 7627
note.
Study.
Consultation.
Reports.
Deadline.
FUNDING PROHIBITION
SEC. 433. None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to, any corporation that was convicted (or
had an officer or agent of such corporation acting on behalf of
the corporation convicted) of a felony criminal violation under any
Federal law within the preceding 24 months, where the awarding
agency is aware of the conviction, unless the agency has considered
suspension or debarment of the corporation, or such officer or agent
and made a determination that this further action is not necessary
to protect the interests of the Government.
Corporations.
Criminal
violations.
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LIMITATION WITH RESPECT TO DELINQUENT TAX DEBTS
SEC. 434. None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to, any corporation with respect to which
any unpaid Federal tax liability that has been assessed, for which
all judicial and administrative remedies have been exhausted or
have lapsed, and that is not being paid in a timely manner pursuant
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Corporations.
PUBL074
125 STAT. 1050
PUBLIC LAW 112–74—DEC. 23, 2011
to an agreement with the authority responsible for collecting the
tax liability, where the awarding agency is aware of the unpaid
tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further
action is not necessary to protect the interests of the Government.
ALASKA NATIVE REGIONAL HEALTH ENTITIES
Termination
date.
SEC. 435. (a) Notwithstanding any other provision of law and
until October 1, 2013, the Indian Health Service may not disburse
funds for the provision of health care services pursuant to Public
Law 93–638 (25 U.S.C. 450 et seq.) to any Alaska Native village
or Alaska Native village corporation that is located within the
area served by an Alaska Native regional health entity.
(b) Nothing in this section shall be construed to prohibit the
disbursal of funds to any Alaska Native village or Alaska Native
village corporation under any contract or compact entered into
prior to May 1, 2006, or to prohibit the renewal of any such
agreement.
(c) For the purpose of this section, Eastern Aleutian Tribes,
Inc., the Council of Athabascan Tribal Governments, and the Native
Village of Eyak shall be treated as Alaska Native regional health
entities to which funds may be disbursed under this section.
GENERAL REDUCTION
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Applicability.
VerDate Nov 24 2008
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SEC. 436. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby
rescinded an amount equal to 0.16 percent of the budget authority
provided for fiscal year 2012 for any discretionary appropriation
in titles I through IV of this Act.
(b) PROPORTIONATE APPLICATION.—Any rescission made by subsection (a) shall be applied proportionately—
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying reports
for the relevant fiscal year covering such account or item,
or for accounts and items not included in appropriation Acts,
as delineated in the most recently submitted President’s
budget).
(c) INDIAN LAND AND WATER CLAIM SETTLEMENTS.—Under the
heading ‘‘Bureau of Indian Affairs, Indian Land and Water Claim
Settlements and Miscellaneous Payments to Indians’’, the acrossthe-board rescission in this section, and any subsequent acrossthe-board rescission for fiscal year 2012, shall apply only to the
first dollar amount in the paragraph and the distribution of the
rescission shall be at the discretion of the Secretary of the Interior
who shall submit a report on such distribution and the rationale
therefore to the House and Senate Committees on Appropriations.
(d) OMB REPORT.—Within 30 days after the date of the enactment of this section the Director of the Office of Management
and Budget shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a report specifying
the account and amount of each rescission made pursuant to this
section.
This division may be cited as the ‘‘Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2012’’.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1051
DIVISION F—DEPARTMENTS OF LABOR, HEALTH AND
HUMAN SERVICES, EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012
TITLE I
DEPARTMENT OF LABOR
EMPLOYMENT
AND
TRAINING ADMINISTRATION
Departments of
Labor, Health
and Human
Services, and
Education, and
Related Agencies
Appropriations
Act, 2012.
Department of
Labor
Appropriations
Act, 2012.
TRAINING AND EMPLOYMENT SERVICES
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(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Workforce Investment Act of
1998 (referred to in this Act as ‘‘WIA’’), the Second Chance Act
of 2007, and the Women in Apprenticeship and Non-Traditional
Occupations Act of 1992 (‘‘WANTO’’), including the purchase and
hire of passenger motor vehicles, the construction, alteration, and
repair of buildings and other facilities, and the purchase of real
property for training centers as authorized by the WIA,
$3,195,383,000, plus reimbursements, shall be available. Of the
amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,605,268,000 as follows:
(A) $770,922,000 for adult employment and training
activities, of which $58,922,000 shall be available for the
period July 1, 2012, through June 30, 2013, and of which
$712,000,000 shall be available for the period October 1,
2012 through June 30, 2013;
(B) $825,914,000 for youth activities, which shall be
available for the period April 1, 2012 through June 30,
2013; and
(C) $1,008,432,000 for dislocated worker employment
and training activities, of which $148,432,000 shall be
available for the period July 1, 2012 through June 30,
2013, and of which $860,000,000 shall be available for
the period October 1, 2012 through June 30, 2013:
Provided, That notwithstanding the transfer limitation under
section 133(b)(4) of the WIA, up to 30 percent of such funds
may be transferred by a local board if approved by the Governor: Provided further, That a local board may award a contract to an institution of higher education or other eligible
training provider if the local board determines that it would
facilitate the training of multiple individuals in high-demand
occupations, if such contract does not limit customer choice:
Provided further, That notwithstanding section 128(a)(1) of the
WIA, the amount available to the Governor for statewide
workforce investment activities shall not exceed 5 percent of
the amount allotted to the State from each of the appropriations
under the preceding subparagraphs;
(2) for federally administered programs, $487,053,000 as
follows:
(A) $224,112,000 for the dislocated workers assistance
national reserve, of which $24,112,000 shall be available
for the period July 1, 2012 through June 30, 2013, and
of which $200,000,000 shall be available for the period
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125 STAT. 1052
PUBLIC LAW 112–74—DEC. 23, 2011
October 1, 2012 through June 30, 2013: Provided, That
funds provided to carry out section 132(a)(2)(A) of the WIA
may be used to provide assistance to a State for statewide
or local use in order to address cases where there have
been worker dislocations across multiple sectors or across
multiple local areas and such workers remain dislocated;
coordinate the State workforce development plan with
emerging economic development needs; and train such
eligible dislocated workers: Provided further, That funds
provided to carry out section 171(d) of the WIA may be
used for demonstration projects that provide assistance
to new entrants in the workforce and incumbent workers:
Provided further, That none of the funds shall be obligated
to carry out section 173(e) of the WIA;
(B) $47,652,000 for Native American programs, which
shall be available for the period July 1, 2012 through
June 30, 2013;
(C) $84,451,000 for migrant and seasonal farmworker
programs under section 167 of the WIA, including
$78,253,000 for formula grants (of which not less than
70 percent shall be for employment and training services),
$5,689,000 for migrant and seasonal housing (of which
not less than 70 percent shall be for permanent housing),
and $509,000 for other discretionary purposes, which shall
be available for the period July 1, 2012 through June
30, 2013: Provided, That notwithstanding any other provision of law or related regulation, the Department of Labor
shall take no action limiting the number or proportion
of eligible participants receiving related assistance services
or discouraging grantees from providing such services;
(D) $998,000 for carrying out the WANTO, which shall
be available for the period July 1, 2012 through June
30, 2013; and
(E) $79,840,000 for YouthBuild activities as described
in section 173A of the WIA, which shall be available for
the period April 1, 2012 through June 30, 2013; and
(F) $50,000,000 to be available to the Secretary of
Labor (referred to in this title as ‘‘Secretary’’) for the
Workforce Innovation Fund to carry out projects that demonstrate innovative strategies or replicate effective evidence-based strategies that align and strengthen the
workforce investment system in order to improve program
delivery and education and employment outcomes for beneficiaries, which shall be for the period July 1, 2012 through
September 30, 2013: Provided, That amounts shall be available for awards to States or State agencies that are eligible
for assistance under any program authorized under the
WIA, consortia of States, or partnerships, including
regional partnerships: Provided further, That not more than
5 percent of the funds available for workforce innovation
activities shall be for technical assistance and evaluations
related to the projects carried out with these funds;
(3) for national activities, $103,062,000, as follows:
(A) $6,616,000, in addition to any amounts available
under paragraph (2), for Pilots, Demonstrations, and
Research, which shall be available for the period April
1, 2012 through June 30, 2013: Provided, That funds made
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1053
available by Public Law 112–10 that were designated for
grants to address the employment and training needs of
young parents may be used for other pilots, demonstrations,
and research activities and for implementation activities
related to the VOW to Hire Heroes Act of 2011 and may
be transferred to ‘‘State Unemployment Insurance and
Employment Service Operations’’ to carry out such
implementation activities;
(B) $80,390,000 for ex-offender activities, under the
authority of section 171 of the WIA and section 212 of
the Second Chance Act of 2007, which shall be available
for the period April 1, 2012 through June 30, 2013, notwithstanding the requirements of section 171(b)(2)(B) or
171(c)(4)(D) of the WIA: Provided, That of this amount,
$20,000,000 shall be for competitive grants to national
and regional intermediaries for activities that prepare
young ex-offenders and school dropouts for employment,
with a priority for projects serving high-crime, high-poverty
areas;
(C) $9,581,000 for Evaluation, which shall be available
for the period July 1, 2012 through June 30, 2013; and
(D) $6,475,000 for the Workforce Data Quality Initiative, under the authority of section 171(c)(2) of the WIA,
which shall be available for the period July 1, 2012 through
June 30, 2013, and which shall not be subject to the
requirements of section 171(c)(4)(D).
Grants.
OFFICE OF JOBS CORPS
To carry out subtitle C of title I of the WIA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training centers as authorized by the WIA, $1,706,171,000, plus reimbursements, as follows:
(1) $1,572,049,000 for Job Corps Operations, which shall
be available for the period July 1, 2012 through June 30,
2013;
(2) $104,990,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for
the period July 1, 2012 through June 30, 2015: Provided, That
the Secretary may transfer up to 15 percent of such funds
to meet the operational needs of such centers or to achieve
administrative efficiencies: Provided further, That any funds
transferred pursuant to the preceding proviso shall not be
available for obligation after June 30, 2013; and
(3) $29,132,000 for necessary expenses of the Office of
Job Corps, which shall be available for obligation for the period
October 1, 2011 through September 30, 2012:
Provided further, That no funds from any other appropriation shall
be used to provide meal services at or for Job Corps centers.
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COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out title V of the Older Americans Act of 1965 (referred
to in this Act as ‘‘OAA’’), $449,100,000, which shall be available
for the period July 1, 2012 through June 30, 2013, and may be
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125 STAT. 1054
PUBLIC LAW 112–74—DEC. 23, 2011
recaptured and reobligated in accordance with section 517(c) of
the OAA.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during fiscal year 2012 of trade adjustment benefit payments and allowances under part I of subchapter B of
chapter 2 of title II of the Trade Act of 1974, and section 246
of that Act; and for training, employment and case management
services, allowances for job search and relocation, and related State
administrative expenses under part II of subchapter B of chapter
2 of title II of the Trade Act of 1974, including benefit payments,
allowances, training, employment and case management services,
and related State administration provided pursuant to section
231(a) of the Trade Adjustment Assistance Extension Act of 2011,
$1,100,100,000, together with such amounts as may be necessary
to be charged to the subsequent appropriation for payments for
any period subsequent to September 15, 2012.
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STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE
OPERATIONS
For authorized administrative expenses, $86,231,000, together
with not to exceed $3,958,441,000 which may be expended from
the Employment Security Administration Account in the Unemployment Trust Fund (‘‘the Trust Fund’’), of which:
(1) $3,181,154,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $10,000,000 to conduct in-person
reemployment and eligibility assessments and unemployment
insurance improper payment reviews), the administration of
unemployment insurance for Federal employees and for exservice members as authorized under 5 U.S.C. 8501–8523, and
the administration of trade readjustment allowances, reemployment trade adjustment assistance, and alternative trade adjustment assistance under the Trade Act of 1974 and under section
231(a) of the Trade Adjustment Assistance Extension Act of
2011, and shall be available for obligation by the States through
December 31, 2012, except that funds used for automation
acquisitions or competitive grants awarded to States for
improved operations, or reemployment and eligibility assessments and improper payments shall be available for obligation
by the States through September 30, 2014, and funds used
for unemployment insurance workloads experienced by the
States through September 30, 2012 shall be available for Federal obligation through December 31, 2012;
(2) $11,287,000 from the Trust Fund is for national activities necessary to support the administration of the FederalState unemployment insurance system;
(3) $679,531,000 from the Trust Fund, together with
$22,638,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the WagnerPeyser Act, and shall be available for Federal obligation for
the period July 1, 2012 through June 30, 2013;
(4) $20,952,000 from the Trust Fund is for national activities of the Employment Service, including administration of
the work opportunity tax credit under section 51 of the Internal
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1055
Revenue Code of 1986, and the provision of technical assistance
and staff training under the Wagner-Peyser Act, including not
to exceed $1,228,000 that may be used for amortization payments to States which had independent retirement plans in
their State employment service agencies prior to 1980;
(5) $65,517,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under
the Immigration and Nationality Act and related laws, of which
$50,418,000 shall be available for the Federal administration
of such activities, and $15,099,000 shall be available for grants
to States for the administration of such activities; and
(6) $63,593,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and section 171
(e)(2)(C) of the WIA and shall be available for Federal obligation
for the period July 1, 2012 through June 30, 2013:
Provided, That to the extent that the Average Weekly Insured
Unemployment (‘‘AWIU’’) for fiscal year 2012 is projected by the
Department of Labor to exceed 4,832,000, an additional $28,600,000
from the Trust Fund shall be available for obligation for every
100,000 increase in the AWIU level (including a pro rata amount
for any increment less than 100,000) to carry out title III of the
Social Security Act: Provided further, That funds appropriated in
this Act that are allotted to a State to carry out activities under
title III of the Social Security Act may be used by such State
to assist other States in carrying out activities under such title
III if the other States include areas that have suffered a major
disaster declared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act: Provided further,
That the Secretary may use funds appropriated for grants to States
under title III of the Social Security Act to make payments on
behalf of States for the use of the National Directory of New
Hires under section 453(j)(8) of such Act: Provided further, That
funds appropriated in this Act which are used to establish a national
one-stop career center system, or which are used to support the
national activities of the Federal-State unemployment insurance
or immigration programs, may be obligated in contracts, grants,
or agreements with non-State entities: Provided further, That funds
appropriated under this Act for activities authorized under title
III of the Social Security Act and the Wagner-Peyser Act may
be used by States to fund integrated Unemployment Insurance
and Employment Service automation efforts, notwithstanding cost
allocation principles prescribed under the Office of Management
and Budget Circular A–87: Provided further, That the Secretary,
at the request of a State participating in a consortium with other
States, may reallot funds allotted to such State under title III
of the Social Security Act to other States participating in the
consortium in order to carry out activities that benefit the administration of the unemployment compensation law of the State making
the request.
In addition, $50,000,000 from the Employment Security
Administration Account of the Unemployment Trust Fund shall
be available to conduct in-person reemployment and eligibility
assessments and unemployment insurance improper payment
reviews.
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125 STAT. 1056
PUBLIC LAW 112–74—DEC. 23, 2011
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security Act,
and to the Black Lung Disability Trust Fund as authorized by
section 9501(c)(1) of the Internal Revenue Code of 1986; and for
nonrepayable advances to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to the ‘‘Federal Unemployment Benefits
and Allowances’’ account, such sums as may be necessary, which
shall be available for obligation through September 30, 2013.
PROGRAM ADMINISTRATION
For expenses of administering employment and training programs, $97,320,000, together with not to exceed $50,040,000 which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund.
EMPLOYEE BENEFITS SECURITY ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employee Benefits Security
Administration, $183,500,000.
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND
Notification.
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Notification.
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The Pension Benefit Guaranty Corporation (‘‘Corporation’’) is
authorized to make such expenditures, including financial assistance authorized by subtitle E of title IV of the Employee Retirement
Income Security Act of 1974, within limits of funds and borrowing
authority available to the Corporation, and in accord with law,
and to make such contracts and commitments without regard to
fiscal year limitations, as provided by 31 U.S.C. 9104, as may
be necessary in carrying out the program, including associated
administrative expenses, through September 30, 2012, for the Corporation: Provided, That none of the funds available to the Corporation for fiscal year 2012 shall be available for obligations for
administrative expenses in excess of $476,901,000: Provided further,
That to the extent that the number of new plan participants in
plans terminated by the Corporation exceeds 100,000 in fiscal year
2012, an amount not to exceed an additional $9,200,000 shall be
available through September 30, 2013, for obligation for administrative expenses for every 20,000 additional terminated participants:
Provided further, That an additional $50,000 shall be made available through September 30, 2013, for obligation for investment
management fees for every $25,000,000 in assets received by the
Corporation as a result of new plan terminations or asset growth,
after approval by the Office of Management and Budget and
notification of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That obligations
in excess of the amounts provided in this paragraph may be incurred
for unforeseen and extraordinary pretermination expenses or
extraordinary multiemployer program related expenses after
approval by the Office of Management and Budget and notification
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1057
of the Committees on Appropriations of the House of Representatives and the Senate.
WAGE
AND
HOUR DIVISION
SALARIES AND EXPENSES
For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies and
their employees for inspection services rendered, $227,491,000.
OFFICE
OF
LABOR MANAGEMENT STANDARDS
SALARIES AND EXPENSES
For necessary expenses for the Office of Labor Management
Standards, $41,367,000.
OFFICE
OF
FEDERAL CONTRACT COMPLIANCE PROGRAMS
SALARIES AND EXPENSES
For necessary expenses for the Office of Federal Contract
Compliance Programs, $105,386,000.
OFFICE
OF
WORKERS’ COMPENSATION PROGRAMS
SALARIES AND EXPENSES
For necessary expenses for the Office of Workers’ Compensation
Programs, $115,939,000, together with $2,124,000 which may be
expended from the Special Fund in accordance with sections 39(c),
44(d), and 44(j) of the Longshore and Harbor Worker’s Compensation Act.
SPECIAL BENEFITS
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(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or
any prior fiscal year authorized by 5 U.S.C. 81; continuation of
benefits as provided for under the heading ‘‘Civilian War Benefits’’
in the Federal Security Agency Appropriation Act, 1947; the
Employees’ Compensation Commission Appropriation Act, 1944; sections 4(c) and 5(f) of the War Claims Act of 1948; and 50 percent
of the additional compensation and benefits required by section
10(h) of the Longshore and Harbor Workers’ Compensation Act,
$350,000,000, together with such amounts as may be necessary
to be charged to the subsequent year appropriation for the payment
of compensation and other benefits for any period subsequent to
August 15 of the current year: Provided, That amounts appropriated
may be used under 5 U.S.C. 8104 by the Secretary to reimburse
an employer, who is not the employer at the time of injury, for
portions of the salary of a re-employed, disabled beneficiary: Provided further, That balances of reimbursements unobligated on
September 30, 2011, shall remain available until expended for
the payment of compensation, benefits, and expenses: Provided
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PUBL074
125 STAT. 1058
Determination.
PUBLIC LAW 112–74—DEC. 23, 2011
further, That in addition there shall be transferred to this appropriation from the Postal Service and from any other corporation or
instrumentality required under 5 U.S.C. 8147(c) to pay an amount
for its fair share of the cost of administration, such sums as the
Secretary determines to be the cost of administration for employees
of such fair share entities through September 30, 2012: Provided
further, That of those funds transferred to this account from the
fair share entities to pay the cost of administration of the Federal
Employees’ Compensation Act, $59,488,000 shall be made available
to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing
systems
and
telecommunications
systems,
$17,253,000;
(2) For automated workload processing operations,
including document imaging, centralized mail intake, and medical bill processing, $26,769,000;
(3) For periodic roll management and medical review,
$15,466,000; and
(4) The remaining funds shall be paid into the Treasury
as miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C.
81, or the Longshore and Harbor Workers’ Compensation Act, provide as part of such notice and claim, such identifying information
(including Social Security account number) as such regulations
may prescribe.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety and Health
Act of 1977, as amended by Public Law 107–275, $141,227,000,
to remain available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter
of fiscal year 2013, $40,000,000, to remain available until expended.
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION FUND
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $52,147,000, to
remain available until expended: Provided, That the Secretary may
require that any person filing a claim for benefits under the Act
provide as part of such claim such identifying information (including
Social Security account number) as may be prescribed.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
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26 USC 95001
note.
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Such sums as may be necessary from the Black Lung Disability
Trust Fund (‘‘Fund’’), to remain available until expended, for payment of all benefits authorized by section 9501(d)(1), (2), (6), and
(7) of the Internal Revenue Code of 1986; and repayment of, and
payment of interest on advances, as authorized by section 9501(d)(4)
of that Act. In addition, the following amounts may be expended
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1059
from the Fund for fiscal year 2012 for expenses of operation and
administration of the Black Lung Benefits program, as authorized
by section 9501(d)(5): not to exceed $32,906,000 for transfer to
the Office of Workers’ Compensation Programs, ‘‘Salaries and
Expenses’’; not to exceed $25,217,000 for transfer to Departmental
Management, ‘‘Salaries and Expenses’’; not to exceed $327,000 for
transfer to Departmental Management, ‘‘Office of Inspector General’’; and not to exceed $356,000 for payments into miscellaneous
receipts for the expenses of the Department of the Treasury.
OCCUPATIONAL SAFETY
AND
HEALTH ADMINISTRATION
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SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety and Health
Administration, $565,857,000, including not to exceed $104,393,000
which shall be the maximum amount available for grants to States
under section 23(g) of the Occupational Safety and Health Act
(‘‘Act’’), which grants shall be no less than 50 percent of the costs
of State occupational safety and health programs required to be
incurred under plans approved by the Secretary under section 18
of the Act; and, in addition, notwithstanding 31 U.S.C. 3302, the
Occupational Safety and Health Administration may retain up to
$200,000 per fiscal year of training institute course tuition fees,
otherwise authorized by law to be collected, and may utilize such
sums for occupational safety and health training and education:
Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is
authorized, during the fiscal year ending September 30, 2012, to
collect and retain fees for services provided to Nationally Recognized
Testing Laboratories, and may utilize such sums, in accordance
with the provisions of 29 U.S.C. 9a, to administer national and
international laboratory recognition programs that ensure the safety
of equipment and products used by workers in the workplace:
Provided further, That none of the funds appropriated under this
paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person who is engaged in a
farming operation which does not maintain a temporary labor camp
and employs 10 or fewer employees: Provided further, That no
funds appropriated under this paragraph shall be obligated or
expended to administer or enforce any standard, rule, regulation,
or order under the Act with respect to any employer of 10 or
fewer employees who is included within a category having a Days
Away, Restricted, or Transferred (DART) occupational injury and
illness rate, at the most precise industrial classification code for
which such data are published, less than the national average
rate as such rates are most recently published by the Secretary,
acting through the Bureau of Labor Statistics, in accordance with
section 24 of the Act, except—
(1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement
period and for any willful violations found;
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Fees.
Farms and
farming.
Small businesses.
PUBL074
125 STAT. 1060
Farms and
farming.
PUBLIC LAW 112–74—DEC. 23, 2011
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for exercising
rights under the Act:
Provided further, That the foregoing proviso shall not apply to
any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That $10,729,000 shall be available
for Susan Harwood training grants.
MINE SAFETY
AND
HEALTH ADMINISTRATION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
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For necessary expenses for the Mine Safety and Health
Administration, $374,000,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and firstaid work, and the hire of passenger motor vehicles, including up
to $2,000,000 for mine rescue and recovery activities; in addition,
not to exceed $750,000 may be collected by the National Mine
Health and Safety Academy for room, board, tuition, and the sale
of training materials, otherwise authorized by law to be collected,
to be available for mine safety and health education and training
activities, notwithstanding 31 U.S.C. 3302; and, in addition, the
Mine Safety and Health Administration may retain up to $1,499,000
from fees collected for the approval and certification of equipment,
materials, and explosives for use in mines, and may utilize such
sums for such activities; and, in addition, the Secretary may transfer
from amounts provided under this heading up to $3,000,000 to
‘‘Departmental Management’’ for activities related to the Office
of the Solicitor’s caseload before the Federal Mine Safety and Health
Review Commission; the Secretary is authorized to accept lands,
buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other
agencies, Federal, State, or private; the Mine Safety and Health
Administration is authorized to promote health and safety education
and training in the mining community through cooperative programs with States, industry, and safety associations; the Secretary
is authorized to recognize the Joseph A. Holmes Safety Association
as a principal safety association and, notwithstanding any other
provision of law, may provide funds and, with or without reimbursement, personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in the
national organization; and any funds available to the Department
of Labor may be used, with the approval of the Secretary, to
provide for the costs of mine rescue and survival operations in
the event of a major disaster.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
BUREAU
OF
125 STAT. 1061
LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $542,921,000,
together with not to exceed $67,303,000 which may be expended
from the Employment Security Administration Account in the
Unemployment Trust Fund, of which $1,500,000 may be used to
fund the mass layoff statistics program under section 15 of the
Wagner-Peyser Act.
OFFICE
OF
DISABILITY EMPLOYMENT POLICY
SALARIES AND EXPENSES
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and
award grants furthering the objective of eliminating barriers to
the training and employment of people with disabilities,
$38,953,000.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
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For necessary expenses for Departmental Management,
including the hire of three passenger motor vehicles, $346,683,000,
together with not to exceed $326,000, which may be expended
from the Employment Security Administration Account in the
Unemployment Trust Fund: Provided, That $66,500,000 for the
Bureau of International Labor Affairs shall be available for obligation through December 31, 2012: Provided further, That funds available to the Bureau of International Labor Affairs may be used
to administer or operate international labor activities, bilateral
and multilateral technical assistance, and microfinance programs,
by or through contracts, grants, subgrants and other arrangements:
Provided further, That $40,000,000 shall be for programs to combat
exploitative child labor internationally: Provided further, That not
less than $6,500,000 shall be used to implement model programs
that address worker rights issues through technical assistance in
countries with which the United States has free trade agreements
or trade preference programs: Provided further, That $8,500,000
shall be used for program evaluation and shall be available for
obligation through September 30, 2013: Provided further, That
funds available for program evaluation may be transferred to any
other appropriate account in the Department for such purpose:
Provided further, That the funds available to the Women’s Bureau
may be used for grants to serve and promote the interests of
women in the workforce.
VETERANS EMPLOYMENT AND TRAINING
Not to exceed $212,060,000 may be derived from the Employment Security Administration Account in the Unemployment Trust
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PUBL074
125 STAT. 1062
PUBLIC LAW 112–74—DEC. 23, 2011
Fund to carry out the provisions of 38 U.S.C. 4100–4113, 4211–
4215, and 4321–4327, and Public Law 103–353, and which shall
be available for obligation by the States through December 31,
2012, of which $2,444,000 is for the National Veterans’ Employment
and Training Services Institute.
In addition, to carry out Department of Labor programs under
section 5(a)(1) of the Homeless Veterans Comprehensive Assistance
Act of 2001 and the Veterans Workforce Investment Programs
under section 168 of the WIA, $52,879,000, of which $14,622,000
shall be available for obligation for the period July 1, 2012 through
June 30, 2013.
IT MODERNIZATION
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $19,852,000.
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $77,937,000, together with not to exceed $5,909,000 which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated by this Act for the
Job Corps shall be used to pay the salary and bonuses of an
individual, either as direct costs or any proration as an indirect
cost, at a rate in excess of Executive Level II.
(TRANSFER OF FUNDS)
Notification.
Deadline.
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Child labor.
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SEC. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for the Department of Labor in this Act may be transferred between
a program, project, or activity, but no such program, project, or
activity shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall be available only to meet emergency needs and shall
not be used to create any new program or to fund any project
or activity for which no funds are provided in this Act: Provided
further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer.
SEC. 103. In accordance with Executive Order No. 13126, none
of the funds appropriated or otherwise made available pursuant
to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or services
rendered, in whole or in part, by forced or indentured child labor
in industries and host countries already identified by the United
States Department of Labor prior to enactment of this Act.
SEC. 104. None of the funds made available to the Department
of Labor for grants under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 may be used
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1063
for any purpose other than competitive grants for training in the
occupations and industries for which employers are using H–1B
visas to hire foreign workers, and the related activities necessary
to support such training.
SEC. 105. None of the funds made available by this Act under
the heading ‘‘Employment and Training Administration’’ shall be
used by a recipient or subrecipient of such funds to pay the salary
and bonuses of an individual, either as direct costs or indirect
costs, at a rate in excess of Executive Level II. This limitation
shall not apply to vendors providing goods and services as defined
in Office of Management and Budget Circular A–133. Where States
are recipients of such funds, States may establish a lower limit
for salaries and bonuses of those receiving salaries and bonuses
from subrecipients of such funds, taking into account factors
including the relative cost-of-living in the State, the compensation
levels for comparable State or local government employees, and
the size of the organizations that administer Federal programs
involved including Employment and Training Administration programs. Notwithstanding this section, the limitation on salaries for
the Job Corps shall continue to be governed by section 101.
SEC. 106. The Secretary shall take no action to amend, through
regulatory or administration action, the definition established in
section 667.220 of title 20 of the Code of Federal Regulations
for functions and activities under title I of WIA, or to modify,
through regulatory or administrative action, the procedure for
redesignation of local areas as specified in subtitle B of title I
of that Act (including applying the standards specified in section
116(a)(3)(B) of that Act, but notwithstanding the time limits specified in section 116(a)(3)(B) of that Act), until such time as legislation
reauthorizing the Act is enacted. Nothing in the preceding sentence
shall permit or require the Secretary to withdraw approval for
such redesignation from a State that received the approval not
later than October 12, 2005, or to revise action taken or modify
the redesignation procedure being used by the Secretary in order
to complete such redesignation for a State that initiated the process
of such redesignation by submitting any request for such redesignation not later than October 26, 2005.
(INCLUDING TRANSFER OF FUNDS)
SEC. 107. Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act or by Public Law 112–10, either directly
or through a set-aside, for technical assistance services to grantees
to ‘‘Program Administration’’ when it is determined that those services will be more efficiently performed by Federal employees.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 108. (a) The Secretary may reserve not more than 0.5
percent from each appropriation made available in this Act identified in subsection (b) in order to carry out evaluations of any
of the programs or activities that are funded under such accounts.
Any funds reserved under this section shall be transferred to
‘‘Departmental Management’’ for use by the Office of the Chief
Evaluation Officer within the Department of Labor, and shall be
available for obligation through September 30, 2013: Provided, That
such funds shall only be available if the Chief Evaluation Officer
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Plan.
Deadline.
PUBL074
125 STAT. 1064
Reports.
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Deadline.
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PUBLIC LAW 112–74—DEC. 23, 2011
of the Department of Labor submits a plan to the Committees
on Appropriations of the House of Representatives and the Senate
describing the evaluations to be carried out 15 days in advance
of any transfer.
(b) The accounts referred to in subsection (a) are: ‘‘Office of
Job Corps’’, ‘‘State Unemployment Insurance and Employment
Service Operations’’, ‘‘Employee Benefits Security Administration’’,
‘‘Office of Workers’ Compensation Programs’’, ‘‘Wage and Hour Division’’, ‘‘Office of Federal Contract Compliance Programs’’, ‘‘Office
of Labor Management Standards’’, ‘‘Occupational Safety and Health
Administration’’, ‘‘Mine Safety and Health Administration’’, and
‘‘Veterans Employment and Training’’.
SEC. 109. None of the funds made available by this Act may
be used to promulgate the Definition of ‘‘Fiduciary’’ regulation
(Regulatory Identification Number 1210–AB32) published by the
Employee Benefits Security Administration of the Department of
Labor on October 22, 2010 (75 Fed. Reg. 65263).
SEC. 110. None of the amounts made available under this
Act may be used to implement the rule entitled ‘‘Wage Methodology
for the Temporary Non-Agricultural Employment H–2B Program’’
(76 Fed. Reg. 3452 (January 19, 2011)).
SEC. 111. None of the funds made available by this Act may
be used to continue the development of or to promulgate, administer,
enforce, or otherwise implement the Occupational Injury and Illness
Recording and Reporting Requirements—Musculoskeletal Disorders
(MSD) Column regulation (Regulatory Identification Number 1218–
AC45) being developed by the Occupational Safety and Health
Administration of the Department of Labor.
SEC. 112. None of the funds made available by this Act may
be used to implement or enforce the proposed rule entitled ‘‘Lowering Miners’ Exposure to Coal Mine Dust, Including Continuous
Personal Dust Monitors’’ regulation published by the Mine Safety
and Health Administration (MSHA) of the Department of Labor
on October 19, 2010 (75 Fed. Reg. 64412, RIN 1219–AB64) until—
(1) the Government Accountability Office—
(A) issues, at a minimum, an interim report which—
(i) evaluates the completeness of MSHA’s data
collection and sampling, to include an analysis of
whether such data supports current trends of the
incidence of lung disease arising from occupational
exposure to respirable coal mine dust across working
underground coal miners; and
(ii) assesses the sufficiency of MSHA’s analytical
methodology; and
(B) not later than 240 days after enactment of this
Act, submits the report described in subparagraph (A) to
the Committees on Appropriations of the House of Representatives and the Senate; or
(2) the deadline described in paragraph (1)(B) for submission of the report has passed.
SEC. 113. None of the funds made available by this Act may
be used by the Secretary to administer or enforce 29 CFR
779.372(c)(4).
This title may be cited as the ‘‘Department of Labor Appropriations Act, 2012’’.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1065
TITLE II
Department of
Health and
Human Services
Appropriation
Act, 2012.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
HEALTH RESOURCES
AND
SERVICES ADMINISTRATION
PRIMARY HEALTH CARE
For carrying out titles II and III of the Public Health Service
Act (referred to in this Act as the ‘‘PHS Act’’) with respect to
primary health care and the Native Hawaiian Health Care Act
of 1988, $1,598,957,000, of which $129,000 shall be available until
expended for facilities renovations at the Gillis W. Long Hansen’s
Disease Center: Provided, That no more than $40,000 shall be
available until expended for carrying out the provisions of section
224(o) of the PHS Act, including associated administrative expenses
and relevant evaluations: Provided further, That no more than
$95,073,000 shall be available until expended for carrying out the
provisions of Public Law 104–73 and for expenses incurred by
the Department of Health and Human Services (referred to in
this Act as ‘‘HHS’’) pertaining to administrative claims made under
such law.
HEALTH WORKFORCE
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For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, section 1128E of the Social Security
Act, and the Health Care Quality Improvement Act of 1986,
$734,402,000: Provided, That sections 747(c)(2), 751(j)(2), and the
proportional funding amounts in paragraphs (1) through (4) of
section 756(e) of the PHS Act shall not apply to funds made available under this heading: Provided further, That for any program
operating under section 751 of the PHS Act on or before January
1, 2009, the Secretary of Health and Human Services (referred
to in this title as ‘‘Secretary’’) may waive any of the requirements
contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for
the full project period of a grant under such section: Provided
further, That no funds shall be available for section 340G–1 of
the PHS Act: Provided further, That in addition to fees authorized
by section 427(b) of the Health Care Quality Improvement Act
of 1986, fees shall be collected for the full disclosure of information
under such Act sufficient to recover the full costs of operating
the National Practitioner Data Bank and shall remain available
until expended to carry out that Act: Provided further, That fees
collected for the full disclosure of information under the ‘‘Health
Care Fraud and Abuse Data Collection Program’’, authorized by
section 1128E(d)(2) of the Social Security Act, shall be sufficient
to recover the full costs of operating the program, and shall remain
available until expended to carry out that Act: Provided further,
That funds transferred to this account to carry out section 846
and subpart 3 of part D of title III of the PHS Act may be used
to make prior year adjustments to awards made under such sections.
Waiver authority.
Fees.
MATERNAL AND CHILD HEALTH
For carrying out titles III, XI, XII, and XIX of the PHS Act
with respect to maternal and child health, title V of the Social
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125 STAT. 1066
PUBLIC LAW 112–74—DEC. 23, 2011
Security Act, and section 712 of the American Jobs Creation Act
of 2004, $863,607,000: Provided, That notwithstanding sections
502(a)(1) and 502(b)(1) of the Social Security Act, not more than
$79,586,000 shall be available for carrying out special projects
of regional and national significance pursuant to section 501(a)(2)
of such Act and $10,400,000 shall be available for projects described
in paragraphs (A) through (F) of section 501(a)(3) of such Act.
RYAN WHITE HIV/AIDS PROGRAM
For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,326,665,000, of which
$1,995,670,000 shall remain available to the Secretary of Health
and Human Services through September 30, 2014, for parts A
and B of title XXVI of the PHS Act, and of which not less than
$900,000,000 shall be for State AIDS Drug Assistance Programs
under the authority of section 2616 or 311(c) of such Act: Provided,
That in addition to amounts provided herein, $25,000,000 shall
be available from amounts available under section 241 of the PHS
Act to carry out parts A, B, C, and D of title XXVI of the PHS
Act to fund Special Projects of National Significance under section
2691.
HEALTH CARE SYSTEMS
For carrying out titles III and XII of the PHS Act with respect
to health care systems, and the Stem Cell Therapeutic and Research
Act of 2005, $83,526,000.
RURAL HEALTH
For carrying out titles III and IV of the PHS Act with respect
to rural health, section 427(a) of the Federal Coal Mine Health
and Safety Act, the Cardiac Arrest Survival Act of 2000, and sections 711 and 1820 of the Social Security Act, $139,832,000, of
which $41,118,000 from general revenues, notwithstanding section
1820(j) of the Social Security Act, shall be available for carrying
out the Medicare rural hospital flexibility grants program: Provided,
That of the funds made available under this heading for Medicare
rural hospital flexibility grants, $15,000,000 shall be available for
the Small Rural Hospital Improvement Grant Program for quality
improvement and adoption of health information technology and
$1,000,000 shall be to carry out section 1820(g)(6) of the Social
Security Act, with funds provided for grants under section 1820(g)(6)
available for the purchase and implementation of telehealth services, including pilots and demonstrations on the use of electronic
health records to coordinate rural veterans care between rural
providers and the Department of Veterans Affairs electronic health
record system: Provided further, That notwithstanding section
338J(k) of the PHS Act, $10,055,000 shall be available for State
Offices of Rural Health.
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FAMILY PLANNING
Abortion.
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For carrying out the program under title X of the PHS Act
to provide for voluntary family planning projects, $297,400,000:
Provided, That amounts provided to said projects under such title
shall not be expended for abortions, that all pregnancy counseling
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1067
shall be nondirective, and that such amounts shall not be expended
for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office.
PROGRAM MANAGEMENT
For program support in the Health Resources and Services
Administration, $161,815,000: Provided, That funds made available
under this heading may be used to supplement program support
funding provided under the headings ‘‘Primary Health Care’’,
‘‘Health Workforce’’, ‘‘Maternal and Child Health’’, ‘‘Ryan White
HIV/AIDS Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’.
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ACCOUNT
Such sums as may be necessary to carry out the purpose
of the program, as authorized by title VII of the PHS Act. For
administrative expenses to carry out the guaranteed loan program,
including section 709 of the PHS Act, $2,841,000.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
For payments from the Vaccine Injury Compensation Program
Trust Fund (‘‘Trust Fund’’), such sums as may be necessary for
claims associated with vaccine-related injury or death with respect
to vaccines administered after September 30, 1988, pursuant to
subtitle 2 of title XXI of the PHS Act, to remain available until
expended: Provided, That for necessary administrative expenses,
not to exceed $6,489,000 shall be available from the Trust Fund
to the Secretary.
CENTERS
FOR
DISEASE CONTROL
AND
PREVENTION
IMMUNIZATION AND RESPIRATORY DISEASES
For carrying out titles II, III, VII, XVII, and XXI, and section
2821 of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education Assistance Act, with respect to immunization and respiratory diseases,
$579,375,000: Provided, That in addition to amounts provided
herein, $12,864,000 shall be available from amounts available under
section 241 of the PHS Act to carry out the National Immunization
Surveys.
HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES, AND
TUBERCULOSIS PREVENTION
For carrying out titles II, III, VII, XVII, XXIII, and XXVI
of the PHS Act with respect to HIV/AIDS, viral hepatitis, sexually
transmitted diseases, and tuberculosis prevention, $1,105,995,000.
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EMERGING AND ZOONOTIC INFECTIOUS DISEASES
For carrying out titles II, III, VII, and XVII, and section 2821
of the PHS Act, titles II and IV of the Immigration and Nationality
Act, and section 501 of the Refugee Education Assistance Act,
with respect to emerging and zoonotic infectious diseases,
$253,919,000.
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PUBL074
125 STAT. 1068
PUBLIC LAW 112–74—DEC. 23, 2011
CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION
For carrying out titles II, III, VII, XI, XV, XVII, and XIX
of the PHS Act with respect to chronic disease prevention and
health promotion, $760,700,000: Provided, That funds appropriated
under this account may be available for making grants under section
1509 of the PHS Act for not less than 21 States, tribes, or tribal
organizations.
BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, DISABILITIES AND
HEALTH
For carrying out titles II, III, VII, XI, and XVII of the PHS
Act with respect to birth defects, developmental disabilities, disabilities and health, $138,072,000.
PUBLIC HEALTH SCIENTIFIC SERVICES
For carrying out titles II and III of the PHS Act with respect
to health statistics, surveillance, informatics, and workforce development, $144,795,000: Provided, That in addition to amounts provided
herein, $247,769,000 shall be available from amounts available
under section 241 of the PHS Act to carry out Public Health
Scientific Services.
ENVIRONMENTAL HEALTH
For carrying out titles II, III, VII, and XVII of the PHS Act
with respect to environmental health, $105,598,000.
INJURY PREVENTION AND CONTROL
For carrying out titles II, III, VII, and XVII of the PHS Act
with respect to injury prevention and control, $138,480,000.
NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH
For carrying out titles II, III, VII, and XVII of the PHS Act,
sections 101, 102, 103, 201, 202, 203, 301, 501, and 514 of the
Federal Mine Safety and Health Act, section 13 of the Mine
Improvement and New Emergency Response Act, and sections 20,
21, and 22 of the Occupational Safety and Health Act, with respect
to occupational safety and health, $182,903,000: Provided, That
in addition to amounts provided herein, $110,724,000 shall be available from amounts available under section 241 of the PHS Act.
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EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to
remain available until expended, of which $4,500,000 shall be for
use by or in support of the Advisory Board on Radiation and
Worker Health (‘‘Board’’) to carry out its statutory responsibilities,
including obtaining audits, technical assistance, and other support
from the Board’s audit contractor with regard to radiation dose
estimation and reconstruction efforts, site profiles, procedures, and
review of Special Exposure Cohort petitions and evaluation reports:
Provided, That this amount shall be available consistent with the
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1069
provision regarding administrative expenses in section 151(b) of
division B, title I of Public Law 106–554.
GLOBAL HEALTH
For carrying out titles II, III, VII and XVII of the PHS Act
with respect to global health, $349,547,000, of which $118,023,000
for international HIV/AIDS shall remain available through September 30, 2013: Provided, That funds may be used for purchase
and insurance of official motor vehicles in foreign countries.
PUBLIC HEALTH PREPAREDNESS AND RESPONSE
For carrying out titles II, III, VII, and XVII of the PHS Act
with respect to public health preparedness and response, and for
expenses necessary to support activities related to countering potential biological, nuclear, radiological, and chemical threats to civilian
populations, $1,306,906,000, of which $509,486,000 shall remain
available until expended for the Strategic National Stockpile under
section 319F–2 of the PHS Act.
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CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT
For carrying out titles II, III, VII, XVII and XIX, and section
2821 of the PHS Act and for cross-cutting activities and program
support that supplement activities funded under the headings
‘‘Immunization and Respiratory Diseases’’, ‘‘HIV/AIDS, Viral Hepatitis, Sexually Transmitted Diseases, and Tuberculosis Prevention’’,
‘‘Emerging and Zoonotic Infectious Diseases’’, ‘‘Chronic Disease
Prevention and Health Promotion’’, ‘‘Birth Defects, Developmental
Disabilities, Disabilities and Health’’, ‘‘Environmental Health’’,
‘‘Injury Prevention and Control’’, ‘‘National Institute for Occupational Safety and Health’’, ‘‘Employees Occupational Illness Compensation Program Act’’, ‘‘Global Health’’, ‘‘Public Health Preparedness and Response’’, and ‘‘Public Health Scientific Services’’,
$621,445,000, of which $30,000,000 shall be available until September 30, 2013, for business services, of which $25,000,000 shall
be available until September 30, 2016, for equipment, construction
and renovation of facilities, and of which $80,000,000 shall be
for the Preventive Health and Health Services Block Grant Program: Provided, That paragraphs (1) through (3) of subsection (b)
of section 2821 of the PHS Act shall not apply to funds appropriated
under this heading and in all other accounts of the Centers for
Disease Control and Prevention (referred to in this title as ‘‘CDC’’):
Provided further, That funds appropriated under this heading and
in all other accounts of CDC may be used to support the purchase,
hire, maintenance, and operation of aircraft for use and support
of the activities of CDC: Provided further, That employees of CDC
or the Public Health Service, both civilian and commissioned officers, detailed to States, municipalities, or other organizations under
authority of section 214 of the PHS Act, or in overseas assignments,
shall be treated as non-Federal employees for reporting purposes
only and shall not be included within any personnel ceiling
applicable to the Agency, Service, or HHS during the period of
detail or assignment: Provided further, That CDC may use up
to $10,000 from amounts appropriated to CDC in this Act for
official reception and representation expenses when specifically
approved by the Director of CDC: Provided further, That in addition,
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125 STAT. 1070
PUBLIC LAW 112–74—DEC. 23, 2011
such sums as may be derived from authorized user fees, which
shall be credited to the appropriation charged with the cost thereof:
Provided further, That with respect to the previous proviso, authorized user fees from the Vessel Sanitation Program shall be available
through September 30, 2013: Provided further, That of the funds
made available under this heading, up to $1,000 per eligible
employee of CDC shall be made available until expended for Individual Learning Accounts: Provided further, That CDC may establish a Working Capital Fund, with the authorities equivalent to
those provided in 42 U.S.C. 231, to improve the provision of supplies
and service.
NATIONAL INSTITUTES
OF
HEALTH
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the PHS Act
with respect to cancer, $5,081,788,000, of which up to $8,000,000
may be used for facilities repairs and improvements at the National
Cancer Institute—Frederick Federally Funded Research and
Development Center in Frederick, Maryland.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the PHS Act
with respect to cardiovascular, lung, and blood diseases, and blood
and blood products, $3,084,851,000.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH
For carrying out section 301 and title IV of the PHS Act
with respect to dental disease, $411,488,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY
DISEASES
For carrying out section 301 and title IV of the PHS Act
with respect to diabetes and digestive and kidney disease,
$1,800,447,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE
For carrying out section 301 and title IV of the PHS Act
with respect to neurological disorders and stroke, $1,629,445,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
For carrying out section 301 and title IV of the PHS Act
with respect to allergy and infectious diseases, $4,499,215,000.
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NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the PHS Act
with respect to general medical sciences, $2,434,637,000: Provided,
That not less than $276,480,000 is provided for the Institutional
Development Awards program.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1071
EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH
AND HUMAN DEVELOPMENT
For carrying out section 301 and title IV of the PHS Act
with respect to child health and human development,
$1,323,900,000.
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the PHS Act
with respect to eye diseases and visual disorders, $704,043,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For carrying out section 301 and title IV of the PHS Act
with respect to environmental health sciences, $686,869,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the PHS Act
with respect to aging, $1,105,530,000.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN
DISEASES
For carrying out section 301 and title IV of the PHS Act
with respect to arthritis and musculoskeletal and skin diseases,
$536,801,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION
DISORDERS
For carrying out section 301 and title IV of the PHS Act
with respect to deafness and other communication disorders,
$417,061,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the PHS Act
with respect to nursing research, $145,043,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM
For carrying out section 301 and title IV of the PHS Act
with respect to alcohol abuse and alcoholism, $460,389,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the PHS Act
with respect to drug abuse, $1,055,362,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
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For carrying out section 301 and title IV of the PHS Act
with respect to mental health, $1,483,068,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the PHS Act
with respect to human genome research, $513,844,000.
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125 STAT. 1072
PUBLIC LAW 112–74—DEC. 23, 2011
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING
For carrying out section 301 and title IV of the PHS Act
with respect to biomedical imaging and bioengineering research,
$338,998,000.
NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE
MEDICINE
For carrying out section 301 and title IV of the PHS Act
with respect to complementary and alternative medicine,
$128,299,000.
NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES
For carrying out section 301 and title IV of the PHS Act
with respect to minority health and health disparities research,
$276,963,000.
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of
the PHS Act), $69,754,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the PHS Act
with respect to health information communications, $338,278,000,
of which $4,000,000 shall be available until September 30, 2013,
for improvement of information systems: Provided, That in fiscal
year 2012, the National Library of Medicine may enter into personal
services contracts for the provision of services in facilities owned,
operated, or constructed under the jurisdiction of the National
Institutes of Health (referred to in this title as ‘‘NIH’’): Provided
further, That in addition to amounts provided herein, $8,200,000
shall be available from amounts available under section 241 of
the PHS Act to carry out the purposes of the National Information
Center on Health Services Research and Health Care Technology
established under section 478A of the PHS Act and related health
services.
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NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES
For carrying out section 301 and title IV of the PHS Act
with respect to translational sciences, $576,456,000: Provided, That
up to $10,000,000 shall be available to implement section 402C
of the PHS Act, relating to the Cures Acceleration Network: Provided further, That funds appropriated may be used to support
the reorganization and activities required to eliminate the National
Center for Research Resources: Provided further, That the Director
of the NIH shall ensure that, of all funds made available to
Institute, Center, and Office of the Director accounts within
‘‘Department of Health and Human Services, National Institutes
of Health’’, at least $487,767,000 is provided to the Clinical and
Translational Sciences Awards program.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1073
OFFICE OF THE DIRECTOR
For carrying out the responsibilities of the Office of the Director,
NIH, $1,461,880,000, of which up to $25,000,000 shall be used
to carry out section 213 of this Act: Provided, That funding shall
be available for the purchase of not to exceed 29 passenger motor
vehicles for replacement only: Provided further, That NIH is authorized to collect third-party payments for the cost of clinical services
that are incurred in NIH research facilities and that such payments
shall be credited to the NIH Management Fund: Provided further,
That all funds credited to the NIH Management Fund shall remain
available for one fiscal year after the fiscal year in which they
are deposited: Provided further, That $193,880,000 shall be available for continuation of the National Children’s Study: Provided
further, That $545,962,000 shall be available for the Common Fund
established under section 402A(c)(1) of the PHS Act: Provided further, That of the funds provided $10,000 shall be for official reception and representation expenses when specifically approved by
the Director of the NIH: Provided further, That the Office of AIDS
Research within the Office of the Director of the NIH may spend
up to $8,000,000 to make grants for construction or renovation
of facilities as provided for in section 2354(a)(5)(B) of the PHS
Act.
BUILDINGS AND FACILITIES
For the study of, construction of, renovation of, and acquisition
of equipment for, facilities of or used by NIH, including the acquisition of real property, $125,581,000, to remain available until September 30, 2016.
SUBSTANCE ABUSE
AND
MENTAL HEALTH SERVICES ADMINISTRATION
MENTAL HEALTH
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For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, and the Protection and Advocacy for
Individuals with Mental Illness Act, $934,853,000: Provided, That
notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated for carrying out section 520A shall be available for carrying
out section 1971 of the PHS Act: Provided further, That in addition
to amounts provided herein, $21,039,000 shall be available under
section 241 of the PHS Act to carry out subpart I of part B
of title XIX of the PHS Act to fund section 1920(b) technical assistance, national data, data collection and evaluation activities, and
further that the total available under this Act for section 1920(b)
activities shall not exceed 5 percent of the amounts appropriated
for subpart I of part B of title XIX: Provided further, That section
520E(b)(2) of the PHS Act shall not apply to funds appropriated
under this Act for fiscal year 2012: Provided further, That of the
amount appropriated under this heading, $45,800,000 shall be for
the National Child Traumatic Stress Initiative as described in section 582 of the PHS Act.
SUBSTANCE ABUSE TREATMENT
For carrying out titles III, V, and XIX of the PHS Act with
respect to substance abuse treatment and section 1922(a) of the
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PUBL074
125 STAT. 1074
PUBLIC LAW 112–74—DEC. 23, 2011
PHS Act with respect to substance abuse prevention,
$2,123,993,000: Provided, That in addition to amounts provided
herein, the following amounts shall be available under section 241
of the PHS Act: (1) $79,200,000 to carry out subpart II of part
B of title XIX of the PHS Act to fund section 1935(b) technical
assistance, national data, data collection and evaluation activities,
and further that the total available under this Act for section
1935(b) activities shall not exceed 5 percent of the amounts appropriated for subpart II of part B of title XIX; and (2) $2,000,000
to evaluate substance abuse treatment programs: Provided further,
That no funds shall be available for the National All Schedules
Prescription Reporting system.
SUBSTANCE ABUSE PREVENTION
For carrying out titles III and V of the PHS Act with respect
to substance abuse prevention, $186,361,000.
HEALTH SURVEILLANCE AND PROGRAM SUPPORT
For program support and cross-cutting activities that supplement activities funded under the headings ‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance Abuse Prevention’’ in
carrying out titles III, V, and XIX of the PHS Act and the Protection
and Advocacy for Individuals with Mental Illness Act in the Substance Abuse and Mental Health Services Administration,
$109,106,000: Provided, That in addition to amounts provided
herein, $27,428,000 shall be available under section 241 of the
PHS Act to supplement funds available to carry out national surveys
on drug abuse and mental health, to collect and analyze program
data, and to conduct public awareness and technical assistance
activities: Provided further, That funds made available under this
heading may be used to supplement program support funding provided under the headings ‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance Abuse Prevention’’.
AGENCY
FOR
HEALTHCARE RESEARCH
AND
QUALITY
HEALTHCARE RESEARCH AND QUALITY
For carrying out titles III and IX of the PHS Act, part A
of title XI of the Social Security Act, and section 1013 of the
Medicare Prescription Drug, Improvement, and Modernization Act
of 2003, $369,053,000 shall be available from amounts available
under section 241 of the PHS Act, notwithstanding subsection 947(c)
of such Act: Provided, That in addition, amounts received from
Freedom of Information Act fees, reimbursable and interagency
agreements, and the sale of data shall be credited to this appropriation and shall remain available until September 30, 2013.
CENTERS
FOR
MEDICARE
AND
MEDICAID SERVICES
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GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, titles XI and
XIX of the Social Security Act, $184,279,110,000, to remain available until expended.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1075
For making, after May 31, 2012, payments to States under
title XIX or in the case of section 1928 on behalf of States under
title XIX of the Social Security Act for the last quarter of fiscal
year 2012 for unanticipated costs incurred for the current fiscal
year, such sums as may be necessary.
For making payments to States or in the case of section 1928
on behalf of States under title XIX of the Social Security Act
for the first quarter of fiscal year 2013, $90,614,082,000, to remain
available until expended.
Payment under such title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect during
such quarter, if submitted in or prior to such quarter and approved
in that or any subsequent quarter.
PAYMENTS TO HEALTH CARE TRUST FUNDS
For payment to the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund,
as provided under sections 217(g), 1844, and 1860D–16 of the Social
Security Act, sections 103(c) and 111(d) of the Social Security
Amendments of 1965, section 278(d)(3) of Public Law 97–248, and
for administrative expenses incurred pursuant to section 201(g)
of the Social Security Act, $230,741,378,000.
In addition, for making matching payments under section 1844
and benefit payments under section 1860D–16 of the Social Security
Act that were not anticipated in budget estimates, such sums as
may be necessary.
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PROGRAM MANAGEMENT
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII
of the PHS Act, the Clinical Laboratory Improvement Amendments
of 1988, and other responsibilities of the Centers for Medicare
and Medicaid Services, not to exceed $3,879,476,000, to be transferred from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act; together with
all funds collected in accordance with section 353 of the PHS
Act and section 1857(e)(2) of the Social Security Act, funds retained
by the Secretary pursuant to section 302 of the Tax Relief and
Health Care Act of 2006; and such sums as may be collected
from authorized user fees and the sale of data, which shall be
credited to this account and remain available until September 30,
2017: Provided, That all funds derived in accordance with 31 U.S.C.
9701 from organizations established under title XIII of the PHS
Act shall be credited to and available for carrying out the purposes
of this appropriation: Provided further, That $34,000,000, to remain
available through September 30, 2013, shall be for contract costs
for the Healthcare Integrated General Ledger Accounting System:
Provided further, That the Secretary is directed to collect fees
in fiscal year 2012 from Medicare Advantage organizations pursuant
to section 1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876 of
that Act pursuant to section 1876(k)(4)(D) of that Act: Provided
further, That $44,000,000 shall be available for the State highrisk health insurance pool program as authorized by the State
High Risk Pool Funding Extension Act of 2006.
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Fees.
PUBL074
125 STAT. 1076
PUBLIC LAW 112–74—DEC. 23, 2011
HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT
Reports.
In addition to amounts otherwise available for program integrity and program management, $310,377,000, to remain available
through September 30, 2013, to be transferred from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund, as authorized by section 201(g)
of the Social Security Act, of which $219,879,000 shall be for the
Medicare Integrity Program at the Centers for Medicare and Medicaid Services, including administrative costs, to conduct oversight
activities for Medicare Advantage under Part C and the Medicare
Prescription Drug Program under Part D of the Social Security
Act and for activities described in section 1893(b) of such Act,
of which $29,730,000 shall be for the Department of Health and
Human Services Office of Inspector General to carry out fraud
and abuse activities authorized by section 1817(k)(3) of such Act,
of which $31,038,000 shall be for the Medicaid and Children’s
Health Insurance Program (‘‘CHIP’’) program integrity activities,
and of which $29,730,000 shall be for the Department of Justice
to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2012 shall
include measures of the operational efficiency and impact on fraud,
waste, and abuse in the Medicare, Medicaid, and CHIP programs
for the funds provided by this appropriation.
ADMINISTRATION
FOR
CHILDREN
AND
FAMILIES
PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND
FAMILY SUPPORT PROGRAMS
For making payments to States or other non-Federal entities
under titles I, IV–D, X, XI, XIV, and XVI of the Social Security
Act and the Act of July 5, 1960, $2,305,035,000, to remain available
until expended; and for such purposes for the first quarter of
fiscal year 2013, $1,100,000,000, to remain available until expended.
For making payments to each State for carrying out the program of Aid to Families with Dependent Children under title IV–
A of the Social Security Act before the effective date of the program
of Temporary Assistance for Needy Families with respect to such
State, such sums as may be necessary: Provided, That the sum
of the amounts available to a State with respect to expenditures
under such title IV–A in fiscal year 1997 under this appropriation
and under such title IV–A as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 shall not
exceed the limitations under section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments
to States or other non-Federal entities under titles I, IV–D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July
5, 1960, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
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LOW INCOME HOME ENERGY ASSISTANCE
For making payments under subsections (b) and (d) of section
2602 of the Low Income Home Energy Assistance Act of 1981,
$3,478,246,000: Provided, That all but $497,000,000 of such funds
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1077
shall be allocated as though the total appropriation for such payments for fiscal year 2012 was less than $1,975,000,000: Provided
further, That notwithstanding section 2609A(a), of the amounts
appropriated under section 2602(b), not more than $3,000,000 of
such amounts may be reserved by the Secretary for technical assistance, training, and monitoring of program activities for compliance
with internal controls, policies and procedures.
