[House Report 112-331]
[From the U.S. Government Publishing Office]
112th Congress } { Report
1st Session } HOUSE OF REPRESENTATIVES { 112-331
_______________________________________________________________________
MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES
APPROPRIATIONS ACT, 2012
----------
CONFERENCE REPORT
to accompany
H.R. 2055
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 15, 2011.--Ordered to be printed
112th Congress Report
1st Session HOUSE OF REPRESENTATIVES 112-331
_______________________________________________________________________
MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES
APPROPRIATIONS ACT, 2012
__________
CONFERENCE REPORT
to accompany
H.R. 2055
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 15, 2011.--Ordered to be printed
112th Congress Report
1st Session HOUSE OF REPRESENTATIVES 112-331
======================================================================
MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES
APPROPRIATIONS ACT, 2012
_______
December 15, 2011.--Ordered to be printed
_______
Mr. Rogers of Kentucky, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 2055]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
2055), making appropriations for military construction, the
Department of Veterans Affairs, and related agencies for the
fiscal year ending September 30, 2012, and for other purposes,
having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as
follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations
Act, 2012''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
Sec. 5. Availability of funds.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related agencies
Title VIII--General provisions
Title IX--Overseas contingency operations
DIVISION B--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2012
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent agencies
Title V--General provisions
DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2012
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent agencies
Title VI--General provisions--This Act
Title VII--General provisions--Government-wide
Title VIII--General provisions--District of Columbia
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2012
Title I--Departmental management and operations
Title II--Security, enforcement, and investigations
Title III--Protection, preparedness, response, and recovery
Title IV--Research and development, training, and services
Title V--General provisions
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2012
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related agencies
Title IV--General provisions
DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related agencies
Title V--General provisions
DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2012
Title I--Legislative branch
Title II--General provisions
DIVISION H--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
AGENCIES APPROPRIATIONS ACT, 2012
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related agencies
Title IV--Overseas contingency operations
Title V--General provisions
DIVISION I--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2012
Title I--Department of State and related agency
Title II--United States Agency for International Development
Title III--Bilateral economic assistance
Title IV--International security assistance
Title V--Multilateral assistance
Title VI--Export and investment assistance
Title VII--General provisions
Title VIII--Overseas contingency operations
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2012.
SEC. 5. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 shall be available (or
rescinded, if applicable) only if the President subsequently so
designates all such amounts and transmits such designations to
the Congress.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012
TITLE I
Military Personnel, Army
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty, (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $43,298,409,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active duty
(except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund,
$26,803,334,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of Public
Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund,
$13,635,136,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $28,096,708,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Reserve
on active duty under sections 10211, 10302, and 3038 of title
10, United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in connection
with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training, or
while performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $4,289,407,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy Reserve
on active duty under section 10211 of title 10, United States
Code, or while serving on active duty under section 12301(d) of
title 10, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States
Code, or while undergoing reserve training, or while performing
drills or equivalent duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,935,544,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine Corps
Reserve on active duty under section 10211 of title 10, United
States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training, or
while performing drills or equivalent duty, and for members of
the Marine Corps platoon leaders class, and expenses authorized
by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$644,722,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038 of
title 10, United States Code, or while serving on active duty
under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $1,712,705,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army National
Guard while on duty under section 10211, 10302, or 12402 of
title 10 or section 708 of title 32, United States Code, or
while serving on duty under section 12301(d) of title 10 or
section 502(f) of title 32, United States Code, in connection
with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $7,585,645,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air National
Guard on duty under section 10211, 10305, or 12402 of title 10
or section 708 of title 32, United States Code, or while
serving on duty under section 12301(d) of title 10 or section
502(f) of title 32, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $3,088,929,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law;
and not to exceed $12,478,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential military
purposes, $31,072,902,000.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $14,804,000 can be used
for emergencies and extraordinary expenses, to be expended on
the approval or authority of the Secretary of the Navy, and
payments may be made on his certificate of necessity for
confidential military purposes, $38,120,821,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by
law, $5,542,937,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law; and not to exceed $7,699,000 can be used for emergencies
and extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Air Force, and payments may
be made on his certificate of necessity for confidential
military purposes, $34,985,486,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments), as
authorized by law, $30,152,008,000: Provided, That not more
than $47,026,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on his
certificate of necessity for confidential military purposes:
Provided further, That of the funds provided under this
heading, not less than $34,311,000 shall be made available for
the Procurement Technical Assistance Cooperative Agreement
Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further,
That none of the funds appropriated or otherwise made available
by this Act may be used to plan or implement the consolidation
of a budget or appropriations liaison office of the Office of
the Secretary of Defense, the office of the Secretary of a
military department, or the service headquarters of one of the
Armed Forces into a legislative affairs or legislative liaison
office: Provided further, That $8,420,000, to remain available
until expended, is available only for expenses relating to
certain classified activities, and may be transferred as
necessary by the Secretary of Defense to operation and
maintenance appropriations or research, development, test and
evaluation appropriations, to be merged with and to be
available for the same time period as the appropriations to
which transferred: Provided further, That any ceiling on the
investment item unit cost of items that may be purchased with
operation and maintenance funds shall not apply to the funds
described in the preceding proviso: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority provided elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$3,071,733,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,305,134,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $271,443,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $3,274,359,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau; supplying and equipping the Army National Guard
as authorized by law; and expenses of repair, modification,
maintenance, and issue of supplies and equipment (including
aircraft), $6,924,932,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished from
stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis
as authorized by law for Air National Guard personnel on active
Federal duty, for Air National Guard commanders while
inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau, $6,098,780,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $13,861,000, of which
not to exceed $5,000 may be used for official representation
purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $346,031,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Army, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $308,668,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Navy, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $525,453,000, to
remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such
funds are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings and
debris of the Department of the Air Force, or for similar
purposes, transfer the funds made available by this
appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period as
the appropriations to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer
authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $10,716,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of Defense, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of Defense, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $326,495,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 407, 2557, and 2561 of title 10, United States Code),
$107,662,000, to remain available until September 30, 2013.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union
and, with appropriate authorization by the Department of
Defense and Department of State, to countries outside of the
former Soviet Union, including assistance provided by contract
or by grants, for facilitating the elimination and the safe and
secure transportation and storage of nuclear, chemical and
other weapons; for establishing programs to prevent the
proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to the
training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components
and weapons technology and expertise, and for defense and
military contacts, $508,219,000, to remain available until
September 30, 2014: Provided, That of the amounts provided
under this heading, not less than $13,500,000 shall be
available only to support the dismantling and disposal of
nuclear submarines, submarine reactor components, and security
enhancements for transport and storage of nuclear warheads in
the Russian Far East and North.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce
Development Fund, $105,501,000.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $5,360,334,000, to remain
available for obligation until September 30, 2014.
Missile Procurement, Army
For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $1,461,223,000, to remain
available for obligation until September 30, 2014.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $2,070,405,000, to remain available for
obligation until September 30, 2014.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $1,884,424,000, to remain available for
obligation until September 30, 2014.
Other Procurement, Army
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; communications and electronic equipment;
other support equipment; spare parts, ordnance, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $7,924,214,000, to remain
available for obligation until September 30, 2014.
Aircraft Procurement, Navy
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway, $17,675,734,000, to remain available for
obligation until September 30, 2014.
Weapons Procurement, Navy
For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $3,224,432,000, to remain
available for obligation until September 30, 2014.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $626,848,000, to remain available for
obligation until September 30, 2014.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including armor
and armament thereof, plant equipment, appliances, and machine
tools and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway; procurement of critical, long lead time components and
designs for vessels to be constructed or converted in the
future; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title, as follows:
Carrier Replacement Program (AP), $554,798,000;
Virginia Class Submarine, $3,221,314,000;
Virginia Class Submarine (AP), $1,461,361,000;
CVN Refuelings (AP), $529,652,000;
DDG-1000 Program, $453,727,000;
DDG-51 Destroyer, $1,980,709,000;
DDG-51 Destroyer (AP), $100,723,000;
Littoral Combat Ship, $1,755,093,000;
LPD-17, $1,837,444,000;
LHA-Replacement, $1,999,191,000;
Joint High Speed Vessel, $372,332,000;
Oceanographic Ships, $89,000,000;
Moored Training Ship, $131,200,000;
LCAC Service Life Extension Program, $84,076,000;
Service Craft, $3,863,000; and
For outfitting, post delivery, conversions, and
first destination transportation, $270,639,000.
Completion of Prior Year Shipbuilding Programs,
$73,992,000.
In all: $14,919,114,000, to remain available for obligation
until September 30, 2016: Provided, That additional
obligations may be incurred after September 30, 2016, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage of ship
construction: Provided further, That none of the funds
provided under this heading for the construction or conversion
of any naval vessel to be constructed in shipyards in the
United States shall be expended in foreign facilities for the
construction of major components of such vessel: Provided
further, That none of the funds provided under this heading
shall be used for the construction of any naval vessel in
foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only; expansion of public and
private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement
and installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $6,013,385,000, to remain
available for obligation until September 30, 2014.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture,
and modification of missiles, armament, military equipment,
spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title, $1,422,570,000, to remain available
for obligation until September 30, 2014.
Aircraft Procurement, Air Force
(including transfer of funds)
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized ground
handling equipment, and training devices, spare parts, and
accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes including
rents and transportation of things, $12,950,000,000, to remain
available for obligation until September 30, 2014: Provided,
That of the amount made available under this heading,
$63,500,000 made available for C-130J aircraft shall be
transferred to the Department of Homeland Security, Coast
Guard, ``Acquisition, Construction, and Improvements'':
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Missile Procurement, Air Force
For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment, including
spare parts and accessories therefor, ground handling
equipment, and training devices; expansion of public and
private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition
of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents
and transportation of things, $6,080,877,000, to remain
available for obligation until September 30, 2014.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $499,185,000, to remain available for
obligation until September 30, 2014.
Other Procurement, Air Force
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement
only; lease of passenger motor vehicles; and expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon, prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway,
$17,403,564,000, to remain available for obligation until
September 30, 2014.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary for
procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection of
structures, and acquisition of land for the foregoing purposes,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $4,893,428,000, to remain available for obligation
until September 30, 2014.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),
$169,964,000, to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $8,745,492,000, to remain available for
obligation until September 30, 2013.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $17,753,940,000, to remain available for
obligation until September 30, 2013: Provided, That funds
appropriated in this paragraph which are available for the V-22
may be used to meet unique operational requirements of the
Special Operations Forces: Provided further, That funds
appropriated in this paragraph shall be available for the Cobra
Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $26,535,996,000, to remain available for
obligation until September 30, 2013.
Research, Development, Test and Evaluation, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary for
basic and applied scientific research, development, test and
evaluation; advanced research projects as may be designated and
determined by the Secretary of Defense, pursuant to law;
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $19,193,955,000, to remain available for
obligation until September 30, 2013: Provided, That of the
funds made available in this paragraph, $200,000,000 for the
Defense Rapid Innovation Program shall only be available for
expenses, not otherwise provided for, to include program
management and oversight, to conduct research, development,
test and evaluation to include proof of concept demonstration;
engineering, testing, and validation; and transition to full-
scale production: Provided further, That the Secretary of
Defense may transfer funds provided herein for the Defense
Rapid Innovation Program to appropriations for research,
development, test and evaluation to accomplish the purpose
provided herein: Provided further, That this transfer
authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That
the Secretary of Defense shall, not fewer than 30 days prior to
making transfers from this appropriation, notify the
congressional defense committees in writing of the details of
any such transfer.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and evaluation;
and administrative expenses in connection therewith,
$191,292,000, to remain available for obligation until
September 30, 2013.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,575,010,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve
Fleet, as established by section 11 of the Merchant Ship Sales
Act of 1946 (50 U.S.C. App. 1744), and for the necessary
expenses to maintain and preserve a U.S.-flag merchant fleet to
serve the national security needs of the United States,
$1,100,519,000, to remain available until expended: Provided,
That none of the funds provided in this paragraph shall be used
to award a new contract that provides for the acquisition of
any of the following major components unless such components
are manufactured in the United States: auxiliary equipment,
including pumps, for all shipboard services; propulsion system
components (engines, reduction gears, and propellers);
shipboard cranes; and spreaders for shipboard cranes: Provided
further, That the exercise of an option in a contract awarded
through the obligation of previously appropriated funds shall
not be considered to be the award of a new contract: Provided
further, That the Secretary of the military department
responsible for such procurement may waive the restrictions in
the first proviso on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as authorized
by law, $32,482,059,000; of which $30,582,235,000 shall be for
operation and maintenance, of which not to exceed 1 percent
shall remain available until September 30, 2013, and of which
up to $16,512,141,000 may be available for contracts entered
into under the TRICARE program; of which $632,518,000, to
remain available for obligation until September 30, 2014, shall
be for procurement; and of which $1,267,306,000, to remain
available for obligation until September 30, 2013, shall be for
research, development, test and evaluation: Provided, That,
notwithstanding any other provision of law, of the amount made
available under this heading for research, development, test
and evaluation, not less than $8,000,000 shall be available for
HIV prevention educational activities undertaken in connection
with United States military training, exercises, and
humanitarian assistance activities conducted primarily in
African nations.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical weapon
stockpile, $1,554,422,000, of which $1,147,691,000 shall be for
operation and maintenance, of which no less than $71,211,000,
shall be for the Chemical Stockpile Emergency Preparedness
Program, consisting of $19,211,000 for activities on military
installations and $52,000,000, to remain available until
September 30, 2013, to assist State and local governments and
$406,731,000, to remain available until September 30, 2013,
shall be for research, development, test and evaluation, of
which $401,768,000 shall only be for the Assembled Chemical
Weapons Alternatives (ACWA) program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations available
to the Department of Defense for military personnel of the
reserve components serving under the provisions of title 10 and
title 32, United States Code; for operation and maintenance;
for procurement; and for research, development, test and
evaluation, $1,209,620,000: Provided, That the funds
appropriated under this heading shall be available for
obligation for the same time period and for the same purpose as
the appropriation to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority contained elsewhere in this Act: Provided
further, That $23,000,000 may not be obligated or expended
until the Secretary of Defense submits an implementation plan
for the expansion of prescription drug testing to the
congressional defense committees.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, as amended, $346,919,000, of which $341,419,000
shall be for operation and maintenance, of which not to exceed
$700,000 is available for emergencies and extraordinary
expenses to be expended on the approval or authority of the
Inspector General, and payments may be made on the Inspector
General's certificate of necessity for confidential military
purposes; of which $1,000,000, to remain available until
September 30, 2014, shall be for procurement; and of which
$4,500,000, to remain available until September 30, 2013, shall
be for research, development, testing, and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central Intelligence
Agency Retirement and Disability System, $513,700,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account, $547,891,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense funded
by this Act shall not be at a rate in excess of the percentage
increase authorized by law for civilian employees of the
Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by the
appropriate host nation to its own employees, whichever is
higher: Provided further, That this section shall not apply to
Department of Defense foreign service national employees
serving at United States diplomatic missions whose pay is set
by the Department of State under the Foreign Service Act of
1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department
of Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to
obligations for support of active duty training of reserve
components or summer camp training of the Reserve Officers'
Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he may,
with the approval of the Office of Management and Budget,
transfer not to exceed $3,750,000,000 of working capital funds
of the Department of Defense or funds made available in this
Act to the Department of Defense for military functions (except
military construction) between such appropriations or funds or
any subdivision thereof, to be merged with and to be available
for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided, That
such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where
the item for which funds are requested has been denied by the
Congress: Provided further, That the Secretary of Defense
shall notify the Congress promptly of all transfers made
pursuant to this authority or any other authority in this Act:
Provided further, That no part of the funds in this Act shall
be available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for higher
priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where
the item for which reprogramming is requested has been denied
by the Congress: Provided further, That a request for multiple
reprogrammings of funds using authority provided in this
section shall be made prior to June 30, 2012: Provided
further, That transfers among military personnel appropriations
shall not be taken into account for purposes of the limitation
on the amount of funds that may be transferred under this
section.
Sec. 8006. (a) With regard to the list of specific
programs, projects, and activities (and the dollar amounts and
adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled ``Explanation of Project Level Adjustments'' in the
explanatory statement regarding this Act, the obligation and
expenditure of amounts appropriated or otherwise made available
in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are
hereby required by law to be carried out in the manner provided
by such tables to the same extent as if the tables were
included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 shall apply when transfers of the
amounts described in subsection (a) occur between appropriation
accounts.
Sec. 8007. (a) Not later than 60 days after enactment of
this Act, the Department of Defense shall submit a report to
the congressional defense committees to establish the baseline
for application of reprogramming and transfer authorities for
fiscal year 2012: Provided, That the report shall include--
(1) a table for each appropriation with a separate
column to display the President's budget request,
adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal
year enacted level;
(2) a delineation in the table for each
appropriation both by budget activity and program,
project, and activity as detailed in the Budget
Appendix; and
(3) an identification of items of special
congressional interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for reprogramming
or transfer until the report identified in subsection (a) is
submitted to the congressional defense committees, unless the
Secretary of Defense certifies in writing to the congressional
defense committees that such reprogramming or transfer is
necessary as an emergency requirement.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances
in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United States
Code, may be maintained in only such amounts as are necessary
at any time for cash disbursements to be made from such funds:
Provided, That transfers may be made between such funds:
Provided further, That transfers may be made between working
capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by
the Secretary of Defense, with the approval of the Office of
Management and Budget, except that such transfers may not be
made unless the Secretary of Defense has notified the Congress
of the proposed transfer. Except in amounts equal to the
amounts appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to
procure or increase the value of war reserve material
inventory, unless the Secretary of Defense has notified the
Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used
to initiate a special access program without prior notification
30 calendar days in advance to the congressional defense
committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000 in
any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the congressional
defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part
of any appropriation contained in this Act shall be available
to initiate a multiyear contract for which the economic order
quantity advance procurement is not funded at least to the
limits of the Government's liability: Provided further, That
no part of any appropriation contained in this Act shall be
available to initiate multiyear procurement contracts for any
systems or component thereof if the value of the multiyear
contract would exceed $500,000,000 unless specifically provided
in this Act: Provided further, That no multiyear procurement
contract can be terminated without 10-day prior notification to
the congressional defense committees: Provided further, That
the execution of multiyear authority shall require the use of a
present value analysis to determine lowest cost compared to an
annual procurement: Provided further, That none of the funds
provided in this Act may be used for a multiyear contract
executed after the date of the enactment of this Act unless in
the case of any such contract--
(1) the Secretary of Defense has submitted to
Congress a budget request for full funding of units to
be procured through the contract and, in the case of a
contract for procurement of aircraft, that includes,
for any aircraft unit to be procured through the
contract for which procurement funds are requested in
that budget request for production beyond advance
procurement activities in the fiscal year covered by
the budget, full funding of procurement of such unit in
that fiscal year;
(2) cancellation provisions in the contract do not
include consideration of recurring manufacturing costs
of the contractor associated with the production of
unfunded units to be delivered under the contract;
(3) the contract provides that payments to the
contractor under the contract shall not be made in
advance of incurred costs on funded units; and
(4) the contract does not provide for a price
adjustment based on a failure to award a follow-on
contract.
Funds appropriated in title III of this Act may be used
for a multiyear procurement contract as follows:
UH-60M/HH-60M and MH-60R/MH-60S Helicopter Airframes; and
MH-60R/S Mission Avionics and Common Cockpits.
Sec. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United States
Code, for humanitarian and civic assistance costs under chapter
20 of title 10, United States Code. Such funds may also be
obligated for humanitarian and civic assistance costs
incidental to authorized operations and pursuant to authority
granted in section 401 of chapter 20 of title 10, United States
Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That
funds available for operation and maintenance shall be
available for providing humanitarian and similar assistance by
using Civic Action Teams in the Trust Territories of the
Pacific Islands and freely associated states of Micronesia,
pursuant to the Compact of Free Association as authorized by
Public Law 99-239: Provided further, That upon a determination
by the Secretary of the Army that such action is beneficial for
graduate medical education programs conducted at Army medical
facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities
and transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2012, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day of
such fiscal year.
(b) The fiscal year 2013 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2013 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2013.
(c) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8013. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before the Congress.
Sec. 8014. None of the funds appropriated by this Act
shall be available for the basic pay and allowances of any
member of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward completion
of a service commitment: Provided, That this section shall not
apply to those members who have reenlisted with this option
prior to October 1, 1987: Provided further, That this section
applies only to active components of the Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege Program
developmental assistance agreement pursuant to section 831 of
the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 10 U.S.C. 2302 note), as amended, under
the authority of this provision or any other transfer authority
contained in this Act.
Sec. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the anchor
and mooring chain are manufactured in the United States from
components which are substantially manufactured in the United
States: Provided, That for the purpose of this section, the
term ``manufactured'' shall include cutting, heat treating,
quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That for
the purpose of this section substantially all of the components
of anchor and mooring chain shall be considered to be produced
or manufactured in the United States if the aggregate cost of
the components produced or manufactured in the United States
exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That
when adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis, the
Secretary of the service responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations that such an
acquisition must be made in order to acquire capability for
national security purposes.
Sec. 8017. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that are
not otherwise prohibited from commercial sale under Federal
law, unless the small arms ammunition or ammunition components
are certified by the Secretary of the Army or designee as
unserviceable or unsafe for further use.
Sec. 8018. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization, unit,
activity or function of the Department of Defense into or
within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8019. In addition to the funds provided elsewhere in
this Act, $15,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing Act
of 1974 (25 U.S.C. 1544): Provided, That a prime contractor or
a subcontractor at any tier that makes a subcontract award to
any subcontractor or supplier as defined in section 1544 of
title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed
additional compensation under section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves
the expenditure of funds appropriated by an Act making
Appropriations for the Department of Defense with respect to
any fiscal year: Provided further, That notwithstanding
section 1906 of title 41, United States Code, this section
shall be applicable to any Department of Defense acquisition of
supplies or services, including any contract and any
subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any
subcontractor or supplier defined in section 1544 of title 25,
United States Code, or a small business owned and controlled by
an individual or individuals defined under section 4221(9) of
title 25, United States Code.
Sec. 8020. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8021. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of
title 10, United States Code, in anticipation of receipt of
contributions, only from the Government of Kuwait, under that
section: Provided, That upon receipt, such contributions from
the Government of Kuwait shall be credited to the
appropriations or fund which incurred such obligations.
Sec. 8022. (a) Of the funds made available in this Act, not
less than $37,745,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $27,838,000 shall be available from ``Operation
and Maintenance, Air Force'' to support Civil Air
Patrol Corporation operation and maintenance,
readiness, counterdrug activities, and drug demand
reduction activities involving youth programs;
(2) $8,990,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $917,000 shall be available from ``Other
Procurement, Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and local
government agencies.
Sec. 8023. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or as
a nonprofit membership corporation consisting of a consortium
of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection shall
be allowed travel expenses and per diem as authorized under the
Federal Joint Travel Regulations, when engaged in the
performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during fiscal
year 2012 may be used by a defense FFRDC, through a fee or
other payment mechanism, for construction of new buildings, for
payment of cost sharing for projects funded by Government
grants, for absorption of contract overruns, or for certain
charitable contributions, not to include employee participation
in community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2012, not
more than 5,750 staff years of technical effort (staff years)
may be funded for defense FFRDCs: Provided, That of the
specific amount referred to previously in this subsection, not
more than 1,125 staff years may be funded for the defense
studies and analysis FFRDCs: Provided further, That this
subsection shall not apply to staff years funded in the
National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2013 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC during
that fiscal year and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
reduced by $150,245,000.
Sec. 8024. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy or
armor steel plate for use in any Government-owned facility or
property under the control of the Department of Defense which
were not melted and rolled in the United States or Canada:
Provided, That these procurement restrictions shall apply to
any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel
Institute (AISI) specifications of carbon, alloy or armor steel
plate: Provided further, That the Secretary of the military
department responsible for the procurement may waive this
restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes:
Provided further, That these restrictions shall not apply to
contracts which are in being as of the date of the enactment of
this Act.
Sec. 8025. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives.
Sec. 8026. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private bids:
Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8027. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms of
the agreement by discriminating against certain types of
products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with respect
to such types of products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the Buy
American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2012. Such report shall
separately indicate the dollar value of items for which the Buy
American Act was waived pursuant to any agreement described in
subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C.
2501 et seq.), or any international agreement to which the
United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 8028. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section 2921(c)(2)
of that Act.
Sec. 8029. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the
States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington relocatable military housing
units located at Grand Forks Air Force Base, Malmstrom Air
Force Base, Mountain Home Air Force Base, Ellsworth Air Force
Base, and Minot Air Force Base that are excess to the needs of
the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within
a reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list published
by the Secretary of the Interior under section 104 of the
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-
454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8030. During the current fiscal year, appropriations
which are available to the Department of Defense for operation
and maintenance may be used to purchase items having an
investment item unit cost of not more than $250,000.
Sec. 8031. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
Working Capital Funds shall be used for the purchase of an
investment item for the purpose of acquiring a new inventory
item for sale or anticipated sale during the current fiscal
year or a subsequent fiscal year to customers of the Department
of Defense Working Capital Funds if such an item would not have
been chargeable to the Department of Defense Business
Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current
fiscal year to appropriations made to the Department of Defense
for procurement.
(b) The fiscal year 2013 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2013 Department of
Defense budget shall be prepared and submitted to the Congress
on the basis that any equipment which was classified as an end
item and funded in a procurement appropriation contained in
this Act shall be budgeted for in a proposed fiscal year 2013
procurement appropriation and not in the supply management
business area or any other area or category of the Department
of Defense Working Capital Funds.
Sec. 8032. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year, except
for funds appropriated for the Reserve for Contingencies, which
shall remain available until September 30, 2013: Provided,
That funds appropriated, transferred, or otherwise credited to
the Central Intelligence Agency Central Services Working
Capital Fund during this or any prior or subsequent fiscal year
shall remain available until expended: Provided further, That
any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development
acquisition, for agent operations, and for covert action
programs authorized by the President under section 503 of the
National Security Act of 1947, as amended, shall remain
available until September 30, 2013.
Sec. 8033. Notwithstanding any other provision of law,
funds made available in this Act for the Defense Intelligence
Agency may be used for the design, development, and deployment
of General Defense Intelligence Program intelligence
communications and intelligence information systems for the
Services, the Unified and Specified Commands, and the component
commands.
Sec. 8034. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance, Defense-
Wide'', not less than $12,000,000 shall be made available only
for the mitigation of environmental impacts, including training
and technical assistance to tribes, related administrative
support, the gathering of information, documenting of
environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of
Defense activities.
Sec. 8035. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means chapter 83 of title 41, United
States Code.
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing a
``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f of
title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the
Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality competitive, and
available in a timely fashion.
Sec. 8036. None of the funds appropriated by this Act
shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines--
(1) as a result of thorough technical evaluation,
only one source is found fully qualified to perform the
proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant
scientific or technological promise, represents the
product of original thinking, and was submitted in
confidence by one source; or
(3) the purpose of the contract is to take
advantage of unique and significant industrial
accomplishment by a specific concern, or to insure that
a new product or idea of a specific concern is given
financial support: Provided, That this limitation
shall not apply to contracts in an amount of less than
$25,000, contracts related to improvements of equipment
that is in development or production, or contracts as
to which a civilian official of the Department of
Defense, who has been confirmed by the Senate,
determines that the award of such contract is in the
interest of the national defense.
Sec. 8037. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed
Forces or civilian employee of the department who is
transferred or reassigned from a headquarters activity
if the member or employee's place of duty remains at
the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and certifies
to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver will
reduce the personnel requirements or the financial requirements
of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the
National Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of
improvised explosive devices, and, as determined by the
Secretary of the Army, other similar threats; or
(3) an Army field operating agency established to
improve the effectiveness and efficiencies of biometric
activities and to integrate common biometric
technologies throughout the Department of Defense.
Sec. 8038. The Secretary of Defense, notwithstanding any
other provision of law, acting through the Office of Economic
Adjustment of the Department of Defense, may use funds made
available in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' to make grants and supplement other
Federal funds in accordance with the guidance provided in the
explanatory statement regarding this Act.
Sec. 8039. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense civilian employees unless--
(1) the conversion is based on the result of a
public-private competition that includes a most
efficient and cost effective organization plan
developed by such activity or function;
(2) the Competitive Sourcing Official determines
that, over all performance periods stated in the
solicitation of offers for performance of the activity
or function, the cost of performance of the activity or
function by a contractor would be less costly to the
Department of Defense by an amount that equals or
exceeds the lesser of--
(A) 10 percent of the most efficient
organization's personnel-related costs for
performance of that activity or function by
Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage
for a proposal that would reduce costs for the
Department of Defense by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are
to be employed in the performance of that
activity or function under the contract; or
(B) offering to such workers an employer-
sponsored health benefits plan that requires
the employer to contribute less towards the
premium or subscription share than the amount
that is paid by the Department of Defense for
health benefits for civilian employees under
chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement, or
policy to the contrary shall have full authority to enter into
a contract for the performance of any commercial or industrial
type function of the Department of Defense that--
(A) is included on the procurement list
established pursuant to section 2 of the
Javits-Wagner-O'Day Act (section 8503 of title
41, United States Code);
(B) is planned to be converted to
performance by a qualified nonprofit agency for
the blind or by a qualified nonprofit agency
for other severely handicapped individuals in
accordance with that Act; or
(C) is planned to be converted to
performance by a qualified firm under at least
51 percent ownership by an Indian tribe, as
defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450b(e)), or a Native Hawaiian
Organization, as defined in section 8(a)(15) of
the Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts
or contracts for depot maintenance as provided in
sections 2469 and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or outsourcing
goal, target, or measurement that may be established by
statute, regulation, or policy and is deemed to be awarded
under the authority of, and in compliance with, subsection (h)
of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(rescissions)
Sec. 8040. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts:
``National Defense Sealift Fund, 2002/XXXX'',
$20,444,000;
``National Defense Sealift Fund, 2003/XXXX'',
$8,500,000;
``National Defense Sealift Fund, 2004/XXXX'',
$6,500,000;
``Aircraft Procurement, Army, 2010/2012'',
$5,100,000;
``Procurement of Weapons and Tracked Combat
Vehicles, Army, 2010/2012'', $4,353,000;
``Procurement of Ammunition, Army, 2010/2012'',
$21,674,000;
``Other Procurement, Army, 2010/2012'',
$58,647,000;
``Aircraft Procurement, Navy, 2010/2012'',
$90,000,000;
``Aircraft Procurement, Air Force, 2010/2012'',
$32,897,000;
``Missile Procurement, Air Force, 2010/2012'',
$3,889,000;
``Other Procurement, Air Force, 2010/2012'',
$12,200,000;
``Procurement, Defense-Wide, 2010/2012'', $716,000;
``Aircraft Procurement, Army, 2011/2013'',
$21,500,000;
``Missile Procurement, Army, 2011/2013'',
$99,800,000;
``Procurement of Weapons and Tracked Combat
Vehicles, Army, 2011/2013'', $18,834,000;
``Procurement of Ammunition, Army, 2011/2013'',
$15,000,000;
``Other Procurement, Army, 2011/2013'',
$438,436,000;
``Aircraft Procurement, Navy, 2011/2013'',
$78,000,000;
``Weapons Procurement, Navy, 2011/2013'',
$34,276,000;
``Procurement of Ammunition, Navy and Marine Corps,
2011/2013'', $28,262,000;
``Other Procurement, Navy, 2011/2013'',
$59,598,000;
Under the heading, ``Shipbuilding and Conversion,
Navy, 2011/2015'': Littoral Combat Ship Advance
Procurement: $110,351,000;
``Aircraft Procurement, Air Force, 2011/2013'',
$220,213,000;
``Missile Procurement, Air Force, 2011/2013'',
$193,900,000;
``Other Procurement, Air Force, 2011/2013'',
$52,868,000;
``Procurement, Defense-Wide, 2011/2013'',
$4,312,000;
``Research, Development, Test and Evaluation, Army,
2011/2012'', $356,625,000;
``Research, Development, Test and Evaluation, Navy,
2011/2012'', $65,687,000;
``Research, Development, Test and Evaluation, Air
Force, 2011/2012'', $258,094,000;
``Research, Development, Test and Evaluation,
Defense-Wide, 2011/2012'', $254,284,000;
``Defense Health Program, 2011/2012'', $257,000:
Provided, That the funds rescinded from the
National Defense Sealift accounts are those described
under the heading ``National Defense Sealift Fund'' in
Public Law 107-117, Public Law 107-248, and Public Law
108-87, or for the purposes described in section 115 of
division H of Public Law 108-199, as amended by section
1017 of division A of Public Law 109-13.
Sec. 8041. None of the funds available in this Act may be
used to reduce the authorized positions for military
technicians (dual status) of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military technicians
(dual status), unless such reductions are a direct result of a
reduction in military force structure.
Sec. 8042. None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea unless
specifically appropriated for that purpose.
Sec. 8043. Funds appropriated in this Act for operation
and maintenance of the Military Departments, Combatant Commands
and Defense Agencies shall be available for reimbursement of
pay, allowances and other expenses which would otherwise be
incurred against appropriations for the National Guard and
Reserve when members of the National Guard and Reserve provide
intelligence or counterintelligence support to Combatant
Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the
National Intelligence Program and the Military Intelligence
Program: Provided, That nothing in this section authorizes
deviation from established Reserve and National Guard personnel
and training procedures.
Sec. 8044. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 2003,
level: Provided, That the Service Surgeons General may waive
this section by certifying to the congressional defense
committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be
consistent with responsible resource stewardship and
capitation-based budgeting.
Sec. 8045. (a) None of the funds available to the
Department of Defense for any fiscal year for drug interdiction
or counter-drug activities may be transferred to any other
department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided in
an appropriations law.
Sec. 8046. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic supplies
are not available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes:
Provided further, That this restriction shall not apply to the
purchase of ``commercial items'', as defined by section 4(12)
of the Office of Federal Procurement Policy Act, except that
the restriction shall apply to ball or roller bearings
purchased as end items.
Sec. 8047. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must
be made in order to acquire capability for national security
purposes that is not available from United States
manufacturers.
Sec. 8048. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of the Department of Defense who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for in
Defense Appropriations Acts, or provisions of Acts providing
supplemental appropriations for the Department of Defense.
Sec. 8049. (a) Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for
the current fiscal year may be obligated or expended to
transfer to another nation or an international organization any
defense articles or services (other than intelligence services)
for use in the activities described in subsection (b) unless
the congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate are notified 15 days in advance
of such transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-
enforcement operation under the authority of chapter VI
or chapter VII of the United Nations Charter under the
authority of a United Nations Security Council
resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the
following:
(1) A description of the equipment, supplies, or
services to be transferred.
(2) A statement of the value of the equipment,
supplies, or services to be transferred.
(3) In the case of a proposed transfer of equipment
or supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed
Forces (including the reserve components) for
the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items
proposed to be transferred will have to be
replaced and, if so, how the President proposes
to provide funds for such replacement.
Sec. 8050. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to pay
a contractor under a contract with the Department of Defense
for costs of any amount paid by the contractor to an employee
when--
(1) such costs are for a bonus or otherwise in
excess of the normal salary paid by the contractor to
the employee; and
(2) such bonus is part of restructuring costs
associated with a business combination.
(including transfer of funds)
Sec. 8051. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of military
personnel, to be merged with, and to be available for the same
time period as the appropriations to which transferred, to be
used in support of such personnel in connection with support
and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10,
United States Code.
Sec. 8052. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for which
the period of availability for obligation has expired or which
has closed under the provisions of section 1552 of title 31,
United States Code, and which has a negative unliquidated or
unexpended balance, an obligation or an adjustment of an
obligation may be charged to any current appropriation account
for the same purpose as the expired or closed account if--
(1) the obligation would have been properly
chargeable (except as to amount) to the expired or
closed account before the end of the period of
availability or closing of that account;
(2) the obligation is not otherwise properly
chargeable to any current appropriation account of the
Department of Defense; and
(3) in the case of an expired account, the
obligation is not chargeable to a current appropriation
of the Department of Defense under the provisions of
section 1405(b)(8) of the National Defense
Authorization Act for Fiscal Year 1991, Public Law 101-
510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review
or investigation discloses that there was not in fact a
negative unliquidated or unexpended balance in the
account, any charge to a current account under the
authority of this section shall be reversed and
recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an
amount equal to 1 percent of the total appropriation
for that account.
Sec. 8053. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable basis.
The Chief of the National Guard Bureau shall establish the
amount of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under that
subsection. Such funds shall be available for such purposes
without fiscal year limitation.
Sec. 8054. Using funds made available by this Act or any
other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany: Provided, That
in the City of Kaiserslautern and at the Rhine Ordnance
Barracks area, such agreements will include the use of United
States anthracite as the base load energy for municipal
district heat to the United States Defense installations:
Provided further, That at Landstuhl Army Regional Medical
Center and Ramstein Air Base, furnished heat may be obtained
from private, regional or municipal services, if provisions are
included for the consideration of United States coal as an
energy source.
Sec. 8055. None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That this restriction does
not apply to programs funded within the National Intelligence
Program: Provided further, That the Secretary of Defense may
waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8056. None of the funds made available in this Act
may be used to approve or license the sale of the F-22A
advanced tactical fighter to any foreign government: Provided,
That the Department of Defense may conduct or participate in
studies, research, design and other activities to define and
develop a future export version of the F-22A that protects
classified and sensitive information, technologies and U.S.
warfighting capabilities.
Sec. 8057. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between the
Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or
after the date of the enactment of this Act; and
(2) options for the procurement of items that are
exercised after such date under contracts that are
entered into before such date if the option prices are
adjusted for any reason other than the application of a
waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food,
and clothing or textile materials as defined by section 11
(chapters 50-65) of the Harmonized Tariff Schedule and products
classified under headings 4010, 4202, 4203, 6401 through 6406,
6505, 7019, 7218 through 7229, 7304.41 through 7304.49,
7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and
9404.
Sec. 8058. (a) None of the funds made available by this Act
may be used to support any training program involving a unit of
the security forces or police of a foreign country if the
Secretary of Defense has received credible information from the
Department of State that the unit has committed a gross
violation of human rights, unless all necessary corrective
steps have been taken.
(b) The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to
conduct any training program referred to in subsection (a),
full consideration is given to all credible information
available to the Department of State relating to human rights
violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection (a)
if he determines that such waiver is required by extraordinary
circumstances.
(d) Not more than 15 days after the exercise of any waiver
under subsection (c), the Secretary of Defense shall submit a
report to the congressional defense committees describing the
extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign
security forces involved in the training program, and the
information relating to human rights violations that
necessitates the waiver.
Sec. 8059. None of the funds appropriated or otherwise
made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military family
housing units of the Department of Defense, including areas in
such military family housing units that may be used for the
purpose of conducting official Department of Defense business.
Sec. 8060. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or
joint capability demonstration project may only be obligated 45
days after a report, including a description of the project,
the planned acquisition and transition strategy and its
estimated annual and total cost, has been provided in writing
to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8061. The Secretary of Defense shall provide a
classified quarterly report beginning 30 days after enactment
of this Act, to the House and Senate Appropriations Committees,
Subcommittees on Defense on certain matters as directed in the
classified annex accompanying this Act.
Sec. 8062. During the current fiscal year, none of the
funds available to the Department of Defense may be used to
provide support to another department or agency of the United
States if such department or agency is more than 90 days in
arrears in making payment to the Department of Defense for
goods or services previously provided to such department or
agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized by
law to provide support to such department or agency on a
nonreimbursable basis, and is providing the requested support
pursuant to such authority: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
Sec. 8063. Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in
support of the ground-based elements of the National Ballistic
Missile Defense System.
Sec. 8064. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition held
by the Department of Defense that has a center-fire cartridge
and a United States military nomenclature designation of
``armor penetrator'', ``armor piercing (AP)'', ``armor piercing
incendiary (API)'', or ``armor-piercing incendiary tracer (API-
T)'', except to an entity performing demilitarization services
for the Department of Defense under a contract that requires
the entity to demonstrate to the satisfaction of the Department
of Defense that armor piercing projectiles are either: (1)
rendered incapable of reuse by the demilitarization process; or
(2) used to manufacture ammunition pursuant to a contract with
the Department of Defense or the manufacture of ammunition for
export pursuant to a License for Permanent Export of
Unclassified Military Articles issued by the Department of
State.
Sec. 8065. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may waive
payment of all or part of the consideration that otherwise
would be required under section 2667 of title 10, United States
Code, in the case of a lease of personal property for a period
not in excess of 1 year to any organization specified in
section 508(d) of title 32, United States Code, or any other
youth, social, or fraternal nonprofit organization as may be
approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
Sec. 8066. None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt
beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a
military installation located in the United States unless such
malt beverages and wine are procured within that State, or in
the case of the District of Columbia, within the District of
Columbia, in which the military installation is located:
Provided, That in a case in which the military installation is
located in more than one State, purchases may be made in any
State in which the installation is located: Provided further,
That such local procurement requirements for malt beverages and
wine shall apply to all alcoholic beverages only for military
installations in States which are not contiguous with another
State: Provided further, That alcoholic beverages other than
wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
(including transfer of funds)
Sec. 8067. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $124,493,000
shall remain available until expended: Provided, That
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and carry
out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the
Secretary of Defense.
Sec. 8068. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter
under subsection 101(b) of Public Law 104-208; 110 Stat. 3009-
111; 10 U.S.C. 113 note) shall continue in effect to apply to
disbursements that are made by the Department of Defense in
fiscal year 2012.
Sec. 8069. In addition to amounts provided elsewhere in
this Act, $4,000,000 is hereby appropriated to the Department
of Defense, to remain available for obligation until expended:
Provided, That notwithstanding any other provision of law, that
upon the determination of the Secretary of Defense that it
shall serve the national interest, these funds shall be
available only for a grant to the Fisher House Foundation,
Inc., only for the construction and furnishing of additional
Fisher Houses to meet the needs of military family members when
confronted with the illness or hospitalization of an eligible
military beneficiary.
Sec. 8070. (a) In General.--Subchapter I of chapter 88 of
title 10, United States Code, is amended by adding the
following new section at its end--
``Sec. 1790. MILITARY PERSONNEL CITIZENSHIP PROCESSING.
``Authorization of Payments.--Using funds provided for
operation and maintenance and notwithstanding section 2215 of
title 10, United States Code, the Secretary of Defense may
reimburse the Secretary of Homeland Security for costs
associated with the processing and adjudication by the United
States Citizenship and Immigration Services (USCIS) of
applications for naturalization described in sections 328(b)(4)
and 329(b)(4) of the Immigration and Nationality Act (8 U.S.C.
Sec. Sec. 1439(b)(4) and 1440(b)(4)). Such reimbursements
shall be deposited and remain available as provided by sections
286(m) and (n) of such Act (8 U.S.C. Sec. 1356(m)). Such
reimbursements shall be based on actual costs incurred by USCIS
for processing applications for naturalization, and shall not
exceed $7,500,000 per fiscal year.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter I of chapter 88 of title 10, United
States Code, is amended by inserting after the item relating to
section 1789 the following new item:
``1790. Military personnel citizenship processing.''.