REFUGEE AND ENTRANT ASSISTANCE
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance
Act of 1980, for carrying out section 462 of the Homeland Security
Act of 2002, section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008, and the Trafficking
Victims Protection Act of 2000, for costs associated with the care
and placement of unaccompanied alien children, and for carrying
out the Torture Victims Relief Act of 1998, $769,789,000, of which
up to $9,794,000 shall be available to carry out the Trafficking
Victims Protection Act of 2000: Provided, That funds appropriated
under this heading pursuant to section 414(a) of the Immigration
and Nationality Act, section 462 of the Homeland Security Act
of 2002, section 235 of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008, and the Trafficking Victims
Protection Act of 2000 for fiscal year 2012 shall be available for
the costs of assistance provided and other activities to remain
available through September 30, 2014.
PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT
BLOCK GRANT
For carrying out the Child Care and Development Block Grant
Act of 1990, $2,282,627,000 shall be used to supplement, not supplant State general revenue funds for child care assistance for
low-income families: Provided, That $19,433,000 shall be available
for child care resource and referral and school-aged child care
activities, of which $1,000,000 shall be available to the Secretary
for a competitive grant for the operation of a national toll free
hotline and Web site to develop and disseminate child care consumer
education information for parents and help parents access child
care in their local community: Provided further, That, in addition
to the amounts required to be reserved by the States under section
658G, $291,248,000 shall be reserved by the States for activities
authorized under section 658G, of which $106,813,000 shall be
for activities that improve the quality of infant and toddler care:
Provided further, That $9,890,000 shall be for use by the Secretary
for child care research, demonstration, and evaluation activities.
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SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry
out State programs pursuant to title XX of such Act shall be
10 percent.
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125 STAT. 1078
PUBLIC LAW 112–74—DEC. 23, 2011
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CHILDREN AND FAMILIES SERVICES PROGRAMS
Procedures.
Time period.
42 USC 9921
note.
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For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Developmental Disabilities Assistance
and Bill of Rights Act, the Head Start Act, the Child Abuse Prevention and Treatment Act, sections 303 and 313 of the Family Violence
Prevention and Services Act, the Native American Programs Act
of 1974, title II of the Child Abuse Prevention and Treatment
and Adoption Reform Act of 1978 (adoption opportunities), the
Abandoned Infants Assistance Act of 1988, section 291 of the Help
America Vote Act of 2002, part B–1 of title IV and sections 413,
1110, and 1115 of the Social Security Act; for making payments
under the Community Services Block Grant Act (‘‘CSBG Act’’),
sections 439(i), 473B, and 477(i) of the Social Security Act, and
the Assets for Independence Act; and for necessary administrative
expenses to carry out such Acts and titles I, IV, V, X, XI, XIV,
XVI, and XX of the Social Security Act, the Act of July 5, 1960,
the Low Income Home Energy Assistance Act of 1981, title IV
of the Immigration and Nationality Act, and section 501 of the
Refugee Education Assistance Act of 1980, $9,926,709,000, of which
$39,421,000, to remain available through September 30, 2013, shall
be for grants to States for adoption incentive payments, as authorized by section 473A of the Social Security Act and may be made
for adoptions completed before September 30, 2012: Provided, That
$7,983,633,000 shall be for making payments under the Head Start
Act: Provided further, That for purposes of allocating funds
described by the immediately preceding proviso, the term ‘‘base
grant’’ as used in subsection (a)(7)(A) of section 640 of such Act
with respect to funding provided to a Head Start agency (including
each Early Head Start agency) for fiscal year 2011 shall be calculated as described in such subsection and to which amount shall
be added 50 percent of the amount of funds appropriated under
the heading ‘‘Department of Health and Human Services, Administration for Children and Families, Children and Family Services
Programs’’ in Public Law 111–5 and provided to such agency for
carrying out expansion of Head Start programs, as that phrase
is used in subsection (a)(4)(D) of such section 640, and provided
to such agency as the ongoing funding level for operations in the
12-month period beginning in fiscal year 2010: Provided further,
That $713,630,000 shall be for making payments under the CSBG
Act: Provided further, That $35,340,000 shall be for sections 680
and 678E(b)(2) of the CSBG Act, of which not less than $30,000,000
shall be for section 680(a)(2) and not less than $4,990,000 shall
be for section 680(a)(3)(B) of such Act: Provided further, That in
addition to amounts provided herein, $5,762,000 shall be available
from amounts available under section 241 of the PHS Act to carry
out the provisions of section 1110 of the Social Security Act: Provided further, That to the extent Community Services Block Grant
funds are distributed as grant funds by a State to an eligible
entity as provided under the CSBG Act, and have not been expended
by such entity, they shall remain with such entity for carryover
into the next fiscal year for expenditure by such entity consistent
with program purposes: Provided further, That the Secretary shall
establish procedures regarding the disposition of intangible assets
and program income that permit such assets acquired with, and
program income derived from, grant funds authorized under section
680 of the CSBG Act to become the sole property of such grantees
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1079
after a period of not more than 12 years after the end of the
grant period for any activity consistent with section 680(a)(2)(A)
of the CSBG Act: Provided further, That intangible assets in the
form of loans, equity investments and other debt instruments, and
program income may be used by grantees for any eligible purpose
consistent with section 680(a)(2)(A) of the CSBG Act: Provided
further, That these procedures shall apply to such grant funds
made available after November 29, 1999: Provided further, That
funds appropriated for section 680(a)(2) of the CSBG Act shall
be available for financing construction and rehabilitation and loans
or investments in private business enterprises owned by community
development corporations: Provided further, That $5,245,000 shall
be for activities authorized by section 291 of the Help America
Vote Act of 2002: Provided further, That $1,996,000 shall be for
a human services case management system for federally declared
disasters, to include a comprehensive national case management
contract and Federal costs of administering the system: Provided
further, That up to $2,000,000 shall be for improving the Public
Assistance Reporting Information System, including grants to
States to support data collection for a study of the system’s effectiveness.
Applicability.
PROMOTING SAFE AND STABLE FAMILIES
For carrying out section 436 of the Social Security Act,
$345,000,000 and section 437 of such Act, $63,184,000.
PAYMENTS FOR FOSTER CARE AND PERMANENCY
For making payments to States or other non-Federal entities
under title IV–E of the Social Security Act, $5,153,000,000.
For making payments to States or other non-Federal entities
under title IV–E of the Social Security Act, for the first quarter
of fiscal year 2013, $2,100,000,000.
For making, after May 31 of the current fiscal year, payments
to States or other non-Federal entities under section 474 of title
IV–E of the Social Security Act, for the last 3 months of the
current fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
ADMINISTRATION
ON
AGING
AGING SERVICES PROGRAMS
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(INCLUDING TRANSFER OF FUNDS)
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (‘‘OAA’’), section 398 and title XXIX
of the PHS Act, section 119 of the Medicare Improvements for
Patients and Providers Act of 2008, $1,473,703,000: Provided, That
amounts appropriated under this heading may be used for grants
to States under section 361 of the OAA only for disease prevention
and health promotion programs and activities which have been
demonstrated through rigorous evaluation to be evidence-based and
effective: Provided further, That none of the funds provided shall
be used to carry out sections 1701 and 1703 of the PHS Act
(with respect to chronic disease self-management activity grants),
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PUBL074
125 STAT. 1080
PUBLIC LAW 112–74—DEC. 23, 2011
except that such funds may be used for necessary expenses associated with administering any such grants awarded prior to the
date of the enactment of this Act: Provided further, That the total
amount available for fiscal year 2012 under this and any other
Act to carry out activities related to Aging and Disability Resource
Centers under subsections (a)(20)(B)(iii) and (b)(8) of section 202
of the OAA shall not exceed the amount obligated for such purposes
for fiscal year 2010 from funds available under Public Law 111–
117: Provided further, That notwithstanding any other provision
of this Act, funds made available under this heading to carry
out section 311 of the OAA may be transferred to the Secretary
of Agriculture in accordance with such section.
OFFICE
OF THE
SECRETARY
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GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, and XXI of the
PHS Act, the United States-Mexico Border Health Commission
Act, and research studies under section 1110 of the Social Security
Act, $475,221,000, together with $69,211,000 from the amounts
available under section 241 of the PHS Act to carry out national
health or human services research and evaluation activities: Provided, That of this amount, $53,783,000 shall be for minority AIDS
prevention and treatment activities: Provided further, That of the
funds made available under this heading, $104,790,000 shall be
for making competitive contracts and grants to public and private
entities to fund medically accurate and age appropriate programs
that reduce teen pregnancy and for the Federal costs associated
with administering and evaluating such contracts and grants, of
which not less than $75,000,000 shall be for replicating programs
that have been proven effective through rigorous evaluation to
reduce teenage pregnancy, behavioral risk factors underlying teenage pregnancy, or other associated risk factors, of which not less
than $25,000,000 shall be available for research and demonstration
grants to develop, replicate, refine, and test additional models and
innovative strategies for preventing teenage pregnancy, and of
which any remaining amounts shall be available for training and
technical assistance, evaluation, outreach, and additional program
support activities: Provided further, That of the amounts provided
under this heading from amounts available under section 241 of
the PHS Act, $8,455,000 shall be available to carry out evaluations
(including longitudinal evaluations) of teenage pregnancy prevention approaches: Provided further, That of the funds made available
under this heading, $5,000,000 shall be for making competitive
grants to provide abstinence education (as defined by section
510(b)(2)(A)–(H) of the Social Security Act) to adolescents, and
for Federal costs of administering the grant: Provided further, That
grants made under the authority of section 510(b)(2)(A)–(H) of
the Social Security Act shall be made only to public and private
entities that agree that, with respect to an adolescent to whom
the entities provide abstinence education under such grant, the
entities will not provide to that adolescent any other education
regarding sexual conduct, except that, in the case of an entity
expressly required by law to provide health information or services
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1081
the adolescent shall not be precluded from seeking health information or services from the entity in a different setting than the
setting in which abstinence education was provided: Provided further, That funds provided in this Act for embryo adoption activities
may be used to provide to individuals adopting embryos, through
grants and other mechanisms, medical and administrative services
deemed necessary for such adoptions: Provided further, That such
services shall be provided consistent with 42 CFR 59.5(a)(4).
Embryo adoption.
OFFICE OF MEDICARE HEARINGS AND APPEALS
For expenses necessary for administrative law judges responsible for hearing cases under title XVIII of the Social Security
Act (and related provisions of title XI of such Act), $72,147,000,
to be transferred in appropriate part from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund.
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION
TECHNOLOGY
For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts, and cooperative agreements for the development and
advancement of interoperable health information technology,
$16,446,000: Provided, That in addition to amounts provided herein,
$44,811,000 shall be available from amounts available under section
241 of the PHS Act.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations,
in carrying out the provisions of the Inspector General Act of
1978, $50,178,000: Provided, That of such amount, necessary sums
shall be available for providing protective services to the Secretary
and investigating non-payment of child support cases for which
non-payment is a Federal offense under 18 U.S.C. 228: Provided
further, That at least 40 percent of the funds provided in this
Act for the Office of Inspector General shall be used only for
investigations, audits, and evaluations pertaining to the discretionary programs funded in this Act.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
$41,016,000.
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RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED
OFFICERS
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for payments
under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan, and for medical care of dependents and retired
personnel under the Dependents’ Medical Care Act, such amounts
as may be required during the current fiscal year.
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125 STAT. 1082
PUBLIC LAW 112–74—DEC. 23, 2011
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to support activities related to countering potential biological, nuclear, radiological, chemical, and
cybersecurity threats to civilian populations, and for other public
health emergencies, $569,452,000; of which $10,000,000 shall
remain available until September 30, 2014, to support emergency
operations.
From funds transferred to this account pursuant to the fourth
paragraph under this heading in Public Law 111–117, up to
$415,000,000 shall be available for expenses necessary to support
advanced research and development pursuant to section 319L of
the PHS Act, and other administrative expenses of the Biomedical
Advanced Research and Development Authority to support additional advanced research and development.
GENERAL PROVISIONS
Government
employees.
Children and
youth.
AIDS.
Reports.
Determination.
SEC. 201. Funds appropriated in this title shall be available
for not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
SEC. 202. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service
to assist in child survival activities and to work in AIDS programs
through and with funds provided by the Agency for International
Development, the United Nations International Children’s Emergency Fund or the World Health Organization.
SEC. 203. None of the funds appropriated in this title shall
be used to pay the salary of an individual, through a grant or
other extramural mechanism, at a rate in excess of Executive Level
II.
SEC. 204. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the PHS Act, except for
funds specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the
preparation and submission of a report by the Secretary to the
Committees on Appropriations of the House of Representatives and
the Senate detailing the planned uses of such funds.
SEC. 205. Notwithstanding section 241(a) of the PHS Act, such
portion as the Secretary shall determine, but not more than 2.5
percent, of any amounts appropriated for programs authorized
under such Act shall be made available for the evaluation (directly,
or by grants or contracts) of the implementation and effectiveness
of such programs.
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(TRANSFER OF FUNDS)
SEC. 206. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for HHS in this Act may be transferred between appropriations,
but no such appropriation shall be increased by more than 3 percent
by any such transfer: Provided, That the transfer authority granted
by this section shall not be used to create any new program or
to fund any project or activity for which no funds are provided
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1083
in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.
Notification.
Deadline.
(TRANSFER OF FUNDS)
SEC. 207. The Director of the NIH, jointly with the Director
of the Office of AIDS Research, may transfer up to 3 percent
among institutes and centers from the total amounts identified
by these two Directors as funding for research pertaining to the
human immunodeficiency virus: Provided, That the Committees
on Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of any transfer.
Notification.
Deadline.
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SEC. 208. Of the amounts made available in this Act for NIH,
the amount for research related to the human immunodeficiency
virus, as jointly determined by the Director of NIH and the Director
of the Office of AIDS Research, shall be made available to the
‘‘Office of AIDS Research’’ account. The Director of the Office of
AIDS Research shall transfer from such account amounts necessary
to carry out section 2353(d)(3) of the PHS Act.
SEC. 209. None of the funds appropriated in this Act may
be made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary that
it encourages family participation in the decision of minors to
seek family planning services and that it provides counseling to
minors on how to resist attempts to coerce minors into engaging
in sexual activities.
SEC. 210. Notwithstanding any other provision of law, no provider of services under title X of the PHS Act shall be exempt
from any State law requiring notification or the reporting of child
abuse, child molestation, sexual abuse, rape, or incest.
SEC. 211. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out
the Medicare Advantage program if the Secretary denies participation in such program to an otherwise eligible entity (including
a Provider Sponsored Organization) because the entity informs
the Secretary that it will not provide, pay for, provide coverage
of, or provide referrals for abortions: Provided, That the Secretary
shall make appropriate prospective adjustments to the capitation
payment to such an entity (based on an actuarially sound estimate
of the expected costs of providing the service to such entity’s
enrollees): Provided further, That nothing in this section shall be
construed to change the Medicare program’s coverage for such services and a Medicare Advantage organization described in this section shall be responsible for informing enrollees where to obtain
information about all Medicare covered services.
SEC. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic
and environmental disease, and other health activities abroad
during fiscal year 2012:
(1) The Secretary may exercise authority equivalent to
that available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief
of Mission to ensure that the authority provided in this section
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Certification.
Family planning.
Children and
youth.
Child abuse.
Abortion.
PUBL074
125 STAT. 1084
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PUBLIC LAW 112–74—DEC. 23, 2011
is exercised in a manner consistent with section 207 of the
Foreign Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may
be necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall
cooperate fully with the Secretary to ensure that HHS has
secure, safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act.
The Secretary is authorized, in consultation with the Secretary
of State, through grant or cooperative agreement, to make
available to public or nonprofit private institutions or agencies
in participating foreign countries, funds to acquire, lease, alter,
or renovate facilities in those countries as necessary to conduct
programs of assistance for international health activities,
including activities relating to HIV/AIDS and other infectious
diseases, chronic and environmental diseases, and other health
activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those provided under chapter
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
4081 through 4086 and subject to such regulations prescribed
by the Secretary. The Secretary is further authorized to provide
locality-based comparability payments (stated as a percentage)
up to the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such personnel under section 5304 of title 5, United States Code if
such personnel’s official duty station were in the District of
Columbia. Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under subchapter
I of chapter 63 of title 5, United States Code, or section 903
of the Foreign Service Act of 1980, to individuals serving in
the Foreign Service.
SEC. 213. (a) AUTHORITY.—Notwithstanding any other provision
of law, the Director of NIH (‘‘Director’’) may use funds available
under section 402(b)(7) or 402(b)(12) of the PHS Act to enter into
transactions (other than contracts, cooperative agreements, or
grants) to carry out research identified pursuant to such section
402(b)(7) (pertaining to the Common Fund) or research and activities described in such section 402(b)(12).
(b) PEER REVIEW.—In entering into transactions under subsection (a), the Director may utilize such peer review procedures
(including consultation with appropriate scientific experts) as the
Director determines to be appropriate to obtain assessments of
scientific and technical merit. Such procedures shall apply to such
transactions in lieu of the peer review and advisory council review
procedures that would otherwise be required under sections
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the
PHS Act.
SEC. 214. Funds which are available for Individual Learning
Accounts for employees of CDC and the Agency for Toxic Substances
and Disease Registry (‘‘ATSDR’’) may be transferred to appropriate
accounts of CDC, to be available only for Individual Learning
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1085
Accounts: Provided, That such funds may be used for any individual
full-time equivalent employee while such employee is employed
either by CDC or ATSDR.
SEC. 215. Notwithstanding any other provisions of law, discretionary funds made available in this Act may be used to continue
operating the Council on Graduate Medical Education established
by section 301 of Public Law 102–408.
SEC. 216. Not to exceed $45,000,000 of funds appropriated
by this Act to the institutes and centers of the National Institutes
of Health may be used for alteration, repair, or improvement of
facilities, as necessary for the proper and efficient conduct of the
activities authorized herein, at not to exceed $3,500,000 per project.
42 USC 2940
note.
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SEC. 217. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service Awards
(‘‘NRSA’’) shall be made available to the Administrator of the Health
Resources and Services Administration to make NRSA awards for
research in primary medical care to individuals affiliated with
entities who have received grants or contracts under section 747
of the PHS Act, and 1 percent of the amount made available
for NRSA shall be made available to the Director of the Agency
for Healthcare Research and Quality to make NRSA awards for
health service research.
SEC. 218. None of the funds made available in this title may
be used, in whole or in part, to advocate or promote gun control.
SEC. 219. None of the funds appropriated or otherwise made
available in this Act may be expended to advance the creation
of a Federally Funded Research and Development Center at the
Centers for Medicare and Medicaid Services, prior to a Federal
Register notice being issued that outlines: how this proposal would
meet the specific requirements identified in FAR 35.017–2; agency
procedures that ensure small business competitiveness is maintained; and the outline of a transparent award and governance
process to be employed.
SEC. 220. (a) The Secretary shall establish a publicly accessible
website to provide information regarding the uses of funds made
available under section 4002 of Public Law 111–148.
(b) With respect to funds provided for fiscal year 2012, the
Secretary shall include on the website established under subsection
(a) at a minimum the following information:
(1) In the case of each transfer of funds under section
4002(c), a statement indicating the program or activity receiving
funds, the operating division or office that will administer the
funds, and the planned uses of the funds, to be posted not
later than the day after the transfer is made.
(2) Identification (along with a link to the full text) of
each funding opportunity announcement, request for proposals,
or other announcement or solicitation of proposals for grants,
cooperative agreements, or contracts intended to be awarded
using such funds, to be posted not later than the day after
the announcement or solicitation is issued.
(3) Identification of each grant, cooperative agreement, or
contract with a value of $25,000 or more awarded using such
funds, including the purpose of the award and the identity
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Gun control.
Federal Register,
publication.
Web site.
Public
information.
42 USC 300u–11
note.
Deadline.
PUBL074
125 STAT. 1086
Reports.
Deadline.
Reports.
Deadlines.
Time period.
42 USC 287a,
287a–1.
42 USC 287.
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Notice.
Time period.
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PUBLIC LAW 112–74—DEC. 23, 2011
of the recipient, to be posted not later than 5 days after the
award is made.
(4) A report detailing the uses of all funds transferred
under section 4002(c) during the fiscal year, to be posted not
later than 90 days after the end of the fiscal year.
(5) Semi-annual reports from each entity awarded a grant,
cooperative agreement, or contract from such funds with a
value of $25,000 or more, summarizing the activities undertaken and identifying any sub-grants or sub-contracts awarded
(including the purpose of the award and the identity of the
recipient), to be posted not later than 30 days after the end
of each 6-month period.
SEC. 221. (a) ESTABLISHMENT OF NATIONAL CENTER FOR
ADVANCING TRANSLATIONAL SCIENCES; ELIMINATION OF NATIONAL
CENTER FOR RESEARCH RESOURCES.—
(1) IN GENERAL.—Subpart 1 of part E of title IV of the
Public Health Service Act (42 U.S.C. 287 et seq.) is amended—
(A) in the subpart heading, by striking ‘‘National
Center for Research Resources’’ and inserting ‘‘National
Center for Advancing Translational Sciences’’;
(B) by striking sections 480 and 481; and
(C) by amending section 479 to read as follows:
‘‘SEC. 479. NATIONAL CENTER FOR ADVANCING TRANSLATIONAL
SCIENCES.
‘‘(a) PURPOSE.—The purpose of the National Center for
Advancing Translational Sciences (in this subpart referred to as
the ‘Center’) is to advance translational sciences, including by—
‘‘(1) coordinating and developing resources that leverage
basic research in support of translational science; and
‘‘(2) developing partnerships and working cooperatively to
foster synergy in ways that do not create duplication, redundancy, and competition with industry activities.
‘‘(b) CLINICAL TRIAL ACTIVITIES.—
‘‘(1) IN GENERAL.—The Center may develop and provide
infrastructure and resources for all phases of clinical trials
research. Except as provided in paragraph (2), the Center may
support clinical trials only through the end of phase IIA.
‘‘(2) EXCEPTION.—The Center may support clinical trial
activities through the end of phase IIB for a treatment for
a rare disease or condition (as defined in section 526 of the
Federal Food, Drug, and Cosmetic Act) so long as—
‘‘(A) the Center gives public notice for a period of
at least 120 days of the Center’s intention to support the
clinical trial activities in phase IIB;
‘‘(B) no public or private organization provides credible
written intent to the Center that the organization has
timely plans to further the clinical trial activities or conduct
clinical trials of a similar nature beyond phase IIA; and
‘‘(C) the Center ensures that support of the clinical
trial activities in phase IIB will not increase the Federal
Government’s liability beyond the award value of the Center’s support.
‘‘(c) ANNUAL REPORT.—The Center shall publish an annual
report that, with respect to all research supported by the Center,
includes a complete list of—
‘‘(1) the molecules being studied;
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1087
‘‘(2) clinical trial activities being conducted;
‘‘(3) the methods and tools in development;
‘‘(4) ongoing partnerships, including—
‘‘(A) the rationale for each partnership;
‘‘(B) the status of each partnership;
‘‘(C) the funding provided by the Center to other entities pursuant to each partnership, and
‘‘(D) the activities which have been transferred to
industry pursuant to each partnership; and
‘‘(5) known research activity of other entities that is or
will expand upon research activity of the Center.’’.
(2) LIST OF INSTITUTES AND CENTERS.—Section 401(b)(21)
of the Public Health Service Act (42 U.S.C. 281(b)(21)) is
amended by striking ‘‘National Center for Research Resources’’
and inserting ‘‘National Center for Advancing Translational
Sciences’’.
(b) ASSIGNMENT OF CERTAIN FUNCTIONS OF FORMER NATIONAL
CENTER FOR RESEARCH RESOURCES.—
(1) BIOMEDICAL AND BEHAVIORAL RESEARCH FACILITIES.—
Section 481A of the Public Health Service Act (42 U.S.C. 287a–
2)—
(A) is redesignated as section 404I and is moved to
follow section 404H of such Act (42 U.S.C. 283j); and
(B) is amended—
(i) in subsection (a)(1), by striking ‘‘acting through
the Director of the Center or the Director of the
National Institute of Allergy and Infectious Diseases’’
and inserting ‘‘acting through the Office of the Director
of NIH or the Director of the National Institute of
Allergy and Infectious Diseases’’;
(ii) in subsections (c), (d), (e), and (f)(2), by striking
‘‘Director of the Center or the Director of the National
Institute of Allergy and Infectious Diseases’’ each place
it appears and inserting ‘‘Director of NIH, acting
through the Office of the Director of NIH or the
National Institute of Allergy and Infectious Diseases,’’;
(iii) in subsection (b)(2), by striking ‘‘Director of
the Center’’ each place it appears and inserting
‘‘Director of NIH’’;
(iv) in subsections (b)(3)(A), (f)(1), and (g), by
striking the comma at the end of ‘‘Director of the
Center,’’ each place it appears;
(v) by striking ‘‘Director of the Center’’ each place
it appears and inserting ‘‘Director of NIH, acting
through the Office of the Director of NIH,’’;
(vi) in subsection (b)—
(I) in paragraph (1)(A), by striking ‘‘within
the Center’’; and
(II) in paragraph (2)—
(aa) in subparagraph (A), by striking ‘‘and
the advisory council established under section
480 (in this section referred to as the ‘Advisory
Council’)’’ and inserting ‘‘and the Council of
Councils established under section 402(l) (in
this section referred to as the ‘Council’)’’; and
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42 USC 283k.
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125 STAT. 1088
42 USC 283l.
42 USC 283m.
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42 USC 283n.
42 USC 285k.
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PUBLIC LAW 112–74—DEC. 23, 2011
(bb) in subparagraphs (B), (C), and (D),
by striking ‘‘Advisory’’ each place it appears;
and
(vii) in subsection (g), by striking ‘‘after consultation with the Advisory Council’’ and inserting ‘‘after
consultation with the Council’’.
(2) CONSTRUCTION OF REGIONAL CENTERS FOR RESEARCH
ON PRIMATES.—Section 481B of the Public Health Service Act
(42 U.S.C. 287a–3)—
(A) is redesignated as section 404J and is moved to
follow section 404I, as redesignated by paragraph (1); and
(B) in subsection (a), is amended—
(i) by striking ‘‘by the National Center for Research
Resources’’ and inserting ‘‘by the Director of NIH,
acting through the Office of the Director of NIH,’’;
and
(ii) by striking ‘‘481A’’ and inserting ‘‘404I’’.
(3) SANCTUARY SYSTEM FOR SURPLUS CHIMPANZEES.—Section 481C of the Public Health Service Act (42 U.S.C. 287a–
3a)—
(A) is redesignated as section 404K and is moved to
follow section 404J, as redesignated by paragraph (2); and
(B) in subsection (d)(4)(A)(ii), is amended by striking
‘‘that is carried out by the National Center for Research
Resources’’ and inserting ‘‘that is carried out by the Director
of NIH, acting through the Office of the Director of NIH,’’.
(4) SHARED INSTRUMENTATION GRANT PROGRAM.—Section
305 of the Public Health Improvement Act (42 U.S.C. 287
note)—
(A) is redesignated as section 404L of the Public Health
Service Act and is moved to follow section 404K of that
Act, as redesignated by paragraph (3); and
(B) is amended—
(i) by striking subsection (a) and redesignating
subsections (b) and (c) as subsections (a) and (b),
respectively;
(ii) in subsection (a), as so redesignated, by striking
‘‘under the program described in subsection (a)’’ and
inserting ‘‘under the Shared Instrumentation Grant
Program’’;
(iii) by striking ‘‘Director of the National Center
for Research Resources’’ each place it appears and
inserting ‘‘Director of NIH, acting through the Office
of the Director of NIH,’’; and
(iv) in subsection (b), as so redesignated—
(I) by striking ‘‘in subsection (a)’’ and inserting
‘‘in subsection (a), the’’; and
(II) by striking ‘‘of the Public Health Service
Act (42 U.S.C. 289a)’’.
(5) INSTITUTIONAL DEVELOPMENT AWARD PROGRAM.—Title
IV of the Public Health Service Act (42 U.S.C. 281 et seq.)
is amended—
(A) in section 461, by striking the section heading
and designation and all that follows through ‘‘The general
purpose’’ and inserting the following:
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1089
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‘‘SEC. 461. NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES.
‘‘(a) GENERAL PURPOSE.—The general purpose’’;
(B) by moving subsection (g) of section 402 to the
end of section 461, as amended, and redesignating that
subsection as subsection (b); and
(C) in section 461(b), as so redesignated—
(i) by striking ‘‘(b)(1)(A) In the case of’’ and
inserting the following:
‘‘(b) INSTITUTIONAL DEVELOPMENT AWARD PROGRAM.—
‘‘(1)(A) In the case of’’;
(ii) by moving two ems to the right—
(I) subparagraphs (B) and (C) of paragraph
(1);
(II) clauses (i), (ii), and (iii) of such subparagraph (C); and
(III) paragraph (2); and
(iii) in paragraph (1)(A), by striking ‘‘acting
through the Director of the National Center for
Research Resources’’ and inserting ‘‘acting through the
Director of the National Institute of General Medical
Sciences’’.
(c) ASSIGNMENT OF CERTAIN OFFICES AND FUNCTIONS TO
NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES.—
(1) CURES ACCELERATION NETWORK.—Section 402C of the
Public Health Service Act (42 U.S.C. 282d)—
(A) is redesignated as section 480 and is moved to
follow section 479;
(B) in subsection (b), is amended in the matter that
precedes paragraph (1) by striking ‘‘within the Office of
the Director of NIH’’ and inserting ‘‘within the Center’’;
(C) by striking ‘‘Director of NIH’’ each place it appears
and inserting ‘‘Director of the Center’’; and
(D) in the headings of subsections (d)(4) and (d)(4)(B),
by striking ‘‘DIRECTOR OF NIH’’ each place it appears and
inserting ‘‘DIRECTOR OF THE CENTER’’.
(2) OFFICE OF RARE DISEASES.—Title IV of the Public Health
Service Act (42 U.S.C. 281 et seq.) is amended—
(A) in section 404F—
(i) by redesignating such section as section 481
and moving such section to follow section 480, as
redesignated by paragraph (1);
(ii) in subsection (a)—
(I) by striking ‘‘within the Office of the Director
of NIH’’ and inserting ‘‘within the Center’’; and
(II) by striking ‘‘Director of NIH’’ and inserting
‘‘Director of the Center’’; and
(iii) in subsection (b)(1)(C), by striking ‘‘404G’’ and
inserting ‘‘481A’’; and
(B) in section 401(c)(2)(A), by striking ‘‘the Office of
Rare Diseases,’’.
(3) RARE DISEASE REGIONAL CENTERS OF EXCELLENCE.—
Section 404G of the Public Health Service Act (42 U.S.C. 283i)
is redesignated as section 481A and is moved to follow section
481, as redesignated by paragraph (2).
(4) GENERAL CLINICAL RESEARCH CENTERS.—Section 481D
of the Public Health Service Act (42 U.S.C. 287a–4)—
(A) is redesignated as section 481B; and
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42 USC 282,
285k.
42 USC 285k.
42 USC 287a.
42 USC 283h,
287a–1.
42 USC 287a–1.
42 USC 287a–1.
42 USC 281.
42 USC 287a–2.
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125 STAT. 1090
PUBLIC LAW 112–74—DEC. 23, 2011
(B) in subsection (a), is amended by striking ‘‘Director
of the National Center for Research Resources’’ and
inserting ‘‘Director of the Center’’.
(d) CONFORMING AMENDMENTS.—Title IV of the Public Health
Service Act (42 U.S.C. 281 et seq.) is amended—
(1) in section 402(b)(24) (42 U.S.C. 282(b)(24)), by striking
‘‘402C’’ and inserting ‘‘480’’;
(2) in section 404C(e)(3)(A) (42 U.S.C. 283e(e)(3)(A)), by
striking ‘‘and the Director of the Center for Research
Resources’’;
(3) in section 464z–3(i)(1) (42 U.S.C. 285t(i)(1))—
(A) by striking ‘‘Director of National Institute for
Research Resources’’ and inserting ‘‘Director of NIH’’;
(B) by striking ‘‘481(c)(3)’’ and inserting ‘‘404I(c)(2)’’;
and
(C) by inserting ‘‘under such section’’ after ‘‘Institutions
of Emerging Excellence’’;
(4) in section 499(c)(1)(E) (42 U.S.C. 290b(c)(1)(E)), by
striking ‘‘section 402C’’ and inserting ‘‘section 480’’.
SEC. 222. The discretionary appropriation for CDC is hereby
reduced by $20,000,000: Provided, That the reduction should be
taken from contracting and administrative costs in each of the
CDC accounts.
This title may be cited as the ‘‘Department of Health and
Human Services Appropriations Act, 2012’’.
Reduction.
TITLE III
Department of
Education
Appropriations
Act, 2012.
DEPARTMENT OF EDUCATION
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EDUCATION
FOR THE
DISADVANTAGED
For carrying out title I of the Elementary and Secondary Education Act of 1965 (referred to in this Act as ‘‘ESEA’’) and section
418A of the Higher Education Act of 1965 (referred to in this
Act as ‘‘HEA’’), $15,750,983,000, of which $4,817,117,000 shall
become available on July 1, 2012, and shall remain available
through September 30, 2013, and of which $10,841,177,000 shall
become available on October 1, 2012, and shall remain available
through September 30, 2013, for academic year 2012–2013: Provided, That $6,584,750,000 shall be for basic grants under section
1124 of the ESEA: Provided further, That up to $3,992,000 of
these funds shall be available to the Secretary of Education (referred
to in this title as ‘‘Secretary’’) on October 1, 2011, to obtain annually
updated local educational agency-level census poverty data from
the Bureau of the Census: Provided further, That $1,362,301,000
shall be for concentration grants under section 1124A of the ESEA:
Provided further, That $3,288,183,000 shall be for targeted grants
under section 1125 of the ESEA: Provided further, That
$3,288,183,000 shall be for education finance incentive grants under
section 1125A of the ESEA: Provided further, That $3,200,000 shall
be to carry out sections 1501 and 1503 of the ESEA: Provided
further, That $534,562,000 shall be available for school improvement grants under section 1003(g) of the ESEA, which shall be
allocated by the Secretary through the formula described in section
1003(g)(2) and shall be used consistent with the requirements of
section 1003(g), except that State and local educational agencies
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1091
may use such funds to serve any school eligible to receive assistance
under part A of title I that has not made adequate yearly progress
for at least 2 years or is in the State’s lowest quintile of performance
based on proficiency rates and, in the case of secondary schools,
priority shall be given to those schools with graduation rates below
60 percent: Provided further, That notwithstanding section
1003(g)(5)(A), each State educational agency may establish a maximum subgrant size of not more than $2,000,000 for each participating school applicable to such funds: Provided further, That the
Secretary may reserve up to 5 percent of the funds available for
section 1003(g) of the ESEA to carry out activities to build State
and local educational agency capacity to implement effectively the
school improvement grants program: Provided further, That
$160,000,000 shall be available under section 1502 of the ESEA
for a comprehensive literacy development and education program
to advance literacy skills, including pre-literacy skills, reading, and
writing, for students from birth through grade 12, including limitedEnglish-proficient students and students with disabilities, of which
one-half of 1 percent shall be reserved for the Secretary of the
Interior for such a program at schools funded by the Bureau of
Indian Education, one-half of 1 percent shall be reserved for grants
to the outlying areas for such a program, up to 5 percent may
be reserved for national activities, and the remainder shall be
used to award competitive grants to State educational agencies
for such a program, of which a State educational agency may
reserve up to 5 percent for State leadership activities, including
technical assistance and training, data collection, reporting, and
administration, and shall subgrant not less than 95 percent to
local educational agencies or, in the case of early literacy, to local
educational agencies or other nonprofit providers of early childhood
education that partner with a public or private nonprofit organization or agency with a demonstrated record of effectiveness in
improving the early literacy development of children from birth
through kindergarten entry and in providing professional development in early literacy, giving priority to such agencies or other
entities serving greater numbers or percentages of disadvantaged
children: Provided further, That the State educational agency shall
ensure that at least 15 percent of the subgranted funds are used
to serve children from birth through age 5, 40 percent are used
to serve students in kindergarten through grade 5, and 40 percent
are used to serve students in middle and high school including
an equitable distribution of funds between middle and high schools:
Provided further, That eligible entities receiving subgrants from
State educational agencies shall use such funds for services and
activities that have the characteristics of effective literacy instruction through professional development, screening and assessment,
targeted interventions for students reading below grade level and
other research-based methods of improving classroom instruction
and practice.
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IMPACT AID
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the ESEA,
$1,293,631,000, of which $1,155,724,000 shall be for basic support
payments under section 8003(b), $48,505,000 shall be for payments
for children with disabilities under section 8003(d), $17,474,000
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PUBL074
125 STAT. 1092
Eligibility.
PUBLIC LAW 112–74—DEC. 23, 2011
shall be for construction under section 8007(b) and shall remain
available through September 30, 2013, $67,074,000 shall be for
Federal property payments under section 8002, and $4,854,000,
to remain available until expended, shall be for facilities maintenance under section 8008: Provided, That for purposes of computing
the amount of a payment for an eligible local educational agency
under section 8003(a) for school year 2011–2012, children enrolled
in a school of such agency that would otherwise be eligible for
payment under section 8003(a)(1)(B) of such Act, but due to the
deployment of both parents or legal guardians, or a parent or
legal guardian having sole custody of such children, or due to
the death of a military parent or legal guardian while on active
duty (so long as such children reside on Federal property as
described in section 8003(a)(1)(B)), are no longer eligible under
such section, shall be considered as eligible students under such
section, provided such students remain in average daily attendance
at a school in the same local educational agency they attended
prior to their change in eligibility status.
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SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities authorized by
parts A and B of title II, part B of title IV, parts A and B of
title VI, and parts B and C of title VII of the ESEA; the McKinneyVento Homeless Assistance Act; section 203 of the Educational
Technical Assistance Act of 2002; the Compact of Free Association
Amendments Act of 2003; and the Civil Rights Act of 1964,
$4,550,018,000, of which $2,725,246,000 shall become available on
July 1, 2012, and remain available through September 30, 2013,
and of which $1,681,441,000 shall become available on October
1, 2012, and shall remain available through September 30, 2013,
for academic year 2012–2013: Provided, That funds made available
to carry out part B of title VII of the ESEA may be used for
construction, renovation, and modernization of any elementary
school, secondary school, or structure related to an elementary
school or secondary school, run by the Department of Education
of the State of Hawaii, that serves a predominantly Native
Hawaiian student body: Provided further, That funds made available to carry out part C of title VII of the ESEA shall be awarded
on a competitive basis, and also may be used for construction:
Provided further, That $51,210,000 shall be available to carry out
section 203 of the Educational Technical Assistance Act of 2002:
Provided further, That $17,652,000 shall be available to carry out
the Supplemental Education Grants program for the Federated
States of Micronesia and the Republic of the Marshall Islands:
Provided further, That up to 5 percent of these amounts may
be reserved by the Federated States of Micronesia and the Republic
of the Marshall Islands to administer the Supplemental Education
Grants programs and to obtain technical assistance, oversight and
consultancy services in the administration of these grants and
to reimburse the United States Departments of Labor, Health and
Human Services, and Education for such services: Provided further,
That up to 1.5 percent of the funds for subpart 1 of part A of
title II of the ESEA shall be reserved by the Secretary for competitive awards for teacher or principal training or professional
enhancement activities to national not-for-profit organizations.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1093
INDIAN EDUCATION
For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the ESEA, $131,027,000.
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INNOVATION
AND IMPROVEMENT
For carrying out activities authorized by part G of title I,
subpart 5 of part A and parts C and D of title II, parts B, C,
and D of title V of the ESEA, and sections 14006 and 14007
of division A of the American Recovery and Reinvestment Act
of 2009, as amended, $1,530,429,000: Provided, That the Secretary
may use up to $550,000,000, which shall remain available for obligation through December 31, 2012, for section 14006 of division A
of Public Law 111–5, as amended, to make awards (including on
the basis of previously submitted applications) to States or to local
educational agencies, or both, in accordance with the applicable
requirements of that section, as determined by the Secretary, and
may use up to 5 percent of such funds for technical assistance
and evaluation of the activities carried out under that section:
Provided further, That up to $149,700,000 shall be available for
obligation through December 31, 2012 for section 14007 of division
A of Public Law 111–5, and up to 5 percent of such funds may
be used for technical assistance and the evaluation of activities
carried out under such section: Provided further, That $300,000,000
of the funds for subpart 1 of part D of title V of the ESEA shall
be for competitive grants to local educational agencies, including
charter schools that are local educational agencies, or States, or
partnerships of: (1) a local educational agency, a State, or both;
and (2) at least one nonprofit organization to develop and implement
performance-based compensation systems for teachers, principals,
and other personnel in high-need schools: Provided further, That
such performance-based compensation systems must consider gains
in student academic achievement as well as classroom evaluations
conducted multiple times during each school year among other
factors and provide educators with incentives to take on additional
responsibilities and leadership roles: Provided further, That recipients of such grants shall demonstrate that such performance-based
compensation systems are developed with the input of teachers
and school leaders in the schools and local educational agencies
to be served by the grant: Provided further, That recipients of
such grants may use such funds to develop or improve systems
and tools (which may be developed and used for the entire local
educational agency or only for schools served under the grant)
that would enhance the quality and success of the compensation
system, such as high-quality teacher evaluations and tools to
measure growth in student achievement: Provided further, That
applications for such grants shall include a plan to sustain financially the activities conducted and systems developed under the
grant once the grant period has expired: Provided further, That
up to 5 percent of such funds for competitive grants shall be
available for technical assistance, training, peer review of applications, program outreach, and evaluation activities: Provided further,
That of the funds available for part B of title V of the ESEA,
the Secretary shall use not less than $23,000,000 to carry out
activities under section 5205(b) and under subpart 2: Provided
further, That of the funds available for subpart 1 of part B of
title V of the ESEA, and notwithstanding section 5205(a), the
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Grants.
Financial plan.
PUBL074
125 STAT. 1094
Plans.
Charter schools.
Audits.
PUBLIC LAW 112–74—DEC. 23, 2011
Secretary may reserve up to $55,000,000 to make multiple awards
to non-profit charter management organizations and other entities
that are not for-profit entities for the replication and expansion
of successful charter school models and shall reserve up to
$11,000,000 to carry out the activities described in section 5205(a),
including improving quality and oversight of charter schools and
providing technical assistance and grants to authorized public chartering agencies in order to increase the number of high-performing
charter schools: Provided further, That each application submitted
pursuant to section 5203(a) shall describe a plan to monitor and
hold accountable authorized public chartering agencies through such
activities as providing technical assistance or establishing a professional development program, which may include evaluation, planning, training, and systems development for staff of authorized
public chartering agencies to improve the capacity of such agencies
in the State to authorize, monitor, and hold accountable charter
schools: Provided further, That each application submitted pursuant
to section 5203(a) shall contain assurances that State law, regulations, or other policies require that: (1) each authorized charter
school in the State operate under a legally binding charter or
performance contract between itself and the school’s authorized
public chartering agency that describes the obligations and responsibilities of the school and the public chartering agency; conduct
annual, timely, and independent audits of the school’s financial
statements that are filed with the school’s authorized public chartering agency; and demonstrate improved student academic achievement; and (2) authorized public chartering agencies use increases
in student academic achievement for all groups of students
described in section 1111(b)(2)(C)(v) of the ESEA as the most important factor when determining to renew or revoke a school’s charter.
SAFE SCHOOLS
AND
CITIZENSHIP EDUCATION
For carrying out activities authorized by part A of title IV
and subparts 1, 2, and 10 of part D of title V of the ESEA,
$256,237,000: Provided, That $65,000,000 shall be available for
subpart 2 of part A of title IV: Provided further, That $60,000,000
shall be available for Promise Neighborhoods and shall be available
through December 31, 2012.
ENGLISH LANGUAGE ACQUISITION
For carrying out part A of title III of the ESEA, $733,530,000,
which shall become available on July 1, 2012, and shall remain
available through September 30, 2013, except that 6.5 percent
of such amount shall be available on October 1, 2011, and shall
remain available through September 30, 2013, to carry out activities
under section 3111(c)(1)(C): Provided, That the Secretary shall use
estimates of the American Community Survey child counts for
the most recent 3-year period available to calculate allocations
under such part.
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SPECIAL EDUCATION
For carrying out the Individuals with Disabilities Education
Act (‘‘IDEA’’) and the Special Olympics Sport and Empowerment
Act of 2004, $12,647,066,000, of which $3,115,716,000 shall become
available on July 1, 2012, and shall remain available through
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1095
September 30, 2013, and of which $9,283,383,000 shall become
available on October 1, 2012, and shall remain available through
September 30, 2013, for academic year 2012–2013: Provided, That
the amount for section 611(b)(2) of the IDEA shall be equal to
the lesser of the amount available for that activity during fiscal
year 2011, increased by the amount of inflation as specified in
section 619(d)(2)(B) of the IDEA, or the percent change in the
funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2011: Provided
further, That $2,000,000, to remain available for obligation through
September 30, 2013, shall be for activities aimed at improving
the outcomes of children receiving Supplemental Security Income
(SSI) and their families, which may include competitive grants
to States to improve the provision and coordination of services
for SSI child recipients in order to achieve improved health status,
including both physical and emotional health, and education and
post-school outcomes, including completion of postsecondary education and employment, and to improve services and supports to
the families or households of the SSI child recipient, such as education and job training for the parents: Provided further, That
States may award subgrants for a portion of the funds to other
public and private, non-profit entities.
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REHABILITATION SERVICES
AND
DISABILITY RESEARCH
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of 1998,
and the Helen Keller National Center Act, $3,512,019,000: Provided,
That the Secretary may use amounts provided in this Act that
remain available subsequent to the reallotment of funds to States
pursuant to section 110(b) of the Rehabilitation Act for activities
aimed at improving the outcomes of children receiving Supplemental
Security Income (SSI) and their families, including competitive
grants to States to improve the provision and coordination of services for SSI child recipients in order to achieve improved health
status, education and post-school outcomes, including completion
of postsecondary education and employment, and to improve services and supports to the family or households of the SSI child
recipient, such as education and job training for the parents: Provided further, That States may award subgrants for a portion
of the funds to other public and private, non-profit entities: Provided
further, That any funds made available subsequent to reallotment
for activities aimed at improving the outcomes of children receiving
SSI and their families shall remain available until September 30,
2013: Provided further, That $2,000,000 shall be for competitive
grants to support alternative financing programs that provide for
the purchase of assistive technology devices, such as a low-interest
loan fund; an interest buy-down program; a revolving loan fund;
a loan guarantee; or insurance program: Provided further, That
applicants shall provide an assurance that, and information
describing the manner in which, the alternative financing program
will expand and emphasize consumer choice and control: Provided
further, That State agencies and community-based disability
organizations that are directed by and operated for individuals
with disabilities shall be eligible to compete.
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PUBL074
125 STAT. 1096
PUBLIC LAW 112–74—DEC. 23, 2011
SPECIAL INSTITUTIONS
FOR
PERSONS WITH DISABILITIES
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, $24,551,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For the National Technical Institute for the Deaf under titles
I and II of the Education of the Deaf Act of 1986, $65,546,000:
Provided, That from the total amount available, the Institute may
at its discretion use funds for the endowment program as authorized
under section 207 of such Act.
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf
Act of 1986, $125,754,000, of which $7,990,000 shall be for construction and shall remain available until expended: Provided, That
from the total amount available, the University may at its discretion
use funds for the endowment program as authorized under section
207 of such Act.
CAREER, TECHNICAL,
AND
ADULT EDUCATION
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006 and
the Adult Education and Family Literacy Act (referred to in this
Act as the ‘‘AEFLA’’), $1,738,946,000, of which $947,946,000 shall
become available on July 1, 2012, and shall remain available
through September 30, 2013, and of which $791,000,000 shall
become available on October 1, 2012, and shall remain available
through September 30, 2013: Provided, That of the amount provided
for Adult Education State Grants, $74,850,000 shall be made available for integrated English literacy and civics education services
to immigrants and other limited-English-proficient populations: Provided further, That of the amount reserved for integrated English
literacy and civics education, notwithstanding section 211 of the
AEFLA, 65 percent shall be allocated to States based on a State’s
absolute need as determined by calculating each State’s share of
a 10-year average of the United States Citizenship and Immigration
Services data for immigrants admitted for legal permanent residence for the 10 most recent years, and 35 percent allocated to
States that experienced growth as measured by the average of
the 3 most recent years for which United States Citizenship and
Immigration Services data for immigrants admitted for legal permanent residence are available, except that no State shall be allocated
an amount less than $60,000: Provided further, That of the amounts
made available for AEFLA, $11,323,000 shall be for national leadership activities under section 243.
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STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1 and 3 of part A, and part C
of title IV of the HEA, $24,538,521,000, which shall remain available through September 30, 2013.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1097
The maximum Pell Grant for which a student shall be eligible
during award year 2012–2013 shall be $4,860.
20 USC 1070a
note.
STUDENT AID ADMINISTRATION
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 4, 9, and 10 of part A, and parts B,
C, D, and E of title IV of the HEA, $1,045,363,000, to remain
available until September 30, 2013.
HIGHER EDUCATION
For carrying out, to the extent not otherwise provided, titles
II, III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational
and Cultural Exchange Act of 1961, and section 117 of the Carl
D. Perkins Career and Technical Education Act of 2006,
$1,873,196,000: Provided, That $608,000 shall be for data collection
and evaluation activities for programs under the HEA, including
such activities needed to comply with the Government Performance
and Results Act of 1993: Provided further, That notwithstanding
any other provision of law, funds made available in this Act to
carry out title VI of the HEA and section 102(b)(6) of the Mutual
Educational and Cultural Exchange Act of 1961 may be used to
support visits and study in foreign countries by individuals who
are participating in advanced foreign language training and international studies in areas that are vital to United States national
security and who plan to apply their language skills and knowledge
of these countries in the fields of government, the professions,
or international development: Provided further, That of the funds
referred to in the preceding proviso up to 1 percent may be used
for program evaluation, national outreach, and information dissemination activities: Provided further, That notwithstanding any other
provision of law, a recipient of a multi-year award under section
316 of the HEA, as that section was in effect prior to the date
of enactment of the Higher Education Opportunity Act (referred
to in this Act as ‘‘HEOA’’), that would have otherwise received
a continuation award for fiscal year 2012 under that section, shall
receive under section 316, as amended by the HEOA, not less
than the amount that such recipient would have received under
such a continuation award: Provided further, That the portion of
the funds received under section 316 by a recipient described in
the preceding proviso that is equal to the amount of such continuation award shall be used in accordance with the terms of such
continuation award.
HOWARD UNIVERSITY
For partial support of Howard University, $234,507,000, of
which not less than $3,600,000 shall be for a matching endowment
grant pursuant to the Howard University Endowment Act and
shall remain available until expended.
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COLLEGE HOUSING
AND
ACADEMIC FACILITIES LOANS PROGRAM
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of the
HEA, $460,000.
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PUBL074
125 STAT. 1098
PUBLIC LAW 112–74—DEC. 23, 2011
HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL
FINANCING PROGRAM ACCOUNT
For the cost of guaranteed loans, $20,188,000, as authorized
pursuant to part D of title III of the HEA: Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed
$367,255,000: Provided further, That these funds may be used to
support loans to public and private Historically Black Colleges
and Universities without regard to the limitations within section
344(a) of the HEA.
In addition, for administrative expenses to carry out the Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $353,000.
INSTITUTE
OF
EDUCATION SCIENCES
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational
Progress Authorization Act, section 208 of the Educational Technical
Assistance Act of 2002, and section 664 of the Individuals with
Disabilities Education Act, $594,788,000, which shall remain available through September 30, 2013: Provided, That funds available
to carry out section 208 of the Educational Technical Assistance
Act may be used to link Statewide elementary and secondary data
systems with early childhood, postsecondary, and workforce data
systems, or to further develop such systems: Provided further, That
up to $11,000,000 of the funds available to carry out section 208
of the Educational Technical Assistance Act may be used for awards
to public or private organizations or agencies to support activities
to improve data coordination, quality, and use at the local, State,
and national levels.
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $447,104,000.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization
Act, $102,818,000.
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OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $59,933,000.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1099
GENERAL PROVISIONS
SEC. 301. No funds appropriated in this Act may be used
for the transportation of students or teachers (or for the purchase
of equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation
of students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation
of any school or school system.
SEC. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation of any
student to a school other than the school which is nearest the
student’s home, except for a student requiring special education,
to the school offering such special education, in order to comply
with title VI of the Civil Rights Act of 1964. For the purpose
of this section an indirect requirement of transportation of students
includes the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the pairing
of schools, or the clustering of schools, or any combination of grade
restructuring, pairing, or clustering. The prohibition described in
this section does not include the establishment of magnet schools.
SEC. 303. No funds appropriated in this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
Racial
desegregation.
Voluntary
prayer.
Meditation.
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(TRANSFER OF FUNDS)
SEC. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but
no such appropriation shall be increased by more than 3 percent
by any such transfer: Provided, That the transfer authority granted
by this section shall not be used to create any new program or
to fund any project or activity for which no funds are provided
in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.
SEC. 305. The Outlying Areas may consolidate funds received
under this Act, pursuant to 48 U.S.C. 1469a, under part A of
title V of the ESEA.
SEC. 306. Section 105(f)(1)(B)(ix) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix))
shall be applied by substituting ‘‘2012’’ for ‘‘2009’’.
SEC. 307. (a) Notwithstanding any other provision of law, the
Secretary is authorized to modify the terms and conditions of gulf
hurricane disaster loans to affected institutions pursuant to section
2601 of Public Law 109–234 using the authority provided herein,
on such terms as the Secretary, the Secretary of the Treasury,
and the Director of the Office of Management and Budget jointly
determine are in the best interests of both the United States and
the borrowers, and necessary to mitigate the economic effects of
Hurricanes Katrina and Rita. Any modification under this section
shall not result in any net cost to the Federal Government, as
jointly determined by the Secretary, the Secretary of the Treasury,
and the Director of the Office of Management and Budget, beginning
on the date on which the Secretary modifies a loan under this
section.
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Notification.
Deadline.
Applicability.
42 USC 1921d
note.
PUBL074
125 STAT. 1100
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123 Stat. 3272;
Ante, p. 164.
Applicability.
20 USC 1091
note.
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PUBLIC LAW 112–74—DEC. 23, 2011
(b) FEDERAL REGISTER NOTICE.—The Secretary, the Secretary
of the Treasury, and the Director of the Office of Management
and Budget, shall jointly publish a notice in the Federal Register
prior to any modification of loans under paragraph (a) that—
(1) establishes the terms and conditions governing the
modifications authorized by paragraph (a);
(2) includes an outline of the methodology and factors that
the Secretary, the Secretary of the Treasury, and the Director
of the Office of Management and Budget, will jointly consider
in evaluating the modification of the loans made under this
title; and
(3) describes how the use of such methodology and consideration of such factors used to determine the modifications will
ensure that loan modifications do not result in any net cost
to the Federal Government.
(c) FEES.—An affected institution that receives a modification
to its disaster loan pursuant to section 2601 of Public Law 109–
234 shall pay a fee to the Secretary which shall be credited to
the HBCU Hurricane Supplemental Loan Program. Such fees shall
remain available without fiscal year limitation to pay the modification costs. The amount of the fee paid shall be equal to the modification cost as jointly determined by the Secretary, the Secretary
of the Treasury, and the Director of the Office of Management
and Budget, calculated in accordance with section 502 of the Federal
Credit Reform Act of 1990, as amended, of such loan.
SEC. 308. Section 14006(c)(2) of division A of the American
Recovery and Reinvestment Act of 2009 (as amended by section
1832(b) of division B of Public Law 112–10) is amended by inserting
before the period, ‘‘except that such a State may use its grant
funds to make subgrants to public or private agencies and organizations for activities consistent with the purposes of the grant’’.
SEC. 309. (a) FEDERAL PELL GRANT ELIGIBILITY.—
(1) MINIMUM LEVEL.—Section 401(b)(4) of the HEA (20
U.S.C. 1070a(b)(4)) is amended by striking ‘‘, except that’’ and
all that follows and inserting a period.
(2) DURATION OF AWARD PERIOD.—Section 401(c)(5) of the
HEA (20 U.S.C. 1070a(c)(5)) is amended—
(A) by striking ‘‘18’’ each place it appears and inserting
‘‘12’’; and
(B) by striking the last sentence.
(b) ZERO EXPECTED FAMILY CONTRIBUTION.—Section 479(c) of
the HEA (20 U.S.C. 1087ss(c)) is amended—
(1) in paragraph (1)(B), by striking ‘‘$30,000’’ and inserting
‘‘$23,000’’; and
(2) in paragraph (2)(B), by striking ‘‘$30,000’’ and inserting
‘‘$23,000’’.
(c) STUDENTS WHO ARE NOT HIGH SCHOOL GRADUATES.—
(1) AMENDMENT.—Section 484(d) of the HEA (20 U.S.C.
1091(d)) is amended—
(A) in the matter preceding paragraph (1), by striking
‘‘meet one of the following standards:’’;
(B) by striking paragraphs (1), (2), and (4); and
(C) in paragraph (3), by striking ‘‘(3) The student has’’
and inserting ‘‘have’’; and
(2) TRANSITION.—The amendment made by paragraph (1)
shall apply to students who first enroll in a program of study
on or after July 1, 2012.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1101
(3) CONFORMING CHANGE.—Section 101(a)(1) of the HEA
(20 U.S.C. 1001(a)(1) is amended by striking ‘‘section 484(d)(3)’’
and inserting ‘‘section 484(d)’’.
(d) TEMPORARY ELIMINATION OF INTEREST SUBSIDY DURING STUDENT LOAN GRACE PERIOD.—
(1) Section 428(a)(3)(A)(i)(I) of the HEA (20 U.S.C.
1078(a)(3)(A)(i)(I)) is amended to read as follows:
‘‘(I) which accrues prior to the date the student
ceases to carry at least one-half the normal fulltime academic workload (as determined by the
institution), or’’.
(2) The amendment made by paragraph (1) shall apply
to new Federal Direct Stafford Loans made on or after July
1, 2012 and before July 1, 2014.
(e) REVISED SPECIAL ALLOWANCE CALCULATION.—
(1) REVISED CALCULATION RULE.—Section 438(b)(2)(I) of the
HEA (20 U.S.C. 1087–1(b)(2)(I)) is amended by adding at the
end the following:
‘‘(vii) REVISED CALCULATION RULE TO REFLECT
FINANCIAL MARKET CONDITIONS.—
‘‘(I) CALCULATION BASED ON LIBOR.—For the
calendar quarter beginning on April 1, 2012 and
each subsequent calendar quarter, in computing
the special allowance paid pursuant to this subsection with respect to loans described in subclause
(II), clause (i)(I) of this subparagraph shall be
applied by substituting ‘of the 1-month London
Inter Bank Offered Rate (LIBOR) for United States
dollars in effect for each of the days in such quarter
as compiled and released by the British Bankers
Association’ for ‘of the quotes of the 3-month
commercial paper (financial) rates in effect for each
of the days in such quarter as reported by the
Federal Reserve in Publication H–15 (or its successor) for such 3-month period’.