(including transfer of funds)
Sec. 8071. Of the amounts appropriated in this Act under
the heading ``Research, Development, Test and Evaluation,
Defense-Wide'', $235,700,000 shall be for the Israeli
Cooperative Programs: Provided, That of this amount,
$110,525,000 shall be for the Short Range Ballistic Missile
Defense (SRBMD) program, including cruise missile defense
research and development under the SRBMD program, of which
$15,000,000 shall be for production activities of SRBMD
missiles in the United States and in Israel to meet Israel's
defense requirements consistent with each nation's laws,
regulations, and procedures, $66,220,000 shall be available for
an upper-tier component to the Israeli Missile Defense
Architecture, and $58,955,000 shall be for the Arrow System
Improvement Program including development of a long range,
ground and airborne, detection suite: Provided further, That
funds made available under this provision for production of
missiles and missile components may be transferred to
appropriations available for the procurement of weapons and
equipment, to be merged with and to be available for the same
time period and the same purposes as the appropriation to which
transferred: Provided further, That the transfer authority
provided under this provision is in addition to any other
transfer authority contained in this Act.
Sec. 8072. (a) None of the funds available to the
Department of Defense may be obligated to modify command and
control relationships to give Fleet Forces Command operational
and administrative control of U.S. Navy forces assigned to the
Pacific fleet.
(b) None of the funds available to the Department of
Defense may be obligated to modify command and control
relationships to give United States Transportation Command
operational and administrative control of C-130 and KC-135
forces assigned to the Pacific and European Air Force Commands.
(c) The command and control relationships in subsections
(a) and (b) which existed on March 13, 2011, shall remain in
force unless changes are specifically authorized in a
subsequent Act.
(including transfer of funds)
Sec. 8073. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'', $73,992,000
shall be available until September 30, 2012, to fund prior year
shipbuilding cost increases: Provided, That upon enactment of
this Act, the Secretary of the Navy shall transfer funds to the
following appropriations in the amounts specified: Provided
further, That the amounts transferred shall be merged with and
be available for the same purposes as the appropriations to
which transferred to:
(1) Under the heading ``Shipbuilding and
Conversion, Navy, 2005/2012'': LPD-17 Amphibious
Transport Dock Program $18,627,000;
(2) Under the heading ``Shipbuilding and
Conversion, Navy, 2006/2012'': LPD-17 Amphibious
Transport Dock Program $23,437,000; and
(3) Under the heading ``Shipbuilding and
Conversion, Navy, 2008/2012'': LPD-17 Amphibious
Transport Dock Program $31,928,000.
(including transfer of funds)
Sec. 8074. (a) Of the amounts appropriated in title IV of
this Act under the heading ``Research, Development, Test and
Evaluation, Army'', for Budget Activities 4, 5 and 7,
$50,000,000 shall be transferred to Program Element 0605601A:
Provided, That no funds may be transferred until 30 days after
the Secretary of the Army provides to the congressional defense
committees a report including the details of any such transfer:
Provided further, That the transfer authority provided under
this provision is in addition to any other transfer authority
contained in this Act.
(b) Of the amounts appropriated in title IV of this Act
under the heading ``Research, Development, Test and Evaluation,
Air Force'', for Budget Activities 4, 5 and 7, $34,000,000
shall be transferred to Program Element 0605807F: Provided,
That no funds may be transferred until 30 days after the
Secretary of the Air Force provides to the congressional
defense committees a report including the details of any such
transfer: Provided further, That the transfer authority
provided under this provision is in addition to any other
transfer authority contained in this Act.
Sec. 8075. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2012 until the enactment of the Intelligence Authorization
Act for Fiscal Year 2012.
Sec. 8076. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming
of funds that creates or initiates a new program, project, or
activity unless such program, project, or activity must be
undertaken immediately in the interest of national security and
only after written prior notification to the congressional
defense committees.
Sec. 8077. The budget of the President for fiscal year
2013 submitted to the Congress pursuant to section 1105 of
title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed
Forces' participation in contingency operations for the
Military Personnel accounts, the Operation and Maintenance
accounts, and the Procurement accounts: Provided, That these
documents shall include a description of the funding requested
for each contingency operation, for each military service, to
include all Active and Reserve components, and for each
appropriations account: Provided further, That these documents
shall include estimated costs for each element of expense or
object class, a reconciliation of increases and decreases for
each contingency operation, and programmatic data including,
but not limited to, troop strength for each Active and Reserve
component, and estimates of the major weapons systems deployed
in support of each contingency: Provided further, That these
documents shall include budget exhibits OP-5 and OP-32 (as
defined in the Department of Defense Financial Management
Regulation) for all contingency operations for the budget year
and the two preceding fiscal years.
Sec. 8078. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.
(including transfer of funds)
Sec. 8079. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $44,000,000 is
hereby appropriated to the Department of Defense: Provided,
That upon the determination of the Secretary of Defense that it
shall serve the national interest, he shall make grants in the
amounts specified as follows: $20,000,000 to the United Service
Organizations and $24,000,000 to the Red Cross.
Sec. 8080. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squadron of
the Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in this
Act: Provided, That the Air Force shall allow the 53rd Weather
Reconnaissance Squadron to perform other missions in support of
national defense requirements during the non-hurricane season.
Sec. 8081. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign intelligence
activities: Provided, That information pertaining to United
States persons shall only be handled in accordance with
protections provided in the Fourth Amendment of the United
States Constitution as implemented through Executive Order No.
12333.
Sec. 8082. (a) At the time members of reserve components of
the Armed Forces are called or ordered to active duty under
section 12302(a) of title 10, United States Code, each member
shall be notified in writing of the expected period during
which the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines
that it is necessary to do so to respond to a national security
emergency or to meet dire operational requirements of the Armed
Forces.
(including transfer of funds)
Sec. 8083. The Secretary of Defense may transfer funds
from any available Department of the Navy appropriation to any
available Navy ship construction appropriation for the purpose
of liquidating necessary changes resulting from inflation,
market fluctuations, or rate adjustments for any ship
construction program appropriated in law: Provided, That the
Secretary may transfer not to exceed $100,000,000 under the
authority provided by this section: Provided further, That the
Secretary may not transfer any funds until 30 days after the
proposed transfer has been reported to the Committees on
Appropriations of the House of Representatives and the Senate,
unless a response from the Committees is received sooner:
Provided further, That any funds transferred pursuant to this
section shall retain the same period of availability as when
originally appropriated: Provided further, That the transfer
authority provided by this section is in addition to any other
transfer authority contained elsewhere in this Act.
Sec. 8084. For purposes of section 7108 of title 41,
United States Code, any subdivision of appropriations made
under the heading ``Shipbuilding and Conversion, Navy'' that is
not closed at the time reimbursement is made shall be available
to reimburse the Judgment Fund and shall be considered for the
same purposes as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
Sec. 8085. (a) None of the funds appropriated by this Act
may be used to transfer research and development, acquisition,
or other program authority relating to current tactical
unmanned aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and
operational control of the MQ-1C Sky Warrior Unmanned Aerial
Vehicle (UAV) in order to support the Secretary of Defense in
matters relating to the employment of unmanned aerial vehicles.
Sec. 8086. Up to $15,000,000 of the funds appropriated
under the heading ``Operation and Maintenance, Navy'' may be
made available for the Asia Pacific Regional Initiative Program
for the purpose of enabling the Pacific Command to execute
Theater Security Cooperation activities such as humanitarian
assistance, and payment of incremental and personnel costs of
training and exercising with foreign security forces:
Provided, That funds made available for this purpose may be
used, notwithstanding any other funding authorities for
humanitarian assistance, security assistance or combined
exercise expenses: Provided further, That funds may not be
obligated to provide assistance to any foreign country that is
otherwise prohibited from receiving such type of assistance
under any other provision of law.
Sec. 8087. None of the funds appropriated by this Act for
programs of the Office of the Director of National Intelligence
shall remain available for obligation beyond the current fiscal
year, except for funds appropriated for research and
technology, which shall remain available until September 30,
2013.
Sec. 8088. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
(INCLUDING TRANSFER OF FUNDS)
Sec. 8089. During the current fiscal year, not to exceed
$200,000,000 from funds available under ``Operation and
Maintenance, Defense-Wide'' may be transferred to the
Department of State ``Global Security Contingency Fund'':
Provided, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That the Secretary of Defense
shall, not fewer than 30 days prior to making transfers to the
Department of State ``Global Security Contingency Fund'',
notify the congressional defense committees in writing with the
source of funds and a detailed justification, execution plan,
and timeline for each proposed project.
Sec. 8090. The Director of National Intelligence shall
include the budget exhibits identified in paragraphs (1) and
(2) as described in the Department of Defense Financial
Management Regulation with the congressional budget
justification books:
(1) For procurement programs requesting more than
$10,000,000 in any fiscal year, the P-1, Procurement
Program; P-5, Cost Analysis; P-5a, Procurement History
and Planning; P-21, Production Schedule; and P-40,
Budget Item Justification.
(2) For research, development, test and evaluation
projects requesting more than $5,000,000 in any fiscal
year, the R-1, Research, Development, Test and
Evaluation Program; R-2, Research, Development, Test
and Evaluation Budget Item Justification; R-3,
Research, Development, Test and Evaluation Project Cost
Analysis; and R-4, Research, Development, Test and
Evaluation Program Schedule Profile.
Sec. 8091. The amounts appropriated in title II of this
Act are hereby reduced by $515,000,000 to reflect excess cash
balances in Department of Defense Working Capital Funds, as
follows: From ``Operation and Maintenance, Army'',
$515,000,000.
Sec. 8092. (a) Not later than 60 days after enactment of
this Act, the Office of the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2012:
Provided, That the report shall include--
(1) a table for each appropriation with a separate
column to display the President's budget request,
adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal
year enacted level;
(2) a delineation in the table for each
appropriation by Expenditure Center and project; and
(3) an identification of items of special
congressional interest.
(b) None of the funds provided for the National
Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional intelligence
committees, unless the Director of National Intelligence
certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as
an emergency requirement.
Sec. 8093. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C. 403-
1(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding
of $10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations,
unless the congressional intelligence committees are notified
30 days in advance of such reprogramming of funds; this
notification period may be reduced for urgent national security
requirements.
(b) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C. 403-
1(d)) that results in a cumulative increase or decrease of the
levels specified in the classified annex unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification
period may be reduced for urgent national security
requirements.
Sec. 8094. The Director of National Intelligence shall
submit to Congress each year, at or about the time that the
President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-years
intelligence program (including associated annexes) reflecting
the estimated expenditures and proposed appropriations included
in that budget. Any such future-years intelligence program
shall cover the fiscal year with respect to which the budget is
submitted and at least the four succeeding fiscal years.
Sec. 8095. For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
Sec. 8096. The Department of Defense shall continue to
report incremental contingency operations costs for Operation
New Dawn and Operation Enduring Freedom on a monthly basis in
the Cost of War Execution Report as prescribed in the
Department of Defense Financial Management Regulation
Department of Defense Instruction 7000.14, Volume 12, Chapter
23 ``Contingency Operations'', Annex 1, dated September 2005.
(including transfer of funds)
Sec. 8097. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of
this Act for ``Operation and Maintenance, Army'', ``Operation
and Maintenance, Navy'', and ``Operation and Maintenance, Air
Force'' may be transferred by the military department concerned
to its central fund established for Fisher Houses and Suites
pursuant to section 2493(d) of title 10, United States Code.
(including transfer of funds)
Sec. 8098. Of the funds appropriated in the Intelligence
Community Management Account for the Program Manager for the
Information Sharing Environment, $20,000,000 is available for
transfer by the Director of National Intelligence to other
departments and agencies for purposes of Government-wide
information sharing activities: Provided, That funds
transferred under this provision are to be merged with and
available for the same purposes and time period as the
appropriation to which transferred: Provided further, That the
Office of Management and Budget must approve any transfers made
under this provision.
Sec. 8099. Funds appropriated by this Act for operation
and maintenance may be available for the purpose of making
remittances to the Defense Acquisition Workforce Development
Fund in accordance with the requirements of section 1705 of
title 10, United States Code.
Sec. 8100. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less than
45 days.
Sec. 8101. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the
contractor agrees not to--
(1) enter into any agreement with any of its
employees or independent contractors that requires, as
a condition of employment, that the employee or
independent contractor agree to resolve through
arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising
out of sexual assault or harassment, including assault
and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring,
supervision, or retention; or
(2) take any action to enforce any provision of an
existing agreement with an employee or independent
contractor that mandates that the employee or
independent contractor resolve through arbitration any
claim under title VII of the Civil Rights Act of 1964
or any tort related to or arising out of sexual assault
or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or
retention.
(b) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract
unless the contractor certifies that it requires each covered
subcontractor to agree not to enter into, and not to take any
action to enforce any provision of, any agreement as described
in paragraphs (1) and (2) of subsection (a), with respect to
any employee or independent contractor performing work related
to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract
in excess of $1,000,000 on a contract subject to subsection
(a).
(c) The prohibitions in this section do not apply with
respect to a contractor's or subcontractor's agreements with
employees or independent contractors that may not be enforced
in a court of the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or
subcontractor for the purposes of a particular contract or
subcontract if the Secretary or the Deputy Secretary personally
determines that the waiver is necessary to avoid harm to
national security interests of the United States, and that the
term of the contract or subcontract is not longer than
necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the
contract or subcontract term selected, and shall state any
alternatives considered in lieu of a waiver and the reasons
each such alternative would not avoid harm to national security
interests of the United States. The Secretary of Defense shall
transmit to Congress, and simultaneously make public, any
determination under this subsection not less than 15 business
days before the contract or subcontract addressed in the
determination may be awarded.
Sec. 8102. (a)(1) No National Intelligence Program funds
appropriated in this Act may be used for a mission critical or
mission essential business management information technology
system that is not registered with the Director of National
Intelligence. A system shall be considered to be registered
with that officer upon the furnishing notice of the system,
together with such information concerning the system as the
Director of the Business Transformation Office may prescribe.
(2) During the fiscal year 2012 no funds may be obligated
or expended for a financial management automated information
system, a mixed information system supporting financial and
non-financial systems, or a business system improvement of more
than $3,000,000, within the Intelligence Community without the
approval of the Business Transformation Investment Review
Board.
(b) This section shall not apply to any programmatic or
analytic systems or programmatic or analytic system
improvements.
Sec. 8103. None of the funds made available under this Act
may be distributed to the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries.
(including transfer of funds)
Sec. 8104. From within the funds appropriated for
operation and maintenance for the Defense Health Program in
this Act, up to $135,631,000, shall be available for transfer
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund in accordance with
the provisions of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain
James A. Lovell Federal Health Care Center, consisting of the
North Chicago Veterans Affairs Medical Center, the Navy
Ambulatory Care Center, and supporting facilities designated as
a combined Federal medical facility as described by section 706
of Public Law 110-417: Provided further, That additional funds
may be transferred from funds appropriated for operation and
maintenance for the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund upon written notification by the
Secretary of Defense to the Committees on Appropriations of the
House of Representatives and the Senate.
Sec. 8105. Section 310(b) of the Supplemental
Appropriations Act, 2009 (Public Law 111-32; 124 Stat. 1871),
as amended by Public Law 112-10, is amended by striking ``2
years'' both places it appears and inserting ``3 years''.
Sec. 8106. The Office of the Director of National
Intelligence shall not employ more Senior Executive employees
than are specified in the classified annex: Provided, That not
later than 90 days after the enactment of this Act, the
Director of National Intelligence shall submit to the
congressional intelligence committees the Office of the
Director of National Intelligence strategic human capital plan
and the Office of Director of National Intelligence current and
future grade structure, to include General Schedule 15
positions.
Sec. 8107. None of the funds appropriated or otherwise
made available by this Act may be obligated or expended to pay
a retired general or flag officer to serve as a senior mentor
advising the Department of Defense unless such retired officer
files a Standard Form 278 (or successor form concerning public
financial disclosure under part 2634 of title 5, Code of
Federal Regulations) to the Office of Government Ethics.
Sec. 8108. Appropriations available to the Department of
Defense may be used for the purchase of heavy and light armored
vehicles for the physical security of personnel or for force
protection purposes up to a limit of $250,000 per vehicle,
notwithstanding price or other limitations applicable to the
purchase of passenger carrying vehicles.
Sec. 8109. The Inspector General of the Department of
Defense shall conduct a review of Anti-deficiency Act
violations and their causes in the Department of Defense
Military Personnel accounts. Based on the findings of the
review, the Inspector General shall submit to the congressional
defense committees a report containing the results of the
review and recommendations for corrective actions to be
implemented.
Sec. 8110. Of the amounts appropriated for ``Operation and
Maintenance, Defense-Wide'', $33,000,000 shall be available to
the Secretary of Defense, notwithstanding any other provision
of law, acting through the Office of Economic Adjustment of the
Department of Defense, to make grants, conclude cooperative
agreements, and supplement other Federal funds, to remain
available until expended, to assist the civilian population of
Guam in response to the military buildup of Guam, to include
addressing the need for vehicles and supplies for civilian
student transportation, preservation and repository of
artifacts unearthed during military construction, and
construction of a mental health and substance abuse facility:
Provided, That the Secretary of Defense shall, not fewer than
15 days prior to obligating funds for this purpose, notify the
congressional defense committees in writing of the details of
any such obligation.
Sec. 8111. None of the funds made available by this Act
may be used by the Secretary of Defense to take beneficial
occupancy of more than 2,000 parking spaces (other than
handicap-reserved spaces) to be provided by the BRAC 133
project: Provided, That this limitation may be waived in part
if: (1) the Secretary of Defense certifies to Congress that
levels of service at existing intersections in the vicinity of
the project have not experienced failing levels of service as
defined by the Transportation Research Board Highway Capacity
Manual over a consecutive 90-day period; (2) the Department of
Defense and the Virginia Department of Transportation agree on
the number of additional parking spaces that may be made
available to employees of the facility subject to continued 90-
day traffic monitoring; and (3) the Secretary of Defense
notifies the congressional defense committees in writing at
least 14 days prior to exercising this waiver of the number of
additional parking spaces to be made available: Provided
further, That the Secretary of Defense shall implement the
Department of Defense Inspector General recommendations
outlined in report number DODIG-2012-024, and certify to
Congress not later than 180 days after enactment of this Act
that the recommendations have been implemented.
Sec. 8112. (a) None of the funds provided in this title for
Operation and Maintenance may be available for obligation or
expenditure to relocate Air Force program offices, or
acquisition management functions of major weapons systems, to a
central location, or to any location other than the Air Force
Material Command site where they are currently located until 30
days after the Secretary of the Air Force submits the initial
report under subsection (b).
(b) The Secretary of the Air Force shall submit to the
congressional defense committees a report which includes the
following: a listing of all Air Force Material Command
functions to be transferred and an identification of the
locations where these functions will be transferred from and
to; a listing of all Air Force Material Command personnel
positions to be transferred and an identification of the
locations these positions will be transferred from and to; and
the cost benefit analysis and the life-cycle cost analysis
underpinning the Secretary of the Air Force's decision to
relocate Air Force Material Command functions and personnel.
Sec. 8113. Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall resume
quarterly reporting of the numbers of civilian personnel end
strength by appropriation account for each and every
appropriation account used to finance Federal civilian
personnel salaries to the congressional defense committees
within 15 days after the end of each fiscal quarter.
Sec. 8114. In addition to amounts provided elsewhere in
this Act, $10,000,000 is hereby appropriated, for an additional
amount for ``Research, Development, Test and Evaluation,
Army'', to remain available until September 30, 2013. Such
funds may be available for the Secretary of the Army to conduct
research on alternative energy resources for deployed forces.
Sec. 8115. The Secretary of Defense shall study and report
to the Congressional Defense Committees the feasibility of
using commercially available telecommunications expense
management solutions across the Department of Defense by March
1, 2012.
Sec. 8116. None of the funds appropriated in this or any
other Act may be used to plan, prepare for, or otherwise take
any action to undertake or implement the separation of the
National Intelligence Program budget from the Department of
Defense budget.
(including transfer of funds)
Sec. 8117. Upon a determination by the Director of
National Intelligence that such action is necessary and in the
national interest, the Director may, with the approval of the
Office of Management and Budget, transfer not to exceed
$2,000,000,000 of the funds made available in this Act for the
National Intelligence Program: Provided, That such authority
to transfer may not be used unless for higher priority items,
based on unforeseen intelligence requirements, than those for
which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of
funds using authority provided in this section shall be made
prior to June 30, 2012.
(including transfer of funds)
Sec. 8118. In addition to amounts provided elsewhere in
this Act, there is appropriated $250,000,000, for an additional
amount for ``Operation and Maintenance, Defense-Wide'', to be
available until expended: Provided, That such funds shall only
be available to the Secretary of Defense, acting through the
Office of Economic Adjustment of the Department of Defense, or
for transfer to the Secretary of Education, notwithstanding any
other provision of law, to make grants, conclude cooperative
agreements, or supplement other Federal funds to construct,
renovate, repair, or expand elementary and secondary public
schools on military installations in order to address capacity
or facility condition deficiencies at such schools: Provided
further, That in making such funds available, the Office of
Economic Adjustment or the Secretary of Education shall give
priority consideration to those military installations with
schools having the most serious capacity or facility condition
deficiencies as determined by the Secretary of Defense.
Sec. 8119. None of the funds appropriated or otherwise
made available in this or any other Act may be used to
transfer, release, or assist in the transfer or release to or
within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of
the Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at
the United States Naval Station, Guantanamo Bay, Cuba,
by the Department of Defense.
Sec. 8120. (a)(1) Except as provided in paragraph (2) and
subsection (d), none of the funds appropriated or otherwise
made available in this or any other Act may be used to transfer
any individual detained at Guantanamo to the custody or control
of the individual's country of origin, any other foreign
country, or any other foreign entity unless the Secretary of
Defense submits to Congress the certification described in
subsection (b) not later than 30 days before the transfer of
the individual.
(2) Paragraph (1) shall not apply to any action taken by
the Secretary to transfer any individual detained at Guantanamo
to effectuate--
(A) an order affecting the disposition of the
individual that is issued by a court or competent
tribunal of the United States having lawful
jurisdiction (which the Secretary shall notify Congress
of promptly after issuance); or
(B) a pre-trial agreement entered in a military
commission case prior to the date of the enactment of
this Act.
(b) A certification described in this subsection is a
written certification made by the Secretary of Defense, with
the concurrence of the Secretary of State and in consultation
with the Director of National Intelligence, that--
(1) the government of the foreign country or the
recognized leadership of the foreign entity to which
the individual detained at Guantanamo is to be
transferred--
(A) is not a designated state sponsor of
terrorism or a designated foreign terrorist
organization;
(B) maintains control over each detention
facility in which the individual is to be
detained if the individual is to be housed in a
detention facility;
(C) is not, as of the date of the
certification, facing a threat that is likely
to substantially affect its ability to exercise
control over the individual;
(D) has taken or agreed to take effective
actions to ensure that the individual cannot
take action to threaten the United States, its
citizens, or its allies in the future;
(E) has taken or agreed to take such
actions as the Secretary of Defense determines
are necessary to ensure that the individual
cannot engage or reengage in any terrorist
activity; and
(F) has agreed to share with the United
States any information that--
(i) is related to the individual or
any associates of the individual; and
(ii) could affect the security of
the United States, its citizens, or its
allies; and
(2) includes an assessment, in classified or
unclassified form, of the capacity, willingness, and
past practices (if applicable) of the foreign country
or entity in relation to the Secretary's
certifications.
(c)(1) Except as provided in paragraph (2) and subsection
(d), none of the funds appropriated or otherwise made available
in this or any other Act may be used to transfer any individual
detained at Guantanamo to the custody or control of the
individual's country of origin, any other foreign country, or
any other foreign entity if there is a confirmed case of any
individual who was detained at United States Naval Station,
Guantanamo Bay, Cuba, at any time after September 11, 2001, who
was transferred to such foreign country or entity and
subsequently engaged in any terrorist activity.
(2) Paragraph (1) shall not apply to any action taken by
the Secretary to transfer any individual detained at Guantanamo
to effectuate--
(A) an order affecting the disposition of the
individual that is issued by a court or competent
tribunal of the United States having lawful
jurisdiction (which the Secretary shall notify Congress
of promptly after issuance); or
(B) a pre-trial agreement entered in a military
commission case prior to the date of the enactment of
this Act.
(d)(1) The Secretary of Defense may waive the applicability
to a detainee transfer of a certification requirement specified
in subparagraph (D) or (E) of subsection (b)(1) or the
prohibition in subsection (c), if the Secretary certifies the
rest of the criteria required by subsection (b) for transfers
prohibited by (c) and, with the concurrence of the Secretary of
State and in consultation with the Director of National
Intelligence, determines that--
(A) alternative actions will be taken to address
the underlying purpose of the requirement or
requirements to be waived;
(B) in the case of a waiver of subparagraph (D) or
(E) of subsection (b)(1), it is not possible to certify
that the risks addressed in the paragraph to be waived
have been completely eliminated, but the actions to be
taken under subparagraph (A) will substantially
mitigate such risks with regard to the individual to be
transferred;
(C) in the case of a waiver of subsection (c), the
Secretary has considered any confirmed case in which an
individual who was transferred to the country
subsequently engaged in terrorist activity, and the
actions to be taken under subparagraph (A) will
substantially mitigate the risk of recidivism with
regard to the individual to be transferred; and
(D) the transfer is in the national security
interests of the United States.
(2) Whenever the Secretary makes a determination under
paragraph (1), the Secretary shall submit to the appropriate
committees of Congress, not later than 30 days before the
transfer of the individual concerned, the following:
(A) A copy of the determination and the waiver
concerned.
(B) A statement of the basis for the determination,
including--
(i) an explanation why the transfer is in
the national security interests of the United
States; and
(ii) in the case of a waiver of
subparagraph (D) or (E) of subsection (b)(1),
an explanation why it is not possible to
certify that the risks addressed in the
subparagraph to be waived have been completely
eliminated.
(C) A summary of the alternative actions to be
taken to address the underlying purpose of, and to
mitigate the risks addressed in, the subparagraph or
subsection to be waived.
(D) The assessment required by subsection (b)(2).
(e) In this section:
(1) The term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the
Committee on Appropriations, and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the
Committee on Appropriations, and the Permanent
Select Committee on Intelligence of the House
of Representatives.
(2) The term ``individual detained at Guantanamo''
means any individual located at United States Naval
Station, Guantanamo Bay, Cuba, as of October 1, 2009,
who--
(A) is not a citizen of the United States
or a member of the Armed Forces of the United
States; and
(B) is--
(i) in the custody or under the
control of the Department of Defense;
or
(ii) otherwise under detention at
United States Naval Station, Guantanamo
Bay, Cuba.
(3) The term ``foreign terrorist organization''
means any organization so designated by the Secretary
of State under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
Sec. 8121. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any individual
described in subsection (c) for the purposes of detention or
imprisonment in the custody or under the effective control of
the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective
control of the Department of Defense; or
(B) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 8122. Of the funds made available to the Department
of Defense under ``Operation and Maintenance, Defense-Wide'' in
title II, $1,000,000 may be available to the Department to
competitively commission an independent assessment of the
current and prospective situation on the ground in Afghanistan
and Pakistan, including the strategic environment in and around
Afghanistan and Pakistan; the security, political, and economic
and reconstruction developments in those two countries; and
relevant policy recommendations relating thereto.
Sec. 8123. Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the
approximately $100,000,000,000 in efficiency savings identified
by the military departments in the defense budget covering
fiscal years 2012 through 2016 that are to be reinvested in the
priorities of the military departments. Such report shall
include an analysis of--
(1) each savings identified by the military
departments, including--
(A) the budget account from which such
savings will be derived;
(B) the number of military personnel and
full-time civilian employees of the Federal
Government affected by such savings;
(C) the estimated reductions in the number
and funding of contractor personnel caused by
such savings; and
(D) a specific description of activities or
services that will be affected by such savings,
including the locations of such activities or
services; and
(2) each reinvestment planned to be funded with
such savings, including--
(A) with respect to such reinvestment in
procurement and research, development, test and
evaluation accounts, the budget account to
which such savings will be reinvested,
including, by line item, the number of items to
be procured, as shown in annual P-1 and R-1
documents;
(B) with respect to such reinvestment in
military personnel and operation and
maintenance accounts, the budget account and
the subactivity (as shown in annual-1 and O-1
budget documents) to which such savings will be
reinvested;
(C) the number of military personnel and
full-time civilian employees of the Federal
Government affected by such reinvestment;
(D) the estimated number and funding of
contractor personnel affected by such
reinvestment; and
(E) a specific description of activities or
services that will be affected by such
reinvestment, including the locations of such
activities or services.
Sec. 8124. None of the funds made available by this Act
may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, any corporation that
any unpaid Federal tax liability that has been assessed, for
which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless
the agency has considered suspension or debarment of the
corporation and made a determination that this further action
is not necessary to protect the interests of the Government.
Sec. 8125. None of the funds made available by this Act
may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, any corporation that
was convicted of a felony criminal violation under any Federal
law within the preceding 24 months, where the awarding agency
is aware of the conviction, unless the agency has considered
suspension or debarment of the corporation and made a
determination that this further action is not necessary to
protect the interests of the Government.
(including transfer of funds)
Sec. 8126. There is hereby established in the Treasury of
the United States the ``Military Intelligence Program Transfer
Fund''. In addition to amounts provided elsewhere in this Act,
there is appropriated $310,758,000 for the ``Military
Intelligence Program Transfer Fund'': Provided, That of the
funds made available in this section, the Secretary of Defense
may transfer these funds only to ``Operation and Maintenance,
Defense-Wide'' or ``Research, Development, Test and Evaluation,
Defense-Wide'' and only for the purposes described in the
classified annex accompanying this Act: Provided further, That
the Secretary shall notify the congressional defense committees
in writing of the details of any such transfer not fewer than
15 days prior to making such transfers: Provided further, That
funds transferred shall be merged with and be available for the
same purposes and for the same time period as the
appropriations to which the funds are transferred: Provided
further, That this transfer authority is in addition to any
other transfer authority provided in this Act.
Sec. 8127. None of the funds made available by this Act
may be used in contravention of section 1590 or 1591 of title
18, United States Code, or in contravention of the requirements
of section 106(g) or (h) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7104(g) or (h)).
Sec. 8128. None of the funds made available by this Act
for international military education and training, foreign
military financing, excess defense articles, assistance under
section 1206 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), issuance
for direct commercial sales of military equipment, or
peacekeeping operations for the countries of Chad, Yemen,
Somalia, Sudan, Democratic Republic of the Congo, and Burma may
be used to support any military training or operations that
include child soldiers, as defined by the Child Soldiers
Prevention Act of 2008, and except if such assistance is
otherwise permitted under section 404 of the Child Soldiers
Prevention Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1).
Sec. 8129. None of the funds made available by this Act
may be used in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.).
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$7,195,335,000: Provided, That such amounts in this paragraph
are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,259,234,000: Provided, That such amounts in this paragraph
are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $714,360,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $1,492,381,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$207,162,000: Provided, That such amounts in this paragraph
are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$44,530,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine
Corps'', $25,421,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'' $26,815,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $664,579,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $9,435,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $44,794,156,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $7,674,026,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $3,935,210,000: Provided, That such amounts in
this paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $10,879,347,000: Provided, That such amounts in
this paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $9,252,211,000: Provided, That each amount in
this section is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That of the
funds provided under this heading: Not to exceed
$1,690,000,000, to remain available until September 30, 2013,
for payments to reimburse key cooperating nations for
logistical, military, and other support, including access,
provided to United States military operations in support of
Operation Enduring Freedom, Operation New Dawn, and post-
operation Iraq border security related to the activities of the
Office of Security Cooperation in Iraq, notwithstanding any
other provision of law: Provided further, That such
reimbursement payments may be made in such amounts as the
Secretary of Defense, with the concurrence of the Secretary of
State, and in consultation with the Director of the Office of
Management and Budget, may determine, in his discretion, based
on documentation determined by the Secretary of Defense to
adequately account for the support provided, and such
determination is final and conclusive upon the accounting
officers of the United States, and 15 days following
notification to the appropriate congressional committees:
Provided further, That the requirement to provide notification
shall not apply with respect to a reimbursement for access
based on an international agreement: Provided further, That
these funds may be used for the purpose of providing
specialized training and procuring supplies and specialized
equipment and providing such supplies and loaning such
equipment on a non-reimbursable basis to coalition forces
supporting United States military operations in Afghanistan,
and 15 days following notification to the appropriate
congressional committees: Provided further, That the Secretary
of Defense shall provide quarterly reports to the congressional
defense committees on the use of funds provided in this
paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $217,500,000: Provided, That such amounts in
this paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $74,148,000: Provided, That such amounts in
this paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $36,084,000: Provided, That such
amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $142,050,000: Provided, That such amounts
in this paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $377,544,000: Provided, That such
amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance,
Air National Guard'', $34,050,000: Provided, That such amounts
in this paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Afghanistan Infrastructure Fund
(including transfer of funds)
For the ``Afghanistan Infrastructure Fund'', $400,000,000,
to remain available until September 30, 2013: Provided, That
such sums shall be available for infrastructure projects in
Afghanistan, notwithstanding any other provision of law, which
shall be undertaken by the Secretary of State, unless the
Secretary of State and the Secretary of Defense jointly decide
that a specific project will be undertaken by the Department of
Defense: Provided further, That the infrastructure referred to
in the preceding proviso is in support of the counterinsurgency
strategy, requiring funding for facility and infrastructure
projects, including, but not limited to, water, power, and
transportation projects and related maintenance and sustainment
costs: Provided further, That the authority to undertake such
infrastructure projects is in addition to any other authority
to provide assistance to foreign nations: Provided further,
That any projects funded by this appropriation shall be jointly
formulated and concurred in by the Secretary of State and
Secretary of Defense: Provided further, That funds may be
transferred to the Department of State for purposes of
undertaking projects, which funds shall be considered to be
economic assistance under the Foreign Assistance Act of 1961
for purposes of making available the administrative authorities
contained in that Act: Provided further, That the transfer
authority in the preceding proviso is in addition to any other
authority available to the Department of Defense to transfer
funds: Provided further, That any unexpended funds transferred
to the Secretary of State under this authority shall be
returned to the Afghanistan Infrastructure Fund if the
Secretary of State, in coordination with the Secretary of
Defense, determines that the project cannot be implemented for
any reason, or that the project no longer supports the
counterinsurgency strategy in Afghanistan: Provided further,
That any funds returned to the Secretary of Defense under the
previous proviso shall be available for use under this
appropriation and shall be treated in the same manner as funds
not transferred to the Secretary of State: Provided further,
That contributions of funds for the purposes provided herein to
the Secretary of State in accordance with section 635(d) of the
Foreign Assistance Act from any person, foreign government, or
international organization may be credited to this Fund, to
remain available until expended, and used for such purposes:
Provided further, That the Secretary of Defense shall, not
fewer than 15 days prior to making transfers to or from, or
obligations from the Fund, notify the appropriate committees of
Congress in writing of the details of any such transfer:
Provided further, That the ``appropriate committees of
Congress'' are the Committees on Armed Services, Foreign
Relations and Appropriations of the Senate and the Committees
on Armed Services, Foreign Affairs and Appropriations of the
House of Representatives: Provided further, That such amounts
in this paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'',
$11,200,000,000, to remain available until September 30, 2013:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for the
purpose of allowing the Commander, Combined Security Transition
Command--Afghanistan, or the Secretary's designee, to provide
assistance, with the concurrence of the Secretary of State, to
the security forces of Afghanistan, including the provision of
equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and
funding: Provided further, That the authority to provide
assistance under this heading is in addition to any other
authority to provide assistance to foreign nations: Provided
further, That contributions of funds for the purposes provided
herein from any person, foreign government, or international
organization may be credited to this Fund and used for such
purposes: Provided further, That the Secretary of Defense
shall notify the congressional defense committees in writing
upon the receipt and upon the obligation of any contribution,
delineating the sources and amounts of the funds received and
the specific use of such contributions: Provided further, That
the Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the
congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of
Defense shall notify the congressional defense committees of
any proposed new projects or transfer of funds between budget
sub-activity groups in excess of $20,000,000: Provided
further, That such amounts in this paragraph are designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $1,137,381,000, to remain available until September 30,
2014: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$126,556,000, to remain available until September 30, 2014:
Provided, That such amounts in this paragraph are designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $37,117,000, to remain
available until September 30, 2014: Provided, That such
amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $208,381,000, to remain available until September 30,
2014: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,334,345,000, to remain available until September 30, 2014:
Provided, That such amounts in this paragraph are designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $480,935,000, to remain available until September 30,
2014: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$41,070,000, to remain available until September 30, 2014:
Provided, That such amounts in this paragraph are designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $317,100,000, to remain available
until September 30, 2014: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$236,125,000, to remain available until September 30, 2014:
Provided, That such amounts in this paragraph are designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$1,233,996,000, to remain available until September 30, 2014:
Provided, That such amounts in this paragraph are designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $1,235,777,000, to remain available until September
30, 2014: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $41,220,000, to remain available until September 30,
2014: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition,
Air Force'', $109,010,000, to remain available until September
30, 2014: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $3,088,510,000, to remain available until September
30, 2014: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$405,768,000, to remain available until September 30, 2014:
Provided, That such amounts in this paragraph are designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons and other procurement for
the reserve components of the Armed Forces, $1,000,000,000, to
remain available for obligation until September 30, 2014:
Provided, That the Chiefs of National Guard and Reserve
components shall, not later than 30 days after the enactment of
this Act, individually submit to the congressional defense
committees the modernization priority assessment for their
respective National Guard or Reserve component: Provided
further, That such amounts in this paragraph are designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Mine Resistant Ambush Protected Vehicle Fund
(including transfer of funds)
For the Mine Resistant Ambush Protected Vehicle Fund,
$2,600,170,000, to remain available until September 30, 2013:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, to
procure, sustain, transport, and field Mine Resistant Ambush
Protected vehicles: Provided further, That the Secretary shall
transfer such funds only to appropriations made available in
this or any other Act for operation and maintenance;
procurement; research, development, test and evaluation; and
defense working capital funds to accomplish the purpose
provided herein: Provided further, That such transferred funds
shall be merged with and be available for the same purposes and
the same time period as the appropriation to which transferred:
Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department of
Defense: Provided further, That the Secretary shall, not fewer
than 10 days prior to making transfers from this appropriation,
notify the congressional defense committees in writing of the
details of any such transfer: Provided further, That such
amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $18,513,000, to remain available until
September 30, 2013: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $53,884,000, to remain available until
September 30, 2013: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $259,600,000, to remain available
until September 30, 2013: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $194,361,000, to remain
available until September 30, 2013: Provided, That such
amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $435,013,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,228,288,000, which shall be for operation and maintenance,
to remain available until September 30, 2012: Provided, That
such amounts in this paragraph are designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $456,458,000, to remain
available until September 30, 2013: Provided, That such
amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$2,441,984,000, to remain available until September 30, 2014:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for the
purpose of allowing the Director of the Joint Improvised
Explosive Device Defeat Organization to investigate, develop
and provide equipment, supplies, services, training,
facilities, personnel and funds to assist United States forces
in the defeat of improvised explosive devices: Provided
further, That the Secretary of Defense may transfer funds
provided herein to appropriations for military personnel;
operation and maintenance; procurement; research, development,
test and evaluation; and defense working capital funds to
accomplish the purpose provided herein: Provided further, That
this transfer authority is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That the Secretary of Defense shall, not fewer than 15
days prior to making transfers from this appropriation, notify
the congressional defense committees in writing of the details
of any such transfer: Provided further, That such amounts in
this paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $11,055,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law,
funds made available in this title are in addition to amounts
appropriated or otherwise made available for the Department of
Defense for fiscal year 2012.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may, with the approval of the Office of
Management and Budget, transfer up to $4,000,000,000 between
the appropriations or funds made available to the Department of
Defense in this title: Provided, That the Secretary shall
notify the Congress promptly of each transfer made pursuant to
the authority in this section: Provided further, That the
authority provided in this section is in addition to any other
transfer authority available to the Department of Defense and
is subject to the same terms and conditions as the authority
provided in the Department of Defense Appropriations Act, 2012.
Sec. 9003. Supervision and administration costs associated
with a construction project funded with appropriations
available for operation and maintenance, ``Afghanistan
Infrastructure Fund'', or the ``Afghanistan Security Forces
Fund'' provided in this Act and executed in direct support of
overseas contingency operations in Afghanistan, may be
obligated at the time a construction contract is awarded:
Provided, That for the purpose of this section, supervision and
administration costs include all in-house Government costs.
Sec. 9004. From funds made available in this title, the
Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in the U.S.
Central Command area of responsibility: (a) passenger motor
vehicles up to a limit of $75,000 per vehicle; and (b) heavy
and light armored vehicles for the physical security of
personnel or for force protection purposes up to a limit of
$250,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying
vehicles.
Sec. 9005. Not to exceed $400,000,000 of the amount
appropriated in this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other
provision of law, to fund the Commander's Emergency Response
Program (CERP), for the purpose of enabling military commanders
in Afghanistan to respond to urgent, small-scale, humanitarian
relief and reconstruction requirements within their areas of
responsibility: Provided, That each project (including any
ancillary or related elements in connection with such project)
executed under this authority shall not exceed $20,000,000:
Provided further, That not later than 45 days after the end of
each fiscal year quarter, the Secretary of Defense shall submit
to the congressional defense committees a report regarding the
source of funds and the allocation and use of funds during that
quarter that were made available pursuant to the authority
provided in this section or under any other provision of law
for the purposes described herein: Provided further, That, not
later than 30 days after the end of each month, the Army shall
submit to the congressional defense committees monthly
commitment, obligation, and expenditure data for the
Commander's Emergency Response Program in Afghanistan:
Provided further, That not less than 15 days before making
funds available pursuant to the authority provided in this
section or under any other provision of law for the purposes
described herein for a project with a total anticipated cost
for completion of $5,000,000 or more, the Secretary shall
submit to the congressional defense committees a written notice
containing each of the following:
(1) The location, nature and purpose of the
proposed project, including how the project is intended
to advance the military campaign plan for the country
in which it is to be carried out.
(2) The budget, implementation timeline with
milestones, and completion date for the proposed
project, including any other CERP funding that has been
or is anticipated to be contributed to the completion
of the project.
(3) A plan for the sustainment of the proposed
project, including the agreement with either the host
nation, a non-Department of Defense agency of the
United States Government or a third-party contributor
to finance the sustainment of the activities and
maintenance of any equipment or facilities to be
provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense
for operation and maintenance may be used, notwithstanding any
other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other
logistical support to coalition forces supporting military and
stability operations in Iraq and Afghanistan: Provided, That
the Secretary of Defense shall provide quarterly reports to the
congressional defense committees regarding support provided
under this section.
Sec. 9007. None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base
for the purpose of providing for the permanent
stationing of United States Armed Forces in Iraq.
(2) To exercise United States control over any oil
resource of Iraq.
(3) To establish any military installation or base
for the purpose of providing for the permanent
stationing of United States Armed Forces in
Afghanistan.
Sec. 9008. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on December
10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law
105-277; 112 Stat. 2681-822; 8 U.S.C. 1231 note) and
regulations prescribed thereto, including regulations
under part 208 of title 8, Code of Federal Regulations,
and part 95 of title 22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of
Defense, Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006 (Public Law 109-148).
Sec. 9009. None of the funds provided for the
``Afghanistan Security Forces Fund'' (ASFF) may be obligated
prior to the approval of a financial and activity plan by the
Afghanistan Resources Oversight Council (AROC) of the
Department of Defense: Provided, That the AROC must approve
the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-
standard equipment requirements in excess of $100,000,000 using
ASFF: Provided further, That the AROC must approve all
projects and the execution plan under the ``Afghanistan
Infrastructure Fund'' (AIF) and any project in excess of
$5,000,000 from the Commanders Emergency Response Program
(CERP): Provided further, That the Department of Defense must
certify to the congressional defense committees that the AROC
has convened and approved a process for ensuring compliance
with the requirements in the preceding provisos and
accompanying report language for the ASFF, AIF, and CERP.
Sec. 9010. (a) Funding for Outreach and Reintegration
Services Under Yellow Ribbon Reintegration Program.--Of the
amounts appropriated or otherwise made available by title IX,
up to $20,000,000 may be available for outreach and
reintegration services under the Yellow Ribbon Reintegration
Program under section 582(h) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 125; 10 U.S.C. 10101 note).
(b) Supplement Not Supplant.--The amount made available by
subsection (a) for the services described in that subsection is
in addition to any other amounts available in this Act for such
services.
Sec. 9011. Funds made available in this title to the
Department of Defense for operation and maintenance may be used
to purchase items having an investment unit cost of not more
than $250,000: Provided, That, upon determination by the
Secretary of Defense that such action is necessary to meet the
operational requirements of a Commander of a Combatant Command
engaged in contingency operations overseas, such funds may be
used to purchase items having an investment item unit cost of
not more than $500,000.
Sec. 9012. Notwithstanding any other provision of law, up
to $150,000,000 of funds made available in this title under the
heading ``Operation and Maintenance, Army'' may be obligated
and expended for purposes of the Task Force for Business and
Stability Operations, subject to the direction and control of
the Secretary of Defense, with concurrence of the Secretary of
State, to carry out strategic business and economic assistance
activities in Afghanistan in support of Operation Enduring
Freedom: Provided, That not less than 15 days before making
funds available pursuant to the authority provided in this
section for any project with a total anticipated cost of
$5,000,000 or more, the Secretary shall submit to the
congressional defense committees a written notice containing a
detailed justification and timeline for each proposed project.
Sec. 9013. From funds made available to the Department of
Defense in this title under the heading ``Operation and
Maintenance, Air Force'' up to $524,000,000 may be used by the
Secretary of Defense, notwithstanding any other provision of
law, to support United States Government transition activities
in Iraq by funding the operations and activities of the Office
of Security Cooperation in Iraq and security assistance teams,
including life support, transportation and personal security,
and facilities renovation and construction: Provided, That not
less than 15 days before making funds available pursuant to the
authority provided in this section, the Secretary shall submit
to the congressional defense committees a written notice
containing a detailed justification and timeline for each
proposed site.
Sec. 9014. The amounts appropriated in title IX of this
Act are hereby reduced by $4,042,500,000 to reflect reduced
troop strength in theater: Provided, That the reductions shall
be applied to the military personnel and operation and
maintenance appropriations only: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to
reducing funds for this purpose, notify the congressional
defense committees in writing of the details of any such
reduction by appropriation and budget line item.
Sec. 9015. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That such amounts are designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985:
``Overseas Contingency Operations Transfer Fund,
2010'', $356,810,000;
``Procurement of Ammunition, Army, 2010/2012'',
$21,000,000;
``Other Procurement, Air Force, 2010/2012'',
$2,250,000.
This division may be cited as the ``Department of
Defense Appropriations Act, 2012''.
DIVISION B--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2012
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the
collection and study of basic information pertaining to river
and harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related needs; for surveys
and detailed studies, and plans and specifications of proposed
river and harbor, flood and storm damage reduction, shore
protection, and aquatic ecosystem restoration projects and
related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations and,
when authorized by law, surveys and detailed studies, and plans
and specifications of projects prior to construction,
$125,000,000, to remain available until expended.
construction
For expenses necessary for the construction of river and
harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related projects authorized
by law; for conducting detailed studies, and plans and
specifications, of such projects (including those involving
participation by States, local governments, or private groups)
authorized or made eligible for selection by law (but such
detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$1,694,000,000, to remain available until expended; of which
such sums as are necessary to cover the Federal share of
construction costs for facilities under the Dredged Material
Disposal Facilities program shall be derived from the Harbor
Maintenance Trust Fund as authorized by Public Law 104-303; and
of which such sums as are necessary to cover one-half of the
costs of construction, replacement, rehabilitation, and
expansion of inland waterways projects (including only Olmsted
Lock and Dam, Ohio River, Illinois and Kentucky; Emsworth Locks
and Dam, Ohio River, Pennsylvania; Lock and Dams 2, 3, and 4,
Monongahela River, Pennsylvania; and Lock and Dam 27,
Mississippi River, Illinois) shall be derived from the Inland
Waterways Trust Fund.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley
below Cape Girardeau, Missouri, as authorized by law,
$252,000,000, to remain available until expended, of which such
sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for inland harbors shall be
derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related projects
authorized by law; providing security for infrastructure owned
or operated by the Corps, including administrative buildings
and laboratories; maintaining harbor channels provided by a
State, municipality, or other public agency that serve
essential navigation needs of general commerce, where
authorized by law; surveying and charting northern and
northwestern lakes and connecting waters; clearing and
straightening channels; and removing obstructions to
navigation, $2,412,000,000, to remain available until expended,
of which such sums as are necessary to cover the Federal share
of eligible operation and maintenance costs for coastal harbors
and channels, and for inland harbors shall be derived from the
Harbor Maintenance Trust Fund; of which such sums as become
available from the special account for the Corps of Engineers
established by the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-6a(i)) shall be derived from that account for
resource protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which
outdoor recreation is available; and of which such sums as
become available from fees collected under section 217 of
Public Law 104-303 shall be used to cover the cost of operation
and maintenance of the dredged material disposal facilities for
which such fees have been collected: Provided, That 1 percent
of the total amount of funds provided for each of the programs,
projects or activities funded under this heading shall not be
allocated to a field operating activity prior to the beginning
of the fourth quarter of the fiscal year and shall be available
for use by the Chief of Engineers to fund such emergency
activities as the Chief of Engineers determines to be necessary
and appropriate, and that the Chief of Engineers shall allocate
during the fourth quarter any remaining funds which have not
been used for emergency activities proportionally in accordance
with the amounts provided for the programs, projects or
activities.
regulatory program
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$193,000,000, to remain available until September 30, 2013.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation's early atomic energy program, $109,000,000, to
remain available until expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations,
repairs, and other activities in response to such disasters as
authorized by law, $27,000,000, to remain available until
expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division
Engineers; and for costs of management and operation of the
Humphreys Engineer Center Support Activity, the Institute for
Water Resources, the United States Army Engineer Research and
Development Center, and the United States Army Corps of
Engineers Finance Center allocable to the civil works program,
$185,000,000, to remain available until September 30, 2013, of
which not to exceed $5,000 may be used for official reception
and representation purposes and only during the current fiscal
year: Provided, That no part of any other appropriation
provided in title I of this Act shall be available to fund the
civil works activities of the Office of the Chief of Engineers
or the civil works executive direction and management
activities of the division offices: Provided further, That any
Flood Control and Coastal Emergencies appropriation may be used
to fund the supervision and general administration of emergency
operations, repairs, and other activities in response to any
flood, hurricane, or other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for
Civil Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000,
to remain available until September 30, 2013.
administrative provision
The Revolving Fund, Corps of Engineers, shall be available
during the current fiscal year for purchase (not to exceed 100
for replacement only) and hire of passenger motor vehicles for
the civil works program.
general provisions--corps of engineers--civil
(including transfers of funds)
Sec. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the
agencies or entities funded in title I of this Act that remain
available for obligation or expenditure in fiscal year 2012,
shall be available for obligation or expenditure through a
reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program,
project, or activity for which funds have been denied
or restricted by this Act, unless prior approval is
received from the House and Senate Committees on
Appropriations;
(4) proposes to use funds directed for a specific
activity for a different purpose, unless prior approval
is received from the House and Senate Committees on
Appropriations;
(5) augments or reduces existing programs, projects
or activities in excess of the amounts contained in
subsections 6 through 10, unless prior approval is
received from the House and Senate Committees on
Appropriations;
(6) Investigations.--For a base level over
$100,000, reprogramming of 25 percent of the base
amount up to a limit of $150,000 per project, study or
activity is allowed: Provided, That for a base level
less than $100,000, the reprogramming limit is $25,000:
Provided further, That up to $25,000 may be
reprogrammed into any continuing study or activity that
did not receive an appropriation for existing
obligations and concomitant administrative expenses;
(7) Construction.--For a base level over
$2,000,000, reprogramming of 15 percent of the base
amount up to a limit of $3,000,000 per project, study
or activity is allowed: Provided, That for a base
level less than $2,000,000, the reprogramming limit is
$300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed
conditions, or real estate deficiency judgments:
Provided further, That up to $300,000 may be
reprogrammed into any continuing study or activity that
did not receive an appropriation for existing
obligations and concomitant administrative expenses;
(8) Operation and maintenance.--Unlimited
reprogramming authority is granted in order for the
Corps to be able to respond to emergencies: Provided,
That the Chief of Engineers must notify the House and
Senate Committees on Appropriations of these emergency
actions as soon thereafter as practicable: Provided
further, That for a base level over $1,000,000,
reprogramming of 15 percent of the base amount a limit
of $5,000,000 per project, study or activity is
allowed: Provided further, That for a base level less
than $1,000,000, the reprogramming limit is $150,000:
Provided further, That $150,000 may be reprogrammed
into any continuing study or activity that did not
receive an appropriation;
(9) Mississippi river and tributaries.--The same
reprogramming guidelines for the Investigations,
Construction, and Operation and Maintenance portions of
the Mississippi River and Tributaries Account as listed
above; and
(10) Formerly utilized sites remedial action
program.--Reprogramming of up to 15 percent of the base
of the receiving project is permitted.
(b) De Minimus Reprogrammings.--In no case should a
reprogramming for less than $50,000 be submitted to the House
and Senate Committees on Appropriations.
(c) Continuing Authorities Program.--Subsection (a)(1)
shall not apply to any project or activity funded under the
continuing authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Corps of Engineers shall submit a report to the
House and Senate Committees on Appropriations to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided, That the
report shall include:
(1) A table for each appropriation with a separate
column to display the President's budget request,
adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal
year enacted level;
(2) A delineation in the table for each
appropriation both by object class and program, project
and activity as detailed in the budget appendix for the
respective appropriations; and
(3) An identification of items of special
congressional interest.
Sec. 102. None of the funds made available in this title
may be used to award or modify any contract that commits funds
beyond the amounts appropriated for that program, project, or
activity that remain unobligated, except that such amounts may
include any funds that have been made available through
reprogramming pursuant to section 101.
Sec. 103. None of the funds in this Act, or previous Acts,
making funds available for Energy and Water Development, shall
be used to award any continuing contract that commits
additional funding from the Inland Waterways Trust Fund unless
or until such time that a long-term mechanism to enhance
revenues in this Fund sufficient to meet the cost-sharing
authorized in the Water Resources Development Act of 1986
(Public Law 99-662) is enacted.
Sec. 104. Within 120 days of the date of the Chief of
Engineers Report on a water resource matter, the Assistant
Secretary of the Army (Civil Works) shall submit the report to
the appropriate authorizing and appropriating committees of the
Congress.
Sec. 105. During the fiscal year period covered by this
Act, the Secretary of the Army is authorized to implement
measures recommended in the efficacy study authorized under
section 3061 of the Water Resources Development Act of 2007
(121 Stat. 1121) or in interim reports, with such modifications
or emergency measures as the Secretary of the Army determines
to be appropriate, to prevent aquatic nuisance species from
dispersing into the Great Lakes by way of any hydrologic
connection between the Great Lakes and the Mississippi River
Basin.
Sec. 106. The Secretary is authorized to transfer to
``Corps of Engineers--Civil--Construction'' up to $100,000,000
of the funds provided for reinforcing or replacing flood walls
under the heading ``Corps of Engineers--Civil--Flood Control
and Coastal Emergencies'' in Public Law 109-234 and Public Law
110-252 and up to $75,000,000 of the funds provided for
projects and measures for the West Bank and Vicinity and Lake
Ponchartrain and Vicinity projects under the heading ``Corps of
Engineers--Civil--Flood Control and Coastal Emergencies'' in
Public Law 110-28, to be used with funds provided for the West
Bank and Vicinity project under the heading ``Corps of
Engineers--Civil--Construction'' in Public Law 110-252 and
Public Law 110-329, consistent with 65 percent Federal and 35
percent non-Federal cost share and the financing of, and
payment terms for, the non-Federal cash contribution associated
with the West Bank and Vicinity project.
Sec. 107. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service
may accept and expend, up to $3,800,000 of funds provided in
this title under the heading ``Operation and Maintenance'' to
mitigate for fisheries lost due to Corps of Engineers projects.
Sec. 108. The Secretary of the Army may authorize a member
of the Armed Forces under the Secretary's jurisdiction and
employees of the Department of the Army to serve without
compensation as director, officer, or otherwise in the
management of the organization established to support and
maintain the participation of the United States in the
permanent international commission of the congresses of
navigation, or any successor entity.
Sec. 109. (a) Acquisition.--The Secretary is authorized to
acquire any real property and associated real property
interests in the vicinity of Hanover, New Hampshire as may be
needed for the Engineer Research and Development Center
laboratory facilities at the Cold Regions Research and
Engineering Laboratory. This real property to be acquired
consists of 18.5 acres more or less, identified as Tracts 101-1
and 101-2, together with all necessary easements located
entirely within the Town of Hanover, New Hampshire. The real
property is generally bounded to the east by state route 10-
Lyme Road, to the north by the vacant property of the Trustees
of the Dartmouth College, to the south by Fletcher Circle
graduate student housing owned by the Trustees of Dartmouth
College, and to the west by approximately 9 acres of real
property acquired in fee through condemnation in 1981 by the
Secretary of the Army.
(b) Revolving Fund.--The Secretary is authorized to use the
Revolving Fund (33 U.S.C. 576) through the Plant Replacement
and Improvement Program to acquire the real property and
associated real property interests in subsection (a). The
Secretary shall ensure that the Revolving Fund is appropriately
reimbursed from the benefitting appropriations.
(c) Right of First Refusal.--The Secretary may provide the
Seller of any real property and associated property interests
identified in subsection (a)--
(1) a right of first refusal to acquire such
property, or any portion thereof, in the event the
property, or any portion thereof, is no longer needed
by the Department of the Army.
(2) a right of first refusal to acquire any real
property or associated real property interests acquired
by condemnation in Civil Action No. 81-360-L, in the
event the property, or any portion thereof, is no
longer needed by the Department of the Army.
(3) the purchase of any property by the Seller
exercising either right of first refusal authorized in
this section shall be for consideration acceptable to
the Secretary and shall be for not less than fair
market value at the time the property becomes available
for purchase. The right of first refusal authorized in
this section shall not inure to the benefit of the
Sellers successors or assigns.
(d) Disposal.--The Secretary of the Army is authorized to
dispose of any property or associated real property interests
that are subject to the exercise of the right of first refusal
as set forth herein.
Sec. 110. None of the funds made available in this Act may
be used by the Corps of Engineers to relocate, or study the
relocation of, any regional division headquarters of the Corps
located at a military installation or any permanent employees
of such headquarters.
Sec. 111. (a) Section 5 of the Act entitled ``An Act
authorizing the construction of certain public works on rivers
and harbors for flood control, and for other purposes,''
approved June 22, 1936, (33 U.S.C. 701h), is amended by--
(1) inserting ``for work, which includes planning
and design,'' before ``to be expended'';
(2) striking ``flood control or environmental
restoration work'' and inserting ``water resources
development study or project''; and
(3) inserting ``: Provided further, That the term
`States' means the several States, the District of
Columbia, the commonwealths, territories, and
possessions of the United States, and Federally
recognized Indian tribes'' before the period.
(b) The Secretary shall notify the appropriate committees
of Congress prior to initiation of negotiations for accepting
contributed funds under 33 U.S.C. 701h.
Sec. 112. With respect to the property covered by the deed
described in Auditor's instrument No. 2006-014428 of Benton
County, Washington, approximately 1.5 acres, the following deed
restrictions are hereby extinguished and of no further force
and effect:
(1) The reversionary interest and use restrictions
related to port and industrial purposes;
(2) The right for the District Engineer to review
all pre-construction plans and/or specifications
pertaining to construction and/or maintenance of any
structure intended for human habitation, if the
elevation of the property is above the standard project
flood elevation; and
(3) The right of the District Engineer to object
to, and thereby prevent, in his/her discretion, such
activity.
Sec. 113. That portion of the project for navigation,
Block Island Harbor of Refuge, Rhode Island adopted by the
Rivers and Harbors Act of July 11, 1870, consisting of the cut-
stone breakwater lining the west side of the Inner Basin;
beginning at a point with coordinates N32579.55, E312625.53,
thence running northerly about 76.59 feet to a point with
coordinates N32655.92, E312631.32, thence running northerly
about 206.81 feet to a point with coordinates N32858.33,
E312673.74, thence running easterly about 109.00 feet to a
point with coordinates N32832.15, E312779.54, shall no longer
be authorized after the date of enactment.
Sec. 114. The Secretary of the Army, acting through the
Chief of Engineers, is authorized, using amounts available in
the Revolving Fund established by section 101 of the Act of
July 27, 1953, chap. 245 (33 U.S.C. 576), to construct a
Consolidated Infrastructure Research Equipment Facility, an
Environmental Processes and Risk Lab, a Hydraulic Research
Facility, an Engineer Research and Development Center
headquarters building, a Modular Hydraulic Flume building, and
to purchase real estate, perform construction, and make
facility, utility, street, road, and infrastructure
improvements to the Engineer Research and Development Center's
installations and facilities. The Secretary shall ensure that
the Revolving Fund is appropriately reimbursed from the
benefitting appropriations.
Sec. 115. Section 1148 of the Water Resources Development
Act of 1986 (100 Stat. 4254; 110 Stat. 3718; 114 Stat. 2609) is
amended by striking subsection (b) and inserting the following:
``(b) Disposition of Acquired Land.--The Secretary may
transfer land acquired under this section to the non-Federal
sponsor by quitclaim deed subject to such terms and conditions
as the Secretary determines to be in the public interest.''.
Sec. 116. The New London Disposal Site and the Cornfield
Shoals Disposal Site in Long Island Sound selected by the
Department of the Army as alternative dredged material disposal
sites under section 103(b) of the Marine Protection, Research,
and Sanctuaries Act of 1972, as amended, shall remain open for
5 years after enactment of this Act to allow for completion of
a Supplemental Environmental Impact Statement to support final
designation of an Ocean Dredged Material Disposal Site in
eastern Long Island Sound under section 102(c) of the Marine
Protection, Research, and Sanctuaries Act of 1972.
Sec. 117. (a) That portion of the project for navigation,
Newport Harbor, Rhode Island adopted by the Rivers and Harbors
Acts of March 2, 1907 (34 Stat. 1075); June 25, 1910 (36 Stat.
632); August 26, 1937 (50 Stat. 845); and, modified by the
Consolidated Appropriations Act, 2000, Public Law 106-113,
appendix E, title II, section 221 (113 Stat. 1501A-298);
consisting of a 13-foot anchorage, an 18-foot anchorage, a 21-
foot channel, and 18-foot channels described by the following
shall no longer be authorized after the date of enactment of
this Act: the 21-Foot Entrance Channel, beginning at a point
(1) with coordinates 374986.03, 150611.01; thence running south
46 degrees 54 minutes 30.7 seconds east 900.01 feet to a point
(2) with coordinates 375643.27, 149996.16; thence running south
8 degrees 4 minutes 58.3 east 2,376.87 feet to a point (3) with
coordinates 375977.47, 147643.00; thence running south 4
degrees 28 minutes 20.4 seconds west 738.56 feet to a point (4)
with coordinates 375919.88, 146906.60; thence running south 6
degrees 2 minutes 42.4 seconds east 1,144.00 feet to a point
(5) with coordinates 376040.35, 145768.96; thence running south
34 degrees 5 minutes 51.7 seconds west 707.11 feet to a point
(6) with coordinates 375643.94, 145183.41; thence running south
73 degrees 11 minutes 42.9 seconds west 1,300.00 feet to the
end point (7) with coordinates 374399.46, 144807.57; Returning
at a point with coordinates (8) with coordinates 374500.64,
144472.51; thence running north 73 degrees 11 minutes 42.9
seconds east 1,582.85 feet to a point (9) with coordinates
376015.90, 144930.13; thence running north 34 degrees 5 minutes
51.7 seconds east 615.54 feet to a point (10) with coordinates
376360.97, 145439.85; thence running north 2 degrees 10 minutes
43.3 seconds west 2,236.21 feet to a point (11) with
coordinates 376275.96, 147674.45; thence running north 8
degrees 4 minutes 55.6 seconds west 2,652.83 feet to a point
(12) with coordinates 375902.99, 150300.93; thence running
north 46 degrees 54 minutes 30.7 seconds west 881.47 feet to an
end point (13) with coordinates 375259.29, 150903.12; and the
18-Foot South Goat Island Channel beginning at a point (14)
with coordinates 375509.09, 149444.83; thence running south 25
degrees 44 minutes 0.5 second east 430.71 feet to a point (15)
with coordinates 375696.10, 149056.84; thence running south 10
degrees 13 minutes 27.4 seconds east 1,540.89 feet to a point
(16) with coordinates 375969.61, 147540.41; thence running
south 4 degrees 29 minutes 11.3 seconds west 1,662.92 feet to a
point (17) with coordinates 375839.53, 145882.59; thence
running south 34 degrees 5 minutes 51.7 seconds west 547.37
feet to a point (18) with coordinates 375532.67, 145429.32;
thence running south 86 degrees 47 minutes 37.7 seconds west
600.01 feet to an end point (19) with coordinates 374933.60,
145395.76; and the 18-Foot Entrance Channel beginning at a
point (20) with coordinates 374567.14, 144252.33; thence
running north 73 degrees 11 minutes 42.9 seconds east 1,899.22
feet to a point (21) with coordinates 376385.26, 144801.42;
thence running north 2 degrees 10 minutes 41.5 seconds west
638.89 feet to an end point (10) with coordinates 376360.97,
145439.85; and the 18-Foot South Anchorage beginning at a point
(22) with coordinates 376286.81, 147389.37; thence running
north 78 degrees 56 minutes 15.6 seconds east 404.86 feet to a
point (23) with coordinates 376684.14, 147467.05; thence
running north 78 degrees 56 minutes 15.6 seconds east 1,444.33
feet to a point (24) with coordinates 378101.63, 147744.18;
thence running south 5 degrees 18 minutes 43.8 seconds west
1,228.20 feet to a point (25) with coordinates 377987.92,
146521.26; thence running south 3 degrees 50 minutes 3.4
seconds east 577.84 feet to a point (26) with coordinates
378026.56, 145944.71; thence running south 44 degrees 32
minutes 14.7 seconds west 2,314.09 feet to a point (27) with
coordinates 376403.52, 144295.24 thence running south 60
degrees 5 minutes 58.2 seconds west 255.02 feet to an end point
(28) with coordinates 376182.45, 144168.12; and the 13-Foot
Anchorage beginning at a point (29) with coordinates 376363.39,
143666.99; thence running north 63 degrees 34 minutes 19.3
seconds east 1,962.37 feet to a point (30) with coordinates
378120.68, 144540.38; thence running north 3 degrees 50 minutes
3.1 seconds west 1,407.47 feet to an end point (26) with
coordinates 378026.56, 145944.71; and the 18-Foot East Channel
beginning at a point (23) with coordinates 376684.14,
147467.05; thence running north 2 degrees 10 minutes 43.3
seconds west 262.95 feet to a point (31) with coordinates
376674.14, 147729.81; thence running north 9 degrees 42 minutes
20.3 seconds west 301.35 feet to a point (32) with coordinates
376623.34, 148026.85; thence running south 80 degrees 17
minutes 42.4 seconds west 313.6 feet to a point (33) with
coordinates 376314.23, 147973.99; thence running north 7
degrees 47 minutes 21.9 seconds west 776.24 feet to an end
point (34) with coordinates 376209.02, 148743.06; and the 18-
Foot North Anchorage beginning at a point (35) with coordinates
376123.98, 148744.69; thence running south 88 degrees 54
minutes 16.2 seconds east 377.90 feet to a point (36) with
coordinates 376501.82, 148737.47; thence running north 9
degrees 42 minutes 19.0 seconds west 500.01 feet to a point
(37) with coordinates 376417.52, 149230.32; thence running
north 6 degrees 9 minutes 53.2 seconds west 1,300.01 feet to an
end point (38) with coordinates 376277.92, 150522.81.
(b) The area described by the following shall be
redesignated as an eighteen-foot channel and turning basin:
Beginning at a point (1) with coordinates N144759.41,
E374413.16; thence running north 73 degrees 11 minutes 42.9
seconds east 1,252.88 feet to a point (2) with coordinates
N145121.63, E375612.53; thence running north 26 degrees 29
minutes 48.1 seconds east 778.89 feet to a point (3) with
coordinates N145818.71, E375960.04; thence running north 0
degrees 3 minutes 38.1 seconds west 1,200.24 feet to a point
(4) with coordinates N147018.94, E375958.77; thence running
north 2 degrees 22 minutes 45.2 seconds east 854.35 feet to a
point (5) with coordinates N147872.56, E375994.23; thence
running north 7 degrees 47 minutes 21.9 seconds west 753.83
feet to a point (6) with coordinates N148619.44, E375892.06;
thence running north 88 degrees 46 minutes 16.7 seconds east
281.85 feet to a point (7) with coordinates N148625.48,
E376173.85; thence running south 7 degrees 47 minutes 21.9
seconds east 716.4 feet to a point (8) with coordinates
N147915.69, E376270.94; thence running north 80 degrees 17
minutes 42.3 seconds east 315.3 feet to a point (9) with
coordinates N147968.85, E.76581.73; thence running south 9
degrees 42 minutes 20.3 seconds east 248.07 feet to a point
(10) with coordinates N147724.33, E376623.55; thence running
south 2 degrees 10 minutes 43.3 seconds east 318.09 feet to a
point (11) with coordinates N147406.47, E376635.64; thence
running north 78 degrees 56 minutes 15.6 seconds east 571.11
feet to a point (12) with coordinates N147516.06, E377196.15;
thence running south 88 degrees 57 minutes 2.3 seconds east
755.09 feet to a point (13) with coordinates N147502.23,
E377951.11; thence running south 1 degree 2 minutes 57.7
seconds west 100.00 feet to a point (14) with coordinates
N147402.25, E377949.28; thence running north 88 degrees 57
minutes 2.3 seconds west 744.48 feet to a point (15) with
coordinates N147415.88, E377204.92; thence running south 78
degrees 56 minutes 15.6 seconds west 931.17 feet to a point
(16) with coordinates N147237.21, E376291.06; thence running
south 39 degrees 26 minutes 18.7 seconds west 208.34 feet to a
point (17) with coordinates N147076.31, E376158.71; thence
running south 0 degrees 3 minutes 38.1 seconds east 1,528.26
feet to a point (18) with coordinates N145548.05, E376160.32;
thence running south 26 degrees 29 minutes 48.1 seconds west
686.83 feet to a point (19) with coordinates N144933.37,
E375853.90; thence running south 73 degrees 11 minutes 42.9
seconds west 1,429.51 feet to end at a point (20) with
coordinates N144520.08, E374485.44.
Sec. 118. None of the funds made available to the Corps of
Engineers by this Act may be used for the removal or associated
mitigation of Federal Energy Regulatory Commission Project
number 2342.
Sec. 119. None of the funds made available by this Act may
be used for the study of the Missouri River Projects authorized
in section 108 of the Energy and Water Development and Related
Agencies Appropriations Act, 2009 (division C of Public Law
111-8).
Sec. 120. None of the funds made available in this Act may
be used to continue the study conducted by the Army Corps of
Engineers pursuant to section 5018(a)(1) of the Water Resources
Development Act of 2007.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah
Project Completion Act, $27,154,000, to remain available until
expended, of which $2,000,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission. In
addition, for necessary expenses incurred in carrying out
related responsibilities of the Secretary of the Interior,
$1,550,000. For fiscal year 2012, the Commission may use an
amount not to exceed $1,500,000 for administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and
related natural resources and for related activities, including
the operation, maintenance, and rehabilitation of reclamation
and other facilities, participation in fulfilling related
Federal responsibilities to Native Americans, and related
grants to, and cooperative and other agreements with, State and
local governments, federally recognized Indian tribes, and
others, $895,000,000, to remain available until expended, of
which $10,698,000 shall be available for transfer to the Upper
Colorado River Basin Fund and $6,136,000 shall be available for
transfer to the Lower Colorado River Basin Development Fund; of
which such amounts as may be necessary may be advanced to the
Colorado River Dam Fund: Provided, That such transfers may be
increased or decreased within the overall appropriation under
this heading: Provided further, That of the total
appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation
special fee account established by 16 U.S.C. 460l-6a(i) shall
be derived from that Fund or account: Provided further, That
funds contributed under 43 U.S.C. 395 are available until
expended for the purposes for which contributed: Provided
further, That funds advanced under 43 U.S.C. 397a shall be
credited to this account and are available until expended for
the same purposes as the sums appropriated under this heading:
Provided further, That of the amounts provided herein, funds
may be used for high priority projects which shall be carried
out by the Youth Conservation Corps, as authorized by 16 U.S.C.
1706.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $53,068,000, to be
derived from such sums as may be collected in the Central
Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), and 3405(f) of Public Law 102-575, to remain
available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575: Provided
further, That none of the funds made available under this
heading may be used for the acquisition or leasing of water for
in-stream purposes if the water is already committed to in-
stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with
plans to be approved by the Secretary of the Interior,
$39,651,000, to remain available until expended, of which such
amounts as may be necessary to carry out such activities may be
transferred to appropriate accounts of other participating
Federal agencies to carry out authorized purposes: Provided,
That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided
further, That the use of any funds provided to the California
Bay-Delta Authority for program-wide management and oversight
activities shall be subject to the approval of the Secretary of
the Interior: Provided further, That CALFED implementation
shall be carried out in a balanced manner with clear
performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For necessary expenses of policy, administration, and
related functions in the Office of the Commissioner, the Denver
office, and offices in the five regions of the Bureau of
Reclamation, to remain available until September 30, 2013,
$60,000,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377: Provided, That
no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed five passenger motor
vehicles, which are for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of
this Act for Water and Related Resources, or provided by
previous appropriations Acts to the agencies or entities funded
in title II of this Act for Water and Related Resources that
remain available for obligation or expenditure in fiscal year
2012, shall be available for obligation or expenditure through
a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or
activity for which funds have been denied or restricted
by this Act, unless prior approval is received from the
Committees on Appropriations of the House of
Representatives and the Senate;
(4) restarts or resumes any program, project or
activity for which funds are not provided in this Act,
unless prior approval is received from the Committees
on Appropriations of the House of Representatives and
the Senate;
(5) transfers funds in excess of the following
limits, unless prior approval is received from the
Committees on Appropriations of the House of
Representatives and the Senate:
(A) 15 percent for any program, project or
activity for which $2,000,000 or more is
available at the beginning of the fiscal year;
or
(B) $300,000 for any program, project or
activity for which less than $2,000,000 is
available at the beginning of the fiscal year;
(6) transfers more than $500,000 from either the
Facilities Operation, Maintenance, and Rehabilitation
category or the Resources Management and Development
category to any program, project, or activity in the
other category, unless prior approval is received from
the Committees on Appropriations of the House of
Representatives and the Senate; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than
$5,000,000 to provide adequate funds for settled
contractor claims, increased contractor earnings due to
accelerated rates of operations, and real estate
deficiency judgments, unless prior approval is received
from the Committees on Appropriations of the House of
Representatives and the Senate.
(b) Subsection (a)(5) shall not apply to any transfer of
funds within the Facilities Operation, Maintenance, and
Rehabilitation category.
(c) For purposes of this section, the term ``transfer''
means any movement of funds into or out of a program, project,
or activity.
(d) The Bureau of Reclamation shall submit reports on a
quarterly basis to the Committees on Appropriations of the
House of Representatives and the Senate detailing all the funds
reprogrammed between programs, projects, activities, or
categories of funding. The first quarterly report shall be
submitted not later than 60 days after the date of enactment of
this Act.
Sec. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and the
State of California of a plan, which shall conform to the water
quality standards of the State of California as approved by the
Administrator of the Environmental Protection Agency, to
minimize any detrimental effect of the San Luis drainage
waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
be classified by the Secretary of the Interior as reimbursable
or nonreimbursable and collected until fully repaid pursuant to
the ``Cleanup Program-Alternative Repayment Plan'' and the
``SJVDP-Alternative Repayment Plan'' described in the report
entitled ``Repayment Report, Kesterson Reservoir Cleanup
Program and San Joaquin Valley Drainage Program, February
1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United
States relating to, or providing for, drainage service or
drainage studies for the San Luis Unit shall be fully
reimbursable by San Luis Unit beneficiaries of such service or
studies pursuant to Federal reclamation law.
Sec. 203. Section 529(b)(3) of Public Law 106-541, as
amended by section 115 of Public Law 109-103, is further
amended by striking ``$20,000,000'' and inserting
``$30,000,000'' in lieu thereof.
Sec. 204. Section 8 of the Water Desalination Act of 1996
(42 U.S.C. 10301 note; Public Law 104-298) is amended--
(1) in subsection (a), in the first sentence, by
striking ``2011'' and inserting ``2013''; and
(2) in subsection (b), by striking ``$25,000,000
for fiscal years 1997 through 2011'' and inserting
``$3,000,000 for each of fiscal years 2012 through
2013''.
Sec. 205. The Federal policy for addressing California's
water supply and environmental issues related to the Bay-Delta
shall be consistent with State law, including the co-equal
goals of providing a more reliable water supply for the State
of California and protecting, restoring, and enhancing the
Delta ecosystem. The Secretary of the Interior, the Secretary
of Commerce, the Army Corps of Engineers and the Environmental
Protection Agency Administrator shall jointly coordinate the
efforts of the relevant agencies and work with the State of
California and other stakeholders to complete and issue the Bay
Delta Conservation Plan Final Environmental Impact Statement no
later than February 15, 2013. Nothing herein modifies existing
requirements of Federal law.
Sec. 206. The Secretary of the Interior may participate in
non-Federal groundwater banking programs to increase the
operational flexibility, reliability, and efficient use of
water in the State of California, and this participation may
include making payment for the storage of Central Valley
Project water supplies, the purchase of stored water, the
purchase of shares or an interest in ground banking facilities,
or the use of Central Valley Project water as a medium of
payment for groundwater banking services: Provided, That the
Secretary of the Interior shall participate in groundwater
banking programs only to the extent allowed under State law and
consistent with water rights applicable to the Central Valley
Project: Provided further, That any water user to which banked
water is delivered shall pay for such water in the same manner
provided by that water user's then-current Central Valley
Project water service, repayment, or water rights settlement
contract at the rate provided by the then-current Central-
Valley Project Irrigation or Municipal and Industrial Rate
Setting Policies; and: Provided further, That in implementing
this section, the Secretary of the Interior shall comply with
applicable environmental laws, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
Nothing herein shall alter or limit the Secretary's existing
authority to use groundwater banking to meet existing fish and
wildlife obligations.
Sec. 207. (a) Subject to compliance with all applicable
Federal and State laws, a transfer of irrigation water among
Central Valley Project contractors from the Friant, San Felipe,
West San Joaquin, and Delta divisions, and a transfer from a
long-term Friant Division water service or repayment contractor
to a temporary or prior temporary service contractors within
the place of use in existence on the date of the transfer, as
identified in the Bureau of Reclamation water rights permits
for the Friant Division, shall be considered to meet the
conditions described in subparagraphs (A) and (I) of section
3405(a)(1) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4709).
(b) The Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service and the
Commissioner of the Bureau of Reclamation shall initiate and
complete, on the most expedited basis practicable, programmatic
environmental compliance so as to facilitate voluntary water
transfers within the Central Valley Project, consistent with
all applicable Federal and State law.
(c) Not later than 180 days after the date of enactment of
this Act and each of the 4 years thereafter, the Commissioner
of the Bureau of Reclamation shall submit to the committee on
Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate a report that
describes the status of efforts to help facilitate and improve
the water transfers within the Central Valley Project and water
transfers between the Central Valley Project and other water
projects in the State of California; evaluates potential
effects of this Act on Federal programs, Indian tribes, Central
Valley Project operations, the environment, groundwater
aquifers, refuges, and communities; and provides
recommendations on ways to facilitate and improve the process
for these transfers.
Sec. 208. (a) Permitted Uses.--Section 2507(b) of the Farm
Security and Rural Investment Act of 2002 (43 U.S.C. 2211 note;
Public Law 107-171) is amended--
(1) in the matter preceding paragraph (1), by
striking ``In any case in which there are willing
sellers'' and inserting ``For the benefit of at-risk
natural desert terminal lakes and associated riparian
and watershed resources, in any case in which there are
willing sellers or willing participants'';
(2) in paragraph (2), by striking ``in the Walker
River'' and all that follows through ``119 Stat.
2268)''; and
(3) in paragraph (3), by striking ``in the Walker
River Basin''.
(b) Walker Basin Restoration Program.--Section 208(b) of
the Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85; 123 Stat. 2858) is
amended--
(1) in paragraph (1)(B)(iv), by striking ``exercise
water rights'' and inserting ``manage land, water
appurtenant to the land, and related interests''; and
(2) in paragraph (2)(A), by striking ``The amount
made available under subsection (a)(1) shall be
provided to the National Fish and Wildlife Foundation''
and inserting ``Any amount made available to the
National Fish and Wildlife Foundation under subsection
(a) shall be provided''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(including rescission of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion, $1,825,000,000, to remain available
until expended: Provided, That $165,000,000 shall be available
until September 30, 2013 for program direction: Provided
further, That for the purposes of allocating weatherization
assistance funds appropriated by this Act to States and tribes,
the Secretary of Energy may waive the allocation formula
established pursuant to section 414(a) of the Energy
Conservation and Production Act (42 U.S.C. 6864(a)): Provided
further, That of the unobligated balances available under this
heading, $9,909,000 are hereby rescinded: Provided further,
That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant
to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for electricity delivery and
energy reliability activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $139,500,000, to remain available
until expended: Provided, That $27,010,000 shall be available
until September 30, 2013 for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for nuclear energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and the purchase of not more than 10 buses, all for
replacement only, $768,663,000, to remain available until
expended: Provided, That $91,000,000 shall be available until
September 30, 2013 for program direction.
Fossil Energy Research and Development
(including rescission of funds)
For necessary expenses in carrying out fossil energy
research and development activities, under the authority of the
Department of Energy Organization Act (Public Law 95-91),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for
plant or facility acquisition or expansion, and for conducting
inquiries, technological investigations and research concerning
the extraction, processing, use, and disposal of mineral
substances without objectionable social and environmental costs
(30 U.S.C. 3, 1602, and 1603), $534,000,000, to remain
available until expended: Provided, That $120,000,000 shall be
available until September 30, 2013 for program direction:
Provided further, That for all programs funded under Fossil
Energy appropriations in this Act or any other Act, the
Secretary may vest fee title or other property interests
acquired under projects in any entity, including the United
States: Provided further, That of prior-year balances,
$187,000,000 are hereby rescinded: Provided further, That no
rescission made by the previous proviso shall apply to any
amount previously appropriated in Public Law 111-5 or
designated by the Congress as an emergency requirement pursuant
to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
Naval Petroleum and Oil Shale Reserves
For expenses necessary to carry out naval petroleum and oil
shale reserve activities, $14,909,000, to remain available
until expended: Provided, That, notwithstanding any other
provision of law, unobligated funds remaining from prior years
shall be available for all naval petroleum and oil shale
reserve activities.
Strategic Petroleum Reserve
For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act
of 1975, as amended (42 U.S.C. 6201 et seq.), $192,704,000, to
remain available until expended.
SPR Petroleum Account
(including rescission of funds)
Of the amounts deposited in the SPR Petroleum Account
established under section 167 of the Energy Policy and
Conservation Act (42 U.S.C. 6247) in fiscal year 2011 which
remain available for obligation under that section,
$500,000,000 are hereby permanently rescinded.
Northeast Home Heating Oil Reserve
(including rescission of funds)
For necessary expenses for Northeast Home Heating Oil
Reserve storage, operation, and management activities pursuant
to the Energy Policy and Conservation Act, $10,119,000, to
remain available until expended: Provided, That amounts net of
the purchase of 1 million barrels of petroleum distillates in
fiscal year 2012; costs related to transportation, delivery,
and storage; and sales of petroleum distillate from the Reserve
under section 182 of the Energy Policy and Conservation Act (42
U.S.C. 6250a) are hereby permanently rescinded: Provided
further, That notwithstanding section 181 of the Energy Policy
and Conservation Act (42 U.S.C. 6250), for fiscal year 2012 and
hereafter, the Reserve shall contain no more than 1 million
barrels of petroleum distillate.
Energy Information Administration
For necessary expenses in carrying out the activities of
the Energy Information Administration, $105,000,000, to remain
available until expended.
Non-defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
cleanup activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion, $235,721,000, to remain available
until expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment
facility decontamination and decommissioning, remedial actions,
and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of
1992, $472,930,000, to be derived from the Uranium Enrichment
Decontamination and Decommissioning Fund, to remain available
until expended.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for science activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or facility or for plant or
facility acquisition, construction, or expansion, and purchase
of not more than 49 passenger motor vehicles for replacement
only, including one ambulance and one bus, $4,889,000,000, to
remain available until expended: Provided, That $185,000,000
shall be available until September 30, 2013 for program
direction.
Advanced Research Projects Agency--Energy
For necessary expenses in carrying out the activities
authorized by section 5012 of the America COMPETES Act (Public
Law 110-69), as amended, $275,000,000: Provided, That
$20,000,000 shall be available until September 30, 2013 for
program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from
borrowers pursuant to section 1702(b)(2) of the Energy Policy
Act of 2005 under this heading in prior Acts, shall be
collected in accordance with section 502(7) of the
Congressional Budget Act of 1974: Provided, That for necessary
administrative expenses to carry out this Loan Guarantee
program, $38,000,000 is appropriated, to remain available until
expended: Provided further, That $38,000,000 of the fees
collected pursuant to section 1702(h) of the Energy Policy Act
of 2005 shall be credited as offsetting collections to this
account to cover administrative expenses and shall remain
available until expended, so as to result in a final fiscal
year 2012 appropriation from the general fund estimated at not
more than $0: Provided further, That fees collected under
section 1702(h) in excess of the amount appropriated for
administrative expenses shall not be available until
appropriated.
Advanced Technology Vehicles Manufacturing Loan Program
For administrative expenses in carrying out the Advanced
Technology Vehicles Manufacturing Loan Program, $6,000,000, to
remain available until expended.
Departmental Administration
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the hire of passenger motor
vehicles and official reception and representation expenses not
to exceed $30,000, $237,623,000, to remain available until
September 30, 2013, plus such additional amounts as necessary
to cover increases in the estimated amount of cost of work for
others notwithstanding the provisions of the Anti-Deficiency
Act (31 U.S.C. 1511 et seq.): Provided, That such increases in
cost of work are offset by revenue increases of the same or
greater amount, to remain available until expended: Provided
further, That moneys received by the Department for
miscellaneous revenues estimated to total $111,623,000 in
fiscal year 2012 may be retained and used for operating
expenses within this account, and may remain available until
expended, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by
the amount of miscellaneous revenues received during 2012, and
any related appropriated receipt account balances remaining
from prior years' miscellaneous revenues, so as to result in a
final fiscal year 2012 appropriation from the general fund
estimated at not more than $126,000,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, as amended, $42,000,000, to remain available until
expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion, the purchase of not to exceed one
ambulance and one aircraft; $7,233,997,000, to remain available
until expended: Provided, That of such amount not more than
$89,425,000 may be made available for the B-61 Life Extension
Program until the Administrator of the National Nuclear
Security Administration submits to the Committees on
Appropriations of the House of Representatives and the Senate a
final report on the Phase 6.2a design definition and cost
study.