‘‘(II) LOANS ELIGIBLE FOR LIBOR-BASED CALCULATION.—The special allowance paid pursuant
to this subsection shall be calculated as described
in subclause (I) with respect to special allowance
payments for the 3-month period ending June 30,
2012, and each succeeding 3-month period, on
loans for which the first disbursement is made
on or after January 1, 2000, and before July 1,
2010, if, not later than April 1, 2012, the holder
of the loan (or, if the holder acts as eligible lender
trustee for the beneficial owner of the loan, the
beneficial owner of the loan), affirmatively and
permanently waives all contractual, statutory, or
other legal rights to a special allowance paid
pursuant to this subsection that is calculated using
the formula in effect at the time the loans were
first disbursed.
‘‘(III) TERMS OF WAIVER.—
‘‘(aa) IN GENERAL.—A waiver pursuant to
subclause (II) shall be in a form (printed or
electronic) prescribed by the Secretary, and
shall be applicable to—
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Applicability.
Time period.
20 USC 1078
note.
Applicability.
Time periods.
Applicability.
PUBL074
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125 STAT. 1102
PUBLIC LAW 112–74—DEC. 23, 2011
‘‘(AA) all loans described in such subclause that the lender holds solely in its
own right under any lender identification
number associated with the holder (pursuant to section 487B);
‘‘(BB) all loans described in such subclause for which the beneficial owner has
the authority to make an election of a
waiver under such subclause, regardless
of the lender identification number associated with the loan or the lender that holds
the loan as eligible lender trustee on
behalf of such beneficial owner; and
‘‘(CC) all future calculations of the
special allowance on loans that, on the
date of such waiver, are loans described
in subitem (AA) or (BB), or that, after
such date, become loans described in
subitem (AA) or (BB).
‘‘(bb) EXCEPTIONS.—Any waiver pursuant
to subclause (II) that is elected for loans
described in subitem (AA) or (BB) of item (aa)
shall not apply to any loan described in such
subitem for which the lender or beneficial
owner of the loan demonstrates to the satisfaction of the Secretary that—
‘‘(AA) in accordance with an agreement entered into before the date of enactment of this section by which such lender
or owner is governed and that applies to
such loans, such lender or owner is not
legally permitted to make an election of
such waiver with respect to such loans
without the approval of one or more third
parties with an interest in the loans, and
that the lender or owner followed all available options under such agreement to
obtain such approval, and was unable to
do so; or
‘‘(BB) such lender or beneficial owner
presented the proposal of electing such
a waiver applicable to such loans associated with an obligation rated by a nationally recognized statistical rating organization (as defined in section 3(a)(62) of the
Securities Exchange Act of 1934), and
such rating organization provided a written opinion that the agency would downgrade the rating applicable to such obligation if the lender or owner elected such
a waiver.’’.
(2) CONFORMING AMENDMENTS.—Section 438(b)(2)(I) of the
HEA (20 U.S.C. 1087–1(b)(2)(I)) is further amended—
(A) in clause (i)(II), by striking ‘‘such average bond
equivalent rate’’ and inserting ‘‘the rate determined under
subclause (I) (in accordance with clause (vii))’’; and
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1103
(B) in clause (v)(III), by striking ‘‘(iv), and (vi)’’ and
inserting ‘‘(iv), (vi), and (vii)’’.
(f) REAPPROPRIATION OF MANDATORY SAVINGS.—Section
401(b)(7)(A)(iv) of the HEA (20 U.S.C. 1070a(b)(7)(A)(iv)) is amended
to read as follows:
‘‘(iv) to carry out this section—
‘‘(I) $13,500,000,000 for fiscal year 2011;
‘‘(II) $13,795,000,000 for fiscal year 2012;
‘‘(III) $7,587,000,000 for fiscal year 2013;
‘‘(IV) $588,000,000 for fiscal year 2014;
‘‘(V) $0 for fiscal year 2015;
‘‘(VI) $0 for fiscal year 2016;
‘‘(VII) $1,574,000,000 for fiscal year 2017;
‘‘(VIII) $1,382,000,000 for fiscal year 2018;
‘‘(IX) $1,409,000,000 for fiscal year 2019;
‘‘(X) $1,430,000,000 for fiscal year 2020; and
‘‘(XI) $1,145,000,000 for fiscal year 2021 and
each succeeding fiscal year.’’.
(g) EFFECTIVE DATE.—The amendments made by subsections
(a), (b), and (c) shall take effect on July 1, 2012.
(h) INAPPLICABILITY OF NEGOTIATED RULEMAKING AND MASTER
CALENDAR EXCEPTION.—Sections 482(c) and 492 of the HEA (20
U.S.C. 1089(c), 1098a) shall not apply to the amendments made
by this section, or to any regulations promulgated under those
amendments.
This title may be cited as the ‘‘Department of Education Appropriations Act, 2012’’.
20 USC 1001
note.
20 USC 1089
note.
TITLE IV
RELATED AGENCIES
COMMITTEE
FOR
PURCHASE FROM PEOPLE WHO ARE BLIND
SEVERELY DISABLED
OR
SALARIES AND EXPENSES
For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled established by Public
Law 92–28, $5,385,000.
CORPORATION
FOR
NATIONAL
AND
COMMUNITY SERVICE
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OPERATING EXPENSES
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ‘‘CNCS’’) to carry
out the Domestic Volunteer Service Act of 1973 (referred to in
this title as ‘‘1973 Act’’) and the National and Community Service
Act of 1990 (referred to in this title as ‘‘1990 Act’’), $751,672,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds
may be used to defray the costs of conducting grant application
reviews, including the use of outside peer reviewers and electronic
management of the grants cycle; (2) $44,900,000 shall be available
for expenses authorized under section 501(a)(4)(E) of the 1990 Act;
(3) $2,000,000 shall be available for expenses to carry out sections
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125 STAT. 1104
PUBLIC LAW 112–74—DEC. 23, 2011
112(e), 179A, and 198O and subtitle J of title I of the 1990 Act,
notwithstanding section 501(a)(6) of the 1990 Act; (4) $13,466,000
shall be available to provide assistance to State commissions on
national and community service, under section 126(a) of the 1990
Act and notwithstanding section 501(a)(5)(B) of the 1990 Act; (5)
$31,942,000 shall be available to carry out subtitle E of the 1990
Act; and (6) $3,992,000 shall be available for expenses authorized
under section 501(a)(4)(F) of the 1990 Act, which, notwithstanding
the provisions of section 198P shall be awarded by CNCS on a
competitive basis: Provided further, That, with respect to amounts
provided under this heading for State Service Commissions, section
126 of the 1990 Act shall be applied by substituting ‘‘$200,000’’
for ‘‘$250,000’’ each place that it appears.
Applicability.
NATIONAL SERVICE TRUST
(INCLUDING TRANSFER OF FUNDS)
Determination.
Notice.
For necessary expenses for the National Service Trust established under subtitle D of title I of the 1990 Act, $212,198,000,
to remain available until expended: Provided, That CNCS may
transfer additional funds from the amount provided within ‘‘Operating Expenses’’ allocated to grants under subtitle C of title I
of the 1990 Act to the National Service Trust upon determination
that such transfer is necessary to support the activities of national
service participants and after notice is transmitted to the Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That amounts appropriated for or transferred to the National Service Trust may be invested under section
145(b) of the 1990 Act without regard to the requirement to apportion funds under 31 U.S.C. 1513(b).
SALARIES AND EXPENSES
For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of the
1973 Act, including payment of salaries, authorized travel, hire
of passenger motor vehicles, the rental of conference rooms in
the District of Columbia, the employment of experts and consultants
authorized under 5 U.S.C. 3109, and not to exceed $2,500 for
official reception and representation expenses, $83,000,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $4,000,000.
ADMINISTRATIVE PROVISIONS
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Notice.
Public comment.
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SEC. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public notice
and comment rulemaking. For fiscal year 2012, during any grant
selection process, an officer or employee of CNCS shall not knowingly disclose any covered grant selection information regarding
such selection, directly or indirectly, to any person other than
an officer or employee of CNCS that is authorized by CNCS to
receive such information.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1105
SEC. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that they
receive AmeriCorps funding, and thereafter shall meet the overall
minimum share requirement as provided in section 2521.60 of title
45, Code of Federal Regulations, without regard to the operating
costs match requirement in section 121(e) or the member support
Federal share limitations in section 140 of the 1990 Act, and subject
to partial waiver consistent with section 2521.70 of title 45, Code
of Federal Regulations.
SEC. 403. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and operations
under titles I and II of the 1973 Act or subtitle B, C, D, or
E of title I of the 1990 Act shall be used to supplement and
not supplant current programs and operations.
SEC. 404. In addition to the requirements in section 146(a)
of the 1990 Act, use of an educational award for the purpose
described in section 148(a)(4) shall be limited to individuals who
are veterans as defined under section 101 of the Act.
CORPORATION
FOR
PUBLIC BROADCASTING
For payment to the Corporation for Public Broadcasting
(referred to in this Act as ‘‘CPB’’), as authorized by the Communications Act of 1934, an amount which shall be available within limitations specified by that Act, for the fiscal year 2014, $445,000,000:
Provided, That none of the funds made available to CPB by this
Act shall be used to pay for receptions, parties, or similar forms
of entertainment for Government officials or employees: Provided
further, That none of the funds made available to CPB by this
Act shall be available or used to aid or support any program
or activity from which any person is excluded, or is denied benefits,
or is discriminated against, on the basis of race, color, national
origin, religion, or sex: Provided further, That none of the funds
made available to CPB by this Act shall be used to apply any
political test or qualification in selecting, appointing, promoting,
or taking any other personnel action with respect to officers, agents,
and employees of CPB: Provided further, That none of the funds
made available to CPB by this Act shall be used to support the
Television Future Fund or any similar purpose.
FEDERAL MEDIATION
Requirements.
42 USC 12571
note.
AND
Discrimination.
Political test.
CONCILIATION SERVICE
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SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation and Conciliation Service (‘‘Service’’) to carry out the functions vested in it
by the Labor-Management Relations Act, 1947, including hire of
passenger motor vehicles; for expenses necessary for the LaborManagement Cooperation Act of 1978; and for expenses necessary
for the Service to carry out the functions vested in it by the
Civil Service Reform Act, $46,250,000: Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery,
for special training activities and other conflict resolution services
and technical assistance, including those provided to foreign governments and international organizations, and for arbitration services
shall be credited to and merged with this account, and shall remain
available until expended: Provided further, That fees for arbitration
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Fees.
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125 STAT. 1106
PUBLIC LAW 112–74—DEC. 23, 2011
services shall be available only for education, training, and professional development of the agency workforce: Provided further, That
the Director of the Service is authorized to accept and use on
behalf of the United States gifts of services and real, personal,
or other property in the aid of any projects or functions within
the Director’s jurisdiction.
FEDERAL MINE SAFETY
AND
HEALTH REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety and Health
Review Commission, $17,637,000.
INSTITUTE
OF
MUSEUM
AND
LIBRARY SERVICES
OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND
ADMINISTRATION
For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and
Culture Act, $232,393,000.
MEDICAID
AND
CHIP PAYMENT
AND
ACCESS COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1900 of the Social
Security Act, $6,000,000.
MEDICARE PAYMENT ADVISORY COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1805 of the Social
Security Act, $11,800,000, to be transferred to this appropriation
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund.
NATIONAL COUNCIL
ON
DISABILITY
SALARIES AND EXPENSES
For expenses necessary for the National Council on Disability
as authorized by title IV of the Rehabilitation Act of 1973,
$3,264,000.
NATIONAL LABOR RELATIONS BOARD
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SALARIES AND EXPENSES
For expenses necessary for the National Labor Relations Board
to carry out the functions vested in it by the Labor-Management
Relations Act, 1947, and other laws, $278,833,000: Provided, That
no part of this appropriation shall be available to organize or
assist in organizing agricultural laborers or used in connection
with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in
section 2(3) of the Act of July 5, 1935, and as amended by the
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1107
Labor-Management Relations Act, 1947, and as defined in section
3(f) of the Act of June 25, 1938, and including in said definition
employees engaged in the maintenance and operation of ditches,
canals, reservoirs, and waterways when maintained or operated
on a mutual, nonprofit basis and at least 95 percent of the water
stored or supplied thereby is used for farming purposes.
ADMINISTRATIVE PROVISION
SEC. 405. None of the funds provided by this Act or previous
Acts making appropriations for the National Labor Relations Board
may be used to issue any new administrative directive or regulation
that would provide employees any means of voting through any
electronic means in an election to determine a representative for
the purposes of collective bargaining.
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $13,436,000.
OCCUPATIONAL SAFETY
AND
HEALTH REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety and Health
Review Commission, $11,689,000.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974,
$51,000,000, which shall include amounts becoming available in
fiscal year 2012 pursuant to section 224(c)(1)(B) of Public Law
98–76; and in addition, an amount, not to exceed 2 percent of
the amount provided herein, shall be available proportional to the
amount by which the product of recipients and the average benefit
received exceeds the amount available for payment of vested dual
benefits: Provided, That the total amount provided herein shall
be credited in 12 approximately equal amounts on the first day
of each month in the fiscal year.
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FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2013, which shall be the maximum
amount available for payment pursuant to section 417 of Public
Law 98–76.
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125 STAT. 1108
PUBLIC LAW 112–74—DEC. 23, 2011
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement Board
(‘‘Board’’) for administration of the Railroad Retirement Act and
the Railroad Unemployment Insurance Act, $108,855,000, to be
derived in such amounts as determined by the Board from the
railroad retirement accounts and from moneys credited to the railroad unemployment insurance administration fund.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $8,170,000, to be
derived from the railroad retirement accounts and railroad
unemployment insurance account.
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund, as
provided under sections 201(m), 228(g), and 1131(b)(2) of the Social
Security Act, $20,404,000.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92–603, section 212 of Public Law 93–
66, as amended, and section 405 of Public Law 95–216, including
payment to the Social Security trust funds for administrative
expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $37,582,991,000, to remain available until expended: Provided, That any portion of the funds provided to a State in the
current fiscal year and not obligated by the State during that
year shall be returned to the Treasury: Provided further, That
not more than $8,000,000 shall be available for research and demonstrations under sections 1110 and 1144 of the Social Security
Act and remain available through September 30, 2013.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security
Act, for unanticipated costs incurred for the current fiscal year,
such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2013,
$18,200,000,000, to remain available until expended.
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LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $20,000 for official reception
and representation expenses, not more than $10,555,494,000 may
be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to in
such section: Provided, That not less than $2,150,000 shall be
for the Social Security Advisory Board: Provided further, That
unobligated balances of funds provided under this paragraph at
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1109
the end of fiscal year 2012 not needed for fiscal year 2012 shall
remain available until expended to invest in the Social Security
Administration information technology and telecommunications
hardware and software infrastructure, including related equipment
and non-payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure: Provided further, That the Commissioner of Social Security shall notify
the Committees on Appropriations of the House of Representatives
and the Senate prior to making unobligated balances available
under the authority in the previous proviso: Provided further, That
reimbursement to the trust funds under this heading for expenditures for official time for employees of the Social Security Administration pursuant to 5 U.S.C. 7131, and for facilities or support
services for labor organizations pursuant to policies, regulations,
or procedures referred to in section 7135(b) of such title shall
be made by the Secretary of the Treasury, with interest, from
amounts in the general fund not otherwise appropriated, as soon
as possible after such expenditures are made.
In addition, for continuing disability reviews under titles II
and XVI of the Social Security Act and for the cost associated
with conducting redeterminations of eligibility under title XVI of
the Social Security Act, $274,000,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one
or all of the trust funds referred to therein: Provided, That the
Commissioner shall provide to the Congress (at the conclusion
of the fiscal year) a report on the obligation and expenditure of
these funds, similar to the reports that were required by section
103(d)(2) of Public Law 104–121 for fiscal years 1996 through
2002.
In addition, $161,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3)
of Public Law 93–66, which shall remain available until expended.
To the extent that the amounts collected pursuant to such sections
in fiscal year 2012 exceed $161,000,000, the amounts shall be
available in fiscal year 2013 only to the extent provided in advance
in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act,
which shall remain available until expended.
Notification.
Deadline.
Reports.
OFFICE OF INSPECTOR GENERAL
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(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $28,942,000, together with not to exceed $73,535,000, to be
transferred and expended as authorized by section 201(g)(1) of
the Social Security Act from the Federal Old-Age and Survivors
Insurance Trust Fund and the Federal Disability Insurance Trust
Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ‘‘Limitation on Administrative Expenses’’, Social Security Administration,
to be merged with this account, to be available for the time and
purposes for which this account is available: Provided, That notice
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Notice.
Deadline.
PUBL074
125 STAT. 1110
PUBLIC LAW 112–74—DEC. 23, 2011
of such transfers shall be transmitted promptly to the Committees
on Appropriations of the House of Representatives and the Senate
at least 15 days in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(TRANSFER OF FUNDS)
Lobbying.
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Gun control.
VerDate Nov 24 2008
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SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances
of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall
be used for the same purpose, and for the same periods of time,
for which they were originally appropriated.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 503. (a) No part of any appropriation contained in this
Act or transferred pursuant to section 4002 of Public Law 111–
148 shall be used, other than for normal and recognized executivelegislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, electronic communication, radio, television, or video
presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State
or local legislature itself, or designed to support or defeat any
proposed or pending regulation, administrative action, or order
issued by the executive branch of any State or local government,
except in presentation to the executive branch of any State or
local government itself.
(b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed
to influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before
the Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and recognized
executive-legislative relationships or participation by an agency or
officer of a State, local or tribal government in policymaking and
administrative processes within the executive branch of that government.
(c) The prohibitions in subsections (a) and (b) shall include
any activity to advocate or promote any proposed, pending or future
Federal, State or local tax increase, or any proposed, pending,
or future requirement or restriction on any legal consumer product,
including its sale or marketing, including but not limited to the
advocacy or promotion of gun control.
SEC. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles
I and III, respectively, for official reception and representation
expenses; the Director of the Federal Mediation and Conciliation
Service is authorized to make available for official reception and
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1111
representation expenses not to exceed $5,000 from the funds available for ‘‘Federal Mediation and Conciliation Service, Salaries and
Expenses’’; and the Chairman of the National Mediation Board
is authorized to make available for official reception and representation expenses not to exceed $5,000 from funds available for
‘‘National Mediation Board, Salaries and Expenses’’.
SEC. 505. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this Act,
including but not limited to State and local governments and recipients of Federal research grants, shall clearly state—
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project
or program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
SEC. 506. (a) None of the funds appropriated in this Act, and
none of the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated in
this Act, shall be expended for health benefits coverage that includes
coverage of abortion.
(c) The term ‘‘health benefits coverage’’ means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
SEC. 507. (a) The limitations established in the preceding section shall not apply to an abortion—
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a lifeendangering physical condition caused by or arising from the
pregnancy itself, that would, as certified by a physician, place
the woman in danger of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State’s or
locality’s contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State’s or locality’s contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide,
pay for, provide coverage of, or refer for abortions.
(2) In this subsection, the term ‘‘health care entity’’ includes
an individual physician or other health care professional, a hospital,
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Abortion.
Definition.
Abortion.
Definition.
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125 STAT. 1112
Human embryos.
Definition.
Drugs and drug
abuse.
Health and
health care.
Contracts.
Reports.
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PUBLIC LAW 112–74—DEC. 23, 2011
a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care
facility, organization, or plan.
SEC. 508. (a) None of the funds made available in this Act
may be used for—
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses
in utero under 45 CFR 46.204(b) and section 498(b) of the
Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ‘‘human embryo
or embryos’’ includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or
any other means from one or more human gametes or human
diploid cells.
SEC. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the schedules
of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executivecongressional communications.
(b) The limitation in subsection (a) shall not apply when there
is significant medical evidence of a therapeutic advantage to the
use of such drug or other substance or that federally sponsored
clinical trials are being conducted to determine therapeutic advantage.
SEC. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act providing for, or providing for
the assignment of, a unique health identifier for an individual
(except in an individual’s capacity as an employer or a health
care provider), until legislation is enacted specifically approving
the standard.
SEC. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if—
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary
of Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required
by that section for the most recent year for which such requirement was applicable to such entity.
SEC. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriation Act.
SEC. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section 224(f)
of such Act, as amended by the Children’s Internet Protection
Act, unless such library has made the certifications required by
paragraph (4) of such section.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1113
SEC. 514. None of the funds made available by this Act to
carry out part D of title II of the Elementary and Secondary
Education Act of 1965 may be made available to any elementary
or secondary school covered by paragraph (1) of section 2441(a)
of such Act, as amended by the Children’s Internet Protection
Act and the No Child Left Behind Act, unless the local educational
agency with responsibility for such covered school has made the
certifications required by paragraph (2) of such section.
SEC. 515. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in fiscal year 2012, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds that—
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such
reprogramming or of an announcement of intent relating to such
reprogramming, whichever occurs earlier.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 2012, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds in excess of $500,000
or 10 percent, whichever is less, that—
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such
reprogramming or of an announcement of intent relating to such
reprogramming, whichever occurs earlier.
SEC. 516. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political affiliation
or voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
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Certifications.
Deadlines.
Notifications.
Political
disclosures.
PUBL074
125 STAT. 1114
Deadline.
Operating plan.
Reports.
Deadline.
Contracts.
Grants.
Certification.
Claims.
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PUBLIC LAW 112–74—DEC. 23, 2011
(b) None of the funds made available in this Act may be
used to disseminate information that is deliberately false or misleading.
SEC. 517. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit
an operating plan that details at the program, project, and activity
level any funding allocations for fiscal year 2012 that are different
than those specified in this Act, the accompanying detailed table
in the statement of the managers on the conference report accompanying this Act, or the fiscal year 2012 budget request.
SEC. 518. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the
Senate a report on the number and amount of contracts, grants,
and cooperative agreements exceeding $500,000 in value and
awarded by the Department on a non-competitive basis during
each quarter of fiscal year 2012, but not to include grants awarded
on a formula basis or directed by law. Such report shall include
the name of the contractor or grantee, the amount of funding,
the governmental purpose, including a justification for issuing the
award on a non-competitive basis. Such report shall be transmitted
to the Committees within 30 days after the end of the quarter
for which the report is submitted.
SEC. 519. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in excess
of such amount unless the prospective contractor or grantee certifies
in writing to the agency awarding the contract or grant that,
to the best of its knowledge and belief, the contractor or grantee
has filed all Federal tax returns required during the 3 years preceding the certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has not, more than
90 days prior to certification, been notified of any unpaid Federal
tax assessment for which the liability remains unsatisfied, unless
the assessment is the subject of an installment agreement or offer
in compromise that has been approved by the Internal Revenue
Service and is not in default, or the assessment is the subject
of a non-frivolous administrative or judicial proceeding.
SEC. 520. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social Security,
for purposes of administering Social Security benefit payments
under title II of the Social Security Act, to process any claim
for credit for a quarter of coverage based on work performed under
a social security account number that is not the claimant’s number
and the performance of such work under such number has formed
the basis for a conviction of the claimant of a violation of section
208(a)(6) or (7) of the Social Security Act.
SEC. 521. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social Security Administration to pay the compensation of employees of the
Social Security Administration to administer Social Security benefit
payments, under any agreement between the United States and
Mexico establishing totalization arrangements between the social
security system established by title II of the Social Security Act
and the social security system of Mexico, which would not otherwise
be payable but for such agreement.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1115
(RESCISSION)
SEC. 522. Of the funds made available for performance bonus
payments under section 2105(a)(3)(E) of the Social Security Act,
$6,367,964,000 are hereby rescinded.
SEC. 523. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to carry out any
program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.
Needle
distribution.
(RESCISSION)
SEC. 524. Of the funds made available under section 1322
of Public Law 111–148, $400,000,000 are rescinded.
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(RESCISSION)
SEC. 525. Of the funds made available for fiscal year 2012
under section 3403 of Public Law 111–148, $10,000,000 are
rescinded.
SEC. 526. Not later than 30 days after the end of each calendar
quarter, beginning with the first quarter of fiscal year 2013, the
Departments of Labor, Health and Human Services and Education
and the Social Security Administration shall provide the Committees on Appropriations of the House of Representatives and Senate
a quarterly report on the status of balances of appropriations:
Provided, That for balances that are unobligated and uncommitted,
committed, and obligated but unexpended, the quarterly reports
shall separately identify the amounts attributable to each source
year of appropriation (beginning with fiscal year 2012, or, to the
extent feasible, earlier fiscal years) from which balances were
derived.
SEC. 527. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby
rescinded an amount equal to 0.189 percent of—
(1) the budget authority provided for fiscal year 2012 for
any discretionary account of this Act; and
(2) the budget authority provided in any advance appropriation for fiscal year 2012 for any discretionary account in prior
Acts making appropriations for the Departments of Labor,
Health and Human Services, and Education, and Related Agencies.
(b) PROPORTIONATE APPLICATION.—Any rescission made by subsection (a) shall be applied proportionately—
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in this Act or the accompanying statement of
managers).
(c) EXCEPTION.—This section shall not apply to discretionary
authority appropriated for the Federal Pell Grants program under
the heading ‘‘Department of Education, Student Financial Assistance’’.
(d) OMB REPORT.—Within 30 days after the date of the enactment of this section, the Director of the Office of Management
and Budget shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a report specifying
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Deadlines.
Reports.
31 USC 1502
note.
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125 STAT. 1116
PUBLIC LAW 112–74—DEC. 23, 2011
the account and amount of each rescission made pursuant to this
section.
This division may be cited as the ‘‘Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations Act, 2012’’.
Legislative
Branch
Appropriations
Act, 2012.
2 USC 60a note.
DIVISION G—LEGISLATIVE BRANCH APPROPRIATIONS
ACT, 2012
TITLE I
LEGISLATIVE BRANCH
SENATE
EXPENSE ALLOWANCES
For expense allowances of the Vice President, $18,760; the
President Pro Tempore of the Senate, $37,520; Majority Leader
of the Senate, $39,920; Minority Leader of the Senate, $39,920;
Majority Whip of the Senate, $9,980; Minority Whip of the Senate,
$9,980; Chairmen of the Majority and Minority Conference Committees, $4,690 for each Chairman; and Chairmen of the Majority
and Minority Policy Committees, $4,690 for each Chairman; in
all, $174,840.
REPRESENTATION ALLOWANCES FOR THE MAJORITY
LEADERS
AND
MINORITY
For representation allowances of the Majority and Minority
Leaders of the Senate, $14,070 for each such Leader; in all, $28,140.
SALARIES, OFFICERS
AND
EMPLOYEES
For compensation of officers, employees, and others as authorized by law, including agency contributions, $175,763,738, which
shall be paid from this appropriation without regard to the following
limitations:
OFFICE OF THE VICE PRESIDENT
For the Office of the Vice President, $2,361,248.
OFFICE OF THE PRESIDENT PRO TEMPORE
For the Office of the President Pro Tempore, $705,466.
OFFICES OF THE MAJORITY AND MINORITY LEADERS
For Offices of the Majority and Minority Leaders, $5,201,576.
OFFICES OF THE MAJORITY AND MINORITY WHIPS
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For Offices of the Majority and Minority Whips, $3,281,424.
COMMITTEE ON APPROPRIATIONS
For salaries of the Committee on Appropriations, $14,863,573.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1117
CONFERENCE COMMITTEES
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman
of each such committee, $1,619,195 for each such committee; in
all, $3,238,390.
OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY
AND THE CONFERENCE OF THE MINORITY
For Offices of the Secretaries of the Conference of the Majority
and the Conference of the Minority, $797,402.
POLICY COMMITTEES
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,653,905 for each such committee; in all,
$3,307,810.
OFFICE OF THE CHAPLAIN
For Office of the Chaplain, $405,886.
OFFICE OF THE SECRETARY
For Office of the Secretary, $24,194,115.
OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER
For Office
$73,000,000.
of
the
Sergeant
at
Arms
and
Doorkeeper,
OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY
For Offices of the Secretary for the Majority and the Secretary
for the Minority, $1,722,388.
AGENCY CONTRIBUTIONS AND RELATED EXPENSES
For agency contributions for employee benefits, as authorized
by law, and related expenses, $42,684,460.
OFFICE
OF THE
LEGISLATIVE COUNSEL
OF THE
SENATE
For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $6,995,300.
OFFICE
OF
SENATE LEGAL COUNSEL
For salaries and expenses of the Office of Senate Legal Counsel,
$1,449,000.
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EXPENSE ALLOWANCES OF THE SECRETARY OF THE SENATE, SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE, AND SECRETARIES FOR THE MAJORITY AND MINORITY OF THE SENATE
For expense allowances of the Secretary of the Senate, $7,110;
Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary
for the Majority of the Senate, $7,110; Secretary for the Minority
of the Senate, $7,110; in all, $28,440.
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PUBL074
125 STAT. 1118
PUBLIC LAW 112–74—DEC. 23, 2011
CONTINGENT EXPENSES
OF THE
SENATE
INQUIRIES AND INVESTIGATIONS
For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96–304), and
Senate Resolution 281, 96th Congress, agreed to March 11, 1980,
$131,305,860, of which $26,650,000 shall be available until September 30, 2014.
EXPENSES OF THE UNITED STATES SENATE CAUCUS ON
INTERNATIONAL NARCOTICS CONTROL
For expenses of the United States Senate Caucus on International Narcotics Control, $487,822.
SECRETARY OF THE SENATE
For expenses of the Office of the Secretary of the Senate
$5,816,344 of which $4,200,000 shall remain available until September 30, 2016.
SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE
For expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, $130,722,080, which shall remain available
until September 30, 2016.
MISCELLANEOUS ITEMS
For miscellaneous items, $19,360,000, which shall remain available until September 30, 2014.
SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT
For Senators’ Official Personnel and Office Expense Account,
$396,180,000 of which $18,921,206 shall remain available until
September 30, 2014.
OFFICIAL MAIL COSTS
For expenses necessary for official mail costs of the Senate,
$281,436.
ADMINISTRATIVE PROVISION
PAYMENT OF CERTAIN EXPENSES
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2 USC 68f.
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SEC. 1. (a) IN GENERAL.—Subject to the approval of the Committee on Appropriations of the Senate, if in any fiscal year amounts
in any appropriations account under the heading ‘‘SENATE’’ under
the heading ‘‘LEGISLATIVE BRANCH’’ are available for more than
1 fiscal year, the Secretary of the Senate may establish procedures
for the payment of expenses with respect to that account from
any amounts available for that fiscal year.
(b) EFFECTIVE DATE.—This section shall apply to fiscal year
2012 and each fiscal year thereafter.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1119
HOUSE OF REPRESENTATIVES
SALARIES
AND
EXPENSES
For salaries and expenses of the House of Representatives,
$1,225,680,000, as follows:
HOUSE LEADERSHIP OFFICES
For salaries and expenses, as authorized by law, $23,275,773,
including: Office of the Speaker, $6,942,770, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,277,595, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $7,432,812, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$1,971,050, including $5,000 for official expenses of the Majority
Whip; Office of the Minority Whip, including the Chief Deputy
Minority Whip, $1,524,951, including $5,000 for official expenses
of the Minority Whip; Republican Conference, $1,572,788; Democratic Caucus, $1,553,807. In addition to the amounts made available above, for salaries and expenses under this heading, to be
available during the period beginning September 30, 2012, and
ending December 31, 2013; $5,818,948, including: Office of the
Speaker, $1,735,694, including $6,250 for official expenses of the
Speaker; Office of the Majority Floor Leader, $569,399, including
$2,500 for official expenses of the Majority Leader; Office of the
Minority Floor Leader, $1,858,205, including $2,500 for official
expenses of the Minority Leader; Office of the Majority Whip,
including the Chief Deputy Majority Whip, $492,763, including
$1,250 for official expenses of the Majority Whip; Office of the
Minority Whip, including the Chief Deputy Minority Whip,
$381,238, including $1,250 for official expenses of the Minority
Whip; Republican Conference, $393,197; Democratic Caucus,
$388,452.
MEMBERS’ REPRESENTATIONAL ALLOWANCES
INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL EXPENSES
MEMBERS, AND OFFICIAL MAIL
OF
For Members’ representational allowances, including Members’
clerk hire, official expenses, and official mail, $573,939,282.
COMMITTEE EMPLOYEES
STANDING COMMITTEES, SPECIAL
AND
SELECT
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $125,964,870: Provided,
That such amount shall remain available for such salaries and
expenses until December 31, 2012.
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COMMITTEE
ON
APPROPRIATIONS
For salaries and expenses of the Committee on Appropriations,
$26,665,785, including studies and examinations of executive agencies and temporary personal services for such committee, to be
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PUBL074
125 STAT. 1120
PUBLIC LAW 112–74—DEC. 23, 2011
expended in accordance with section 202(b) of the Legislative
Reorganization Act of 1946 and to be available for reimbursement
to agencies for services performed: Provided, That such amount
shall remain available for such salaries and expenses until
December 31, 2012.
SALARIES, OFFICERS
AND
EMPLOYEES
For salaries and expenses of officers and employees, as authorized by law, $177,628,400, including: for salaries and expenses
of the Office of the Clerk, including not more than $23,000, of
which not more than $20,000 is for the Family Room, for official
representation and reception expenses, $26,114,400, of which
$2,000,000 shall remain available until expended; for salaries and
expenses of the Office of the Sergeant at Arms, including the
position of Superintendent of Garages and the Office of Emergency
Management, and including not more than $3,000 for official representation and reception expenses, $12,585,000 of which $4,445,000
shall remain available until expended; for salaries and expenses
of the Office of the Chief Administrative Officer including not more
than $3,000 for official representation and reception expenses,
$116,782,000, of which $3,937,000 shall remain available until
expended; for salaries and expenses of the Office of the Inspector
General, $5,045,000; for salaries and expenses of the Office of
General Counsel, $1,415,000; for the Office of the Chaplain,
$179,000; for salaries and expenses of the Office of the Parliamentarian, including the Parliamentarian, $2,000 for preparing the
Digest of Rules, and not more than $1,000 for official representation
and reception expenses, $2,060,000; for salaries and expenses of
the Office of the Law Revision Counsel of the House, $3,258,000;
for salaries and expenses of the Office of the Legislative Counsel
of the House, $8,814,000; for salaries and expenses of the Office
of Interparliamentary Affairs, $859,000; for other authorized
employees, $347,000; and for salaries and expenses of the Historian,
$170,000.
ALLOWANCES
AND
EXPENSES
For allowances and expenses as authorized by House resolution
or law, $292,386,942, including: supplies, materials, administrative
costs and Federal tort claims, $3,696,118; official mail for committees, leadership offices, and administrative offices of the House,
$201,000; Government contributions for health, retirement, Social
Security, and other applicable employee benefits, $264,848,219;
Business Continuity and Disaster Recovery, $17,112,072, of which
$5,000,000 shall remain available until expended; transition activities for new members and staff, $1,721,533; Wounded Warrior Program $2,500,000, to remain available until expended; Office of
Congressional Ethics, $1,548,000; and miscellaneous items including
purchase, exchange, maintenance, repair and operation of House
motor vehicles, interparliamentary receptions, and gratuities to
heirs of deceased employees of the House, $760,000.
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ADMINISTRATIVE PROVISIONS
SEC. 101. (a) REQUIRING AMOUNTS REMAINING IN MEMBERS’
REPRESENTATIONAL ALLOWANCES TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE THE FEDERAL DEBT.—Notwithstanding any
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125 STAT. 1121
other provision of law, any amounts appropriated under this Act
for ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND EXPENSES—
MEMBERS’ REPRESENTATIONAL ALLOWANCES’’ shall be available only
for fiscal year 2012. Any amount remaining after all payments
are made under such allowances for fiscal year 2012 shall be
deposited in the Treasury and used for deficit reduction (or, if
there is no Federal budget deficit after all such payments have
been made, for reducing the Federal debt, in such manner as
the Secretary of the Treasury considers appropriate).
(b) REGULATIONS.—The Committee on House Administration
of the House of Representatives shall have authority to prescribe
regulations to carry out this section.
(c) DEFINITION.—As used in this section, the term ‘‘Member
of the House of Representatives’’ means a Representative in, or
a Delegate or Resident Commissioner to, the Congress.
REPUBLICAN POLICY COMMITTEE
SEC. 102. (a) Section 109(a) of the Legislative Branch Appropriations Act, 2005 (2 U.S.C. 74a–13(a)) is amended by striking
‘‘the chair of the Republican Conference’’ and inserting the following:
‘‘the Speaker of the House of Representatives (or, if the Speaker
is not a member of the Republican Party, the Minority Leader
of the House of Representatives)’’.
(b) Section 109(b) of such Act (2 U.S.C. 74a–13(b)) is amended
by striking the period at the end and inserting the following: ‘‘,
and which shall be obligated and expended as directed by the
Speaker (or, if the Speaker is not a member of the Republican
party, the Minority Leader).’’.
(c) The amendment made by subsection (a) shall apply with
respect to fiscal year 2012 and each succeeding fiscal year.
Applicability.
2 USC 74a–13
note.
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AUTHORITY OF SPEAKER AND MINORITY LEADER TO ALLOCATE
FUNDS AMONG CERTAIN HOUSE LEADERSHIP OFFICES
SEC. 103. (a) AUTHORITY OF SPEAKER.—
(1) AUTHORITY DESCRIBED.—Notwithstanding any other
provision of law (including any provision of law that sets forth
an allowance for official expenses), the amount appropriated
or otherwise made available during a Congress for the salaries
and expenses of any office or authority described in paragraph
(2) shall be the amount allocated for such office or authority
by the Speaker of the House of Representatives from the aggregate amount appropriated or otherwise made available for all
such offices and authorities.
(2) OFFICES AND AUTHORITIES DESCRIBED.—The offices and
authorities described in this paragraph are as follows:
(A) The Office of the Speaker.
(B) The Speaker’s Office for Legislative Floor Activities.
(C) The Republican Steering Committee (if the Speaker
is a member of the Republican party) or the Democratic
Steering and Policy Committee (if the Speaker is a member
of the Democratic party).
(D) The Republican Policy Committee (if the Speaker
is a member of the Republican party).
(E) Training and program development—majority (as
described under the heading ‘‘House leadership offices’’ in
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2 USC 74a–11a.
PUBL074
125 STAT. 1122
PUBLIC LAW 112–74—DEC. 23, 2011
the most recent bill making appropriations for the legislative branch that was enacted prior to the date of the
enactment of this Act).
(F) Cloakroom personnel—majority (as so described).
(b) AUTHORITY OF MINORITY LEADER.—
(1) AUTHORITY DESCRIBED.—Notwithstanding any other
provision of law (including any provision of law that sets forth
an allowance for official expenses), the amount appropriated
or otherwise made available during a Congress for the salaries
and expenses of any office or authority described in paragraph
(2) shall be the amount allocated for such office or authority
by the Minority Leader of the House of Representatives from
the aggregate amount appropriated or otherwise made available
for all such offices and authorities.
(2) OFFICES AND AUTHORITIES DESCRIBED.—The offices and
authorities described in this paragraph are as follows:
(A) The Office of the Minority Leader.
(B) The Democratic Steering and Policy Committee
(if the Minority Leader is a member of the Democratic
party) or the Republican Steering Committee (if the
Minority Leader is a member of the Republican party).
(C) The Republican Policy Committee (if the Minority
Leader is a member of the Republican party).
(D) Training and program development—minority (as
described under the heading ‘‘House leadership offices’’ in
the most recent bill making appropriations for the legislative branch that was enacted prior to the date of the
enactment of this Act).
(E) Cloakroom personnel—minority (as so described).
(F) Nine minority employees (as so described).
(c) EFFECTIVE DATE.—This section shall apply with respect
to any months occurring during the One Hundred Twelfth Congress
that begin after the date of the enactment of this Act, and to
any succeeding Congress.
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REPUBLICAN CONFERENCE AND THE DEMOCRATIC STEERING
POLICY COMMITTEE
AND
SEC. 104. (a) Section 103(b) of the Legislative Branch Appropriations Act, 1999 (2 U.S.C. 74a–8(b)) is amended—
(1) in the matter preceding paragraph (1), by striking ‘‘Subject to the allocation described in subsection (c), funds’’ and
inserting ‘‘Funds’’;
(2) in paragraph (1), by striking ‘‘direct;’’ and inserting
the following: ‘‘direct (or, if the Speaker is not a member of
the Republican Party, under such terms and conditions as
the Minority Leader of the House of Representatives may
direct);’’; and
(3) in paragraph (2), by striking ‘‘direct.’’ and inserting
the following: ‘‘direct (or, if the Speaker is a member of the
Democratic Party, under such terms and conditions as the
Speaker may direct).’’.
(b) Section 103 of such Act (2 U.S.C. 74a–8(c)) is amended—
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1123
(c) The amendments made by this section shall take effect
as if included in the enactment of the Legislative Branch Appropriations Act, 1999.
TRANSFER OF HOUSE EMERGENCY PLANNING, PREPAREDNESS,
OPERATIONS FUNCTIONS TO SERGEANT AT ARMS
Effective date.
2 USC 74a–8
note.
AND
SEC. 105. Effective February 1, 2010—
(1) section 905 of the Emergency Supplemental Act, 2002
(2 U.S.C. 130i) is repealed; and
(2) the functions and responsibilities of the Office of Emergency Planning, Preparedness and Operations under section
905 of such Act are transferred and assigned to the Sergeant
at Arms of the House of Representatives.
Effective date.
Repeal.
JOINT ITEMS
For Joint Committees, as follows:
JOINT ECONOMIC COMMITTEE
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
JOINT CONGRESSIONAL COMMITTEE ON INAUGURAL CEREMONIES
2013
OF
For salaries and expenses associated with conducting the inaugural ceremonies of the President and Vice President of the United
States, January 20, 2013, in accordance with such program as
may be adopted by the joint congressional committee authorized
to conduct the inaugural ceremonies of 2013, $1,237,000 to be
disbursed by the Secretary of the Senate and to remain available
until September 30, 2013. Funds made available under this heading
shall be available for payment, on a direct or reimbursable basis,
whether incurred on, before, or after, October 1, 2012: Provided,
That the compensation of any employee of the Committee on Rules
and Administration of the Senate who has been designated to
perform service with respect to the inaugural ceremonies of 2013
shall continue to be paid by the Committee on Rules and Administration, but the account from which such staff member is paid
may be reimbursed for the services of the staff member (including
agency contributions when appropriate) out of funds made available
under this heading.
JOINT COMMITTEE
ON
TAXATION
For salaries and expenses of the Joint Committee on Taxation,
$10,004,000, to be disbursed by the Chief Administrative Officer
of the House of Representatives.
For other joint items, as follows:
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OFFICE
OF THE
ATTENDING PHYSICIAN
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including: (1) an allowance of $2,175 per month to the
Attending Physician; (2) an allowance of $1,300 per month to the
Senior Medical Officer; (3) an allowance of $725 per month each
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PUBLIC LAW 112–74—DEC. 23, 2011
to three medical officers while on duty in the Office of the Attending
Physician; (4) an allowance of $725 per month to 2 assistants
and $580 per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and (5) $2,427,000 for
reimbursement to the Department of the Navy for expenses incurred
for staff and equipment assigned to the Office of the Attending
Physician, which shall be advanced and credited to the applicable
appropriation or appropriations from which such salaries, allowances, and other expenses are payable and shall be available for
all the purposes thereof, $3,400,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
OFFICE
OF
CONGRESSIONAL ACCESSIBILITY SERVICES
SALARIES
AND
EXPENSES
For salaries and expenses of the Office of Congressional Accessibility Services, $1,363,000, to be disbursed by the Secretary of
the Senate.
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ADMINISTRATIVE PROVISION
2 USC 60c–5
note.
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SEC. 1001. (a) IN GENERAL.—Section 102(a) of the Legislative
Branch Appropriations Act, 2002 (2 U.S.C. 60c–5(a)) is amended—
(1) in paragraph (1), by inserting ‘‘, except as provided
under subsection (b)(3)’’ after ‘‘means an individual’’; and
(2) by striking paragraphs (2) and (3) and inserting the
following:
‘‘(2) EMPLOYEE OF THE SENATE.—The term ‘employee of
the Senate’—
‘‘(A) has the meaning given the term under section
101 of the Congressional Accountability Act of 1995 (2
U.S.C. 1301); and
‘‘(B) includes any employee of the Office of Congressional Accessibility Services whose pay is disbursed by
the Secretary of the Senate.
‘‘(3) EMPLOYING OFFICE.—The term ‘employing office’—
‘‘(A) means the employing office, as defined under section 101 of the Congressional Accountability Act of 1995
(2 U.S.C. 1301), of an employee of the Senate; and
‘‘(B) includes the Office of Congressional Accessibility
Services with respect to employees of that office whose
pay is disbursed by the Secretary of the Senate.’’.
(b) EXCLUSION FROM PARTICIPATION IN DUAL PROGRAMS.—Section 102(b) of the Legislative Branch Appropriations Act, 2002
(2 U.S.C. 60c–5(b)) is amended by adding at the end the following:
‘‘(3) EXCLUSION FROM PARTICIPATION IN DUAL PROGRAMS.—
Notwithstanding section 5379 of title 5, United States Code,
an employee of the Office of Congressional Accessibility Services
may not participate in the student loan repayment program
through an agreement under that section and participate in
the student loan repayment program through a service agreement under this section at the same time.’’.
(c) EFFECTIVE DATE AND APPLICATION.—The amendments made
by this section shall take effect on the date of enactment of this
Act and apply to service agreements entered into under section
102 of the Legislative Branch Appropriations Act, 2002 (2 U.S.C.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1125
60c–5) or section 5379 of title 5, United States Code, on or after
that date.
CAPITOL POLICE
SALARIES
For salaries of employees of the Capitol Police, including overtime, hazardous duty pay differential, and Government contributions for health, retirement, social security, professional liability
insurance, and other applicable employee benefits, $277,133,000,
to be disbursed by the Chief of the Capitol Police or his designee.
GENERAL EXPENSES
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment
and installation, uniforms, weapons, supplies, materials, training,
medical services, forensic services, stenographic services, personal
and professional services, the employee assistance program, the
awards program, postage, communication services, travel advances,
relocation of instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol Police
in connection with official representation and reception expenses,
$63,004,000, of which $2,400,000 shall remain available until September 30, 2014, to be disbursed by the Chief of the Capitol Police
or his designee: Provided, That, notwithstanding any other provision
of law, the cost of basic training for the Capitol Police at the
Federal Law Enforcement Training Center for fiscal year 2012
shall be paid by the Secretary of Homeland Security from funds
available to the Department of Homeland Security.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 1101. Amounts appropriated for fiscal year 2012 for the
Capitol Police may be transferred between the headings ‘‘Salaries’’
and ‘‘General expenses’’ upon the approval of the Committees on
Appropriations of the House of Representatives and the Senate.
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WAIVER BY CHIEF OF CAPITOL POLICE OF CLAIMS ARISING OUT OF
ERRONEOUS PAYMENTS TO OFFICERS AND EMPLOYEES
SEC. 1102. (a) WAIVER OF CLAIM.—Subject to the joint approval
of the Chief Administrative Officer of the House of Representatives
and the Secretary of the Senate, the Chief of the United States
Capitol Police may waive in whole or in part a claim of the United
States against a person arising out of an erroneous payment of
any pay or allowances, other than travel and transportation
expenses and allowances, to an officer, member, or employee of
the United States Capitol Police, if the collection of the claim
would be against equity and good conscience and not in the best
interests of the United States.
(b) INVESTIGATION OF APPLICATION; REPORT.—The Chief shall
investigate each application for the waiver of a claim under subsection (a) and shall submit a written report of the investigation,
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2 USC 1934.
PUBL074
125 STAT. 1126
Applicability.
PUBLIC LAW 112–74—DEC. 23, 2011
including a description of the facts and circumstances of the claim,
to the Chief Administrative Officer of the House of Representatives
and the Secretary of the Senate, except that if the aggregate amount
of the claim involved exceeds $1,500, the Comptroller General may
also investigate the application and submit a written report of
the investigation, including a description of the facts and circumstances of the claim, to the Chief Administrative Officer of
the House of Representatives and the Secretary of the Senate.
(c) PROHIBITION OF WAIVER UNDER CERTAIN CIRCUMSTANCES.—
The Chief may not exercise the authority to waive a claim under
subsection (a) if—
(1) in the Chief’s opinion, there exists in connection with
the claim an indication of fraud, misrepresentation, fault, or
lack of good faith on the part of the officer, member, or employee
involved or of any other person having an interest in obtaining
a waiver of the claim; or
(2) the Chief receives the application for the waiver after
the expiration of the 3-year period that begins on the date
on which the erroneous payment of pay or allowances was
discovered.
(d) CREDIT FOR WAIVER.—In the audit and settlement of
accounts of any accountable officer or official, full credit shall be
given for any amounts with respect to which collection by the
United States is waived under subsection (a).
(e) EFFECT OF WAIVER.—An erroneous payment, the collection
of which is waived under subsection (a), is deemed a valid payment
for all purposes.
(f) CONSTRUCTION WITH OTHER LAWS.—This section does not
affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States.
(g) RULES AND REGULATIONS.—Subject to the approval of the
Chief Administrative Officer of the House of Representatives and
the Secretary of the Senate, the Chief shall promulgate rules and
regulations to carry out this section.
(h) EFFECTIVE DATE.—This section shall apply with respect
to payments of pay and allowances made at any time after the
Chief became the disbursing officer for the United States Capitol
Police pursuant to section 1018(a) of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 1907(a)).
OFFICE OF COMPLIANCE
SALARIES
AND
EXPENSES
For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability Act
of 1995 (2 U.S.C. 1385), $3,817,000, of which $700,000 shall remain
available until September 30, 2013: Provided, That not more than
$500 may be expended on the certification of the Executive Director
of the Office of Compliance in connection with official representation
and reception expenses.
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CONGRESSIONAL BUDGET OFFICE
SALARIES
AND
EXPENSES
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1127
be expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception expenses, $43,787,000.
ARCHITECT OF THE CAPITOL
GENERAL ADMINISTRATION
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for surveys and studies
in connection with activities under the care of the Architect of
the Capitol; for all necessary expenses for the general and administrative support of the operations under the Architect of the Capitol
including the Botanic Garden; electrical substations of the Capitol,
Senate and House office buildings, and other facilities under the
jurisdiction of the Architect of the Capitol; including furnishings
and office equipment; including not more than $5,000 for official
reception and representation expenses, to be expended as the
Architect of the Capitol may approve; for purchase or exchange,
maintenance, and operation of a passenger motor vehicle,
$101,340,000, of which $3,749,000 shall remain available until September 30, 2016.
CAPITOL BUILDING
For all necessary expenses for the maintenance, care and operation of the Capitol, $36,154,000, of which $11,063,000 shall remain
available until September 30, 2016.
CAPITOL GROUNDS
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings,
and the Capitol Power Plant, $9,852,000.
SENATE OFFICE BUILDINGS
For all necessary expenses for the maintenance, care and operation of Senate office buildings; and furniture and furnishings to
be expended under the control and supervision of the Architect
of the Capitol, $71,128,000, of which $13,128,000 shall remain
available until September 30, 2016.
HOUSE OFFICE BUILDINGS
For all necessary expenses for the maintenance, care and operation of the House office buildings, $94,154,000, of which
$45,631,000 shall remain available until September 30, 2016.
In addition, for a payment to the House Historic Buildings
Revitalization Trust Fund, $30,000,000, shall remain available until
expended.
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CAPITOL POWER PLANT
For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; lighting, heating, power (including
the purchase of electrical energy) and water and sewer services
for the Capitol, Senate and House office buildings, Library of Congress buildings, and the grounds about the same, Botanic Garden,
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PUBLIC LAW 112–74—DEC. 23, 2011
Senate garage, and air conditioning refrigeration not supplied from
plants in any of such buildings; heating the Government Printing
Office and Washington City Post Office, and heating and chilled
water for air conditioning for the Supreme Court Building, the
Union Station complex, the Thurgood Marshall Federal Judiciary
Building and the Folger Shakespeare Library, expenses for which
shall be advanced or reimbursed upon request of the Architect
of the Capitol and amounts so received shall be deposited into
the Treasury to the credit of this appropriation, $123,229,000, of
which $37,617,000 shall remain available until September 30, 2016:
Provided, That not more than $9,000,000 of the funds credited
or to be reimbursed to this appropriation as herein provided shall
be available for obligation during fiscal year 2012.
LIBRARY BUILDINGS
AND
GROUNDS
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and
grounds, $46,876,000, of which $21,116,000 shall remain available
until September 30, 2016.
CAPITOL POLICE BUILDINGS, GROUNDS
AND
SECURITY
For all necessary expenses for the maintenance, care and operation of buildings, grounds and security enhancements of the United
States Capitol Police, wherever located, the Alternate Computer
Facility, and AOC security operations, $21,500,000, of which
$3,473,000 shall remain available until September 30, 2016.
BOTANIC GARDEN
For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds,
and collections; and purchase and exchange, maintenance, repair,
and operation of a passenger motor vehicle; all under the direction
of the Joint Committee on the Library, $12,000,000: Provided, That
of the amount made available under this heading, the Architect
of the Capitol may obligate and expend such sums as may be
necessary for the maintenance, care and operation of the National
Garden established under section 307E of the Legislative Branch
Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers approved
by the Architect of the Capitol or a duly authorized designee.
CAPITOL VISITOR CENTER
For all necessary expenses for the operation of the Capitol
Visitor Center, $21,276,000.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
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USE OF CONSTRUCTION PROJECT FUNDS TO REIMBURSE CAPITOL
POLICE FOR RELATED OVERTIME COSTS
2 USC 1862a.
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SEC. 1201. (a) PAYMENT OF OVERTIME COSTS.—The Architect
of the Capitol shall transfer amounts made available for construction projects during a fiscal year to the applicable appropriations
accounts of the United States Capitol Police in order to reimburse
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1129
the Capitol Police for overtime costs incurred in connection with
such projects.
(b) EFFECTIVE DATE.—This section shall apply with respect
to fiscal year 2013 and each succeeding fiscal year.
TRANSFER TO ARCHITECT OF THE CAPITOL
SEC. 1202. (a) TRANSFER.—To the extent that the Director
of the National Park Service has jurisdiction and control over any
portion of the area described in subsection (b) and any monument
or other facility which is located within such area, such jurisdiction
and control is hereby transferred to the Architect of the Capitol
as of the date of the enactment of this Act.
(b) AREA DESCRIBED.—The area described in this subsection
is the property which is bounded on the north by Pennsylvania
Avenue Northwest, on the east by First Street Northwest and
First Street Southwest, on the south by Maryland Avenue Southwest, and on the west by Third Street Southwest and Third Street
Northwest.
2 USC 1811 note.
LIBRARY OF CONGRESS
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SALARIES
AND
EXPENSES
For necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the
Library’s catalogs; custody and custodial care of the Library
buildings; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library;
operation and maintenance of the American Folklife Center in
the Library; activities under the Civil Rights History Project Act
of 2009; preparation and distribution of catalog records and other
publications of the Library; hire or purchase of one passenger
motor vehicle; and expenses of the Library of Congress Trust Fund
Board not properly chargeable to the income of any trust fund
held by the Board, $420,093,000, of which not more than $6,000,000
shall be derived from collections credited to this appropriation
during fiscal year 2012, and shall remain available until expended,
under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150) and not more than $350,000 shall be derived from
collections during fiscal year 2012 and shall remain available until
expended for the development and maintenance of an international
legal information database and activities related thereto: Provided,
That the Library of Congress may not obligate or expend any
funds derived from collections under the Act of June 28, 1902,
in excess of the amount authorized for obligation or expenditure
in appropriations Acts: Provided further, That the total amount
available for obligation shall be reduced by the amount by which
collections are less than $6,350,000: Provided further, That of the
total amount appropriated, not more than $12,000 may be expended,
on the certification of the Librarian of Congress, in connection
with official representation and reception expenses for the Overseas
Field Offices: Provided further, That of the total amount appropriated, $6,959,000 shall remain available until expended for the
digital collections and educational curricula program.
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PUBLIC LAW 112–74—DEC. 23, 2011
COPYRIGHT OFFICE
SALARIES
AND
EXPENSES
For all necessary expenses of the Copyright Office, $51,650,000,
of which not more than $28,029,000, to remain available until
expended, shall be derived from collections credited to this appropriation during fiscal year 2012 under section 708(d) of title 17,
United States Code: Provided, That not more than $2,000,000 shall
be derived from prior year available unobligated balances: Provided
further, That the Copyright Office may not obligate or expend
any funds derived from collections under such section, in excess
of the amount authorized for obligation or expenditure in appropriations Acts: Provided further, That not more than $5,484,000 shall
be derived from collections during fiscal year 2012 under sections
111(d)(2), 119(b)(2), 803(e), 1005, and 1316 of such title: Provided
further, That the total amount available for obligation shall be
reduced by the amount by which collections and prior year available
unobligated balances are less than $35,513,000: Provided further,
That not more than $100,000 of the amount appropriated is available for the maintenance of an ‘‘International Copyright Institute’’
in the Copyright Office of the Library of Congress for the purpose
of training nationals of developing countries in intellectual property
laws and policies: Provided further, That not more than $4,250
may be expended, on the certification of the Librarian of Congress,
in connection with official representation and reception expenses
for activities of the International Copyright Institute and for copyright delegations, visitors, and seminars: Provided further, That
notwithstanding any provision of chapter 8 of title 17, United States
Code, any amounts made available under this heading which are
attributable to royalty fees and payments received by the Copyright
Office pursuant to sections 111, 119, and chapter 10 of such title
may be used for the costs incurred in the administration of the
Copyright Royalty Judges program, with the exception of the costs
of salaries and benefits for the Copyright Royalty Judges and staff
under section 802(e).
CONGRESSIONAL RESEARCH SERVICE
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SALARIES
AND
EXPENSES
For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166)
and to revise and extend the Annotated Constitution of the United
States of America, $106,790,000: Provided, That no part of such
amount may be used to pay any salary or expense in connection
with any publication, or preparation of material therefor (except
the Digest of Public General Bills), to be issued by the Library
of Congress unless such publication has obtained prior approval
of either the Committee on House Administration of the House
of Representatives or the Committee on Rules and Administration
of the Senate.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
BOOKS
FOR THE
BLIND
AND
SALARIES
125 STAT. 1131
PHYSICALLY HANDICAPPED
AND
EXPENSES
For salaries and expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $50,674,000:
Provided, That of the total amount appropriated, $650,000 shall
be available to contract to provide newspapers to blind and physically handicapped residents at no cost to the individual.
Contracts.
Newspapers.
ADMINISTRATIVE PROVISIONS
REIMBURSABLE
AND
REVOLVING FUND ACTIVITIES
SEC. 1301. (a) IN GENERAL.—For fiscal year 2012, the
obligational authority of the Library of Congress for the activities
described in subsection (b) may not exceed $169,725,000.
(b) ACTIVITIES.—The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from
sources other than appropriations to the Library in appropriations
Acts for the legislative branch.