Defense Nuclear Nonproliferation
(including rescission of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for defense nuclear
nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed
one passenger motor vehicle for replacement only,
$2,324,303,000, to remain available until expended: Provided,
That of the unobligated balances available under this heading,
$21,000,000 are hereby rescinded: Provided further, That no
amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Naval Reactors
For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $1,080,000,000, to remain
available until expended: Provided, That $40,000,000 shall be
available until September 30, 2013 for program direction.
Office of the Administrator
For necessary expenses of the Office of the Administrator
in the National Nuclear Security Administration, including
official reception and representation expenses not to exceed
$12,000, $410,000,000, to remain available until September 30,
2013.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental cleanup activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed
one ambulance and one fire truck for replacement only,
$5,023,000,000, to remain available until expended: Provided,
That $321,628,000 shall be available until September 30, 2013
for program direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense, other
defense activities, and classified activities, in carrying out
the purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of
not to exceed 10 passenger motor vehicles for replacement only,
$823,364,000: Provided, That $114,086,000 shall be available
until September 30, 2013 for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the
Kootenai River Native Fish Conservation Aquaculture Program,
Lolo Creek Permanent Weir Facility, and Improving Anadromous
Fish production on the Warm Springs Reservation, and, in
addition, for official reception and representation expenses in
an amount not to exceed $7,000. During fiscal year 2012, no new
direct loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, including transmission wheeling and ancillary
services pursuant to section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the southeastern power area,
$8,428,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood
Control Act of 1944, up to $8,428,000 collected by the
Southeastern Power Administration from the sale of power and
related services shall be credited to this account as
discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of
the Southeastern Power Administration: Provided further, That
the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so
as to result in a final fiscal year 2012 appropriation
estimated at not more than $0: Provided further, That,
notwithstanding 31 U.S.C. 3302, up to $100,162,000 collected by
the Southeastern Power Administration pursuant to the Flood
Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting
collections, to remain available until expended for the sole
purpose of making purchase power and wheeling expenditures:
Provided further, That for purposes of this appropriation,
annual expenses means expenditures that are generally recovered
in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, for construction and acquisition of transmission
lines, substations and appurtenant facilities, and for
administrative expenses, including official reception and
representation expenses in an amount not to exceed $1,500 in
carrying out section 5 of the Flood Control Act of 1944 (16
U.S.C. 825s), as applied to the Southwestern Power
Administration, $45,010,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), up
to $33,118,000 collected by the Southwestern Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Southwestern
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to result
in a final fiscal year 2012 appropriation estimated at not more
than $11,892,000: Provided further, That, notwithstanding 31
U.S.C. 3302, up to $40,000,000 collected by the Southwestern
Power Administration pursuant to the Flood Control Act of 1944
to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that
they are incurred (excluding purchase power and wheeling
expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation and
renewable resources programs as authorized, including official
reception and representation expenses in an amount not to
exceed $1,500; $285,900,000, to remain available until
expended, of which $278,856,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control
Act of 1944 (16 U.S.C. 825s), and section 1 of the Interior
Department Appropriation Act, 1939 (43 U.S.C. 392a), up to
$189,932,000 collected by the Western Area Power Administration
from the sale of power and related services shall be credited
to this account as discretionary offsetting collections, to
remain available until expended, for the sole purpose of
funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to result
in a final fiscal year 2012 appropriation estimated at not more
than $95,968,000, of which $88,924,000 is derived from the
Reclamation Fund: Provided further, That of the amount herein
appropriated, not more than $3,375,000 is for deposit into the
Utah Reclamation Mitigation and Conservation Account pursuant
to title IV of the Reclamation Projects Authorization and
Adjustment Act of 1992: Provided further, That notwithstanding
31 U.S.C. 3302, up to $306,541,000 collected by the Western
Area Power Administration pursuant to the Flood Control Act of
1944 and the Reclamation Project Act of 1939 to recover
purchase power and wheeling expenses shall be credited to this
account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and
wheeling expenditures: Provided further, That for purposes of
this appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$4,169,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 2 of the Act of June 18, 1954 (68 Stat. 255) as
amended: Provided, That notwithstanding the provisions of that
Act and of 31 U.S.C. 3302, up to $3,949,000 collected by the
Western Area Power Administration from the sale of power and
related services from the Falcon and Amistad Dams shall be
credited to this account as discretionary offsetting
collections, to remain available until expended for the sole
purpose of funding the annual expenses of the hydroelectric
facilities of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum
herein appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to result
in a final fiscal year 2012 appropriation estimated at not more
than $220,000: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred.
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, the hire of passenger
motor vehicles, and official reception and representation
expenses not to exceed $3,000, $304,600,000, to remain
available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $304,600,000 of revenues
from fees and annual charges, and other services and
collections in fiscal year 2012 shall be retained and used for
necessary expenses in this account, and shall remain available
until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as revenues
are received during fiscal year 2012 so as to result in a final
fiscal year 2012 appropriation from the general fund estimated
at not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including rescission and transfer of funds)
Sec. 301. (a) No appropriation, funds, or authority made
available by this title for the Department of Energy shall be
used to initiate or resume any program, project, or activity or
to prepare or initiate Requests For Proposals or similar
arrangements (including Requests for Quotations, Requests for
Information, and Funding Opportunity Announcements) for a
program, project, or activity if the program, project, or
activity has not been funded by Congress.
(b) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made
available in this title under the heading ``Department of
Energy--Energy Programs'', enter into a multi-year contract,
award a multi-year grant, or enter into a multi-year
cooperative agreement unless the contract, grant, or
cooperative agreement includes a clause conditioning the
Federal Government's obligation on the availability of future-
year budget authority and the Secretary notifies the Committees
on Appropriations of the House of Representatives and the
Senate at least 14 days in advance.
(c) Except as provided in this section, the amounts made
available by this title shall be expended as authorized by law
for the projects and activities specified in the ``Conference''
column in the ``Department of Energy'' table included under the
heading ``Title III--Department of Energy'' in the joint
explanatory statement accompanying this Act.
(d) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the
Department shall notify the Committees on Appropriations of the
House of Representatives and the Senate at least 30 days prior
to the use of any proposed reprogramming which would cause any
program, project, or activity funding level to increase or
decrease by more than $5,000,000 or 10 percent, whichever is
less, during the time period covered by this Act.
(e) Notwithstanding subsection (c), none of the funds
provided in this title shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program,
project, or activity,
(2) increases funds or personnel for any program,
project, or activity for which funds are denied or
restricted by this Act, or
(3) reduces funds that are directed to be used for
a specific program, project, or activity by this Act.
(f)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds
made available for the Department of Energy if compliance with
such requirement or restriction would pose a substantial risk
to human health, the environment, welfare, or national
security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of any waiver under paragraph (1) as soon as
practicable, but not later than 3 days after the date of the
activity to which a requirement or restriction would otherwise
have applied. Such notice shall include an explanation of the
substantial risk under paragraph (1) that permitted such
waiver.
Sec. 302. The unexpended balances of prior appropriations
provided for activities in this Act may be available to the
same appropriation accounts for such activities established
pursuant to this title. Available balances may be merged with
funds in the applicable established accounts and thereafter may
be accounted for as one fund for the same time period as
originally enacted.
Sec. 303. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2012 until the enactment of the Intelligence Authorization
Act for fiscal year 2012.
Sec. 304. (a) Submission to Congress.--The Secretary of
Energy shall submit to Congress each year, at the time that the
President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-years
energy program reflecting the estimated expenditures and
proposed appropriations included in that budget. Any such
future-years energy program shall cover the fiscal year with
respect to which the budget is submitted and at least the four
succeeding fiscal years. A future-years energy program shall be
included in the fiscal year 2014 budget submission to Congress
and every fiscal year thereafter.
(b) Elements.--Each future-years energy program shall
contain the following:
(1) The estimated expenditures and proposed
appropriations necessary to support programs, projects,
and activities of the Secretary of Energy during the 5-
fiscal year period covered by the program, expressed in
a level of detail comparable to that contained in the
budget submitted by the President to Congress under
section 1105 of title 31, United States Code.
(2) The estimated expenditures and proposed
appropriations shaped by high-level, prioritized
program and budgetary guidance that is consistent with
the administration's policies and out year budget
projections and reviewed by the Department of Energy's
(DOE) senior leadership to ensure that the future-years
energy program is consistent and congruent with
previously established program and budgetary guidance.
(3) A description of the anticipated workload
requirements for each DOE national laboratory during
the 5-fiscal year period.
(c) Consistency in Budgeting.--
(1) The Secretary of Energy shall ensure that
amounts described in subparagraph (A) of paragraph (2)
for any fiscal year are consistent with amounts
described in subparagraph (B) of paragraph (2) for that
fiscal year.
(2) Amounts referred to in paragraph (1) are the
following:
(A) The amounts specified in program and
budget information submitted to Congress by the
Secretary of Energy in support of expenditure
estimates and proposed appropriations in the
budget submitted to Congress by the President
under section 1105(a) of title 31, United
States Code, for any fiscal year, as shown in
the future-years energy program submitted
pursuant to subsection (a).
(B) The total amounts of estimated
expenditures and proposed appropriations
necessary to support the programs, projects,
and activities of the administration included
pursuant to paragraph (5) of section 1105(a) of
such title in the budget submitted to Congress
under that section for any fiscal year.
Sec. 305. Section 1702 of the Energy Policy Act of 2005
(42 U.S.C. 16512) is amended--
(1) by striking subsection (b) and inserting the
following:
``(b) Specific Appropriation or Contribution.--
``(1) In general.--No guarantee shall be made
unless--
``(A) an appropriation for the cost of the
guarantee has been made;
``(B) the Secretary has received from the
borrower a payment in full for the cost of the
guarantee and deposited the payment into the
Treasury; or
``(C) a combination of one or more
appropriations under subparagraph (A) and one
or more payments from the borrower under
subparagraph (B) has been made that is
sufficient to cover the cost of the
guarantee.''.
Sec. 306. Plant or construction projects for which amounts
are made available under this and subsequent appropriation Acts
with a current estimated cost of less than $10,000,000 are
considered for purposes of section 4703 of Public Law 107-314
as a plant project for which the approved total estimated cost
does not exceed the minor construction threshold and for
purposes of section 4704 of Public Law 107-314 as a
construction project with a current estimated cost of less than
a minor construction threshold.
Sec. 307. In section 839b(h)(10)(B) of title 16, United
States Code, strike ``$1,000,000'' and insert ``$2,500,000''.
Sec. 308. None of the funds made available in this title
shall be used for the construction of facilities classified as
high-hazard nuclear facilities under 10 CFR Part 830 unless
independent oversight is conducted by the Office of Health,
Safety, and Security to ensure the project is in compliance
with nuclear safety requirements.
Sec. 309. Of the amounts appropriated in this title,
$73,300,000 are hereby rescinded, to reflect savings from the
contractor pay freeze instituted by the Department. The
Department shall allocate the rescission among the
appropriations made in this title.
Sec. 310. None of the funds made available in this title
may be used to approve critical decision-2 or critical
decision-3 under Department of Energy Order 413.3B, or any
successive departmental guidance, for construction projects
where the total project cost exceeds $100,000,000, until a
separate independent cost estimate has been developed for the
project for that critical decision.
Sec. 311. None of the funds made available in this title
may be used to make a grant allocation, discretionary grant
award, discretionary contract award, or Other Transaction
Agreement, or to issue a letter of intent, totaling in excess
of $1,000,000, or to announce publicly the intention to make
such an allocation, award, or Agreement, or to issue such a
letter, including a contract covered by the Federal Acquisition
Regulation, unless the Secretary of Energy notifies the
Committees on Appropriations of the Senate and the House of
Representatives at least 3 full business days in advance of
making such an allocation, award, or Agreement, or issuing such
a letter: Provided, That if the Secretary of Energy determines
that compliance with this section would pose a substantial risk
to human life, health, or safety, an allocation, award, or
Agreement may be made, or a letter may be issued, without
advance notification, and the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives not later than 5 full business days after the
date on which such an allocation, award, or Agreement is made
or letter issued: Provided further, That the notification
shall include the recipient of the award, the amount of the
award, the fiscal year for which the funds for the award were
appropriated, and the account and program from which the funds
are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
Sec. 312. (a) Any determination (including a determination
made prior to the date of enactment of this Act) by the
Secretary pursuant to section 3112(d)(2)(B) of the USEC
Privatization Act (110 Stat. 1321-335), as amended, that the
sale or transfer of uranium will not have an adverse material
impact on the domestic uranium mining, conversion, or
enrichment industry shall be valid for not more than 2 calendar
years subsequent to such determination.
(b) Not less than 30 days prior to the transfer, sale,
barter, distribution, or other provision of uranium in any form
for the purpose of accelerating cleanup at a Federal site, the
Secretary shall notify the House and Senate Committees on
Appropriations of the following:
(1) the amount of uranium to be transferred, sold,
bartered, distributed, or otherwise provided;
(2) an estimate by the Secretary of the gross
market value of the uranium on the expected date of the
transfer, sale, barter, distribution, or other
provision of the uranium;
(3) the expected date of transfer, sale, barter,
distribution, or other provision of the uranium;
(4) the recipient of the uranium; and
(5) the value of the services the Secretary expects
to receive in exchange for the uranium, including any
reductions to the gross value of the uranium by the
recipient.
(c) Not later than June 30, 2012, the Secretary shall
submit to the House and Senate Committees on Appropriations a
revised excess uranium inventory management plan for fiscal
years 2013 through 2018.
(d) Not later than December 31, 2011 the Secretary shall
submit to the House and Senate Committees on Appropriations a
report evaluating the economic feasibility of re-enriching
depleted uranium located at Federal sites.
Sec. 313. None of the funds made available by this Act may
be used to pay the salaries of Department of Energy employees
to carry out section 407 of division A of the American Recovery
and Reinvestment Act of 2009.
Sec. 314. (a) The Secretary of Energy may openly compete
and issue an award to allow a third party, on a fee-for-service
basis, to operate and maintain a metering station of the
Strategic Petroleum Reserve that is underutilized (as defined
in section 102-75.50 of title 41, Code of Federal Regulations
(or successor regulations)) and related equipment.
(b) Not later than 30 days before the issuance of such
award, the Secretary of Energy shall certify to the Committees
on Appropriations of the House of Representatives and the
Senate that the award will not reduce the reliability or
accessibility of the Strategic Petroleum Reserve, raise costs
of oil in the local market, or negatively impact the supply of
oil to current users.
(c) Funds collected under subsection (a) shall be deposited
in the general fund of the Treasury.
Sec. 315. None of the funds made available in this Act may
be used--
(1) to implement or enforce section 430.32(x) of
title 10, Code of Federal Regulations; or
(2) to implement or enforce the standards
established by the tables contained in section
325(i)(1)(B) of the Energy Policy and Conservation Act
(42 U.S.C. 6295(i)(1)(B)) with respect to BPAR
incandescent reflector lamps, BR incandescent reflector
lamps, and ER incandescent reflector lamps.
Sec. 316. Recipients of grants awarded by the Department
in excess of $1,000,000 shall certify that they will, by the
end of the fiscal year, upgrade the efficiency of their
facilities by replacing any lighting that does not meet or
exceed the energy efficiency standard for incandescent light
bulbs set forth in section 325 of the Energy Policy and
Conservation Act (42 U.S.C. 6295).
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as
amended, for necessary expenses for the Federal Co-Chairman and
the Alternate on the Appalachian Regional Commission, for
payment of the Federal share of the administrative expenses of
the Commission, including services as authorized by 5 U.S.C.
3109, and hire of passenger motor vehicles, $68,263,000, to
remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For necessary expenses of the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $29,130,000, to remain available until September
30, 2013: Provided, That within 90 days of enactment of this
Act, the Defense Nuclear Facilities Safety Board shall enter
into an agreement for inspector general services with the
Office of Inspector General for the Nuclear Regulatory
Commission for fiscal years 2012 and 2013: Provided further,
That at the expiration of such agreement, the Defense Nuclear
Facilities Safety Board shall procure inspector general
services annually thereafter.
Delta Regional Authority
salaries and expenses
For necessary expenses of the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, as amended, notwithstanding
sections 382C(b)(2), 382F(d), 382M, and 382N of said Act,
$11,677,000, to remain available until expended.
Denali Commission
For expenses of the Denali Commission including the
purchase, construction, and acquisition of plant and capital
equipment as necessary and other expenses, $10,679,000, to
remain available until expended, notwithstanding the
limitations contained in section 306(g) of the Denali
Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to exceed
80 percent of total project cost for distressed communities, as
defined by section 307 of the Denali Commission Act of 1998
(division C, title III, Public Law 105-277), as amended by
section 701 of appendix D, title VII, Public Law 106-113 (113
Stat. 1501A-280), and an amount not to exceed 50 percent for
non-distressed communities.
Northern Border Regional Commission
For necessary expenses of the Northern Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $1,497,000, to remain
available until expended: Provided, That such amounts shall be
available for administrative expenses, notwithstanding section
15751(b) of title 40, United States Code.
Southeast Crescent Regional Commission
For necessary expenses of the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $250,000, to remain available
until expended.
Nuclear Regulatory Commission
salaries and expenses
For necessary expenses of the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974, as
amended, and the Atomic Energy Act of 1954, as amended,
including official representation expenses (not to exceed
$25,000), $1,027,240,000, to remain available until expended:
Provided, That of the amount appropriated herein, not more than
$9,000,000 may be made available for salaries and other support
costs for the Office of the Commission: Provided further, That
revenues from licensing fees, inspection services, and other
services and collections estimated at $899,726,000 in fiscal
year 2012 shall be retained and used for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302, and
shall remain available until expended: Provided further, That
the sum herein appropriated shall be reduced by the amount of
revenues received during fiscal year 2012 so as to result in a
final fiscal year 2012 appropriation estimated at not more than
$127,514,000: Provided further, That of the amounts
appropriated under this heading, $10,000,000 shall be for
university research and development in areas relevant to their
respective organization's mission, and $5,000,000 shall be for
a Nuclear Science and Engineering Grant Program that will
support multiyear projects that do not align with programmatic
missions but are critical to maintaining the discipline of
nuclear science and engineering.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $10,860,000, to remain available until September 30,
2013: Provided, That revenues from licensing fees, inspection
services, and other services and collections estimated at
$9,774,000 in fiscal year 2012 shall be retained and be
available until expended, for necessary salaries and expenses
in this account, notwithstanding section 3302 of title 31,
United States Code: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues
received during fiscal year 2012 so as to result in a final
fiscal year 2012 appropriation estimated at not more than
$1,086,000.
Nuclear Waste Technical Review Board
salaries and expenses
For necessary expenses of the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,400,000 to be derived from the Nuclear Waste Fund, and
to remain available until expended.
Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects
For necessary expenses for the Office of the Federal
Coordinator for Alaska Natural Gas Transportation Projects
pursuant to the Alaska Natural Gas Pipeline Act of 2004,
$1,000,000.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. (a) None of the funds provided in this title for
``Nuclear Regulatory Commission--Salaries and Expenses'' shall
be available for obligation or expenditure through a
reprogramming of funds that--
(1) increases funds or personnel for any program,
project, or activity for which funds are denied or
restricted by this Act; or
(2) reduces funds that are directed to be used for
a specific program, project, or activity by this Act.
(b) The Chairman of the Nuclear Regulatory Commission may
not terminate any program, project, or activity without the
approval of a majority vote of the Commissioners of the Nuclear
Regulatory Commission approving such action.
(c) The Nuclear Regulatory Commission may waive the
restriction on reprogramming under subsection (a) on a case-by-
case basis by certifying to the Committees on Appropriations of
the House of Representatives and the Senate that such action is
required to address national security or imminent risks to
public safety. Each such waiver certification shall include a
letter from the Chairman of the Commission that a majority of
Commissioners of the Nuclear Regulatory Commission have voted
and approved the reprogramming waiver certification.
Sec. 402. The Nuclear Regulatory Commission shall require
reactor licensees to re-evaluate the seismic, tsunami,
flooding, and other external hazards at their sites against
current applicable Commission requirements and guidance for
such licenses as expeditiously as possible, and thereafter when
appropriate, as determined by the Commission, and require each
licensee to respond to the Commission that the design basis for
each reactor meets the requirements of its license, current
applicable Commission requirements and guidance for such
license. Based upon the evaluations conducted pursuant to this
section and other information it deems relevant, the Commission
shall require licensees to update the design basis for each
reactor, if necessary.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in this Act or any
other appropriation Act.
Sec. 503. None of the funds made available under this Act
may be expended for any new hire by any Federal agency funded
in this Act that is not verified through the E-Verify Program
as described in section 403(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note).
Sec. 504. None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to any corporation that was convicted
(or had an officer or agent of such corporation acting on
behalf of the corporation convicted) of a felony criminal
violation under any Federal law within the preceding 24 months,
where the awarding agency is aware of the conviction, unless
the agency has considered suspension or debarment of the
corporation, or such officer or agent, and made a determination
that this further action is not necessary to protect the
interests of the Government.
Sec. 505. None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to, any corporation that has any unpaid
Federal tax liability that has been assessed, for which all
judicial and administrative remedies have been exhausted or
have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is
aware of the unpaid tax liability, unless the agency has
considered suspension or debarment of the corporation and made
a determination that this further action is not necessary to
protect the interests of the Government.
Sec. 506. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of
February 11, 1994 (``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations'').
This division may be cited as the ``Energy and Water
Development and Related Agencies Appropriations Act, 2012''.
DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2012
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Annex; hire of passenger motor vehicles; maintenance,
repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned
overseas, when necessary for the performance of official
business; terrorism and financial intelligence activities;
executive direction program activities; international affairs
and economic policy activities; domestic finance and tax policy
activities; and Treasury-wide management policies and programs
activities, $308,388,000: Provided, That of the amount
appropriated under this heading, $100,000,000 is for the Office
of Terrorism and Financial Intelligence, of which not to exceed
$26,608,000 is available for administrative expenses: Provided
further, That of the amount appropriated under this heading,
not to exceed $3,000,000, to remain available until September
30, 2013, is for information technology modernization
requirements; not to exceed $350,000 is for official reception
and representation expenses; and not to exceed $258,000 is for
unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Secretary of
the Treasury and to be accounted for solely on his certificate:
Provided further, That of the amount appropriated under this
heading, $6,787,000, to remain available until September 30,
2013, is for the Treasury-wide Financial Statement Audit and
Internal Control Program: Provided further, That of the amount
appropriated under this heading, $500,000, to remain available
until September 30, 2013, is for secure space requirements:
Provided further, That of the amount appropriated under this
heading, up to $3,400,000, to remain available until September
30, 2014, is to develop and implement programs within the
Office of Critical Infrastructure Protection and Compliance
Policy, including entering into cooperative agreements:
Provided further, That notwithstanding any other provision of
law, of the amount appropriated under this heading, up to
$1,000,000 may be contributed to the Organization for Economic
Cooperation and Development for the Department's participation
in programs related to global tax administration.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $29,641,000, including hire of passenger motor vehicles;
of which not to exceed $100,000 shall be available for
unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector
General of the Treasury; and of which not to exceed $2,500
shall be available for official reception and representation
expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, including purchase (not to exceed 150 for
replacement only for police-type use) and hire of passenger
motor vehicles (31 U.S.C. 1343(b)); services authorized by 5
U.S.C. 3109, at such rates as may be determined by the
Inspector General for Tax Administration; $151,696,000, of
which not to exceed $500,000 shall be available for unforeseen
emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General for Tax
Administration; and of which not to exceed $1,500 shall be
available for official reception and representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special
Inspector General in carrying out the provisions of the
Emergency Economic Stabilization Act of 2008 (Public Law 110-
343), $41,800,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel and
training expenses, including for course development, of non-
Federal and foreign government personnel to attend meetings and
training concerned with domestic and foreign financial
intelligence activities, law enforcement, and financial
regulation; not to exceed $14,000 for official reception and
representation expenses; and for assistance to Federal law
enforcement agencies, with or without reimbursement,
$110,788,000, of which not to exceed $34,335,000 shall remain
available until September 30, 2014: Provided, That funds
appropriated in this account may be used to procure personal
services contracts.
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading,
$950,000,000 are rescinded.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$217,805,000, of which not to exceed $4,210,000 shall remain
available until September 30, 2014, for information systems
modernization initiatives; and of which not to exceed $2,500
shall be available for official reception and representation
expenses.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $99,878,000; of which not to exceed $6,000 for
official reception and representation expenses; not to exceed
$50,000 for cooperative research and development programs for
laboratory services; and provision of laboratory assistance to
State and local agencies with or without reimbursement:
Provided, That of the amount appropriated under this heading,
$2,000,000 shall be for the costs of special law enforcement
agents to target tobacco smuggling and other criminal diversion
activities.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments. The aggregate amount of new liabilities
and obligations incurred during fiscal year 2012 under such
section 5136 for circulating coinage and protective service
capital investments of the United States Mint shall not exceed
$20,000,000.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt
issues of the United States, $173,635,000, of which not to
exceed $2,500 shall be available for official reception and
representation expenses, and of which not to exceed $10,000,000
shall remain available until September 30, 2014 to reduce
improper payments: Provided, That the sum appropriated herein
from the general fund for fiscal year 2012 shall be reduced by
not more than $8,000,000 as definitive security issue fees and
Legacy Treasury Direct Investor Account Maintenance fees are
collected, so as to result in a final fiscal year 2012
appropriation from the general fund estimated at $165,635,000.
In addition, $165,000 to be derived from the Oil Spill
Liability Trust Fund to reimburse the Bureau for administrative
and personnel expenses for financial management of the Fund, as
authorized by section 1012 of Public Law 101-380.
Community Development Financial Institutions Fund Program Account
To carry out the Community Development Banking and
Financial Institutions Act of 1994 (Public Law 103-325),
including services authorized by 5 U.S.C. 3109, but at rates
for individuals not to exceed the per diem rate equivalent to
the rate for ES-3, notwithstanding section 4707(e) of title 12,
United States Code with regard to Small and/or Emerging
Community Development Financial Institutions Assistance awards,
$221,000,000, to remain available until September 30, 2013; of
which $12,000,000, notwithstanding section 4707(e) of title 12,
United States Code, shall be for financial assistance,
technical assistance, training and outreach programs, designed
to benefit Native American, Native Hawaiian, and Alaskan Native
communities and provided primarily through qualified community
development lender organizations with experience and expertise
in community development banking and lending in Indian country,
Native American organizations, tribes and tribal organizations
and other suitable providers; of which, notwithstanding section
108(d) of such Act, up to $22,000,000 shall be for a Healthy
Food Financing Initiative to provide grants and loans to
community development financial institutions for the purpose of
offering affordable financing and technical assistance to
expand the availability of healthy food options in distressed
communities; of which $18,000,000 shall be for the Bank
Enterprise Awards program; and of which up to $22,965,000 may
be used for administrative expenses, including administration
of the New Markets Tax Credit; of which up to $10,315,000 may
be used for the cost of direct loans; and of which up to
$250,000 may be used for administrative expenses to carry out
the direct loan program: Provided, That the cost of direct
loans, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans not
to exceed $25,000,000: Provided further, That of the funds
awarded under this heading, not less than 10 percent shall be
used for projects that serve populations living in persistent
poverty counties (where such term is defined as any county that
has had 20 percent or more of its population living in poverty
over the past 30 years, as measured by the 1990, 2000, and 2010
decennial censuses).
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance and
education, filing and account services, taxpayer advocacy
services, and other services as authorized by 5 U.S.C. 3109, at
such rates as may be determined by the Commissioner,
$2,239,703,000, of which not less than $5,600,000 shall be for
the Tax Counseling for the Elderly Program, of which not less
than $9,750,000 shall be available for low-income taxpayer
clinic grants, of which not less than $12,000,000, to remain
available until September 30, 2013, shall be available for a
Community Volunteer Income Tax Assistance matching grants
program for tax return preparation assistance, of which not
less than $205,000,000 shall be available for operating
expenses of the Taxpayer Advocate Service, and of which
$15,481,000 shall be for expenses necessary to implement the
tax credit in title II of division A of the Trade Act of 2002
(Public Law 107-210).
enforcement
For necessary expenses for tax enforcement activities of
the Internal Revenue Service to determine and collect owed
taxes, to provide legal and litigation support, to conduct
criminal investigations, to enforce criminal statutes related
to violations of internal revenue laws and other financial
crimes, to purchase (for police-type use, not to exceed 850)
and hire passenger motor vehicles (31 U.S.C. 1343(b)), and to
provide other services as authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Commissioner, $5,299,367,000,
of which not less than $60,257,000 shall be for the Interagency
Crime and Drug Enforcement program.
operations support
For necessary expenses of the Internal Revenue Service to
support taxpayer services and enforcement programs, including
rent payments; facilities services; printing; postage; physical
security; headquarters and other IRS-wide administration
activities; research and statistics of income;
telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and other
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner; $3,947,416,000, of which up
to $250,000,000 shall remain available until September 30,
2013, for information technology support; of which up to
$65,000,000 shall remain available until expended for
acquisition of real property, equipment, construction and
renovation of facilities; of which not to exceed $1,000,000
shall remain available until September 30, 2014, for research;
of which not less than $2,000,000 shall be for the Internal
Revenue Service Oversight Board; of which not to exceed $25,000
shall be for official reception and representation expenses:
Provided, That not later than 14 days after the end of each
quarter of each fiscal year, the Internal Revenue Service shall
submit a report to the House and Senate Committees on
Appropriations and the Comptroller General of the United States
detailing the cost and schedule performance for its major
information technology investments, including the purpose and
life-cycle stages of the investments; the reasons for any cost
and schedule variances; the risks of such investments and
strategies the Internal Revenue Service is using to mitigate
such risks; and the expected developmental milestones to be
achieved and costs to be incurred in the next quarter:
Provided further, That the Internal Revenue Service shall
include, in its budget justification for fiscal year 2013, a
summary of cost and schedule performance information for its
major information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's
business systems modernization program, $330,210,000, to remain
available until September 30, 2014, for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said acquisitions,
including related Internal Revenue Service labor costs, and
contractual costs associated with operations authorized by 5
U.S.C. 3109: Provided, That not later than 14 days after the
end of each quarter of each fiscal year, the Internal Revenue
Service shall submit a report to the House and Senate
Committees on Appropriations and the Comptroller General of the
United States detailing the cost and schedule performance for
CADE2 and Modernized e-File information technology investments,
including the purposes and life-cycle stages of the
investments; the reasons for any cost and schedule variances;
the risks of such investments and the strategies the Internal
Revenue Service is using to mitigate such risks; and the
expected developmental milestones to be achieved and costs to
be incurred in the next quarter.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of any appropriation
made available in this Act to the Internal Revenue Service or
not to exceed 3 percent of appropriations under the heading
``Enforcement'' may be transferred to any other Internal
Revenue Service appropriation upon the advance approval of the
Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain a
training program to ensure that Internal Revenue Service
employees are trained in taxpayers' rights, in dealing
courteously with taxpayers, and in cross-cultural relations.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information and protect taxpayers
against identity theft.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased staffing to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make the improvement of the
Internal Revenue Service 1-800 help line service a priority and
allocate resources necessary to increase phone lines and staff
to improve the Internal Revenue Service 1-800 help line
service.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 105. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries; purchase
of motor vehicles without regard to the general purchase price
limitations for vehicles purchased and used overseas for the
current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical
services to employees and their dependents serving in foreign
countries; and services authorized by 5 U.S.C. 3109.
Sec. 106. Not to exceed 2 percent of any appropriations in
this Act made available to the Departmental Offices--Salaries
and Expenses, Office of Inspector General, Special Inspector
General for the Troubled Asset Relief Program, Financial
Management Service, Alcohol and Tobacco Tax and Trade Bureau,
Financial Crimes Enforcement Network, and Bureau of the Public
Debt, may be transferred between such appropriations upon the
advance approval of the Committees on Appropriations:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 107. Not to exceed 2 percent of any appropriation
made available in this Act to the Internal Revenue Service may
be transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of the
Committees on Appropriations: Provided, That no transfer may
increase or decrease any such appropriation by more than 2
percent.
Sec. 108. Of the funds available for the purchase of law
enforcement vehicles, no funds may be obligated until the
Secretary of the Treasury certifies that the purchase by the
respective Treasury bureau is consistent with departmental
vehicle management principles: Provided, That the Secretary
may delegate this authority to the Assistant Secretary for
Management.
Sec. 109. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the $1
Federal Reserve note.
Sec. 110. The Secretary of the Treasury may transfer funds
from Financial Management Service, Salaries and Expenses to the
Debt Collection Fund as necessary to cover the costs of debt
collection: Provided, That such amounts shall be reimbursed to
such salaries and expenses account from debt collections
received in the Debt Collection Fund.
Sec. 111. Section 122(g)(1) of Public Law 105-119 (5
U.S.C. 3104 note), is further amended by striking ``12 years''
and inserting ``14 years''.
Sec. 112. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate, the House Committee on
Financial Services, and the Senate Committee on Banking,
Housing and Urban Affairs.
Sec. 113. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department
of the Treasury, the Bureau of Engraving and Printing, and the
United States Mint, individually or collectively, may be used
to consolidate any or all functions of the Bureau of Engraving
and Printing and the United States Mint without the explicit
approval of the House Committee on Financial Services; the
Senate Committee on Banking, Housing, and Urban Affairs; and
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 114. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for the
Department of the Treasury's intelligence or intelligence
related activities are deemed to be specifically authorized by
the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year 2012
until the enactment of the Intelligence Authorization Act for
Fiscal Year 2012.
Sec. 115. Not to exceed $5,000 shall be made available
from the Bureau of Engraving and Printing's Industrial
Revolving Fund for necessary official reception and
representation expenses.
Sec. 116. Section 5114(c) of title 31, United States Code
(relating to engraving and printing currency and security
documents), is amended by striking ``for a period of not more
than 4 years''.
Sec. 117. In the current fiscal year and each fiscal year
hereafter, any person who forwards to the Bureau of Engraving
and Printing a mutilated paper currency claim equal to or
exceeding $10,000 for redemption will be required to provide
the Bureau their taxpayer identification number.
Sec. 118. Section 5318(g)(2)(A) of title 31, United States
Code, is amended--
(1) by striking clause (i) and inserting the
following:
``(i) neither the financial
institution, director, officer,
employee, or agent of such institution
(whether or not any such person is
still employed by the institution), nor
any other current or former director,
officer, or employee of, or contractor
for, the financial institution or other
reporting person, may notify any person
involved in the transaction that the
transaction has been reported; and'';
and
(2) in clause (ii)--
(A) by striking ``no officer or employee
of'' and inserting ``no current or former
officer or employee of or contractor for''; and
(B) by inserting ``or for'' before ``any
State''.
Sec. 119. Section 5319 of title 31, United States Code
(relating to availability of reports), is amended by inserting
after ``title 5'' the following: ``, and may not be disclosed
under any State, local, tribal, or territorial `freedom of
information', `open government', or similar law''.
Sec. 120. Section 5331(a) of title 31, United States Code,
is amended--
(1) by striking paragraph (1) and inserting the
following:
``(1)(A) who is engaged in a trade or business,
and'';
(2) by redesignating paragraph (2) as subparagraph
(B);
(3) in subparagraph (B), as so redesignated, by
adding ``or'' at the end; and
(4) by inserting after subparagraph (B), as so
redesignated, the following new paragraph:
``(2) who is required to file a report under
section 6050I(g) of the Internal Revenue Code of
1986,''.
Sec. 121. The Secretary of the Treasury shall submit a
Capital Investment Plan to the Committees on Appropriations of
the Senate and the House of Representatives not later than 30
days following the submission of the annual budget for the
Administration submitted by the President: Provided, That such
Capital Investment Plan shall include capital investment
spending from all accounts within the Department of the
Treasury, including but not limited to the Department-wide
Systems and Capital Investment Programs account, the Working
Capital Fund account, and the Treasury Forfeiture Fund account:
Provided further, That such Capital Investment Plan shall
include expenditures occurring in previous fiscal years for
each capital investment project that has not been fully
completed.
This title may be cited as the ``Department of the
Treasury Appropriations Act, 2012''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President
For compensation of the President, including an expense
allowance at the rate of $50,000 per annum as authorized by 3
U.S.C. 102, $450,000: Provided, That none of the funds made
available for official expenses shall be expended for any other
purpose and any unused amount shall revert to the Treasury
pursuant to 31 U.S.C. 1552.
The White House
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be expended
and accounted for as provided in that section; hire of
passenger motor vehicles, newspapers, periodicals, and travel
(not to exceed $100,000 to be expended and accounted for as
provided by 3 U.S.C. 103); and not to exceed $19,000 for
official entertainment expenses, to be available for allocation
within the Executive Office of the President; and for necessary
expenses of the Office of Policy Development, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
$56,974,000.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration,
refurnishing, improvement, heating, and lighting, including
electric power and fixtures, of the Executive Residence at the
White House and official entertainment expenses of the
President, $13,425,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided, That
all reimbursable operating expenses of the Executive Residence
shall be made in accordance with the provisions of this
paragraph: Provided further, That, notwithstanding any other
provision of law, such amount for reimbursable operating
expenses shall be the exclusive authority of the Executive
Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the
Executive Residence shall require each person sponsoring a
reimbursable political event to pay in advance an amount equal
to the estimated cost of the event, and all such advance
payments shall be credited to this account and remain available
until expended: Provided further, That the Executive Residence
shall require the national committee of the political party of
the President to maintain on deposit $25,000, to be separately
accounted for and available for expenses relating to
reimbursable political events sponsored by such committee
during such fiscal year: Provided further, That the Executive
Residence shall ensure that a written notice of any amount owed
for a reimbursable operating expense under this paragraph is
submitted to the person owing such amount within 60 days after
such expense is incurred, and that such amount is collected
within 30 days after the submission of such notice: Provided
further, That the Executive Residence shall charge interest and
assess penalties and other charges on any such amount that is
not reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under 31 U.S.C. 3717:
Provided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in
the Treasury as miscellaneous receipts: Provided further, That
the Executive Residence shall prepare and submit to the
Committees on Appropriations, by not later than 90 days after
the end of the fiscal year covered by this Act, a report
setting forth the reimbursable operating expenses of the
Executive Residence during the preceding fiscal year, including
the total amount of such expenses, the amount of such total
that consists of reimbursable official and ceremonial events,
the amount of such total that consists of reimbursable
political events, and the portion of each such amount that has
been reimbursed as of the date of the report: Provided
further, That the Executive Residence shall maintain a system
for the tracking of expenses related to reimbursable events
within the Executive Residence that includes a standard for the
classification of any such expense as political or
nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence
from any other applicable requirement of subchapter I or II of
chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the
Executive Residence at the White House, $750,000, to remain
available until expended, for required maintenance, resolution
of safety and health issues, and continued preventative
maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of 1946
(15 U.S.C. 1021 et seq.), $4,192,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as authorized
by 5 U.S.C. 3109, $13,048,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, and hire of passenger motor vehicles, $112,952,000, of
which $10,403,000 shall remain available until expended for
continued modernization of the information technology
infrastructure within the Executive Office of the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and services
as authorized by 5 U.S.C. 3109 and to carry out the provisions
of chapter 35 of title 44, United States Code, $89,456,000, of
which not to exceed $3,000 shall be available for official
representation expenses: Provided, That none of the funds
appropriated in this Act for the Office of Management and
Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations
under the provisions of the Agricultural Marketing Agreement
Act of 1937 (7 U.S.C. 601 et seq.): Provided further, That
none of the funds made available for the Office of Management
and Budget by this Act may be expended for the altering of the
transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and Budget,
before the Committees on Appropriations or their subcommittees:
Provided further, That none of the funds provided in this or
prior Acts shall be used, directly or indirectly, by the Office
of Management and Budget, for evaluating or determining if
water resource project or study reports submitted by the Chief
of Engineers acting through the Secretary of the Army are in
compliance with all applicable laws, regulations, and
requirements relevant to the Civil Works water resource
planning process: Provided further, That the Office of
Management and Budget shall have not more than 60 days in which
to perform budgetary policy reviews of water resource matters
on which the Chief of Engineers has reported: Provided
further, That the Director of the Office of Management and
Budget shall notify the appropriate authorizing and
appropriating committees when the 60-day review is initiated:
Provided further, That if water resource reports have not been
transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of
Management and Budget review period based on the notification
from the Director, Congress shall assume Office of Management
and Budget concurrence with the report and act accordingly.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the Office
of National Drug Control Policy Reauthorization Act of 2006
(Public Law 109-469); not to exceed $10,000 for official
reception and representation expenses; and for participation in
joint projects or in the provision of services on matters of
mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$24,500,000: Provided, That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and
personal, public and private, without fiscal year limitation,
for the purpose of aiding or facilitating the work of the
Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas Program,
$238,522,000, to remain available until September 30, 2013, for
drug control activities consistent with the approved strategy
for each of the designated High Intensity Drug Trafficking
Areas (``HIDTAs''), of which not less than 51 percent shall be
transferred to State and local entities for drug control
activities and shall be obligated not later than 120 days after
enactment of this Act: Provided, That up to 49 percent may be
transferred to Federal agencies and departments in amounts
determined by the Director of the Office of National Drug
Control Policy, of which up to $2,700,000 may be used for
auditing services and associated activities (including up to
$500,000 to ensure the continued operation and maintenance of
the Performance Management System): Provided further, That,
notwithstanding the requirements of Public Law 106-58, any
unexpended funds obligated prior to fiscal year 2010 may be
used for any other approved activities of that HIDTA, subject
to reprogramming requirements: Provided further, That each
HIDTA designated as of September 30, 2011, shall be funded at
not less than the fiscal year 2011 base level, unless the
Director submits to the Committees on Appropriations of the
House of Representatives and the Senate justification for
changes to those levels based on clearly articulated priorities
and published Office of National Drug Control Policy
performance measures of effectiveness: Provided further, That
the Director shall notify the Committees on Appropriations of
the initial allocation of fiscal year 2012 funding among HIDTAs
not later than 45 days after enactment of this Act, and shall
notify the Committees of planned uses of discretionary HIDTA
funding, as determined in consultation with the HIDTA
Directors, not later than 90 days after enactment of this Act.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office
of National Drug Control Policy Reauthorization Act of 2006
(Public Law 109-469), $105,550,000, to remain available until
expended, which shall be available as follows: $92,000,000 for
the Drug-Free Communities Program, of which $2,000,000 shall be
made available as directed by section 4 of Public Law 107-82,
as amended by Public Law 109-469 (21 U.S.C. 1521 note);
$1,400,000 for drug court training and technical assistance;
$9,000,000 for anti-doping activities; $1,900,000 for the
United States membership dues to the World Anti-Doping Agency;
and $1,250,000 shall be made available as directed by section
1105 of Public Law 109-469.
Integrated, Efficient and Effective Uses of Information Technology
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient and effective uses of information technology in the
Federal Government, $5,000,000, to remain available until
expended: Provided, That the Director of the Office of
Management and Budget may transfer these funds to one or more
other agencies to carry out projects to meet these purposes:
Provided further, That the Director of the Office of Management
and Budget shall submit quarterly reports to the Committees on
Appropriations of the House and the Senate identifying the
savings achieved by the Office of Management and Budget's
government-wide information technology reform efforts:
Provided further, That such report shall include savings
identified by fiscal year, agency and appropriation.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$988,000, to remain available until September 30, 2013.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses as
authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,328,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 for official entertainment
expenses of the Vice President, to be accounted for solely on
his certificate, $307,000: Provided, That advances or
repayments or transfers from this appropriation may be made to
any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfers of funds and rescissions)
Sec. 201. From funds made available in this Act under the
headings ``The White House'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of Administration'',
``Special Assistance to the President'', and ``Official
Residence of the Vice President'', the Director of the Office
of Management and Budget (or such other officer as the
President may designate in writing), may, 15 days after giving
notice to the Committees on Appropriations of the House of
Representatives and the Senate, transfer not to exceed 10
percent of any such appropriation to any other such
appropriation, to be merged with and available for the same
time and for the same purposes as the appropriation to which
transferred: Provided, That the amount of an appropriation
shall not be increased by more than 50 percent by such
transfers: Provided further, That no amount shall be
transferred from ``Special Assistance to the President'' or
``Official Residence of the Vice President'' without the
approval of the Vice President.