(c) TRANSFER OF FUNDS.—During fiscal year 2012, the Librarian
of Congress may temporarily transfer funds appropriated in this
Act, under the heading ‘‘Library of Congress’’, under the subheading
‘‘Salaries and Expenses’’, to the revolving fund for the FEDLINK
Program and the Federal Research Program established under section 103 of the Library of Congress Fiscal Operations Improvement
Act of 2000 (Public Law 106–481; 2 U.S.C. 182c): Provided, That
the total amount of such transfers may not exceed $1,900,000:
Provided further, That the appropriate revolving fund account shall
reimburse the Library for any amounts transferred to it before
the period of availability of the Library appropriation expires.
TRANSFER AUTHORITY
SEC. 1302. (a) IN GENERAL.—Amounts appropriated for fiscal
year 2012 for the Library of Congress may be transferred during
fiscal year 2012 between any of the headings under the heading
‘‘Library of Congress’’ upon the approval of the Committees on
Appropriations of the House of Representatives and the Senate.
(b) LIMITATION.—Not more than 10 percent of the total amount
of funds appropriated to the account under any heading under
the heading ‘‘Library of Congress’’ for fiscal year 2012 may be
transferred from that account by all transfers made under subsection (a).
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FUNDS AVAILABLE FOR WORKERS COMPENSATION PAYMENTS
SEC. 1303. (a) IN GENERAL.—Available balances of expired
Library of Congress appropriations shall be available to the Library
of Congress to make the deposit to the credit of the Employees’
Compensation Fund required by subsection 8147(b) of title 5, United
States Code.
(b) EFFECTIVE DATE.—This section shall apply with respect
to appropriations for fiscal year 2012 and each fiscal year thereafter.
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2 USC 143d.
PUBL074
125 STAT. 1132
PUBLIC LAW 112–74—DEC. 23, 2011
PERMITTING USE OF PROCEEDS FROM DISPOSITION OF SURPLUS OR
OBSOLETE PERSONAL PROPERTY
2 USC 149a.
SEC. 1304. (a) DISPOSITION OF PROPERTY.—Within the limits
of available appropriations, the Librarian of Congress may dispose
of surplus or obsolete personal property of the Library of Congress
by interagency transfer, donation, sale, trade-in, or other appropriate method.
(b) USE OF PROCEEDS.—Any amounts received by the Librarian
of Congress from the disposition of property under subsection (a)
shall be credited to the funds available for the operations of the
Library of Congress, and shall be available to acquire the same
or similar property during the fiscal year in which the amounts
are received and the following fiscal year.
(c) EFFECTIVE DATE.—This section shall apply with respect
to fiscal year 2012 and each succeeding fiscal year.
GOVERNMENT PRINTING OFFICE
CONGRESSIONAL PRINTING
AND
BINDING
(INCLUDING TRANSFER OF FUNDS)
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Time period.
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For authorized printing and binding for the Congress and the
distribution of Congressional information in any format; printing
and binding for the Architect of the Capitol; expenses necessary
for preparing the semimonthly and session index to the Congressional Record, as authorized by law (section 902 of title 44, United
States Code); printing and binding of Government publications
authorized by law to be distributed to Members of Congress; and
printing, binding, and distribution of Government publications
authorized by law to be distributed without charge to the recipient,
$90,700,000: Provided, That this appropriation shall not be available for paper copies of the permanent edition of the Congressional
Record for individual Representatives, Resident Commissioners or
Delegates authorized under section 906 of title 44, United States
Code: Provided further, That this appropriation shall be available
for the payment of obligations incurred under the appropriations
for similar purposes for preceding fiscal years: Provided further,
That notwithstanding the 2-year limitation under section 718 of
title 44, United States Code, none of the funds appropriated or
made available under this Act or any other Act for printing and
binding and related services provided to Congress under chapter
7 of title 44, United States Code, may be expended to print a
document, report, or publication after the 27-month period beginning on the date that such document, report, or publication is
authorized by Congress to be printed, unless Congress reauthorizes
such printing in accordance with section 718 of title 44, United
States Code: Provided further, That any unobligated or unexpended
balances in this account or accounts for similar purposes for preceding fiscal years may be transferred to the Government Printing
Office revolving fund for carrying out the purposes of this heading,
subject to the approval of the Committees on Appropriations of
the House of Representatives and Senate: Provided further, That
notwithstanding sections 901, 902, and 906 of title 44, United
States Code, this appropriation may be used to prepare indexes
to the Congressional Record on only a monthly and session basis.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
OFFICE
OF
SUPERINTENDENT
OF
125 STAT. 1133
DOCUMENTS
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For expenses of the Office of Superintendent of Documents
necessary to provide for the cataloging and indexing of Government
publications and their distribution to the public, Members of Congress, other Government agencies, and designated depository and
international exchange libraries as authorized by law, $35,000,000:
Provided, That amounts of not more than $2,000,000 from current
year appropriations are authorized for producing and disseminating
congressional serial sets and other related publications for fiscal
years 2010 and 2011 to depository and other designated libraries:
Provided further, That any unobligated or unexpended balances
in this account or accounts for similar purposes for preceding fiscal
years may be transferred to the Government Printing Office
revolving fund for carrying out the purposes of this heading, subject
to the approval of the Committees on Appropriations of the House
of Representatives and Senate.
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GOVERNMENT PRINTING OFFICE REVOLVING FUND
For payment to the Government Printing Office Revolving
Fund, $500,000 for information technology development: Provided,
That the Government Printing Office is hereby authorized to make
such expenditures, within the limits of funds available and in
accordance with law, and to make such contracts and commitments
without regard to fiscal year limitations as provided by section
9104 of title 31, United States Code, as may be necessary in
carrying out the programs and purposes set forth in the budget
for the current fiscal year for the Government Printing Office
revolving fund: Provided further, That not more than $7,500 may
be expended on the certification of the Public Printer in connection
with official representation and reception expenses: Provided further, That the revolving fund shall be available for the hire or
purchase of not more than 12 passenger motor vehicles: Provided
further, That expenditures in connection with travel expenses of
the advisory councils to the Public Printer shall be deemed necessary to carry out the provisions of title 44, United States Code:
Provided further, That the revolving fund shall be available for
temporary or intermittent services under section 3109(b) of title
5, United States Code, but at rates for individuals not more than
the daily equivalent of the annual rate of basic pay for level V
of the Executive Schedule under section 5316 of such title: Provided
further, That activities financed through the revolving fund may
provide information in any format: Provided further, That the
revolving fund and the funds provided under the headings ‘‘Office
of Superintendent of Documents’’ and ‘‘Salaries and Expenses’’ may
not be used for contracted security services at GPO’s passport
facility in the District of Columbia.
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PUBL074
125 STAT. 1134
PUBLIC LAW 112–74—DEC. 23, 2011
GOVERNMENT ACCOUNTABILITY OFFICE
SALARIES
AND
EXPENSES
For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States in
connection with official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more than
the daily equivalent of the annual rate of basic pay for level IV
of the Executive Schedule under section 5315 of such title; hire
of one passenger motor vehicle; advance payments in foreign countries in accordance with section 3324 of title 31, United States
Code; benefits comparable to those payable under sections 901(5),
(6), and (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5),
(6), and (8)); and under regulations prescribed by the Comptroller
General of the United States, rental of living quarters in foreign
countries, $511,296,000: Provided, That, in addition, $22,304,000
of payments received under sections 782, 3521, and 9105 of title
31, United States Code, shall be available without fiscal year limitation: Provided further, That this appropriation and appropriations
for administrative expenses of any other department or agency
which is a member of the National Intergovernmental Audit Forum
or a Regional Intergovernmental Audit Forum shall be available
to finance an appropriate share of either Forum’s costs as determined by the respective Forum, including necessary travel expenses
of non-Federal participants: Provided further, That payments hereunder to the Forum may be credited as reimbursements to any
appropriation from which costs involved are initially financed.
Regulations.
ADMINISTRATIVE PROVISION
Applicability.
2 USC 60q note.
SEC. 1401. (a) Section 210 of the Legislative Branch Appropriations Act, 2005 (2 U.S.C. 60q) is amended—
(1) by striking subsection (d); and
(2) in subsection (f)(2)(A), by striking ‘‘United States Code’’
and inserting ‘‘United States Code, but excluding the Government Accountability Office’’.
(b) Section 3521(1) of title 5, United States Code, is amended
by striking ‘‘section 105’’ and inserting ‘‘section 105 (other than
the Government Accountability Office)’’.
(c) The amendments made by this section shall apply with
respect to voluntary separation incentive payments made during
fiscal year 2012 or any succeeding fiscal year.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
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For a payment to the Open World Leadership Center Trust
Fund for financing activities of the Open World Leadership Center
under section 313 of the Legislative Branch Appropriations Act,
2001 (2 U.S.C. 1151), $10,000,000.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING
AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1135
C. Stennis Center for Public Service Training and Development
Act (2 U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
MAINTENANCE AND CARE OF PRIVATE VEHICLES
SEC. 201. No part of the funds appropriated in this Act shall
be used for the maintenance or care of private vehicles, except
for emergency assistance and cleaning as may be provided under
regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration and for
the Senate issued by the Committee on Rules and Administration.
FISCAL YEAR LIMITATION
SEC. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2012 unless
expressly so provided in this Act.
RATES OF COMPENSATION AND DESIGNATION
SEC. 203. Whenever in this Act any office or position not specifically established by the Legislative Pay Act of 1929 (46 Stat. 32
et seq.) is appropriated for or the rate of compensation or designation of any office or position appropriated for is different from
that specifically established by such Act, the rate of compensation
and the designation in this Act shall be the permanent law with
respect thereto: Provided, That the provisions in this Act for the
various items of official expenses of Members, officers, and committees of the Senate and House of Representatives, and clerk hire
for Senators and Members of the House of Representatives shall
be the permanent law with respect thereto.
CONSULTING SERVICES
SEC. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, under
section 3109 of title 5, United States Code, shall be limited to
those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued under existing law.
Contracts.
AWARDS AND SETTLEMENTS
SEC. 205. Such sums as may be necessary are appropriated
to the account described in subsection (a) of section 415 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) to pay
awards and settlements as authorized under such subsection.
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COSTS OF LBFMC
SEC. 206. Amounts available for administrative expenses of
any legislative branch entity which participates in the Legislative
Branch Financial Managers Council (LBFMC) established by
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PUBL074
125 STAT. 1136
PUBLIC LAW 112–74—DEC. 23, 2011
charter on March 26, 1996, shall be available to finance an appropriate share of LBFMC costs as determined by the LBFMC, except
that the total LBFMC costs to be shared among all participating
legislative branch entities (in such allocations among the entities
as the entities may determine) may not exceed $2,000.
LANDSCAPE MAINTENANCE
SEC. 207. The Architect of the Capitol, in consultation with
the District of Columbia, is authorized to maintain and improve
the landscape features, excluding streets, in the irregular shaped
grassy areas bounded by Washington Avenue, SW, on the northeast,
Second Street, SW, on the west, Square 582 on the south, and
the beginning of the I–395 tunnel on the southeast.
LIMITATION ON TRANSFERS
SEC. 208. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriation Act.
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GUIDED TOURS OF THE CAPITOL
SEC. 209. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in this
Act may be used to eliminate or restrict guided tours of the United
States Capitol which are led by employees and interns of offices
of Members of Congress and other offices of the House of Representatives and Senate.
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol
which are led by employees and interns described in subsection
(a) may be suspended temporarily or otherwise subject to restriction
for security or related reasons to the same extent as guided tours
of the United States Capitol which are led by the Architect of
the Capitol.
SEC. 210. None of the funds made available in this Act may
be used to deliver a printed copy of a bill, joint resolution, or
resolution to the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress)
unless the Member requests a copy.
SEC. 211. None of the funds made available by this Act may
be used to deliver a printed copy of any version of the Congressional
Record to the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress).
SEC. 212. None of the funds made available in this Act may
be used by the Chief Administrative Officer of the House of Representatives to make any payments from any Members’ Representational Allowance for the leasing of a vehicle, excluding mobile
district offices, in an aggregate amount that exceeds $1,000 for
the vehicle in any month.
This division may be cited as the ‘‘Legislative Branch Appropriations Act, 2012’’.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1137
DIVISION H—MILITARY CONSTRUCTION AND VETERANS
AFFAIRS AND RELATED AGENCIES APPROPRIATIONS
ACT, 2012
TITLE I
Military
Construction and
Veterans Affairs,
and Related
Agencies
Appropriations
Act, 2012.
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION, ARMY
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation,
and for construction and operation of facilities in support of the
functions of the Commander in Chief, $3,006,491,000, to remain
available until September 30, 2016: Provided, That of this amount,
not to exceed $229,741,000 shall be available for study, planning,
design, architect and engineer services, and host nation support,
as authorized by law, unless the Secretary of Army determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor.
MILITARY CONSTRUCTION, NAVY
AND
Determination.
Notification.
MARINE CORPS
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently
authorized by law, including personnel in the Naval Facilities
Engineering Command and other personal services necessary for
the purposes of this appropriation, $2,112,823,000, to remain available until September 30, 2016: Provided, That of this amount,
not to exceed $84,362,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Secretary of Navy determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor.
Determination.
Notification.
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MILITARY CONSTRUCTION, AIR FORCE
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized
by law, $1,227,058,000, to remain available until September 30,
2016: Provided, That of this amount, not to exceed $81,913,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of
Air Force determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.
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Determination.
Notification.
PUBL074
125 STAT. 1138
PUBLIC LAW 112–74—DEC. 23, 2011
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
Determination.
Notification.
Contracts.
Germany.
Plans.
Certification.
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of
Defense (other than the military departments), as currently authorized by law, $3,431,957,000, to remain available until September
30, 2016: Provided, That such amounts of this appropriation as
may be determined by the Secretary of Defense may be transferred
to such appropriations of the Department of Defense available for
military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
which transferred: Provided further, That of the amount appropriated, not to exceed $430,602,000 shall be available for study,
planning, design, and architect and engineer services, as authorized
by law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount
appropriated, notwithstanding any other provision of law,
$24,118,000 shall be available for payments to the North Atlantic
Treaty Organization for the planning, design, and construction of
a new North Atlantic Treaty Organization headquarters: Provided
further, That the Department of Defense shall not award a design
contract to exceed the 20 percent design level for the Landstuhl
Regional Medical Center in Germany until the Secretary of Defense:
(1) provides the Committees on Appropriations of the House of
Representatives and the Senate a plan for implementing the recommendations of the Government Accountability Office with respect
to the plans, baseline data, and estimated cost of the facility;
and (2) certifies in writing to the Committees that the facility
is properly sized and scoped to meet current and projected
healthcare requirements.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
Determination.
Notification.
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $773,592,000, to remain available
until September 30, 2016: Provided, That of the amount appropriated, not to exceed $20,671,000 shall be available for study,
planning, design, and architect and engineer services, as authorized
by law, unless the Director of the Army National Guard determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor.
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MILITARY CONSTRUCTION, AIR NATIONAL GUARD
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air National Guard, and contributions therefor, as authorized by
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1139
chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $116,246,000, to remain available until
September 30, 2016: Provided, That of the amount appropriated,
not to exceed $12,225,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Director of the Air National Guard determines that
additional obligations are necessary for such purposes and notifies
the Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor.
Determination.
Notification.
MILITARY CONSTRUCTION, ARMY RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$280,549,000, to remain available until September 30, 2016: Provided, That of the amount appropriated, not to exceed $28,924,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of the
Army Reserve determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons
therefor.
Determination.
Notification.
MILITARY CONSTRUCTION, NAVY RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $26,299,000, to remain available
until September 30, 2016: Provided, That of the amount appropriated, not to exceed $2,591,000 shall be available for study, planning, design, and architect and engineer services, as authorized
by law, unless the Secretary of the Navy determines that additional
obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor.
Determination.
Notification.
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MILITARY CONSTRUCTION, AIR FORCE RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air Force Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$33,620,000, to remain available until September 30, 2016: Provided, That of the amount appropriated, not to exceed $2,200,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of the
Air Force Reserve determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the
reasons therefor.
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Determination.
Notification.
PUBL074
125 STAT. 1140
PUBLIC LAW 112–74—DEC. 23, 2011
NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations
(including international military headquarters) and for related
expenses for the collective defense of the North Atlantic Treaty
Area as authorized by section 2806 of title 10, United States Code,
and Military Construction Authorization Acts, $247,611,000, to
remain available until expended.
FAMILY HOUSING CONSTRUCTION, ARMY
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension,
and alteration, as authorized by law, $176,897,000, to remain available until September 30, 2016.
FAMILY HOUSING OPERATION
AND
MAINTENANCE, ARMY
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as
authorized by law, $493,458,000.
FAMILY HOUSING CONSTRUCTION, NAVY
AND
MARINE CORPS
For expenses of family housing for the Navy and Marine Corps
for construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$100,972,000, to remain available until September 30, 2016.
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY
MARINE CORPS
AND
For expenses of family housing for the Navy and Marine Corps
for operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and insurance
premiums, as authorized by law, $367,863,000.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $60,042,000, to remain
available until September 30, 2016.
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FAMILY HOUSING OPERATION
AND
MAINTENANCE, AIR FORCE
For expenses of family housing for the Air Force for operation
and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as
authorized by law, $429,523,000.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
FAMILY HOUSING OPERATION
AND
125 STAT. 1141
MAINTENANCE, DEFENSE-WIDE
For expenses of family housing for the activities and agencies
of the Department of Defense (other than the military departments)
for operation and maintenance, leasing, and minor construction,
as authorized by law, $50,723,000.
DEPARTMENT
OF
DEFENSE FAMILY HOUSING IMPROVEMENT FUND
For the Department of Defense Family Housing Improvement
Fund, $2,184,000, to remain available until expended, for family
housing initiatives undertaken pursuant to section 2883 of title
10, United States Code, providing alternative means of acquiring
and improving military family housing and supporting facilities.
HOMEOWNERS ASSISTANCE FUND
For the Homeowners Assistance Fund established by section
1013 of the Demonstration Cities and Metropolitan Development
Act of 1966, (42 U.S.C. 3374), as amended by section 1001 of
division A of the American Recovery and Reinvestment Act of
2009 (Public Law 111–5; 123 Stat. 194), $1,284,000, to remain
available until expended: Provided, That the Secretary of Defense
shall not issue any regulation or otherwise take any action to
limit the submission prior to September 30, 2012, of applications
for benefits, including permanent change of station benefits, as
provided under section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966, (42 U.S.C. 3374), as amended.
CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE
For expenses of construction, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal
chemical agents and munitions in accordance with section 1412
of the Department of Defense Authorization Act, 1986 (50 U.S.C.
1521), and for the destruction of other chemical warfare materials
that are not in the chemical weapon stockpile, as currently authorized by law, $75,312,000, to remain available until September 30,
2016, which shall be only for the Assembled Chemical Weapons
Alternatives program.
DEPARTMENT
OF
DEFENSE BASE CLOSURE ACCOUNT 1990
For deposit into the Department of Defense Base Closure
Account 1990, established by section 2906(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$323,543,000, to remain available until expended.
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DEPARTMENT
OF
DEFENSE BASE CLOSURE ACCOUNT 2005
For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the Defense
Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$258,776,000, to remain available until expended: Provided, That
the Department of Defense shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to obligating
an amount for a construction project that exceeds or reduces the
amount identified for that project in the most recently submitted
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Notification.
Deadline.
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125 STAT. 1142
PUBLIC LAW 112–74—DEC. 23, 2011
budget request for this account by 20 percent or $2,000,000, whichever is less: Provided further, That the previous proviso shall not
apply to projects costing less than $5,000,000, except for those
projects not previously identified in any budget submission for
this account and exceeding the minor construction threshold under
section 2805 of title 10, United States Code.
ADMINISTRATIVE PROVISIONS
Contracts.
Certification.
Notification.
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Steel.
Notification.
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SEC. 101. None of the funds made available in this title shall
be expended for payments under a cost-plus-a-fixed-fee contract
for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific
approval in writing of the Secretary of Defense setting forth the
reasons therefor.
SEC. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
SEC. 103. Funds made available in this title for construction
may be used for advances to the Federal Highway Administration,
Department of Transportation, for the construction of access roads
as authorized by section 210 of title 23, United States Code, when
projects authorized therein are certified as important to the national
defense by the Secretary of Defense.
SEC. 104. None of the funds made available in this title may
be used to begin construction of new bases in the United States
for which specific appropriations have not been made.
SEC. 105. None of the funds made available in this title shall
be used for purchase of land or land easements in excess of 100
percent of the value as determined by the Army Corps of Engineers
or the Naval Facilities Engineering Command, except: (1) where
there is a determination of value by a Federal court; (2) purchases
negotiated by the Attorney General or the designee of the Attorney
General; (3) where the estimated value is less than $25,000; or
(4) as otherwise determined by the Secretary of Defense to be
in the public interest.
SEC. 106. None of the funds made available in this title shall
be used to: (1) acquire land; (2) provide for site preparation; or
(3) install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for military construction.
SEC. 107. None of the funds made available in this title for
minor construction may be used to transfer or relocate any activity
from one base or installation to another, without prior notification
to the Committees on Appropriations of both Houses of Congress.
SEC. 108. None of the funds made available in this title may
be used for the procurement of steel for any construction project
or activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for
such steel procurement.
SEC. 109. None of the funds available to the Department of
Defense for military construction or family housing during the
current fiscal year may be used to pay real property taxes in
any foreign nation.
SEC. 110. None of the funds made available in this title may
be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1143
SEC. 111. None of the funds made available in this title may
be obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished
in Japan, in any North Atlantic Treaty Organization member
country, or in countries bordering the Arabian Sea, unless such
contracts are awarded to United States firms or United States
firms in joint venture with host nation firms.
SEC. 112. None of the funds made available in this title for
military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering
the Arabian Sea, may be used to award any contract estimated
by the Government to exceed $1,000,000 to a foreign contractor:
Provided, That this section shall not be applicable to contract
awards for which the lowest responsive and responsible bid of
a United States contractor exceeds the lowest responsive and
responsible bid of a foreign contractor by greater than 20 percent:
Provided further, That this section shall not apply to contract
awards for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a Marshallese
contractor.
SEC. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees
on Appropriations, of plans and scope of any proposed military
exercise involving United States personnel 30 days prior to its
occurring, if amounts expended for construction, either temporary
or permanent, are anticipated to exceed $100,000.
SEC. 114. Not more than 20 percent of the funds made available
in this title which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year.
SEC. 115. Funds appropriated to the Department of Defense
for construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
SEC. 116. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed
for obligation, expired or lapsed funds may be used to pay the
cost of associated supervision, inspection, overhead, engineering
and design on those projects and on subsequent claims, if any.
SEC. 117. Notwithstanding any other provision of law, any
funds made available to a military department or defense agency
for the construction of military projects may be obligated for a
military construction project or contract, or for any portion of such
a project or contract, at any time before the end of the fourth
fiscal year after the fiscal year for which funds for such project
were made available, if the funds obligated for such project: (1)
are obligated from funds available for military construction projects;
and (2) do not exceed the amount appropriated for such project,
plus any amount by which the cost of such project is increased
pursuant to law.
Contracts.
Japan.
Contracts.
Kwajalein Atoll.
Notification.
Military exercise.
Deadline.
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SEC. 118. In addition to any other transfer authority available
to the Department of Defense, proceeds deposited to the Department
of Defense Base Closure Account established by section 207(a)(1)
of the Defense Authorization Amendments and Base Closure and
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PUBL074
125 STAT. 1144
PUBLIC LAW 112–74—DEC. 23, 2011
Realignment Act (10 U.S.C. 2687 note) pursuant to section
207(a)(2)(C) of such Act, may be transferred to the account established by section 2906(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), to be merged
with, and to be available for the same purposes and the same
time period as that account.
(INCLUDING TRANSFER OF FUNDS)
Deadline.
Notification.
SEC. 119. Subject to 30 days prior notification, or 14 days
for a notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, such
additional amounts as may be determined by the Secretary of
Defense may be transferred to: (1) the Department of Defense
Family Housing Improvement Fund from amounts appropriated
for construction in ‘‘Family Housing’’ accounts, to be merged with
and to be available for the same purposes and for the same period
of time as amounts appropriated directly to the Fund; or (2) the
Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ‘‘Military Construction’’ accounts, to be
merged with and to be available for the same purposes and for
the same period of time as amounts appropriated directly to the
Fund: Provided, That appropriations made available to the Funds
shall be available to cover the costs, as defined in section 502(5)
of the Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169 of title 10, United States
Code, pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and supporting facilities.
(INCLUDING TRANSFER OF FUNDS)
10 USC 2821
note.
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Notification.
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SEC. 120. In addition to any other transfer authority available
to the Department of Defense, amounts may be transferred from
the accounts established by sections 2906(a)(1) and 2906A(a)(1)
of the Defense Base Closure and Realignment Act of 1990 (10
U.S.C. 2687 note), to the fund established by section 1013(d) of
the Demonstration Cities and Metropolitan Development Act of
1966 (42 U.S.C. 3374) to pay for expenses associated with the
Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with and
be available for the same purposes and for the same time period
as the fund to which transferred.
SEC. 121. Notwithstanding any other provision of law, funds
made available in this title for operation and maintenance of family
housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer
quarters: Provided, That not more than $35,000 per unit may
be spent annually for the maintenance and repair of any general
or flag officer quarters without 30 days prior notification, or 14
days for a notification provided in an electronic medium pursuant
to sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, except
that an after-the-fact notification shall be submitted if the limitation
is exceeded solely due to costs associated with environmental
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1145
remediation that could not be reasonably anticipated at the time
of the budget submission: Provided further, That the Under Secretary of Defense (Comptroller) is to report annually to the Committees on Appropriations of both Houses of Congress all operation
and maintenance expenditures for each individual general or flag
officer quarters for the prior fiscal year.
SEC. 122. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of title 10,
United States Code, are appropriated and shall be available until
expended for the purposes specified in subsection (i)(1) of such
section or until transferred pursuant to subsection (i)(3) of such
section.
SEC. 123. None of the funds made available in this title, or
in any Act making appropriations for military construction which
remain available for obligation, may be obligated or expended to
carry out a military construction, land acquisition, or family housing
project at or for a military installation approved for closure, or
at a military installation for the purposes of supporting a function
that has been approved for realignment to another installation,
in 2005 under the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.
2687 note), unless such a project at a military installation approved
for realignment will support a continuing mission or function at
that installation or a new mission or function that is planned
for that installation, or unless the Secretary of Defense certifies
that the cost to the United States of carrying out such project
would be less than the cost to the United States of cancelling
such project, or if the project is at an active component base that
shall be established as an enclave or in the case of projects having
multi-agency use, that another Government agency has indicated
it will assume ownership of the completed project. The Secretary
of Defense may not transfer funds made available as a result
of this limitation from any military construction project, land
acquisition, or family housing project to another account or use
such funds for another purpose or project without the prior approval
of the Committees on Appropriations of both Houses of Congress.
This section shall not apply to military construction projects, land
acquisition, or family housing projects for which the project is
vital to the national security or the protection of health, safety,
or environmental quality: Provided, That the Secretary of Defense
shall notify the congressional defense committees within seven days
of a decision to carry out such a military construction project.
Notification.
Certification.
Notification.
Deadline.
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SEC. 124. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such
appropriations will not be necessary for the liquidation of obligations
or for making authorized adjustments to such appropriations for
obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation ‘‘Foreign Currency Fluctuations,
Construction, Defense’’, to be merged with and to be available
for the same time period and for the same purposes as the appropriation to which transferred.
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Time period.
Determination.
PUBL074
125 STAT. 1146
Oregon.
Deadline.
Waiver authority.
Certification.
Notification.
Deadline.
Certification.
Deadline.
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Reports.
Colorado.
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PUBLIC LAW 112–74—DEC. 23, 2011
SEC. 125. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account in
accordance with the reprogramming guidelines for military
construction and family housing construction contained in Department of Defense Financial Management Regulation 7000.14–R,
Volume 3, Chapter 7, of February 2009, as in effect on the date
of enactment of this Act.
SEC. 126. (a) Notwithstanding any other provision of law, the
Secretary of the Army shall close Umatilla Chemical Depot, Oregon,
not later than 1 year after the completion of chemical demilitarization activities required under the Chemical Weapons Convention.
(b) The closure of the Umatilla Chemical Depot, Oregon, and
subsequent management and property disposal shall be carried
out in accordance with procedures and authorities contained in
the Defense Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 110–510; 10 U.S.C. 2687 note).
(c) Nothing in this section shall be construed to affect or limit
the application of, or any obligation to comply with, any environmental law, including the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.)
and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(d) The Secretary of the Army may retain minimum essential
ranges, facilities, and training areas at Umatilla Chemical Depot,
totaling approximately 7,500 acres, as a training enclave for the
reserve components of the Armed Forces to permit the conduct
of individual and annual training.
SEC. 127. None of the funds made available by this Act may
be used by the Secretary of Defense to take beneficial occupancy
of more than 2,000 parking spaces (other than handicap-reserved
spaces) to be provided by the BRAC 133 project: Provided, That
this limitation may be waived in part if: (1) the Secretary of Defense
certifies to Congress that levels of service at existing intersections
in the vicinity of the project have not experienced failing levels
of service as defined by the Transportation Research Board Highway
Capacity Manual over a consecutive 90-day period; (2) the Department of Defense and the Virginia Department of Transportation
agree on the number of additional parking spaces that may be
made available to employees of the facility subject to continued
90-day traffic monitoring; and (3) the Secretary of Defense notifies
the congressional defense committees in writing at least 14 days
prior to exercising this waiver of the number of additional parking
spaces to be made available: Provided further, That the Secretary
of Defense shall implement the Department of Defense Inspector
General recommendations outlined in report number DODIG–2012–
024, and certify to Congress not later than 180 days after enactment
of this Act that the recommendations have been implemented.
SEC. 128. None of the funds appropriated or otherwise made
available by this title may be obligated or expended for a permanent
United States Africa Command headquarters outside of the United
States until the Secretary of Defense provides the congressional
defense committees an analysis of all military construction costs
associated with establishing a permanent location overseas versus
in the United States.
SEC. 129. None of the funds made available by this Act may
be used for any action that relates to or promotes the expansion
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1147
of the boundaries or size of the Pinon Canyon Maneuver Site,
Colorado.
SEC. 130. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used by the Secretary
of the Army to relocate a unit in the Army that—
(1) performs a testing mission or function that is not performed by any other unit in the Army and is specifically stipulated in title 10, United States Code; and
(2) is located at a military installation at which the total
number of civilian employees of the Department of the Army
and Army contractor personnel employed exceeds 10 percent
of the total number of members of the regular and reserve
components of the Army assigned to the installation.
(b) EXCEPTION.—Subsection (a) shall not apply if the Secretary
of the Army certifies to the congressional defense committees that
in proposing the relocation of the unit of the Army, the Secretary
complied with Army Regulation 5–10 relating to the policy, procedures, and responsibilities for Army stationing actions.
Certification.
(INCLUDING RESCISSIONS OF FUNDS)
SEC. 131. Of the unobligated balances available under the
following headings from prior appropriations Acts (other than appropriations designated by law as being for contingency operations
directly related to the global war on terrorism or as an emergency
requirement), the following amounts are hereby rescinded: ‘‘Military
Construction, Army’’, $100,000,000; ‘‘Military Construction, Navy
and Marine Corps’’, $25,000,000; ‘‘Military Construction, Air Force’’,
$32,000,000;
and
‘‘Military
Construction,
Defense-Wide’’,
$131,400,000.
(INCLUDING RESCISSION OF FUNDS)
SEC. 132. Of the unobligated balances available for ‘‘Department
of Defense Base Closure Account 2005’’, from prior appropriations
Acts (other than appropriations designated by law as being for
contingency operations directly related to the global war on terrorism or as an emergency requirement), $258,776,000 are hereby
rescinded.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
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For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61
of title 38, United States Code; pension benefits to or on behalf
of veterans as authorized by chapters 15, 51, 53, 55, and 61 of
title 38, United States Code; and burial benefits, the Reinstated
Entitlement Program for Survivors, emergency and other officers’
retirement pay, adjusted-service credits and certificates, payment
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125 STAT. 1148
PUBLIC LAW 112–74—DEC. 23, 2011
of premiums due on commercial life insurance policies guaranteed
under the provisions of title IV of the Servicemembers Civil Relief
Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized
by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53,
55, and 61 of title 38, United States Code, $51,237,567,000, to
remain available until expended: Provided, That not to exceed
$32,187,000 of the amount appropriated under this heading shall
be reimbursed to ‘‘General operating expenses, Veterans Benefits
Administration’’, ‘‘Medical support and compliance’’, and ‘‘Information technology systems’’ for necessary expenses in implementing
the provisions of chapters 51, 53, and 55 of title 38, United States
Code, the funding source for which is specifically provided as the
‘‘Compensation and pensions’’ appropriation: Provided further, That
such sums as may be earned on an actual qualifying patient basis,
shall be reimbursed to ‘‘Medical care collections fund’’ to augment
the funding of individual medical facilities for nursing home care
provided to pensioners as authorized.
READJUSTMENT BENEFITS
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30, 31,
33, 34, 35, 36, 39, 51, 53, 55, and 61 of title 38, United States
Code, $12,108,488,000, to remain available until expended: Provided, That expenses for rehabilitation program services and assistance which the Secretary is authorized to provide under subsection
(a) of section 3104 of title 38, United States Code, other than
under paragraphs (1), (2), (5), and (11) of that subsection, shall
be charged to this account.
VETERANS INSURANCE AND INDEMNITIES
For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance,
and veterans mortgage life insurance as authorized by chapters
19 and 21, title 38, United States Code, $100,252,000, to remain
available until expended.
VETERANS HOUSING BENEFIT PROGRAM FUND
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 of title 38, United States
Code: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That during fiscal year 2012,
within the resources available, not to exceed $500,000 in gross
obligations for direct loans are authorized for specially adapted
housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $154,698,000.
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VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
For the cost of direct loans, $19,000, as authorized by chapter
31 of title 38, United States Code: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1149
further, That funds made available under this heading are available
to subsidize gross obligations for the principal amount of direct
loans not to exceed $3,019,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $343,000, which may be paid to the
appropriation for ‘‘General operating expenses, Veterans Benefits
Administration’’.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United
States Code, $1,116,000.
VETERANS HEALTH ADMINISTRATION
MEDICAL SERVICES
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of
the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and
treatment in facilities not under the jurisdiction of the Department,
and including medical supplies and equipment, food services, and
salaries and expenses of health care employees hired under title
38, United States Code, aid to State homes as authorized by section
1741 of title 38, United States Code, assistance and support services
for caregivers as authorized by section 1720G of title 38, United
States Code, and loan repayments authorized by section 604 of
the Caregivers and Veterans Omnibus Health Services Act of 2010
(Public Law 111–163; 124 Stat. 1174; 38 U.S.C. 7681 note)
$41,354,000,000, plus reimbursements, shall become available on
October 1, 2012, and shall remain available until September 30,
2013: Provided, That notwithstanding any other provision of law,
the Secretary of Veterans Affairs shall establish a priority for
the provision of medical treatment for veterans who have serviceconnected disabilities, lower income, or have special needs: Provided
further, That notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give priority funding for the provision of basic medical benefits to veterans in enrollment priority
groups 1 through 6: Provided further, That notwithstanding any
other provision of law, the Secretary of Veterans Affairs may
authorize the dispensing of prescription drugs from Veterans Health
Administration facilities to enrolled veterans with privately written
prescriptions based on requirements established by the Secretary:
Provided further, That the implementation of the program described
in the previous proviso shall incur no additional cost to the Department of Veterans Affairs.
Priorities.
Priorities.
Drugs and drug
abuse.
Requirements.
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MEDICAL SUPPORT AND COMPLIANCE
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and
research activities, as authorized by law; administrative expenses
in support of capital policy activities; and administrative and legal
expenses of the Department for collecting and recovering amounts
owed the Department as authorized under chapter 17 of title 38,
United States Code, and the Federal Medical Care Recovery Act
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PUBL074
125 STAT. 1150
PUBLIC LAW 112–74—DEC. 23, 2011
(42 U.S.C. 2651 et seq.); $5,746,000,000, plus reimbursements, shall
become available on October 1, 2012, and shall remain available
until September 30, 2013.
MEDICAL FACILITIES
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation
of any facility under the jurisdiction or for the use of the Department; for oversight, engineering, and architectural activities not
charged to project costs; for repairing, altering, improving, or providing facilities in the several hospitals and homes under the jurisdiction of the Department, not otherwise provided for, either by
contract or by the hire of temporary employees and purchase of
materials; for leases of facilities; and for laundry services,
$5,441,000,000, plus reimbursements, shall become available on
October 1, 2012, and shall remain available until September 30,
2013.
MEDICAL AND PROSTHETIC RESEARCH
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by chapter
73 of title 38, United States Code, $581,000,000, plus reimbursements, shall remain available until September 30, 2013.
NATIONAL CEMETERY ADMINISTRATION
Reports.
Cost estimates.
For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for,
including uniforms or allowances therefor; cemeterial expenses as
authorized by law; purchase of one passenger motor vehicle for
use in cemeterial operations; hire of passenger motor vehicles; and
repair, alteration or improvement of facilities under the jurisdiction
of the National Cemetery Administration, $250,934,000, of which
not to exceed $25,100,000 shall remain available until September
30, 2013: Provided, That none of the funds under this heading
may be used to expand the Urban Initiative project beyond those
sites outlined in the fiscal year 2012 or previous budget submissions
until the National Cemetery Administration submits to the Committees on Appropriations of both Houses of Congress a detailed
strategy to serve the burial needs of veterans residing in rural
and highly rural areas: Provided further, That the report shall
include a timeline for implementation of such strategy and cost
estimates of establishing new burial sites in at least five rural
or highly rural locations.
DEPARTMENTAL ADMINISTRATION
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GENERAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1151
expenses in support of Department-Wide capital planning, management and policy activities, uniforms, or allowances therefor; not
to exceed $25,000 for official reception and representation expenses;
hire of passenger motor vehicles; and reimbursement of the General
Services Administration for security guard services, $416,737,000,
of which not to exceed $20,837,000 shall remain available until
September 30, 2013: Provided, That funds provided under this
heading may be transferred to ‘‘General operating expenses, Veterans Benefits Administration’’.
GENERAL OPERATING EXPENSES, VETERANS BENEFITS
ADMINISTRATION
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger motor vehicles, reimbursement of the General Services
Administration for security guard services, and reimbursement of
the Department of Defense for the cost of overseas employee mail,
$2,018,764,000: Provided, That expenses for services and assistance
authorized under paragraphs (1), (2), (5), and (11) of section 3104(a)
of title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans: (1)
to the maximum extent feasible, to become employable and to
obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account:
Provided further, That of the funds made available under this
heading, not to exceed $105,000,000 shall remain available until
September 30, 2013: Provided further, That from the funds made
available under this heading, the Veterans Benefits Administration
may purchase (on a one-for-one replacement basis only) up to two
passenger motor vehicles for use in operations of that Administration in Manila, Philippines.
Determination.
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INFORMATION TECHNOLOGY SYSTEMS
For necessary expenses for information technology systems and
telecommunications support, including developmental information
systems and operational information systems; for pay and associated
costs; and for the capital asset acquisition of information technology
systems, including management and related contractual costs of
said acquisitions, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code,
$3,111,376,000, plus reimbursements: Provided, That $915,000,000
shall be for pay and associated costs, of which not to exceed
$25,000,000 shall remain available until September 30, 2013: Provided further, That $1,616,018,000 shall be for operations and
maintenance, of which not to exceed $110,000,000 shall remain
available until September 30, 2013: Provided further, That
$580,358,000 shall be for information technology systems development, modernization, and enhancement, and shall remain available
until September 30, 2013: Provided further, That none of the funds
made available under this heading may be obligated until the
Department of Veterans Affairs submits to the Committees on
Appropriations of both Houses of Congress, and such Committees
approve, a plan for expenditure that: (1) meets the capital planning
and investment control review requirements established by the
Office of Management and Budget; (2) complies with the Department of Veterans Affairs enterprise architecture; (3) conforms with
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Expenditure
plan.
PUBL074
125 STAT. 1152
Certification.
PUBLIC LAW 112–74—DEC. 23, 2011
an established enterprise life cycle methodology; and (4) complies
with the acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government: Provided further, That amounts made available for information technology systems development, modernization, and enhancement may
not be obligated or expended until the Secretary of Veterans Affairs
or the Chief Information Officer of the Department of Veterans
Affairs submits to the Committees on Appropriations of both Houses
of Congress a certification of the amounts, in parts or in full,
to be obligated and expended for each development project: Provided
further, That amounts made available for salaries and expenses,
operations and maintenance, and information technology systems
development, modernization, and enhancement may be transferred
among the three subaccounts after the Secretary of Veterans Affairs
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval
is issued: Provided further, That the funds made available under
this heading for information technology systems development, modernization, and enhancement, shall be for the projects, and in
the amounts, specified under this heading in the Joint Explanatory
Statement of the Committee of Conference.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the
include information technology, in
the Inspector General Act of 1978
of which $6,000,000 shall remain
2013.
Office of Inspector General, to
carrying out the provisions of
(5 U.S.C. App.), $112,391,000,
available until September 30,
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CONSTRUCTION, MAJOR PROJECTS
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the jurisdiction or
for the use of the Department of Veterans Affairs, or for any
of the purposes set forth in sections 316, 2404, 2406, 8102, 8103,
8106, 8108, 8109, 8110, and 8122 of title 38, United States Code,
including planning, architectural and engineering services,
construction management services, maintenance or guarantee
period services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site acquisition,
where the estimated cost of a project is more than the amount
set forth in section 8104(a)(3)(A) of title 38, United States Code,
or where funds for a project were made available in a previous
major project appropriation, $589,604,000, to remain available until
expended, of which $5,000,000 shall be to make reimbursements
as provided in section 13 of the Contract Disputes Act of 1978
(41 U.S.C. 612) for claims paid for contract disputes: Provided,
That except for advance planning activities, including needs assessments which may or may not lead to capital investments, and
other capital asset management related activities, including portfolio development and management activities, and investment
strategy studies funded through the advance planning fund and
the planning and design activities funded through the design fund,
including needs assessments which may or may not lead to capital
investments, and salaries and associated costs of the resident engineers who oversee those capital investments funded through this
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1153
account, and funds provided for the purchase of land for the
National Cemetery Administration through the land acquisition
line item, none of the funds made available under this heading
shall be used for any project which has not been approved by
the Congress in the budgetary process: Provided further, That funds
made available under this heading for fiscal year 2012, for each
approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2012; and (2)
by the awarding of a construction contract by September 30, 2013:
Provided further, That the Secretary of Veterans Affairs shall
promptly submit to the Committees on Appropriations of both
Houses of Congress a written report on any approved major
construction project for which obligations are not incurred within
the time limitations established above.
Contracts.
Deadlines.
Reports.
CONSTRUCTION, MINOR PROJECTS
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the jurisdiction or
for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees
provided under the project, services of claims analysts, offsite utility
and storm drainage system construction costs, and site acquisition,
or for any of the purposes set forth in sections 316, 2404, 2406,
8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38,
United States Code, where the estimated cost of a project is equal
to or less than the amount set forth in section 8104(a)(3)(A) of
title 38, United States Code, $482,386,000, to remain available
until expended, along with unobligated balances of previous
‘‘Construction, minor projects’’ appropriations which are hereby
made available for any project where the estimated cost is equal
to or less than the amount set forth in such section: Provided,
That funds made available under this heading shall be for: (1)
repairs to any of the nonmedical facilities under the jurisdiction
or for the use of the Department which are necessary because
of loss or damage caused by any natural disaster or catastrophe;
and (2) temporary measures necessary to prevent or to minimize
further loss by such causes.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections
8131 through 8137 of title 38, United States Code, $85,000,000,
to remain available until expended.
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GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES
For grants to assist States and tribal governments in establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $46,000,000, to
remain available until expended.
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PUBL074
125 STAT. 1154
PUBLIC LAW 112–74—DEC. 23, 2011
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
Authority
request.
Time period.
SEC. 201. Any appropriation for fiscal year 2012 for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ may be transferred as necessary to any
other of the mentioned appropriations: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and such Committees
issue an approval, or absent a response, a period of 30 days has
elapsed.
(INCLUDING TRANSFER OF FUNDS)
Notification.
Authority
request.
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Authority
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SEC. 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2012, in this Act or any other Act,
under the ‘‘Medical services’’, ‘‘Medical support and compliance’’,
and ‘‘Medical facilities’’ accounts may be transferred among the
accounts: Provided, That any transfers between the ‘‘Medical services’’ and ‘‘Medical support and compliance’’ accounts of 1 percent
or less of the total amount appropriated to the account in this
or any other Act may take place subject to notification from the
Secretary of Veterans Affairs to the Committees on Appropriations
of both Houses of Congress of the amount and purpose of the
transfer: Provided further, That any transfers between the ‘‘Medical
services’’ and ‘‘Medical support and compliance’’ accounts in excess
of 1 percent, or exceeding the cumulative 1 percent for the fiscal
year, may take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued: Provided
further, That any transfers to or from the ‘‘Medical facilities’’
account may take place only after the Secretary requests from
the Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
SEC. 203. Appropriations available in this title for salaries
and expenses shall be available for services authorized by section
3109 of title 5, United States Code, hire of passenger motor vehicles;
lease of a facility or land or both; and uniforms or allowances
therefore, as authorized by sections 5901 through 5902 of title
5, United States Code.
SEC. 204. No appropriations in this title (except the appropriations for ‘‘Construction, major projects’’, and ‘‘Construction, minor
projects’’) shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
SEC. 205. No appropriations in this title shall be available
for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the
laws providing such benefits to veterans, and persons receiving
such treatment under sections 7901 through 7904 of title 5, United
States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the cost of such hospitalization or examination is made
to the ‘‘Medical services’’ account at such rates as may be fixed
by the Secretary of Veterans Affairs.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1155
SEC. 206. Appropriations available in this title for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ shall be available for payment of prior year
accrued obligations required to be recorded by law against the
corresponding prior year accounts within the last quarter of fiscal
year 2011.
SEC. 207. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a)
of title 31, United States Code, except that if such obligations
are from trust fund accounts they shall be payable only from ‘‘Compensation and pensions’’.
(INCLUDING TRANSFER OF FUNDS)
SEC. 208. Notwithstanding any other provision of law, during
fiscal year 2012, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title
38, United States Code, the Veterans’ Special Life Insurance Fund
under section 1923 of title 38, United States Code, and the United
States Government Life Insurance Fund under section 1955 of
title 38, United States Code, reimburse the ‘‘General operating
expenses, Veterans Benefits Administration’’ and ‘‘Information technology systems’’ accounts for the cost of administration of the insurance programs financed through those accounts: Provided, That
reimbursement shall be made only from the surplus earnings
accumulated in such an insurance program during fiscal year 2012
that are available for dividends in that program after claims have
been paid and actuarially determined reserves have been set aside:
Provided further, That if the cost of administration of such an
insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to the
extent of such surplus earnings: Provided further, That the Secretary shall determine the cost of administration for fiscal year
2012 which is properly allocable to the provision of each such
insurance program and to the provision of any total disability
income insurance included in that insurance program.
SEC. 209. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease services,
may be obligated during the fiscal year in which the proceeds
are received.
Reimbursement.
Determination.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 210. Funds available in this title or funds for salaries
and other administrative expenses shall also be available to
reimburse the Office of Resolution Management of the Department
of Veterans Affairs and the Office of Employment Discrimination
Complaint Adjudication under section 319 of title 38, United States
Code, for all services provided at rates which will recover actual
costs but not exceed $42,904,000 for the Office of Resolution
Management and $3,360,000 for the Office of Employment and
Discrimination Complaint Adjudication: Provided, That payments
may be made in advance for services to be furnished based on
estimated costs: Provided further, That amounts received shall be
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125 STAT. 1156
PUBLIC LAW 112–74—DEC. 23, 2011
credited to the ‘‘General administration’’ and ‘‘Information technology systems’’ accounts for use by the office that provided the
service.
SEC. 211. No appropriations in this title shall be available
to enter into any new lease of real property if the estimated annual
rental cost is more than $1,000,000, unless the Secretary submits
a report which the Committees on Appropriations of both Houses
of Congress approve within 30 days following the date on which
the report is received.
SEC. 212. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or medical
services provided to any person under chapter 17 of title 38, United
States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to
the Secretary of Veterans Affairs, in such form as the Secretary
may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided, That
the Secretary may recover, in the same manner as any other debt
due the United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for care
or services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are received.
Contracts.
Reports.
Deadline.
(INCLUDING TRANSFER OF FUNDS)
SEC. 213. Notwithstanding any other provision of law, proceeds
or revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ‘‘Construction, major projects’’
and ‘‘Construction, minor projects’’ accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such sums
as realized are in addition to the amount provided for in ‘‘Construction, major projects’’ and ‘‘Construction, minor projects’’.
SEC. 214. Amounts made available under ‘‘Medical services’’
are available—
(1) for furnishing recreational facilities, supplies, and equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(INCLUDING TRANSFER OF FUNDS)
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Native
Americans.
Requirements.
Regulations.
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SEC. 215. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38, United
States Code, may be transferred to ‘‘Medical services’’, to remain
available until expended for the purposes of that account.
SEC. 216. The Secretary of Veterans Affairs may enter into
agreements with Indian tribes and tribal organizations which are
party to the Alaska Native Health Compact with the Indian Health
Service, and Indian tribes and tribal organizations serving rural
Alaska which have entered into contracts with the Indian Health
Service under the Indian Self Determination and Educational
Assistance Act, to provide healthcare, including behavioral health
and dental care. The Secretary shall require participating veterans
and facilities to comply with all appropriate rules and regulations,
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1157
as established by the Secretary. The term ‘‘rural Alaska’’ shall
mean those lands sited within the external boundaries of the Alaska
Native regions specified in sections 7(a)(1)–(4) and (7)–(12) of the
Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1606),
and those lands within the Alaska Native regions specified in
sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims Settlement
Act, as amended (43 U.S.C. 1606), which are not within the boundaries of the Municipality of Anchorage, the Fairbanks North Star
Borough, the Kenai Peninsula Borough or the Matanuska Susitna
Borough.
Definition.
(INCLUDING TRANSFER OF FUNDS)
SEC. 217. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section 8118
of title 38, United States Code, may be transferred to the ‘‘Construction, major projects’’ and ‘‘Construction, minor projects’’ accounts,
to remain available until expended for the purposes of these
accounts.
SEC. 218. None of the funds made available in this title may
be used to implement any policy prohibiting the Directors of the
Veterans Integrated Services Networks from conducting outreach
or marketing to enroll new veterans within their respective Networks.
SEC. 219. The Secretary of Veterans Affairs shall submit to
the Committees on Appropriations of both Houses of Congress a
quarterly report on the financial status of the Veterans Health
Administration.
Deadlines.
Reports.
(INCLUDING TRANSFER OF FUNDS)
SEC. 220. Amounts made available under the ‘‘Medical services’’,
‘‘Medical support and compliance’’, ‘‘Medical facilities’’, ‘‘General
operating expenses, Veterans Benefits Administration’’, ‘‘General
administration’’, and ‘‘National Cemetery Administration’’ accounts
for fiscal year 2012, may be transferred to or from the ‘‘Information
technology systems’’ account: Provided, That before a transfer may
take place, the Secretary of Veterans Affairs shall request from
the Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
Authority
request.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 221. Amounts made available for the ‘‘Information technology systems’’ account for development, modernization, and
enhancement may be transferred between projects or to newly
defined projects: Provided, That no project may be increased or
decreased by more than $1,000,000 of cost prior to submitting
a request to the Committees on Appropriations of both Houses
of Congress to make the transfer and an approval is issued, or
absent a response, a period of 30 days has elapsed.
SEC. 222. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with:
(1) section 842 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law 109–115;
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Authority
request.
Time period.
PUBL074
125 STAT. 1158
Waiver authority.
Notice.
PUBLIC LAW 112–74—DEC. 23, 2011
119 Stat. 2506); or (2) section 8110(a)(5) of title 38, United States
Code.
SEC. 223. Of the amounts made available to the Department
of Veterans Affairs for fiscal year 2012, in this Act or any other
Act, under the ‘‘Medical facilities’’ account for nonrecurring maintenance, not more than 20 percent of the funds made available
shall be obligated during the last 2 months of that fiscal year:
Provided, That the Secretary may waive this requirement after
providing written notice to the Committees on Appropriations of
both Houses of Congress.
(INCLUDING TRANSFER OF FUNDS)
Notification.
SEC. 224. Of the amounts appropriated to the Department
of Veterans Affairs for fiscal year 2012 for ‘‘Medical services’’, ‘‘Medical support and compliance’’, ‘‘Medical facilities’’, ‘‘Construction,
minor projects’’, and ‘‘Information technology systems’’, up to
$241,666,000, plus reimbursements, may be transferred to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111–84; 123 Stat. 3571) and may be used for operation of
the facilities designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122
Stat. 4500): Provided, That additional funds may be transferred
from accounts designated in this section to the Joint Department
of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses
of Congress.
(INCLUDING TRANSFER OF FUNDS)
SEC. 225. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38, United
States Code, for health care provided at facilities designated as
combined Federal medical facilities as described by section 706
of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110–417; 122 Stat. 4500) shall also be
available: (1) for transfer to the Joint Department of DefenseDepartment of Veterans Affairs Medical Facility Demonstration
Fund, established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123
Stat. 3571); and (2) for operations of the facilities designated as
combined Federal medical facilities as described by section 706
of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110–417; 122 Stat. 4500).
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(INCLUDING TRANSFER OF FUNDS)
SEC. 226. Of the amounts available in this title for ‘‘Medical
services’’, ‘‘Medical support and compliance’’, and ‘‘Medical facilities’’, a minimum of $15,000,000, shall be transferred to the DODVA Health Care Sharing Incentive Fund, as authorized by section
8111(d) of title 38, United States Code, to remain available until
expended, for any purpose authorized by section 8111 of title 38,
United States Code.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1159
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(INCLUDING RESCISSIONS OF FUNDS)
SEC. 227. (a) Of the funds appropriated in title X of division
B of Public Law 112–10, the following amounts which became
available on October 1, 2011, are hereby rescinded from the following accounts in the amounts specified:
(1) ‘‘Department of Veterans Affairs, Medical services’’,
$1,400,000,000.
(2) ‘‘Department of Veterans Affairs, Medical support and
compliance’’, $100,000,000.
(3) ‘‘Department of Veterans Affairs, Medical facilities’’,
$250,000,000.
(b) In addition to amounts provided elsewhere in this Act,
an additional amount is appropriated to the following accounts
in the amounts specified to remain available until September 30,
2013:
(1) ‘‘Department of Veterans Affairs, Medical services’’,
$1,400,000,000.
(2) ‘‘Department of Veterans Affairs, Medical support and
compliance’’, $100,000,000.
(3) ‘‘Department of Veterans Affairs, Medical facilities’’,
$250,000,000.
SEC. 228. The Secretary of the Department of Veterans Affairs
shall notify the Committees on Appropriations of both Houses of
Congress of all bid savings in major construction projects that
total at least $5,000,000, or 5 percent of the programmed amount
of the project, whichever is less: Provided, That such notification
shall occur within 14 days of a contract identifying the programmed
amount: Provided further, That the Secretary shall notify the
committees 14 days prior to the obligation of such bid savings
and shall describe the anticipated use of such savings.
SEC. 229. The scope of work for a project included in ‘‘Construction, major projects’’ may not be increased above the scope specified
for that project in the original justification data provided to the
Congress as part of the request for appropriations.
SEC. 230. (a) EXCEPTION WITH RESPECT TO CONFIDENTIAL
NATURE OF CLAIMS.—Section 5701 of title 38, United States Code,
is amended by adding at the end the following new subsection:
‘‘(l) Under regulations the Secretary shall prescribe, the Secretary may disclose information about a veteran or the dependent
of a veteran to a State controlled substance monitoring program,
including a program approved by the Secretary of Health and
Human Services under section 399O of the Public Health Service
Act (42 U.S.C. 280g–3), to the extent necessary to prevent misuse
and diversion of prescription medicines.’’.
(b) EXCEPTION WITH RESPECT TO CONFIDENTIALITY OF CERTAIN
MEDICAL RECORDS.—Section 7332(b)(2) of title 38, United States
Code, is amended by adding at the end the following new subparagraph:
‘‘(G) To a State controlled substance monitoring program, including a program approved by the Secretary of
Health and Human Services under section 399O of the
Public Health Service Act (42 U.S.C. 280g–3), to the extent
necessary to prevent misuse and diversion of prescription
medicines.’’.
SEC. 231. The Secretary of Veterans Affairs shall provide on
a quarterly basis to the Committees on Appropriations of both
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Notifications.
Contracts.
Deadlines.
Regulations.
Deadlines.
Reports.
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125 STAT. 1160
Contracts.
PUBLIC LAW 112–74—DEC. 23, 2011
Houses of Congress notification of any single national outreach
and awareness marketing campaign in which obligations exceed
$2,000,000. The first report shall be submitted no later than April
15, 2012.
SEC. 232. None of the funds made available by this Act may
be used to declare as excess to the needs of the Department of
Veterans Affairs or otherwise take any action to exchange, trade,
auction, transfer, or otherwise dispose of, or reduce the acreage
of, Federal land and improvements at the St. Albans campus, consisting of approximately 55 acres of land, with borders near Linden
Boulevard on the northwest, 115th Avenue on the west, the Long
Island Railroad on the northeast, and Baisley Boulevard on the
southeast.
SEC. 233. None of the funds made available in this Act may
be used to enter into a contract using procedures that do not
give to small business concerns owned and controlled by veterans
(as that term is defined in section 3(q)(3) of the Small Business
Act (15 U.S.C. 632(q)(3)) that are included in the database under
section 8127(f) of title 38, United States Code, any preference available with respect to such contract, except for a preference given
to small business concerns owned and controlled by service-disabled
veterans (as defined in section 3(q)(2) of the Small Business Act
(15 U.S.C. 632(q)(2)).
SEC. 234. Section 315(b) of title 38, United States Code, is
amended by striking ‘‘December 31, 2011’’ and inserting ‘‘December
31, 2012’’.
TITLE III
RELATED AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase
(one-for-one replacement basis only) and hire of passenger motor
vehicles; not to exceed $7,500 for official reception and representation expenses; and insurance of official motor vehicles in foreign
countries, when required by law of such countries, $61,100,000,
to remain available until expended.
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FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes authorized by section 2109 of title 36, United States Code.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
UNITED STATES COURT
OF
APPEALS
FOR
125 STAT. 1161
VETERANS CLAIMS
SALARIES AND EXPENSES
For necessary expenses for the operation of the United States
Court of Appeals for Veterans Claims as authorized by sections
7251 through 7298 of title 38, United States Code, $30,770,000:
Provided, That $2,726,323 shall be available for the purpose of
providing financial assistance as described, and in accordance with
the process and reporting procedures set forth, under this heading
in Public Law 102–229.
DEPARTMENT
OF
DEFENSE—CIVIL
CEMETERIAL EXPENSES, ARMY
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and
Soldiers’ and Airmen’s Home National Cemetery, including the
purchase or lease of passenger motor vehicles for replacement on
a one-for-one basis only, and not to exceed $1,000 for official reception and representation expenses, $45,800,000, to remain available
until expended. In addition, such sums as may be necessary for
parking maintenance, repairs and replacement, to be derived from
the ‘‘Lease of Department of Defense Real Property for Defense
Agencies’’ account.
Funds appropriated under this Act may be provided to
Arlington County, Virginia, for the relocation of the federally owned
water main at Arlington National Cemetery making additional land
available for ground burials.
ARMED FORCES RETIREMENT HOME
TRUST FUND
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home—
Washington, District of Columbia, and the Armed Forces Retirement
Home—Gulfport, Mississippi, to be paid from funds available in
the Armed Forces Retirement Home Trust Fund, $67,700,000, of
which $2,000,000 shall remain available until expended for
construction and renovation of the physical plants at the Armed
Forces Retirement Home—Washington, District of Columbia, and
the Armed Forces Retirement Home—Gulfport, Mississippi.
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GENERAL FUND PAYMENT, ARMED FORCES RETIREMENT HOME
For payment to the ‘‘Armed Forces Retirement Home’’,
$14,630,000, to remain available until expended, for expenses necessary to mitigate structural damage sustained to buildings on
the Armed Forces Retirement Home—Washington, District of
Columbia, campus as a result of the August 2011 earthquake.
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PUBL074
125 STAT. 1162
PUBLIC LAW 112–74—DEC. 23, 2011
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION, ARMY
For an additional amount for ‘‘Military Construction, Army’’,
$80,000,000, to remain available until September 30, 2012: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
MILITARY CONSTRUCTION, NAVY
AND
MARINE CORPS
For an additional amount for ‘‘Military Construction, Navy
and Marine Corps’’, $189,703,000, to remain available until September 30, 2012: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
ADMINISTRATIVE PROVISIONS
(INCLUDING RESCISSION OF FUNDS)
SEC. 401. Of the unobligated balances in title IV, division
E of Public Law 111–117, $269,703,000 are hereby rescinded: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
TITLE V
GENERAL PROVISIONS
Pay raises.
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SEC. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 502. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment, the
protection of private property rights, or unfunded mandates.
SEC. 503. Such sums as may be necessary for fiscal year 2012
for pay raises for programs funded by this Act shall be absorbed
within the levels appropriated in this Act.
SEC. 504. No part of any funds appropriated in this Act shall
be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution,
or use of any kit, pamphlet, booklet, publication, radio, television,
or film presentation designed to support or defeat legislation
pending before Congress, except in presentation to Congress itself.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1163
SEC. 505. All departments and agencies funded under this
Act are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ‘‘E–Commerce’’
technologies and procedures in the conduct of their business practices and public service activities.
SEC. 506. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on
Military Construction and Veterans Affairs, and Related Agencies
of the Committee on Appropriations of the House of Representatives
and the Subcommittee on Military Construction and Veterans
Affairs, and Related Agencies of the Committee on Appropriations
of the Senate.
SEC. 507. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this or any other appropriations Act.
SEC. 508. None of the funds made available in this Act may
be used for a project or program named for an individual serving
as a Member, Delegate, or Resident Commissioner of the United
States House of Representatives.
SEC. 509. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by
the Congress in this or any other Act, upon the determination
by the head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the requesting
Committee or Committees of Congress for no less than 45 days.
SEC. 510. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
SEC. 511. (a) IN GENERAL.—None of the funds appropriated
or otherwise made available to the Department of Defense in this
Act may be used to construct, renovate, or expand any facility
in the United States, its territories, or possessions to house any
individual detained at United States Naval Station, Guantanamo
Bay, Cuba, for the purposes of detention or imprisonment in the
custody or under the control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
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Submissions.
Web posting.
Public
information.
Reports.
Time period.
Detainees.
Cuba.
PUBL074
125 STAT. 1164
PUBLIC LAW 112–74—DEC. 23, 2011
(2) is—
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
SEC. 512. None of the funds appropriated or otherwise made
available in this Act may be used by an agency of the executive
branch to pay for first-class travel by an employee of the agency
in contravention of sections 301–10.122 through 301–10.124 of title
41, Code of Federal Regulations.
SEC. 513. None of the funds provided in this Act may be
used to execute a contract for goods or services, including construction services, where the contractor has not complied with Executive
Order No. 12989.
SEC. 514. None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, or to make a grant to, any corporation that was convicted of a felony criminal violation under any
Federal or State law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless the agency
has considered suspension or debarment of the corporation and
made a determination that this further action is not necessary
to protect the interests of the Government.
This division may be cited as the ‘‘Military Construction and
Veterans Affairs, and Related Agencies Appropriations Act, 2012’’.
Department of
State, Foreign
Operations, and
Related
Programs
Appropriations
Act, 2012.
DIVISION I—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS
ACT, 2012
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
ADMINISTRATION
OF
FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
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(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $6,550,947,000, of which
up to $1,355,000,000 is for Worldwide Security Protection (to remain
available until expended): Provided, That funds made available
under this heading shall be allocated as follows:
(1) HUMAN RESOURCES.—For necessary expenses for
training, human resources management, and salaries, including
employment without regard to civil service and classification
laws of persons on a temporary basis (not to exceed $700,000),
as authorized by section 801 of the United States Information
and Educational Exchange Act of 1948, $2,277,862,000, to
remain available until September 30, 2013, of which not less
than $121,814,000 shall be available only for public diplomacy
American salaries, and up to $203,800,000 is for Worldwide
Security Protection and shall remain available until expended.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1165
(2) OVERSEAS PROGRAMS.—For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $2,109,293,000, to remain available until September 30, 2013, of which not less than
$347,572,000 shall be available only for public diplomacy international information programs.
(3) DIPLOMATIC POLICY AND SUPPORT.—For necessary
expenses for the functional bureaus of the Department of State
including representation to certain international organizations
in which the United States participates pursuant to treaties
ratified pursuant to the advice and consent of the Senate or
specific Acts of Congress, general administration, and arms
control, nonproliferation and disarmament activities as authorized, $822,513,000, to remain available until September 30,
2013.
(4) SECURITY PROGRAMS.—For necessary expenses for security activities, $1,341,279,000, to remain available until September 30, 2013, of which up to $1,151,200,000 is for Worldwide
Security Protection and shall remain available until expended.
(5) FEES AND PAYMENTS COLLECTED.—In addition to
amounts otherwise made available under this heading—
(A) not to exceed $1,753,991 shall be derived from
fees collected from other executive agencies for lease or
use of facilities located at the International Center in
accordance with section 4 of the International Center Act,
and, in addition, as authorized by section 5 of such Act,
$520,150, to be derived from the reserve authorized by
that section, to be used for the purposes set out in that
section;
(B) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures,
and publication programs and from fees from educational
advising and counseling and exchange visitor programs;
and
(C) not to exceed $15,000, which shall be derived from
reimbursements, surcharges and fees for use of Blair House
facilities.
(6) TRANSFER, REPROGRAMMING, AND OTHER MATTERS.—
(A) Notwithstanding any provision of this Act, funds
may be reprogrammed within and between subsections
under this heading subject to section 7015 of this Act;
(B) Of the amount made available under this heading,
not to exceed $10,000,000 may be transferred to, and
merged with, funds made available by this Act under the
heading ‘‘Emergencies in the Diplomatic and Consular
Service’’, to be available only for emergency evacuations
and rewards, as authorized; and
(C) Funds appropriated under this heading are available for acquisition by exchange or purchase of passenger
motor vehicles as authorized by law and, pursuant to 31
U.S.C. 1108(g), for the field examination of programs and
activities in the United States funded from any account
contained in this title.
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125 STAT. 1166
PUBLIC LAW 112–74—DEC. 23, 2011
(D) Of the amount made available under this heading,
up to $6,000,000 may be transferred to, and merged with,
funds made available by this Act under the heading
‘‘Department of State, Administration of Foreign Affairs,
Capital Investment Fund’’: Provided, That the transfer
authority of this subparagraph is in addition to any other
transfer authority available to the Secretary of State.
(E)(i) The headings ‘‘Civilian Stabilization Initiative’’
in titles I and II of prior acts making appropriations for
the Department of State, foreign operations, and related
programs shall be renamed ‘‘Conflict Stabilization Operations’’.
(ii) Of the funds appropriated under this heading, up
to $35,000,000, to remain available until expended, may
be transferred to, and merged with, funds previously made
available under the heading ‘‘Conflict Stabilization Operations’’ in title I of prior acts making appropriations for
the Department of State, foreign operations and related
programs, as amended by subparagraph (i).
(F) None of the funds appropriated under this heading
may be used for the preservation of religious sites unless
the Secretary of State determines and reports to the
Committees on Appropriations that such sites are historically, artistically, or culturally significant, that the purpose
of the project is neither to advance nor to inhibit the
free exercise of religion, and that the project is in the
national interest of the United States.
Historic
preservation.
Religion.
Determination.
Reports.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund,
$59,380,000, to remain available until expended, as authorized:
Provided, That section 135(e) of Public Law 103–236 shall not
apply to funds available under this heading.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$61,904,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (Public Law 96–465), as it relates to post
inspections.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
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For expenses of educational and cultural exchange programs,
as authorized, $583,200,000, to remain available until expended:
Provided, That not to exceed $5,000,000, to remain available until
expended, may be credited to this appropriation from fees or other
payments received from or in connection with English teaching,
educational advising and counseling programs, and exchange visitor
programs as authorized.
REPRESENTATION ALLOWANCES
For representation allowances as authorized, $7,300,000.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1167
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the Secretary
of State to provide for extraordinary protective services, as authorized, $27,000,000, to remain available until September 30, 2013.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292–303), preserving, maintaining,
repairing, and planning for buildings that are owned or directly
leased by the Department of State, renovating, in addition to funds
otherwise available, the Harry S Truman Building, and carrying
out the Diplomatic Security Construction Program as authorized,
$762,000,000, to remain available until expended as authorized,
of which not to exceed $25,000 may be used for domestic and
overseas representation as authorized: Provided, That none of the
funds appropriated in this paragraph shall be available for acquisition of furniture, furnishings, or generators for other departments
and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $775,000,000, to remain
available until expended: Provided, That not later than 45 days
after enactment of this Act, the Secretary of State shall submit
to the Committees on Appropriations the proposed allocation of
funds made available under this heading and the actual and anticipated proceeds of sales for all projects in fiscal year 2012.
Deadline.
Submission.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and Consular Service, $9,300,000, to remain available until expended as
authorized, of which not to exceed $1,000,000 may be transferred
to, and merged with, funds appropriated by this Act under the
heading ‘‘Repatriation Loans Program Account’’, subject to the same
terms and conditions.
REPATRIATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
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For the cost of direct loans, $1,447,000, as authorized, of which
$710,000 may be made available for administrative expenses necessary to carry out the direct loan program and may be paid
to ‘‘Diplomatic and Consular Programs’’: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96–8), $21,108,000.
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125 STAT. 1168
PUBLIC LAW 112–74—DEC. 23, 2011
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY
FUND
For payment to the Foreign Service Retirement and Disability
Fund, as authorized, $158,900,000.
INTERNATIONAL ORGANIZATIONS
United Nations.
22 USC 269a
note.
Budget.
Notification.
Deadline.
Reports.
Deadline.
Notification.
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the advice
and consent of the Senate, conventions or specific Acts of Congress,
$1,449,700,000: Provided, That the Secretary of State shall, at
the time of the submission of the President’s budget to Congress
under section 1105(a) of title 31, United States Code, transmit
to the Committees on Appropriations the most recent biennial
budget prepared by the United Nations for the operations of the
United Nations: Provided further, That the Secretary of State shall
notify the Committees on Appropriations at least 15 days in advance
(or in an emergency, as far in advance as is practicable) of any
United Nations action to increase funding for any United Nations
program without identifying an offsetting decrease elsewhere in
the United Nations budget: Provided further, That the Secretary
of State shall report to the Committees on Appropriations not
later than May 1, 2012, on any credits available to the United
States from the United Nations Tax Equalization Fund (TEF) and
provide updated fiscal year 2013 assessment costs including offsets
from available TEF credits and updated foreign currency exchange
rates: Provided further, That any such credits shall only be available
for United States assessed contributions to the United Nations
and shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That any payment
of arrearages under this heading shall be directed toward activities
that are mutually agreed upon by the United States and the respective international organization: Provided further, That none of the
funds appropriated under this heading shall be available for a
United States contribution to an international organization for the
United States share of interest costs made known to the United
States Government by such organization for loans incurred on or
after October 1, 1984, through external borrowings.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
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Notification.
Human
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Web site.
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For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the maintenance
or restoration of international peace and security, $1,828,182,000,
of which 15 percent shall remain available until September 30,
2013: Provided, That none of the funds made available by this
Act shall be obligated or expended for any new or expanded United
Nations peacekeeping mission unless, at least 15 days in advance
of voting for the new or expanded mission in the United Nations
Security Council (or in an emergency as far in advance as is
practicable), the Committees on Appropriations are notified: (1)
of the estimated cost and duration of the mission, the national
interest that will be served, and the exit strategy; (2) that the
United Nations has taken necessary measures to prevent United
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1169
Nations employees, contractor personnel, and peacekeeping troops
serving in the mission from trafficking in persons, exploiting victims
of trafficking, or committing acts of illegal sexual exploitation or
other violations of human rights, and to bring to justice individuals
who engage in such acts while participating in the peacekeeping
mission, including prosecution in their home countries of such
individuals in connection with such acts, and to make information
about such cases publicly available in the country where an alleged
crime occurs and on the United Nations’ Web site; and (3) pursuant
to section 7015 of this Act, and the procedures therein followed,
setting forth the source of funds that will be used to pay the
cost of the new or expanded mission: Provided further, That funds
shall be available for peacekeeping expenses unless the Secretary
of State determines that American manufacturers and suppliers
are not being given opportunities to provide equipment, services,
and material for United Nations peacekeeping activities equal to
those being given to foreign manufacturers and suppliers: Provided
further, That the Secretary of State shall work with the United
Nations and governments contributing peacekeeping troops to
develop effective vetting procedures to ensure that such troops
have not violated human rights: Provided further, That none of
the funds appropriated or otherwise made available under this
heading may be used for any United Nations peacekeeping mission
that will involve United States Armed Forces under the command
or operational control of a foreign national, unless the President’s
military advisors have submitted to the President a recommendation that such involvement is in the national interests of the United
States and the President has submitted to the Congress such a
recommendation: Provided further, That notwithstanding any other
provision of law, funds appropriated or otherwise made available
under this heading shall be available for United States assessed
contributions up to the amount specified in Annex IV accompanying
United Nations General Assembly Resolution 64/220: Provided further, That such funds may be made available above the amount
authorized in section 404(b)(2)(B) of the Foreign Relations
Authorization Act, fiscal years 1994 and 1995 (22 U.S.C. 287e
note) only if the Secretary of State determines and reports to
the Committees on Appropriations, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate that it is important to the national
interest of the United States: Provided further, That the Secretary
of State shall report to the Committees on Appropriations not
later than May 1, 2012, of any credits available to the United
States resulting from United Nations peacekeeping missions or
the United Nations Tax Equalization Fund: Provided further, That
any such credits shall only be available for United States assessed
contributions to the United Nations and shall be subject to the
regular notification procedures of the Committees on Appropriations.
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INTERNATIONAL COMMISSIONS
Determination.
Human rights.
Recommendation.
Determination.
Reports.
Reports.
Deadline.
Notification.
22 USC 269a
note.
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
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PUBL074
125 STAT. 1170
PUBLIC LAW 112–74—DEC. 23, 2011
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES
AND MEXICO
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as follows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$44,722,000.
CONSTRUCTION
For detailed plan preparation and construction of authorized
projects, $31,453,000, to remain available until expended, as authorized.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and the
Border Environment Cooperation Commission as authorized by
Public Law 103–182, $11,687,000: Provided, That of the amount
provided under this heading for the International Joint Commission,
$9,000 may be made available for representation expenses.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries commissions,
not otherwise provided for, as authorized by law, $36,300,000: Provided, That the United States share of such expenses may be
advanced to the respective commissions pursuant to 31 U.S.C. 3324.
RELATED AGENCY
BROADCASTING BOARD
OF
GOVERNORS
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INTERNATIONAL BROADCASTING OPERATIONS
For necessary expenses to enable the Broadcasting Board of
Governors (BBG), as authorized, to carry out international communication activities, and to make and supervise grants for radio
and television broadcasting to the Middle East, $740,100,000: Provided, That funds appropriated under this heading shall be made
available to expand unrestricted access to information on the Internet through the development and use of circumvention and secure
communication technologies: Provided further, That the circumvention technologies and programs supported by such funds shall
undergo a review, to include an assessment of protections against
such technologies being used for illicit purposes: Provided further,
That the BBG shall coordinate the development and use of such
technologies with the Secretary of State, as appropriate: Provided
further, That of the total amount appropriated under this heading,
not to exceed $16,000 may be used for official receptions within
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1171
the United States as authorized, not to exceed $35,000 may be
used for representation abroad as authorized, and not to exceed
$39,000 may be used for official reception and representation
expenses of Radio Free Europe/Radio Liberty: Provided further,
That the authority provided by section 504(c) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107–228;
22 U.S.C. 6206 note) shall remain in effect through September
30, 2012: Provided further, That the BBG shall notify the Committees on Appropriations within 15 days of any determination by
the Board that any of its broadcast entities, including its grantee
organizations, provides an open platform for international terrorists
or those who support international terrorism, or is in violation
of the principles and standards set forth in the United States
International Broadcasting Act of 1994 (22 U.S.C. 6202(a) and
(b)) or the entity’s journalistic code of ethics: Provided further,
That significant modifications to BBG broadcast hours previously
justified to Congress, including changes to transmission platforms
(shortwave, medium wave, satellite, Internet, and television), for
all BBG language services shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further,
That in addition to funds made available under this heading, and
notwithstanding any other provision of law, up to $2,000,000 in
receipts from advertising and revenue from business ventures, up
to $500,000 in receipts from cooperating international organizations,
and up to $1,000,000 in receipts from privatization efforts of the
Voice of America and the International Broadcasting Bureau, to
remain available until expended for carrying out authorized purposes.
Extension date.
22 USC 6206
note.
Notification.
Deadline.
Notification.
BROADCASTING CAPITAL IMPROVEMENTS
For the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception, and purchase and installation of necessary equipment for radio and television transmission and reception, including to Cuba, as authorized,
$7,030,000, to remain available until expended, as authorized.
RELATED PROGRAMS
THE ASIA FOUNDATION
For a grant to The Asia Foundation, as authorized by The
Asia Foundation Act (22 U.S.C. 4402), $17,000,000, to remain available until expended, as authorized.
UNITED STATES INSTITUTE
OF
PEACE
For necessary expenses of the United States Institute of Peace,
as authorized by the United States Institute of Peace Act,
$30,589,000, to remain available until September 30, 2013, which
shall not be used for construction activities.
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CENTER
FOR
MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND
For necessary expenses of the Center for Middle EasternWestern Dialogue Trust Fund, as authorized by section 633 of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2004 (22 U.S.C. 2078),
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PUBL074
125 STAT. 1172
PUBLIC LAW 112–74—DEC. 23, 2011
the total amount of the interest and earnings accruing to such
Fund on or before September 30, 2012, to remain available until
expended.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest
and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2012, to remain
available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof,
in excess of the rate authorized by 5 U.S.C. 5376; or for purposes
which are not in accordance with OMB Circulars A–110 (Uniform
Administrative Requirements) and A–122 (Cost Principles for Nonprofit Organizations), including the restrictions on compensation
for personal services.
ISRAELI ARAB SCHOLARSHIP PROGRAM
For necessary expenses of the Israeli Arab Scholarship Program, as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452),
all interest and earnings accruing to the Israeli Arab Scholarship
Fund on or before September 30, 2012, to remain available until
expended.
EAST-WEST CENTER
To enable the Secretary of State to provide for carrying out
the provisions of the Center for Cultural and Technical Interchange
Between East and West Act of 1960, by grant to the Center for
Cultural and Technical Interchange Between East and West in
the State of Hawaii, $16,700,000: Provided, That none of the funds
appropriated herein shall be used to pay any salary, or enter
into any contract providing for the payment thereof, in excess
of the rate authorized by 5 U.S.C. 5376.
NATIONAL ENDOWMENT
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Deadline.
Reports.
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FOR
DEMOCRACY
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National Endowment for Democracy Act, $117,764,000, to remain available until
expended, of which $100,000,000 shall be allocated in the traditional
and customary manner, including for the core institutes, and
$17,764,000 shall be for democracy, human rights, and rule of
law programs: Provided, That the President of the National Endowment for Democracy shall submit to the Committees on Appropriations not later than 45 days after the date of enactment of this
Act a report on the proposed uses of funds under this heading
on a regional and country basis.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1173
OTHER COMMISSIONS
COMMISSION
FOR THE
PRESERVATION
ABROAD
OF
AMERICA’S HERITAGE
SALARIES AND EXPENSES
For necessary expenses for the Commission for the Preservation
of America’s Heritage Abroad, $634,000, as authorized by section
1303 of Public Law 99–83.
UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS
FREEDOM
SALARIES AND EXPENSES
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105–
292), $3,000,000, to remain available until September 30, 2013:
Provided, That section 209 of the International Religious Freedom
Act of 1998 (22 U.S.C. 6436) shall be applied by substituting ‘‘September 30, 2012’’ for ‘‘September 30, 2011’’: Provided further, That
notwithstanding the expenditure limitation specified in section
208(c)(1) of such Act (22 U.S.C. 6435a(c)(1)), the Commission may
expend up to $250,000 of the funds made available under this
heading to procure temporary and intermittent services under the
authority of section 3109(b) of title 5, United States Code: Provided
further, That travel by members and staff of the Commission shall
be arranged and conducted under the rules and procedures applying
to travel by members and staff of the House of Representatives:
Provided further, That for the purposes of employment rights, any
employee of the Commission shall be considered to be a congressional employee as defined in section 2107 of title 5, United States
Code and the Commission shall be treated as a congressional
employing office.
COMMISSION
ON
SECURITY
AND
COOPERATION
IN
Applicability.
22 USC 6436
note.
EUROPE
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94–304,
$2,715,000, to remain available until September 30, 2013.
CONGRESSIONAL-EXECUTIVE COMMISSION
REPUBLIC OF CHINA
ON THE
PEOPLE’S
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SALARIES AND EXPENSES
For necessary expenses of the Congressional-Executive Commission on the People’s Republic of China, as authorized by title III
of the U.S.-China Relations Act of 2000 (22 U.S.C. 6911–6919),
$1,996,000, including not more than $3,000 for the purpose of
official representation, to remain available until September 30,
2013.
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PUBL074
125 STAT. 1174
PUBLIC LAW 112–74—DEC. 23, 2011
UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW
COMMISSION
SALARIES AND EXPENSES
Extension date.
Applicability.
For necessary expenses of the United States-China Economic
and Security Review Commission, as authorized by section 1238
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002), $3,493,000, including not more
than $4,000 for the purpose of official representation, to remain
available until September 30, 2013: Provided, That the authorities,
requirements, limitations, and conditions contained in the second
through sixth provisos under this heading in division F of Public
Law 111–117 shall continue in effect during fiscal year 2012 and
shall apply to funds appropriated under this heading as if included
in this Act.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
FUNDS APPROPRIATED
TO THE
PRESIDENT
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Reports.
Deadline.
Contracts.
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Notification.
Notification.
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For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $1,092,300,000, to remain
available until September 30, 2013, of which not less than
$25,000,000 should be for costs associated with procurement reform:
Provided, That none of the funds appropriated under this heading
and under the heading ‘‘Capital Investment Fund’’ in this title
may be made available to finance the construction (including
architect and engineering services), purchase, or long-term lease
of offices for use by the United States Agency for International
Development (USAID), unless the USAID Administrator has identified such proposed use of funds in a report submitted to the Committees on Appropriations at least 15 days prior to the obligation
of funds for such purposes: Provided further, That contracts or
agreements entered into with funds appropriated under this
heading during fiscal year 2013 may entail commitments for the
expenditure of such funds through the following fiscal year: Provided further, That any decision to open a new or reorganized
USAID mission, bureau, center, or office or, except where there
is a substantial security risk to mission personnel, to close or
significantly reduce the number of personnel of any such mission
or office, shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That the
authority of sections 610 and 109 of the Foreign Assistance Act
of 1961 may be exercised by the Secretary of State to transfer
funds appropriated to carry out chapter 1 of part I of such Act
to ‘‘Operating Expenses’’ in accordance with the provisions of those
sections: Provided further, That any reprogramming of funds in
excess of $1,000,000 or 10 percent, whichever is less, to the cost
categories in the table included under this heading in the joint
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1175
explanatory statement accompanying this Act for funds appropriated under this heading, shall be subject to the regular notification procedures of the Committees on Appropriations: Provided
further, That of the funds appropriated or made available under
this heading, not to exceed $250,000 may be available for representation and entertainment allowances, of which not to exceed $5,000
may be available for entertainment allowances, for USAID during
the current fiscal year: Provided further, That no such entertainment funds may be used for the purposes listed in section 7020
of this Act: Provided further, That appropriate steps shall be taken
to assure that, to the maximum extent possible, United Statesowned foreign currencies are utilized in lieu of dollars.
CAPITAL INVESTMENT FUND
For necessary expenses for overseas construction and related
costs, and for the procurement and enhancement of information
technology and related capital investments, pursuant to section
667 of the Foreign Assistance Act of 1961, $129,700,000, to remain
available until expended: Provided, That this amount is in addition
to funds otherwise available for such purposes: Provided further,
That funds appropriated under this heading shall be available
for obligation only pursuant to the regular notification procedures
of the Committees on Appropriations.
Notification.
OFFICE OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $46,500,000, to remain
available until September 30, 2013, which sum shall be available
for the Office of Inspector General of the United States Agency
for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED
TO THE
PRESIDENT
For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
GLOBAL HEALTH PROGRAMS
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(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of chapters
1 and 10 of part I of the Foreign Assistance Act of 1961, for
global health activities, in addition to funds otherwise available
for such purposes, $2,625,000,000, to remain available until September 30, 2013, and which shall be apportioned directly to the
United States Agency for International Development (USAID): Provided, That this amount shall be made available for training, equipment, and technical assistance to build the capacity of public health
institutions and organizations in developing countries, and for such
activities as: (1) child survival and maternal health programs; (2)
immunization and oral rehydration programs; (3) other health,
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HIV/AIDS.
PUBL074
125 STAT. 1176
President.
Determination.
Abortion.
Sterilization.
Deadline.
Abortion.
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Lobbying.
Abortion.
Family planning.
Requirements.
Deadline.
Determination.
Reports.
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PUBLIC LAW 112–74—DEC. 23, 2011
nutrition, water and sanitation programs which directly address
the needs of mothers and children, and related education programs;
(4) assistance for children displaced or orphaned by causes other
than AIDS; (5) programs for the prevention, treatment, control
of, and research on HIV/AIDS, tuberculosis, polio, malaria, and
other infectious diseases including neglected tropical diseases, and
for assistance to communities severely affected by HIV/AIDS,
including children infected or affected by AIDS; and (6) family
planning/reproductive health: Provided further, That funds appropriated under this paragraph may be made available for a United
States contribution to the GAVI Alliance: Provided further, That
none of the funds made available in this Act nor any unobligated
balances from prior appropriations Acts may be made available
to any organization or program which, as determined by the President of the United States, supports or participates in the management of a program of coercive abortion or involuntary sterilization:
Provided further, That any determination made under the previous
proviso must be made no later than 6 months after the date of
enactment of this Act, and must be accompanied by the evidence
and criteria utilized to make the determination: Provided further,
That none of the funds made available under this Act may be
used to pay for the performance of abortion as a method of family
planning or to motivate or coerce any person to practice abortions:
Provided further, That nothing in this paragraph shall be construed
to alter any existing statutory prohibitions against abortion under
section 104 of the Foreign Assistance Act of 1961: Provided further,
That none of the funds made available under this Act may be
used to lobby for or against abortion: Provided further, That in
order to reduce reliance on abortion in developing nations, funds
shall be available only to voluntary family planning projects which
offer, either directly or through referral to, or information about
access to, a broad range of family planning methods and services,
and that any such voluntary family planning project shall meet
the following requirements: (1) service providers or referral agents
in the project shall not implement or be subject to quotas, or
other numerical targets, of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning (this provision shall not be construed to include the use
of quantitative estimates or indicators for budgeting and planning
purposes); (2) the project shall not include payment of incentives,
bribes, gratuities, or financial reward to: (A) an individual in
exchange for becoming a family planning acceptor; or (B) program
personnel for achieving a numerical target or quota of total number
of births, number of family planning acceptors, or acceptors of
a particular method of family planning; (3) the project shall not
deny any right or benefit, including the right of access to participate
in any program of general welfare or the right of access to health
care, as a consequence of any individual’s decision not to accept
family planning services; (4) the project shall provide family planning acceptors comprehensible information on the health benefits
and risks of the method chosen, including those conditions that
might render the use of the method inadvisable and those adverse
side effects known to be consequent to the use of the method;
and (5) the project shall ensure that experimental contraceptive
drugs and devices and medical procedures are provided only in
the context of a scientific study in which participants are advised
of potential risks and benefits; and, not less than 60 days after
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1177
the date on which the USAID Administrator determines that there
has been a violation of the requirements contained in paragraph
(1), (2), (3), or (5) of this proviso, or a pattern or practice of
violations of the requirements contained in paragraph (4) of this
proviso, the Administrator shall submit to the Committees on
Appropriations a report containing a description of such violation
and the corrective action taken by the Agency: Provided further,
That in awarding grants for natural family planning under section
104 of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant’s religious or conscientious commitment to offer only natural family planning; and,
additionally, all such applicants shall comply with the requirements
of the previous proviso: Provided further, That for purposes of
this or any other Act authorizing or appropriating funds for the
Department of State, foreign operations, and related programs,
the term ‘‘motivate’’, as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent with
local law, of information or counseling about all pregnancy options:
Provided further, That information provided about the use of
condoms as part of projects or activities that are funded from
amounts appropriated by this Act shall be medically accurate and
shall include the public health benefits and failure rates of such
use.
In addition, for necessary expenses to carry out the provisions
of the Foreign Assistance Act of 1961 for the prevention, treatment,
and control of, and research on, HIV/AIDS, $5,542,860,000, to
remain available until September 30, 2016, which shall be apportioned directly to the Department of State: Provided, That funds
appropriated under this paragraph may be made available, notwithstanding any other provision of law, except for the United States
Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of
2003 (Public Law 108–25), as amended, for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis and
Malaria (Global Fund), and shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That the amount of such contribution should
be $1,050,000,000: Provided further, That up to 5 percent of the
aggregate amount of funds made available to the Global Fund
in fiscal year 2012 may be made available to USAID for technical
assistance related to the activities of the Global Fund: Provided
further, That of the funds appropriated under this paragraph, up
to $14,250,000 may be made available, in addition to amounts
otherwise available for such purposes, for administrative expenses
of the Office of the United States Global AIDS Coordinator.
Grants.
Nondiscrimination.
Compliance.
Condoms.
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DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of sections
103, 105, 106, 214, and sections 251 through 255, and chapter
10 of part I of the Foreign Assistance Act of 1961, $2,519,950,000,
to remain available until September 30, 2013: Provided, That relevant bureaus and offices of the United States Agency for International Development (USAID) that support cross-cutting development programs shall coordinate such programs on a regular basis:
Provided further, That of the funds appropriated under this heading,
not less than $23,000,000 shall be made available for the American
Schools and Hospitals Abroad program, and not less than
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PUBL074
125 STAT. 1178
PUBLIC LAW 112–74—DEC. 23, 2011
$10,000,000 shall be made available for USAID cooperative development programs within the Office of Private and Voluntary Cooperation.
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses to carry out the provisions of section
491 of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $825,000,000,
to remain available until expended.
TRANSITION INITIATIVES
Reports.
Deadline.
Determination.
Consultation.
For necessary expenses for international disaster rehabilitation
and reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $50,141,000, to remain available until
expended, to support transition to democracy and to long-term
development of countries in crisis: Provided, That such support
may include assistance to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure,
and foster the peaceful resolution of conflict: Provided further, That
the United States Agency for International Development shall
submit a report to the Committees on Appropriations at least 5
days prior to beginning a new program of assistance: Provided
further, That if the Secretary of State determines that it is important to the national interests of the United States to provide transition assistance in excess of the amount appropriated under this
heading, up to $15,000,000 of the funds appropriated by this Act
to carry out the provisions of part I of the Foreign Assistance
Act of 1961 may be used for purposes of this heading and under
the authorities applicable to funds appropriated under this heading:
Provided further, That funds made available pursuant to the previous proviso shall be made available subject to prior consultation
with the Committees on Appropriations.
COMPLEX CRISES FUND
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Notification.
Deadline.
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For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 to enable the Administrator of the
United States Agency for International Development (USAID), in
consultation with the Secretary of State, to support programs and
activities to prevent or respond to emerging or unforeseen complex
crises overseas, $10,000,000, to remain available until expended:
Provided, That funds appropriated under this heading may be made
available on such terms and conditions as the USAID Administrator
may determine, in consultation with the Committees on Appropriations, for the purposes of preventing or responding to such crises,
except that no funds shall be made available to respond to natural
disasters: Provided further, That funds appropriated under this
heading may be made available notwithstanding any other provision
of law, except sections 7007, 7008, and 7018 of this Act and section
620M of the Foreign Assistance Act of 1961, as amended by this
Act: Provided further, That funds appropriated under this heading
shall be subject to the regular notification procedures of the
Committees on Appropriations, except that such notifications shall
be transmitted at least 5 days in advance of the obligation of
funds.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1179
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees provided by
the United States Agency for International Development, as authorized by sections 256 and 635 of the Foreign Assistance Act of
1961, up to $40,000,000 may be derived by transfer from funds
appropriated by this Act to carry out part I of such Act and under
the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’:
Provided, That funds provided under this paragraph and funds
provided as a gift pursuant to section 635(d) of the Foreign Assistance Act of 1961 shall be made available only for micro and small
enterprise programs, urban programs, and other programs which
further the purposes of part I of such Act: Provided further, That
such costs, including the cost of modifying such direct and guaranteed loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That funds
made available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior Acts,
and funds used for such costs shall be subject to the regular notification procedures of the Committees on Appropriations: Provided
further, That the provisions of section 107A(d) (relating to general
provisions applicable to the Development Credit Authority) of the
Foreign Assistance Act of 1961, as contained in section 306 of
H.R. 1486 as reported by the House Committee on International
Relations on May 9, 1997, shall be applicable to direct loans and
loan guarantees provided under this heading, except that the principal amount of loans made or guaranteed under this heading
with respect to any single country shall not exceed $300,000,000:
Provided further, That these funds are available to subsidize total
loan principal, any portion of which is to be guaranteed, of up
to $750,000,000.
In addition, for administrative expenses to carry out credit
programs administered by the United States Agency for International Development, $8,300,000, which may be transferred to,
and merged with, funds made available under the heading ‘‘Operating Expenses’’ in title II of this Act: Provided, That funds made
available under this heading shall remain available until September
30, 2014.
Notification.
Applicability.
Loans.
ECONOMIC SUPPORT FUND
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(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961, $3,001,745,000,
to remain available until September 30, 2013: Provided, That of
the funds appropriated under this heading, $250,000,000 shall be
available for assistance for Egypt, including not less than
$35,000,000 for education programs of which not less than
$10,000,000 is for scholarships at not-for-profit institutions for
Egyptian students with high financial need, and to implement
section 7041(a)(3) and (b) of this Act: Provided further, That funds
appropriated under this heading that are made available for assistance for Cyprus shall be used only for scholarships, administrative
support of the scholarship program, bicommunal projects, and measures aimed at reunification of the island and designed to reduce
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Cyprus.
PUBL074
125 STAT. 1180
Consultation.
PUBLIC LAW 112–74—DEC. 23, 2011
tensions and promote peace and cooperation between the two
communities on Cyprus: Provided further, That $12,000,000 of the
funds made available for assistance for Lebanon under this heading
shall be for scholarships at not-for-profit institutions for students
in Lebanon with high financial need: Provided further, That of
the funds appropriated under this heading, not less than
$360,000,000 shall be available for assistance for Jordan: Provided
further, That up to $30,000,000 of the funds appropriated for fiscal
year 2011 under this heading in Public Law 112–10, division B,
may be made available for the costs, as defined in section 502
of the Congressional Budget Act of 1974, of loan guarantees for
Tunisia, which are authorized to be provided: Provided further,
That amounts that are made available under the previous proviso
for the cost of guarantees shall not be considered ‘‘assistance’’
for the purposes of provisions of law limiting assistance to a country:
Provided further, That of the funds appropriated under this heading,
not less than $179,000,000 shall be apportioned directly to the
United States Agency for International Development for alternative
development/institution building programs in Colombia: Provided
further, That of the funds appropriated under this heading that
are available for assistance for Colombia, not less than $7,000,000
shall be transferred to, and merged with, funds appropriated under
the heading ‘‘Migration and Refugee Assistance’’ and shall be made
available only for assistance to nongovernmental and international
organizations that provide assistance to Colombian refugees in
neighboring countries: Provided further, That in consultation with
the Secretary of the Treasury, the Secretary of State may transfer
up to $200,000,000 of the funds made available under this heading
to funds appropriated in this Act under the headings ‘‘Multilateral
Assistance, Funds Appropriated to the President, International
Financial Institutions’’ for additional payments to such institutions,
facilities, and funds enumerated under such headings: Provided
further, That prior to exercising the transfer authority under the
previous proviso the Secretary of State shall consult with the
Committees on Appropriations.
DEMOCRACY FUND
For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the promotion of democracy globally,
$114,770,000, to remain available until September 30, 2013, of
which $68,000,000 shall be made available for the Human Rights
and Democracy Fund of the Bureau of Democracy, Human Rights
and Labor, Department of State, and $46,770,000 shall be made
available for the Office of Democracy and Governance of the Bureau
for Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development.
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ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA
For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961, the FREEDOM Support Act, and
the Support for East European Democracy (SEED) Act of 1989,
$626,718,000, to remain available until September 30, 2013, which
shall be available, notwithstanding any other provision of law,
for assistance and for related programs for countries identified
in section 3 of the FREEDOM Support Act and section 3(c) of
the SEED Act: Provided, That funds appropriated under this
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1181
heading shall be considered to be economic assistance under the
Foreign Assistance Act of 1961 for purposes of making available
the administrative authorities contained in that Act for the use
of economic assistance: Provided further, That funds made available
for the Southern Caucasus region may be used for confidencebuilding measures and other activities in furtherance of the peaceful
resolution of conflicts, including in Nagorno-Karabakh.
DEPARTMENT
OF
STATE
MIGRATION AND REFUGEE ASSISTANCE
For necessary expenses not otherwise provided for, to enable
the Secretary of State to carry out the provisions of section 2(a)
and (b) of the Migration and Refugee Assistance Act of 1962, and
other activities to meet refugee and migration needs; salaries and
expenses of personnel and dependents as authorized by the Foreign
Service Act of 1980; allowances as authorized by sections 5921
through 5925 of title 5, United States Code; purchase and hire
of passenger motor vehicles; and services as authorized by section
3109 of title 5, United States Code, $1,639,100,000, to remain
available until expended, of which $20,000,000 shall be made available for refugees resettling in Israel, and not less than $35,000,000
shall be made available to respond to small-scale emergency
humanitarian requirements.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE
FUND
For necessary expenses to carry out the provisions of section
2(c) of the Migration and Refugee Assistance Act of 1962, as
amended (22 U.S.C. 2601(c)), $27,200,000, to remain available until
expended.
INDEPENDENT AGENCIES
PEACE CORPS
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(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501–2523), including the purchase of not
to exceed five passenger motor vehicles for administrative purposes
for use outside of the United States, $375,000,000, of which
$5,150,000 is for the Office of Inspector General, to remain available
until September 30, 2013: Provided, That the Director of the Peace
Corps may transfer to the Foreign Currency Fluctuations Account,
as authorized by 22 U.S.C. 2515, an amount not to exceed
$5,000,000: Provided further, That funds transferred pursuant to
the previous proviso may not be derived from amounts made available for Peace Corps overseas operations: Provided further, That
of the funds appropriated under this heading, not to exceed $4,000
may be made available for entertainment expenses: Provided further, That any decision to open, close, significantly reduce, or suspend a domestic or overseas office or country program shall be
subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations, except that prior consultation and regular notification procedures may be waived when
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Consultation.
Notification.
Waiver authority.
PUBL074
125 STAT. 1182
Abortion.
PUBLIC LAW 112–74—DEC. 23, 2011
there is a substantial security risk to volunteers or other Peace
Corps personnel, pursuant to section 7015(e) of this Act: Provided
further, That none of the funds appropriated under this heading
shall be used to pay for abortions.
MILLENNIUM CHALLENGE CORPORATION
Applicability.
Notification.
Deadline.
Notification.
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Candidate
country.
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For necessary expenses to carry out the provisions of the Millennium Challenge Act of 2003, $898,200,000 to remain available until
expended: Provided, That of the funds appropriated under this
heading, up to $105,000,000 may be available for administrative
expenses of the Millennium Challenge Corporation (the Corporation): Provided further, That up to 5 percent of the funds appropriated under this heading may be made available to carry out
the purposes of section 616 of the Millennium Challenge Act of
2003 for fiscal year 2012: Provided further, That section 605(e)
of the Millennium Challenge Act of 2003 shall apply to funds
appropriated under this heading: Provided further, That funds
appropriated under this heading may be made available for a
Millennium Challenge Compact entered into pursuant to section
609 of the Millennium Challenge Act of 2003 only if such Compact
obligates, or contains a commitment to obligate subject to the availability of funds and the mutual agreement of the parties to the
Compact to proceed, the entire amount of the United States Government funding anticipated for the duration of the Compact: Provided
further, That the Chief Executive Officer of the Corporation shall
notify the Committees on Appropriations not later than 15 days
prior to signing any new country compact or new threshold country
program; terminating or suspending any country compact or
threshold country program; or commencing negotiations for any
new compact or threshold country program: Provided further, That
any funds that are deobligated from a Millennium Challenge Compact shall be subject to the regular notification procedures of the
Committees on Appropriations prior to re-obligation: Provided further, That notwithstanding section 606(a)(2) of the Millennium
Challenge Act of 2003, a country shall be a candidate country
for purposes of eligibility for assistance for the fiscal year if the
country has a per capita income equal to or below the World
Bank’s lower middle income country threshold for the fiscal year
and is among the 75 lowest per capita income countries as identified
by the World Bank; and the country meets the requirements of
section 606(a)(1)(B) of the Millennium Challenge Act of 2003: Provided further, That notwithstanding section 606(b)(1) of the Millennium Challenge Act of 2003, in addition to countries described
in the preceding proviso, a country shall be a candidate country
for purposes of eligibility for assistance for the fiscal year if the
country has a per capita income equal to or below the World
Bank’s lower middle income country threshold for the fiscal year
and is not among the 75 lowest per capita income countries as
identified by the World Bank; and the country meets the requirements of section 606(a)(1)(B) of the Millennium Challenge Act of
2003: Provided further, That any Millennium Challenge Corporation
candidate country under section 606 of the Millennium Challenge
Act of 2003 with a per capita income that changes in the fiscal
year such that the country would be reclassified from a low income
country to a lower middle income country or from a lower middle
income country to a low income country shall retain its candidacy
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1183
status in its former income classification for the fiscal year and
the two subsequent fiscal years: Provided further, That of the funds
appropriated under this heading, not to exceed $100,000 may be
available for representation and entertainment allowances, of which
not to exceed $5,000 may be available for entertainment allowances.
INTER-AMERICAN FOUNDATION
For necessary expenses to carry out the functions of the InterAmerican Foundation in accordance with the provisions of section
401 of the Foreign Assistance Act of 1969, $22,500,000, to remain
available until September 30, 2013: Provided, That of the funds
appropriated under this heading, not to exceed $2,000 may be
available for entertainment and representation allowances.
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the International
Security and Development Cooperation Act of 1980 (Public Law
96–533), $30,000,000, to remain available until September 30, 2013:
Provided, That funds made available to grantees may be invested
pending expenditure for project purposes when authorized by the
Board of Directors of the Foundation: Provided further, That interest
earned shall be used only for the purposes for which the grant
was made: Provided further, That notwithstanding section 505(a)(2)
of the African Development Foundation Act, in exceptional circumstances the Board of Directors of the Foundation may waive
the $250,000 limitation contained in that section with respect to
a project and a project may exceed the limitation by up to 10
percent if the increase is due solely to foreign currency fluctuation:
Provided further, That the Foundation shall provide a report to
the Committees on Appropriations after each time such waiver
authority is exercised.
DEPARTMENT
OF THE
Waiver authority.
Reports.
TREASURY
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of section
129 of the Foreign Assistance Act of 1961, $25,448,000, to remain
available until September 30, 2014, which shall be available notwithstanding any other provision of law.
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DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees, as
the President may determine, for which funds have been appropriated or otherwise made available for programs within the International Affairs Budget Function 150, including the cost of selling,
reducing, or canceling amounts owed to the United States as a
result of concessional loans made to eligible countries, pursuant
to part V of the Foreign Assistance Act of 1961, $12,000,000, to
remain available until September 30, 2013.
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PUBL074
125 STAT. 1184
PUBLIC LAW 112–74—DEC. 23, 2011
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
DEPARTMENT
OF
STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
Notification.
Deadline.
Reports.
Notification.
Bolivia.
Determination.
Reports.
Applicability.
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,061,100,000, to remain available until
September 30, 2013: Provided, That during fiscal year 2012, the
Department of State may also use the authority of section 608
of the Foreign Assistance Act of 1961, without regard to its restrictions, to receive excess property from an agency of the United
States Government for the purpose of providing it to a foreign
country or international organization under chapter 8 of part I
of that Act subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the Secretary
of State shall provide to the Committees on Appropriations not
later than 45 days after the date of enactment of this Act and
prior to the initial obligation of funds appropriated under this
heading, a report on the proposed uses of all funds under this
heading on a country-by-country basis for each proposed program,
project, or activity: Provided further, That section 482(b) of the
Foreign Assistance Act of 1961 shall not apply to funds appropriated
under this heading: Provided further, That assistance provided with
funds appropriated under this heading that is made available notwithstanding section 482(b) of the Foreign Assistance Act of 1961
shall be made available subject to the regular notification procedures of the Committees on Appropriations: Provided further, That
none of the funds appropriated under this heading shall be made
available for assistance for the Bolivian military and police unless
the Secretary of State determines and reports to the Committees
on Appropriations that such funds are in the national security
interest of the United States: Provided further, That, notwithstanding any other provision of law, of the funds appropriated
under this heading, $5,000,000 should be made available to combat
piracy of United States copyrighted materials, consistent with the
requirements of section 688(a) and (b) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2008
(division J of Public Law 110–161): Provided further, That the
reporting requirements contained in section 1404 of Public Law
110–252 shall apply to funds made available by this Act, including
a description of modifications, if any, to the security strategy of
the Palestinian Authority: Provided further, That the provision
of assistance which is comparable to assistance made available
under this heading but which is provided under any other provision
of law, shall be provided in accordance with the provisions of
sections 481(b) and 622(c) of the Foreign Assistance Act of 1961.
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NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $590,113,000, to
carry out the provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of
part II of the Foreign Assistance Act of 1961, section 504 of the
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1185
FREEDOM Support Act, section 23 of the Arms Export Control
Act or the Foreign Assistance Act of 1961 for demining activities,
the clearance of unexploded ordnance, the destruction of small
arms, and related activities, notwithstanding any other provision
of law, including activities implemented through nongovernmental
and international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the International Atomic Energy Agency (IAEA), and for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided, That the clearance of unexploded
ordnance should prioritize areas where such ordnance was caused
by the United States: Provided further, That of the funds made
available under this heading, not to exceed $30,000,000, to remain
available until expended, may be made available for the Nonproliferation and Disarmament Fund, notwithstanding any other
provision of law and subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations, to promote bilateral and multilateral activities relating to
nonproliferation, disarmament and weapons destruction: Provided
further, That such funds may also be used for such countries other
than the Independent States of the former Soviet Union and international organizations when it is in the national security interest
of the United States to do so: Provided further, That funds appropriated under this heading may be made available for the IAEA
unless the Secretary of State determines that Israel is being denied
its right to participate in the activities of that Agency: Provided
further, That funds appropriated under this heading may be made
available for public-private partnerships for conventional weapons
and mine action by grant, cooperative agreement or contract: Provided further, That funds made available for demining and related
activities, in addition to funds otherwise available for such purposes,
may be used for administrative expenses related to the operation
and management of the demining program: Provided further, That
funds appropriated under this heading that are available for ‘‘Antiterrorism Assistance’’ and ‘‘Export Control and Border Security’’
shall remain available until September 30, 2013.
Consultation.
Notification.
Determination.
Israel.
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PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of section
551 of the Foreign Assistance Act of 1961, $302,818,000: Provided,
That funds appropriated under this heading may be used, notwithstanding section 660 of such Act, to provide assistance to enhance
the capacity of foreign civilian security forces, including gendarmes,
to participate in peacekeeping operations: Provided further, That
of the funds appropriated under this heading, not less than
$28,000,000 shall be made available for a United States contribution
to the Multinational Force and Observers mission in the Sinai:
Provided further, That of the funds appropriated under this heading,
up to $91,818,000 may be used to pay assessed expenses of international peacekeeping activities in Somalia and shall be available
until September 30, 2013: Provided further, That funds appropriated
under this Act should not be used to support any military training
or operations that include child soldiers: Provided further, That
none of the funds appropriated under this heading shall be obligated
or expended except as provided through the regular notification
procedures of the Committees on Appropriations.
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Child soldiers.
Notification.
PUBL074
125 STAT. 1186
PUBLIC LAW 112–74—DEC. 23, 2011
FUNDS APPROPRIATED
TO THE
PRESIDENT
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of section
541 of the Foreign Assistance Act of 1961, $105,788,000, of which
up to $4,000,000 may remain available until September 30, 2013,
and may only be provided through the regular notification procedures of the Committees on Appropriations: Provided, That the
civilian personnel for whom military education and training may
be provided under this heading may include civilians who are
not members of a government whose participation would contribute
to improved civil-military relations, civilian control of the military,
or respect for human rights: Provided further, That the Secretary
of State shall provide to the Committees on Appropriations, not
later than 45 days after enactment of this Act, a report on the
proposed uses of all program funds under this heading on a countryby-country basis, including a detailed description of proposed activities: Provided further, That of the funds appropriated under this
heading, not to exceed $55,000 may be available for entertainment
allowances.
Notification.
Deadline.
Reports.
FOREIGN MILITARY FINANCING PROGRAM
Notification.
Israel.
Disbursement.
Deadline.
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Deadline.
Reports.
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For necessary expenses for grants to enable the President to
carry out the provisions of section 23 of the Arms Export Control
Act, $5,210,000,000: Provided, That to expedite the provision of
assistance to foreign countries and international organizations, the
Secretary of State, following consultation with the Committees on
Appropriations and subject to the regular notification procedures
of such Committees, may use the funds appropriated under this
heading to procure defense articles and services to enhance the
capacity of foreign security forces: Provided further, That of the
funds appropriated under this heading, not less than $3,075,000,000
shall be available for grants only for Israel, and $1,300,000,000
shall be made available for grants only for Egypt, including for
border security programs and activities in the Sinai: Provided further, That the funds appropriated under this heading for assistance
for Israel shall be disbursed within 30 days of enactment of this
Act: Provided further, That to the extent that the Government
of Israel requests that funds be used for such purposes, grants
made available for Israel under this heading shall, as agreed by
the United States and Israel, be available for advanced weapons
systems, of which not less than $808,725,000 shall be available
for the procurement in Israel of defense articles and defense services, including research and development: Provided further, That
funds appropriated under this heading estimated to be outlayed
for Egypt during fiscal year 2012 may be transferred to an interest
bearing account for Egypt in the Federal Reserve Bank of New
York: Provided further, That of the funds appropriated under this
heading, $300,000,000 shall be made available for assistance for
Jordan: Provided further, That, not later than 90 days after enactment of this Act and 6 months thereafter, the Secretary of State
shall submit a report to the Committees on Appropriations detailing
any crowd control items, including tear gas, made available with
appropriated funds or through export licenses to foreign security
forces that the Secretary of State has credible information have
repeatedly used excessive force to repress peaceful, lawful, and
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PUBL074
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1187
organized dissent: Provided further, That the Secretary of State
should consult with the Committees on Appropriations prior to
obligating funds for such items to governments of countries undergoing democratic transition in the Middle East and North Africa:
Provided further, That none of the funds made available under
this heading shall be made available to support or continue any
program initially funded under the authority of section 1206 of
the National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109–163; 119 Stat. 3456) unless the Secretary of State, in
coordination with the Secretary of Defense, has justified such program to the Committees on Appropriations: Provided further, That
funds appropriated or otherwise made available under this heading
shall be nonrepayable notwithstanding any requirement in section
23 of the Arms Export Control Act: Provided further, That funds
made available under this heading shall be obligated upon apportionment in accordance with paragraph (5)(C) of title 31, United
States Code, section 1501(a).
None of the funds made available under this heading shall
be available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by
the United States Government under the Arms Export Control
Act unless the foreign country proposing to make such procurement
has first signed an agreement with the United States Government
specifying the conditions under which such procurement may be
financed with such funds: Provided, That all country and funding
level increases in allocations shall be submitted through the regular
notification procedures of section 7015 of this Act: Provided further,
That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance
of unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and international
organizations: Provided further, That only those countries for which
assistance was justified for the ‘‘Foreign Military Sales Financing
Program’’ in the fiscal year 1989 congressional presentation for
security assistance programs may utilize funds made available
under this heading for procurement of defense articles, defense
services or design and construction services that are not sold by
the United States Government under the Arms Export Control
Act: Provided further, That funds appropriated under this heading
shall be expended at the minimum rate necessary to make timely
payment for defense articles and services: Provided further, That
not more than $62,800,000 of the funds appropriated under this
heading may be obligated for necessary expenses, including the
purchase of passenger motor vehicles for replacement only for use
outside of the United States, for the general costs of administering
military assistance and sales, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations: Provided further, That of the funds
appropriated under this heading for general costs of administering
military assistance and sales, not to exceed $4,000 may be available
for entertainment expenses and not to exceed $130,000 may be
available for representation allowances: Provided further, That not
more than $836,900,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for
expenses incurred by the Department of Defense during fiscal year
2012 pursuant to section 43(b) of the Arms Export Control Act,
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Notification.
Notification.
Notification.
PUBL074
125 STAT. 1188
PUBLIC LAW 112–74—DEC. 23, 2011
except that this limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
FUNDS APPROPRIATED
TO THE
PRESIDENT
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions of section
301 of the Foreign Assistance Act of 1961, and of section 2 of
the United Nations Environment Program Participation Act of 1973,
$348,705,000, of which up to $10,000,000 may be made available
for the Intergovernmental Panel on Climate Change/United Nations
Framework Convention on Climate Change: Provided, That section
307(a) of the Foreign Assistance Act of 1961 shall not apply to
contributions to the United Nations Democracy Fund.
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by
the Secretary of the Treasury, $89,820,000, to remain available
until expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by
the Secretary of the Treasury, $1,325,000,000, to remain available
until expended.
For payment to the International Development Association by
the Secretary of the Treasury for costs incurred under the Multilateral Debt Relief Initiative, $167,000,000, to remain available until
expended.
CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION
AND DEVELOPMENT
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury, for the United
States share of the paid-in portion of the increases in capital stock,
$117,364,344, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
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The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of increases in capital stock in an amount not to exceed
$2,928,990,899.
CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND
For payment to the International Bank for Reconstruction and
Development as trustee for the Clean Technology Fund by the
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1189
Secretary of the Treasury, $184,630,000, to remain available until
expended.
CONTRIBUTION TO THE STRATEGIC CLIMATE FUND
For payment to the International Bank for Reconstruction and
Development as trustee for the Strategic Climate Fund by the
Secretary of the Treasury, $49,900,000, to remain available until
expended.
GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM
For payment to the Global Agriculture and Food Security Program by the Secretary of the Treasury, $135,000,000, to remain
available until expended.
CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK
For payment to the Inter-American Development Bank by the
Secretary of the Treasury for the United States share of the paidin portion of the increase in capital stock, $75,000,000, to remain
available until expended.
For payment to the Inter-American Investment Corporation
by the Secretary of the Treasury, $4,670,000, to remain available
until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Inter-American Development
Bank may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital stock
in an amount not to exceed $4,098,794,833.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS
MULTILATERAL INVESTMENT FUND
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, $25,000,000,
to remain available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK
For payment to the Asian Development Bank by the Secretary
of the Treasury for the United States share of the paid-in portion
of increase in capital stock, $106,586,000, to remain available until
expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Asian Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an
amount not to exceed $2,558,048,769.
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CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For payment to the Asian Development Bank’s Asian Development Fund by the Secretary of the Treasury, $100,000,000, to
remain available until expended.
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PUBL074
125 STAT. 1190
PUBLIC LAW 112–74—DEC. 23, 2011
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by the Secretary
of the Treasury for the United States share of the paid-in portion
of the increase in capital stock, $32,417,720, to remain available
until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an
amount not to exceed $507,860,808.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For payment to the African Development Fund by the Secretary
of the Treasury, $172,500,000, to remain available until expended.
For payment to the African Development Fund by the Secretary
of the Treasury for costs incurred under the Multilateral Debt
Relief Initiative, $7,500,000, to remain available until expended.
EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital of the United States share of
such capital in an amount not to exceed $1,252,331,952.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL
DEVELOPMENT
For payment to the International Fund for Agricultural
Development by the Secretary of the Treasury, $30,000,000, to
remain available until expended.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK
OF THE
UNITED STATES
INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $4,000,000, to remain available until September 30,
2013.
PROGRAM ACCOUNT
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Contracts.
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The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and borrowing
authority available to such corporation, and in accordance with
law, and to make such contracts and commitments without regard
to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1191
out the program for the current fiscal year for such corporation:
Provided, That none of the funds available during the current
fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology
to any country, other than a nuclear-weapon state as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear
Weapons eligible to receive economic or military assistance under
this Act, that has detonated a nuclear explosive after the date
of the enactment of this Act: Provided further, That not less than
10 percent of the aggregate loan, guarantee, and insurance
authority available to the Export-Import Bank under this Act should
be used for renewable energy technologies or end-use energy efficiency technologies: Provided further, That notwithstanding section
1(c) of Public Law 103–428, as amended, sections 1(a) and (b)
of Public Law 103–428 shall remain in effect through October
1, 2012: Provided further, That notwithstanding the dates specified
in section 7 of the Export-Import Bank Act of 1945 (12 U.S.C.
6350 and section 1(c) of Public Law 103–428), the Export-Import
Bank of the United States shall continue to exercise its functions
in connection with and in furtherance of its objects and purposes
through May 31, 2012.