Sec. 202. The Director of the Office of Management and
Budget shall submit to the Committees on Appropriations of the
House and the Senate a report on the implementation of
Executive Order 13563 (76 Fed. Reg. 3821; relating to Improving
Regulation and Regulatory Review) by April 2, 2012. The report
shall include information on--
(a) increasing public participation in the rulemaking
process and reducing uncertainty;
(b) improving coordination across Federal agencies to
eliminate redundant, inconsistent, and overlapping regulations;
and
(c) identifying existing regulations that have been
reviewed and determined to be outmoded, ineffective, or
excessively burdensome.
Sec. 203. Within 120 days after the date of enactment of
this section, the Director of the Office of Management and
Budget shall submit a report to the Committees on
Appropriations of the House and the Senate on the costs of
implementing the Dodd-Frank Wall Street Reform and Consumer
Protection Act (Public Law 111-203). Such report shall
include--
(1) the estimated mandatory and discretionary
obligations of funds through fiscal year 2014, by
Federal agency and by fiscal year, including--
(A) the estimated obligations by cost
inputs such as rent, information technology,
contracts, and personnel;
(B) the methodology and data sources used
to calculate such estimated obligations; and
(C) the specific section of such Act that
requires the obligation of funds; and
(2) the estimated receipts through fiscal year 2014
from assessments, user fees, and other fees by the
Federal agency making the collections, by fiscal year,
including--
(A) the methodology and data sources used
to calculate such estimated collections; and
(B) the specific section of such Act that
authorizes the collection of funds.
Sec. 204. The Director of the Office of National Drug
Control Policy shall submit to the Committees on Appropriations
of the House of Representatives and the Senate not later than
60 days after the date of enactment of this Act, and prior to
the initial obligation of more than 20 percent of the funds
appropriated in any account under the heading ``Office of
National Drug Control Policy'', a detailed narrative and
financial plan on the proposed uses of all funds under the
account by program, project, and activity: Provided, That the
reports required by this section shall be updated and submitted
to the Committees on Appropriations every 6 months and shall
include information detailing how the estimates and assumptions
contained in previous reports have changed: Provided further,
That any new projects and changes in funding of ongoing
projects shall be subject to the prior approval of the
Committees on Appropriations.
Sec. 205. Not to exceed 2 percent of any appropriations in
this Act made available to the Office of National Drug Control
Policy may be transferred between appropriated programs upon
the advance approval of the Committees on Appropriations:
Provided, That no transfer may increase or decrease any such
appropriation by more than 3 percent.
Sec. 206. Not to exceed $1,000,000 of any appropriations
in this Act made available to the Office of National Drug
Control Policy may be reprogrammed within a program, project,
or activity upon the advance approval of the Committees on
Appropriations.
Sec. 207. From the unobligated balances of prior year
appropriations made available for the Counterdrug Technology
Assessment Center, $5,244,639 are rescinded.
Sec. 208. From the unobligated balances of prior year
appropriations made available for Other Federal Drug Control
Programs, $359,958 for a chronic users study and $5,723,403 for
the National Anti-Drug Youth Media Campaign are rescinded.
Sec. 209. Of the unobligated balances available under the
heading ``Executive Office of the President and Funds
Appropriated to the President--Partnership Fund for Program
Integrity Innovation'' in title II of division C of the
Consolidated Appropriations Act, 2010 (Public Law 111-117),
$10,000,000 are rescinded. In addition to the amounts made
available under such heading in this Act, $10,000,000 are
appropriated, to remain available until September 30, 2013.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2012''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance, and
operation of an automobile for the Chief Justice, not to exceed
$10,000 for the purpose of transporting Associate Justices, and
hire of passenger motor vehicles as authorized by 31 U.S.C.
1343 and 1344; not to exceed $10,000 for official reception and
representation expenses; and for miscellaneous expenses, to be
expended as the Chief Justice may approve, $74,819,000, of
which $2,000,000 shall remain available until expended.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $8,159,000, to remain
available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $32,511,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services, and
necessary expenses of the court, as authorized by law,
$21,447,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retired from office or from regular active
service, judges of the United States Court of Federal Claims,
bankruptcy judges, magistrate judges, and all other officers
and employees of the Federal Judiciary not otherwise
specifically provided for, necessary expenses of the courts,
and the purchase, rental, repair, and cleaning of uniforms for
Probation and Pretrial Services Office staff, as authorized by
law, $5,015,000,000 (including the purchase of firearms and
ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $5,000,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under 18 U.S.C. 3006A and 3599,
and for the compensation and reimbursement of expenses of
persons furnishing investigative, expert, and other services
for such representations as authorized by law; the compensation
(in accordance with the maximums under 18 U.S.C. 3006A) and
reimbursement of expenses of attorneys appointed to assist the
court in criminal cases where the defendant has waived
representation by counsel; the compensation and reimbursement
of expenses of attorneys appointed to represent jurors in civil
actions for the protection of their employment, as authorized
by 28 U.S.C. 1875(d)(1); the compensation and reimbursement of
expenses of attorneys appointed under 18 U.S.C. 983(b)(1) in
connection with certain judicial civil forfeiture proceedings;
the compensation and reimbursement of travel expenses of
guardians ad litem appointed under 18 U.S.C. 4100(b); and for
necessary training and general administrative expenses,
$1,031,000,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71.1(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)),
$51,908,000, to remain available until expended: Provided,
That the compensation of land commissioners shall not exceed
the daily equivalent of the highest rate payable under 5 U.S.C.
5332.
court security
(including transfers of funds)
For necessary expenses, not otherwise provided for,
incident to the provision of protective guard services for
United States courthouses and other facilities housing Federal
court operations, and the procurement, installation, and
maintenance of security systems and equipment for United States
courthouses and other facilities housing Federal court
operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols,
perimeter security, basic security services provided by the
Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $500,000,000, of
which not to exceed $15,000,000 shall remain available until
expended, to be expended directly or transferred to the United
States Marshals Service, which shall be responsible for
administering the Judicial Facility Security Program consistent
with standards or guidelines agreed to by the Director of the
Administrative Office of the United States Courts and the
Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $82,909,000, of which not
to exceed $8,500 is authorized for official reception and
representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $27,000,000; of which
$1,800,000 shall remain available through September 30, 2013,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $86,968,000; to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$12,600,000; and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$4,200,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$16,500,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary in
this Act may be transferred between such appropriations, but no
such appropriation, except ``Courts of Appeals, District
Courts, and Other Judicial Services, Defender Services'' and
``Courts of Appeals, District Courts, and Other Judicial
Services, Fees of Jurors and Commissioners'', shall be
increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under sections 604 and 608
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in section 608.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses of
the Judicial Conference of the United States: Provided, That
such available funds shall not exceed $11,000 and shall be
administered by the Director of the Administrative Office of
the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Section 3314(a) of title 40, United States Code,
shall be applied by substituting ``Federal'' for ``executive''
each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of the
Administrative Office of the United States Courts, for purposes
of a pilot program, the security services that 40 U.S.C. 1315
authorizes the Department of Homeland Security to provide,
except for the services specified in 40 U.S.C. 1315(b)(2)(E).
For building-specific security services at these courthouses,
the Director of the Administrative Office of the United States
Courts shall reimburse the United States Marshals Service
rather than the Department of Homeland Security.
Sec. 306. Section 203(c) of the Judicial Improvements Act
of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended--
(1) in the third sentence (relating to the District
of Kansas), by striking ``20 years'' and inserting ``21
years''; and
(2) in the seventh sentence (related to the
District of Hawaii), by striking ``17 years'' and
inserting ``18 years''.
This title may be cited as the ``Judiciary Appropriations
Act, 2012''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program to
be administered by the Mayor, for District of Columbia resident
tuition support, $30,000,000, to remain available until
expended: Provided, That such funds, including any interest
accrued thereon, may be used on behalf of eligible District of
Columbia residents to pay an amount based upon the difference
between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each
year at eligible private institutions of higher education:
Provided further, That the awarding of such funds may be
prioritized on the basis of a resident's academic merit, the
income and need of eligible students and such other factors as
may be authorized: Provided further, That the District of
Columbia government shall maintain a dedicated account for the
Resident Tuition Support Program that shall consist of the
Federal funds appropriated to the Program in this Act and any
subsequent appropriations, any unobligated balances from prior
fiscal years, and any interest earned in this or any fiscal
year: Provided further, That the account shall be under the
control of the District of Columbia Chief Financial Officer,
who shall use those funds solely for the purposes of carrying
out the Resident Tuition Support Program: Provided further,
That the Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on Appropriations
of the House of Representatives and the Senate for these funds
showing, by object class, the expenditures made and the purpose
therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written
consultation with the elected county or city officials of
surrounding jurisdictions, $14,900,000, to remain available
until expended and in addition any funds that remain available
from prior year appropriations under this heading for the
District of Columbia Government, for the costs of providing
public safety at events related to the presence of the national
capital in the District of Columbia, including support
requested by the Director of the United States Secret Service
Division in carrying out protective duties under the direction
of the Secretary of Homeland Security, and for the costs of
providing support to respond to immediate and specific
terrorist threats or attacks in the District of Columbia or
surrounding jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia
Courts, $232,841,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $12,830,000, of which
not to exceed $2,500 is for official reception and
representation expenses; for the District of Columbia Superior
Court, $114,209,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the
District of Columbia Court System, $66,712,000, of which not to
exceed $2,500 is for official reception and representation
expenses; and $39,090,000, to remain available until September
30, 2013, for capital improvements for District of Columbia
courthouse facilities: Provided, That funds made available for
capital improvements shall be expended consistent with the
District of Columbia Courts master plan study and building
evaluation report: Provided further, That notwithstanding any
other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the House
of Representatives and the Senate, the District of Columbia
Courts may reallocate not more than $3,000,000 of the funds
provided under this heading among the items and entities funded
under this heading but no such allocation shall be increased by
more than 10 percent.
federal payment for defender services in district of columbia courts
(including transfer of funds)
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice Act),
payments for counsel appointed in proceedings in the Family
Court of the Superior Court of the District of Columbia under
chapter 23 of title 16, D.C. Official Code, or pursuant to
contractual agreements to provide guardian ad litem
representation, training, technical assistance, and such other
services as are necessary to improve the quality of guardian ad
litem representation, payments for counsel appointed in
adoption proceedings under chapter 3 of title 16, D.C. Official
Code, and payments authorized under section 21-2060, D.C.
Official Code (relating to services provided under the District
of Columbia Guardianship, Protective Proceedings, and Durable
Power of Attorney Act of 1986), $55,000,000, to remain
available until expended: Provided, That funds provided under
this heading shall be administered by the Joint Committee on
Judicial Administration in the District of Columbia: Provided
further, That notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for expenses of other Federal
agencies: Provided further, That not more than $10,000,000 of
the funds provided in this account may be transferred to, and
merged with, funds made available under the heading ``Federal
Payment to the District of Columbia Courts'' for District of
Columbia courthouse facilities.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as authorized
by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $212,983,000, of which not to exceed
$2,000 is for official reception and representation expenses
related to Community Supervision and Pretrial Services Agency
programs; of which not to exceed $25,000 is for dues and
assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision
Act of 2002; of which $1,000,000 shall remain available until
September 30, 2014 for relocation of the Pretrial Services
Agency drug testing laboratory; of which $153,548,000 shall be
for necessary expenses of Community Supervision and Sex
Offender Registration, to include expenses relating to the
supervision of adults subject to protection orders or the
provision of services for or related to such persons; of which
$59,435,000 shall be available to the Pretrial Services Agency:
Provided, That notwithstanding any other provision of law, all
amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended
in the same manner as funds appropriated for salaries and
expenses of other Federal agencies: Provided further, That not
less than $1,500,000 shall be available for re-entrant housing
in the District of Columbia: Provided further, That the
Director is authorized to accept and use gifts in the form of
in-kind contributions of space and hospitality to support
offender and defendant programs, and equipment and vocational
training services to educate and train offenders and
defendants: Provided further, That the Director shall keep
accurate and detailed records of the acceptance and use of any
gift or donation under the previous proviso, and shall make
such records available for audit and public inspection:
Provided further, That the Court Services and Offender
Supervision Agency Director is authorized to accept and use
reimbursement from the District of Columbia Government for
space and services provided on a cost reimbursable basis.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public Defender
Service, as authorized by the National Capital Revitalization
and Self-Government Improvement Act of 1997, $37,241,000:
Provided, That notwithstanding any other provision of law, all
amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended
in the same manner as funds appropriated for salaries and
expenses of Federal agencies.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and
Sewer Authority, $15,000,000, to remain available until
expended, to continue implementation of the Combined Sewer
Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a 100 percent match
for this payment.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating
Council, $1,800,000, to remain available until expended, to
support initiatives related to the coordination of Federal and
local criminal justice resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September
30, 2013, to the Commission on Judicial Disabilities and
Tenure, $295,000, and for the Judicial Nomination Commission,
$205,000.
federal payment for school improvement
For a Federal payment for a school improvement program in
the District of Columbia, $60,000,000, to remain available
until expended, for payments authorized under the Scholarship
for Opportunity and Results Act (division C of Public Law 112-
10).
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National
Guard, $375,000, to remain available until expended for the
Major General David F. Wherley, Jr. District of Columbia
National Guard Retention and College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals
with, human immunodeficiency virus and acquired
immunodeficiency syndrome in the District of Columbia,
$5,000,000.
District of Columbia Funds
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the General Fund of
the District of Columbia (``General Fund''), except as
otherwise specifically provided: Provided, That
notwithstanding any other provision of law, except as provided
in section 450A of the District of Columbia Home Rule Act, (114
Stat. 2440; D.C. Official Code, section 1-204.50a) and
provisions of this Act, the total amount appropriated in this
Act for operating expenses for the District of Columbia for
fiscal year 2012 under this heading shall not exceed the lesser
of the sum of the total revenues of the District of Columbia
for such fiscal year or $10,916,966,000 (of which
$6,208,646,000 shall be from local funds, (including
$526,594,000 from dedicated taxes), $1,015,449,000 shall be
from Federal grant funds, $1,499,115,000 from Medicaid
payments, $2,040,504,000 shall be from other funds, and
$25,677,000 shall be from private funds, and $127,575,000 shall
be from funds previously appropriated in this Act as Federal
payments: Provided further, That of the local funds, such
amounts as may be necessary may be derived from the District's
General Fund balance: Provided further, That of these funds
the District's intra-District authority shall be $619,632,000:
in addition, for capital construction projects, an increase of
$4,007,501,000, of which $2,934,011,000 shall be from local
funds, $223,858,000 from the District of Columbia Highway Trust
Fund, $33,140,000 from the Local Transportation Fund,
$816,492,000 from Federal grant funds, and a rescission of
$2,849,882,000 of which $1,796,345,000 shall be from local
funds, $749,426,000 from Federal grant funds, $252,694,000 from
the District of Columbia Highway Trust Fund, and $51,416,000
from the Local Transportation Fund appropriated under this
heading in prior fiscal years, for a net amount of
$1,157,619,000, to remain available until expended: Provided
further, That the amounts provided under this heading are to be
available, allocated, and expended as proposed under title III
of the Fiscal Year 2012 Budget Request Act of 2011, at the rate
set forth under ``District of Columbia Funds Division of
Expenses'' as included in the Fiscal Year 2012 Proposed Budget
and Financial Plan submitted to the Congress by the District of
Columbia: Provided further, That this amount may be increased
by proceeds of one-time transactions, which are expended for
emergency or unanticipated operating or capital needs:
Provided further, That such increases shall be approved by
enactment of local District law and shall comply with all
reserve requirements contained in the District of Columbia Home
Rule Act: Provided further, That the Chief Financial Officer
of the District of Columbia shall take such steps as are
necessary to assure that the District of Columbia meets these
requirements, including the apportioning by the Chief Financial
Officer of the appropriations and funds made available to the
District during fiscal year 2012, except that the Chief
Financial Officer may not reprogram for operating expenses any
funds derived from bonds, notes, or other obligations issued
for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2012''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq.,
$2,900,000, to remain available until September 30, 2013, of
which not to exceed $1,000 is for official reception and
representation expenses.
Christopher Columbus Fellowship Foundation
salaries and expenses
For payment to the Christopher Columbus Fellowship
Foundation, established by section 423 of Public Law 102-281,
$450,000, to remain available until expended.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $4,000 for official
reception and representation expenses, $114,500,000, of which
$500,000 shall remain available until September 30, 2013, to
implement the Virginia Graeme Baker Pool and Spa Safety Act
grant program as provided by section 1405 of Public Law 100-140
(15 U.S.C. 8004).
administrative provisions--consumer product safety commission
Sec. 501. Section 4(g) of the Consumer Product Safety Act
(15 U.S.C. 2053(g)) is amended by adding at the end the
following:
``(5) The Chairman may provide to officers and
employees of the Commission who are appointed or
assigned by the Commission to serve abroad (as defined
in section 102 of the Foreign Service Act of 1980 (22
U.S.C. 3902)) travel benefits similar to those
authorized for members of the Foreign Service of the
United Service under chapter 9 of such Act (22 U.S.C.
4081 et seq.).''.
Sec. 502. (a) Extension of Grant Program.--Section 1405(e)
of the Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C.
8004(e)) is amended by striking ``2011'' and inserting
``2012''.
(b) New Swimming Pools.--Section 1405(b) of the Virginia
Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8004(b)) is
amended by inserting ``constructed after the date that is 6
months after the date of enactment of the Financial Services
and General Government Appropriations Act, 2012'' after
``swimming pools''.
Sec. 503. Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United
States shall conduct an analysis of the potential safety risks
associated with new and emerging consumer products, including
chemicals and other materials used in their manufacture, taking
into account the ability and authority of the Consumer Product
Safety Commission--
(1) to identify, assess, and address such risks in
a timely manner; and
(2) to keep abreast of the effects of new and
emerging consumer products on public health and safety.
Sec. 504. Not later than 150 days after the date of the
enactment of this Act, the Comptroller General of the United
States shall conduct an analysis of--
(1) the extent to which manufacturers comply with
voluntary industry standards for consumer products,
particularly with respect to inexpensive, imported
products;
(2) whether there are consequences for such
manufacturers for failing to comply with such
standards;
(3) whether the Consumer Product Safety Commission
has the authority and the ability to require compliance
with such standards; and
(4) whether there are patterns of non-compliance
with such standards among certain types of products or
certain types of manufacturers.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107-252), $11,500,000, of which
$2,750,000 shall be transferred to the National Institute of
Standards and Technology for election reform activities
authorized under the Help America Vote Act of 2002, and of
which $1,250,000 shall be for the Office of Inspector General.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special counsel
fees; and services as authorized by 5 U.S.C. 3109,
$339,844,000: Provided, That $339,844,000 of offsetting
collections shall be assessed and collected pursuant to section
9 of title I of the Communications Act of 1934, shall be
retained and used for necessary expenses in this appropriation,
and shall remain available until expended: Provided further,
That the sum herein appropriated shall be reduced as such
offsetting collections are received during fiscal year 2012 so
as to result in a final fiscal year 2012 appropriation
estimated at $0: Provided further, That any offsetting
collections received in excess of $339,844,000 in fiscal year
2012 shall not be available for obligation: Provided further,
That remaining offsetting collections from prior years
collected in excess of the amount specified for collection in
each such year and otherwise becoming available on October 1,
2011, shall not be available for obligation: Provided further,
That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the
use of a competitive bidding system that may be retained and
made available for obligation shall not exceed $85,000,000 for
fiscal year 2012: Provided further, That of the amount
appropriated under this heading, not less than $9,750,000 shall
be for the salaries and expenses of the Office of Inspector
General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service
Antideficiency Temporary Suspension Act is amended by striking
``December 31, 2011'', each place it appears and inserting
``December 31, 2013''.
Sec. 511. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal service
support payments to implement the February 27, 2004
recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $45,261,000, to be derived from the Deposit Insurance
Fund or, only when appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, $66,367,000, of which
not to exceed $5,000 shall be available for reception and
representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and including official reception and
representation expenses (not to exceed $1,500) and rental of
conference rooms in the District of Columbia and elsewhere,
$24,723,000: Provided, That public members of the Federal
Service Impasses Panel may be paid travel expenses and per diem
in lieu of subsistence as authorized by law (5 U.S.C. 5703) for
persons employed intermittently in the Government service, and
compensation as authorized by 5 U.S.C. 3109: Provided further,
That notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management
relations conferences shall be credited to and merged with this
account, to be available without further appropriation for the
costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; hire
of passenger motor vehicles; and not to exceed $2,000 for
official reception and representation expenses, $311,563,000,
to remain available until expended: Provided, That not to
exceed $300,000 shall be available for use to contract with a
person or persons for collection services in accordance with
the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed
$108,000,000 of offsetting collections derived from fees
collected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18a), regardless of the year of collection, shall be retained
and used for necessary expenses in this appropriation:
Provided further, That, notwithstanding any other provision of
law, not to exceed $21,000,000 in offsetting collections
derived from fees sufficient to implement and enforce the
Telemarketing Sales Rule, promulgated under the Telemarketing
and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et
seq.), shall be credited to this account, and be retained and
used for necessary expenses in this appropriation: Provided
further, That the sum herein appropriated from the general fund
shall be reduced as such offsetting collections are received
during fiscal year 2012, so as to result in a final fiscal year
2012 appropriation from the general fund estimated at not more
than $182,563,000: Provided further, That none of the funds
made available to the Federal Trade Commission may be used to
implement subsection (e)(2)(B) of section 43 of the Federal
Deposit Insurance Act (12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
Amounts in the Fund, including revenues and collections
deposited into the Fund shall be available for necessary
expenses of real property management and related activities not
otherwise provided for, including operation, maintenance, and
protection of federally owned and leased buildings; rental of
buildings in the District of Columbia; restoration of leased
premises; moving governmental agencies (including space
adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation and transfer of
space; contractual services incident to cleaning or servicing
buildings, and moving; repair and alteration of federally owned
buildings including grounds, approaches and appurtenances; care
and safeguarding of sites; maintenance, preservation,
demolition, and equipment; acquisition of buildings and sites
by purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites;
conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or
otherwise; construction of new buildings (including equipment
for such buildings); and payment of principal, interest, and
any other obligations for public buildings acquired by
installment purchase and purchase contract; in the aggregate
amount of $8,017,967,000, of which: (1) $50,000,000 shall
remain available until expended for construction and
acquisition (including funds for sites and expenses, and
associated design and construction services): Provided, That
the General Services Administration shall submit a detailed
plan, by project, regarding the use of funds to the Committees
on Appropriations of the House of Representatives and the
Senate within 30 days of enactment of this section and will
provide notification to the Committees within 15 days prior to
any changes regarding the use of these funds; (2) $280,000,000
shall remain available until expended for repairs and
alterations, which includes associated design and construction
services, of which $260,000,000 is for Basic Repairs and
Alterations and $20,000,000 is for a Judiciary Capital Security
program: Provided further, That funds made available in this
or any previous Act in the Federal Buildings Fund for Repairs
and Alterations shall, for prospectus projects, be limited to
the amount identified for each project, except each project in
this or any previous Act may be increased by an amount not to
exceed 10 percent unless advance approval is obtained from the
Committees on Appropriations of a greater amount: Provided
further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if
advance approval is obtained from the Committees on
Appropriations: Provided further, That the amounts provided in
this or any prior Act for ``Repairs and Alterations'' may be
used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum
standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the appropriate
Committees of the House and Senate: Provided further, That the
difference between the funds appropriated and expended on any
projects in this or any prior Act, under the heading ``Repairs
and Alterations'', may be transferred to Basic Repairs and
Alterations or used to fund authorized increases in prospectus
projects: Provided further, That all funds for repairs and
alterations prospectus projects shall expire on September 30,
2013 and remain in the Federal Buildings Fund except funds for
projects as to which funds for design or other funds have been
obligated in whole or in part prior to such date: Provided
further, That the amount provided in this or any prior Act for
Basic Repairs and Alterations may be used to pay claims against
the Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects; (3) $126,801,000 for
installment acquisition payments including payments on purchase
contracts which shall remain available until expended; (4)
$5,210,198,000 for rental of space which shall remain available
until expended; and (5) $2,350,968,000 for building operations
which shall remain available until expended: Provided further,
That funds available to the General Services Administration
shall not be available for expenses of any construction,
repair, alteration and acquisition project for which a
prospectus, if required by 40 U.S.C. 3307(a), has not been
approved, except that necessary funds may be expended for each
project for required expenses for the development of a proposed
prospectus: Provided further, That funds available in the
Federal Buildings Fund may be expended for emergency repairs
when advance approval is obtained from the Committees on
Appropriations: Provided further, That amounts necessary to
provide reimbursable special services to other agencies under
40 U.S.C. 592(b)(2) and amounts to provide such reimbursable
fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or
control as may be appropriate to enable the United States
Secret Service to perform its protective functions pursuant to
18 U.S.C. 3056, shall be available from such revenues and
collections: Provided further, That revenues and collections
and any other sums accruing to this Fund during fiscal year
2012, excluding reimbursements under 40 U.S.C. 592(b)(2) in
excess of the aggregate new obligational authority authorized
for Real Property Activities of the Federal Buildings Fund in
this Act shall remain in the Fund and shall not be available
for expenditure except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities associated
with the management of real and personal property assets and
certain administrative services; Government-wide policy support
responsibilities relating to acquisition, telecommunications,
information technology management, and related technology
activities; and services as authorized by 5 U.S.C. 3109;
$61,115,000.
operating expenses
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization and
donation of surplus personal property; disposal of real
property; agency-wide policy direction, management, and
communications; the Civilian Board of Contract Appeals;
services as authorized by 5 U.S.C. 3109; and not to exceed
$7,500 for official reception and representation expenses;
$69,500,000.
office of inspector general
For necessary expenses of the Office of Inspector General
and service authorized by 5 U.S.C. 3109, $58,000,000:
Provided, That not to exceed $15,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen Government
property: Provided further, That not to exceed $2,500 shall be
available for awards to employees of other Federal agencies and
private citizens in recognition of efforts and initiatives
resulting in enhanced Office of Inspector General
effectiveness.
electronic government fund
(including transfer of funds)
For necessary expenses in support of interagency projects
that enable the Federal Government to expand its ability to
conduct activities electronically, through the development and
implementation of innovative uses of the Internet and other
electronic methods, $12,400,000, to remain available until
expended: Provided, That these funds may be transferred to
Federal agencies to carry out the purpose of the Fund:
Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this Act:
Provided further, That such transfers may not be made until 10
days after a proposed spending plan and explanation for each
project to be undertaken has been submitted to the Committees
on Appropriations of the House of Representatives and the
Senate.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25,
1958 (3 U.S.C. 102 note), and Public Law 95-138, $3,671,000.
federal citizen services fund
For necessary expenses of the Office of Citizen Services
and Innovative Technologies, including services authorized by 5
U.S.C. 3109, $34,100,000, to be deposited into the Federal
Citizen Services Fund: Provided, That the appropriations,
revenues, and collections deposited into the Fund shall be
available for necessary expenses of Federal Citizen Services
activities in the aggregate amount not to exceed $90,000,000.
Appropriations, revenues, and collections accruing to this Fund
during fiscal year 2012 in excess of such amount shall remain
in the Fund and shall not be available for expenditure except
as authorized in appropriations Acts.
Administrative Provisions--General Services Administration
(including transfers of funds and rescission)
Sec. 520. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made
available for fiscal year 2012 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance to the
Committees on Appropriations of the House of Representatives
and the Senate.
Sec. 522. Except as otherwise provided in this title,
funds made available by this Act shall be used to transmit a
fiscal year 2013 request for United States Courthouse
construction only if the request: (1) meets the design guide
standards for construction as established and approved by the
General Services Administration, the Judicial Conference of the
United States, and the Office of Management and Budget; (2)
reflects the priorities of the Judicial Conference of the
United States as set out in its approved 5-year construction
plan; and (3) includes a standardized courtroom utilization
study of each facility to be constructed, replaced, or
expanded.
Sec. 523. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service
usually provided through the Federal Buildings Fund, to any
agency that does not pay the rate per square foot assessment
for space and services as determined by the General Services
Administration in consideration of the Public Buildings
Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than $250,000
arising from direct construction projects and acquisition of
buildings may be liquidated from savings effected in other
construction projects with prior notification to the Committees
on Appropriations of the House of Representatives and the
Senate.
Sec. 525. In any case in which the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate adopt a resolution granting lease authority
pursuant to a prospectus transmitted to Congress by the
Administrator of the General Services Administration under 40
U.S.C. 3307, the Administrator shall ensure that the delineated
area of procurement is identical to the delineated area
included in the prospectus for all lease agreements, except
that, if the Administrator determines that the delineated area
of the procurement should not be identical to the delineated
area included in the prospectus, the Administrator shall
provide an explanatory statement to each of such committees and
the Committees on Appropriations of the House of
Representatives and the Senate prior to exercising any lease
authority provided in the resolution.
Sec. 526. Section 1703 of title 41 U.S.C. is amended in
paragraph (i)(6) by:
(1) deleting ``for training''; and
(2) deleting ``paragraph (2)'' and inserting in
lieu thereof ``subparagraphs (A) and (C) to (J) of
section 1122(a)(5) of this title''.
Sec. 527. Of the amounts made available under the heading
``Policy and Operations'' for the maintenance, protection, and
disposal of the U.S. Coast Guard Service Center at Governor's
Island, New York and the Lorton Correctional Facility in
Lorton, Virginia in prior years whether appropriated directly
to the General Services Administration (GSA) or to any other
agency of the Government and received by GSA for such purpose,
$4,600,000 are rescinded.
Sec. 528. Within 120 days of enactment, the General
Services Administration shall submit a detailed report to the
Committees on Appropriations of the House of Representatives
and the Senate that describes each program, project, or
activity that is funded by appropriations to General Services
Administration but is not under the control or direction, in
statute or in practice, of the Administrator of General
Services.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93-642,
$748,000, to remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note),
including services as authorized by 5 U.S.C. 3109, rental of
conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, direct procurement of survey
printing, and not to exceed $2,000 for official reception and
representation expenses, $40,258,000, to remain available until
September 30, 2013, together with not to exceed $2,345,000, to
remain available until September 30, 2013, for administrative
expenses to adjudicate retirement appeals to be transferred
from the Civil Service Retirement and Disability Fund in
amounts determined by the Merit Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
For payment to the Morris K. Udall and Stewart L. Udall
Trust Fund, pursuant to the Morris K. Udall and Stewart L.
Udall Foundation Act (20 U.S.C. 5601 et seq.), $2,200,000, to
remain available until expended, of which, notwithstanding
sections 8 and 9 of such Act: (1) up to $50,000 shall be used
to conduct financial audits pursuant to the Accountability of
Tax Dollars Act of 2002 (Public Law 107-289); and (2) up to
$1,000,000 shall be available to carry out the activities
authorized by section 6(7) of Public Law 102-259 (20 U.S.C.
5604(7)).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy and
Conflict Resolution Act of 1998, $3,792,000, to remain
available until expended.
National Archives and Records Administration
operating expenses
(including transfer of funds)
For necessary expenses in connection with the
administration of the National Archives and Records
Administration (including the Information Security Oversight
Office) and archived Federal records and related activities, as
provided by law, and for expenses necessary for the review and
declassification of documents and the activities of the Public
Interest Declassification Board, and for necessary expenses in
connection with the operations and maintenance of the
electronic records archives to include all direct project costs
associated with research, program management, and corrective
and adaptive software maintenance, and for the hire of
passenger motor vehicles, and for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901 et seq.),
including maintenance, repairs, and cleaning, $373,300,000:
Provided, That all remaining balances appropriated in prior
fiscal years under the heading ``Electronic Records Archives''
shall be transferred to this account.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Reform
Act of 2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and
the Inspector General Act of 1978 (5 U.S.C. App.), and for the
hire of passenger motor vehicles, $4,100,000.
repairs and restoration
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$9,100,000, to remain available until expended: Provided, That
from amounts made available for the Military Personnel Records
Center requirement study under this heading in Public Law 108-
199, the remaining unobligated balances shall be available to
implement the National Archives and Records Administration
Capital Improvement Plan: Provided further, That from amounts
made available under this heading in Public Law 111-8 for
construction costs and related services for building the
addition to the John F. Kennedy Presidential Library and Museum
and other necessary expenses, including renovating the Library
as needed in constructing the addition, the remaining
unobligated balances shall be available to implement the
National Archives and Records Administration Capital
Improvement Plan.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44 U.S.C.
2504, $5,000,000, to remain available until expended.
National Credit Union Administration
central liquidity facility
During fiscal year 2012, gross obligations of the Central
Liquidity Facility for the principal amount of new direct loans
to member credit unions, as authorized by 12 U.S.C. 1795 et
seq., shall be the amount authorized by section 307(a)(4)(A) of
the Federal Credit Union Act (12 U.S.C. 1795f(a)(4)(A)):
Provided, That administrative expenses of the Central Liquidity
Facility in fiscal year 2012 shall not exceed $1,250,000.
community development revolving loan fund
For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,247,000
shall be available until September 30, 2013 for technical
assistance to low-income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, and the Ethics Reform Act of 1989, including services
as authorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger motor
vehicles, and not to exceed $1,500 for official reception and
representation expenses, $13,664,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on a
fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances
to employees where Voting Rights Act activities require an
employee to remain overnight at his or her post of duty,
$97,774,000, of which $6,004,000 shall remain available until
expended for the Enterprise Human Resources Integration
project, of which $642,000 may be for strengthening the
capacity and capabilities of the acquisition workforce (as
defined by the Office of Federal Procurement Policy Act, as
amended (41 U.S.C. 4001 et seq.)), including the recruitment,
hiring, training, and retention of such workforce and
information technology in support of acquisition workforce
effectiveness or for management solutions to improve
acquisition management, and of which $1,416,000 shall remain
available until expended for the Human Resources Line of
Business project; and in addition $112,516,000 for
administrative expenses, to be transferred from the appropriate
trust funds of OPM without regard to other statutes, including
direct procurement of printed materials, for the retirement and
insurance programs: Provided, That the provisions of this
appropriation shall not affect the authority to use applicable
trust funds as provided by sections 8348(a)(1)(B), and
9004(f)(2)(A) of title 5, United States Code: Provided
further, That no part of this appropriation shall be available
for salaries and expenses of the Legal Examining Unit of OPM
established pursuant to Executive Order No. 9358 of July 1,
1943, or any successor unit of like purpose: Provided further,
That the President's Commission on White House Fellows,
established by Executive Order No. 11183 of October 3, 1964,
may, during fiscal year 2012, accept donations of money,
property, and personal services: Provided further, That such
donations, including those from prior years, may be used for
the development of publicity materials to provide information
about the White House Fellows, except that no such donations
shall be accepted for travel or reimbursement of travel
expenses, or for the salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, including services as authorized by 5 U.S.C. 3109, hire
of passenger motor vehicles, $3,142,000, and in addition, not
to exceed $21,174,000 for administrative expenses to audit,
investigate, and provide other oversight of the Office of
Personnel Management's retirement and insurance programs, to be
transferred from the appropriate trust funds of the Office of
Personnel Management, as determined by the Inspector General:
Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
government payment for annuitants, employees health benefits
For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849), such sums as may be necessary.
government payment for annuitants, employee life insurance
For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by
chapter 87 of title 5, United States Code, such sums as may be
necessary.
payment to civil service retirement and disability fund
For financing the unfunded liability of new and increased
annuity benefits becoming effective on or after October 20,
1969, as authorized by 5 U.S.C. 8348, and annuities under
special Acts to be credited to the Civil Service Retirement and
Disability Fund, such sums as may be necessary: Provided, That
annuities authorized by the Act of May 29, 1944, and the Act of
August 19, 1950 (33 U.S.C. 771-775), may hereafter be paid out
of the Civil Service Retirement and Disability Fund.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), the Whistleblower Protection Act of 1989 (Public Law 101-
12), Public Law 107-304, and the Uniformed Services Employment
and Reemployment Rights Act of 1994 (Public Law 103-353),
including services as authorized by 5 U.S.C. 3109, payment of
fees and expenses for witnesses, rental of conference rooms in
the District of Columbia and elsewhere, and hire of passenger
motor vehicles; $18,972,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission
in carrying out the provisions of the Postal Accountability and
Enhancement Act (Public Law 109-435), $14,304,000, to be
derived by transfer from the Postal Service Fund and expended
as authorized by section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties
Oversight Board, as authorized by section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (5
U.S.C. 601 note), $900,000, to remain available until September
30, 2013.
Recovery Accountability and Transparency Board
salaries and expenses
For necessary expenses of the Recovery Accountability and
Transparency Board to carry out the provisions of title XV of
the American Recovery and Reinvestment Act of 2009 (Public Law
111-5), and to develop and test information technology
resources and oversight mechanisms to enhance transparency of
and detect and remediate waste, fraud, and abuse in Federal
spending, $28,350,000, to remain available until September 30,
2013.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the
District of Columbia and elsewhere, and not to exceed $3,500
for official reception and representation expenses,
$1,321,000,000, to remain available until expended; of which
not less than $6,795,000 shall be for the Office of Inspector
General; of which not to exceed $45,000 shall be available for
a permanent secretariat for the International Organization of
Securities Commissions; and of which not to exceed $100,000
shall be available for expenses for consultations and meetings
hosted by the Commission with foreign governmental and other
regulatory officials, members of their delegations and staffs
to exchange views concerning securities matters, such expenses
to include necessary logistic and administrative expenses and
the expenses of Commission staff and foreign invitees in
attendance including: (1) incidental expenses such as meals;
(2) travel and transportation; and (3) related lodging or
subsistence: Provided, That fees and charges authorized by
section 31 of the Securities Exchange Act of 1934 (15 U.S.C.
78ee) shall be credited to this account as offsetting
collections: Provided further, That not to exceed
$1,321,000,000 of such offsetting collections shall be
available until expended for necessary expenses of this
account: Provided further, That the total amount appropriated
under this heading from the general fund for fiscal year 2012
shall be reduced as such offsetting fees are received so as to
result in a final total fiscal year 2012 appropriation from the
general fund estimated at not more than $0.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; purchase of uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to
exceed $750 for official reception and representation expenses;
$23,984,000: Provided, That during the current fiscal year,
the President may exempt this appropriation from the provisions
of 31 U.S.C. 1341, whenever the President deems such action to
be necessary in the interest of national defense: Provided
further, That none of the funds appropriated by this Act may be
expended for or in connection with the induction of any person
into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration as authorized by Public Law 108-
447, including hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343 and 1344, and not to exceed $3,500 for
official reception and representation expenses, $417,348,000:
Provided, That the Administrator is authorized to charge fees
to cover the cost of publications developed by the Small
Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small Business
Act: Provided further, That, notwithstanding 31 U.S.C. 3302,
revenues received from all such activities shall be credited to
this account, to remain available until expended, for carrying
out these purposes without further appropriations: Provided
further, That the Small Business Administration may accept
gifts in an amount not to exceed $4,000,000 and may co-sponsor
activities, each in accordance with section 132(a) of division
K of Public Law 108-447, during fiscal year 2012: Provided
further, That $112,500,000 shall be available to fund grants
for performance in fiscal year 2012 or fiscal year 2013 as
authorized by section 21 of the Small Business Act, to remain
available until September 30, 2013: Provided further, That
$20,000,000 shall remain available until September 30, 2013 for
marketing, management, and technical assistance under section
7(m) of the Small Business Act (15 U.S.C. 636(m)(4)) by
intermediaries that make microloans under the microloan
program: Provided further, That $7,100,000 shall be available
for the Loan Modernization and Accounting System, to be
available until September 30, 2013: Provided further, That
$2,000,000 shall be for the Federal and State Technology
Partnership Program under section 34 of the Small Business Act
(15 U.S.C. 657d).
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $16,267,000.
office of advocacy
For necessary expenses of the Office of Advocacy in
carrying out the provisions of title II of Public Law 94-305
(15 U.S.C. 634a et seq.) and the Regulatory Flexibility Act of
1980 (5 U.S.C. 601 et seq.), $9,120,000, to remain available
until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $3,678,000, to remain
available until expended, and for the cost of guaranteed loans
as authorized by section 7(a) of the Small Business Act (Public
Law 85-536) and section 503 of the Small Business Investment
Act of 1958 (Public Law 85-699), $207,100,000, to remain
available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided
further, That subject to section 502 of the Congressional
Budget Act of 1974, during fiscal year 2012 commitments to
guarantee loans under section 503 of the Small Business
Investment Act of 1958 shall not exceed $7,500,000,000:
Provided further, That during fiscal year 2012 commitments for
general business loans authorized under section 7(a) of the
Small Business Act shall not exceed $17,500,000,000 for a
combination of amortizing term loans and the aggregated maximum
line of credit provided by revolving loans: Provided further,
That during fiscal year 2012 commitments to guarantee loans for
debentures under section 303(b) of the Small Business
Investment Act of 1958 shall not exceed $3,000,000,000:
Provided further, That during fiscal year 2012, guarantees of
trust certificates authorized by section 5(g) of the Small
Business Act shall not exceed a principal amount of
$12,000,000,000. In addition, for administrative expenses to
carry out the direct and guaranteed loan programs,
$147,958,000, which may be transferred to and merged with the
appropriations for Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan
program authorized by section 7(b) of the Small Business Act,
$117,300,000, to be available until expended, of which
$1,000,000 is for the Office of Inspector General of the Small
Business Administration for audits and reviews of disaster
loans and the disaster loan programs and shall be transferred
to and merged with the appropriations for the Office of
Inspector General; of which $110,300,000 is for direct
administrative expenses of loan making and servicing to carry
out the direct loan program, which may be transferred to and
merged with the appropriations for Salaries and Expenses; and
of which $6,000,000 is for indirect administrative expenses for
the direct loan program, which may be transferred to and merged
with the appropriations for Salaries and Expenses.
administrative provisions--small business administration
(including transfer of funds)
Sec. 530. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Small
Business Administration in this Act may be transferred between
such appropriations, but no such appropriation shall be
increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this paragraph shall be
treated as a reprogramming of funds under section 608 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Sec. 531. Section 7(d)(5)(D) of the Small Business Act (15
U.S.C. 636(d)(5)(D)) is amended by striking ``three years'' and
inserting ``7 years''.
Sec. 532. Beginning in fiscal year 2013 and each fiscal
year thereafter, the budget request for the Small Business
Administration shall provided a detailed justification of any
proposed changes from the enacted level by individual
appropriation. The detailed justification shall include at a
minimum a description of each credit and non-credit program
including amount of funding and costs by appropriation account
and fiscal year. For activities funded in multiple
appropriations, the budget justification shall specify the
amount included in each enacted appropriation, the amount
proposed in the budget year and a justification for any
proposed changes.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c) and
(d) of section 2401 of title 39, United States Code,
$78,153,000, which shall not be available for obligation until
October 1, 2012: Provided, That mail for overseas voting and
mail for the blind shall continue to be free: Provided
further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further,
That none of the funds made available to the Postal Service by
this Act shall be used to implement any rule, regulation, or
policy of charging any officer or employee of any State or
local child support enforcement agency, or any individual
participating in a State or local program of child support
enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further,
That none of the funds provided in this Act shall be used to
consolidate or close small rural and other small post offices
in fiscal year 2012.