Termination
date.
12 USC 635 note.
12 USC 635f
note.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance, and
tied-aid grants as authorized by section 10 of the Export-Import
Bank Act of 1945, as amended, not to exceed $58,000,000: Provided,
That such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such funds shall remain available
until September 30, 2027, for the disbursement of direct loans,
loan guarantees, insurance and tied-aid grants obligated in fiscal
years 2012, 2013, 2014, and 2015: Provided further, That none
of the funds appropriated by this Act or any prior Acts appropriating
funds for the Department of State, foreign operations, and related
programs for tied-aid credits or grants may be used for any other
purpose except through the regular notification procedures of the
Committees on Appropriations.
Termination
date.
Loans.
Notification.
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ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger
motor vehicles and services as authorized by 5 U.S.C. 3109, and
not to exceed $30,000 for official reception and representation
expenses for members of the Board of Directors, not to exceed
$89,900,000: Provided, That the Export-Import Bank may accept,
and use, payment or services provided by transaction participants
for legal, financial, or technical services in connection with any
transaction for which an application for a loan, guarantee or insurance commitment has been made: Provided further, That notwithstanding subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) thereof shall remain in effect until
October 1, 2012: Provided further, That the Export-Import Bank
shall charge fees for necessary expenses (including special services
performed on a contract or fee basis, but not including other personal services) in connection with the collection of moneys owed
the Export-Import Bank, repossession or sale of pledged collateral
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Termination
date.
12 USC 635a
note.
PUBL074
125 STAT. 1192
PUBLIC LAW 112–74—DEC. 23, 2011
or other assets acquired by the Export-Import Bank in satisfaction
of moneys owed the Export-Import Bank, or the investigation or
appraisal of any property, or the evaluation of the legal, financial,
or technical aspects of any transaction for which an application
for a loan, guarantee or insurance commitment has been made,
or systems infrastructure directly supporting transactions: Provided
further, That, in addition to other funds appropriated for administrative expenses, such fees shall be credited to this account, to
remain available until expended.
RECEIPTS COLLECTED
Receipts collected pursuant to the Export-Import Bank Act
of 1945, as amended, and the Federal Credit Reform Act of 1990,
as amended, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this account:
Provided, That the sums herein appropriated from the General
Fund shall be reduced on a dollar-for-dollar basis by such offsetting
collections so as to result in a final fiscal year appropriation from
the General Fund estimated at $0: Provided further, That amounts
collected in fiscal year 2012 in excess of obligations, up to
$50,000,000, shall become available on September 1, 2012, and
shall remain available until September 30, 2015.
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as provided
by 31 U.S.C. 9104, such expenditures and commitments within
the limits of funds available to it and in accordance with law
as may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance programs (including an amount for official reception and representation
expenses which shall not exceed $35,000) shall not exceed
$54,990,000: Provided further, That project-specific transaction
costs, including direct and indirect costs incurred in claims settlements, and other direct costs associated with services provided
to specific investors or potential investors pursuant to section 234
of the Foreign Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading.
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PROGRAM ACCOUNT
For the cost of direct and guaranteed loans, $25,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961,
to be derived by transfer from the Overseas Private Investment
Corporation Noncredit Account: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided further,
That such sums shall be available for direct loan obligations and
loan guaranty commitments incurred or made during fiscal years
2012, 2013, and 2014: Provided further, That funds so obligated
in fiscal year 2012 remain available for disbursement through 2020;
funds obligated in fiscal year 2013 remain available for disbursement through 2021; and funds obligated in fiscal year 2014 remain
available for disbursement through 2022: Provided further, That
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1193
notwithstanding any other provision of law, the Overseas Private
Investment Corporation is authorized to undertake any program
authorized by title IV of chapter 2 of part I of the Foreign Assistance
Act of 1961 in Iraq: Provided further, That funds made available
pursuant to the authority of the previous proviso shall be subject
to the regular notification procedures of the Committees on Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from
amounts available for administrative expenses to carry out the
credit and insurance programs in the Overseas Private Investment
Corporation Noncredit Account and merged with said account.
Notification.
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of section
661 of the Foreign Assistance Act of 1961, $50,000,000, to remain
available until September 30, 2013: Provided, That of the funds
appropriated under this heading, not more than $4,000 may be
available for representation and entertainment allowances.
TITLE VII
GENERAL PROVISIONS
ALLOWANCES AND DIFFERENTIALS
SEC. 7001. Funds appropriated under title I of this Act shall
be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by 5 U.S.C. 3109; and for hire
of passenger transportation pursuant to 31 U.S.C. 1343(b).
UNOBLIGATED BALANCES REPORT
SEC. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on Appropriations a quarterly accounting of cumulative unobligated balances
and obligated, but unexpended, balances by program, project, and
activity, and Treasury Account Fund Symbol of all funds received
by such department or agency in fiscal year 2012 or any previous
fiscal year: Provided, That the report required by this section should
specify by account the amount of funds obligated pursuant to
bilateral agreements which have not been further sub-obligated.
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CONSULTING SERVICES
SEC. 7003. The expenditure of any appropriation under title
I of this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant
to existing law.
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Contracts.
PUBL074
125 STAT. 1194
PUBLIC LAW 112–74—DEC. 23, 2011
EMBASSY CONSTRUCTION
Determination.
Consultation.
Notification.
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Deadline.
Reports.
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SEC. 7004. (a) Of funds provided under title I of this Act,
except as provided in subsection (b), a project to construct a diplomatic facility of the United States may not include office space
or other accommodations for an employee of a Federal agency
or department if the Secretary of State determines that such department or agency has not provided to the Department of State the
full amount of funding required by subsection (e) of section 604
of the Secure Embassy Construction and Counterterrorism Act of
1999 (as enacted into law by section 1000(a)(7) of Public Law
106–113 and contained in appendix G of that Act; 113 Stat. 1501A–
453), as amended by section 629 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a project
to construct a diplomatic facility of the United States may include
office space or other accommodations for members of the United
States Marine Corps.
(c) For the purposes of calculating the fiscal year 2012 costs
of providing new United States diplomatic facilities in accordance
with section 604(e) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the Secretary
of State, in consultation with the Director of the Office of Management and Budget, shall determine the annual program level and
agency shares in a manner that is proportional to the Department
of State’s contribution for this purpose.
(d) Funds appropriated by this Act, and any prior Act making
appropriations for the Department of State, foreign operations, and
related programs, which may be made available for the acquisition
of property for diplomatic facilities in Afghanistan, Pakistan, and
Iraq, shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(e) Section 604(e)(1) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865 note) is amended
by striking ‘‘providing new,’’ and inserting in its place ‘‘providing,
maintaining, repairing, and renovating’’.
(f)(1) None of the funds appropriated under the heading
‘‘Embassy Security, Construction, and Maintenance’’ in this Act
and in prior Acts making appropriations for the Department of
State, foreign operations, and related programs, made available
through Federal agency Capital Security Cost Sharing contributions
and reimbursements, or generated from the proceeds of real property sales, other than from real property sales located in London,
United Kingdom, may be made available for site acquisition and
mitigation, planning, design or construction of the New London
Embassy.
(2) Within 60 days of enactment of this Act and every 6 months
thereafter until completion of the New London Embassy, the Secretary of State shall submit to the Committees on Appropriations
a report on the project: Provided, That such report shall include
revenue and cost projections, cost containment efforts, project
schedule and actual project status, the impact of currency exchange
rate fluctuations on project revenue and costs, and options for
modifying the scope of the project in the event that proceeds of
real property sales in London fall below the total cost of the project.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1195
PERSONNEL ACTIONS
SEC. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken
in response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available under title
I to such department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be necessary
to carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 7015 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures set forth in that section.
LOCAL GUARD CONTRACTS
SEC. 7006. In evaluating proposals for local guard contracts,
the Secretary of State shall award contracts in accordance with
section 136 of the Foreign Relations Authorization Act, Fiscal Years
1990 and 1991 (22 U.S.C. 4864), except that the Secretary may
grant authorization to award such contracts on the basis of best
value as determined by a cost-technical tradeoff analysis (as
described in Federal Acquisition Regulation part 15.101) in Iraq,
Afghanistan, and Pakistan, notwithstanding subsection (c)(3) of
such section: Provided, That the authority in this section shall
apply to any options for renewal that may be exercised under
such contracts that are awarded during the current fiscal year:
Provided further, That prior to issuing a solicitation for a contract
to be awarded pursuant to the authority under this section, the
Secretary of State shall consult with the Committees on Appropriations and other relevant congressional committees.
Applicability.
Consultation.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
SEC. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria:
Provided, That for purposes of this section, the prohibition on
obligations or expenditures shall include direct loans, credits, insurance and guarantees of the Export-Import Bank or its agents.
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´ TAT
COUPS D’E
SEC. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government
is deposed by military coup d’e´tat or decree or, after the date
of enactment of this Act, a coup d’e´tat or decree in which the
military plays a decisive role: Provided, That assistance may be
resumed to such government if the President determines and certifies to the Committees on Appropriations that subsequent to the
termination of assistance a democratically elected government has
taken office: Provided further, That the provisions of this section
shall not apply to assistance to promote democratic elections or
public participation in democratic processes: Provided further, That
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President.
Determination.
Certification.
Notification.
PUBL074
125 STAT. 1196
PUBLIC LAW 112–74—DEC. 23, 2011
funds made available pursuant to the previous provisos shall be
subject to the regular notification procedures of the Committees
on Appropriations.
TRANSFER AUTHORITY
Notification.
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Notification.
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SEC. 7009. (a) DEPARTMENT OF STATE AND BROADCASTING
BOARD OF GOVERNORS.—
(1) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State under title I of this Act may be transferred between
such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than
10 percent by any such transfers.
(2) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Broadcasting Board
of Governors under title I of this Act may be transferred
between such appropriations, but no such appropriation, except
as otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers.
(3) Any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 7015(a) and (b)
of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in
that section.
(b) EXPORT FINANCING TRANSFER AUTHORITIES.—Not to exceed
5 percent of any appropriation other than for administrative
expenses made available for fiscal year 2012, for programs under
title VI of this Act may be transferred between such appropriations
for use for any of the purposes, programs, and activities for which
the funds in such receiving account may be used, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 25 percent by any such transfer: Provided,
That the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
(c) LIMITATION ON TRANSFERS BETWEEN AGENCIES.—
(1) None of the funds made available under titles II through
V of this Act may be transferred to any department, agency,
or instrumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority provided
in, this Act or any other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign
Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions
of sections 109, 610, and 632 of the Foreign Assistance Act
of 1961.
(3) Any agreement entered into by the United States
Agency for International Development (USAID) or the Department of State with any department, agency, or instrumentality
of the United States Government pursuant to section 632(b)
of the Foreign Assistance Act of 1961 valued in excess of
$1,000,000 and any agreement made pursuant to section 632(a)
of such Act, with funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs under the headings ‘‘Global
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1197
Health Programs’’, ‘‘Development Assistance’’, and ‘‘Economic
Support Fund’’ shall be subject to the regular notification procedures of the Committees on Appropriations: Provided, That
the requirement in the previous sentence shall not apply to
agreements entered into between USAID and the Department
of State.
(d) TRANSFERS BETWEEN ACCOUNTS.—None of the funds made
available under titles II through V of this Act may be obligated
under an appropriation account to which they were not appropriated, except for transfers specifically provided for in this Act,
unless the President, not less than 5 days prior to the exercise
of any authority contained in the Foreign Assistance Act of 1961
to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations.
(e) AUDIT OF INTER-AGENCY TRANSFERS.—Any agreement for
the transfer or allocation of funds appropriated by this Act, or
prior Acts, entered into between the Department of State or USAID
and another agency of the United States Government under the
authority of section 632(a) of the Foreign Assistance Act of 1961
or any comparable provision of law, shall expressly provide that
the Inspector General (IG) for the agency receiving the transfer
or allocation of such funds, or other entity with audit responsibility
if the receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds: Provided,
That such audits shall be transmitted to the Committees on Appropriations: Provided further, That funds transferred under such
authority may be made available for the cost of such audits.
President.
Deadline.
Consultation.
Policy
justification.
Contracts.
REPORTING REQUIREMENT
SEC. 7010. The Secretary of State shall provide the Committees
on Appropriations, not later than April 1, 2012, and for each fiscal
quarter, a report in writing on the uses of funds made available
under the headings ‘‘Foreign Military Financing Program’’, ‘‘International Military Education and Training’’, ‘‘Peacekeeping Operations’’, and ‘‘Pakistan Counterinsurgency Capability Fund’’: Provided, That such report shall include a description of the obligation
and expenditure of funds, and the specific country in receipt of,
and the use or purpose of the assistance provided by such funds.
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AVAILABILITY OF FUNDS
SEC. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the expiration of
the current fiscal year unless expressly so provided in this Act:
Provided, That funds appropriated for the purposes of chapters
1 and 8 of part I, section 661, chapters 4, 5, 6, 8, and 9 of
part II of the Foreign Assistance Act of 1961, section 23 of the
Arms Export Control Act, and funds provided under the headings
‘‘Assistance for Europe, Eurasia and Central Asia’’ and ‘‘Development Credit Authority’’, shall remain available for an additional
4 years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially obligated
before the expiration of their respective periods of availability contained in this Act: Provided further, That notwithstanding any
other provision of this Act, any funds made available for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961 which are allocated or obligated for cash
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PUBL074
125 STAT. 1198
PUBLIC LAW 112–74—DEC. 23, 2011
disbursements in order to address balance of payments or economic
policy reform objectives, shall remain available for an additional
4 years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially allocated
or obligated before the expiration of their respective periods of
availability contained in this Act: Provided further, That the Secretary of State shall provide a report to the Committees on Appropriations at the beginning of each fiscal year, detailing by account
and source year, the use of this authority during the previous
fiscal year.
Reports.
Deadline.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
President.
Determination.
Consultation.
SEC. 7012. No part of any appropriation provided under titles
III through VI in this Act shall be used to furnish assistance
to the government of any country which is in default during a
period in excess of one calendar year in payment to the United
States of principal or interest on any loan made to the government
of such country by the United States pursuant to a program for
which funds are appropriated under this Act unless the President
determines, following consultations with the Committees on Appropriations, that assistance for such country is in the national interest
of the United States.
PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE
Negotiations.
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Certification.
Reports.
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SEC. 7013. (a) PROHIBITION ON TAXATION.—None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which
such assistance is to be provided unless such agreement includes
a provision stating that assistance provided by the United States
shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary,
to conform with this requirement.
(b) REIMBURSEMENT OF FOREIGN TAXES.—An amount equivalent to 200 percent of the total taxes assessed during fiscal year
2012 on funds appropriated by this Act by a foreign government
or entity against commodities financed under United States assistance programs for which funds are appropriated by this Act, either
directly or through grantees, contractors and subcontractors shall
be withheld from obligation from funds appropriated for assistance
for fiscal year 2013 and allocated for the central government of
such country and for the West Bank and Gaza program to the
extent that the Secretary of State certifies and reports in writing
to the Committees on Appropriations that such taxes have not
been reimbursed to the Government of the United States.
(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection (b).
(d) REPROGRAMMING OF FUNDS.—Funds withheld from obligation for each country or entity pursuant to subsection (b) shall
be reprogrammed for assistance to countries which do not assess
taxes on United States assistance or which have an effective
arrangement that is providing substantial reimbursement of such
taxes.
(e) DETERMINATIONS.—
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1199
(1) The provisions of this section shall not apply to any
country or entity the Secretary of State determines—
(A) does not assess taxes on United States assistance
or which has an effective arrangement that is providing
substantial reimbursement of such taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising
the authority of this subsection with regard to any country
or entity.
(f) IMPLEMENTATION.—The Secretary of State shall issue rules,
regulations, or policy guidance, as appropriate, to implement the
prohibition against the taxation of assistance contained in this
section.
(g) DEFINITIONS.—As used in this section—
(1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to value added
taxes and customs duties imposed on commodities financed
with United States assistance for programs for which funds
are appropriated by this Act; and
(2) the term ‘‘bilateral agreement’’ refers to a framework
bilateral agreement between the Government of the United
States and the government of the country receiving assistance
that describes the privileges and immunities applicable to
United States foreign assistance for such country generally,
or an individual agreement between the Government of the
United States and such government that describes, among other
things, the treatment for tax purposes that will be accorded
the United States assistance provided under that agreement.
(h) REPORT.—The Secretary of State shall submit a report
to the Committees on Appropriations not later than 90 days after
the enactment of this Act detailing steps taken by the Department
of State to comply with the requirements provided in subsections
(a) and (f).
Consultation.
Deadline.
Regulations.
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RESERVATIONS OF FUNDS
SEC. 7014. (a) Funds appropriated under titles II through VI
of this Act which are specifically designated may be reprogrammed
for other programs within the same account notwithstanding the
designation if compliance with the designation is made impossible
by operation of any provision of this or any other Act: Provided,
That any such reprogramming shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided further, That assistance that is reprogrammed pursuant to
this subsection shall be made available under the same terms
and conditions as originally provided.
(b) In addition to the authority contained in subsection (a),
the original period of availability of funds appropriated by this
Act and administered by the United States Agency for International
Development (USAID) that are specifically designated for particular
programs or activities by this or any other Act shall be extended
for an additional fiscal year if the USAID Administrator determines
and reports promptly to the Committees on Appropriations that
the termination of assistance to a country or a significant change
in circumstances makes it unlikely that such designated funds
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Notification.
Extension.
Determination.
Reports.
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125 STAT. 1200
PUBLIC LAW 112–74—DEC. 23, 2011
can be obligated during the original period of availability: Provided,
That such designated funds that continue to be available for an
additional fiscal year shall be obligated only for the purpose of
such designation.
(c) Ceilings and specifically designated funding levels contained
in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless
such Act specifically so directs: Provided, That specifically designated funding levels or minimum funding requirements contained
in any other Act shall not be applicable to funds appropriated
by this Act.
NOTIFICATION REQUIREMENTS
Deadlines.
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Applicability.
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SEC. 7015. (a) None of the funds made available in title I
of this Act, or in prior appropriations Acts to the agencies and
departments funded by this Act that remain available for obligation
or expenditure in fiscal year 2012, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees or of currency reflows or other offsetting collections, or
made available by transfer, to the agencies and departments funded
by this Act, shall be available for obligation or expenditure through
a reprogramming of funds that:
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) closes or opens a mission or post;
(6) creates, reorganizes, or renames bureaus, centers, or
offices;
(7) reorganizes programs or activities; or
(8) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds: Provided, That unless
previously justified to the Committees on Appropriations, the
requirements of this subsection shall apply to all obligations of
funds appropriated under title I of this Act for items (5) and
(6) above.
(b) None of the funds provided under title I of this Act, or
provided under previous appropriations Acts to the agency or
department funded under title I of this Act that remain available
for obligation or expenditure in fiscal year 2012, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees available to the agency or department funded
under title I of this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming
of funds in excess of $1,000,000 or 10 percent, whichever is less,
that:
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings, including savings
from a reduction in personnel, which would result in a change
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PUBL074
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1201
in existing programs, activities, or projects as approved by
Congress; unless the Committees on Appropriations are notified
15 days in advance of such reprogramming of funds.
(c) None of the funds made available under titles II through
VI and VIII in this Act under the headings ‘‘Global Health Programs’’, ‘‘Development Assistance’’, ‘‘International Organizations
and Programs’’, ‘‘Trade and Development Agency’’, ‘‘International
Narcotics Control and Law Enforcement’’, ‘‘Assistance for Europe,
Eurasia and Central Asia’’, ‘‘Economic Support Fund’’, ‘‘Democracy
Fund’’, ‘‘Peacekeeping Operations’’, ‘‘Capital Investment Fund’’,
‘‘Operating Expenses’’, ‘‘Conflict Stabilization Operations’’, ‘‘Office
of Inspector General’’, ‘‘Nonproliferation, Anti-terrorism, Demining
and Related Programs’’, ‘‘Millennium Challenge Corporation’’, ‘‘Foreign Military Financing Program’’, ‘‘International Military Education and Training’’, ‘‘Pakistan Counterinsurgency Capability
Fund’’, and ‘‘Peace Corps’’, shall be available for obligation for
activities, programs, projects, type of materiel assistance, countries,
or other operations not justified or in excess of the amount justified
to the Committees on Appropriations for obligation under any of
these specific headings unless the Committees on Appropriations
are notified 15 days in advance: Provided, That the President shall
not enter into any commitment of funds appropriated for the purposes of section 23 of the Arms Export Control Act for the provision
of major defense equipment, other than conventional ammunition,
or other major defense items defined to be aircraft, ships, missiles,
or combat vehicles, not previously justified to Congress or 20 percent
in excess of the quantities justified to Congress unless the Committees on Appropriations are notified 15 days in advance of such
commitment: Provided further, That requirements of this subsection
or any similar provision of any other Act shall not apply to any
reprogramming for an activity, program, or project for which funds
are appropriated under titles II through IV of this Act of less
than 10 percent of the amount previously justified to the Congress
for obligation for such activity, program, or project for the current
fiscal year.
(d) Notwithstanding any other provision of law, with the exception of funds transferred to, and merged with, funds appropriated
under title I of this Act, funds transferred by the Department
of Defense to the Department of State and the United States
Agency for International Development for assistance for foreign
countries and international organizations, and funds made available
for programs authorized by section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109–163), shall
be subject to the regular notification procedures of the Committees
on Appropriations.
(e) The requirements of this section or any similar provision
of this Act or any other Act, including any prior Act requiring
notification in accordance with the regular notification procedures
of the Committees on Appropriations, may be waived if failure
to do so would pose a substantial risk to human health or welfare:
Provided, That in case of any such waiver, notification to the
Committees on Appropriations shall be provided as early as practicable, but in no event later than 3 days after taking the action
to which such notification requirement was applicable, in the context of the circumstances necessitating such waiver: Provided further, That any notification provided pursuant to such a waiver
shall contain an explanation of the emergency circumstances.
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President.
Waiver authority.
Deadline.
Explanation.
PUBL074
125 STAT. 1202
PUBLIC LAW 112–74—DEC. 23, 2011
(f) None of the funds appropriated under titles III through
VI and VIII of this Act shall be obligated or expended for assistance
for Serbia, Sudan, South Sudan, Zimbabwe, Afghanistan, Iraq, Pakistan, Cuba, Iran, Haiti, Libya, Ethiopia, Nepal, Colombia, Honduras, Burma, Yemen, Mexico, Kazakhstan, Uzbekistan, the Russian Federation, Somalia, Sri Lanka, or Cambodia except as provided through the regular notification procedures of the Committees
on Appropriations.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 7016. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign Assistance
Act of 1961, the Department of Defense shall notify the Committees
on Appropriations to the same extent and under the same conditions
as other committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees
if such defense articles are significant military equipment (as
defined in section 47(9) of the Arms Export Control Act) or are
valued (in terms of original acquisition cost) at $7,000,000 or more,
or if notification is required elsewhere in this Act for the use
of appropriated funds for specific countries that would receive such
excess defense articles: Provided further, That such Committees
shall also be informed of the original acquisition cost of such defense
articles.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL
ORGANIZATIONS AND PROGRAMS
Notification.
SEC. 7017. Subject to the regular notification procedures of
the Committees on Appropriations, funds appropriated under titles
III through VI of this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related programs, which are returned or not made available for organizations
and programs because of the implementation of section 307(a) of
the Foreign Assistance Act of 1961 or section 7049(a) of this Act,
shall remain available for obligation until September 30, 2013.
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PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY
STERILIZATION
President.
Certification.
VerDate Nov 24 2008
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SEC. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
used to pay for the performance of involuntary sterilization as
a method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of the funds
made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance
of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1203
the Foreign Assistance Act of 1961, as amended, may be obligated
or expended for any country or organization if the President certifies
that the use of these funds by any such country or organization
would violate any of the above provisions related to abortions and
involuntary sterilizations.
ALLOCATIONS
SEC. 7019. (a) Funds provided in this Act shall be made available for programs and countries in the amounts contained in the
respective tables included in the joint explanatory statement accompanying this Act.
(b) For the purposes of implementing this section and only
with respect to the tables included in the joint explanatory statement accompanying this Act, the Secretary of State, the Administrator of the United States Agency for International Development
and the Broadcasting Board of Governors, as appropriate, may
propose deviations to the amounts referenced in subsection (a),
subject to the regular notification procedures of the Committees
on Appropriations.
Notification.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
SEC. 7020. None of the funds appropriated or otherwise made
available by this Act under the headings ‘‘International Military
Education and Training’’ or ‘‘Foreign Military Financing Program’’
for Informational Program activities or under the headings ‘‘Global
Health Programs’’, ‘‘Development Assistance’’, and ‘‘Economic Support Fund’’ may be obligated or expended to pay for—
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are substantially of a recreational character, including but not limited
to entrance fees at sporting events, theatrical and musical
productions, and amusement parks.
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PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING
INTERNATIONAL TERRORISM
SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EXPORTS.—
(1) None of the funds appropriated or otherwise made
available by titles III through VI of this Act may be available
to any foreign government which provides lethal military equipment to a country the government of which the Secretary
of State has determined supports international terrorism for
purposes of section 6(j) of the Export Administration Act of
1979: Provided, That the prohibition under this section with
respect to a foreign government shall terminate 12 months
after that government ceases to provide such military equipment: Provided further, That this section applies with respect
to lethal military equipment provided under a contract entered
into after October 1, 1997.
(2) Assistance restricted by paragraph (1) or any other
similar provision of law, may be furnished if the President
determines that to do so is important to the national interests
of the United States.
(3) Whenever the President makes a determination pursuant to paragraph (2), the President shall submit to the Committees on Appropriations a report with respect to the furnishing
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President.
Determinations.
Termination
date.
Applicability.
Reports.
PUBL074
125 STAT. 1204
PUBLIC LAW 112–74—DEC. 23, 2011
of such assistance, including a detailed explanation of the
assistance to be provided, the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers
United States national interests.
(b) BILATERAL ASSISTANCE.—
(1) Funds appropriated for bilateral assistance in titles
III through VI of this Act and funds appropriated under any
such title in prior acts making appropriations for the Department of State, foreign operations, and related programs, shall
not be made available to any foreign government which the
President determines—
(A) grants sanctuary from prosecution to any individual
or group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration
and Nationality Act.
(2) The President may waive the application of paragraph
(1) to a government if the President determines that national
security or humanitarian reasons justify such waiver: Provided,
That the President shall publish each such waiver in the Federal Register and, at least 15 days before the waiver takes
effect, shall notify the Committees on Appropriations of the
waiver (including the justification for the waiver) in accordance
with the regular notification procedures of the Committees
on Appropriations.
Waiver authority.
Federal Register,
publication.
Deadline.
Notification.
AUTHORIZATION REQUIREMENTS
SEC. 7022. Funds appropriated by this Act, except funds appropriated under the heading ‘‘Trade and Development Agency’’, may
be obligated and expended notwithstanding section 10 of Public
Law 91–672, section 15 of the State Department Basic Authorities
Act of 1956, section 313 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103–236), and section
504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
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Reports.
Deadline.
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SEC. 7023. For the purpose of titles II through VI of this
Act ‘‘program, project, and activity’’ shall be defined at the appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the following accounts: ‘‘Economic Support Fund’’ and ‘‘Foreign Military Financing Program’’, ‘‘program,
project, and activity’’ shall also be considered to include country,
regional, and central program level funding within each such
account; for the development assistance accounts of the United
States Agency for International Development ‘‘program, project,
and activity’’ shall also be considered to include central, country,
regional, and program level funding, either as:
(1) justified to the Congress; or
(2) allocated by the executive branch in accordance with
a report, to be provided to the Committees on Appropriations
within 30 days of the enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1205
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION
AND AFRICAN DEVELOPMENT FOUNDATION
SEC. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior
Acts authorizing or making appropriations for the Department of
State, foreign operations, and related programs, shall not be construed to prohibit activities authorized by or conducted under the
Peace Corps Act, the Inter-American Foundation Act or the African
Development Foundation Act: Provided, That prior to conducting
activities in a country for which assistance is prohibited, the agency
shall consult with the Committees on Appropriations and report
to such Committees within 15 days of taking such action.
Consultation.
Reports.
Deadline.
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COMMERCE, TRADE AND SURPLUS COMMODITIES
SEC. 7025. (a) None of the funds appropriated or made available
pursuant to titles III through VI of this Act for direct assistance
and none of the funds otherwise made available to the ExportImport Bank and the Overseas Private Investment Corporation
shall be obligated or expended to finance any loan, any assistance
or any other financial commitments for establishing or expanding
production of any commodity for export by any country other than
the United States, if the commodity is likely to be in surplus
on world markets at the time the resulting productive capacity
is expected to become operative and if the assistance will cause
substantial injury to United States producers of the same, similar,
or competing commodity: Provided, That such prohibition shall not
apply to the Export-Import Bank if in the judgment of its Board
of Directors the benefits to industry and employment in the United
States are likely to outweigh the injury to United States producers
of the same, similar, or competing commodity, and the Chairman
of the Board so notifies the Committees on Appropriations: Provided
further, That this subsection shall not prohibit—
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis
the agricultural commodity with respect to which assistance
is furnished; or
(2) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance Act
of 1961 shall be available for any testing or breeding feasibility
study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or
production in a foreign country of an agricultural commodity for
export which would compete with a similar commodity grown or
produced in the United States: Provided, That this subsection shall
not prohibit—
(1) activities designed to increase food security in developing countries where such activities will not have a significant
impact on the export of agricultural commodities of the United
States;
(2) research activities intended primarily to benefit American producers;
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Notification.
PUBL074
125 STAT. 1206
22 USC 262h
note.
PUBLIC LAW 112–74—DEC. 23, 2011
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis
the agricultural commodity with respect to which assistance
is furnished; or
(4) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(c) The Secretary of the Treasury shall instruct the United
States Executive Directors of the International Bank for Reconstruction and Development, the International Development Association,
the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the Asian Development Bank, the Inter-American Investment Corporation, the North
American Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, and the
African Development Fund to use the voice and vote of the United
States to oppose any assistance by these institutions, using funds
appropriated or made available pursuant to titles III through VI
of this Act, for the production or extraction of any commodity
or mineral for export, if it is in surplus on world markets and
if the assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
SEPARATE ACCOUNTS
SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.—
(1) If assistance is furnished to the government of a foreign
country under chapters 1 and 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 under agreements
which result in the generation of local currencies of that
country, the Administrator of the United States Agency for
International Development (USAID) shall—
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth—
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor
and account for deposits into and disbursements from the
separate account.
(2) USES OF LOCAL CURRENCIES.—As may be agreed upon
with the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only—
(A) to carry out chapter 1 or 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), for such purposes as—
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
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22 USC 2362
note.
Contracts.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1207
(B) for the administrative requirements of the United
States Government.
(3) PROGRAMMING ACCOUNTABILITY.—USAID shall take all
necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection (a)(2).
(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination of assistance to a country under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961 (as the case may be), any unencumbered balances
of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes
as may be agreed to by the government of that country and
the United States Government.
(5) REPORTING REQUIREMENT.—The USAID Administrator
shall report on an annual basis as part of the justification
documents submitted to the Committees on Appropriations on
the use of local currencies for the administrative requirements
of the United States Government as authorized in subsection
(a)(2)(B), and such report shall include the amount of local
currency (and United States dollar equivalent) used and/or
to be used for such purpose in each applicable country.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—
(1) If assistance is made available to the government of
a foreign country, under chapter 1 or 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a separate
account and not commingle them with any other funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such
funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this
assistance including provisions which are referenced in the
Joint Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No.
98–1159).
(3) NOTIFICATION.—At least 15 days prior to obligating
any such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the assistance (including, as appropriate, a description of the economic
policy reforms that will be promoted by such assistance).
(4) EXEMPTION.—Nonproject sector assistance funds may
be exempt from the requirements of subsection (b)(1) only
through the regular notification procedures of the Committees
on Appropriations.
Deadline.
President.
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ELIGIBILITY FOR ASSISTANCE
SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERNMENTAL
ORGANIZATIONS.—Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of nongovernmental
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PUBL074
125 STAT. 1208
President.
Notification.
Abortion.
Sterilization.
PUBLIC LAW 112–74—DEC. 23, 2011
organizations from funds appropriated by this Act to carry out
the provisions of chapters 1, 10, 11, and 12 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961, and from funds
appropriated under the heading ‘‘Assistance for Europe, Eurasia
and Central Asia’’: Provided, That before using the authority of
this subsection to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations under the regular notification procedures of those committees, including a description of the program
to be assisted, the assistance to be provided, and the reasons
for furnishing such assistance: Provided further, That nothing in
this subsection shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations contained
in this or any other Act.
(b) PUBLIC LAW 480.—During fiscal year 2012, restrictions contained in this or any other Act with respect to assistance for
a country shall not be construed to restrict assistance under the
Agricultural Trade Development and Assistance Act of 1954: Provided, That none of the funds appropriated to carry out title I
of such Act and made available pursuant to this subsection may
be obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates internationally recognized human rights.
IMPACT ON JOBS IN THE UNITED STATES
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SEC. 7028. None of the funds appropriated under titles III
through VI of this Act may be obligated or expended to provide—
(1) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing
such an enterprise to relocate outside the United States if
such incentive or inducement is likely to reduce the number
of employees of such business enterprise in the United States
because United States production is being replaced by such
enterprise outside the United States; or
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4) (D) and (E) of such Act should
be commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale enterprise, and smallholder agriculture.
INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 7029. (a) None of the funds appropriated under title V
of this Act may be made as payment to any international financial
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1209
institution while the United States executive director to such
institution is compensated by the institution at a rate which,
together with whatever compensation such executive director
receives from the United States, is in excess of the rate provided
for an individual occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, or
while any alternate United States executive director to such institution is compensated by the institution at a rate in excess of the
rate provided for an individual occupying a position at level V
of the Executive Schedule under section 5316 of title 5, United
States Code.
(b) The Secretary of the Treasury shall instruct the United
States executive director of each international financial institution
to oppose any loan, grant, strategy or policy of such institution
that would require user fees or service charges on poor people
for primary education or primary healthcare, including prevention,
care and treatment for HIV/AIDS, malaria, tuberculosis, and infant,
child, and maternal health, in connection with such institution’s
financing programs.
(c) The Secretary of the Treasury shall instruct the United
States Executive Director of the International Monetary Fund (the
Fund) to use the voice and vote of the United States to oppose
any loan, project, agreement, memorandum, instrument, plan, or
other program of the Fund to a Heavily Indebted Poor Country
that imposes budget caps or restraints that do not allow the maintenance of or an increase in governmental spending on healthcare
or education; and to promote government spending on healthcare,
education, agriculture and food security, or other critical safety
net programs in all of the Fund’s activities with respect to Heavily
Indebted Poor Countries.
(d) For the purposes of this Act ‘‘international financial institutions’’ shall mean the International Bank for Reconstruction and
Development, the International Development Association, the International Finance Corporation, the Inter-American Development
Bank, the International Monetary Fund, the Asian Development
Bank, the Asian Development Fund, the Inter-American Investment
Corporation, the North American Development Bank, the European
Bank for Reconstruction and Development, the African Development
Bank and the African Development Fund.
Definition.
DEBT-FOR-DEVELOPMENT
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SEC. 7030. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and debtfor-nature exchanges, a nongovernmental organization which is a
grantee or contractor of the United States Agency for International
Development may place in interest bearing accounts local currencies
which accrue to that organization as a result of economic assistance
provided under title III of this Act and, subject to the regular
notification procedures of the Committees on Appropriations, any
interest earned on such investment shall be used for the purpose
for which the assistance was provided to that organization.
Notification.
FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY
SEC. 7031. (a) LIMITATION
ASSISTANCE.—
ON
DIRECT GOVERNMENT-TO-GOVERN-
MENT
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125 STAT. 1210
Consultation.
Notification.
Applicability.
Suspension.
Determination.
Reports.
Deadlines.
Reports.
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Submission.
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PUBLIC LAW 112–74—DEC. 23, 2011
(1) Funds appropriated by this Act may be made available
for direct Government-to-Government assistance only if—
(A) each implementing agency or ministry to receive
assistance has been assessed and is considered to have
the systems required to manage such assistance and any
identified vulnerabilities or weaknesses of such agency or
ministry have been addressed; and
(i) the recipient agency or ministry employs and
utilizes staff with the necessary technical, financial,
and management capabilities;
(ii) the recipient agency or ministry has adopted
competitive procurement policies and systems;
(iii) effective monitoring and evaluation systems
are in place to ensure that such assistance is used
for its intended purposes; and
(iv) no level of acceptable fraud is assumed.
(B) the Government of the United States and the
government of the recipient country have agreed, in
writing—
(i) on clear and achievable objectives for the use
of such assistance; and
(ii) that such assistance should be made on a costreimbursable basis.
(2) In addition to the requirements in subsection (a), no
funds may be made available for such assistance without prior
consultation with, and notification to, the Committees on Appropriations: Provided, That such notification shall contain an
explanation of how the proposed activity meets the requirements of paragraph (1): Provided further, That the requirements of this paragraph shall only apply to direct Governmentto-Government assistance in excess of $10,000,000 and all funds
available for cash transfer, budget support, and cash payments
to individuals.
(3) The USAID Administrator or the Secretary of State,
as appropriate, shall suspend any such assistance if the
Administrator or the Secretary has credible information of
material misuse of such assistance, unless the Administrator
or the Secretary determines and reports to the Committees
on Appropriations that it is in the national interest of the
United States to continue such assistance.
(4) Not later than 90 days after the enactment of this
Act and 6 months thereafter, the USAID Administrator shall
submit to the Committees on Appropriations a report that—
(A) details all assistance described in subsection (a)
provided during the previous 6-month period by country,
funding amount, source of funds, and type of such assistance; and
(B) the type of procurement instrument or mechanism
utilized and whether the assistance was provided on a
cost-reimbursable basis.
(5) The USAID Administrator shall submit to the Committees on Appropriations, concurrent with the fiscal year 2013
congressional budget justification materials, amounts planned
for assistance described in subsection (a) by country, proposed
funding amount, source of funds, and type of assistance.
(b) NATIONAL BUDGET AND CONTRACT TRANSPARENCY.—
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1211
(1) LIMITATION ON FUNDING.—None of the funds appropriated under titles III and IV of this Act may be made available
to the central government of any country that does not meet
minimum standards of fiscal transparency: Provided, That the
Secretary of State shall develop ‘‘minimum standards of fiscal
transparency’’ to be updated and strengthened, as appropriate,
to reflect best practices: Provided further, That the Secretary
shall make an annual determination of ‘‘progress’’ or ‘‘no
progress’’ for countries that do not meet minimum standards
of fiscal transparency and make those determinations publicly
available in an annual ‘‘Fiscal Transparency Report’’.
(2) MINIMUM STANDARDS OF FISCAL TRANSPARENCY.—For
purposes of paragraph (1), ‘‘minimum standards of fiscal transparency’’ shall include standards for the public disclosure of
budget documentation, including receipts and expenditures by
ministry, and government contracts and licenses for natural
resource extraction, to include bidding and concession allocation
practices.
(3) WAIVER.—The Secretary of State may waive the limitation on funding in paragraph (1) on a country-by-country basis
if the Secretary reports to the Committees on Appropriations
that the waiver is important to the national interest of the
United States: Provided, That such waiver shall identify any
steps taken by the government of the country to publicly disclose its national budget and contracts which are additional
to those which were undertaken in previous fiscal years, include
specific recommendations of short- and long-term steps such
government can take to improve budget transparency, and identify benchmarks for measuring progress.
(4) ASSISTANCE.—Of the funds appropriated under title III
of this Act, not less than $5,000,000 should be made available
for programs and activities to assist the central governments
of countries named in the list required by paragraph (1) to
improve budget transparency or to support civil society
organizations in such countries that promote budget transparency: Provided, That such sums shall be in addition to
funds otherwise made available for such purposes.
(c) ANTI-KLEPTOCRACY.—
(1) Officials of foreign governments and their immediate
family members who the Secretary of State has credible
information have been involved in significant corruption,
including corruption related to the extraction of natural
resources, shall be ineligible for entry into the United States.
(2) Individuals shall not be ineligible if entry into the
United States would further important United States law
enforcement objectives or is necessary to permit the United
States to fulfill its obligations under the United Nations Headquarters Agreement: Provided, That nothing in this provision
shall be construed to derogate from United States Government
obligations under applicable international agreements.
(3) The Secretary may waive the application of paragraph
(1) if the Secretary determines that the waiver would serve
a compelling national interest or that the circumstances which
caused the individual to be ineligible have changed sufficiently.
(4) Not later than 90 days after enactment of this Act
and 180 days thereafter, the Secretary of State shall submit
a report, in classified form if necessary, to the Committees
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Standards.
Determination.
Public
information.
Reports.
8 USC 1182 note.
Waiver authority.
Determination.
Deadlines.
Reports.
PUBL074
125 STAT. 1212
PUBLIC LAW 112–74—DEC. 23, 2011
on Appropriations describing the information regarding corruption concerning each of the individuals found ineligible pursuant to paragraph (1), a list of any waivers provided under
subsection (3), and the justification for each waiver.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
SEC. 7032. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CANCELLATION.—
(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN
LOANS.—Notwithstanding any other provision of law, the Presi-
President.
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Notification.
President.
Determination.
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dent may, in accordance with this section, sell to any eligible
purchaser any concessional loan or portion thereof made before
January 1, 1995, pursuant to the Foreign Assistance Act of
1961, to the government of any eligible country as defined
in section 702(6) of that Act or on receipt of payment from
an eligible purchaser, reduce or cancel such loan or portion
thereof, only for the purpose of facilitating—
(A) debt-for-equity swaps, debt-for-development swaps,
or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an additional
amount of the local currency of the eligible country, equal
to not less than 40 percent of the price paid for such
debt by such eligible country, or the difference between
the price paid for such debt and the face value of such
debt, to support activities that link conservation and
sustainable use of natural resources with local community
development, and child survival and other child development, in a manner consistent with sections 707 through
710 of the Foreign Assistance Act of 1961, if the sale,
reduction, or cancellation would not contravene any term
or condition of any prior agreement relating to such loan.
(2) TERMS AND CONDITIONS.—Notwithstanding any other
provision of law, the President shall, in accordance with this
section, establish the terms and conditions under which loans
may be sold, reduced, or canceled pursuant to this section.
(3) ADMINISTRATION.—The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify the
administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 of purchasers that the President has determined to be eligible, and
shall direct such agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section: Provided, That
such agency shall make adjustment in its accounts to reflect
the sale, reduction, or cancellation.
(4) LIMITATION.—The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
(b) DEPOSIT OF PROCEEDS.—The proceeds from the sale, reduction, or cancellation of any loan sold, reduced, or canceled pursuant
to this section shall be deposited in the United States Government
account or accounts established for the repayment of such loan.
(c) ELIGIBLE PURCHASERS.—A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans satisfactory to the President for using the loan for the purpose of engaging
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1213
in debt-for-equity swaps, debt-for-development swaps, or debt-fornature swaps.
(d) DEBTOR CONSULTATIONS.—Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section,
of any loan made to an eligible country, the President should
consult with the country concerning the amount of loans to be
sold, reduced, or canceled and their uses for debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps.
(e) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to funds appropriated
by this Act under the heading ‘‘Debt Restructuring’’.
MULTI-YEAR COMMITMENTS
SEC. 7033. None of the funds appropriated by this Act may
be used to make a future year funding pledge for any multilateral
or bilateral program funded in titles III through VI of this Act
unless such pledge was—
(1) previously justified in a congressional budget justification;
(2) included in an Act making appropriations for the
Department of State, foreign operations, and related programs
or previously authorized by an Act of Congress;
(3) notified in accordance with the regular notification
procedures of the Committees on Appropriations; or
(4) the subject of prior consultation with the Committees
on Appropriations and such consultation was conducted at least
7 days in advance of the pledge.
Notification.
Consultation.
Time period.
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SPECIAL PROVISIONS
SEC. 7034. (a) VICTIMS OF WAR, DISPLACED CHILDREN, AND
DISPLACED BURMESE.—Funds appropriated in titles III and VI of
this Act that are made available for victims of war, displaced
children, and displaced Burmese, and to assist victims of trafficking
in persons and, subject to the regular notification procedures of
the Committees on Appropriations, to combat such trafficking, may
be made available notwithstanding any other provision of law.
(b) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from instability.
(c) WORLD FOOD PROGRAM.—Funds managed by the Bureau
for Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development (USAID), from this
or any other Act, shall be made available as a general contribution
to the World Food Program, notwithstanding any other provision
of law.
(d) DISARMAMENT, DEMOBILIZATION AND REINTEGRATION.—Notwithstanding any other provision of law, regulation or Executive
order, funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and
related programs under the headings ‘‘Economic Support Fund’’,
‘‘Peacekeeping Operations’’, ‘‘International Disaster Assistance’’, and
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Notification.
PUBL074
125 STAT. 1214
Consultation.
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Definition.
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PUBLIC LAW 112–74—DEC. 23, 2011
‘‘Transition Initiatives’’ should be made available to support programs to disarm, demobilize, and reintegrate into civilian society
former members of foreign terrorist organizations: Provided, That
the Secretary of State shall consult with the Committees on Appropriations prior to the obligation of funds pursuant to this subsection:
Provided further, That for the purposes of this subsection the term
‘‘foreign terrorist organization’’ means an organization designated
as a terrorist organization under section 219 of the Immigration
and Nationality Act.
(e) RESEARCH AND TRAINING.—Funds appropriated by this Act
under the heading ‘‘Economic Support Fund’’ may be made available
to carry out the Program for Research and Training on Eastern
Europe and the Independent States of the Former Soviet Union
(title VIII) as authorized by the Soviet-Eastern European Research
and Training Act of 1983 (22 U.S.C. 4501–4508).
(f) CONTINGENCIES.—During fiscal year 2012, the President
may use up to $50,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any other
provision of law.
(g) CONSOLIDATION OF REPORTS.—The Secretary of State, in
coordination with the USAID Administrator, shall submit to the
Committees on Appropriations, and other relevant congressional
committees, not later than 90 days after enactment of this Act
recommendations for the consolidation or combination of reports
(including plans and strategies) that are called for by any provision
of law to be submitted to the Congress and that are substantially
duplicative of others called for by any other provision of law: Provided, That reports are considered ‘‘substantially duplicative’’ if
they are required to address at least more than half of the same
substantive factors, criteria and issues that are required to be
addressed by any other report, and any such consolidated report
must address all the substantive factors, criteria and issues required
to be addressed in each of the individual reports: Provided further,
That reports affected by this subsection are those within the purview of, or prepared primarily by, the Department of State and
USAID and that relate to matters addressed under this Act or
any other Act authorizing or appropriating funds for use by, or
actions of, the Department of State or USAID.
(h) PROMOTION OF DEMOCRACY.—
(1) Funds made available by this Act that are made available for the promotion of democracy may be made available
notwithstanding any other provision of law, and with regard
to the National Endowment for Democracy, any regulation.
(2) For the purposes of funds appropriated by this Act,
the term ‘‘promotion of democracy’’ means programs that support good governance, human rights, independent media, and
the rule of law, and otherwise strengthen the capacity of democratic political parties, governments, nongovernmental
organizations and institutions, and citizens to support the
development of democratic states, institutions, and practices
that are responsive and accountable to citizens.
(3) With respect to the provision of assistance for democracy, human rights and governance activities in this Act, the
organizations implementing such assistance and the specific
nature of that assistance shall not be subject to the prior
approval by the government of any foreign country.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1215
(4) Funds appropriated under the heading ‘‘Economic Support Fund’’ shall be made available to the Bureau of Democracy,
Human Rights and Labor for programs to promote human
rights by expanding open and uncensored access to information
and communication as identified in the Department of State’s
Internet freedom strategy: Provided, That funds made available
by this paragraph should be matched by sources other than
the United States Government, as appropriate: Provided further, That the Secretary of State shall coordinate the development and uses of circumvention and secure communications
technologies with the Administrator of the United States
Agency for International Development and the Broadcasting
Board of Governors, as appropriate: Provided further, That
the circumvention technologies and programs supported by
funds made available by this Act, shall undergo a review,
to include an assessment of the protection against such technologies being used for illicit purposes.
(5) Funds appropriated by this Act that are made available
to promote democracy and human rights shall also be made
available to support freedom of religion, especially in the Middle
East and North Africa.
(i) PARTNER VETTING.—Funds appropriated in this Act or any
prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be used by the Secretary of State and the Administrator of the United States Agency
for International Development (USAID), as appropriate, to support
the development and implementation of a Partner Vetting System
(PVS) pilot program: Provided, That such pilot program shall be
implemented not later than September 30, 2012: Provided further,
That the Secretary of State and the USAID Administrator shall
jointly submit a report to the Committees on Appropriations not
later than 30 days after completion of the pilot program on the
estimated timeline and criteria for evaluating the PVS for expansion.
(j) PROTECTIONS AND REMEDIES FOR EMPLOYEES OF DIPLOMATIC
MISSIONS AND INTERNATIONAL ORGANIZATIONS.—The Secretary of
State shall implement section 203(a)(2) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (Public
Law 110–457): Provided, That in determining whether to suspend
the issuance of A–3 or G–5 visas to applicants seeking to work
for officials of a diplomatic mission or international organization,
the Secretary shall consider whether a final court judgment has
been issued against a current or former employee of such mission
or organization (and the time period for a final appeal has expired)
or whether the Department of State has requested that immunity
of individual diplomats or family members be waived to permit
criminal prosecution: Provided further, That the Secretary should
continue to assist in obtaining payment of final court judgments
awarded to A–3 and G–5 visa holders, including encouraging the
sending states to provide compensation directly to victims: Provided
further, That the Secretary shall include, in a manner the Secretary
deems appropriate, all trafficking cases involving A–3 or G–5 visa
holders in the Trafficking in Persons annual report for which a
final civil judgment has been issued (and the time period for final
appeal has expired) or the Department of Justice has determined
that the United States Government would seek to indict the diplomat or a family member but for diplomatic immunity.
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Coordination.
Review.
Assessment.
Deadline.
Reports.
Deadline.
Implementation.
Determination.
PUBL074
125 STAT. 1216
22 USC 2378d.
Procedures.
22 USC
2292c, 2292f,
2292h–2292q.
Applicability.
22 USC 214 note.
22 USC 4831
note.
22 USC 4064
note.
22 USC 2733
note.
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22 USC 2385
note.
Extension.
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PUBLIC LAW 112–74—DEC. 23, 2011
(k) MODIFICATION OF AMENDMENT.—Section 620J of the Foreign
Assistance Act of 1961 (Limitation on Assistance to Security Forces)
is amended as follows:
(1) by redesignating the section as section 620M;
(2) in subsection (a), by striking ‘‘evidence’’ and inserting
‘‘information’’ and by striking ‘‘gross violations’’ and inserting
‘‘a gross violation’’;
(3) in subsection (b), by striking ‘‘measures’’ and inserting
‘‘steps’’; and
(4) by adding the following subsection:
‘‘(d) CREDIBLE INFORMATION.—The Secretary shall establish,
and periodically update, procedures to—
‘‘(1) ensure that for each country the Department of State
has a current list of all security force units receiving United
States training, equipment, or other types of assistance;
‘‘(2) facilitate receipt by the Department of State and
United States embassies of information from individuals and
organizations outside the United States Government about
gross violations of human rights by security force units;
‘‘(3) routinely request and obtain such information from
the Department of Defense, the Central Intelligence Agency,
and other United States Government sources;
‘‘(4) ensure that such information is evaluated and preserved;
‘‘(5) ensure that when vetting an individual for eligibility
to receive United States training the individual’s unit is also
vetted;
‘‘(6) seek to identify the unit involved when credible
information of a gross violation exists but the identity of the
unit is lacking; and
‘‘(7) make publicly available, to the maximum extent practicable, the identity of those units for which no assistance
shall be furnished pursuant to subsection (a).’’.
(l) SECTIONS REPEALED.—Sections 494, 495, and 495B through
495K of the Foreign Assistance Act of 1961 are hereby repealed.
(m) EXTENSION OF AUTHORITIES.—
(1) Section 1(b)(2) of the Passport Act of June 4, 1920
(22 U.S.C. 214(b)(2)) shall be applied by substituting ‘‘September 30, 2012’’ for ‘‘September 30, 2010’’.
(2) The authority provided by section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22
U.S.C. 4831(a)(3)) shall remain in effect through September
30, 2012.
(3) The authority contained in section 1115(d) of Public
Law 111–32 shall remain in effect through September 30, 2012.
(4) Section 824(g) of the Foreign Service Act of 1980 (22
U.S.C. 4064(g)) shall be applied by substituting ‘‘September
30, 2012’’ for ‘‘October 1, 2010’’ in paragraph (2).
(5) Section 61(a) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2733(a)) shall be applied by substituting
‘‘September 30, 2012’’ for ‘‘October 1, 2010’’ in paragraph (2).
(6) Section 625(j)(1) of the Foreign Assistance Act of 1961
(22 U.S.C. 2385(j)(1)) shall be applied by substituting ‘‘September 30, 2012’’ for ‘‘October 1, 2010’’ in subparagraph (B).
(7) The authority contained in section 1603(a)(2) of Public
Law 109–234, as amended, shall remain in effect through September 30, 2012.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1217
(8) The authority provided by section 1113 of Public Law
111–32 shall remain in effect through September 30, 2012:
Provided, That none of the funds appropriated or otherwise
made available by this Act or any other Act making appropriations for the Department of State, foreign operations, and
related programs may be used to implement phase 3 of such
authority.
(n) REPORTS REPEALED.—Section 133(d) of Public Law 87–195;
section 807 of Public Law 98–164; section 704(c) of Public Law
101–179; section 104 of Public Law 102–511; section 560(g) of
Public Law 103–87; section 514(a) of Public Law 103–236; section
605(c) of Appendix G, Public Law 106–113; sections 3203 and 3204(f)
of division B of Public Law 106–246; section 564(g)(4) of Public
Law 106–429; sections 694(a), 694(b), 704 and 1321 of Public Law
107–228; and section 409(c) of Public Law 108–447 are hereby
repealed.
(o) GOVERNMENT EXPENDITURES.—Funds appropriated under
title III and under the heading ‘‘International Narcotics Control
and Law Enforcement’’ in this Act should not be made available
for assistance for any government for programs or activities in
fiscal year 2013 if the Secretary of State or the Administrator
of the United States Agency for International Development has
credible information that such government is reducing its own
expenditures for such programs or activities as a result of the
assistance provided and for reasons that are inconsistent with the
purposes of such assistance.
(p) INTERNATIONAL CHILD ABDUCTIONS.—The Secretary of State
may withhold funds appropriated under title III of this Act for
assistance for the central government of any country that the Secretary determines is not taking appropriate steps to comply with
the Convention on the Civil Aspects of International Child Abductions, done at the Hague on October 25, 1980: Provided, That
the Secretary shall report to the Committees on Appropriations
within 15 days of making any such determination.
(q) REDESIGNATIONS.—
(1) The position of Advisor established pursuant to section
699B of division J of Public Law 110–161 shall, within 45
days of enactment of this Act and notwithstanding the requirements of such section, be moved to the United States Agency
for International Development (USAID): Provided, That the
Advisor shall hereafter be appointed by the USAID Administrator and shall report directly to the Administrator: Provided
further, That the responsibilities of the Advisor enumerated
in section 699B(b) shall remain in full force and effect.
(2) The position of Coordinator established pursuant to
section 664 of division J of Public Law 110–161 shall, within
45 days of enactment of this Act and notwithstanding the
requirements of such section, be moved to the United States
Agency for International Development (USAID): Provided, That
the Coordinator shall hereafter be appointed by the USAID
Administrator and shall report directly to the Administrator:
Provided further, That the responsibilities of the Coordinator
enumerated in the first sentence of section 664(c) shall remain
in full force and effect: Provided further, That the limitation
in the second sentence of such section shall hereafter no longer
apply to the Coordinator.
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22 USC 2152c,
4506, 5474, 5814
and note, 1928
note, 4865 note,
2656 note, 2291
note, 5952 note,
3927a.
Reports.
Deadline.
Determination.
Deadlines.
Appointments.
PUBL074
125 STAT. 1218
PUBLIC LAW 112–74—DEC. 23, 2011
(r) EXTENSION OF AUTHORITY.—The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public
Law 101–167) is amended—
(1) In section 599D (8 U.S.C. 1157 note)—
(A) in subsection (b)(3), by striking ‘‘and 2011’’ and
inserting ‘‘2011, and 2012’’; and
(B) in subsection (e), by striking ‘‘June 1, 2011’’ each
place it appears and inserting ‘‘October 1, 2012’’; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ‘‘2011’’ and inserting ‘‘2012’’.
ARAB LEAGUE BOYCOTT OF ISRAEL
SEC. 7035. It is the sense of the Congress that—
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and
find concrete steps to demonstrate that opposition by, for
example, taking into consideration the participation of any
recipient country in the boycott when determining to sell
weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott
of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses
from complying with the boycott and penalizing businesses
that do comply.
PALESTINIAN STATEHOOD
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Determination.
Certification.
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SEC. 7036. (a) LIMITATION ON ASSISTANCE.—None of the funds
appropriated under titles III through VI of this Act may be provided
to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees
that—
(1) the governing entity of a new Palestinian state—
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel;
(B) is taking appropriate measures to counter terrorism
and terrorist financing in the West Bank and Gaza,
including the dismantling of terrorist infrastructures, and
is cooperating with appropriate Israeli and other appropriate security organizations; and
(2) the Palestinian Authority (or the governing entity of
a new Palestinian state) is working with other countries in
the region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1219
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include—
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the establishment of demilitarized zones;
(C) their right to live in peace within secure and recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the governing entity should enact a constitution assuring the rule
of law, an independent judiciary, and respect for human rights
for its citizens, and should enact other laws and regulations
assuring transparent and accountable governance.
(c) WAIVER.—The President may waive subsection (a) if the
President determines that it is important to the national security
interests of the United States to do so.
(d) EXEMPTION.—The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing entity, in
order to help meet the requirements of subsection (a), consistent
with the provisions of section 7040 of this Act (‘‘Limitation on
Assistance for the Palestinian Authority’’).
President.
Determination.
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
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SEC. 7037. None of the funds appropriated under titles II
through VI of this Act may be obligated or expended to create
in any part of Jerusalem a new office of any department or agency
of the United States Government for the purpose of conducting
official United States Government business with the Palestinian
Authority over Gaza and Jericho or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles: Provided, That this restriction shall not apply to the acquisition of additional space for the existing Consulate General in Jerusalem: Provided further, That meetings between officers and
employees of the United States and officials of the Palestinian
Authority, or any successor Palestinian governing entity provided
for in the Israel-PLO Declaration of Principles, for the purpose
of conducting official United States Government business with such
authority should continue to take place in locations other than
Jerusalem: Provided further, That as has been true in the past,
officers and employees of the United States Government may continue to meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental discussions.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING
CORPORATION
SEC. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
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125 STAT. 1220
PUBLIC LAW 112–74—DEC. 23, 2011
support, consulting services, or any other form of assistance to
the Palestinian Broadcasting Corporation.