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $241,468,000, to be derived by transfer from the Postal
Service Fund and expended as authorized by section 603(b)(3) of
the Postal Accountability and Enhancement Act (Public Law 109-
435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $51,079,000:
Provided, That travel expenses of the judges shall be paid upon
the written certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescissions)
Sec. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year,
nor may any be transferred to other appropriations, unless
expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 605. None of the funds made available by this Act
shall be available for any activity or for paying the salary of
any Government employee where funding an activity or paying a
salary to a Government employee would result in a decision,
determination, rule, regulation, or policy that would prohibit
the enforcement of section 307 of the Tariff Act of 1930 (19
U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with the Buy
American Act (41 U.S.C. 10a-10c).
Sec. 607. No funds appropriated or otherwise made
available under this Act shall be made available to any person
or entity that has been convicted of violating the Buy American
Act (41 U.S.C. 10a-10c).
Sec. 608. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in this
Act that remain available for obligation or expenditure in
fiscal year 2012, or provided from any accounts in the Treasury
derived by the collection of fees and available to the agencies
funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by the
Congress; (4) proposes to use funds directed for a specific
activity by the Committee on Appropriations of either the House
of Representatives or the Senate for a different purpose; (5)
augments existing programs, projects, or activities in excess
of $5,000,000 or 10 percent, whichever is less; (6) reduces
existing programs, projects, or activities by $5,000,000 or 10
percent, whichever is less; or (7) creates or reorganizes
offices, programs, or activities unless prior approval is
received from the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That prior to any
significant reorganization or restructuring of offices,
programs, or activities, each agency or entity funded in this
Act shall consult with the Committees on Appropriations of the
House of Representatives and the Senate: Provided further,
That not later than 60 days after the date of enactment of this
Act, each agency funded by this Act shall submit a report to
the Committees on Appropriations of the House of
Representatives and the Senate to establish the baseline for
application of reprogramming and transfer authorities for the
current fiscal year: Provided further, That at a minimum the
report shall include: (1) a table for each appropriation with a
separate column to display the President's budget request,
adjustments made by Congress, adjustments due to enacted
rescissions, if appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both by
object class and program, project, and activity as detailed in
the budget appendix for the respective appropriation; and (3)
an identification of items of special congressional interest:
Provided further, That the amount appropriated or limited for
salaries and expenses for an agency shall be reduced by
$100,000 per day for each day after the required date that the
report has not been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2012 from appropriations
made available for salaries and expenses for fiscal year 2012
in this Act, shall remain available through September 30, 2013,
for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees on
Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. None of the funds made available in this Act may
be used by the Executive Office of the President to request
from the Federal Bureau of Investigation any official
background investigation report on any individual, except
when--
(1) such individual has given his or her express
written consent for such request not more than 6 months
prior to the date of such request and during the same
presidential administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply with
respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 612. For the purpose of resolving litigation and
implementing any settlement agreements regarding the nonforeign
area cost-of-living allowance program, the Office of Personnel
Management may accept and utilize (without regard to any
restriction on unanticipated travel expenses imposed in an
Appropriations Act) funds made available to the Office of
Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an act
of rape or incest.
Sec. 615. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in chapter 83 of title 41, United States Code (popularly
known as the Buy American Act), shall not apply to the
acquisition by the Federal Government of information technology
(as defined in section 11101 of title 40, United States Code),
that is a commercial item (as defined in section 103 of title
41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency or
commission funded by this Act may accept on behalf of that
agency, nor may such agency or commission accept, payment or
reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling an
officer or employee to attend and participate in any meeting or
similar function relating to the official duties of the officer
or employee when the entity offering payment or reimbursement
is a person or entity subject to regulation by such agency or
commission, or represents a person or entity subject to
regulation by such agency or commission, unless the person or
entity is an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under section
501(a) of such Code.
Sec. 617. The Public Company Accounting Oversight Board
shall have authority to obligate funds for the scholarship
program established by section 109(c)(2) of the Sarbanes-Oxley
Act of 2002 (Public Law 107-204) in an aggregate amount not
exceeding the amount of funds collected by the Board as of
December 31, 2011, including accrued interest, as a result of
the assessment of monetary penalties. Funds available for
obligation in fiscal year 2012 shall remain available until
expended.
Sec. 618. From the unobligated balances of prior year
appropriations made available for the Privacy and Civil
Liberties Oversight Board, $998,000 are rescinded.
Sec. 619. Section 1107 of title 31, United States Code, is
amended by adding to the end thereof the following: ``The
President shall transmit promptly to Congress without change,
proposed deficiency and supplemental appropriations submitted
to the President by the legislative branch and the judicial
branch.''.
Sec. 620. Notwithstanding section 708 of this Act, funds
made available to the Commodity Futures Trading Commission and
the Securities and Exchange Commission by this or any other Act
may be used for the interagency funding and sponsorship of a
joint advisory committee to advise on emerging regulatory
issues.
Sec. 621. For purposes of Public Law 109-285, the period
described in section 5134(f)(1)(B) of title 31, United States
Code, shall be treated as a 2-year, 9-month period.
Sec. 622. The Help America Vote Act of 2002 (Public Law
107-252) is amended by:
(1) inserting in section 255(b)(42 U.S.C. 15405)
``posted on the Commission's website with a notice''
after ``cause to have the plan'';
(2) inserting in section 253(d)(42 U.S.C. 15403)
``notice of'' prior to ``the State plan'';
(3) inserting in section 254(a)(11)(42 U.S.C.
15404) ``notice of'' prior to ``the change''; and
(4) inserting in section 254(a)(11)(C)(42 U.S.C.
15404) ``notice of'' prior to ``the change''.
Sec. 623. From the unobligated balances available in the
Securities and Exchange Commission Reserve Fund established by
section 991 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (Public Law 111-203), $25,000,000 are rescinded.
Sec. 624. The Department of the Treasury, the Executive
Office of the President, the Judiciary, the Federal
Communications Commission, the Federal Trade Commission, the
General Services Administration, the National Archives and
Records Administration, the Securities and Exchange Commission,
and the Small Business Administration shall provide the
Committees on Appropriations of the House and the Senate a
quarterly accounting of the cumulative balances of any
unobligated funds that were received by such agency during any
previous fiscal year.
Sec. 625. (a)(1) Notwithstanding any other provision of
law, an Executive agency covered by this Act otherwise
authorized to enter into contracts for either leases or the
construction or alteration of real property for office,
meeting, storage, or other space must consult with the General
Services Administration before issuing a solicitation for
offers of new leases or construction contracts, and in the case
of succeeding leases, before entering into negotiations with
the current lessor.
(2) Any such agency with authority to enter into an
emergency lease may do so during any period declared by the
President to require emergency leasing authority with respect
to such agency.
(b) For purposes of this section, the term ``Executive
agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General
Services Administration or the United States Postal Service.
Sec. 626. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ``Interagency Working Group on Food Marketed to
Children: Preliminary Proposed Nutrition Principles to Guide
Industry Self-Regulatory Efforts'' unless the Interagency
Working Group on Food Marketed to Children complies with
Executive Order 13563.
Sec. 627. None of the funds made available by this Act may
be used to pay the salaries and expenses for the following
positions:
(1) Director, White House Office of Health Reform.
(2) Assistant to the President for Energy and
Climate Change.
(3) Senior Advisor to the Secretary of the Treasury
assigned to the Presidential Task Force on the Auto
Industry and Senior Counselor for Manufacturing Policy.
(4) White House Director of Urban Affairs.
Sec. 628. None of the funds made available in this Act may
be used by the Federal Communications Commission to remove the
conditions imposed on commercial terrestrial operations in the
Order and Authorization adopted by the Commission on January
26, 2011 (DA 11-133), or otherwise permit such operations,
until the Commission has resolved concerns of potential
widespread harmful interference by such commercial terrestrial
operations to commercially available Global Positioning System
devices.
Sec. 629. None of the funds made available by this Act may
be expended for any new hire by any Federal agency funded in
this Act that is not verified through the E-Verify Program
established under section 403(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note).
Sec. 630. None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to, any corporation with respect to
which any unpaid Federal tax liability has been assessed, for
which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless
the agency has considered suspension or debarment of the
corporation and made a determination that this further action
is not necessary to protect the interests of the Government.
Sec. 631. None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to, any corporation that was convicted
or had an officer or agent of such corporation acting on behalf
of the corporation convicted of a felony criminal violation
under any Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless the agency
has considered suspension or debarment of the corporation, or
such officer or agent and made a determination that this
further action is not necessary to protect the interests of the
Government.
Sec. 632. Section 8909a(d)(3)(A)(v) of title 5, United
States Code, is amended by striking the date specified in such
section and inserting ``August 1, 2012''.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Sec. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2012 shall obligate or expend any
such funds, unless such department, agency, or instrumentality
has in place, and will continue to administer in good faith, a
written policy designed to ensure that all of its workplaces
are free from the illegal use, possession, or distribution of
controlled substances (as defined in the Controlled Substances
Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with subsection 1343(c) of title 31, United States
Code, for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement, and
undercover surveillance vehicles), is hereby fixed at $13,197
except station wagons for which the maximum shall be $13,631:
Provided, That these limits may be exceeded by not to exceed
$3,700 for police-type vehicles, and by not to exceed $4,000
for special heavy-duty vehicles: Provided further, That the
limits set forth in this section may not be exceeded by more
than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid
Vehicle Research, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section may
be exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101-549 over the cost
of comparable conventionally fueled vehicles: Provided
further, That the limits set forth in this section shall not
apply to any vehicle that is a commercial item and which
operates on emerging motor vehicle technology, including but
not limited to electric, plug-in hybrid electric, and hydrogen
fuel cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with 5
U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified during the current
fiscal year, no part of any appropriation contained in this or
any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States
(including any agency the majority of the stock of which is
owned by the Government of the United States) whose post of
duty is in the continental United States unless such person:
(1) is a citizen of the United States; (2) is a person who is
lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a
person who is admitted as a refugee under 8 U.S.C. 1157 or is
granted asylum under 8 U.S.C. 1158 and has filed a declaration
of intention to become a lawful permanent resident and then a
citizen when eligible; or (4) is a person who owes allegiance
to the United States: Provided, That for purposes of this
section, affidavits signed by any such person shall be
considered prima facie evidence that the requirements of this
section with respect to his or her status are being complied
with: Provided further, That for purposes of subsections (2)
and (3) such affidavits shall be submitted prior to employment
and updated thereafter as necessary: Provided further, That
any person making a false affidavit shall be guilty of a
felony, and upon conviction, shall be fined no more than $4,000
or imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing
law: Provided further, That any payment made to any officer or
employee contrary to the provisions of this section shall be
recoverable in action by the Federal Government: Provided
further, That this section shall not apply to any person who is
an officer or employee of the Government of the United States
on the date of enactment of this Act, or to international
broadcasters employed by the Broadcasting Board of Governors,
or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a
result of emergencies: Provided further, That this section
does not apply to the employment as Wildland firefighters for
not more than 120 days of nonresident aliens employed by the
Department of the Interior or the USDA Forest Service pursuant
to an agreement with another country.
Sec. 705. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with the
Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 706. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs. Such
funds shall be available until expended for the following
purposes:
(1) Acquisition, waste reduction and prevention,
and recycling programs as described in Executive Order
No. 13423 (January 24, 2007), including any such
programs adopted prior to the effective date of the
Executive order.
(2) Other Federal agency environmental management
programs, including, but not limited to, the
development and implementation of hazardous waste
management and pollution prevention programs.
(3) Other employee programs as authorized by law or
as deemed appropriate by the head of the Federal
agency.
Sec. 707. Funds made available by this or any other Act
for administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to objects
for which such funds are otherwise available, for rent in the
District of Columbia; services in accordance with 5 U.S.C.
3109; and the objects specified under this head, all the
provisions of which shall be applicable to the expenditure of
such funds unless otherwise specified in the Act by which they
are made available: Provided, That in the event any functions
budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this
or any other Act shall be available for interagency financing
of boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer,
or enforce any regulation which has been disapproved pursuant
to a joint resolution duly adopted in accordance with the
applicable law of the United States.
Sec. 710. During the period in which the head of any
department or agency, or any other officer or civilian employee
of the Federal Government appointed by the President of the
United States, holds office, no funds may be obligated or
expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for any
such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on Appropriations
of the House of Representatives and the Senate. For the
purposes of this section, the term ``office'' shall include the
entire suite of offices assigned to the individual, as well as
any other space used primarily by the individual or the use of
which is directly controlled by the individual.
Sec. 711. Notwithstanding section 31 U.S.C. 1346, or
section 708 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for the
interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit
multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 12472 (April 3, 1984).
Sec. 712. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal
department, agency, or other instrumentality for the salaries
or expenses of any employee appointed to a position of a
confidential or policy-determining character excepted from the
competitive service pursuant to 5 U.S.C. 3302, without a
certification to the Office of Personnel Management from the
head of the Federal department, agency, or other
instrumentality employing the Schedule C appointee that the
Schedule C position was not created solely or primarily in
order to detail the employee to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed forces detailed to or
from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the National Geospatial-Intelligence Agency;
(5) the offices within the Department of Defense
for the collection of specialized national foreign
intelligence through reconnaissance programs;
(6) the Bureau of Intelligence and Research of the
Department of State;
(7) any agency, office, or unit of the Army, Navy,
Air Force, or Marine Corps, the Department of Homeland
Security, the Federal Bureau of Investigation or the
Drug Enforcement Administration of the Department of
Justice, the Department of Transportation, the
Department of the Treasury, or the Department of Energy
performing intelligence functions; or
(8) the Director of National Intelligence or the
Office of the Director of National Intelligence.
Sec. 713. No part of any appropriation contained in this
or any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
(1) prohibits or prevents, or attempts or threatens
to prohibit or prevent, any other officer or employee
of the Federal Government from having any direct oral
or written communication or contact with any Member,
committee, or subcommittee of the Congress in
connection with any matter pertaining to the employment
of such other officer or employee or pertaining to the
department or agency of such other officer or employee
in any way, irrespective of whether such communication
or contact is at the initiative of such other officer
or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay,
demotes, reduces in rank, seniority, status, pay, or
performance or efficiency rating, denies promotion to,
relocates, reassigns, transfers, disciplines, or
discriminates in regard to any employment right,
entitlement, or benefit, or any term or condition of
employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any
Member, committee, or subcommittee of the Congress as
described in paragraph (1).
Sec. 714. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge,
skills, and abilities bearing directly upon the
performance of official duties;
(2) contains elements likely to induce high levels
of emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of
the content and methods to be used in the training and
written end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new
age'' belief systems as defined in Equal Employment
Opportunity Commission Notice N-915.022, dated
September 2, 1988; or
(5) is offensive to, or designed to change,
participants' personal values or lifestyle outside the
workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 715. (a) No funds appropriated in this or any other
Act may be used to implement or enforce the agreements in
Standard Forms 312 and 4414 of the Government or any other
nondisclosure policy, form, or agreement if such policy, form,
or agreement does not contain the following provisions: ``These
restrictions are consistent with and do not supersede, conflict
with, or otherwise alter the employee obligations, rights, or
liabilities created by Executive Order No. 12958; section 7211
of title 5, United States Code (governing disclosures to
Congress); section 1034 of title 10, United States Code, as
amended by the Military Whistleblower Protection Act (governing
disclosure to Congress by members of the military); section
2302(b)(8) of title 5, United States Code, as amended by the
Whistleblower Protection Act of 1989 (governing disclosures of
illegality, waste, fraud, abuse or public health or safety
threats); the Intelligence Identities Protection Act of 1982
(50 U.S.C. 421 et seq.) (governing disclosures that could
expose confidential Government agents); and the statutes which
protect against disclosure that may compromise the national
security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The
definitions, requirements, obligations, rights, sanctions, and
liabilities created by said Executive order and listed statutes
are incorporated into this agreement and are controlling.'':
Provided, That notwithstanding the preceding provision of this
section, a nondisclosure policy form or agreement that is to be
executed by a person connected with the conduct of an
intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for
which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not disclose
any classified information received in the course of such
activity unless specifically authorized to do so by the United
States Government. Such nondisclosure forms shall also make it
clear that they do not bar disclosures to Congress, or to an
authorized official of an executive agency or the Department of
Justice, that are essential to reporting a substantial
violation of law.
(b) Effective 180 days after enactment of this Act,
subsection (a) is amended by--
(1) striking ``Executive Order No. 12958'' and
inserting ``Executive Order No. 13526 (75 Fed. Reg.
707), or any successor thereto'';
(2) after ``the Intelligence Identities Protection
Act of 1982 (50 U.S.C. 421 et seq.) (governing
disclosures that could expose confidential Government
agents);'' inserting ``sections 7(c) and 8H of the
Inspector General Act of 1978 (5 U.S.C. App.) (relating
to disclosures to an inspector general, the inspectors
general of the Intelligence Community, and Congress);
section 103H(g)(3) of the National Security Act of 1947
(50 U.S.C. 403-3h(g)(3) (relating to disclosures to the
inspector general of the Intelligence Community);
sections 17(d)(5) and 17(e)(3) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(5)
and 403q(e)(3)) (relating to disclosures to the
Inspector General of the Central Intelligence Agency
and Congress);''; and
(3) after ``Subversive Activities'' inserting
``Control''.
(c) A nondisclosure agreement entered into before the
effective date of the amendment in subsection (b) may continue
to be implemented and enforced after that effective date if it
complies with the requirements of subsection (a) that were in
effect prior to the effective date of the amendment in
subsection (b).
Sec. 716. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 717. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 718. None of the funds made available in this Act or
any other Act may be used to provide any non-public information
such as mailing or telephone lists to any person or any
organization outside of the Federal Government without the
approval of the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 719. No part of any appropriation contained in this
or any other Act shall be used directly or indirectly,
including by private contractor, for publicity or propaganda
purposes within the United States not heretofore authorized by
the Congress.
Sec. 720. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5
U.S.C. 105; and
(2) includes a military department, as defined
under section 102 of such title, the Postal Service,
and the Postal Regulatory Commission.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official
duties. An employee not under a leave system, including a
Presidential appointee exempted under 5 U.S.C. 6301(2), has an
obligation to expend an honest effort and a reasonable
proportion of such employee's time in the performance of
official duties.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year
by this or any other Act to any department or agency, which is
a member of the Federal Accounting Standards Advisory Board
(FASAB), shall be available to finance an appropriate share of
FASAB administrative costs.
(transfer of funds)
Sec. 722. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide and other multi-agency financial,
information technology, procurement, and other management
innovations, initiatives, and activities, as approved by the
Director of the Office of Management and Budget, in
consultation with the appropriate interagency and multi-agency
groups designated by the Director (including the President's
Management Council for overall management improvement
initiatives, the Chief Financial Officers Council for financial
management initiatives, the Chief Information Officers Council
for information technology initiatives, the Chief Human Capital
Officers Council for human capital initiatives, the Chief
Acquisition Officers Council for procurement initiatives, and
the Performance Improvement Council for performance improvement
initiatives): Provided further, That the total funds
transferred or reimbursed shall not exceed $17,000,000 for
Government-Wide innovations, initiatives, and activities:
Provided further, That the funds transferred to or for
reimbursement of ``General Services Administration, Government-
wide Policy'' during fiscal year 2012 shall remain available
for obligation through September 30, 2013: Provided further,
That such transfers or reimbursements may only be made after 15
days following notification of the Committees on Appropriations
by the Director of the Office of Management and Budget.
Sec. 723. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child are
otherwise authorized to be present at the location.
Sec. 724. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the interagency
funding of specific projects, workshops, studies, and similar
efforts to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No. 12881),
which benefit multiple Federal departments, agencies, or
entities: Provided, That the Office of Management and Budget
shall provide a report describing the budget of and resources
connected with the National Science and Technology Council to
the Committees on Appropriations, the House Committee on
Science and Technology, and the Senate Committee on Commerce,
Science, and Transportation 90 days after enactment of this
Act.
Sec. 725. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds shall
indicate the agency providing the funds, the Catalog of Federal
Domestic Assistance Number, as applicable, and the amount
provided: Provided, That this provision shall apply to direct
payments, formula funds, and grants received by a State
receiving Federal funds.
Sec. 726. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in
this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation
of data, derived from any means, that includes any
personally identifiable information relating to an
individual's access to or use of any Federal Government
Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect,
review, or obtain any aggregation of data, derived from
any means, that includes any personally identifiable
information relating to an individual's access to or
use of any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not
identify particular persons;
(2) any voluntary submission of personally
identifiable information;
(3) any action taken for law enforcement,
regulatory, or supervisory purposes, in accordance with
applicable law; or
(4) any action described in subsection (a)(1) that
is a system security action taken by the operator of an
Internet site and is necessarily incident to providing
the Internet site services or to protecting the rights
or property of the provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in
law.
(2) The term ``supervisory'' means examinations of
the agency's supervised institutions, including
assessing safety and soundness, overall financial
condition, management practices and policies and
compliance with applicable standards as provided in
law.
Sec. 727. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes a
provision providing prescription drug coverage, except where
the contract also includes a provision for contraceptive
coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for
the plan objects to such coverage on the basis of
religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 728. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as
performed by nationally recognized oversight authorities.
Sec. 729. Notwithstanding any other provision of law,
funds appropriated for official travel by Federal departments
and agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-126
regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot program.
Sec. 730. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this Act or
any other appropriations Act may be used to implement or
enforce restrictions or limitations on the Coast Guard
Congressional Fellowship Program, or to implement the proposed
regulations of the Office of Personnel Management to add
sections 300.311 through 300.316 to part 300 of title 5 of the
Code of Federal Regulations, published in the Federal Register,
volume 68, number 174, on September 9, 2003 (relating to the
detail of executive branch employees to the legislative
branch).
Sec. 731. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, and/or lease
any additional facilities, except within or contiguous to
existing locations, to be used for the purpose of conducting
Federal law enforcement training without the advance approval
of the Committees on Appropriations of the House of
Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the
temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Center facilities.
Sec. 732. (a) For fiscal year 2012, no funds shall be
available for transfers or reimbursements to the E-Government
initiatives sponsored by the Office of Management and Budget
prior to 15 days following submission of a report to the
Committees on Appropriations of the House of Representatives
and the Senate by the Director of the Office of Management and
Budget and receipt of approval to transfer funds by the
Committees on Appropriations of the House of Representatives
and the Senate.
(b) The report in subsection (a) and other required
justification materials shall include at a minimum--
(1) a description of each initiative including but
not limited to its objectives, benefits, development
status, risks, cost effectiveness (including estimated
net costs or savings to the government), and the
estimated date of full operational capability;
(2) the total development cost of each initiative
by fiscal year including costs to date, the estimated
costs to complete its development to full operational
capability, and estimated annual operations and
maintenance costs; and
(3) the sources and distribution of funding by
fiscal year and by agency and bureau for each
initiative including agency contributions to date and
estimated future contributions by agency.
(c) No funds shall be available for obligation or
expenditure for new E-Government initiatives without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate.
Sec. 733. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or
announce a study or public-private competition regarding the
conversion to contractor performance of any function performed
by Federal employees pursuant to Office of Management and
Budget Circular A-76 or any other administrative regulation,
directive, or policy.
Sec. 734. Unless otherwise authorized by existing law,
none of the funds provided in this Act or any other Act may be
used by an executive branch agency to produce any prepackaged
news story intended for broadcast or distribution in the United
States, unless the story includes a clear notification within
the text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that executive
branch agency.
Sec. 735. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act) and
regulations implementing that section.
Sec. 736. Each executive department and agency shall
evaluate the creditworthiness of an individual before issuing
the individual a government travel charge card. Such
evaluations for individually billed travel charge cards shall
include an assessment of the individual's consumer report from
a consumer reporting agency as those terms are defined in
section 603 of the Fair Credit Reporting Act (Public Law 91-
508): Provided, That the department or agency may not issue a
government travel charge card to an individual that either
lacks a credit history or is found to have an unsatisfactory
credit history as a result of this evaluation: Provided
further, That this restriction shall not preclude issuance of a
restricted-use charge, debit, or stored value card made in
accordance with agency procedures to: (1) an individual with an
unsatisfactory credit history where such card is used to pay
travel expenses and the agency determines there is no suitable
alternative payment mechanism available before issuing the
card; or (2) an individual who lacks a credit history. Each
executive department and agency shall establish guidelines and
procedures for disciplinary actions to be taken against agency
personnel for improper, fraudulent, or abusive use of
government charge cards, which shall include appropriate
disciplinary actions for use of charge cards for purposes, and
at establishments, that are inconsistent with the official
business of the Department or agency or with applicable
standards of conduct.
Sec. 737. (a) Definitions.--For purposes of this section
the following definitions apply:
(1) Great lakes.--The terms ``Great Lakes'' and
``Great Lakes State'' have the same meanings as such
terms have in section 506 of the Water Resources
Development Act of 2000 (42 U.S.C. 1962d-22).
(2) Great lakes restoration activities.--The term
``Great Lakes restoration activities'' means any
Federal or State activity primarily or entirely within
the Great Lakes watershed that seeks to improve the
overall health of the Great Lakes ecosystem.
(b) Report.--Not later than 45 days after submission of the
budget of the President to Congress, the Director of the Office
of Management and Budget, in coordination with the Governor of
each Great Lakes State and the Great Lakes Interagency Task
Force, shall submit to the appropriate authorizing and
appropriating committees of the Senate and the House of
Representatives a financial report, certified by the Secretary
of each agency that has budget authority for Great Lakes
restoration activities, containing--
(1) an interagency budget crosscut report that--
(A) displays the budget proposed, including
any planned interagency or intra-agency
transfer, for each of the Federal agencies that
carries out Great Lakes restoration activities
in the upcoming fiscal year, separately
reporting the amount of funding to be provided
under existing laws pertaining to the Great
Lakes ecosystem; and
(B) identifies all expenditures since
fiscal year 2004 by the Federal Government and
State governments for Great Lakes restoration
activities;
(2) a detailed accounting of all funds received and
obligated by all Federal agencies and, to the extent
available, State agencies using Federal funds, for
Great Lakes restoration activities during the current
and previous fiscal years;
(3) a budget for the proposed projects (including a
description of the project, authorization level, and
project status) to be carried out in the upcoming
fiscal year with the Federal portion of funds for
activities; and
(4) a listing of all projects to be undertaken in
the upcoming fiscal year with the Federal portion of
funds for activities.
Sec. 738. (a) In General.--None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive
subsection (a) with respect to any Federal Government
contract under the authority of such Secretary if the
Secretary determines that the waiver is required in the
interest of national security.
(2) Report to congress.--Any Secretary issuing a
waiver under paragraph (1) shall report such issuance
to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant to
such contract.
Sec. 739. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or
apply the rule entitled ``Competitive Area'' published by the
Office of Personnel Management in the Federal Register on April
15, 2008 (73 Fed. Reg. 20180 et seq.).
Sec. 740. Section 743 of the Consolidated Appropriations
Act, 2010 (Public Law 111-117; 31 U.S.C. 501 note) is amended
in subsection (a)(3), by inserting after ``exercise of an
option'' the following: ``, and task orders issued under any
such contract,''.
Sec. 741. During fiscal year 2012, for each employee who--
(1) retires under section 8336(d)(2) or
8414(b)(1)(B) of title 5, United States Code, or
(2) retires under any other provision of subchapter
III of chapter 83 or chapter 84 of such title 5 and
receives a payment as an incentive to separate, the
separating agency shall remit to the Civil Service
Retirement and Disability Fund an amount equal to the
Office of Personnel Management's average unit cost of
processing a retirement claim for the preceding fiscal
year. Such amounts shall be available until expended to
the Office of Personnel Management and shall be deemed
to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 742. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such title IV or VIII.
Sec. 743. (a) None of the funds made available in this or
any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of
the following information as a condition of submitting the
offer:
(1) Any payment consisting of a contribution,
expenditure, independent expenditure, or disbursement
for an electioneering communication that is made by the
entity, its officers or directors, or any of its
affiliates or subsidiaries to a candidate for election
for Federal office or to a political committee, or that
is otherwise made with respect to any election for
Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its
officers or directors, or any of its affiliates or
subsidiaries to any person with the intent or the
reasonable expectation that the person will use the
funds to make a payment described in paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', and ``Federal
office'' has the meaning given such term in the Federal
Election Campaign Act of 1971 (2 U.S.C. 431 et seq.).
Sec. 744. Notwithstanding any other provision of law,
until September 30, 2013, of the amounts made available for
information technology investments under the heading
``Independent Agencies, Commodity Futures Trading Commission''
in the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2012
(division A of Public Law 112-55), the Chairman of the
Commodity Futures Trading Commission may transfer not to exceed
$10,000,000 under such heading for salaries and expenses of
such Commission: Provided, That any transfer pursuant to this
section shall be subject to the notification procedures set
forth in section 730 of such Act with respect to a
reprogramming of funds and shall not be available for
obligation or expenditure except in compliance with such
procedures.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfer of funds)
Sec. 801. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 802. None of the Federal funds provided in this Act
shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to
support or defeat legislation pending before Congress or any
State legislature.
Sec. 803. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2012, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditures for an
agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or
responsibility center;
(3) establishes or changes allocations specifically
denied, limited or increased under this Act;
(4) increases funds or personnel by any means for
any program, project, or responsibility center for
which funds have been denied or restricted;
(5) re-establishes any program or project
previously deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds
in excess of $3,000,000 or 10 percent, whichever is
less; or
(7) increases by 20 percent or more personnel
assigned to a specific program, project or
responsibility center,
unless the Committees on Appropriations of the House of
Representatives and the Senate are notified in writing 15 days
in advance of the reprogramming.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of
local funds under this title through November 1, 2012.
Sec. 804. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the offices
of United States Senator or United States Representative under
section 4(d) of the District of Columbia Statehood
Constitutional Convention Initiatives of 1979 (D.C. Law 3-171;
D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance of
the officer's or employee's official duties. For purposes of
this section, the term ``official duties'' does not include
travel between the officer's or employee's residence and
workplace, except in the case of--
(1) an officer or employee of the Metropolitan
Police Department who resides in the District of
Columbia or a District of Columbia government employee
as may otherwise be designated by the Chief of the
Department;
(2) at the discretion of the Fire Chief, an officer
or employee of the District of Columbia Fire and
Emergency Medical Services Department who resides in
the District of Columbia and is on call 24 hours a day
or is otherwise designated by the Fire Chief;
(3) at the discretion of the Director of the
Department of Corrections, an officer or employee of
the District of Columbia Department of Corrections who
resides in the District of Columbia and is on call 24
hours a day or is otherwise designated by the Director;
(4) the Mayor of the District of Columbia; and
(5) the Chairman of the Council of the District of
Columbia.
Sec. 806. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General or
any other officer or entity of the District government to
provide assistance for any petition drive or civil action which
seeks to require Congress to provide for voting representation
in Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 807. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the purpose
of preventing the spread of blood borne pathogens in any
location that has been determined by the local public health or
local law enforcement authorities to be inappropriate for such
distribution.
Sec. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive coverage
by health insurance plans, but it is the intent of Congress
that any legislation enacted on such issue should include a
``conscience clause'' which provides exceptions for religious
beliefs and moral convictions.
Sec. 809. Hereafter, as part of the submission of the
annual budget justification, the Mayor of the District of
Columbia shall submit to the Committees on Appropriations of
the House of Representatives and the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate a report addressing--
(1) crime, including the homicide rate,
implementation of community policing, and the number of
police officers on local beats;
(2) access to substance and alcohol abuse
treatment, including the number of treatment slots, the
number of people served, the number of people on
waiting lists, and the effectiveness of treatment
programs, the retention rates in treatment programs,
and the recidivism/re-arrest rates for treatment
participants;
(3) education, including access to special
education services and student achievement to be
provided in consultation with the District of Columbia
Public Schools, repeated grade rates, high school
graduation rates, and post-secondary education
attendance rates;
(4) improvement in basic District services,
including rat control and abatement; and
(5) application for and management of Federal
grants, including the number and type of grants for
which the District was eligible but failed to apply and
the number and type of grants awarded to the District
but for which the District failed to spend the amounts
received.
Sec. 810. None of the Federal funds contained in this Act
may be used to enact or carry out any law, rule, or regulation
to legalize or otherwise reduce penalties associated with the
possession, use, or distribution of any schedule I substance
under the Controlled Substances Act (21 U.S.C. 801 et seq.) or
any tetrahydrocannabinols derivative.
Sec. 811. None of the funds appropriated under this Act
shall be expended for any abortion except where the life of the
mother would be endangered if the fetus were carried to term or
where the pregnancy is the result of an act of rape or incest.
Sec. 812. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia
government for fiscal year 2012 that is in the total amount of
the approved appropriation and that realigns all budgeted data
for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which
the Chief Financial Officer for the District of Columbia
certifies that a reallocation is required to address
unanticipated changes in program requirements.
Sec. 813. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for the
District of Columbia shall submit to the appropriate committees
of Congress, the Mayor, and the Council for the District of
Columbia, a revised appropriated funds operating budget for the
District of Columbia Public Schools that aligns schools budgets
to actual enrollment. The revised appropriated funds budget
shall be in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, Sec. 1-
204.42).
Sec. 814. Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia's
enterprise and capital funds and such amounts, once
transferred, shall retain appropriation authority consistent
with the provisions of this Act.
Sec. 815. Notwithstanding any other laws, for this and
succeeding fiscal years, the Director of the District of
Columbia Public Defender Service shall, to the extent the
Director considers appropriate, provide representation for and
hold harmless, or provide liability insurance for, any person
who is an employee, member of the Board of Trustees, or officer
of the District of Columbia Public Defender Service for money
damages arising out of any claim, proceeding, or case at law
relating to the furnishing of representational services or
management services or related services while acting within the
scope of that person's office or employment, including, but not
limited to such claims, proceedings, or cases at law involving
employment actions, injury, loss of liberty, property damage,
loss of property, or personal injury, or death arising from
malpractice or negligence of any such officer or employee.
Sec. 816. Section 346 of the District of Columbia
Appropriations Act, 2005 (Public Law 108-335) is amended--
(1) in the title, by striking ``Biennial'';
(2) in subsection (a), by striking ``Biennial
management'' and inserting ``Management'';
(3) in subsection (a), by striking ``States.'' and
inserting ``States every five years.''; and
(4) in subsection (b)(6), by striking ``2'' and
inserting ``5''.
Sec. 817. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of this
title or of title IV.
This division may be cited as the ``Financial Services and
General Government Appropriations Act, 2012''.
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2012
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of
Homeland Security, as authorized by section 102 of the Homeland
Security Act of 2002 (6 U.S.C. 112), and executive management
of the Department of Homeland Security, as authorized by law,
$133,159,000: Provided, That not to exceed $51,000 shall be
for official reception and representation expenses, of which
$17,000 shall be made available to the Office of Policy for
Visa Waiver Program negotiations in Washington, DC, and for
other international activities: Provided further, That all
official costs associated with the use of government aircraft
by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall
be paid from amounts made available for the Immediate Office of
the Secretary and the Immediate Office of the Deputy Secretary:
Provided further, That of the total amount made available
under this heading, $1,800,000 shall remain available until
March 30, 2012, for the Office of Counternarcotics Enforcement,
of which up to $1,800,000 may, notwithstanding section 503 of
this Act, be transferred to the Office of Policy: Provided
further, That amounts transferred pursuant to the preceding
proviso shall remain available until September 30, 2012:
Provided further, That the Assistant Secretary for Policy shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives not later than March 30, 2012, an
expenditure plan for the Office of Policy which includes a
detailed description of any funds transferred to the Office for
counternarcotics enforcement and activities related to risk
management and analysis: Provided further, That $30,000,000
shall not be available for obligation until the Secretary of
Homeland Security submits to the Committees on Appropriations
of the Senate and the House of Representatives a comprehensive
plan for implementation of the biometric air exit system, as
mandated in Public Law 110-53, including the estimated costs of
implementation.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary
for Management, as authorized by sections 701 through 705 of
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345),
$235,587,000, of which not to exceed $2,500 shall be for
official reception and representation expenses: Provided, That
of the total amount made available under this heading,
$5,000,000 shall remain available until September 30, 2016,
solely for the alteration and improvement of facilities, tenant
improvements, and relocation costs to consolidate Department
headquarters operations at the Nebraska Avenue Complex; and
$14,172,000 shall remain available until September 30, 2014,
for the Human Resources Information Technology program:
Provided further, That the Under Secretary for Management
shall, pursuant to the requirements contained in the joint
statement of managers accompanying this Act, provide to the
Committees on Appropriations of the Senate and the House of
Representatives a Comprehensive Acquisition Status Report with
the President's budget for fiscal year 2013 as submitted under
section 1105(a) of title 31, United States Code, and quarterly
updates to such report not later than 30 days after the
completion of each quarter.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security
Act of 2002 (6 U.S.C. 113), $50,860,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, as authorized by section 103 of the
Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
wide technology investments, $257,300,000; of which
$105,500,000 shall be available for salaries and expenses; and
of which $151,800,000, to remain available until September 30,
2014, shall be available for development and acquisition of
information technology equipment, software, services, and
related activities for the Department of Homeland Security:
Provided, That the Department of Homeland Security Chief
Information Officer shall submit to the Committees on
Appropriations of the Senate and the House of Representatives,
at the time that the President's budget is submitted each year
under section 1105(a) of title 31, United States Code, a multi-
year investment and management plan, to include each of fiscal
years 2012 through 2015, for all information technology
acquisition projects funded under this heading or funded by
multiple components of the Department of Homeland Security
through reimbursable agreements, that includes--
(1) the proposed appropriations included for each
project and activity tied to mission requirements,
program management capabilities, performance levels,
and specific capabilities and services to be delivered;
(2) the total estimated cost and projected timeline
of completion for all multi-year enhancements,
modernizations, and new capabilities that are proposed
in such budget or underway;
(3) a detailed accounting of operations and
maintenance and contractor services costs; and
(4) a current acquisition program baseline for each
project, that--
(A) notes and explains any deviations in
cost, performance parameters, schedule, or
estimated date of completion from the original
acquisition program baseline;
(B) aligns the acquisition programs covered
by the baseline to mission requirements by
defining existing capabilities, identifying
known capability gaps between such existing
capabilities and stated mission requirements,
and explaining how each increment will address
such known capability gaps; and
(C) defines life-cycle costs for such
programs.
Analysis and Operations
For necessary expenses for intelligence analysis and
operations coordination activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$338,068,000; of which not to exceed $4,250 shall be for
official reception and representation expenses; and of which
$141,521,000 shall remain available until September 30, 2013.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978 (5 U.S.C. App.), $117,000,000, of which not to exceed
$300,000 may be used for certain confidential operational
expenses, including the payment of informants, to be expended
at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to
border security, immigration, customs, agricultural inspections
and regulatory activities related to plant and animal imports,
and transportation of unaccompanied minor aliens; purchase and
lease of up to 7,500 (6,500 for replacement only) police-type
vehicles; and contracting with individuals for personal
services abroad; $8,680,118,000; of which $3,274,000 shall be
derived from the Harbor Maintenance Trust Fund for
administrative expenses related to the collection of the Harbor
Maintenance Fee pursuant to section 9505(c)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding
section 1511(e)(1) of the Homeland Security Act of 2002 (6
U.S.C. 551(e)(1)); of which not to exceed $38,250 shall be for
official reception and representation expenses; of which not
less than $287,901,000 shall be for Air and Marine Operations;
of which such sums as become available in the Customs User Fee
Account, except sums subject to section 13031(f)(3) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(f)(3)), shall be derived from that account; of which
not to exceed $150,000 shall be available for payment for
rental space in connection with preclearance operations; of
which not to exceed $1,000,000 shall be for awards of
compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security:
Provided, That for fiscal year 2012, the overtime limitation
prescribed in section 5(c)(1) of the Act of February 13, 1911
(19 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding any
other provision of law, none of the funds appropriated by this
Act may be available to compensate any employee of U.S. Customs
and Border Protection for overtime, from whatever source, in an
amount that exceeds such limitation, except in individual cases
determined by the Secretary of Homeland Security, or the
designee of the Secretary, to be necessary for national
security purposes, to prevent excessive costs, or in cases of
immigration emergencies: Provided further, That the Border
Patrol shall maintain an active duty presence of not less than
21,370 full-time equivalent agents protecting the borders of
the United States in the fiscal year: Provided further, That
the Commissioner of U.S. Customs and Border Protection shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives, with the congressional budget
justification, a multi-year investment and management plan, to
include each fiscal year starting with the current fiscal year
and the 3 subsequent fiscal years, for inspection and detection
technology supporting operations under this heading, including
all non-intrusive inspection and radiation detection
technology, that provides--
(1) the funding level for all inspection and
detection technology equipment by source;
(2) the inventory of inspection and detection
technology equipment by type and age;
(3) the proposed appropriations for procurement of
inspection and detection technology equipment by type,
including quantity, for deployment, and for operations
and maintenance;
(4) projected funding levels for procurement of
inspection and detection technology equipment by type,
including quantity, for deployment, and for operations
and maintenance for each of the 3 subsequent fiscal
years; and
(5) a current acquisition program baseline that--
(A) aligns the acquisition of each
technology to mission requirements by defining
existing capabilities of comparable legacy
technology assets, identifying known capability
gaps between such existing capabilities and
stated mission requirements, and explaining how
the acquisition of each technology will address
such known capability gaps;
(B) defines life-cycle costs for each
technology, including all associated costs of
major acquisitions systems infrastructure and
transition to operations, delineated by purpose
and fiscal year for the projected service life
of the technology; and
(C) includes a phase-out and
decommissioning schedule delineated by fiscal
year for existing legacy technology assets that
each technology is intended to replace or
recapitalize.
automation modernization
For expenses for U.S. Customs and Border Protection
automated systems, $334,275,000, to remain available until
September 30, 2014, of which not less than $140,000,000 shall
be for the development of the Automated Commercial Environment:
Provided, That of the total amount made available under this
heading, $25,000,000 may not be obligated for the Automated
Commercial Environment program until the Commissioner of U.S.
Customs and Border Protection submits to the Committees on
Appropriations of the Senate and the House of Representatives,
not later than 60 days after the date of enactment of this Act,
an expenditure plan for the Automated Commercial Environment
program including results to date, plans for the program, and a
list of projects with associated funding from prior
appropriations and provided by this Act.
border security fencing, infrastructure, and technology
For expenses for border security fencing, infrastructure,
and technology, $400,000,000, to remain available until
September 30, 2014: Provided, That of the total amount made
available under this heading, $60,000,000 shall not be
obligated until the Committees on Appropriations of the Senate
and the House of Representatives receive a detailed plan for
expenditure, prepared by the Commissioner of U.S. Customs and
Border Protection, and submitted not later than 90 days after
the date of enactment of this Act, for a program to establish
and maintain a security barrier along the borders of the United
States of fencing and vehicle barriers, where practicable, and
of other forms of tactical infrastructure and technology:
Provided further, That the Commissioner of U.S. Customs and
Border Protection shall submit to the Committees on
Appropriations of the Senate and the House of Representatives,
at the time that the President's budget is submitted each year
under section 1105(a) of title 31, United States Code, a multi-
year investment and management plan for the Border Security
Fencing, Infrastructure, and Technology account, that includes
for each tactical infrastructure and technology deployment--
(1) the funding level in that budget and projected
funding levels for each of the next 3 fiscal years,
including a description of the purpose of such funds;
(2) the deployment plan, by border segment, that
aligns each deployment to mission requirements by
defining existing capabilities, identifying known
capability gaps between such existing capabilities and
stated mission requirements related to achieving
operational control, and explaining how each tactical
infrastructure or technology deployment will address
such known capability gaps; and
(3) a current acquisition program baseline that--
(A) notes and explains any deviations in
cost, performance parameters, schedule, or
estimated date of completion from the most
recent acquisition program baseline approved by
the Department of Homeland Security Acquisition
Review Board;
(B) includes a phase-out and life-cycle
recapitalization schedule delineated by fiscal
year for existing and new tactical
infrastructure and technology deployments that
each deployment is intended to replace or
recapitalize; and
(C) includes qualitative performance
metrics that assess the effectiveness of new
and existing tactical infrastructure and
technology deployments and inform the next
multi-year investment and management plan
related to achieving operational control of the
Northern and Southwest borders of the United
States.
air and marine interdiction, operations, maintenance, and procurement
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft
systems, and other related equipment of the air and marine
program, including operational training and mission-related
travel, the operations of which include the following: the
interdiction of narcotics and other goods; the provision of
support to Federal, State, and local agencies in the
enforcement or administration of laws enforced by the
Department of Homeland Security; and, at the discretion of the
Secretary of Homeland Security, the provision of assistance to
Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts, $503,966,000, to remain
available until September 30, 2014: Provided, That no aircraft
or other related equipment, with the exception of aircraft that
are one of a kind and have been identified as excess to U.S.