ASSISTANCE FOR THE WEST BANK AND GAZA
Deadline.
Certification.
Procedures.
Terrorism.
Determination.
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SEC. 7039. (a) OVERSIGHT.—For fiscal year 2012, 30 days prior
to the initial obligation of funds for the bilateral West Bank and
Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to
assure the Comptroller General of the United States will have
access to appropriate United States financial information in order
to review the uses of United States assistance for the Program
funded under the heading ‘‘Economic Support Fund’’ for the West
Bank and Gaza.
(b) VETTING.—Prior to the obligation of funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’ for assistance for the West Bank and Gaza, the Secretary of State shall
take all appropriate steps to ensure that such assistance is not
provided to or through any individual, private or government entity,
or educational institution that the Secretary knows or has reason
to believe advocates, plans, sponsors, engages in, or has engaged
in, terrorist activity nor, with respect to private entities or educational institutions, those that have as a principal officer of the
entity’s governing board or governing board of trustees any individual that has been determined to be involved in, or advocating
terrorist activity or determined to be a member of a designated
foreign terrorist organization: Provided, That the Secretary of State
shall, as appropriate, establish procedures specifying the steps to
be taken in carrying out this subsection and shall terminate assistance to any individual, entity, or educational institution which
the Secretary has determined to be involved in or advocating terrorist activity.
(c) PROHIBITION.—
(1) None of the funds appropriated under titles III through
VI of this Act for assistance under the West Bank and Gaza
Program may be made available for the purpose of recognizing
or otherwise honoring individuals who commit, or have committed acts of terrorism.
(2) Notwithstanding any other provision of law, none of
the funds made available by this or prior appropriations Acts,
including funds made available by transfer, may be made available for obligation for security assistance for the West Bank
and Gaza until the Secretary of State reports to the Committees
on Appropriations on the benchmarks that have been established for security assistance for the West Bank and Gaza
and reports on the extent of Palestinian compliance with such
benchmarks.
(d) AUDITS.—
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or nonFederal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and
Gaza Program, are conducted at least on an annual basis
to ensure, among other things, compliance with this section.
(2) Of the funds appropriated by this Act up to $500,000
may be used by the Office of Inspector General of the United
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1221
States Agency for International Development for audits, inspections, and other activities in furtherance of the requirements
of this subsection: Provided, That such funds are in addition
to funds otherwise available for such purposes.
(e) Subsequent to the certification specified in subsection (a),
the Comptroller General of the United States shall conduct an
audit and an investigation of the treatment, handling, and uses
of all funds for the bilateral West Bank and Gaza Program,
including all funds provided as cash transfer assistance, in fiscal
year 2012 under the heading ‘‘Economic Support Fund’’, and such
audit shall address—
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations
and expenditures.
(f) Funds made available in this Act for West Bank and Gaza
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(g) Not later than 180 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations updating the report contained in section 2106 of
chapter 2 of title II of Public Law 109–13.
Audit.
Investigation.
Notification.
Deadline.
Reports.
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LIMITATION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY
SEC. 7040. (a) PROHIBITION OF FUNDS.—None of the funds
appropriated by this Act to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961 may be obligated
or expended with respect to providing funds to the Palestinian
Authority.
(b) WAIVER.—The prohibition included in subsection (a) shall
not apply if the President certifies in writing to the Speaker of
the House of Representatives, the President pro tempore of the
Senate, and the Committees on Appropriations that waiving such
prohibition is important to the national security interests of the
United States.
(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant
to subsection (b) shall be effective for no more than a period of
6 months at a time and shall not apply beyond 12 months after
the enactment of this Act.
(d) REPORT.—Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to
the Committees on Appropriations detailing the justification for
the waiver, the purposes for which the funds will be spent, and
the accounting procedures in place to ensure that the funds are
properly disbursed: Provided, That the report shall also detail the
steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons and dismantle the terrorist infrastructure.
(e) CERTIFICATION.—If the President exercises the waiver
authority under subsection (b), the Secretary of State must certify
and report to the Committees on Appropriations prior to the obligation of funds that the Palestinian Authority has established a
single treasury account for all Palestinian Authority financing and
all financing mechanisms flow through this account, no parallel
financing mechanisms exist outside of the Palestinian Authority
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President.
Certification.
President.
Reports.
PUBL074
125 STAT. 1222
PUBLIC LAW 112–74—DEC. 23, 2011
treasury account, and there is a single comprehensive civil service
roster and payroll.
(f) PROHIBITION TO HAMAS AND THE PALESTINE LIBERATION
ORGANIZATION.—
(1) None of the funds appropriated in titles III through
VI of this Act may be obligated for salaries of personnel of
the Palestinian Authority located in Gaza or may be obligated
or expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with
Hamas and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of subsection (1), assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying
with the principles contained in section 620K(b)(1) (A) and
(B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act as added by the Palestinian Anti-Terrorism Act of 2006 (Public Law 109–446) with
respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2)
is exercised, the Secretary of State shall submit a report to
the Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent are
continuing to comply with the principles contained in section
620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961,
as amended: Provided, That the report shall also detail the
amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a
full accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the Palestine
Liberation Organization.
President.
Certification.
Reports.
Reports.
Deadline.
NEAR EAST
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Waiver authority.
Determination.
Reports.
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SEC. 7041. (a) EGYPT.—
(1)(A) None of the funds appropriated under titles III and
IV of this Act and in prior Acts making appropriations for
the Department of State, foreign operations, and related programs may be made available for assistance for the central
Government of Egypt unless the Secretary of State certifies
to the Committees on Appropriations that such government
is meeting its obligations under the 1979 Egypt-Israel Peace
Treaty.
(B) Prior to the obligation of funds appropriated by this
Act under the heading ‘‘Foreign Military Financing Program’’,
the Secretary of State shall certify to the Committees on Appropriations that the Government of Egypt is supporting the
transition to civilian government including holding free and
fair elections; implementing policies to protect freedom of
expression, association, and religion, and due process of law.
(C) The Secretary of State may waive the requirements
of paragraphs (A) and (B) if the Secretary determines and
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1223
reports to the Committees on Appropriations that to do so
is in the national security interest of the United States: Provided, That such determination and report shall include a
detailed justification for such waiver.
(2) The Secretary of State shall consult with the Committees on Appropriations prior to the transfer of funds appropriated by this Act under the heading ‘‘Foreign Military
Financing Program’’ to an interest-bearing account for Egypt.
(3) Funds appropriated under the heading ‘‘Economic Support Fund’’ in this Act and prior Acts (including previously
obligated funds), may be made available, notwithstanding any
other provision of law, for an Egypt initiative, particularly
for the specific costs referred to in the authorities referenced
herein, for the purpose of improving the lives of the Egyptian
people through education, investment in jobs and skills
(including secondary and vocational education), and access to
finance for small and medium enterprises with emphasis on
expanding opportunities for women, as well as other appropriate market-reform and economic growth activities: Provided,
That the provisions of title VI of Public Law 103–306 pertaining
to funds for Jordan shall be deemed to apply to any such
initiative and to funds available under this section to carry
out such an initiative in the same manner as such cited provisions apply to Jordan, subject to the following provisos: Provided further, That subparagraph (b)(2) shall be deemed not
to apply and the amount made available pursuant to this
section as set forth in the joint explanatory statement accompanying this Act and incorporated herein shall be deemed to
apply in lieu of the figure in subparagraph (b)(1): Provided
further, That the authority to reduce debt shall include
authority to exchange an outstanding obligation for a new
obligation and to permit both principal and interest payments
on new obligations to be deposited into a fund established
for such purpose, to be used in accordance with purposes set
forth in an agreement between the United States and Egypt:
Provided further, That the authority of this paragraph shall
only be made available after the Secretary of State certifies
to the Committees on Appropriations that the Government
of Egypt is implementing economic development policies consistent with the objectives of such initiative: Provided further,
That funds made available for such initiative shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(b) ENTERPRISE FUNDS.—Up to $60,000,000 of funds appropriated under the heading ‘‘Economic Support Fund’’ in this Act
and prior acts making appropriations for the Department of State,
foreign operations, and related programs (and including previously
obligated funds), that are available for assistance for Egypt, up
to $20,000,000 of such funds that are available for assistance for
Tunisia, and up to $60,000,000 of such funds that are available
for assistance for Jordan, respectively, may be made available notwithstanding any other provision of law, to establish and operate
one or more enterprise funds for Egypt, Tunisia, and Jordan, respectively: Provided, That provisions contained in section 201 of the
Support for East European Democracy (SEED) Act of 1989
(excluding the provisions of subsections (b), (c), (d)(3), and (f) of
that section), shall be deemed to apply to any such fund or funds,
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Justification.
Consultation.
Jordan.
Applicability.
Certification.
Notification.
Applicability.
PUBL074
125 STAT. 1224
Applicability.
Deadlines.
Reports.
Deadlines.
Public
information.
Web site.
Reports.
Termination
date.
Consultation.
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Extension.
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PUBLIC LAW 112–74—DEC. 23, 2011
and to funds made available to such fund or funds, in order to
enable such fund or funds to provide assistance for purposes of
this section: Provided further, That section 7077 of division F of
Public Law 111–117 shall apply to any such fund or funds established pursuant to this subsection: Provided further, That not more
than 5 percent of the funds made available pursuant to this subsection should be available for administrative expenses of such
fund or funds and not later than 1 year after the date of enactment
of this Act, and annually thereafter until each fund is dissolved,
each fund shall submit to the Committees on Appropriations a
report detailing the administrative expenses of such fund: Provided
further, That each fund shall be governed by a Board of Directors
comprised of six private United States citizens and three private
citizens of each country, respectively, who have had international
business careers and demonstrated expertise in international and
emerging markets investment activities: Provided further, That not
later than 1 year after the entry into force of the initial grant
agreement under this section and annually thereafter, each fund
shall prepare and make available to the public on an Internet
Web site administered by the fund a detailed report on the fund’s
activities during the previous year: Provided further, That the
authority of any such fund or funds to provide assistance shall
cease to be effective on December 31, 2022: Provided further, That
funds made available pursuant to this section shall be subject
to prior consultation with the Committees on Appropriations.
(c) IRAN.—
(1) It is the policy of the United States to seek to prevent
Iran from achieving the capability to produce or otherwise
manufacture nuclear weapons, including by supporting international diplomatic efforts to halt Iran’s uranium enrichment
program, and the President should fully implement and enforce
the Iran Sanctions Act of 1996, as amended (Public Law 104–
172) as a means of encouraging foreign governments to require
state-owned and private entities to cease all investment in,
and support of, Iran’s energy sector and all exports of refined
petroleum products to Iran.
(2) None of the funds appropriated or otherwise made
available in this Act under the heading ‘‘Export-Import Bank
of the United States’’ may be used by the Export-Import Bank
of the United States to provide any new financing (including
loans, guarantees, other credits, insurance, and reinsurance)
to any person that is subject to sanctions under paragraph
(2) or (3) of section 5(a) of the Iran Sanctions Act of 1996
(Public Law 104–172).
(3) The reporting requirements in section 7043(c) in division
F of Public Law 111–117 shall continue in effect during fiscal
year 2012 as if part of this Act: Provided, That the date in
subsection (c)(1) shall be deemed to be ‘‘September 30, 2012’’.
(d) IRAQ.—
(1) Funds appropriated or otherwise made available by
this Act for assistance for Iraq shall be made available in
a manner that utilizes Iraqi entities to the maximum extent
practicable, and in accordance with the cost-matching and other
requirements in the Department of State’s April 9, 2009 ‘‘Guidelines for Government of Iraq Financial Participation in United
States Government-Funded Civilian Foreign Assistance Programs and Projects’’.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1225
(2) None of the funds appropriated or otherwise made
available by this Act may be used by the Government of the
United States to enter into a permanent basing rights agreement between the United States and Iraq.
(3) Funds appropriated by this Act under titles III and
VI for assistance for Iraq may be made available notwithstanding any other provision of law, except for this subsection
and section 620M of the Foreign Assistance Act of 1961, as
amended by this Act.
(4) Funds appropriated by this Act for assistance for Iraq
under the heading ‘‘Economic Support Fund’’ shall be made
available for programs and activities for which policy justifications and decisions shall be the responsibility of the United
States Chief of Mission in Iraq.
(5)(A) Of the funds appropriated under the heading ‘‘Diplomatic and Consular Programs’’ in title VIII of this Act that
are made available for security and provincial operations for
the Department of State in Iraq, 15 percent shall be withheld
from obligation until the Secretary of State submits a report
to the Committees on Appropriations detailing—
(i) an assessment of the security environment in Iraq
with respect to facilities and personnel, and the anticipated
impact of the withdrawal of United States Armed Forces
in Iraq on such environment, on a facility-by-facility basis;
(ii) an assessment of the security requirements at each
facility, and the estimated cost of sustaining such requirements over the next 3 fiscal years;
(iii) the types of military equipment to be used to
meet the security requirements at each facility;
(iv) the number of United States Government personnel
anticipated at each facility, a general description of the
duties of such personnel, and the number and cost of contractors anticipated at each facility required for operational
and other support; and
(v) a description of contingency plans, including evacuation, at each facility for United States Government personnel and contractors.
(B) The report required by this paragraph may be submitted in classified form, if necessary.
(e) LEBANON.—
(1) None of the funds appropriated by this Act may be
made available for the Lebanese Armed Forces (LAF) if the
LAF is controlled by a foreign terrorist organization, as defined
by section 219 of the Immigration and Nationality Act.
(2) Funds appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’ for assistance for Lebanon
may be made available only to professionalize the LAF and
to strengthen border security and combat terrorism, including
training and equipping the LAF to secure Lebanon’s borders,
interdicting arms shipments, preventing the use of Lebanon
as a safe haven for terrorist groups, and to implement United
Nations Security Council Resolution 1701: Provided, That funds
may not be made available for obligation until the Secretary
of State submits a detailed spend plan to the Committees
on Appropriations, except such plan may not be considered
as meeting the notification requirements under section 7015
of this Act or under section 634A of the Foreign Assistance
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Base rights.
Reports.
Spending plan.
Deadline.
PUBL074
125 STAT. 1226
Consultation.
Deadline.
Reports.
Consultation.
Reports.
PUBLIC LAW 112–74—DEC. 23, 2011
Act of 1961, and shall be submitted not later than September
1, 2012: Provided further, That the Secretary of State shall
regularly consult with the Committees on Appropriations on
the activities of the LAF and assistance provided by the United
States: Provided further, That not later than 90 days after
enactment of this Act, the Secretary of State shall submit
a report to the Committees on Appropriations detailing the
actions taken to ensure that equipment provided to the LAF
is used for intended purposes.
(3) Funds appropriated by this Act under titles III and
VI for assistance for Lebanon may be made available notwithstanding any other provision of law, except for this subsection
and section 620M of the Foreign Assistance Act of 1961, as
amended by this Act.
(f) LIBYA.—Of the funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs, up to $20,000,000 should be
made available to promote democracy, transparent and accountable
governance, human rights, transitional justice, and the rule of
law in Libya, and for exchange programs between Libyan and
American students and professionals: Provided, That such funds
shall be made available, to the maximum extent practicable, on
a cost matching basis: Provided further, That none of the funds
appropriated by this Act may be made available for assistance
for Libya for infrastructure projects, except on a loan basis with
terms favorable to the United States, and only following consultation with the Committees on Appropriations.
(g) MOROCCO.—Prior to the obligation of funds appropriated
by this Act under the heading ‘‘Foreign Military Financing Program’’
for assistance for Morocco, the Secretary of State shall submit
a report to the Committees on Appropriations on steps being taken
by the Government of Morocco to—
(1) respect the right of individuals to peacefully express
their opinions regarding the status and future of the Western
Sahara and to document violations of human rights; and
(2) provide unimpeded access to human rights organizations, journalists, and representatives of foreign governments
to the Western Sahara.
(h) SYRIA.—Funds appropriated by this Act shall be made available to promote democracy and protect human rights in Syria,
a portion of which should be programmed in consultation with
governments in the region, as appropriate.
(i) YEMEN.—None of the funds appropriated by this Act may
be made available for the Armed Forces of Yemen if such forces
are controlled by a foreign terrorist organization, as defined by
section 219 of the Immigration and Nationality Act.
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SERBIA
SEC. 7042. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Serbia after
May 31, 2012, if the Secretary of State has submitted the report
required in subsection (c).
(b) After May 31, 2012, the Secretary of the Treasury should
instruct the United States executive directors of the international
financial institutions to support loans and assistance to the Government of Serbia subject to the condition in subsection (c).
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1227
(c) The report referred to in subsection (a) is a report by
the Secretary of State to the Committees on Appropriations that
the Government of Serbia is cooperating with the International
Criminal Tribunal for the former Yugoslavia, including apprehending and transferring indictees and providing investigators
access to witnesses, documents, and other information.
(d) This section shall not apply to humanitarian assistance
or assistance to promote democracy.
Reports.
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AFRICA
SEC. 7043. (a) CONFLICT MINERALS.—
(1) Funds appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’ may be made available for
assistance for Rwanda or Uganda unless the Secretary of State
has credible information that the Government of Rwanda or
the Government of Uganda is providing political, military or
financial support to armed groups in the Democratic Republic
of the Congo (DRC) that are involved in the illegal exportation
of minerals out of the DRC or have violated human rights.
(2) The restriction in paragraph (1) shall not apply to
assistance to improve border controls to prevent the illegal
exportation of minerals out of the DRC by such groups, to
protect humanitarian relief efforts, or to support the training
and deployment of members of the Rwandan or Ugandan militaries in international peacekeeping operations or to conduct
operations against the Lord’s Resistance Army.
(b) COUNTERTERRORISM PROGRAMS.—Of the funds appropriated
by this Act, not less than $52,800,000 should be made available
for the Trans-Sahara Counter-terrorism Partnership program, and
not less than $21,300,000 should be made available for the Partnership for Regional East Africa Counterterrorism program.
(c) CRISIS RESPONSE.—Notwithstanding any other provision of
law, up to $10,000,000 of the funds appropriated by this Act under
the heading ‘‘Global Health Programs’’ for HIV/AIDS activities may
be transferred to, and merged with, funds appropriated under the
headings ‘‘Economic Support Fund’’ and ‘‘Transition Initiatives’’ to
respond to unanticipated crises in Africa, except that funds shall
not be transferred unless the Secretary of State certifies to the
Committees on Appropriations that no individual currently on antiretroviral therapy supported by such funds shall be negatively
impacted by the transfer of such funds: Provided, That the authority
of this subsection shall be subject to prior consultation with the
Committees on Appropriations.
(d) EXPANDED INTERNATIONAL MILITARY EDUCATION AND
TRAINING.—
(1) Funds appropriated under the heading ‘‘International
Military Education and Training’’ (IMET) in this Act that are
made available for assistance for Angola, Cameroon, Central
African Republic, Chad, Coˆte d’Ivoire, Guinea and Zimbabwe
may be made available only for training related to international
peacekeeping operations and expanded IMET: Provided, That
the limitation included in this paragraph shall not apply to
courses that support training in maritime security for Angola
and Cameroon.
(2) None of the funds appropriated under the heading
‘‘International Military Education and Training’’ in this Act
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Certification.
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may be made available for assistance for Equatorial Guinea
or Somalia.
(e) ETHIOPIA.—
(1) Funds appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’ that are available for assistance for Ethiopia shall not be made available unless the Secretary of State—
(A) certifies to the Committees on Appropriations that
the Government of Ethiopia is implementing policies to
respect due process and freedoms of expression and association, and is permitting access to human rights and humanitarian organizations to the Somalia region of Ethiopia;
and
(B) submits a report to the Committees on Appropriations on the types and amounts of United States training
and equipment proposed to be provided to the Ethiopian
military including steps that will be taken to ensure that
such assistance is not provided to military units or personnel that have violated human rights, and steps taken
by the Government of Ethiopia to investigate and prosecute
members of the Ethiopian military who have been credibly
alleged to have violated such rights.
(2) The restriction in paragraph (1) shall not apply to
assistance to Ethiopian military efforts in support of international peacekeeping operations, counterterrorism operations
along the border with Somalia, and for assistance to the Ethiopian Defense Command and Staff College.
(f) SUDAN LIMITATION ON ASSISTANCE.—
(1) Notwithstanding any other provision of law, none of
the funds appropriated by this Act may be made available
for assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may be
made available for the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the
cost of selling, reducing, or canceling amounts owed to the
United States, and modifying concessional loans, guarantees,
and credit agreements.
(3) The limitations of paragraphs (1) and (2) shall not
apply to—
(A) humanitarian assistance;
(B) assistance for the Darfur region, Southern
Kordofan/Nuba Mountains State, Blue Nile State, other
marginalized areas and populations in Sudan, and Abyei;
and
(C) assistance to support implementation of the Comprehensive Peace Agreement (CPA), mutual arrangements
related to post-referendum issues associated with the CPA,
or to promote peace and stability between Sudan and South
Sudan, or any other internationally recognized viable peace
agreement in Sudan.
(g) SOUTH SUDAN.—
(1) Funds appropriated by this Act should be made available for assistance for South Sudan including to increase agricultural productivity, expand educational opportunities especially for girls, strengthen democratic institutions and the rule
of law, and enhance the capacity of the Federal Legislative
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PUBLIC LAW 112–74—DEC. 23, 2011
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Assembly to conduct oversight over government revenues and
expenditures.
(2) Not less than 15 days prior to the obligation of funds
appropriated by this Act that are available for assistance for
the Government of South Sudan, the Secretary of State shall
submit a report to the Committees on Appropriations detailing
the extent to which the Government of South Sudan is—
(A) supporting freedom of expression, the establishment of democratic institutions including an independent
judiciary, parliament, and security forces that are accountable to civilian authority; and
(B) investigating and punishing members of security
forces who have violated human rights.
(3) The Secretary of State shall seek to obtain regular
audits of the financial accounts of the Government of South
Sudan to ensure transparency and accountability of funds,
including revenues from the extraction of oil and gas, and
the timely, public disclosure of such audits: Provided, That
the Secretary should assist the Government of South Sudan
in conducting such audits, and by providing technical assistance
to enhance the capacity of the National Auditor Chamber to
carry out its responsibilities, and shall submit a report not
later than 90 days after enactment of this Act to the Committees on Appropriations detailing the steps that will be taken
by the Government of South Sudan, which are additional to
those taken in the previous fiscal year, to improve resource
management and ensure transparency and accountability of
funds.
(h) UGANDA.—Funds appropriated by this Act should be made
available for programs and activities in areas affected by the Lord’s
Resistance Army.
(i) WAR CRIMES IN AFRICA.—
(1) The Congress reaffirms its support for the efforts of
the International Criminal Tribunal for Rwanda (ICTR) and
the Special Court for Sierra Leone (SCSL) to bring to justice
individuals responsible for war crimes and crimes against
humanity in a timely manner.
(2) Funds appropriated by this Act may be made available
for assistance for the central government of a country in which
individuals indicted by the ICTR and the SCSL are credibly
alleged to be living, if the Secretary of State determines and
reports to the Committees on Appropriations that such government is cooperating with the ICTR and the SCSL, including
the apprehension, surrender, and transfer of indictees in a
timely manner: Provided, That this subsection shall not apply
to assistance provided under section 551 of the Foreign Assistance Act of 1961 or to project assistance under title VI of
this Act: Provided further, That the United States shall use
its voice and vote in the United Nations Security Council to
fully support efforts by the ICTR and the SCSL to bring to
justice individuals indicted by such tribunals in a timely
manner.
(3) The prohibition in paragraph (2) may be waived on
a country-by-country basis if the President determines that
doing so is in the national security interest of the United
States: Provided, That prior to exercising such waiver authority,
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Deadline.
Reports.
Audits.
Public
information.
Reports.
Deadline.
Determination.
Reports.
Waiver authority.
President.
Determination.
Reports.
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Loans.
Grants.
Determination.
Reports.
22 USC 2151
note.
PUBLIC LAW 112–74—DEC. 23, 2011
the President shall submit a report to the Committees on
Appropriations, in classified form if necessary, on—
(A) the steps being taken to obtain the cooperation
of the government in apprehending and surrendering the
indictee in question to the court of jurisdiction;
(B) a strategy, including a timeline, for bringing the
indictee before such court; and
(C) the justification for exercising the waiver authority.
(j) ZIMBABWE.—
(1) The Secretary of the Treasury shall instruct the United
States executive director of each international financial institution to vote against any extension by the respective institution
of any loans or grants to the Government of Zimbabwe, except
to meet basic human needs or to promote democracy, unless
the Secretary of State determines and reports in writing to
the Committees on Appropriations that the rule of law has
been restored in Zimbabwe, including respect for ownership
and title to property, freedom of speech and association.
(2) None of the funds appropriated by this Act shall be
made available for assistance for the central Government of
Zimbabwe, except for health, education, and macroeconomic
growth assistance, unless the Secretary of State makes the
determination required in paragraph (1).
ASIA
SEC. 7044. (a) TIBET.—
(1) The Secretary of the Treasury should instruct the
United States executive director of each international financial
institution to use the voice and vote of the United States
to support projects in Tibet if such projects do not provide
incentives for the migration and settlement of non-Tibetans
into Tibet or facilitate the transfer of ownership of Tibetan
land and natural resources to non-Tibetans; are based on a
thorough needs-assessment; foster self-sufficiency of the
Tibetan people and respect Tibetan culture and traditions; and
are subject to effective monitoring.
(2) Notwithstanding any other provision of law, funds
appropriated by this Act under the heading ‘‘Economic Support
Fund’’ shall be made available to nongovernmental organizations to support activities which preserve cultural traditions
and promote sustainable development and environmental conservation in Tibetan communities in the Tibetan Autonomous
Region and in other Tibetan communities in China.
(b) BURMA.—
(1) The Secretary of the Treasury shall instruct the United
States executive directors of the appropriate international
financial institutions to vote against any loan, agreement, or
other financial support for Burma.
(2) Funds appropriated by this Act under the heading ‘‘Economic Support Fund’’ may be made available for assistance
for Burma notwithstanding any other provision of law, except
no such funds shall be made available to the State Peace
and Development Council, or its successor, and its affiliated
organizations: Provided, That such funds shall be made available for programs along Burma’s borders and for Burmese
groups and organizations located outside Burma, and may be
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Loans.
50 USC 1701
note.
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made available to support programs in Burma: Provided further, That in addition to assistance for Burmese refugees appropriated under the heading ‘‘Migration and Refugee Assistance’’
in this Act, funds shall be made available for communitybased organizations operating in Thailand to provide food, medical, and other humanitarian assistance to internally displaced
persons in eastern Burma: Provided further, That any new
program or activity initiated with funds made available by
this Act shall be subject to prior consultation with the Committees on Appropriations, and all such funds shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(c) CAMBODIA.—Funds made available in this Act for a United
States contribution to a Khmer Rouge tribunal may only be made
available if the Secretary of State certifies to the Committees on
Appropriations that the United Nations and the Government of
Cambodia are taking credible steps to address allegations of corruption and mismanagement within the tribunal.
(d) INDONESIA.—Of the funds appropriated by this Act under
the heading ‘‘Foreign Military Financing Program’’ that are available for assistance for Indonesia, $2,000,000 may not be obligated
until the Secretary of State submits to the Committees on Appropriations the report on Indonesia required under such heading
in Senate Report 112–85.
(e) NORTH KOREA.—None of the funds made available by this
Act under the heading ‘‘Economic Support Fund’’ may be made
available for energy-related assistance for North Korea.
(f) PEOPLE’S REPUBLIC OF CHINA.—
(1) None of the funds appropriated under the heading ‘‘Diplomatic and Consular Programs’’ in this Act may be obligated
or expended for processing licenses for the export of satellites
of United States origin (including commercial satellites and
satellite components) to the People’s Republic of China unless,
at least 15 days in advance, the Committees on Appropriations
are notified of such proposed action.
(2) The terms and requirements of section 620(h) of the
Foreign Assistance Act of 1961 shall apply to foreign assistance
projects or activities of the People’s Liberation Army (PLA)
of the People’s Republic of China, to include such projects
or activities by any entity that is owned or controlled by,
or an affiliate of, the PLA: Provided, That none of the funds
appropriated or otherwise made available pursuant to this Act
may be used to finance any grant, contract, or cooperative
agreement with the PLA, or any entity that the Secretary
of State has reason to believe is owned or controlled by, or
an affiliate of, the PLA.
(g) PHILIPPINES.—Of the funds appropriated by this Act under
the heading ‘‘Foreign Military Financing Program’’ that are available for assistance for the Philippines, $3,000,000 may not be obligated until the Secretary of State submits to the Committees on
Appropriations the report on the Philippines required under such
heading in Senate Report 112–85.
(h) VIETNAM.—Funds appropriated under the heading ‘‘Economic Support Fund’’ shall be made available for remediation of
dioxin contaminated sites in Vietnam and may be made available
for assistance for the Government of Vietnam, including the military, for such purposes, and funds under the heading ‘‘Development
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Thailand.
Consultation.
Notification.
Certification.
Reports.
Exports and
imports.
Deadline.
Notification.
Applicability.
People’s
Liberation Army.
Reports.
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PUBLIC LAW 112–74—DEC. 23, 2011
Assistance’’ shall be made available for related health/disability
activities.
WESTERN HEMISPHERE
SEC. 7045. (a) COLOMBIA.—
(1) Funds appropriated by this Act and made available
to the Department of State for assistance to the Government
of Colombia may be used to support a unified campaign against
narcotics trafficking, illegal armed groups, and organizations
designated as Foreign Terrorist Organizations and successor
organizations, and to take actions to protect human health
and welfare in emergency circumstances, including undertaking
rescue operations: Provided, That no United States Armed
Forces personnel or United States civilian contractor employed
by the United States will participate in any combat operation
in connection with assistance made available by this Act for
Colombia: Provided further, That rotary and fixed wing aircraft
supported with funds appropriated under the heading ‘‘International Narcotics Control and Law Enforcement’’ for assistance
for Colombia may be used for aerial or manual drug eradication
and interdiction including to transport personnel and supplies
and to provide security for such operations: Provided further,
That such aircraft may also be used to provide transport in
support of alternative development programs and investigations
by civilian judicial authorities: Provided further, That the President shall ensure that if any helicopter procured with funds
in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, is
used to aid or abet the operations of any illegal self-defense
group, paramilitary organization, or other illegal armed group
in Colombia, such helicopter shall be immediately returned
to the United States: Provided further, That none of the funds
appropriated by this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for assistance for the Colombian Departamento Administrativo de Seguridad or successor
organizations: Provided further, That none of the funds appropriated by this Act for assistance for Colombia shall be made
available for the cultivation or processing of African oil palm,
if doing so would contribute to significant loss of native species,
disrupt or contaminate natural water sources, reduce local food
security, or cause the forced displacement of local people: Provided further, That any complaints of harm to health or licit
crops caused by aerial eradication shall be thoroughly investigated and evaluated, and fair compensation paid in a timely
manner for meritorious claims: Provided further, That funds
may not be made available for aerial eradication unless programs are being implemented by the United States Agency
for International Development, the Government of Colombia,
or other organizations, in consultation and coordination with
local communities, to provide alternative sources of income
in areas where security permits for small-acreage growers and
communities whose illicit crops are targeted for aerial eradication: Provided further, That funds appropriated by this Act
may not be used for aerial eradication in Colombia’s national
parks or reserves unless the Secretary of State certifies to
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the Committees on Appropriations that there are no effective
alternatives and the eradication is in accordance with Colombian laws.
(2) COLOMBIAN ARMED FORCES.—Of the funds appropriated
by this Act that are available for assistance for the Colombian
Armed Forces, 25 percent may be obligated only after the
Secretary of State consults with, and subsequently certifies
and submits a report to, the Committees on Appropriations
that the Government of Colombia and Colombian Armed Forces
are meeting the conditions that appear under this section in
the joint explanatory statement accompanying this Act: Provided, That the requirement to withhold funds from obligation
shall not apply with respect to funds made available under
the heading ‘‘International Narcotics Control and Law Enforcement’’ in this Act for continued support for the Critical Flight
Safety Program or for any alternative development programs
in Colombia administered by the Bureau of International Narcotics and Law Enforcement Affairs of the Department of State:
Provided further, That not less than 30 days prior to making
the certification the Secretary of State shall consult with Colombian and international human rights organizations.
(3) ILLEGAL ARMED GROUPS.—
(A) DENIAL OF VISAS.—Subject to paragraph (B), the
Secretary of State shall not issue a visa to any alien who
the Secretary determines, based on credible information—
(i) has willfully provided any support to or benefitted from the Revolutionary Armed Forces of
Colombia (FARC), the National Liberation Army
(ELN), the United Self-Defense Forces of Colombia
(AUC), or other illegal armed groups, including taking
actions or failing to take actions which allow, facilitate,
or otherwise foster the activities of such groups; or
(ii) has committed, ordered, incited, assisted, or
otherwise participated in the commission of a violation
of human rights in Colombia.
(B) WAIVER.—Paragraph (A) shall not apply if the Secretary of State certifies to the Committees on Appropriations, on a case-by-case basis, that the issuance of a visa
to the alien is necessary to support the peace process
in Colombia or for urgent humanitarian reasons.
(b) GUATEMALA.—Funds appropriated by this Act under the
headings ‘‘International Military Education and Training’’ (IMET)
and ‘‘Foreign Military Financing Program’’ that are available for
assistance for Guatemala may be made available only for the Guatemalan Air Force, Navy, and Army Corps of Engineers: Provided,
That expanded IMET may be made available for assistance for
the Guatemalan Army.
(c) HAITI.—The Government of Haiti shall be eligible to purchase defense articles and services under the Arms Export Control
Act (22 U.S.C. 2751 et seq.) for the Coast Guard.
(d) HONDURAS.—Prior to the obligation of 20 percent of the
funds appropriated by this Act that are available for assistance
for Honduran military and police forces, the Secretary of State
shall report in writing to the Committees on Appropriations that:
the Government of Honduras is implementing policies to protect
freedom of expression and association, and due process of law;
and is investigating and prosecuting in the civilian justice system,
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Certification.
Certification.
Reports.
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Reports.
PUBLIC LAW 112–74—DEC. 23, 2011
in accordance with Honduran and international law, military and
police personnel who are credibly alleged to have violated human
rights, and the Honduran military and police are cooperating with
civilian judicial authorities in such cases: Provided, That the restriction in this subsection shall not apply to assistance to promote
transparency, anti-corruption and the rule of law within the military
and police forces.
(e) MEXICO.—Prior to the obligation of 15 percent of the funds
appropriated by this Act that are available for assistance for Mexican military and police forces, the Secretary of State shall report
in writing to the Committees on Appropriations that: the Government of Mexico is investigating and prosecuting in the civilian
justice system, in accordance with Mexican and international law,
military and police personnel who are credibly alleged to have
violated human rights; is enforcing prohibitions on the use of testimony obtained through torture; and the Mexican military and police
are cooperating with civilian judicial authorities in such cases:
Provided, That the restriction in this subsection shall not apply
to assistance to promote transparency, anti-corruption and the rule
of law within the military and police forces.
(f) TRADE CAPACITY.—Of the funds appropriated by this Act,
not less than $10,000,000 under the heading ‘‘Development Assistance’’ and not less than $10,000,000 under the heading ‘‘Economic
Support Fund’’ shall be made available for labor and environmental
capacity building activities relating to free trade agreements with
countries of Central America, Peru and the Dominican Republic.
(g) AIRCRAFT OPERATIONS AND MAINTENANCE.—To the maximum extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act should be borne by
the recipient country.
SOUTH ASIA
SEC. 7046. (a) AFGHANISTAN.—
(1) LIMITATION.—None of the funds appropriated or otherwise made available by this Act under the headings ‘‘Economic
Support Fund’’ and ‘‘International Narcotics Control and Law
Enforcement’’ may be obligated for assistance for the Government of Afghanistan until the Secretary of State, in consultation
with the Administrator of the United States Agency for International Development (USAID), certifies to the Committees
on Appropriations that—
(A) The funds will be used to design and support
programs in accordance with the June 2011 ‘‘Administrator’s Sustainability Guidance for USAID in Afghanistan’’.
(B) The Government of Afghanistan is—
(i) reducing corruption and improving governance,
including by investigating, prosecuting, sanctioning or
removing corrupt officials from office and implementing
financial transparency and accountability measures for
government institutions and officials (including the
Central Bank) as well as conducting oversight of public
resources;
(ii) taking credible steps to protect the human
rights of Afghan women; and
(iii) taking significant steps to facilitate active
public participation in governance and oversight.
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Certification.
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(C) Funds will be used to support and strengthen the
capacity of Afghan public and private institutions and entities to reduce corruption and to improve transparency and
accountability of national, provincial and local governments.
(D) Representatives of Afghan national, provincial or
local governments, and local communities and civil society
organizations, including women-led organizations, will be
consulted and participate in the design of programs,
projects, and activities, including participation in
implementation and oversight, and the development of specific benchmarks to measure progress and outcomes.
(2) ASSISTANCE AND OPERATIONS.—
(A) Funds appropriated or otherwise made available
by this Act for assistance for Afghanistan may be made
available as a United States contribution to the Afghanistan Reconstruction Trust Fund (ARTF) unless the Secretary of State determines and reports to the Committees
on Appropriations that the World Bank Monitoring Agent
of the ARTF is unable to conduct its financial control
and audit responsibilities due to restrictions on security
personnel by the Government of Afghanistan.
(B) Funds appropriated under the headings ‘‘Economic
Support Fund’’ and ‘‘International Narcotics Control and
Law Enforcement’’ in this Act that are available for assistance for Afghanistan—
(i) shall be made available, to the maximum extent
practicable, in a manner that emphasizes the participation of Afghan women, and directly improves the security, economic and social well-being, and political
status, and protects the rights of, Afghan women and
girls and complies with sections 7060 and 7061 of
this Act, including support for the Afghan Independent
Human Rights Commission, the Afghan Ministry of
Women’s Affairs, and women-led organizations;
(ii) may be made available for a United States
contribution to an internationally managed fund to
support the reconciliation with and disarmament,
demobilization and reintegration into Afghan society
of former combatants who have renounced violence
against the Government of Afghanistan: Provided, That
funds may be made available to support reconciliation
and reintegration activities only if:
(I) Afghan women are participating at
national, provincial and local levels of government
in the design, policy formulation and implementation of the reconciliation or reintegration process,
and such process upholds steps taken by the
Government of Afghanistan to protect the human
rights of Afghan women; and
(II) such funds will not be used to support
any pardon or immunity from prosecution, or any
position in the Government of Afghanistan or security forces, for any leader of an armed group
responsible for crimes against humanity, war
crimes, or acts of terrorism; and
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Reports.
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Extension.
Applicability.
Deadline.
Reports.
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(iii) may be made available for a United States
contribution to the North Atlantic Treaty Organization/
International Security Assistance Force Post-Operations Humanitarian Relief Fund.
(C) The authority contained in section 1102(c) of Public
Law 111–32 shall continue in effect during fiscal year
2012 and shall apply as if part of this Act.
(D)(i) Of the funds appropriated by this Act that are
made available for assistance for Afghanistan, not less
than $50,000,000 shall be made available for rule of law
programs: Provided, That decisions on the uses of such
funds shall be the responsibility of the Coordinator for
Rule of Law, in consultation with the Interagency Planning
and Implementation Team, at the United States Embassy
in Kabul, Afghanistan: Provided further, That $250,000
of such funds shall be transferred to, and merged with,
funds appropriated under the heading ‘‘Office of Inspector
General’’ in title I of this Act for oversight of such programs
and activities.
(ii) The Coordinator for Rule of Law at the United
States Embassy in Kabul, Afghanistan shall be consulted
on the use of all funds appropriated by this Act for rule
of law programs in Afghanistan.
(E) None of the funds made available by this Act
may be used by the United States Government to enter
into a permanent basing rights agreement between the
United States and Afghanistan.
(F) Any significant modification to the scope, objectives
or implementation mechanisms of United States assistance
programs in Afghanistan shall be subject to prior consultation with, and the regular notification procedures of, the
Committees on Appropriations, except that the prior consultation requirement may be waived in a manner consistent with section 7015(e) of this Act.
(G) Not later than 90 days after enactment of this
Act, the Secretary of State shall report to the Committees
on Appropriations on the International Monetary Fund
(IMF) country program for Afghanistan including actions
requested by the IMF and taken by the Government of
Afghanistan to address the Kabul Bank crisis and restore
confidence in Afghanistan’s banking sector.
(H) Funds appropriated under titles III through VI
of this Act that are made available for assistance for
Afghanistan may be made available notwithstanding section 7012 of this Act or any similar provision of law and
section 660 of the Foreign Assistance Act of 1961.
(3) OVERSIGHT.—The Special Inspector General for Afghanistan Reconstruction, the Inspector General of the Department
of State and the Inspector General of USAID, shall jointly
develop and submit to the Committees on Appropriations within
45 days of enactment of this Act a coordinated audit and
inspection plan of United States assistance for, and civilian
operations in, Afghanistan.
(b) NEPAL.—
(1) Funds appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’ may be made available for
assistance for Nepal only if the Secretary of State certifies
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to the Committees on Appropriations that the Nepal Army
is—
(A) cooperating fully with investigations and prosecutions of violations of human rights by civilian judicial
authorities; and
(B) working constructively to redefine the Nepal Army’s
mission and adjust its size accordingly, implement reforms
including strengthening the capacity of the civilian ministry
of defense to improve budget transparency and accountability, and facilitate the integration of former rebel
combatants into the security forces including the Nepal
Army, consistent with the goals of reconciliation, peace
and stability.
(2) The conditions in paragraph (1) shall not apply to
assistance for humanitarian relief and reconstruction activities
in Nepal.
(c) PAKISTAN.—
(1) CERTIFICATION.—
(A) None of the funds appropriated or otherwise made
available by this Act under the headings ‘‘Economic Support
Fund’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Foreign Military Financing Program’’, and ‘‘Pakistan Counterinsurgency Capability Fund’’ for assistance
for the Government of Pakistan may be made available
unless the Secretary of State certifies to the Committees
on Appropriations that the Government of Pakistan is—
(i) cooperating with the United States in counterterrorism efforts against the Haqqani Network, the
Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-eMohammed, Al Qaeda and other domestic and foreign
terrorist organizations, including taking steps to end
support for such groups and prevent them from basing
and operating in Pakistan and carrying out cross
border attacks into neighboring countries;
(ii) not supporting terrorist activities against
United States or coalition forces in Afghanistan, and
Pakistan’s military and intelligence agencies are not
intervening extra-judicially into political and judicial
processes in Pakistan;
(iii) dismantling improvised explosive device (IED)
networks and interdicting precursor chemicals used
in the manufacture of IEDs;
(iv) preventing the proliferation of nuclear-related
material and expertise;
(v) issuing visas in a timely manner for United
States visitors engaged in counterterrorism efforts and
assistance programs in Pakistan; and
(vi) providing humanitarian organizations access
to detainees, internally displaced persons, and other
Pakistani civilians affected by the conflict.
(B) The Secretary of State may waive the requirements
of paragraph (A) if to do so is in the national security
interests of the United States.
(2) ASSISTANCE.—
(A) Funds appropriated by this Act under the heading
‘‘Foreign Military Financing Program’’ for assistance for
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125 STAT. 1238
PUBLIC LAW 112–74—DEC. 23, 2011
Pakistan may be made available only to support counterterrorism and counterinsurgency capabilities in Pakistan, and
are subject to section 620M of the Foreign Assistance Act
of 1961, as amended by this Act.
(B) Funds appropriated by this Act under the heading
‘‘Economic Support Fund’’ for assistance for Pakistan
should be made available to interdict precursor materials
from Pakistan to Afghanistan that are used to manufacture
improvised explosive devices, including calcium ammonium
nitrate; to support programs to train border and customs
officials in Pakistan and Afghanistan; and for agricultural
extension programs that encourage alternative fertilizer
use among Pakistani farmers.
(C) Of the funds appropriated by this Act under the
heading ‘‘Economic Support Fund’’ for assistance for Pakistan, $10,000,000 shall be made available through the
Bureau of Democracy, Human Rights and Labor, Department of State, for human rights and democracy programs
in Pakistan, including training of government officials and
security forces, and assistance for human rights organizations and the development of democratic political parties.
(D) Funds appropriated by this Act under the heading
‘‘Economic Support Fund’’ for assistance for Pakistan may
be made available for the Chief of Mission Fund, as authorized by section 101(c)(5) of Public Law 111–73.
(E) Funds appropriated by this Act under the heading
‘‘Economic Support Fund’’ that are made available for
assistance for infrastructure projects in Pakistan shall be
implemented in a manner consistent with section 507(6)
of the Trade Act of 1974 (19 U.S.C. 2467(6)).
(F) Funds appropriated by this Act under titles III
and VI for assistance for Pakistan may be made available
notwithstanding any other provision of law, except for this
subsection and section 620M of the Foreign Assistance
Act of 1961, as amended by this Act.
(3) REPORTS.—
(A)(i) The spend plan required by section 7078 of this
Act for assistance for Pakistan shall include achievable
and sustainable goals, benchmarks for measuring progress,
and expected results regarding furthering development in
Pakistan, countering extremism, and establishing conditions conducive to the rule of law and transparent and
accountable governance: Provided, That such benchmarks
may incorporate those required in title III of Public Law
111–73, as appropriate: Provided further, That not later
than 6 months after submission of such spend plan, and
each 6 months thereafter until September 30, 2013, the
Secretary of State shall submit a report to the Committees
on Appropriations on the status of achieving the goals
and benchmarks in the spend plan.
(ii) The Secretary of State should suspend assistance
for the Government of Pakistan if any report required
by paragraph (A)(i) indicates that Pakistan is failing to
make measurable progress in meeting these goals or benchmarks.
(B) Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report to the
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1239
Committees on Appropriations detailing the costs and
objectives associated with significant infrastructure projects
supported by the United States in Pakistan, and an assessment of the extent to which such projects achieve such
objectives.
(d) SRI LANKA.—
(1) None of the funds appropriated by this Act under the
heading ‘‘Foreign Military Financing Program’’ may be made
available for assistance for Sri Lanka, no defense export license
may be issued, and no military equipment or technology shall
be sold or transferred to Sri Lanka pursuant to the authorities
contained in this Act or any other Act, unless the Secretary
of State certifies to the Committees on Appropriations that
the Government of Sri Lanka is—
(A) conducting credible, thorough investigations of
alleged war crimes and violations of international humanitarian law by government forces and the Liberation Tigers
of Tamil Eelam;
(B) bringing to justice individuals who have been
credibly alleged to have committed such violations;
(C) supporting and cooperating with any United
Nations investigation of alleged war crimes and violations
of international humanitarian law;
(D) respecting due process, the rights of journalists,
and the rights of citizens to peaceful expression and
association, including ending arrest and detention under
emergency regulations;
(E) providing access to detainees by humanitarian
organizations; and
(F) implementing policies to promote reconciliation and
justice including devolution of power.
(2) Paragraph (1) shall not apply to assistance for humanitarian demining and aerial and maritime surveillance.
(3) If the Secretary makes the certification required in
paragraph (1), funds appropriated under the heading ‘‘Foreign
Military Financing Program’’ that are made available for assistance for Sri Lanka should be used to support the recruitment
and training of Tamils into the Sri Lankan military, Tamil
language training for Sinhalese military personnel, and human
rights training for all military personnel.
(4) The Secretary of the Treasury shall instruct the United
States executive directors of the international financial institutions to vote against any loan, agreement, or other financial
support for Sri Lanka except to meet basic human needs, unless
the Secretary of State certifies to the Committees on Appropriations that the Government of Sri Lanka is meeting the requirements in paragraph (1)(D), (E), and (F) of this subsection.
(e) REGIONAL CROSS BORDER PROGRAMS.—Funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’ for assistance for Afghanistan and Pakistan may be provided notwithstanding any other provision of law that restricts assistance to
foreign countries for cross border stabilization and development
programs between Afghanistan and Pakistan or between either
country and the Central Asian republics.
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Certification.
Certification.
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PUBLIC LAW 112–74—DEC. 23, 2011
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
SEC. 7047. None of the funds appropriated or made available
pursuant to titles III through VI of this Act for carrying out the
Foreign Assistance Act of 1961, may be used to pay in whole
or in part any assessments, arrearages, or dues of any member
of the United Nations or, from funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assistance Act
of 1961, the costs for participation of another country’s delegation
at international conferences held under the auspices of multilateral
or international organizations.
WAR CRIMES TRIBUNALS DRAWDOWN
President.
Determination.
Notification.
SEC. 7048. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may
direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities and services
for the United Nations War Crimes Tribunal established with
regard to the former Yugoslavia by the United Nations Security
Council or such other tribunals or commissions as the Council
may establish or authorize to deal with such violations, without
regard to the ceiling limitation contained in paragraph (2) thereof:
Provided, That the determination required under this section shall
be in lieu of any determinations otherwise required under section
552(c): Provided further, That funds made available pursuant to
this section shall be made available subject to the regular notification procedures of the Committees on Appropriations.
UNITED NATIONS
Determination.
Reports.
Public
information.
Web site.
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Terrorism.
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SEC. 7049. (a) TRANSPARENCY AND ACCOUNTABILITY.—
(1) Of the funds appropriated under title I and under
the heading ‘‘International Organizations and Programs’’ in
title V of this Act that are available for contributions to any
United Nations agency or to the Organization of American
States, 15 percent shall be withheld from obligation for such
agency or organization if the Secretary of State determines
and reports to the Committees on Appropriations that the
agency or organization is not taking steps to—
(A) publish on a publicly available Web site, consistent
with privacy regulations and due process, regular financial
and programmatic audits of the agency or organization,
and provide the United States Government with necessary
access to such financial and performance audits; and
(B) implement best practices for the protection of
whistleblowers from retaliation, including best practices
for legal burdens of proof, access to independent adjudicative bodies, results that eliminate the effects of retaliation,
and statutes of limitation for reporting retaliation.
(2) The Secretary may waive the restriction in this subsection if the Secretary determines and reports that to do
so is in the national interest of the United States.
(b) RESTRICTIONS ON UNITED NATIONS DELEGATIONS AND
ORGANIZATIONS.—
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1241
(1) None of the funds made available under title I of this
Act may be used to pay expenses for any United States delegation to any specialized agency, body, or commission of the
United Nations if such commission is chaired or presided over
by a country, the government of which the Secretary of State
has determined, for purposes of section 6(j)(1) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), supports
international terrorism.
(2) None of the funds made available under title I of this
Act may be used by the Secretary of State as a contribution
to any organization, agency, or program within the United
Nations system if such organization, agency, commission, or
program is chaired or presided over by a country, the government of which the Secretary of State has determined, for purposes of section 620A of the Foreign Assistance Act of 1961,
section 40 of the Arms Export Control Act, section 6(j)(1) of
the Export Administration Act of 1979, or any other provision
of law, is a government that has repeatedly provided support
for acts of international terrorism.
(3) The Secretary of State may waive the restrictions in
this subsection if the Secretary determines and reports to the
Committees on Appropriations that to do so is in the national
interest of the United States.
(c) UNITED NATIONS HUMAN RIGHTS COUNCIL.—Funds appropriated by this Act may be made available for voluntary contributions or payment of United States assessments in support of the
United Nations Human Rights Council if the Secretary of State
determines and reports to the Committees on Appropriations that
participation in the Council is in the national interest of the United
States: Provided, That the Secretary of State shall report to the
Committees on Appropriations not later than 30 days after the
date of enactment of this Act, and every 180 days thereafter until
September 30, 2012, on the resolutions considered in the United
Nations Human Rights Council.
(d) UNITED NATIONS RELIEF AND WORKS AGENCY.—The
reporting requirements regarding the United Nations Relief and
Works Agency contained in the joint explanatory statement accompanying the Supplemental Appropriations Act, 2009 (Public Law
111–32, House Report 111–151) under the heading ‘‘Migration and
Refugee Assistance’’ in title XI shall apply to funds made available
by this Act under such heading.
(e) UNITED NATIONS CAPITAL MASTER PLAN.—None of the funds
made available in this Act for the United Nations Capital Master
Plan may be used for the design, renovation, or construction of
the United Nations Headquarters in New York in excess of the
United States payment for the assessment agreed upon pursuant
to paragraph 10 of United Nations General Assembly Resolution
61/251.
(f) REPORTING REQUIREMENT.—Not later than 30 days after
enactment of this Act, the Secretary of State shall submit a report
to the Committees on Appropriation detailing the amount of funds
available for obligation or expenditure in fiscal year 2012 under
the headings ‘‘Contributions to International Organizations’’ and
‘‘International Organizations and Programs’’ that are withheld from
obligation or expenditure due to any provision of law: Provided,
That the Secretary of State shall update such report each time
additional funds are withheld by operation of any provision of
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Waiver authority.
Determination.
Reports.
Reports.
Deadline.
Applicability.
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125 STAT. 1242
PUBLIC LAW 112–74—DEC. 23, 2011
law: Provided further, That the reprogramming of any withheld
funds identified in such report, including updates thereof, shall
be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
Consultation.
Notification.
COMMUNITY-BASED POLICE ASSISTANCE
SEC. 7050. (a) AUTHORITY.—Funds made available by titles
III and IV of this Act to carry out the provisions of chapter 1
of part I and chapters 4 and 6 of part II of the Foreign Assistance
Act of 1961, may be used, notwithstanding section 660 of that
Act, to enhance the effectiveness and accountability of civilian police
authority through training and technical assistance in human
rights, the rule of law, anti-corruption, strategic planning, and
through assistance to foster civilian police roles that support democratic governance including assistance for programs to prevent conflict, respond to disasters, address gender-based violence, and foster
improved police relations with the communities they serve.
(b) NOTIFICATION.—Assistance provided under subsection (a)
shall be subject to the regular notification procedures of the
Committees on Appropriations.
ATTENDANCE AT INTERNATIONAL CONFERENCES
SEC. 7051. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than
50 employees of agencies or departments of the United States
Government who are stationed in the United States, at any single
international conference occurring outside the United States, unless
the Secretary of State reports to the Committees on Appropriations
at least 5 days in advance that such attendance is important
to the national interest: Provided, That for purposes of this section
the term ‘‘international conference’’ shall mean a conference
attended by representatives of the United States Government and
of foreign governments, international organizations, or nongovernmental organizations.
Deadline.
Definition.
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AIRCRAFT TRANSFER AND COORDINATION
Applicability.
Determination.
Reports.
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SEC. 7052. (a) TRANSFER AUTHORITY.—Notwithstanding any
other provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related programs under the headings ‘‘Diplomatic and Consular Programs’’,
‘‘International Narcotics Control and Law Enforcement’’, ‘‘Andean
Counterdrug Initiative’’ and ‘‘Andean Counterdrug Programs’’ may
be used for any other program and in any region, including for
the transportation of active and standby Civilian Response Corps
personnel and equipment during a deployment: Provided, That the
responsibility for policy decisions and justification for the use of
such transfer authority shall be the responsibility of the Secretary
of State and the Deputy Secretary of State and this responsibility
shall not be delegated.
(b) PROPERTY DISPOSAL.—The authority provided in subsection
(a) shall apply only after the Secretary of State determines and
reports to the Committees on Appropriations that the equipment
is no longer required to meet programmatic purposes in the designated country or region: Provided, That any such transfer shall
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1243
be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(c) AIRCRAFT COORDINATION.—
(1) The uses of aircraft purchased or leased by the Department of State and the United States Agency for International
Development (USAID) with funds made available in this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be coordinated under the authority of the appropriate Chief of Mission:
Provided, That such aircraft may be used to transport, on
a reimbursable or non-reimbursable basis, Federal and nonFederal personnel supporting Department of State and USAID
programs and activities: Provided further, That official travel
for other agencies for other purposes may be supported on
a reimbursable basis, or without reimbursement when traveling
on a space available basis.
(2) The requirement and authorities of this subsection shall
only apply to aircraft, the primary purpose of which is the
transportation of personnel.
Applicability.
PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN
GOVERNMENTS
SEC. 7053. The terms and conditions of section 7055 of division
F of Public Law 111–117 shall apply to this Act: Provided, That
the date ‘‘September 30, 2009’’ in subsection (f)(2)(B) shall be
deemed to be ‘‘September 30, 2011’’.
Applicability.
LANDMINES AND CLUSTER MUNITIONS
SEC. 7054. (a) LANDMINES.—Notwithstanding any other provision of law, demining equipment available to the United States
Agency for International Development and the Department of State
and used in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a grant
basis in foreign countries, subject to such terms and conditions
as the Secretary of State may prescribe.
(b) CLUSTER MUNITIONS.—No military assistance shall be furnished for cluster munitions, no defense export license for cluster
munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless—
(1) the submunitions of the cluster munitions, after arming,
do not result in more than 1 percent unexploded ordnance
across the range of intended operational environments; and
(2) the agreement applicable to the assistance, transfer,
or sale of such cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used
against clearly defined military targets and will not be used
where civilians are known to be present or in areas normally
inhabited by civilians.
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PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 7055. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the enactment
of this Act by the Congress: Provided, That not to exceed $25,000
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125 STAT. 1244
PUBLIC LAW 112–74—DEC. 23, 2011
may be made available to carry out the provisions of section 316
of Public Law 96–533.
LIMITATION ON RESIDENCE EXPENSES
SEC. 7056. Of the funds appropriated or made available pursuant to title II of this Act, not to exceed $100,500 shall be for
official residence expenses of the United States Agency for International Development during the current fiscal year: Provided, That
appropriate steps shall be taken to assure that, to the maximum
extent possible, United States-owned foreign currencies are utilized
in lieu of dollars.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
22 USC 3948
note.
22 USC 3948
note.
Expiration date.
22 USC 3948
note.
22 USC 3948
note.
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22 USC 3948
note.
Notification.
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SEC. 7057. (a) AUTHORITY.—Up to $93,000,000 of the funds
made available in title III of this Act to carry out the provisions
of part I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ‘‘Assistance for Europe, Eurasia
and Central Asia’’, may be used by the United States Agency
for International Development (USAID) to hire and employ individuals in the United States and overseas on a limited appointment
basis pursuant to the authority of sections 308 and 309 of the
Foreign Service Act of 1980.
(b) RESTRICTIONS.—
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in subsection
(a) shall expire on September 30, 2013.
(c) CONDITIONS.—The authority of subsection (a) should only
be used to the extent that an equivalent number of positions that
are filled by personal services contractors or other non-direct hire
employees of USAID, who are compensated with funds appropriated
to carry out part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’, are eliminated.
(d) PROGRAM ACCOUNT CHARGED.—The account charged for
the cost of an individual hired and employed under the authority
of this section shall be the account to which such individual’s
responsibilities primarily relate: Provided, That funds made available to carry out this section may be transferred to, and merged
with, funds appropriated by this Act in title II under the heading
‘‘Operating Expenses’’.
(e) FOREIGN SERVICE LIMITED EXTENSIONS.—Individuals hired
and employed by USAID, with funds made available in this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs, pursuant to the authority
of section 309 of the Foreign Service Act of 1980, may be extended
for a period of up to 4 years notwithstanding the limitation set
forth in such section.