Customs and Border Protection requirements and aircraft that
have been damaged beyond repair, shall be transferred to any
other Federal agency, department, or office outside of the
Department of Homeland Security during fiscal year 2012 without
the prior approval of the Committees on Appropriations of the
Senate and the House of Representatives: Provided further,
That the Secretary of Homeland Security shall report to the
Committees on Appropriations of the Senate and the House of
Representatives, not later than 90 days after the date of
enactment of this Act, on the update to the 5-year strategic
plan for the air and marine program directed in conference
report 109-241 accompanying Public Law 109-90 that addresses
missions, structure, operations, equipment, facilities, and
resources including deployment and command and control
requirements, and includes a recapitalization plan with
milestones and funding, and a detailed staffing plan with
associated costs to achieve full staffing to meet all mission
requirements.
construction and facilities management
For necessary expenses to plan, acquire, construct,
renovate, equip, furnish, operate, manage, and maintain
buildings, facilities, and related infrastructure necessary for
the administration and enforcement of the laws relating to
customs, immigration, and border security, $236,596,000, to
remain available until September 30, 2016: Provided, That for
fiscal year 2012 and thereafter, the annual budget submission
of U.S. Customs and Border Protection for ``Construction and
Facilities Management'' shall, in consultation with the General
Services Administration, include a detailed 5-year plan for all
Federal land border port of entry projects with a yearly update
of total projected future funding needs delineated by land port
of entry: Provided further, That the Commissioner of U.S.
Customs and Border Protection shall submit to the Committees on
Appropriations of the Senate and the House of Representatives,
at the time that the President's budget is submitted each year
under section 1105(a) of title 31, United States Code, an
inventory of the real property of U.S. Customs and Border
Protection and a plan for each activity and project proposed
for funding under this heading that includes the full cost by
fiscal year of each activity and project proposed and underway
in fiscal year 2013.
U.S. Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations,
including overseas vetted units operations; and purchase and
lease of up to 3,790 (2,350 for replacement only) police-type
vehicles; $5,528,874,000; of which not to exceed $10,000,000
shall be available until expended for conducting special
operations under section 3131 of the Customs Enforcement Act of
1986 (19 U.S.C. 2081); of which not to exceed $12,750 shall be
for official reception and representation expenses; of which
not to exceed $2,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate of
the Secretary of Homeland Security; of which not less than
$305,000 shall be for promotion of public awareness of the
child pornography tipline and activities to counter child
exploitation; of which not less than $5,400,000 shall be used
to facilitate agreements consistent with section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)); and of
which not to exceed $11,216,000 shall be available to fund or
reimburse other Federal agencies for the costs associated with
the care, maintenance, and repatriation of smuggled aliens
unlawfully present in the United States: Provided, That none
of the funds made available under this heading shall be
available to compensate any employee for overtime in an annual
amount in excess of $35,000, except that the Secretary of
Homeland Security, or the designee of the Secretary, may waive
that amount as necessary for national security purposes and in
cases of immigration emergencies: Provided further, That of
the total amount provided, $15,770,000 shall be for activities
to enforce laws against forced child labor, of which not to
exceed $6,000,000 shall remain available until expended:
Provided further, That of the total amount available, not less
than $1,600,000,000 shall be available to identify aliens
convicted of a crime who may be deportable, and to remove them
from the United States once they are judged deportable, of
which $189,064,000 shall remain available until September 30,
2013: Provided further, That the Assistant Secretary of
Homeland Security for U.S. Immigration and Customs Enforcement
shall report to the Committees on Appropriations of the Senate
and the House of Representatives, not later than 45 days after
the end of each quarter of the fiscal year, on progress in
implementing the preceding proviso and the funds obligated
during that quarter to make such progress: Provided further,
That the Secretary of Homeland Security shall prioritize the
identification and removal of aliens convicted of a crime by
the severity of that crime: Provided further, That funding
made available under this heading shall maintain a level of not
less than 34,000 detention beds through September 30, 2012:
Provided further, That of the total amount provided, not less
than $2,750,843,000 is for detention and removal operations,
including transportation of unaccompanied minor aliens:
Provided further, That of the total amount provided,
$10,300,000 shall remain available until September 30, 2013,
for the Visa Security Program: Provided further, That none of
the funds provided under this heading may be used to continue a
delegation of law enforcement authority authorized under
section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector
General determines that the terms of the agreement governing
the delegation of authority have been violated: Provided
further, That none of the funds provided under this heading may
be used to continue any contract for the provision of detention
services if the two most recent overall performance evaluations
received by the contracted facility are less than ``adequate''
or the equivalent median score in any subsequent performance
evaluation system: Provided further, That nothing under this
heading shall prevent U.S. Immigration and Customs Enforcement
from exercising those authorities provided under immigration
laws (as defined in section 101(a)(17) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(17))) during priority
operations pertaining to aliens convicted of a crime.
automation modernization
For expenses of immigration and customs enforcement
automated systems, $21,710,000, to remain available until
September 30, 2016.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security
services pursuant to the Aviation and Transportation Security
Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note),
$5,253,956,000, to remain available until September 30, 2013,
of which not to exceed $8,500 shall be for official reception
and representation expenses: Provided, That of the total
amount made available under this heading, not to exceed
$4,167,631,000 shall be for screening operations, of which
$543,103,000 shall be available for explosives detection
systems; $204,768,000 shall be for checkpoint support; and not
to exceed $1,086,325,000 shall be for aviation security
direction and enforcement: Provided further, That of the
amount made available in the preceding proviso for explosives
detection systems, $222,738,000 shall be available for the
purchase and installation of these systems, of which not less
than 10 percent shall be available for the purchase and
installation of certified explosives detection systems at
medium- and small-sized airports: Provided further, That any
award to deploy explosives detection systems shall be based on
risk, the airport's current reliance on other screening
solutions, lobby congestion resulting in increased security
concerns, high injury rates, airport readiness, and increased
cost effectiveness: Provided further, That security service
fees authorized under section 44940 of title 49, United States
Code, shall be credited to this appropriation as offsetting
collections and shall be available only for aviation security:
Provided further, That the sum appropriated under this heading
from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during fiscal
year 2012 so as to result in a final fiscal year appropriation
from the general fund estimated at not more than
$3,223,956,000: Provided further, That any security service
fees collected in excess of the amount made available under
this heading shall become available during fiscal year 2013:
Provided further, That notwithstanding section 44923 of title
49, United States Code, for fiscal year 2012, any funds in the
Aviation Security Capital Fund established by section 44923(h)
of title 49, United States Code, may be used for the
procurement and installation of explosives detection systems or
for the issuance of other transaction agreements for the
purpose of funding projects described in section 44923(a):
Provided further, That none of the funds made available in this
Act may be used for any recruiting or hiring of personnel into
the Transportation Security Administration that would cause the
agency to exceed a staffing level of 46,000 full-time
equivalent screeners: Provided further, That the preceding
proviso shall not apply to personnel hired as part-time
employees: Provided further, That not later than 90 days after
the date of enactment of this Act, the Secretary of Homeland
Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives a detailed report
on--
(1) the Department of Homeland Security efforts and
resources being devoted to develop more advanced
integrated passenger screening technologies for the
most effective security of passengers and baggage at
the lowest possible operating and acquisition costs;
(2) how the Transportation Security Administration
is deploying its existing passenger and baggage
screener workforce in the most cost effective manner;
and
(3) labor savings from the deployment of improved
technologies for passenger and baggage screening and
how those savings are being used to offset security
costs or reinvested to address security
vulnerabilities:
Provided further, That Members of the United States House of
Representatives and United States Senate, including the
leadership; the heads of Federal agencies and commissions,
including the Secretary, Deputy Secretary, Under Secretaries,
and Assistant Secretaries of the Department of Homeland
Security; the United States Attorney General, Deputy Attorney
General, Assistant Attorneys General, and the United States
Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management
and Budget, shall not be exempt from Federal passenger and
baggage screening.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to surface transportation security
activities, $134,748,000, to remain available until September
30, 2013.
transportation threat assessment and credentialing
For necessary expenses for the development and
implementation of screening programs of the Office of
Transportation Threat Assessment and Credentialing,
$163,954,000, to remain available until September 30, 2013.
transportation security support
For necessary expenses of the Transportation Security
Administration related to transportation security support and
intelligence pursuant to the Aviation and Transportation
Security Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101
note), $1,031,926,000, to remain available until September 30,
2013: Provided, That of the funds appropriated under this
heading, $20,000,000 may not be obligated for headquarters
administration until the Administrator of the Transportation
Security Administration submits to the Committees on
Appropriations of the Senate and the House of Representatives
detailed expenditure plans for air cargo security, checkpoint
support, and explosives detection systems refurbishment,
procurement, and installations on an airport-by-airport basis
for fiscal year 2012: Provided further, That these plans shall
be submitted not later than 60 days after the date of enactment
of this Act.
federal air marshals
For necessary expenses of the Federal Air Marshals,
$966,115,000.
Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of
the Coast Guard, not otherwise provided for; purchase or lease
of not to exceed 25 passenger motor vehicles, which shall be
for replacement only; purchase or lease of small boats for
contingent and emergent requirements (at a unit cost of no more
than $700,000) and repairs and service-life replacements, not
to exceed a total of $31,000,000; purchase or lease of boats
necessary for overseas deployments and activities; minor shore
construction projects not exceeding $1,000,000 in total cost at
any location; payments pursuant to section 156 of Public Law
97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and
welfare; $7,051,054,000, of which $598,000,000 shall be for
defense-related activities, of which $258,000,000 is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985; of which
$24,500,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which not
to exceed $17,000 shall be for official reception and
representation expenses: Provided, That none of the funds made
available by this Act shall be for expenses incurred for
recreational vessels under section 12114 of title 46, United
States Code, except to the extent fees are collected from
owners of yachts and credited to this appropriation: Provided
further, That the Coast Guard shall comply with the
requirements of section 527 of the National Defense
Authorization Act for Fiscal Year 2004 (10 U.S.C. 4331 note)
with respect to the Coast Guard Academy: Provided further,
That of the funds provided under this heading, $75,000,000
shall be withheld from obligation for Coast Guard Headquarters
Directorates until a revised future-years capital investment
plan for fiscal years 2013 through 2017, as specified under the
heading Coast Guard ``Acquisition, Construction, and
Improvements'' of this Act is submitted to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided further, That funds made available under this heading
for Overseas Contingency Operations/Global War on Terrorism may
be allocated by program, project, and activity, notwithstanding
section 503 of this Act.
environmental compliance and restoration
For necessary expenses to carry out the environmental
compliance and restoration functions of the Coast Guard under
chapter 19 of title 14, United States Code, $13,500,000, to
remain available until September 30, 2016.
reserve training
For necessary expenses of the Coast Guard Reserve, as
authorized by law; operations and maintenance of the Coast
Guard reserve program; personnel and training costs; and
equipment and services; $134,278,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment related
thereto; and maintenance, rehabilitation, lease and operation
of facilities and equipment; as authorized by law;
$1,403,924,000, of which $20,000,000 shall be derived from the
Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); of which $20,000,000 shall remain available until
September 30, 2016, for military family housing, of which not
more than $14,000,000 shall be derived from the Coast Guard
Housing Fund, established pursuant to 14 U.S.C. 687; of which
$642,000,000 shall be available until September 30, 2016, to
acquire, effect major repairs to, renovate, or improve vessels,
small boats, and related equipment; of which $289,900,000 shall
be available until September 30, 2016, to acquire, effect major
repairs to, renovate, or improve aircraft or increase aviation
capability; of which $161,140,000 shall be available until
September 30, 2016, for other acquisition programs; of which
$180,692,000 shall be available until September 30, 2016, for
shore facilities and aids to navigation, including waterfront
facilities at Navy installations used by the Coast Guard; of
which $110,192,000 shall be available for personnel
compensation and benefits and related costs: Provided, That
the funds provided by this Act shall be immediately available
and allotted to contract for long lead time materials,
components, and designs for the sixth National Security Cutter
notwithstanding the availability of funds for production costs
or post-production costs: Provided further, That the Secretary
of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives,
at the time that the President's budget is submitted each year
under section 1105(a) of title 31, United States Code, a
future-years capital investment plan for the Coast Guard that
identifies for each requested capital asset--
(1) the proposed appropriations included in that
budget;
(2) the total estimated cost of completion,
including and clearly delineating the costs of
associated major acquisition systems infrastructure and
transition to operations;
(3) projected funding levels for each fiscal year
for the next 5 fiscal years or until acquisition
program baseline or project completion, whichever is
earlier;
(4) an estimated completion date at the projected
funding levels; and
(5) a current acquisition program baseline for each
capital asset, as applicable, that--
(A) includes the total acquisition cost of
each asset, subdivided by fiscal year and
including a detailed description of the purpose
of the proposed funding levels for each fiscal
year, including for each fiscal year funds
requested for design, pre-acquisition
activities, production, structural
modifications, missionization, post-delivery,
and transition to operations costs;
(B) includes a detailed project schedule
through completion, subdivided by fiscal year,
that details--
(i) quantities planned for each
fiscal year; and
(ii) major acquisition and project
events, including development of
operational requirements, contracting
actions, design reviews, production,
delivery, test and evaluation, and
transition to operations, including
necessary training, shore
infrastructure, and logistics;
(C) notes and explains any deviations in
cost, performance parameters, schedule, or
estimated date of completion from the original
acquisition program baseline and the most
recent baseline approved by the Department of
Homeland Security's Acquisition Review Board,
if applicable;
(D) aligns the acquisition of each asset to
mission requirements by defining existing
capabilities of comparable legacy assets,
identifying known capability gaps between such
existing capabilities and stated mission
requirements, and explaining how the
acquisition of each asset will address such
known capability gaps;
(E) defines life-cycle costs for each asset
and the date of the estimate on which such
costs are based, including all associated costs
of major acquisitions systems infrastructure
and transition to operations, delineated by
purpose and fiscal year for the projected
service life of the asset;
(F) includes the earned value management
system summary schedule performance index and
cost performance index for each asset, if
applicable; and
(G) includes a phase-out and
decommissioning schedule delineated by fiscal
year for each existing legacy asset that each
asset is intended to replace or recapitalize:
Provided further, That the Secretary of Homeland Security shall
ensure that amounts specified in the future-years capital
investment plan are consistent, to the maximum extent
practicable, with proposed appropriations necessary to support
the programs, projects, and activities of the Coast Guard in
the President's budget as submitted under section 1105(a) of
title 31, United States Code, for that fiscal year: Provided
further, That any inconsistencies between the capital
investment plan and proposed appropriations shall be identified
and justified: Provided further, That subsections (a) and (b)
of section 6402 of Public Law 110-28 shall apply with respect
to the amounts made available under this heading.
research, development, test, and evaluation
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance,
rehabilitation, lease, and operation of facilities and
equipment; as authorized by law; $27,779,000, to remain
available until September 30, 2016, of which $500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be
credited to and used for the purposes of this appropriation
funds received from State and local governments, other public
authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and
evaluation.
retired pay
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this purpose,
payments under the Retired Serviceman's Family Protection and
Survivor Benefits Plans, payment for career status bonuses,
concurrent receipts and combat-related special compensation
under the National Defense Authorization Act, and payments for
medical care of retired personnel and their dependents under
chapter 55 of title 10, United States Code, $1,440,157,000, to
remain available until expended.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 652 vehicles for police-
type use for replacement only; hire of passenger motor
vehicles; purchase of motorcycles made in the United States;
hire of aircraft; services of expert witnesses at such rates as
may be determined by the Director of the Secret Service; rental
of buildings in the District of Columbia, and fencing,
lighting, guard booths, and other facilities on private or
other property not in Government ownership or control, as may
be necessary to perform protective functions; payment of per
diem or subsistence allowances to employees in cases in which a
protective assignment on the actual day or days of the visit of
a protectee requires an employee to work 16 hours per day or to
remain overnight at a post of duty; conduct of and
participation in firearms matches; presentation of awards;
travel of United States Secret Service employees on protective
missions without regard to the limitations on such expenditures
in this or any other Act if approval is obtained in advance
from the Committees on Appropriations of the Senate and the
House of Representatives; research and development; grants to
conduct behavioral research in support of protective research
and operations; and payment in advance for commercial
accommodations as may be necessary to perform protective
functions; $1,661,237,000, of which not to exceed $21,250 shall
be for official reception and representation expenses; of which
not to exceed $100,000 shall be to provide technical assistance
and equipment to foreign law enforcement organizations in
counterfeit investigations; of which $2,366,000 shall be for
forensic and related support of investigations of missing and
exploited children; and of which $6,000,000 shall be for a
grant for activities related to investigations of missing and
exploited children and shall remain available until September
30, 2013: Provided, That up to $18,000,000 for protective
travel shall remain available until September 30, 2013:
Provided further, That up to $19,307,000 for National Special
Security Events shall remain available until September 30,
2013: Provided further, That the United States Secret Service
is authorized to obligate funds in anticipation of
reimbursements from Federal agencies and entities, as defined
in section 105 of title 5, United States Code, for personnel
receiving training sponsored by the James J. Rowley Training
Center, except that total obligations at the end of the fiscal
year shall not exceed total budgetary resources available under
this heading at the end of the fiscal year: Provided further,
That none of the funds made available under this heading shall
be available to compensate any employee for overtime in an
annual amount in excess of $35,000, except that the Secretary
of Homeland Security, or the designee of the Secretary, may
waive that amount as necessary for national security purposes:
Provided further, That none of the funds made available to the
United States Secret Service by this Act or by previous
appropriations Acts may be made available for the protection of
the head of a Federal agency other than the Secretary of
Homeland Security: Provided further, That the Director of the
United States Secret Service may enter into an agreement to
provide such protection on a fully reimbursable basis:
Provided further, That of the total amount made available under
this heading, $43,843,000, to remain available until September
30, 2014, is for information integration and technology
transformation: Provided further, That $20,000,000 made
available in the preceding proviso shall not be obligated to
purchase or install information technology equipment until the
Department of Homeland Security Chief Information Officer
submits a report to the Committees on Appropriations of the
Senate and the House of Representatives certifying that all
plans for integration and transformation are consistent with
Department of Homeland Security data center migration and
enterprise architecture requirements: Provided further, That
none of the funds made available to the United States Secret
Service by this Act or by previous appropriations Acts may be
obligated for the purpose of opening a new permanent domestic
or overseas office or location unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such obligation.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction,
repair, alteration, and improvement of facilities, $5,380,000,
to remain available until September 30, 2016.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
management and administration
For salaries and expenses of the Office of the Under
Secretary for the National Protection and Programs Directorate,
support for operations, information technology, and the Office
of Risk Management and Analysis, $50,695,000: Provided, That
not to exceed $4,250 shall be for official reception and
representation expenses: Provided further, That, subject to
section 503 of this Act, the Secretary of Homeland Security may
transfer up to $4,241,000 to the Office of Policy under the
heading Departmental Management and Operations ``Office of the
Secretary and Executive Management'' for activities related to
risk management and analysis: Provided further, That in the
preceding proviso notification shall take place not later than
90 days after the date of enactment of this Act: Provided
further, That any funds not transferred pursuant to the
penultimate proviso shall be available solely to close out the
Office of Risk Management and Analysis not later than September
30, 2012, and shall not be available for further transfer or
reprogramming pursuant to section 503 of this Act.
infrastructure protection and information security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by
title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et
seq.), $888,243,000, of which $200,000,000 shall remain
available until September 30, 2013: Provided, That the Under
Secretary for the National Protection and Programs Directorate
shall submit a plan for expenditure for the National Cyber
Security Division and the Office of Infrastructure Protection,
to the Committees on Appropriations of the Senate and the House
of Representatives, not later than 90 days after the date of
enactment of this Act.
federal protective service
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally owned and
leased buildings and for the operations of the Federal
Protective Service: Provided, That the Secretary of Homeland
Security and the Director of the Office of Management and
Budget shall certify in writing to the Committees on
Appropriations of the Senate and the House of Representatives
not later than December 31, 2011, that the operations of the
Federal Protective Service will be fully funded in fiscal year
2012 through revenues and collection of security fees, and
shall adjust the fees to ensure fee collections are sufficient
to ensure that the Federal Protective Service maintains not
fewer than 1,371 full-time equivalent staff and 1,007 full-time
equivalent Police Officers, Inspectors, Area Commanders, and
Special Agents who, while working, are directly engaged on a
daily basis protecting and enforcing laws at Federal buildings
(referred to as ``in-service field staff''): Provided further,
That an expenditure plan for fiscal year 2012 shall be provided
to the Committees on Appropriations of the Senate and the House
of Representatives not later than 60 days after the date of
enactment of this Act: Provided further, That the Director of
the Federal Protective Service shall include with the
submission of the President's fiscal year 2013 budget a
strategic human capital plan that aligns fee collections to
personnel requirements based on a current threat assessment.
united states visitor and immigrant status indicator technology
For necessary expenses for the United States Visitor and
Immigrant Status Indicator Technology program, as authorized by
section 110 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1365a), $306,802,000, of
which $9,400,000 is for development of a comprehensive plan for
implementation of biometric air exit and improvements to
biographic entry-exit capabilities: Provided, That of the
total amount made available under this heading, $194,295,000 is
to remain available until September 30, 2014: Provided
further, That of the total amount provided, $50,000,000 may not
be obligated for the United States Visitor and Immigrant Status
Indicator Technology program until the Secretary of Homeland
Security submits to the Committees on Appropriations of the
Senate and the House of Representatives at the time that the
President's budget is submitted each year under section 1105(a)
of title 31, United States Code, a multi-year investment and
management plan, to include each fiscal year starting with the
current fiscal year, and the following 3 fiscal years, for the
United States Visitor and Immigrant Status Indicator Technology
program that includes--
(1) the proposed appropriations for each activity
tied to mission requirements and outcomes, program
management capabilities, performance levels, and
specific capabilities and services to be delivered,
noting any deviations in cost or performance from the
prior fiscal year expenditure or investment and
management plan;
(2) the total estimated cost, projected funding by
fiscal year, and projected timeline of completion for
all enhancements, modernizations, and new capabilities
proposed in such budget and underway, including and
clearly delineating associated efforts and funds
requested by other agencies within the Department of
Homeland Security and in the Federal Government, and
detailing any deviations in cost, performance,
schedule, or estimated date of completion provided in
the prior fiscal year expenditure or investment and
management plan; and
(3) a detailed accounting of operations and
maintenance, contractor services, and program costs
associated with the management of identity services.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$167,449,000; of which $29,671,000 is for salaries and expenses
and $90,164,000 is for BioWatch operations: Provided, That
$47,614,000 shall remain available until September 30, 2013,
for biosurveillance, BioWatch Generation 3, chemical defense,
medical and health planning and coordination, and workforce
health protection: Provided further, That not to exceed $2,500
shall be for official reception and representation expenses:
Provided further, That the Assistant Secretary for the Office
of Health Affairs shall submit an expenditure plan for fiscal
year 2012 to the Committees on Appropriations of the Senate and
the House of Representatives not later than 60 days after the
date of enactment of this Act.
Federal Emergency Management Agency
salaries and expenses
For necessary expenses of the Federal Emergency Management
Agency, $895,350,000, including activities authorized by the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.),
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), the Cerro Grande Fire Assistance
Act of 2000 (division C, title I, 114 Stat. 583), the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061
et seq.), sections 107 and 303 of the National Security Act of
1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5
U.S.C. App.), the Homeland Security Act of 2002 (6 U.S.C. 101
et seq.), and the Post-Katrina Emergency Management Reform Act
of 2006 (Public Law 109-295; 120 Stat. 1394): Provided, That
not to exceed $2,500 shall be for official reception and
representation expenses: Provided further, That the
Administrator of the Federal Emergency Management Agency may
reprogram funds made available under this heading between
programs, projects, and activities prior to April 16, 2012,
notwithstanding section 503 of this Act: Provided further,
That $1,400,000 of the funds available for the Office of the
Administrator of the Federal Emergency Management Agency shall
not be available for obligation until the Administrator of the
Federal Emergency Management Agency submits to the Committees
on Appropriations of the Senate and the House of
Representatives the National Preparedness Report required by
Public Law 109-295 and a comprehensive plan to implement a
system to measure the effectiveness of grants to State and
local communities in fiscal year 2012: Provided further, That
for purposes of planning, coordination, execution, and decision
making related to mass evacuation during a disaster, the
Governors of the State of West Virginia and the Commonwealth of
Pennsylvania, or their designees, shall be incorporated into
efforts to integrate the activities of Federal, State, and
local governments in the National Capital Region, as defined in
section 882 of the Homeland Security Act of 2002 (Public Law
107-296): Provided further, That of the total amount made
available under this heading, $41,250,000 shall be for the
Urban Search and Rescue Response System, of which not to exceed
$1,600,000 may be made available for administrative costs;
$5,493,000 shall be for the Office of National Capital Region
Coordination; not to exceed $12,000,000 shall remain available
until September 30, 2013, for capital improvements at the Mount
Weather Emergency Operations Center; and not less than
$13,662,000 shall be for expenses related to modernization of
automated systems: Provided further, That the Administrator of
the Federal Emergency Management Agency, in consultation with
the Department of Homeland Security Chief Information Officer,
shall submit to the Committees on Appropriations of the Senate
and the House of Representatives a strategic plan, not later
than 180 days after the date of enactment of this Act, for the
funds specified in the preceding proviso related to
modernization of automated systems, that includes--
(1) a comprehensive plan to automate and modernize
information systems to resolve current inefficiencies,
integrate data, and aid in better performance of
executing the Agency-wide mission;
(2) a description of the appropriations for each
project and activity tied to mission requirements and
outcomes, program management capabilities, performance
levels, and specific capabilities and services to be
delivered;
(3) the total estimated cost and projected timeline
of completion for all multi-year enhancements,
modernizations, and new capabilities proposed and
underway covering a period of no less than 3 years;
(4) a detailed accounting of operations and
maintenance and contractor services costs; and
(5) the current or planned acquisition programs
including--
(A) how the programs align to mission
requirements by defining existing capabilities,
identifying known capability gaps between such
existing capabilities and stated mission
requirements, and explaining how each increment
will address a known capability gap;
(B) how programs provide quantifiable
information that aids in understanding national
emergency management capabilities;
(C) how programs ensure information sharing
among homeland security partners; and
(D) life-cycle costs for all acquisitions.
state and local programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
activities, $1,349,681,000, which shall be distributed,
according to threat, vulnerability, and consequence, at the
discretion of the Secretary of Homeland Security based on the
following authorities:
(1) The State Homeland Security Grant Program under
section 2004 of the Homeland Security Act of 2002 (6
U.S.C. 605): Provided, That notwithstanding subsection
(c)(4) of such section 2004, for fiscal year 2012, the
Commonwealth of Puerto Rico shall make available to
local and tribal governments amounts provided to the
Commonwealth of Puerto Rico under this paragraph in
accordance with subsection (c)(1) of such section 2004.
(2) The Urban Area Security Initiative under
section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604).
(3) The Metropolitan Medical Response System under
section 635 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 723).
(4) The Citizen Corps Program.
(5) Public Transportation Security Assistance and
Railroad Security Assistance, under sections 1406 and
1513 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1135 and 1163),
including Amtrak security: Provided, That such public
transportation security assistance shall be provided
directly to public transportation agencies.
(6) Over-the-Road Bus Security Assistance under
section 1532 of the Implementing Recommendations of the
9/11 Commission Act of 2007 (6 U.S.C. 1182).
(7) Port Security Grants in accordance with 46
U.S.C. 70107.
(8) The Driver's License Security Grants Program in
accordance with section 204 of the REAL ID Act of 2005
(49 U.S.C. 30301 note).
(9) The Interoperable Emergency Communications
Grant Program under section 1809 of the Homeland
Security Act of 2002 (6 U.S.C. 579).
(10) Emergency Operations Centers under section 614
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196c).
(11) Buffer Zone Protection Program Grants.
(12) Organizations (as described under section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax section 501(a) of such code) determined
by the Secretary to be at high risk of a terrorist
attack:
Provided, That of the amount provided under this heading,
$50,000,000 shall be for Operation Stonegarden and no less than
$100,000,000 shall be for areas at the highest threat of a
terrorist attack: Provided further, That $231,681,000 shall be
for training, exercises, technical assistance, and other
programs, of which $155,500,000 shall be for training of State,
local, and tribal emergency response providers: Provided
further, That for grants under paragraphs (1) through (12),
applications for grants shall be made available to eligible
applicants not later than 60 days after the date of enactment
of this Act, that eligible applicants shall submit applications
not later than 80 days after the grant announcement, and the
Administrator of the Federal Emergency Management Agency shall
act within 65 days after the receipt of an application:
Provided further, That notwithstanding section 2008(a)(11) of
the Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)), or any
other provision of law, a grantee may use not more than 5
percent of the amount of a grant made available under this
heading for expenses directly related to administration of the
grant: Provided further, That 6.8 percent of the amounts
provided under this heading shall be transferred to the Federal
Emergency Management Agency ``Salaries and Expenses'' account
for program administration: Provided further, That for grants
under paragraphs (1) and (2), the installation of communication
towers is not considered construction of a building or other
physical facility: Provided further, That grantees shall
provide reports on their use of funds, as determined necessary
by the Secretary of Homeland Security: Provided further, That
in fiscal year 2012: (a) the Center for Domestic Preparedness
may provide training to emergency response providers from the
Federal Government, foreign governments, or private entities,
if the Center for Domestic Preparedness is reimbursed for the
cost of such training, and any reimbursement under this
subsection shall be credited to the account from which the
expenditure being reimbursed was made and shall be available,
without fiscal year limitation, for the purposes for which
amounts in the account may be expended; (b) the head of the
Center for Domestic Preparedness shall ensure that any training
provided under (a) does not interfere with the primary mission
of the Center to train state and local emergency response
providers; and (c) subject to (b), nothing in (a) prohibits the
Center for Domestic Preparedness from providing training to
employees of the Federal Emergency Management Agency in
existing chemical, biological, radiological, nuclear,
explosives, mass casualty, and medical surge courses pursuant
to 5 U.S.C. 4103 without reimbursement for the cost of such
training.
firefighter assistance grants
For necessary expenses for programs authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.), $675,000,000, to remain available until September 30,
2013, of which $337,500,000 shall be available to carry out
section 33 of that Act (15 U.S.C. 2229) and $337,500,000 shall
be available to carry out section 34 of that Act (15 U.S.C.
2229a): Provided, That not to exceed 5 percent of the amount
available under this heading shall be available for program
administration.
emergency management performance grants
For necessary expenses for emergency management performance
grants, as authorized by the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
$350,000,000: Provided, That total administrative costs shall
not exceed 3 percent of the total amount appropriated under
this heading.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2012, as
authorized in title III of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less
than 100 percent of the amounts anticipated by the Department
of Homeland Security necessary for its radiological emergency
preparedness program for the next fiscal year: Provided, That
the methodology for assessment and collection of fees shall be
fair and equitable and shall reflect costs of providing such
services, including administrative costs of collecting such
fees: Provided further, That fees received under this heading
shall be deposited in this account as offsetting collections
and will become available for authorized purposes on October 1,
2012, and remain available until expended.
united states fire administration
For necessary expenses of the United States Fire
Administration and for other purposes, as authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.) and the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.), $44,038,000.
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $700,000,000, to remain available until
expended, of which $24,000,000 shall be transferred to the
Department of Homeland Security Office of Inspector General for
audits and investigations related to disasters: Provided, That
the Administrator of the Federal Emergency Management Agency
shall submit an expenditure plan to the Committees on
Appropriations of the Senate and the House of Representatives
detailing the use of the funds made available in this or any
other Act for disaster readiness and support not later than 60
days after the date of enactment of this Act: Provided
further, That the Administrator of the Federal Emergency
Management Agency shall submit to such Committees a quarterly
report detailing obligations against the expenditure plan and a
justification for any changes from the initial plan: Provided
further, That the matter under this heading in title III of
division E of Public Law 110-161 is amended by striking the
fourth proviso: Provided further, That the Administrator of
the Federal Emergency Management Agency shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives the following reports, including a specific
description of the methodology and the source data used in
developing such reports:
(1) an estimate of the following amounts shall be
submitted for the budget year at the time that the
President's budget is submitted each year under section
1105(a) of title 31, United States Code:
(A) the unobligated balance of funds to be
carried over from the prior fiscal year to the
budget year;
(B) the unobligated balance of funds to be
carried over from the budget year to the budget
year plus 1;
(C) the amount of obligations for non-
catastrophic events for the budget year;
(D) the amount of obligations for the
budget year for catastrophic events delineated
by event and by State;
(E) the total amount that has been
previously obligated or will be required for
catastrophic events delineated by event and by
State for all prior years, the current year,
the budget year, the budget year plus 1, the
budget year plus 2, and the budget year plus 3
and beyond;
(F) the amount of previously obligated
funds that will be recovered for the budget
year;
(G) the amount that will be required for
obligations for emergencies, as described in
section 102(1) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122(1)), major disasters, as
described in section 102(2) of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122(2)), fire
management assistance grants, as described in
section 420 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5187), surge activities, and disaster readiness
and support activities;
(H) the amount required for activities not
covered under section 251(b)(2)(D)(iii) of the
Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii); Public
Law 99-177);
(2) an estimate or actual amounts, if available, of
the following for the current fiscal year shall be
submitted not later than the fifth day of each month
beginning with the first full month after the date of
enactment of this Act:
(A) a summary of the amount of
appropriations made available by source, the
transfers executed, the previously allocated
funds recovered, and the commitments,
allocations, and obligations made;
(B) a table of disaster relief activity
delineated by month, including--
(i) the beginning and ending
balances;
(ii) the total obligations to
include amounts obligated for fire
assistance, emergencies, surge, and
disaster support activities;
(iii) the obligations for
catastrophic events delineated by event
and by State; and
(iv) the amount of previously
obligated funds that are recovered;
(C) a summary of allocations, obligations,
and expenditures for catastrophic events
delineated by event; and
(D) the date on which funds appropriated
will be exhausted.
disaster assistance direct loan program account
For activities under section 319 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162),
$295,000 is for the cost of direct loans: Provided, That gross
obligations for the principal amount of direct loans shall not
exceed $25,000,000: Provided further, That the cost of
modifying such loans shall be as defined in section 502 of the
Congressional Budget Act of 1974 (2 U.S.C. 661a).
flood hazard mapping and risk analysis program
For necessary expenses, including administrative costs,
under section 1360 of the National Flood Insurance Act of 1968
(42 U.S.C. 4101), $97,712,000, and such additional sums as may
be provided by State and local governments or other political
subdivisions for cost-shared mapping activities under section
1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain
available until expended.
national flood insurance fund
For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.) and the Flood Disaster Protection
Act of 1973 (42 U.S.C. 4001 et seq.), $171,000,000, which shall
be derived from offsetting collections assessed and collected
under section 1308(d) of the National Flood Insurance Act of
1968 (42 U.S.C. 4015(d)); of which not to exceed $22,000,000
shall be available for salaries and expenses associated with
flood mitigation and flood insurance operations; and not less
than $149,000,000 shall be available for flood plain management
and flood mapping, which shall remain available until September
30, 2013: Provided, That any additional fees collected
pursuant to section 1308(d) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4015(d)) shall be credited as an offsetting
collection to this account, to be available for flood plain
management and flood mapping: Provided further, That in fiscal
year 2012, no funds shall be available from the National Flood
Insurance Fund under section 1310 of that Act (42 U.S.C. 4017)
in excess of:
(1) $132,000,000 for operating expenses;
(2) $1,007,571,000 for commissions and taxes of
agents;
(3) such sums as are necessary for interest on
Treasury borrowings; and
(4) $60,000,000, which shall remain available until
expended for flood mitigation actions; of which not
less than $10,000,000 is for severe repetitive loss
properties under section 1361A of the National Flood
Insurance Act of 1968 (42 U.S.C. 4102a); of which
$10,000,000 shall be for repetitive insurance claims
properties under section 1323 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4030); and of which
$40,000,000 shall be for flood mitigation assistance
under section 1366 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4104c), notwithstanding
subparagraphs (B) and (C) of subsection (b)(3) and
subsection (f) of section 1366 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4104c) and
notwithstanding subsection (a)(7) of section 1310 of
the National Flood Insurance Act of 1968 (42 U.S.C.
4017):
Provided further, That the amounts collected under section
102 of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4012a) and section 1366(i) of the National Flood Insurance Act
of 1968 shall be deposited in the National Flood Insurance Fund
to supplement other amounts specified as available for section
1366 of the National Insurance Act of 1968, notwithstanding
subsection (f)(8) of such section 102 (42 U.S.C. 4012a(f)(8)
and subsection 1366(i) and paragraphs (2) and (3) of section
1367(b) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(i), 4104d(b)(2)-(3)): Provided further, That total
administrative costs shall not exceed 4 percent of the total
appropriation.
national predisaster mitigation fund
For the predisaster mitigation grant program under section
203 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133), $35,500,000, to remain
available until expended: Provided, That the total
administrative costs associated with such grants shall not
exceed $3,000,000 of the total amount made available under this
heading.
emergency food and shelter
To carry out the emergency food and shelter program
pursuant to title III of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11331 et seq.), $120,000,000, to remain
available until expended: Provided, That total administrative
costs shall not exceed 3.5 percent of the total amount made
available under this heading.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration
services, $102,424,000 for the E-Verify Program, as described
in section 403(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), to
assist United States employers with maintaining a legal
workforce: Provided, That notwithstanding any other provision
of law, funds otherwise made available to United States
Citizenship and Immigration Services may be used to acquire,
operate, equip, and dispose of up to 5 vehicles, for
replacement only, for areas where the Administrator of General
Services does not provide vehicles for lease: Provided
further, That the Director of United States Citizenship and
Immigration Services may authorize employees who are assigned
to those areas to use such vehicles to travel between the
employees' residences and places of employment.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement
Training Center, including materials and support costs of
Federal law enforcement basic training; the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger
motor vehicles; expenses for student athletic and related
activities; the conduct of and participation in firearms
matches and presentation of awards; public awareness and
enhancement of community support of law enforcement training;
room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile
phones for official duties; and services as authorized by
section 3109 of title 5, United States Code; $238,957,000; of
which up to $48,978,000 shall remain available until September
30, 2013, for materials and support costs of Federal law
enforcement basic training; of which $300,000 shall remain
available until expended to be distributed to Federal law
enforcement agencies for expenses incurred participating in
training accreditation; and of which not to exceed $10,200
shall be for official reception and representation expenses:
Provided, That the Center is authorized to obligate funds in
anticipation of reimbursements from agencies receiving training
sponsored by the Center, except that total obligations at the
end of the fiscal year shall not exceed total budgetary
resources available at the end of the fiscal year: Provided
further, That section 1202(a) of Public Law 107-206 (42 U.S.C.
3771 note), as amended by Public Law 111-83 (123 Stat. 2166),
is further amended by striking ``December 31, 2012'' and
inserting ``December 31, 2014'': Provided further, That the
Director of the Federal Law Enforcement Training Center shall
schedule basic or advanced law enforcement training, or both,
at all four training facilities under the control of the
Federal Law Enforcement Training Center to ensure that such
training facilities are operated at the highest capacity
throughout the fiscal year: Provided further, That the Federal
Law Enforcement Training Accreditation Board, including
representatives from the Federal law enforcement community and
non-Federal accreditation experts involved in law enforcement
training, shall lead the Federal law enforcement training
accreditation process to continue the implementation of
measuring and assessing the quality and effectiveness of
Federal law enforcement training programs, facilities, and
instructors.
acquisitions, construction, improvements, and related expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law
Enforcement Training Center, $32,456,000, to remain available
until September 30, 2016: Provided, That the Center is
authorized to accept reimbursement to this appropriation from
government agencies requesting the construction of special use
facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under
Secretary for Science and Technology and for management and
administration of programs and activities, as authorized by
title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.), $135,000,000: Provided, That not to exceed $8,500 shall
be for official reception and representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects, development, test and
evaluation, acquisition, and operations as authorized by title
III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.), and the purchase or lease of not to exceed 5 vehicles,
$533,000,000, of which $356,500,000, to remain available until
September 30, 2014; and of which $176,500,000, to remain
available until September 30, 2016, solely for operation and
construction of laboratory facilities.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection
Office, as authorized by title XIX of the Homeland Security Act
of 2002 (6 U.S.C. 591 et seq.), for management and
administration of programs and activities, $38,000,000:
Provided, That not to exceed $2,500 shall be for official
reception and representation expenses: Provided further, That
not later than 180 days after the date of enactment of this
Act, the Secretary of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a strategic plan of investments necessary to
implement the Department of Homeland Security's
responsibilities under the domestic component of the global
nuclear detection architecture that shall:
(1) define each Departmental entity's roles and
responsibilities in support of the domestic detection
architecture, including any existing or planned
programs to pre-screen cargo or conveyances overseas;
(2) identify and describe the specific investments
being made by Departmental organizations in fiscal year
2012, and planned for fiscal year 2013, to support the
domestic architecture and the security of sea, land,
and air pathways into the United States;
(3) describe the investments necessary to close
known vulnerabilities and gaps, including associated
costs and timeframes, and estimates of feasibility and
cost effectiveness; and
(4) explain how the Department's research and
development funding is furthering the implementation of
the domestic nuclear detection architecture, including
specific investments planned for each of fiscal years
2012 and 2013.
research, development, and operations
For necessary expenses for radiological and nuclear
research, development, testing, evaluation, and operations,
$215,000,000, to remain available until September 30, 2014.
systems acquisition
For expenses for the Domestic Nuclear Detection Office
acquisition and deployment of radiological detection systems in
accordance with the global nuclear detection architecture,
$37,000,000, to remain available until September 30, 2014.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established pursuant
to this Act, may be merged with funds in the applicable
established accounts, and thereafter may be accounted for as
one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the agencies in or
transferred to the Department of Homeland Security that remain
available for obligation or expenditure in fiscal year 2012, or
provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates a new program, project, or activity;
(2) eliminates a program, project, office, or
activity;
(3) increases funds for any program, project, or
activity for which funds have been denied or restricted
by the Congress;
(4) proposes to use funds directed for a specific
activity by either of the Committees on Appropriations
of the Senate or the House of Representatives for a
different purpose; or
(5) contracts out any function or activity for
which funding levels were requested for Federal full-
time equivalents in the object classification tables
contained in the fiscal year 2012 Budget Appendix for
the Department of Homeland Security, as modified by the
joint explanatory statement accompanying this Act,
unless the Committees on Appropriations of the Senate
and the House of Representatives are notified 15 days
in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred
to the Department of Homeland Security that remain available
for obligation or expenditure in fiscal year 2012, or provided
from any accounts in the Treasury of the United States derived
by the collection of fees or proceeds available to the agencies
funded by this Act, shall be available for obligation or
expenditure for programs, projects, or activities through a
reprogramming of funds in excess of $5,000,000 or 10 percent,
whichever is less, that:
(1) augments existing programs, projects, or
activities;
(2) reduces by 10 percent funding for any existing
program, project, or activity, or reduces the numbers
of personnel by 10 percent as approved by the Congress;
or
(3) results from any general savings from a
reduction in personnel that would result in a change in
existing programs, projects, or activities as approved
by the Congress, unless the Committees on
Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Homeland Security by this Act or provided by previous
appropriations Acts may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under
this section shall be treated as a reprogramming of funds under
subsection (b) and shall not be available for obligation unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this
section, no funds shall be reprogrammed within or transferred
between appropriations after June 30, except in extraordinary
circumstances that imminently threaten the safety of human life
or the protection of property.