(f) DISASTER SURGE CAPACITY.—Funds appropriated under title
III of this Act to carry out part I of the Foreign Assistance Act
of 1961, including funds appropriated under the heading ‘‘Assistance
for Europe, Eurasia and Central Asia’’, may be used, in addition
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125 STAT. 1245
to funds otherwise available for such purposes, for the cost
(including the support costs) of individuals detailed to or employed
by USAID whose primary responsibility is to carry out programs
in response to natural disasters, or man-made disasters subject
to the regular notification procedures of the Committees on Appropriations.
(g) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part II,
and section 667 of the Foreign Assistance Act of 1961, and title
II of the Agricultural Trade Development and Assistance Act of
1954, may be used by USAID to employ up to 40 personal services
contractors in the United States, notwithstanding any other provision of law, for the purpose of providing direct, interim support
for new or expanded overseas programs and activities managed
by the agency until permanent direct hire personnel are hired
and trained: Provided, That not more than 15 of such contractors
shall be assigned to any bureau or office: Provided further, That
such funds appropriated to carry out title II of the Agricultural
Trade Development and Assistance Act of 1954, may be made
available only for personal services contractors assigned to the
Office of Food for Peace.
(h) SMALL BUSINESS.—In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, USAID
may provide an exception to the fair opportunity process for placing
task orders under such contracts when the order is placed with
any category of small or small disadvantaged business.
(i) SENIOR FOREIGN SERVICE LIMITED APPOINTMENTS.—Individuals hired pursuant to the authority provided by section 7059(o)
of division F of Public Law 111–117 may be assigned to or support
programs in Iraq, Afghanistan, or Pakistan with funds made available in this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs.
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GLOBAL HEALTH ACTIVITIES
SEC. 7058. (a) IN GENERAL.—Funds appropriated by titles III
and IV of this Act that are made available for bilateral assistance
for child survival activities or disease programs including activities
relating to research on, and the prevention, treatment and control
of, HIV/AIDS may be made available notwithstanding any other
provision of law except for provisions under the heading ‘‘Global
Health Programs’’ and the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22
U.S.C. 7601 et seq.), as amended: Provided, That of the funds
appropriated under title III of this Act, not less than $575,000,000
should be made available for family planning/reproductive health,
including in areas where population growth threatens biodiversity
or endangered species.
(b) GLOBAL HEALTH MANAGEMENT.—
(1) Not later than 180 days after enactment of this Act,
the Secretary of State, in consultation with the Administrator
of the United States Agency for International Development
(USAID), shall submit to the Committees on Appropriations
an analysis of short and long-term costs, to include potential
cost savings or increases, associated with transitioning the
function, role, and duties of the Office of the United States
Global AIDS Coordinator into USAID: Provided, That such
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Reports.
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Determination.
Reports.
President.
Determination.
Reports.
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report shall also assess any programmatic advantages and disadvantages, including the ability to achieve results, of making
such a transition.
(2)(A) Not later than 45 days after enactment of this Act,
the Secretary of State, in consultation with the Administrator
of the United States Agency for International Development
(USAID), shall submit to the Committees on Appropriations
a report on the status of the Quadrennial Diplomacy and
Development Review (QDDR) decision to transition the leadership of the Global Health Initiative (GHI) to USAID, to include
the following—
(i) the metrics developed to measure progress in
meeting each benchmark enumerated in Appendix 2 of
the QDDR and the method utilized to develop such metrics;
and
(ii) the status of, and estimated completion date for,
meeting each benchmark.
(B) Within 90 days of submitting the initial report required
by subparagraph (A), and each 90 days thereafter until the
GHI transition is completed, an update shall be provided to
the Committees on Appropriations on the status of meeting
each benchmark: Provided, That if as part of any such update
it is determined that the QDDR target date of September
2012 will not be met, the Secretary of State, in consultation
with the USAID Administrator, shall submit a detailed explanation of the delay and a revised target date for the transition
to be completed.
(c) GLOBAL FUND REFORMS.—
(1) Of funds appropriated by this Act that are available
for a contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund), 10 percent should be withheld from obligation until the Secretary of State determines
and reports to the Committees on Appropriations that—
(A) the Global Fund is maintaining and implementing
a policy of transparency, including the authority of the
Global Fund Office of the Inspector General (OIG) to publish OIG reports on a public Web site;
(B) the Global Fund is providing sufficient resources
to maintain an independent OIG that—
(i) reports directly to the Board of the Global Fund;
(ii) maintains a mandate to conduct thorough
investigations and programmatic audits, free from
undue interference; and
(iii) compiles regular, publicly published audits and
investigations of financial, programmatic, and
reporting aspects of the Global Fund, its grantees,
recipients, sub-recipients, and Local Fund Agents; and
(C) the Global Fund maintains an effective whistleblower policy to protect whistleblowers from retaliation,
including confidential procedures for reporting possible misconduct or irregularities.
(2) The withholding required by this subsection shall not
be in addition to funds that are withheld from the Global
Fund in fiscal year 2012 pursuant to the application of any
other provision contained in this or any other Act.
(d) PANDEMIC RESPONSE.—If the President determines and
reports to the Committees on Appropriations that a pandemic virus
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1247
is efficient and sustained, severe, and is spreading internationally,
funds made available under titles III, IV, and VIII in this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs may be made available
to combat such virus: Provided, That funds made available pursuant
to the authority of this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees
on Appropriations.
Consultation.
Notification.
PROHIBITION ON PROMOTION OF TOBACCO
SEC. 7059. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country
of restrictions on the marketing of tobacco or tobacco products,
except for restrictions which are not applied equally to all tobacco
or tobacco products of the same type.
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PROGRAMS TO PROMOTE GENDER EQUALITY
SEC. 7060. (a) Programs funded under title III of this Act
shall include, where appropriate, efforts to improve the status of
women, including through gender considerations in the planning,
assessment, implementation, monitoring and evaluation of such
programs.
(b) Funds appropriated under title III of this Act shall be
made available to support programs to expand economic opportunities for poor women in developing countries, including increasing
the number and capacity of women-owned enterprises, improving
property rights for women, increasing women’s access to financial
services and capital, enhancing the role of women in economic
decisionmaking at the local, national and international levels, and
improving women’s ability to participate in the global economy.
(c) Funds appropriated under title III of this Act shall be
made available to increase political opportunities for women,
including strengthening protections for women’s personal status,
increasing women’s participation in elections, and enhancing
women’s positions in government and role in government decisionmaking.
(d) Funds appropriated under in title III of this Act for food
security and agricultural development shall take into consideration
the unique needs of women, and technical assistance for women
farmers should be a priority.
(e) The Secretary of State, in consultation with the heads
of other relevant Federal agencies, shall develop a National Action
Plan in accordance with United Nations Security Council Resolution
1325 (adopted on October 31, 2000) to ensure the United States
effectively promotes and supports the rights and roles of women
in conflict-affected and post-conflict regions through clear, measurable commitments to—
(1) promote the active and meaningful participation of
women in affected areas in all aspects of conflict prevention,
management, and resolution;
(2) integrate the perspectives and interests of affected
women into conflict-prevention activities and strategies;
(3) promote the physical safety, economic security, and
dignity of women and girls;
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National Action
Plan.
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PUBLIC LAW 112–74—DEC. 23, 2011
(4) support women’s equal access to aid distribution mechanisms and services; and
(5) monitor, analyze and evaluate implementation efforts
and their impact.
(f) The Department of State and the United States Agency
for International Development shall fully integrate gender into all
diplomatic and development efforts through the inclusion of gender
in strategic planning and budget allocations, and the development
of indicators and evaluation mechanisms to measure the impact
of United States policies and programs on women and girls in
foreign countries.
GENDER-BASED VIOLENCE
SEC. 7061. (a) Funds appropriated under the headings ‘‘Global
Health Programs’’, ‘‘Development Assistance’’, ‘‘Economic Support
Fund’’, and ‘‘International Narcotics Control and Law Enforcement’’
in this Act shall be made available for gender-based violence prevention and response efforts, and funds appropriated under the
headings ‘‘International Disaster Assistance’’, ‘‘Complex Crises
Fund’’, and ‘‘Migration and Refugee Assistance’’ should be made
available for such efforts.
(b) Programs and activities funded under titles III and IV
of this Act to train foreign police, judicial, and military personnel,
including for international peacekeeping operations, shall address,
where appropriate, prevention and response to gender-based
violence and trafficking in persons.
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SECTOR ALLOCATIONS
SEC. 7062. (a) BASIC AND HIGHER EDUCATION.—
(1) BASIC EDUCATION.—
(A) Of the funds appropriated by title III of this Act,
not less than $800,000,000 shall be made available for
assistance for basic education, of which not less than
$288,000,000 should be made available under the heading
‘‘Development Assistance’’.
(B) The United States Agency for International
Development shall ensure that programs supported with
funds appropriated for basic education in this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs are
integrated, when appropriate, with health, agriculture,
governance, and economic development activities to address
the economic and social needs of the broader community.
(C) Funds appropriated by title III of this Act for
basic education may be made available for a contribution
to the Global Partnership for Education.
(2) HIGHER EDUCATION.—Of the funds appropriated by title
III of this Act, not less than $200,000,000 shall be made available for assistance for higher education, of which $25,000,000
shall be to support such programs in Africa, including for
partnerships between higher education institutions in Africa
and the United States.
(b) DEVELOPMENT GRANTS PROGRAM.—Of the funds appropriated in title III of this Act, not less than $45,000,000 shall
be made available for the Development Grants Program established
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1249
pursuant to section 674 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division
J of Public Law 110–161), primarily for unsolicited proposals, to
support grants of not more than $2,000,000 to small nongovernmental organizations: Provided, That funds made available under
this subsection are in addition to other funds available for such
purposes including funds designated by this Act by subsection (f).
(c) ENVIRONMENT PROGRAMS.—
(1) IN GENERAL.—Of the funds appropriated by this Act,
not less than $1,250,000,000 should be made available for programs and activities to protect the environment.
(2) CLEAN ENERGY PROGRAMS.—The limitation in section
7081(b) of division F of Public Law 111–117 shall continue
in effect during fiscal year 2012 as if part of this Act: Provided,
That the proviso contained in such section shall not apply.
(3) ADAPTATION PROGRAMS.—Funds appropriated by this
Act may be made available for United States contributions
to the Least Developed Countries Fund and the Special Climate
Change Fund to support adaptation programs and activities.
(4) TROPICAL FOREST PROGRAMS.—Funds appropriated
under title III of this Act for tropical forest programs shall
be used to protect biodiversity, and shall not be used to support
or promote the expansion of industrial scale logging into primary tropical forests: Provided, That funds that are available
for the Central African Regional Program for the Environment
and other tropical forest programs in the Congo Basin for
the United States Fish and Wildlife Service (USFWS) shall
be apportioned directly to the USFWS: Provided further, That
funds made available for the Department of the Interior (DOI)
for programs in the Guatemala Mayan Biosphere Reserve shall
be apportioned directly to the DOI.
(5) AUTHORITY.—Funds appropriated by this Act to carry
out the provisions of sections 103 through 106, and chapter
4 of part II, of the Foreign Assistance Act of 1961 may be
used, notwithstanding any other provision of law except for
the provisions of this section and subject to the regular notification procedures of the Committees on Appropriations, to support
environment programs.
(6) CONSULTATION.—Funds made available pursuant to this
subsection are subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
(7) EXTRACTION OF NATURAL RESOURCES.—
(A) Funds appropriated by this Act shall be made
available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section 8204 of Public Law 110–246 and the Kimberley Process
Certification Scheme, and providing technical assistance
to promote independent audit mechanisms and support
civil society participation in natural resource management.
(B)(i) The Secretary of the Treasury shall inform the
managements of the international financial institutions and
post on the Department of the Treasury’s Web site that
it is the policy of the United States to vote against any
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Extension.
Notification.
Notification.
Web posting.
PUBL074
125 STAT. 1250
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22 USC 7909
note.
Consultation.
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PUBLIC LAW 112–74—DEC. 23, 2011
assistance by such institutions (including but not limited
to any loan, credit, grant, or guarantee) for the extraction
and export of a natural resource if the government of
the country has in place laws or regulations to prevent
or limit the public disclosure of company payments as
required by section 1504 of Public Law 111–203, and unless
such government has in place functioning systems in the
sector in which assistance is being considered for:
(I) accurately accounting for and public disclosure
of payments to the host government by companies
involved in the extraction and export of natural
resources;
(II) the independent auditing of accounts receiving
such payments and public disclosure of the findings
of such audits; and
(III) public disclosure of such documents as Host
Government Agreements, Concession Agreements, and
bidding documents, allowing in any such dissemination
or disclosure for the redaction of, or exceptions for,
information that is commercially proprietary or that
would create competitive disadvantage.
(ii) The requirements of subparagraph (i) shall not
apply to assistance for the purpose of building the capacity
of such government to meet the requirements of this paragraph.
(C) The Secretary of the Treasury or the Secretary
of State, as appropriate, shall instruct the United States
executive director of each international financial institution
and the United States representatives to all forest-related
multilateral financing mechanisms and processes, that it
is the policy of the United States to vote against the expansion of industrial scale logging into primary tropical forests.
(8) CONTINUATION OF PRIOR LAW.—Section 7081(g)(2) and
(4) of division F of Public Law 111–117 shall continue in effect
during fiscal year 2012 as if part of this Act.
(d) FOOD SECURITY AND AGRICULTURE DEVELOPMENT.—Of the
funds appropriated by title III of this Act, $1,170,000,000 should
be made available for food security and agriculture development
programs, of which $31,500,000 shall be made available for Collaborative Research Support Programs: Provided, That such funds may
be made available notwithstanding any other provision of law to
address food shortages, and may be made available for a United
States contribution to the endowment of the Global Crop Diversity
Trust pursuant to section 3202 of Public Law 110–246.
(e) MICROENTERPRISE AND MICROFINANCE.—Of the funds appropriated by this Act, not less than $265,000,000 should be made
available for microenterprise and microfinance development programs for the poor, especially women.
(f) RECONCILIATION PROGRAMS.—(1) Of the funds appropriated
by title III of this Act under the headings ‘‘Economic Support
Fund’’ and ‘‘Development Assistance’’, $26,000,000 shall be made
available to support people-to-people reconciliation programs which
bring together individuals of different ethnic, religious and political
backgrounds from areas of civil strife and war, of which $10,000,000
shall be made available for such programs in the Middle East:
Provided, That the Administrator of the United States Agency
for International Development shall consult with the Committees
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1251
on Appropriations, prior to the initial obligation of funds, on the
uses of such funds.
(2) Of the funds appropriated by title III of this Act under
the headings ‘‘Economic Support Fund’’ and ‘‘Development Assistance’’, $10,000,000 should be made available for a ‘‘New Generation
in the Middle East’’ initiative to build understanding, tolerance,
and mutual respect among the next generation of Israeli and Palestinian leaders.
(g) TRAFFICKING IN PERSONS.—Of the funds appropriated by
this Act under the headings ‘‘Development Assistance’’, ‘‘Economic
Support Fund’’, ‘‘International Narcotics Control and Law Enforcement’’, and ‘‘Assistance for Europe, Eurasia and Central Asia’’ not
less than $36,000,000 shall be made available for activities to
combat trafficking in persons internationally.
(h) WATER.—Of the funds appropriated by this Act, not less
than $315,000,000 shall be made available for water and sanitation
supply projects pursuant to the Senator Paul Simon Water for
the Poor Act of 2005 (Public Law 109–121).
(i) WOMEN’S LEADERSHIP CAPACITY.—Of the funds appropriated
by title III of this Act, not less than $20,000,000 shall be made
available for programs to improve women’s leadership capacity in
recipient countries.
(j) NOTIFICATION REQUIREMENTS.—Authorized deviations from
funding levels contained in this section shall be subject to the
regular notification procedures of the Committees on Appropriations.
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CENTRAL ASIA
SEC. 7063. The terms and conditions of sections 7075(a) through
(d) and 7076(a) through (e) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2009 (division H of Public Law 111–8) shall apply to funds appropriated
by this Act, except that the Secretary of State may waive the
application of section 7076(a) for a period of not more than 6
months and every 6 months thereafter until September 30, 2013,
if the Secretary certifies to the Committees on Appropriations that
the waiver is in the national security interest and necessary to
obtain access to and from Afghanistan for the United States, and
the waiver includes an assessment of progress, if any, by the
Government of Uzbekistan in meeting the requirements in section
7076(a): Provided, That the Secretary of State, in consultation with
the Secretary of Defense, shall submit a report to the Committees
on Appropriations not later than 180 days after enactment of this
Act and 12 months thereafter, on all United States Government
assistance provided to the Government of Uzbekistan and expenditures made in support of the Northern Distribution Network in
Uzbekistan, including any credible information that such assistance
or expenditures are being diverted for corrupt purposes: Provided
further, That information provided in the report required by the
previous proviso may be provided in a classified annex and such
annex shall indicate the basis for such classification: Provided further, That for the purposes of the application of section 7075(c)
to this Act, the report shall be submitted not later than October
1, 2012, and for the purposes of the application of section 7076(e)
to this Act, the term ‘‘assistance’’ shall not include expanded international military education and training.
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Applicability.
Waiver authority.
Time periods.
Termination
date.
Certification.
Afghanistan.
Reports.
Deadline.
Reports.
Deadline.
PUBL074
125 STAT. 1252
PUBLIC LAW 112–74—DEC. 23, 2011
REQUESTS FOR DOCUMENTS
SEC. 7064. None of the funds appropriated or made available
pursuant to titles III through VI of this Act shall be available
to a nongovernmental organization, including any contractor, which
fails to provide upon timely request any document, file, or record
necessary to the auditing requirements of the United States Agency
for International Development.
OVERSEAS PRIVATE INVESTMENT CORPORATION
(INCLUDING TRANSFER OF FUNDS)
President.
Determination.
Notification.
Extension.
22 USC 2194
note.
SEC. 7065. (a) Whenever the President determines that it is
in furtherance of the purposes of the Foreign Assistance Act of
1961, up to a total of $20,000,000 of the funds appropriated under
title III of this Act may be transferred to, and merged with, funds
appropriated by this Act for the Overseas Private Investment Corporation Program Account, to be subject to the terms and conditions
of that account: Provided, That such funds shall not be available
for administrative expenses of the Overseas Private Investment
Corporation: Provided further, That designated funding levels in
this Act shall not be transferred pursuant to this section: Provided
further, That the exercise of such authority shall be subject to
the regular notification procedures of the Committees on Appropriations.
(b) Notwithstanding section 235(a)(2) of the Foreign Assistance
Act of 1961, the authority of subsections (a) through (c) of section
234 of such Act shall remain in effect until September 30, 2012.
INTERNATIONAL PRISON CONDITIONS
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Deadline.
Reports.
Public
information.
Web posting.
SEC. 7066. (a) Not later than 180 days after enactment of
this Act, the Secretary of State shall submit to the Committees
on Appropriations a report, which shall also be made publicly
available including on the Department of State’s Web site,
describing—
(1) conditions in prisons and other detention facilities in
at least 25 countries whose governments receive United States
assistance and which the Secretary determines raise serious
human rights or humanitarian concerns; and
(2) the extent to which such governments are taking steps
to eliminate such conditions.
(b) For purposes of each determination made pursuant to subsection (a), the Secretary shall consider the criteria listed in section
7085(b) (1) through (10) of division F of Public Law 111–117.
(c) Funds appropriated by this Act to carry out the provisions
of chapters 1 and 11 of part I and chapter 4 of part II of the
Foreign Assistance Act of 1961, and the Support for East European
Democracy (SEED) Act of 1989, shall be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961, for
assistance to eliminate inhumane conditions in foreign prisons and
other detention facilities.
PROHIBITION ON USE OF TORTURE
SEC. 7067. (a) None of the funds made available in this Act
may be used to support or justify the use of torture, cruel or
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1253
inhumane treatment by any official or contract employee of the
United States Government.
(b) Funds appropriated by this Act to carry out the provisions
of chapters 1, 10, 11, and 12 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961, and the Support for
East European Democracy (SEED) Act of 1989, shall be made
available, notwithstanding section 660 of the Foreign Assistance
Act of 1961, for assistance to eliminate torture by foreign police,
military or other security forces in countries receiving assistance
from funds appropriated by this Act that are identified in the
Department of State’s most recent Country Reports on Human
Rights Practices.
EXTRADITION
SEC. 7068. (a) None of the funds appropriated in this Act
may be used to provide assistance (other than funds provided under
the headings ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Migration and Refugee Assistance’’, ‘‘Emergency Migration
and Refugee Assistance’’, and ‘‘Nonproliferation, Anti-terrorism,
Demining and Related Assistance’’) for the central government of
a country which has notified the Department of State of its refusal
to extradite to the United States any individual indicted for a
criminal offense for which the maximum penalty is life imprisonment without the possibility of parole or for killing a law enforcement officer, as specified in a United States extradition request.
(b) Subsection (a) shall only apply to the central government
of a country with which the United States maintains diplomatic
relations and with which the United States has an extradition
treaty and the government of that country is in violation of the
terms and conditions of the treaty.
(c) The Secretary of State may waive the restriction in subsection (a) on a case-by-case basis if the Secretary certifies to
the Committees on Appropriations that such waiver is important
to the national interests of the United States.
Applicability.
Waiver authority.
Certification.
COMMERCIAL LEASING OF DEFENSE ARTICLES
SEC. 7069. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the Committees
on Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt
and NATO and major non-NATO allies for the procurement by
leasing (including leasing with an option to purchase) of defense
articles from United States commercial suppliers, not including
Major Defense Equipment (other than helicopters and other types
of aircraft having possible civilian application), if the President
determines that there are compelling foreign policy or national
security reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale
under such Act.
Notification.
President.
Determination.
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INDEPENDENT STATES OF THE FORMER SOVIET UNION
SEC. 7070. (a) None of the funds appropriated under the
heading ‘‘Assistance for Europe, Eurasia and Central Asia’’ shall
be made available for assistance for a government of an Independent
State of the former Soviet Union if that government directs any
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Determinations.
PUBL074
125 STAT. 1254
PUBLIC LAW 112–74—DEC. 23, 2011
action in violation of the territorial integrity or national sovereignty
of any other Independent State of the former Soviet Union, such
as those violations included in the Helsinki Final Act: Provided,
That such funds may be made available without regard to the
restriction in this subsection if the President determines that to
do so is in the national security interest of the United States.
(b)(1) Of the funds appropriated under the heading ‘‘Assistance
for Europe, Eurasia and Central Asia’’ that are allocated for assistance for the Government of the Russian Federation, 60 percent
shall be withheld from obligation until the President determines
and certifies in writing to the Committees on Appropriations that
the Government of the Russian Federation—
(A) has terminated implementation of arrangements to provide Iran with technical expertise, training, technology, or
equipment necessary to develop a nuclear reactor, related
nuclear research facilities or programs, or ballistic missile capability; and
(B) is providing full access to international non-government
organizations providing humanitarian relief to refugees and
internally displaced persons in Chechnya.
(2) Paragraph (1) shall not apply to—
(A) assistance to combat infectious diseases, child survival
activities, or assistance for victims of trafficking in persons;
and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM
Support Act.
(c) Section 907 of the FREEDOM Support Act shall not apply
to—
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of
Public Law 104–201 or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within
his or her official capacity;
(4) any insurance, reinsurance, guarantee or other assistance provided by the Overseas Private Investment Corporation
under title IV of chapter 2 of part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank
Act of 1945; or
(6) humanitarian assistance.
INTERNATIONAL MONETARY FUND
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SEC. 7071. (a) The terms and conditions of sections 7086(b)
(1) and (2) and 7090(a) of division F of Public Law 111–117 shall
apply to this Act.
(b) The Secretary of the Treasury shall instruct the United
States Executive Director of the International Monetary Fund (IMF)
to seek to ensure that any loan will be repaid to the IMF before
other private creditors.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1255
(c) The Secretary of the Treasury shall seek to ensure that
the IMF is implementing best practices for the protection of whistleblowers from retaliation, including best practices for legal burdens
of proof, access to independent adjudicative bodies, results that
eliminate the effects of retaliation, and statutes of limitation for
reporting retaliation.
REPRESSION IN THE RUSSIAN FEDERATION
SEC. 7072. (a) None of the funds appropriated under the
heading ‘‘Assistance for Europe, Eurasia and Central Asia’’ in this
Act may be made available for the Government of the Russian
Federation, after 180 days from the date of the enactment of this
Act, unless the Secretary of State certifies to the Committees on
Appropriations that the Government of the Russian Federation:
(1) has implemented no statute, Executive order, regulation
or similar government action that would discriminate, or which
has as its principal effect discrimination, against religious
groups or religious communities in the Russian Federation
in violation of accepted international agreements on human
rights and religious freedoms to which the Russian Federation
is a party;
(2) is honoring its international obligations regarding
freedom of expression, assembly, and press, as well as due
process;
(3) is investigating and prosecuting law enforcement personnel credibly alleged to have committed human rights abuses
against political leaders, activists and journalists; and
(4) is immediately releasing political leaders, activists and
journalists who remain in detention.
(b) The Secretary of State may waive the requirements of
subsection (a) if the Secretary determines that to do so is important
to the national interests of the United States.
Time period.
Certification.
Waiver authority.
Determination.
PROHIBITION ON FIRST-CLASS TRAVEL
SEC. 7073. None of the funds made available in this Act may
be used for first-class travel by employees of agencies funded by
this Act in contravention of sections 301–10.122 through 301–10.124
of title 41, Code of Federal Regulations.
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DISABILITY PROGRAMS
SEC. 7074. Funds appropriated by this Act under the heading
‘‘Economic Support Fund’’ shall be made available for programs
and activities administered by the United States Agency for International Development to address the needs and protect and promote
the rights of people with disabilities in developing countries,
including initiatives that focus on independent living, economic
self-sufficiency, advocacy, education, employment, transportation,
sports, and integration of individuals with disabilities, including
for the cost of translation, and shall also be made available to
support disability advocacy organizations to provide training and
technical assistance for disabled persons organizations in such countries: Provided, That of the funds made available by this section,
up to 7 percent may be for management, oversight, and technical
support.
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125 STAT. 1256
PUBLIC LAW 112–74—DEC. 23, 2011
ENTERPRISE FUNDS
SEC. 7075. (a) Prior to the distribution of any assets resulting
from any liquidation, dissolution, or winding up of an Enterprise
Fund, in whole or in part, the President shall submit to the Committees on Appropriations, in accordance with the regular notification
procedures of the Committees on Appropriations, a plan for the
distribution of the assets of the Enterprise Fund.
(b) Funds made available under titles III through VI of this
Act for Enterprise Funds shall be expended at the minimum rate
necessary to make timely payment for projects and activities and
no such funds may be available except through the regular notification procedures of the Committees on Appropriations.
President.
Notifications.
Distribution
plan.
CONSULAR AFFAIRS
Visas.
Foreign
countries.
Determination.
Reports.
SEC. 7076. (a) The Secretary of State shall implement the
necessary steps, including hiring a sufficient number of consular
officers to include limited non-career appointment officers, in the
People’s Republic of China, Brazil, and India to reduce the wait
time to interview visa applicants who have submitted applications.
(b) The Secretary of State shall conduct a risk and benefit
analysis regarding the extension of the expiration period for B–
1 or B–2 visas for visa applicants before requiring a consular
officer interview and, unless such analysis finds that risks outweigh
benefits, develop a plan to extend such expiration period in a
manner consistent with maintaining security controls.
(c) The Secretary of State may develop and conduct a pilot
program for the processing of B–1 and B–2 visas using secure
remote videoconferencing technology as a method for conducting
visa interviews of applicants: Provided, That any such pilot should
be developed in consultation with other Federal agencies that use
such secure communications to help ensure security of the
videoconferencing transmission and encryption: Provided further,
That no pilot program should be conducted if the Secretary determines and reports to the Committees on Appropriations that such
program poses an undue security risk and that it cannot be conducted in a manner consistent with maintaining security controls.
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PROCUREMENT REFORM
Consultation.
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SEC. 7077. (a) LOCAL COMPETITION.—Notwithstanding any
other provision of law, the Administrator of the United States
Agency for International Development (USAID) may, with funds
made available in this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related programs, award contracts and other acquisition instruments in which
competition is limited to local entities if doing so would result
in cost savings, develop local capacity, or enable the USAID
Administrator to initiate a program or activity in appreciably less
time than if competition were not so limited: Provided, That the
authority provided in this section may not be used to make awards
in excess of $5,000,000 and shall not exceed more than 10 percent
of the funds made available to USAID under this Act for assistance
programs: Provided further, That such authority shall be available
to support a pilot program with such funds: Provided further, That
the USAID Administrator shall consult with the Committees on
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1257
Appropriations and relevant congressional committees on the
results of such pilot program.
(b) For the purposes of this section, local entity means an
individual, a corporation, a nonprofit organization, or another body
of persons that—
(1) is legally organized under the laws of;
(2) has as its principal place of business or operations
in; and
(3) either is—
(A) majority owned by individuals who are citizens
or lawful permanent residents of; or
(B) managed by a governing body the majority of whom
are citizens or lawful permanent residents of;
a country receiving assistance from funds appropriated under
title III of this Act.
(c) For purposes of this section, ‘‘majority owned’’ and ‘‘managed
by’’ include, without limitation, beneficiary interests and the power,
either directly or indirectly, whether exercised or exercisable, to
control the election, appointment, or tenure of the organization’s
managers or a majority of the organization’s governing body by
any means.
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OPERATING AND SPEND PLANS
SEC. 7078. (a) OPERATING PLANS.—Not later than 30 days after
the date of enactment of this Act, each department, agency or
organization funded in titles I and II, and the Department of
the Treasury and Independent Agencies funded in title III of this
Act shall submit to the Committees on Appropriations an operating
plan for funds appropriated to such department, agency, or
organization in such titles of this Act, or funds otherwise available
for obligation in fiscal year 2012, that provides details of the use
of such funds at the program, project, and activity level.
(b) SPEND PLANS.—Prior to the initial obligation of funds, the
Secretary of State, in consultation with the Administrator of the
United States Agency for International Development, shall submit
to the Committees on Appropriations a detailed spend plan for
the following—
(1) funds appropriated under the heading ‘‘Democracy
Fund’’;
(2) funds made available in titles III and IV of this Act
for assistance for Iraq, Haiti, Colombia, and Mexico, for the
Caribbean Basin Security Initiative, and for the Central American Regional Security Initiative;
(3) funds made available for assistance for countries or
programs and activities referenced in—
(A) section 7040;
(B) section 7041(a), (e), (f), and (i);
(C) section 7043(b);
(D) section 7046(a) and (c); and
(4) funds appropriated in title III for food security and
agriculture development programs and for environment programs.
(c) NOTIFICATIONS.—The spend plans referenced in subsection
(b) shall not be considered as meeting the notification requirements
under section 7015 of this Act or under section 634A of the Foreign
Assistance Act of 1961.
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125 STAT. 1258
PUBLIC LAW 112–74—DEC. 23, 2011
RESCISSIONS
Consultation.
Deadline.
SEC. 7079. (a) Of the funds appropriated in prior Acts making
appropriations for the Department of State, foreign operations, and
related programs under the heading ‘‘Diplomatic and Consular Programs’’, $13,700,000 are rescinded, of which $8,000,000 shall be
from funds for Worldwide Security Protection: Provided, That no
amounts may be rescinded from amounts that were designated
by Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
(b) Of the unexpended balances available under the heading
‘‘Export and Investment Assistance, Export-Import Bank of the
United States, Subsidy Appropriation’’ from prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, $400,000,000 are rescinded.
(c) Of the unexpended balances available to the President for
bilateral economic assistance under the heading ‘‘Economic Support
Fund’’ from prior Acts making appropriations for the Department
of State, foreign operations, and related programs, $100,000,000
are rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
(d) The Secretary of State, as appropriate, shall consult with
the Committees on Appropriations at least 15 days prior to implementing the rescissions made in this section.
SPECIAL DEFENSE ACQUISITION FUND
(INCLUDING LIMITATION ON OBLIGATIONS)
Concurrence.
SEC. 7080. (a) TRANSFER.—Of the funds made available pursuant to the last proviso in the second paragraph under the heading
‘‘Foreign Military Financing Program’’ in this Act, up to
$100,000,000 of such funds may be transferred to the Special
Defense Acquisition Fund pursuant to section 51 of the Arms Export
Control Act.
(b) LIMITATION ON OBLIGATIONS.—Not to exceed $100,000,000
may be obligated pursuant to section 51(c)(2) of the Arms Export
Control Act for the purposes of the Special Defense Acquisition
Fund (Fund), to remain available for obligation until September
30, 2015: Provided, That the provision of defense articles and
defense services to foreign countries or international organizations
from the Fund shall be subject to the concurrence of the Secretary
of State.
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AUTHORITY FOR CAPITAL INCREASES
SEC. 7081. (a) INTERNATIONAL BANK FOR RECONSTRUCTION AND
DEVELOPMENT.—The Bretton Woods Agreements Act, as amended
(22 U.S.C. 286 et seq.), is further amended by adding at the end
thereof the following new sections:
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1259
‘‘SEC. 69. ACCEPTANCE OF AN AMENDMENT TO THE ARTICLES OF
AGREEMENT OF THE BANK TO INCREASE BASIC VOTES.
22 USC 286uu.
‘‘The United States Governor of the Bank may accept on behalf
of the United States the amendment to the Articles of Agreement
of the Bank as proposed in resolution No. 596, entitled ‘Enhancing
Voice and Participation of Developing and Transition Countries,’
of the Board of Governors of the Bank that was approved by
such Board on January 30, 2009.
‘‘SEC. 70. CAPITAL STOCK INCREASES.
22 USC 286vv.
‘‘(a) INCREASES AUTHORIZED.—The United States Governor of
the Bank is authorized—
‘‘(1)(A) to vote in favor of a resolution to increase the
capital stock of the Bank on a selective basis by 230,374 shares;
and
‘‘(B) to subscribe on behalf of the United States to 38,459
additional shares of the capital stock of the Bank, as part
of the selective increase in the capital stock of the Bank, except
that any subscription to such additional shares shall be effective
only to such extent or in such amounts as are provided in
advance in appropriations Acts;
‘‘(2)(A) to vote in favor of a resolution to increase the
capital stock of the Bank on a general basis by 484,102 shares;
and
‘‘(B) to subscribe on behalf of the United States to 81,074
additional shares of the capital stock of the Bank, as part
of the general increase in the capital stock of the Bank, except
that any subscription to such additional shares shall be effective
only to such extent or in such amounts as are provided in
advance in appropriations Acts.
‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) In order to pay for the increase in the United States
subscription to the Bank under subsection (a)(2)(B), there are
authorized to be appropriated, without fiscal year limitation,
$9,780,361,991 for payment by the Secretary of the Treasury.
‘‘(2) Of the amount authorized to be appropriated under
paragraph (2)(A)—
‘‘(A) $586,821,720 shall be for paid in shares of the
Bank; and
‘‘(B) $9,193,540,271 shall be for callable shares of the
Bank.’’.
(b) INTERNATIONAL FINANCE CORPORATION.—The International
Finance Corporation Act, Public Law 84–350, as amended (22 U.S.C.
282 et seq.), is further amended by adding at the end thereof
the following new section:
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‘‘SEC. 17. SELECTIVE CAPITAL INCREASE AND AMENDMENT OF THE
ARTICLES OF AGREEMENT.
22 USC 282o.
‘‘(a) VOTE AUTHORIZED.—The United States Governor of the
Corporation is authorized to vote in favor of a resolution to increase
the capital stock of the Corporation by $130,000,000.
‘‘(b) AMENDMENT OF THE ARTICLES OF AGREEMENT.—The United
States Governor of the Corporation is authorized to agree to and
accept an amendment to Article IV, Section 3(a) of the Articles
of Agreement of the Corporation that achieves an increase in basic
votes to 5.55 percent of total votes.’’.
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125 STAT. 1260
PUBLIC LAW 112–74—DEC. 23, 2011
(c) INTER-AMERICAN DEVELOPMENT BANK.—The Inter-American
Development Bank Act, Public Law 86–147, as amended (22 U.S.C.
283 et seq.), is further amended by adding at the end thereof
the following new section:
22 USC 283z–13.
‘‘SEC. 41. NINTH CAPITAL INCREASE.
‘‘(a) VOTE AUTHORIZED.—The United States Governor of the
Bank is authorized to vote in favor of a resolution to increase
the capital stock of the Bank by $70,000,000,000 as described in
Resolution AG–7/10, ‘Report on the Ninth General Capital Increase
in the resources of the Inter-American Development Bank’ as
approved by Governors on July 21, 2010.
‘‘(b) SUBSCRIPTION AUTHORIZED.—
‘‘(1) The United States Governor of the Bank may subscribe
on behalf of the United States to 1,741,135 additional shares
of the capital stock of the Bank.
‘‘(2) Any subscription by the United States to the capital
stock of the Bank shall be effective only to such extent and
in such amounts as are provided in advance in appropriations
Acts.
‘‘(c) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) In order to pay for the increase in the United States
subscription to the Bank under subsection (b), there are authorized to be appropriated, without fiscal year limitation,
$21,004,064,337 for payment by the Secretary of the Treasury.
‘‘(2) Of the amount authorized to be appropriated under
paragraph (1)—
‘‘(A) $510,090,175 shall be for paid in shares of the
Bank; and
‘‘(B) $20,493,974,162 shall be for callable shares of
the Bank.’’.
(d) AFRICAN DEVELOPMENT BANK.—The African Development
Bank Act, Public Law 97–35, as amended (22 U.S.C. 290i et seq.),
is further amended by adding at the end thereof the following
new section:
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22 USC 290i–11.
22 USC 290l–9.
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‘‘SEC. 1344. SIXTH CAPITAL INCREASE.
‘‘(a) SUBSCRIPTION AUTHORIZED.—
‘‘(1) The United States Governor of the Bank may subscribe
on behalf of the United States to 289,391 additional shares
of the capital stock of the Bank.
‘‘(2) Any subscription by the United States to the capital
stock of the Bank shall be effective only to such extent and
in such amounts as are provided in advance in appropriations
Acts.
‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) In order to pay for the increase in the United States
subscription to the Bank under subsection (a), there are authorized to be appropriated, without fiscal year limitation,
$4,322,228,221 for payment by the Secretary of the Treasury.
‘‘(2) Of the amount authorized to be appropriated under
paragraph (1)—
‘‘(A) $259,341,759 shall be for paid in shares of the
Bank; and
‘‘(B) $4,062,886,462 shall be for callable shares of the
Bank.’’.
(e) EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT.—The European Bank for Reconstruction and Development
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1261
Act, Section 562(c) of Public Law 101–513, as amended (22 U.S.C.
290l et seq.), is further amended by adding at the end thereof
the following new paragraph:
‘‘(12) CAPITAL INCREASE.—
‘‘(A) SUBSCRIPTION AUTHORIZED.—
‘‘(i) The United States Governor of the Bank may
subscribe on behalf of the United States up to 90,044
additional callable shares of the capital stock of the
Bank in accordance with Resolution No. 128 as adopted
by the Board of Governors of the Bank on May 14,
2010.
‘‘(ii) Any subscription by the United States to additional capital stock of the Bank shall be effective only
to such extent and in such amounts as are provided
in advance in appropriations Acts.
‘‘(B) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—In order to pay for the increase in the United
States subscription to the Bank under subsection (A), there
are authorized to be appropriated, without fiscal year
limitation, up to $1,252,331,952 for payment by the Secretary of the Treasury.’’.
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REFORMS RELATED TO GENERAL CAPITAL INCREASES
SEC. 7082. (a) REFORMS.—Funds appropriated by this Act may
not be disbursed for a United States contribution to the general
capital increases of the International Bank for Reconstruction and
Development (World Bank), the African Development Bank (AfDB),
or the Inter-American Development Bank (IDB) until the Secretary
of the Treasury reports to the Committees on Appropriations that
such institution, as appropriate, is making substantial progress
toward the following—
(1) implementing specific reform commitments agreed to
by the World Bank and the AfDB as described in the Pittsburgh
Leaders’ Statement issued at the Pittsburgh G20 Summit in
September 2009 concerning sound finances, effective management and governance, transparency and accountability, focus
on core mission, and results;
(2) implementing specific reform commitments agreed to
by the IDB in Resolution AG–7/10 ‘‘Report on the Ninth General
Capital Increase in the resources of the Inter-American
Development Bank’’ as approved by the Governors on July
12, 2010, including transfers of at least $200,000,000 annually
to a grant facility for Haiti;
(3) implementing procurement guidelines that maximize
international competitive bidding in accordance with sound
procurement practices, including transparency, competition,
and cost-effective results for borrowers;
(4) implementing best practices for the protection of
whistleblowers from retaliation, including best practices for
legal burdens of proof, access to independent adjudicative
bodies, results that eliminate the effects of retaliation, and
statutes of limitation for reporting retaliation;
(5) requiring that each candidate for budget support or
development policy loans provide an assessment of reforms
needed to budgetary and procurement processes to encourage
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PUBL074
125 STAT. 1262
Public
information.
PUBLIC LAW 112–74—DEC. 23, 2011
transparency, including budget publication and public scrutiny,
prior to loan approval;
(6) making publicly available external and internal
performance and financial audits of such institution’s projects
on the institution’s Web site;
(7) adopting policies concerning the World Bank’s proposed
Program for Results (P4R) to: limit P4R to no more than
5 percent of annual World Bank lending as a pilot for a period
of not less than two years; require that projects with potentially
significant adverse social or environmental impacts and projects
that affect indigenous peoples are either excluded from P4R
or subject to the World Bank’s own policies; require that at
the close of the pilot there will be a thorough, independent
evaluation, with input from civil society and the private sector,
to provide guidance concerning next steps for the pilot; and
fully staff the World Bank Group’s Integrity Vice Presidency,
with agreement from Borrowers on the World Bank’s jurisdiction and authority to investigate allegations of fraud and
corruption in any of the World Bank’s lending programs
including P4R; and
(8) concerning the World Bank, strengthening the public
availability of information regarding International Finance Corporation (IFC) subprojects when the IFC is funding a financial
intermediary, including—
(A) requiring that higher-risk subprojects comply with
the relevant Performance Standard requirements; and
(B) agreeing to periodically disclose on the IFC Web
site a listing of the name, location, and sector of highrisk subprojects supported by IFC investments through
private equity funds.
(b) REPORT.—Not later than 180 days after enactment of this
Act and every 6 months thereafter until September 30, 2013, the
Secretary of the Treasury shall submit to the Committees on Appropriations a report detailing the extent to which each institution
has continued to make progress on each policy goal listed in subsection (a).
AUTHORITY FOR REPLENISHMENTS
SEC. 7083. (a) INTERNATIONAL DEVELOPMENT ASSOCIATION.—
The International Development Association Act, Public Law 86–
565, as amended (22 U.S.C. 284 et seq.), is further amended by
adding at the end thereof the following new sections:
22 USC 284x.
‘‘SEC. 26. SIXTEENTH REPLENISHMENT.
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‘‘(a) The United States Governor of the International Development Association is authorized to contribute on behalf of the United
States $4,075,500,000 to the sixteenth replenishment of the
resources of the Association, subject to obtaining the necessary
appropriations.
‘‘(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $4,075,500,000 for payment by the Secretary of the Treasury.
22 USC 284y.
‘‘SEC. 27. MULTILATERAL DEBT RELIEF.
‘‘(a) The Secretary of the Treasury is authorized to contribute,
on behalf of the United States, not more than $474,000,000 to
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1263
the International Development Association for the purpose of
funding debt relief cost under the Multilateral Debt Relief Initiative
incurred in the period governed by the sixteenth replenishment
of resources of the International Development Association, subject
to obtaining the necessary appropriations and without prejudice
to any funding arrangements in existence on the date of the enactment of this section.
‘‘(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, not more than $474,000,000 for payment
by the Secretary of the Treasury.
‘‘(c) In this section, the term ‘Multilateral Debt Relief Initiative’
means the proposal set out in the G8 Finance Ministers’
Communique´ entitled ‘Conclusions on Development’, done at
London, June 11, 2005, and reaffirmed by G8 Heads of State at
the Gleneagles Summit on July 8, 2005.’’.
(b) AFRICAN DEVELOPMENT BANK.—The African Development
Fund Act, Public Law 94–302, as amended (22 U.S.C. 290g et
seq.), is further amended by adding at the end thereof the following
new sections:
‘‘SEC. 221. TWELFTH REPLENISHMENT.
22 USC 290g–20.
‘‘(a) The United States Governor of the Fund is authorized
to contribute on behalf of the United States $585,000,000 to the
twelfth replenishment of the resources of the Fund, subject to
obtaining the necessary appropriations.
‘‘(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $585,000,000 for payment by the Secretary
of the Treasury.
‘‘SEC. 222. MULTILATERAL DEBT RELIEF.
22 USC 290g–21.
‘‘(a) The Secretary of the Treasury is authorized to contribute,
on behalf of the United States, not more than $60,000,000 to the
African Development Fund for the purpose of funding debt relief
costs under the Multilateral Debt Relief Initiative incurred in the
period governed by the twelfth replenishment of resources of the
African Development Fund, subject to obtaining the necessary
appropriations and without prejudice to any funding arrangements
in existence on the date of the enactment of this section.
‘‘(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, not more than $60,000,000 for payment
by the Secretary of the Treasury.
‘‘(c) In this section, the term ‘Multilateral Debt Relief Initiative’
means the proposal set out in the G8 Finance Ministers’
Communique´ entitled ‘Conclusions on Development’, done at
London, June 11, 2005, and reaffirmed by G8 Heads of State at
the Gleneagles Summit on July 8, 2005.’’.
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AUTHORITY FOR THE FUND FOR SPECIAL OPERATIONS
SEC. 7084. Up to $36,000,000 of funds appropriated for the
account ‘‘Department of the Treasury, Debt Restructuring’’ by the
Full-Year Continuing Appropriations Act, 2011 (Public Law 112–
10, Division B) may be made available for the United States share
of an increase in the resources of the Fund for Special Operations
of the Inter-American Development Bank in furtherance of debt
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125 STAT. 1264
PUBLIC LAW 112–74—DEC. 23, 2011
relief provided to Haiti in view of the Cancun Declaration of March
21, 2010.
UNITED NATIONS POPULATION FUND
SEC. 7085. (a) CONTRIBUTION.—Of the funds made available
under the heading ‘‘International Organizations and Programs’’ in
this Act for fiscal year 2012, $35,000,000 shall be made available
for the United Nations Population Fund (UNFPA).
(b) AVAILABILITY OF FUNDS.—Funds appropriated by this Act
for UNFPA, that are not made available for UNFPA because of
the operation of any provision of law, shall be transferred to the
‘‘Global Health Programs’’ account and shall be made available
for family planning, maternal, and reproductive health activities,
subject to the regular notification procedures of the Committees
on Appropriations.
(c) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the
funds made available by this Act may be used by UNFPA for
a country program in the People’s Republic of China.
(d) CONDITIONS ON AVAILABILITY OF FUNDS.—Funds made available by this Act for UNFPA may not be made available unless—
(1) UNFPA maintains funds made available by this Act
in an account separate from other accounts of UNFPA and
does not commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) REPORT TO CONGRESS AND DOLLAR-FOR-DOLLAR WITHHOLDING OF FUNDS.—
(1) Not later than 4 months after the date of enactment
of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations indicating the amount of
funds that the UNFPA is budgeting for the year in which
the report is submitted for a country program in the People’s
Republic of China.
(2) If a report under paragraph (1) indicates that the
UNFPA plans to spend funds for a country program in the
People’s Republic of China in the year covered by the report,
then the amount of such funds the UNFPA plans to spend
in the People’s Republic of China shall be deducted from the
funds made available to the UNFPA after March 1 for obligation
for the remainder of the fiscal year in which the report is
submitted.
LIMITATIONS
Waiver authority.
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Certification.
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SEC. 7086. (a)(1) None of the funds appropriated under the
heading ‘‘Economic Support Fund’’ in this Act may be made available for assistance for the Palestinian Authority if the Palestinians
obtain, after the date of enactment of this Act, the same standing
as member states or full membership as a state in the United
Nations or any specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians.
(2) The Secretary of State may waive the restriction in paragraph (1) if the Secretary certifies to the Committees on Appropriations that to do so is in the national security interest of the United
States, and submits a report to such Committees detailing how
the waiver and the continuation of assistance would assist in furthering Middle East peace.
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PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1265
(b)(1) The President may waive the provisions of section 1003
of Public Law 100–204 if the President determines and certifies
in writing to the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Committees on Appropriations that the Palestinians have not, after the date of enactment
of this Act, obtained in the United Nations or any specialized
agency thereof the same standing as member states or full membership as a state outside an agreement negotiated between Israel
and the Palestinians.
(2) Not less than 90 days after the President is unable to
make the certification pursuant to subsection (b)(1), the President
may waive section 1003 of Public Law 100–204 if the President
determines and certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and
the Committees on Appropriations that the Palestinians have
entered into direct and meaningful negotiations with Israel: Provided, That any waiver of the provisions of section 1003 of Public
Law 100–204 under paragraph (1) of this subsection or under previous provisions of law must expire before the waiver under the
preceding sentence may be exercised.
(3) Any waiver pursuant to this subsection shall be effective
for no more than a period of 6 months at a time and shall not
apply beyond 12 months after the enactment of this Act.
President.
Determination.
Certification.
Effective date.
Time periods.
USE OF FUNDS IN CONTRAVENTION OF THIS ACT
SEC. 7087. If the Executive Branch makes a determination
not to comply with any provision of this Act on constitutional
grounds, the head of the relevant Federal agency shall notify the
Committees on Appropriations in writing within 5 days of such
determination, the basis for such determination and any resulting
changes to program and policy.
Determination.
Notification.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS/
GLOBAL WAR ON TERRORISM
DEPARTMENT OF STATE
ADMINISTRATION
OF
FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
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(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Diplomatic and Consular Programs’’, $4,389,064,000, to remain available until September 30,
2013, of which $236,201,000 is for Worldwide Security Protection
and shall remain available until expended: Provided, That the
Secretary of State may transfer up to $230,000,000 of the total
funds made available under this heading to any other appropriation
of any department or agency of the United States, upon the concurrence of the head of such department or agency, to support operations in and assistance for Afghanistan and to carry out the
provisions of the Foreign Assistance Act of 1961: Provided further,
That such amount is designated by the Congress for Overseas
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125 STAT. 1266
PUBLIC LAW 112–74—DEC. 23, 2011
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
CONFLICT STABILIZATION OPERATIONS
For an additional amount for ‘‘Conflict Stabilization Operations’’, $8,500,000, to remain available until expended: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OFFICE OF INSPECTOR GENERAL
For an additional amount for ‘‘Office of Inspector General’’,
$67,182,000, to remain available until September 30, 2013, of which
$19,545,000 shall be for the Special Inspector General for Iraq
Reconstruction for reconstruction oversight, and $44,387,000 shall
be for the Special Inspector General for Afghanistan Reconstruction
for reconstruction oversight: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For an additional amount for ‘‘Educational and Cultural
Exchange Programs’’, as authorized, $15,600,000, to remain available until expended: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For an additional amount for ‘‘Embassy Security, Construction,
and Maintenance’’, $33,000,000, to remain available until expended:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
INTERNATIONAL ORGANIZATIONS
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CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For an additional amount for ‘‘Contributions to International
Organizations’’, $101,300,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1267
RELATED AGENCY
BROADCASTING BOARD
OF
GOVERNORS
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for ‘‘International Broadcasting Operations’’, $4,400,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
RELATED PROGRAMS
UNITED STATES INSTITUTE OF PEACE
For an additional amount for ‘‘United States Institute of Peace’’,
$8,411,000, to remain available until September 30, 2013: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
FUNDS APPROPRIATED
TO THE
PRESIDENT
OPERATING EXPENSES
For an additional amount for ‘‘Operating Expenses’’,
$255,000,000, to remain available until September 30, 2013: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OFFICE OF INSPECTOR GENERAL
For an additional amount for ‘‘Office of Inspector General’’,
$4,500,000, to remain available until September 30, 2013: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED
TO THE
PRESIDENT
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INTERNATIONAL DISASTER ASSISTANCE
For an additional amount for ‘‘International Disaster Assistance’’, $150,000,000, to remain available until September 30, 2013:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
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PUBL074
125 STAT. 1268
PUBLIC LAW 112–74—DEC. 23, 2011
TRANSITION INITIATIVES
For an additional amount for ‘‘Transition Initiatives’’,
$6,554,000, to remain available until September 30, 2013: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
COMPLEX CRISES FUND
For an additional amount for ‘‘Complex Crises Fund’’,
$30,000,000, to remain available until September 30, 2013: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
ECONOMIC SUPPORT FUND
For an additional amount for ‘‘Economic Support Fund’’,
$2,761,462,000, to remain available until September 30, 2013: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
DEPARTMENT
OF
STATE
MIGRATION AND REFUGEE ASSISTANCE
For an additional amount for ‘‘Migration and Refugee Assistance’’, $229,000,000, to remain available until September 30, 2013:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
DEPARTMENT
OF THE
TREASURY
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For an additional amount for ‘‘International Affairs Technical
Assistance’’, $1,552,000, to remain available until September 30,
2013, which shall be available notwithstanding any other provision
of law: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
DEPARTMENT
OF
STATE
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INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For an additional amount for ‘‘International Narcotics Control
and Law Enforcement’’, $983,605,000, to remain available until
September 30, 2013: Provided, That such amount is designated
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1269
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS
For an additional amount for ‘‘Nonproliferation, Anti-terrorism,
Demining and Related Programs’’, $120,657,000, to remain available
until September 30, 2013: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
PEACEKEEPING OPERATIONS
For an additional amount for ‘‘Peacekeeping Operations’’,
$81,000,000, to remain available until September 30, 2013: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
FUNDS APPROPRIATED
TO THE
PRESIDENT
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for ‘‘Foreign Military Financing Program’’, $1,102,000,000, to remain available until September 30,
2013: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985.
PAKISTAN COUNTERINSURGENCY CAPABILITY FUND
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(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of chapter
8 of part I and chapters 2, 5, 6, and 8 of part II of the Foreign
Assistance Act of 1961 and section 23 of the Arms Export Control
Act, $850,000,000, to remain available until September 30, 2013,
for the purpose of providing assistance for Pakistan to build and
maintain the counterinsurgency capability of Pakistani security
forces (including the Frontier Corps), to include program management, training in civil-military humanitarian assistance, human
rights training, and the provision of equipment, supplies, services,
training, and facility and infrastructure repair, renovation, and
construction: Provided, That notwithstanding any other provision
of law except section 620M of the Foreign Assistance Act of 1961,
as amended by this Act, such funds shall be available to the
Secretary of State, with the concurrence of the Secretary of Defense:
Provided further, That such funds may be transferred by the Secretary of State to the Department of Defense or other Federal
departments or agencies to support counterinsurgency operations
and may be merged with, and be available, for the same purposes
and for the same time period as the appropriation or fund to
which transferred or may be transferred pursuant to the authorities
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PUBL074
125 STAT. 1270
Deadline.
Notification.
Deadlines.
Reports.
Determination.
PUBLIC LAW 112–74—DEC. 23, 2011
contained in the Foreign Assistance Act of 1961: Provided further,
That the Secretary of State shall, not fewer than 15 days prior
to making transfers from this appropriation, notify the Committees
on Appropriations, in writing, of the details of any such transfer:
Provided further, That the Secretary of State shall submit not
later than 30 days after the end of each fiscal quarter to the
Committees on Appropriations a report in writing summarizing,
on a project-by-project basis, the uses of funds under this heading:
Provided further, That upon determination by the Secretary of
State, with the concurrence of the Secretary of Defense, that all
or part of the funds so transferred from this appropriation are
not necessary for the purposes herein, such amounts may be transferred by the head of the relevant Federal department or agency
back to this appropriation and shall be available for the same
purposes and for the same time period as originally appropriated:
Provided further, That any required notification or report may
be submitted in classified form: Provided further, That the amount
in this paragraph is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
GENERAL PROVISIONS
Notification.
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Transfer
authority.
Transfer
authority.
Consultation.
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SEC. 8001. Notwithstanding any other provision of law, funds
appropriated in this title are in addition to amounts appropriated
or otherwise made available in this Act for fiscal year 2012.
SEC. 8002. Unless otherwise provided for in this Act, the additional amounts appropriated by this title to appropriations accounts
in this Act shall be available under the authorities and conditions
applicable to such appropriations accounts.
SEC. 8003. Funds appropriated by this title under the headings
‘‘International Disaster Assistance’’, ‘‘Transition Initiatives’’, ‘‘Complex Crises Fund’’, ‘‘Economic Support Fund’’, ‘‘Migration and Refugee Assistance’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, Demining, and Related
Programs’’, ‘‘Peacekeeping Operations’’, ‘‘Foreign Military Financing
Program’’, and ‘‘Pakistan Counterinsurgency Capability Fund’’, may
be transferred to, and merged with, funds appropriated by this
title under such headings: Provided, That such transfers shall be
subject to the regular notification procedures of the Committees
on Appropriations: Provided further, That the transfer authority
in this section is in addition to any transfer authority otherwise
available under any other provision of law, including section 610
of the Foreign Assistance Act which may be exercised by the Secretary of State for the purposes of this title.
SEC. 8004. If authorized during fiscal year 2012, there shall
be established in the Treasury of the United States the ‘‘Global
Security Contingency Fund’’ (the Fund): Provided, That notwithstanding any provision of law, during the current fiscal year, not
to exceed $50,000,000 from funds appropriated under the headings
‘‘International Narcotics Control and Law Enforcement’’, ‘‘Foreign
Military Financing Program’’, and ‘‘Pakistan Counterinsurgency
Capability Fund’’ under title VIII of this Act may be transferred
to the Fund: Provided further, That this transfer authority is in
addition to any other transfer authority available to the Department
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PUBL074
PUBLIC LAW 112–74—DEC. 23, 2011
125 STAT. 1271
of State, and shall be subject to prior consultation with the Committees on Appropriations: Provided further, That the Secretary of
State shall, not later than 15 days prior to making any such
transfer, notify the Committees on Appropriations in accordance
with the regular notification procedures of the Committees on
Appropriations, including the source of funds and a detailed justification, implementation plan, and timeline for each proposed
project: Provided further, That, notwithstanding any provision of
law, the requirements of this section, including the amount and
source of transferred funds, shall apply to any transfer or other
authority relating to the Fund enacted subsequent to the enactment
of this Act unless such subsequently enacted provision of law specifically references this section.
This division may be cited as the ‘‘Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2012’’.
Deadline.
Notification.
Applicability.
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Approved December 23, 2011.
LEGISLATIVE HISTORY—H.R. 2055:
HOUSE REPORTS: No. 112–94 (Comm. on Appropriations) and 112–331 (Comm. of
Conference).
SENATE REPORTS: No. 112–29 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 157 (2011):
June 2, 13, 14, considered and passed House.
July 14, 18–20, considered and passed Senate, amended.
Dec. 16, House agreed to conference report.
Dec. 17, Senate agreed to conference report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2011):
Dec. 23, Presidential statement.
Æ
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PUBL074
| File Type | application/pdf |
| File Title | PUBL074.PS |
| File Modified | 2012-03-20 |
| File Created | 2012-02-08 |