(e) The notification thresholds and procedures set forth in
this section shall apply to any use of deobligated balances of
funds provided in previous Department of Homeland Security
Appropriations Acts.
Sec. 504. The Department of Homeland Security Working
Capital Fund, established pursuant to section 403 of Public Law
103-356 (31 U.S.C. 501 note), shall continue operations as a
permanent working capital fund for fiscal year 2012: Provided,
That none of the funds appropriated or otherwise made available
to the Department of Homeland Security may be used to make
payments to the Working Capital Fund, except for the activities
and amounts allowed in the President's fiscal year 2012 budget:
Provided further, That funds provided to the Working Capital
Fund shall be available for obligation until expended to carry
out the purposes of the Working Capital Fund: Provided
further, That all departmental components shall be charged only
for direct usage of each Working Capital Fund service:
Provided further, That funds provided to the Working Capital
Fund shall be used only for purposes consistent with the
contributing component: Provided further, That the Working
Capital Fund shall be paid in advance or reimbursed at rates
which will return the full cost of each service: Provided
further, That the Working Capital Fund shall be subject to the
requirements of section 503 of this Act.
Sec. 505. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2012 from appropriations
for salaries and expenses for fiscal year 2012 in this Act
shall remain available through September 30, 2013, in the
account and for the purposes for which the appropriations were
provided: Provided, That prior to the obligation of such
funds, a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives
for approval in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2012 until the enactment of an Act authorizing
intelligence activities for fiscal year 2012.
Sec. 507. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be used
to--
(1) make or award a grant allocation, grant,
contract, other transaction agreement, task or delivery
order on a Department of Homeland Security multiple
award contract, or to issue a letter of intent totaling
in excess of $1,000,000;
(2) award a task or delivery order requiring an
obligation of funds in an amount greater than
$10,000,000 from multi-year Department of Homeland
Security funds or a task or delivery order that would
cause cumulative obligations of multi-year funds in a
single account to exceed 50 percent of the total amount
appropriated; or
(3) announce publicly the intention to make or
award items under paragraph (1) or (2), including a
contract covered by the Federal Acquisition Regulation.
(b) The Secretary of Homeland Security may waive the
prohibition under subsection (a) if the Secretary notifies the
Committees on Appropriations of the Senate and the House of
Representatives at least 3 full business days in advance of
making an award or issuing a letter as described in that
subsection.
(c) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to
human life, health, or safety, an award may be made without
notification, and the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives
not later than 5 full business days after such an award is made
or letter issued.
(d) A notification under this section--
(1) may not involve funds that are not available
for obligation; and
(2) shall include the amount of the award, the
fiscal year for which the funds for the award were
appropriated, and the account from which the funds are
being drawn.
(e) The Administrator of the Federal Emergency Management
Agency shall brief the Committees on Appropriations of the
Senate and the House of Representatives 5 full business days in
advance of announcing publicly the intention of making an award
under ``State and Local Programs''.
Sec. 508. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations,
to be used for the purpose of conducting Federal law
enforcement training without the advance approval of the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Center
facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of title
40, United States Code, has not been approved, except that
necessary funds may be expended for each project for required
expenses for the development of a proposed prospectus.
Sec. 510. Sections 520, 522, and 530, of the Department of
Homeland Security Appropriations Act, 2008 (division E of
Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with
respect to funds made available in this Act in the same manner
as such sections applied to funds made available in that Act.
Sec. 511. None of the funds made available in this Act may
be used in contravention of the applicable provisions of the
Buy American Act (41 U.S.C. 10a et seq.).
Sec. 512. None of the funds made available in this Act may
be used by any person other than the Privacy Officer appointed
under subsection (a) of section 222 of the Homeland Security
Act of 2002 (6 U.S.C. 142(a)) to alter, direct that changes be
made to, delay, or prohibit the transmission to Congress of any
report prepared under paragraph (6) of such subsection.
Sec. 513. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section 337
of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 514. Within 45 days after the end of each month, the
Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate
and the House of Representatives a monthly budget and staffing
report for that month that includes total obligations, on-board
versus funded full-time equivalent staffing levels, and the
number of contract employees for each office of the Department.
Sec. 515. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided as of
June 1, 2004, by employees (including employees serving on a
temporary or term basis) of United States Citizenship and
Immigration Services of the Department of Homeland Security who
are known as of that date as Immigration Information Officers,
Contact Representatives, or Investigative Assistants.
Sec. 516. Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to
Transportation Security Administration ``Aviation Security'',
``Administration'', and ``Transportation Security Support'' for
fiscal years 2004 and 2005 that are recovered or deobligated
shall be available only for the procurement or installation of
explosives detection systems, air cargo, baggage, and
checkpoint screening systems, subject to notification:
Provided, That quarterly reports shall be submitted to the
Committees on Appropriations of the Senate and the House of
Representatives on any funds that are recovered or deobligated.
Sec. 517. Any funds appropriated to Coast Guard
``Acquisition, Construction, and Improvements'' for fiscal
years 2002, 2003, 2004, 2005, and 2006 for the 110-123 foot
patrol boat conversion that are recovered, collected, or
otherwise received as the result of negotiation, mediation, or
litigation, shall be available until expended for the Fast
Response Cutter program.
Sec. 518. Section 532(a) of Public Law 109-295 (120 Stat.
1384) is amended by striking ``2011'' and inserting ``2012''.
Sec. 519. The functions of the Federal Law Enforcement
Training Center instructor staff shall be classified as
inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 520. (a) Except as provided in subsection (b), none of
the funds appropriated in this or any other Act to the ``Office
of the Secretary and Executive Management'', the ``Office of
the Under Secretary for Management'', or the ``Office of the
Chief Financial Officer'', may be obligated for a grant or
contract funded under such headings by any means other than
full and open competition.
(b) Subsection (a) does not apply to obligation of funds
for a contract awarded--
(1) by a means that is required by a Federal
statute, including obligation for a purchase made under
a mandated preferential program, including the
AbilityOne Program, that is authorized under the
Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.);
(2) pursuant to the Small Business Act (15 U.S.C.
631 et seq.);
(3) in an amount less than the simplified
acquisition threshold described under section 302A(a)
of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 252a(a)); or
(4) by another Federal agency using funds provided
through an interagency agreement.
(c)(1) Subject to paragraph (2), the Secretary of Homeland
Security may waive the application of this section for the
award of a contract in the interest of national security or if
failure to do so would pose a substantial risk to human health
or welfare.
(2) Not later than 5 days after the date on which the
Secretary of Homeland Security issues a waiver under this
subsection, the Secretary shall submit notification of that
waiver to the Committees on Appropriations of the Senate and
the House of Representatives, including a description of the
applicable contract to which the waiver applies and an
explanation of why the waiver authority was used: Provided,
That the Secretary may not delegate the authority to grant such
a waiver.
(d) In addition to the requirements established by
subsections (a), (b), and (c) of this section, the Inspector
General of the Department of Homeland Security shall review
departmental contracts awarded through means other than a full
and open competition to assess departmental compliance with
applicable laws and regulations: Provided, That the Inspector
General shall review selected contracts awarded in the previous
fiscal year through means other than a full and open
competition: Provided further, That in selecting which
contracts to review, the Inspector General shall consider the
cost and complexity of the goods and services to be provided
under the contract, the criticality of the contract to
fulfilling Department missions, past performance problems on
similar contracts or by the selected vendor, complaints
received about the award process or contractor performance, and
such other factors as the Inspector General deems relevant:
Provided further, That the Inspector General shall report the
results of the reviews to the Committees on Appropriations of
the Senate and the House of Representatives no later than
February 6, 2012.
Sec. 521. None of the funds provided by this or previous
appropriations Acts shall be used to fund any position
designated as a Principal Federal Official (or the successor
thereto) for any Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) declared
disasters or emergencies unless--
(1) The responsibilities of the Principal Federal
Official do not include operational functions related
to incident management, including coordination of
operations, and are consistent with the requirements of
subsection 509(c) and subsections 503(c)(3) and
(c)(4)(A) of the Homeland Security Act of 2002 (6
U.S.C. 319(c) and 313(c)(3) and (c)(4)(A)) and section
302 of the Robert T. Stafford Disaster Relief and
Assistance Act (42 U.S.C. 5143);
(2) Not later than 10 business days after the
latter of the date on which the Secretary of Homeland
Security appoints the Principal Federal Official and
the date on which the President issues a declaration
under section 401 or section 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170 and 5191, respectively), the Secretary
of Homeland Security shall submit a notification of the
appointment of the Principal Federal Official and a
description of the responsibilities of such Official
and how such responsibilities are consistent with
paragraph (1) to the Committees on Appropriations of
the Senate and the House of Representatives, the
Transportation and Infrastructure Committee of the
House of Representatives, and the Homeland Security and
Governmental Affairs Committee of the Senate; and
(3) Not later than 60 days after the date of
enactment of this Act, the Secretary shall provide a
report specifying timeframes and milestones regarding
the update of operations, planning and policy
documents, and training and exercise protocols, to
ensure consistency with paragraph (1) of this section.
Sec. 522. None of the funds made available in this or any
other Act for fiscal years 2012 and thereafter may be used to
enforce section 4025(1) of Public Law 108-458 unless the
Administrator of the Transportation Security Administration
reverses the determination of July 19, 2007, that butane
lighters are not a significant threat to civil aviation
security.
Sec. 523. None of the funds provided or otherwise made
available in this Act shall be available to carry out section
872 of the Homeland Security Act of 2002 (6 U.S.C. 452).
Sec. 524. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the
Coast Guard nationwide, including civil engineering units,
facilities design and construction centers, maintenance and
logistics commands, and the Coast Guard Academy, except that
none of the funds provided in this Act may be used to reduce
operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 525. None of the funds made available in this Act may
be used by United States Citizenship and Immigration Services
to grant an immigration benefit unless the results of
background checks required by law to be completed prior to the
granting of the benefit have been received by United States
Citizenship and Immigration Services, and the results do not
preclude the granting of the benefit.
Sec. 526. None of the funds made available in this or any
other Act for fiscal year 2012 and thereafter may be used to
destroy or put out to pasture any horse or other equine
belonging to any component or agency of the Department of
Homeland Security that has become unfit for service, unless the
trainer or handler is first given the option to take possession
of the equine through an adoption program that has safeguards
against slaughter and inhumane treatment.
Sec. 527. Section 831 of the Homeland Security Act of 2002
(6 U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until
September 30, 2011,'' and inserting ``Until September
30, 2012,'';
(2) by striking subsection (b);
(3) by redesignating subsections (c), (d), and (e)
as subsections (b), (c), and (d), respectively; and
(4) in subsection (c)(1) (as redesignated by
paragraph (3) of this section), by striking ``September
30, 2011,'' and inserting ``September 30, 2012,''.
Sec. 528. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security that
provide award fees link such fees to successful acquisition
outcomes (which outcomes shall be specified in terms of cost,
schedule, and performance).
Sec. 529. Notwithstanding any other provision of law, none
of the funds provided in this or any other Act shall be used to
approve a waiver of the navigation and vessel-inspection laws
pursuant to 46 U.S.C. 501(b) for the transportation of crude
oil distributed from the Strategic Petroleum Reserve until the
Secretary of Homeland Security, after consultation with the
Secretaries of the Departments of Energy and Transportation and
representatives from the United States flag maritime industry,
takes adequate measures to ensure the use of United States flag
vessels: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives within 48 hours of any request for waivers of
navigation and vessel-inspection laws pursuant to 46 U.S.C.
501(b).
Sec. 530. None of the funds made available to the Office
of the Secretary and Executive Management under this Act may be
expended for any new hires by the Department of Homeland
Security that are not verified through the E-Verify Program as
described in section 403(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
Sec. 531. None of the funds in this Act shall be used to
reduce the United States Coast Guard's Operations Systems
Center mission or its government-employed or contract staff
levels.
Sec. 532. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription drug
(within the meaning of section 801(g) of the Federal Food,
Drug, and Cosmetic Act) from importing a prescription drug from
Canada that complies with the Federal Food, Drug, and Cosmetic
Act: Provided, That this section shall apply only to
individuals transporting on their person a personal-use
quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802);
or
(2) a biological product, as defined in section 351
of the Public Health Service Act (42 U.S.C. 262).
Sec. 533. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a
competition under Office of Management and Budget Circular A-76
for activities performed with respect to the Coast Guard
National Vessel Documentation Center.
Sec. 534. The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the Senate and the House of
Representatives of any proposed transfers of funds available
under section 9703.1 (g)(4)(B) of title 31, United States Code
(as added by Public Law 102-393) from the Department of the
Treasury Forfeiture Fund to any agency within the Department of
Homeland Security: Provided, That none of the funds identified
for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives
approve the proposed transfers.
Sec. 535. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 536. If the Administrator of the Transportation
Security Administration determines that an airport does not
need to participate in the E-Verify Program as described in
section 403(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note), the
Administrator shall certify to the Committees on Appropriations
of the Senate and the House of Representatives that no security
risks will result from such non-participation.
Sec. 537. (a) Notwithstanding any other provision of this
Act, except as provided in subsection (b), and 30 days after
the date on which the President determines whether to declare a
major disaster because of an event and any appeal is completed,
the Administrator shall publish on the Web site of the Federal
Emergency Management Agency a report regarding that decision
that shall summarize damage assessment information used to
determine whether to declare a major disaster.
(b) The Administrator may redact from a report under
subsection (a) any data that the Administrator determines would
compromise national security.
(c) In this section--
(1) the term ``Administrator'' means the
Administrator of the Federal Emergency Management
Agency; and
(2) the term ``major disaster'' has the meaning
given that term in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122).
Sec. 538. (a) Notwithstanding any other provision of law
during fiscal year 2012 or any subsequent fiscal year, if the
Secretary of Homeland Security determines that the National
Bio- and Agro-defense Facility should be located at a site
other than Plum Island, New York, the Secretary shall ensure
that the Administrator of General Services sells through public
sale all real and related personal property and transportation
assets which support Plum Island operations, subject to such
terms and conditions as may be necessary to protect Government
interests and meet program requirements.
(b) The proceeds of such sale described in subsection (a)
shall be deposited as offsetting collections into the
Department of Homeland Security Science and Technology
``Research, Development, Acquisition, and Operations'' account
and, subject to appropriation, shall be available until
expended, for site acquisition, construction, and costs related
to the construction of the National Bio- and Agro-defense
Facility, including the costs associated with the sale,
including due diligence requirements, necessary environmental
remediation at Plum Island, and reimbursement of expenses
incurred by the General Services Administration.
Sec. 539. Any official that is required by this Act to
report or to certify to the Committees on Appropriations of the
Senate and the House of Representatives may not delegate such
authority to perform that act unless specifically authorized
herein.
Sec. 540. Section 550(b) of the Department of Homeland
Security Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C.
121 note), as amended by section 550 of the Department of
Homeland Security Appropriations Act, 2010 (Public Law 111-83),
is further amended by striking ``on October 4, 2011'' and
inserting ``on October 4, 2012''.
Sec. 541. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within the
United States, its territories, or possessions Khalid Sheikh
Mohammed or any other detainee who--
(1) is not a United States citizen or a member of
the Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at
the United States Naval Station, Guantanamo Bay, Cuba,
by the Department of Defense.
Sec. 542. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies
funded by this Act in contravention of sections 301-10.122
through 301.10-124 of title 41, Code of Federal Regulations.
Sec. 543. None of the funds made available in this Act may
be used to propose or effect a disciplinary or adverse action,
with respect to any Department of Homeland Security employee
who engages regularly with the public in the performance of his
or her official duties solely because that employee elects to
utilize protective equipment or measures, including but not
limited to surgical masks, N95 respirators, gloves, or hand-
sanitizers, where use of such equipment or measures is in
accord with Department of Homeland Security policy, and Centers
for Disease Control and Prevention and Office of Personnel
Management guidance.
Sec. 544. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 545. (a) Any company that collects or retains personal
information directly from any individual who participates in
the Registered Traveler program of the Transportation Security
Administration shall safeguard and dispose of such information
in accordance with the requirements in--
(1) the National Institute for Standards and
Technology Special Publication 800-30, entitled ``Risk
Management Guide for Information Technology Systems'';
(2) the National Institute for Standards and
Technology Special Publication 800-53, Revision 3,
entitled ``Recommended Security Controls for Federal
Information Systems and Organizations,''; and
(3) any supplemental standards established by the
Administrator of the Transportation Security
Administration (referred to in this section as the
``Administrator'').
(b) The airport authority or air carrier operator that
sponsors the company under the Registered Traveler program
shall be known as the Sponsoring Entity.
(c) The Administrator shall require any company covered by
subsection (a) to provide, not later than 30 days after the
date of enactment of this Act, to the Sponsoring Entity written
certification that the procedures used by the company to
safeguard and dispose of information are in compliance with the
requirements under subsection (a). Such certification shall
include a description of the procedures used by the company to
comply with such requirements.
Sec. 546. For fiscal year 2012 and thereafter, for
purposes of section 210C of the Homeland Security Act of 2002
(6 U.S.C. 124j), a rural area shall also include any area that
is located in a metropolitan statistical area and a county,
borough, parish, or area under the jurisdiction of an Indian
tribe with a population of not more than 50,000.
Sec. 547. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or performance that does not meet the
basic requirements of a contract.
Sec. 548. (a) Not later than 180 days after the date of
enactment of this Act, the Administrator of the Transportation
Security Administration shall submit to the Committees on
Appropriations of the Senate and the House of Representatives,
a report that either--
(1) certifies that the requirement for screening
all air cargo on passenger aircraft by the deadline
under section 44901(g) of title 49, United States Code,
has been met; or
(2) includes a strategy to comply with the
requirements under title 44901(g) of title 49, United
States Code, including--
(A) a plan to meet the requirement under
section 44901(g) of title 49, United States
Code, to screen 100 percent of air cargo
transported on passenger aircraft arriving in
the United States in foreign air transportation
(as that term is defined in section 40102 of
that title); and
(B) specification of--
(i) the percentage of such air
cargo that is being screened; and
(ii) the schedule for achieving
screening of 100 percent of such air
cargo.
(b) The Administrator shall continue to submit reports
described in subsection (a)(2) every 180 days thereafter until
the Administrator certifies that the Transportation Security
Administration has achieved screening of 100 percent of such
air cargo.
Sec. 549. In developing any process to screen aviation
passengers and crews for transportation or national security
purposes, the Secretary of Homeland Security shall ensure that
all such processes take into consideration such passengers' and
crews' privacy and civil liberties consistent with applicable
laws, regulations, and guidance.
Sec. 550. (a) None of the funds made available in this Act
may be obligated for construction of the National Bio- and
Agro-defense Facility until the Department of Homeland
Security--
(1) completes 50 percent of design planning for the
National Bio- and Agro-defense Facility;
(2) submits to the Committees on Appropriations of
the Senate and the House of Representatives a revised
site-specific biosafety and biosecurity mitigation risk
assessment that describes how to significantly reduce
risks of conducting essential research and diagnostic
testing at the National Bio- and Agro-defense Facility
and addresses shortcomings identified in the National
Academy of Sciences' evaluation of the initial site-
specific biosafety and biosecurity mitigation risk
assessment; and
(3) submits to the Committees on Appropriations of
the Senate and the House of Representatives the results
of the National Academy of Sciences' review of the risk
assessment as described in subsection (c).
(b) The revised site-specific biosafety and biosecurity
mitigation risk assessment required by subsection (a) shall--
(1) include a quantitative risk assessment for
foot-and-mouth disease virus, in particular
epidemiological and economic impact modeling to
determine the overall risk of operating the facility
for its expected 50-year life span, taking into account
strategies to mitigate risk of foot-and-mouth disease
virus release from the laboratory and ensure safe
operations at the approved National Bio- and Agro-
defense Facility site;
(2) address the impact of surveillance, response,
and mitigation plans (developed in consultation with
local, State, and Federal authorities and appropriate
stakeholders) if a release occurs, to detect and
control the spread of disease; and
(3) include overall risks of the most dangerous
pathogens the Department of Homeland Security expects
to hold in the National Bio- and Agro-defense
Facility's biosafety level 4 facility, and
effectiveness of mitigation strategies to reduce those
risks.
(c) The Department of Homeland Security shall enter into a
contract with the National Academy of Sciences to evaluate the
adequacy and validity of the risk assessment required by
subsection (a). The National Academy of Sciences shall submit a
report on such evaluation within four months after the date the
Department of Homeland Security concludes its risk assessment.
Sec. 551. (a) Notwithstanding section 1356(n) of title 8,
United States Code, of the funds deposited into the Immigration
Examinations Fee Account, $10,000,000 shall be available to
United States Citizenship and Immigration Services in fiscal
year 2012 for the purpose of providing an immigrant integration
grants program.
(b) None of the funds made available to United States
Citizenship and Immigration Services for grants for immigrant
integration may be used to provide services to aliens who have
not been lawfully admitted for permanent residence.
Sec. 552. For an additional amount for necessary expenses
for reimbursement of the actual costs to State and local
governments for providing emergency management, public safety,
and security at events, as determined by the Administrator of
the Federal Emergency Management Agency, related to the
presence of a National Special Security Event, $7,500,000, to
remain available until September 30, 2013.
Sec. 553. Notwithstanding the 10 percent limitation
contained in section 503(c) of this Act, the Secretary of
Homeland Security may transfer to the fund established by 8
U.S.C. 1101 note, up to $20,000,000 from appropriations
available to the Department of Homeland Security: Provided,
That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives 5
days in advance of such transfer.
Sec. 554. The administrative law judge annuitants
participating in the Senior Administrative Law Judge Program
managed by the Director of the Office of Personnel Management
under section 3323 of title 5, United States Code, shall be
available on a temporary re-employment basis to conduct
arbitrations of disputes as part of the arbitration panel
established by the President under section 601 of division A of
the American Recovery and Reinvestment Act of 2009 (Public Law
111-5; 123 Stat. 164).
Sec. 555. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any federal contract unless such
contract is entered into in accordance with the requirements of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 253) or Chapter 137 of title 10, United States Code,
and the Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without
regard to the above referenced statutes.
Sec. 556. (a) For an additional amount for data center
migration, $70,000,000.
(b) Funds made available in subsection (a) for data center
migration may be transferred by the Secretary of Homeland
Security between appropriations for the same purpose,
notwithstanding section 503 of this Act.
(c) No transfer described in subsection (b) shall occur
until 15 days after the Committees on Appropriations of the
Senate and the House of Representatives are notified of such
transfer.
Sec. 557. For fiscal year 2012 and thereafter, U.S.
Customs and Border Protection's Advanced Training Center is
authorized to charge fees for any service and/or thing of value
it provides to Federal Government or non-government entities or
individuals, so long as the fees charged do not exceed the full
costs associated with the service or thing of value provided:
Provided, That notwithstanding 31 U.S.C. 3302(b), fees
collected by the Advanced Training Center are to be deposited
into a separate account entitled ``Advanced Training Center
Revolving Fund'', and be available, without further
appropriations, for necessary expenses of the Advanced Training
Center program, and are to remain available until expended.
Sec. 558. Section 559(e) of Public Law 111-83 is amended--
(a) in the matter preceding the first proviso, by striking
``law, sell'' and inserting ``law, hereafter sell''; and
(b) in the first proviso--
(1) by striking ``shall be deposited'' and
inserting ``shall hereafter be deposited''; and
(2) by striking ``subject to appropriation,'' and
inserting ``without further appropriations,''.
Sec. 559. Notwithstanding any other provision of law,
should the Secretary of Homeland Security determine that
specific U.S. Immigration and Customs Enforcement Service
Processing Centers or other U.S. Immigration and Customs
Enforcement owned detention facilities no longer meet the
mission need, the Secretary is authorized to dispose of
individual Service Processing Centers or other U.S. Immigration
and Customs Enforcement owned detention facilities by directing
the Administrator of General Services to sell all real and
related personal property which support Service Processing
Centers or other U.S. Immigration and Customs Enforcement owned
detention facilities, subject to such terms and conditions as
necessary to protect Government interests and meet program
requirements: Provided, That the proceeds, net of the costs of
sale incurred by the General Services Administration and U.S.
Immigration and Customs Enforcement, shall be deposited as
offsetting collections into a separate account that shall be
available, subject to appropriation, until expended for other
real property capital asset needs of existing U.S. Immigration
and Customs Enforcement assets, excluding daily operations and
maintenance costs, as the Secretary deems appropriate:
Provided further, That any sale or collocation of federally
owned detention facilities shall not result in the maintenance
of fewer than 34,000 detention beds: Provided further, That
the Committees on Appropriations of the Senate and the House of
Representatives shall be notified 15 days prior to the
announcement of any proposed sale or collocation.
Sec. 560. For an additional amount for the ``Office of the
Under Secretary for Management'', $55,979,000, to remain
available until expended, for necessary expenses to plan,
acquire, construct, renovate, remediate, equip, furnish, and
occupy buildings and facilities for the consolidation of
department headquarters at St. Elizabeths and associated
mission support consolidation: Provided, That the Committees
on Appropriations of the Senate and the House of
Representatives shall receive an expenditure plan not later
than 90 days after the date of enactment of this Act detailing
the allocation of these funds.
Sec. 561. None of the funds made available by this Act may
be used to enforce the requirements in--
(1) section 34(a)(1)(A) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C.
2229(a)(1)(A));
(2) section 34(a)(1)(B) of such Act;
(3) section 34(c)(1) of such Act;
(4) section 34(c)(2) of such Act;
(5) section 34(c)(4)(A) of such Act; and
(6) section 34(a)(1)(E) of such Act.
Sec. 562. Notwithstanding the requirement under section
34(a)(1)(A) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229a(a)(1)(A)) that grants must be used to
increase the number of firefighters in fire departments, the
Secretary of Homeland Security, in making grants under section
34 of such Act using the funds appropriated for fiscal year
2011, shall grant waivers from the requirements of subsections
(a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of such section:
Provided, That section 34(a)(1)(E) of such Act shall not apply
with respect to funds appropriated for fiscal year 2011 for
grants under section 34 of such Act: Provided further, That
the Secretary of Homeland Security, in making grants under
section 34 of such Act, shall ensure that funds appropriated
for fiscal year 2011 are made available for the hiring,
rehiring, or retention of firefighters.
Sec. 563. For fiscal year 2012 and thereafter,
notwithstanding section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)) and 31 U.S.C. 3302, in the event
that a spill of national significance occurs, any payment of
amounts from the Oil Spill Liability Trust Fund pursuant to
section 1012(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(1)) for the removal costs incurred by the Coast Guard
for such spill, shall be credited directly to the accounts of
the Coast Guard current at the time such removal costs were
incurred or when reimbursement is received: Provided, That
such amounts shall be merged with and, without further
appropriations, made available for the same time period and the
same purpose as the appropriation to which it is credited.
Sec. 564. (a) Civil Penalties for Circumventing Security
Screening.--Section 46301(a)(5)(A)(i) of title 49, United
States Code, is amended--
(1) by striking ``or chapter 449'' and inserting
``chapter 449''; and
(2) by inserting ``, or section 46314(a)'' after
``44909)''.
(b) Criminal Penalties for Circumventing Security
Screening.--Section 46314(b)(2) of title 49, United States
Code, is amended by inserting ``with intent to evade security
procedures or restrictions or'' after ``of this section''.
(c) Notice of Penalties.--Section 46314 of title 49, United
States Code, is amended by adding at the end the following new
subsection:
``(c) Notice of Penalties.--
``(1) In general.--Each operator of an airport in
the United States that is required to establish an air
transportation security program pursuant to section
44903(c) shall ensure that signs that meet such
requirements as the Secretary of Homeland Security may
prescribe providing notice of the penalties imposed
under section 46301(a)(5)(A)(i) and subsection (b) of
this section are displayed near all screening
locations, all locations where passengers exit the
sterile area, and such other locations at the airport
as the Secretary of Homeland Security determines
appropriate.
``(2) Effect of signs on penalties.--An individual
shall be subject to a penalty imposed under section
46301(a)(5)(A)(i) or subsection (b) of this section
without regard to whether signs are displayed at an
airport as required by paragraph (1).''.
Sec. 565. (a) Short Title.--This section may be cited as
the ``Disaster Assistance Recoupment Fairness Act of 2011''.
(b) Debts Since 2005.--
(1) Definition.--In this section, the term
``covered assistance'' means assistance provided--
(A) under section 408 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174); and
(B) in relation to a major disaster
declared by the President under section 401 of
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170)
during the period beginning on August 28, 2005,
and ending on December 31, 2010.
(2) Waiver authority.--The Administrator of the
Federal Emergency Management Agency--
(A) subject to subparagraph (B) and
paragraph (3), may waive a debt owed to the
United States related to covered assistance
provided to an individual or household if--
(i) the covered assistance was
distributed based on an error by the
Federal Emergency Management Agency;
(ii) there was no fault on behalf
of the debtor; and
(iii) the collection of the debt
would be against equity and good
conscience; and
(B) may not waive a debt under subparagraph
(A) if the debt involves fraud, the
presentation of a false claim, or
misrepresentation by the debtor or any party
having an interest in the claim.
(3) Presumption of repayment.--In determining
whether to waive a debt under paragraph (2), the
Administrator of the Federal Emergency Management
Agency shall presume that, if the adjusted gross income
(as defined under section 62 of the Internal Revenue
Code of 1986) of the household of the debtor for the
last taxable year ending in or with the calendar year
preceding the date on which the income is determined
exceeds $90,000, the debtor should be required to make
at least a partial payment on the debt.
(4) Reporting.--Not later than 3 months after the
date of enactment of this Act, and every 3 months
thereafter until the date that is 18 months after the
date of enactment of this Act, the Inspector General of
the Department of Homeland Security shall submit a
report that assesses the cost-effectiveness of the
efforts of the Federal Emergency Management Agency to
recoup improper payments under the Individuals and
Household Program under section 408 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5174) to--
(A) the Committee on Homeland Security and
Governmental Affairs and the Subcommittee on
Homeland Security of the Committee on
Appropriations of the Senate; and
(B) the Committee on Homeland Security, the
Committee on Transportation and Infrastructure,
and the Subcommittee on Homeland Security of
the Committee on Appropriations of the House of
Representatives.
Sec. 566. (a) Notwithstanding section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act and
subject to subsection (b), recipients of Small Business
Administration Disaster loans for disaster-related damage to
their homes may be eligible for reimbursement at the discretion
of the state, under Section 404 of that Act, for documented and
eligible mitigation work performed on their home.
(b) Limitations.--
(1) Any reimbursement provided to or on behalf of a
homeowner pursuant to subsection (a) shall not exceed
the amount of the disaster loan that may be used and
was used for disaster mitigation activities; and
(2) Subsection (a) shall only apply if the disaster
loan and assistance provided under section 404 were
made available in response to the same disaster
declaration.
(3) Shall be applicable only to disasters declared
by the President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170) during the period beginning on August
28, 2005 and ending on August 28, 2006.
(c) If a state chooses to use funds under section 404 to
reimburse homeowners as provided in subsection (a), it shall
make payments in the following order:
(1) First, to the Small Business Administration on
behalf of the eligible homeowner for the purpose of
reducing, but not below zero, the homeowner's
outstanding debt obligation to the Small Business
Administration for the disaster loan; and
(2) Second, any remaining reimbursement shall be
paid directly to the homeowner.
Sec. 567. None of the funds made available under this Act
or any prior appropriations Act may be provided to the
Association of Community Organizations for Reform Now (ACORN),
or any of its affiliates, subsidiaries, or allied
organizations.
Sec. 568. The Commissioner of U.S. Customs and Border
Protection and the Assistant Secretary of Homeland Security for
U.S. Immigration and Customs Enforcement each shall submit to
the Committees on Appropriations of the Senate and the House of
Representatives with the congressional budget justification, a
multi-year investment and management plan, to include each year
starting with the current fiscal year and the 3 subsequent
fiscal years, for their respective Offices of Information
Technology to include for that office--
(1) the funding level by source for all funds to be
executed;
(2) the funding included for each project and
activity tied to mission requirements, program
management capabilities, performance levels, and
specific capabilities and services to be delivered;
(3) the total estimated cost and projected timeline
of completion for all multi-year enhancements,
modernizations, and new capabilities proposed in the
current fiscal year or underway; and
(4) a detailed accounting of operation and
maintenance costs.
Sec. 569. The Secretary of Homeland Security shall ensure
enforcement of immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))).
(rescissions)
Sec. 570. Of the funds transferred to the Department of
Homeland Security when it was created in 2003, the following
funds are hereby rescinded from the following accounts and
programs in the specified amounts:
(1) $2,577,000 from Coast Guard ``Acquisition,
Construction, and Improvements'';
(2) $5,355,296 from U.S. Immigration and Customs
Enforcement ``Salaries and Expenses'';
(3) $99,012 from U.S. Immigration and Customs
Enforcement ``Violent Crime Reduction Programs'';
(4) $3,332,541 from U.S. Customs and Border
Protection ``Salaries and Expenses'';
(5) $3,121,248 from Department of Homeland Security
``Office for Domestic Preparedness'';
(6) $678,213 from Federal Emergency Management
Agency ``National Predisaster Mitigation Fund'';
(7) $5,201,000 from ``Working Capital Fund'';
(8) $95,998 from ``Counterterrorism Fund'';
(9) $41,091 from U.S. Customs and Border Protection
``Violent Crime Reduction Fund''; and
(10) $153,095 from U.S. Immigration and Customs
Enforcement ``Violent Crime Reduction Trust Fund''.
(rescissions)
Sec. 571. The following unobligated balances made
available to the Department of Homeland Security pursuant to
section 505 of Department of Homeland Security Appropriations
Act, 2011 (Public Law 112-10; 125 Stat. 147) are rescinded:
(1) $178,783 from ``Analysis and Operations'';
(2) $1,619,907 from U.S. Customs and Border
Protection ``Salaries and Expenses'';
(3) $296,022 from Transportation Security
Administration ``Federal Air Marshals'';
(4) $37,800,412 from Coast Guard ``Operating
Expenses'';
(5) $879,153 from Coast Guard ``Acquisition,
Construction, and Improvements'';
(6) $1,104,347 from United States Secret Service
``Salaries and Expenses'';
(7) $97,046 from National Protection and Programs
Directorate ``Management and Administration'';
(8) $78,764 from National Protection and Programs
Directorate ``Infrastructure Protection and Information
Security'';
(9) $117,133 from Office of Health Affairs
``Salaries and Expenses'';
(10) $1,301,581 from ``United States Citizenship
and Immigration Services'';
(11) $369,032 from Federal Law Enforcement Training
Center ``Salaries and Expenses'';
(12) $279,098 from Science and Technology
``Management and Administration'';
(13) $1,072,938 from Domestic Nuclear Detection
Office ``Management and Administration''; and
(14) $216,744 from Federal Emergency Management
Agency ``Management and Administration''.
(rescissions)
Sec. 572. Of the funds appropriated to the Department of
Homeland Security, the following unobligated balances are
hereby rescinded from the following accounts and programs in
the specified amounts:
(1) $10,000,000 from U.S. Immigration and Customs
Enforcement ``Salaries and Expenses'';
(2) $10,000,000 from U.S. Immigration and Customs
Enforcement ``Automation Modernization'';
(3) $5,000,000 from U.S. Customs and Border
Protection ``Automation Modernization'': Provided,
That no funds shall be rescinded from prior year
appropriations provided for the TECS modernization
program;
(4) $71,300,000 from Transportation Security
Administration ``Aviation Security'' account 70x0550;
(5) $7,000,000 from U.S. Customs and Border
Protection ``Border Security Fencing, Infrastructure,
and Technology'';
(6) $2,427,336 from Coast Guard ``Acquisition,
Construction, and Improvements'';
(7) $5,000,000 from the ``Office of the Chief
Information Officer'' related to Emerge2; and
(8) $27,400,000 from National Protection and
Programs Directorate ``United States Visitor and
Immigrant Indicator Technology''.
Sec. 573. Sections 1309(a) and 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) are each
amended by striking ``September 30, 2011'' and inserting ``the
earlier of the date of the enactment into law of an Act that
specifically amends the date specified in this section or May
31, 2012''.
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2012''.
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2012
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)),
$961,900,000, to remain available until expended; of which
$3,000,000 shall be available in fiscal year 2012 subject to a
match by at least an equal amount by the National Fish and
Wildlife Foundation for cost-shared projects supporting
conservation of Bureau lands; and such funds shall be advanced
to the Foundation as a lump-sum grant without regard to when
expenses are incurred.
In addition, $32,500,000 is for the processing of
applications for permit to drill and related use
authorizations, to remain available until expended, to be
reduced by amounts collected by the Bureau and credited to this
appropriation that shall be derived from $6,500 per new
application for permit to drill that the Bureau shall collect
upon submission of each new application, and in addition,
$39,696,000 is for Mining Law Administration program
operations, including the cost of administering the mining
claim fee program; to remain available until expended, to be
reduced by amounts collected by the Bureau and credited to this
appropriation from mining claim maintenance fees and location
fees that are hereby authorized for fiscal year 2012 so as to
result in a final appropriation estimated at not more than
$961,900,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by
the Bureau for the cost of administering communication site
activities.
construction
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $3,576,000, to
remain available until expended.
land acquisition
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative expenses
and acquisition of lands or waters, or interests therein,
$22,380,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $112,043,000, to remain available until expended:
Provided, That 25 percent of the aggregate of all receipts
during the current fiscal year from the revested Oregon and
California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the
Act of August 28, 1937 (50 Stat. 876).
range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and mineral
leasing receipts from Bankhead-Jones lands transferred to the
Department of the Interior pursuant to law, but not less than
$10,000,000, to remain available until expended: Provided,
That not to exceed $600,000 shall be available for
administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law
93-153, to remain available until expended: Provided, That,
notwithstanding any provision to the contrary of section 305(a)
of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a
result of forfeiture, compromise, or settlement, if not
appropriate for refund pursuant to section 305(c) of that Act
(43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve,
protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the
action of a resource developer, purchaser, permittee, or any
unauthorized person, without regard to whether all moneys
collected from each such action are used on the exact lands
damaged which led to the action: Provided further, That any
such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of the Act of October 21, 1976
(43 U.S.C. 1701), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of making
conveyances of omitted lands under section 211(b) of that Act,
to remain available until expended.
administrative provisions
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with public
and private entities, including with States. Appropriations for
the Bureau shall be available for purchase, erection, and
dismantlement of temporary structures, and alteration and
maintenance of necessary buildings and appurtenant facilities
to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information
or evidence concerning violations of laws administered by the
Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $10,000: Provided, That notwithstanding Public Law 90-
620 (44 U.S.C. 501), the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly
produced publications for which the cooperators share the cost
of printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted
quality standards: Provided further, That projects to be
funded pursuant to a written commitment by a State government
to provide an identified amount of money in support of the
project may be carried out by the Bureau on a reimbursable
basis. Appropriations herein made shall not be available for
the destruction of healthy, unadopted, wild horses and burros
in the care of the Bureau or its contractors or for the sale of
wild horses and burros that results in their destruction for
processing into commercial products.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific and
economic studies, general administration, and for the
performance of other authorized functions related to such
resources, $1,228,142,000, to remain available until September
30, 2013 except as otherwise provided herein: Provided, That
not to exceed $20,902,000 shall be used for implementing
subsections (a), (b), (c), and (e) of section 4 of the
Endangered Species Act, as amended, (except for processing
petitions, developing and issuing proposed and final
regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or
(c)(2)(B)(ii)), of which not to exceed $7,472,000 shall be used
for any activity regarding the designation of critical habitat,
pursuant to subsection (a)(3), excluding litigation support,
for species listed pursuant to subsection (a)(1) prior to
October 1, 2010; of which not to exceed $1,500,000 shall be
used for any activity regarding petitions to list species that
are indigenous to the United States pursuant to subsections
(b)(3)(A) and (b)(3)(B); and, of which not to exceed $1,500,000
shall be used for implementing subsections (a), (b), (c), and
(e) of section 4 of the Endangered Species Act, as amended, for
species that are not indigenous to the United States: Provided
further, That, in fiscal year 2012 and hereafter of the amount
available for law enforcement, up to $400,000, to remain
available until expended, may at the discretion of the
Secretary be used for payment for information, rewards, or
evidence concerning violations of laws administered by the
Service, and miscellaneous and emergency expenses of
enforcement activity, authorized or approved by the Secretary
and to be accounted for solely on the Secretary's certificate:
Provided further, That in fiscal year 2012 and hereafter, of
the amount provided for environmental contaminants, up to
$1,000,000 may remain available until expended for contaminant
sample analyses.
construction
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of fish
and wildlife resources, and the acquisition of lands and
interests therein; $23,088,000, to remain available until
expended.
land acquisition
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the United
States Fish and Wildlife Service, $54,720,000, to be derived
from the Land and Water Conservation Fund and to remain
available until expended, of which, notwithstanding 16 U.S.C.
460l-9, not more than $5,000,000 shall be for land conservation
partnerships authorized by the Highlands Conservation Act of
2004, including not to exceed $160,000 for administrative
expenses: Provided, That none of the funds appropriated for
specific land acquisition projects may be used to pay for any
administrative overhead, planning or other management costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et
seq.), $47,757,000, to remain available until expended, of
which $22,757,000 is to be derived from the Cooperative
Endangered Species Conservation Fund; and of which $25,000,000
is to be derived from the Land and Water Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,980,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act, as amended (16 U.S.C.
4401 et seq.), $35,554,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical
Migratory Bird Conservation Act, as amended, (16 U.S.C. 6101 et
seq.), $3,792,000, to remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C.
6301 et seq.), and the Marine Turtle Conservation Act of 2004
(16 U.S.C. 6601 et seq.), $9,481,000, to remain available until
expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and Indian tribes under the provisions of the Fish and Wildlife
Act of 1956 and the Fish and Wildlife Coordination Act, for the
development and implementation of programs for the benefit of
wildlife and their habitat, including species that are not
hunted or fished, $61,421,000, to remain available until
expended: Provided, That of the amount provided herein,
$4,275,000 is for a competitive grant program for Indian tribes
not subject to the remaining provisions of this appropriation:
Provided further, That $5,741,000 is for a competitive grant
program for States, territories, and other jurisdictions with
approved plans, not subject to the remaining provisions of this
appropriation: Provided further, That the Secretary shall,
after deducting $10,016,000 and administrative expenses,
apportion the amount provided herein in the following manner:
(1) to the District of Columbia and to the Commonwealth of
Puerto Rico, each a sum equal to not more than one-half of 1
percent thereof; and (2) to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more than one-fourth
of 1 percent thereof: Provided further, That the Secretary
shall apportion the remaining amount in the following manner:
(1) one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which is
less than 1 percent of the amount available for apportionment
under this paragraph for any fiscal year or more than 5 percent
of such amount: Provided further, That the Federal share of
planning grants shall not exceed 75 percent of the total costs
of such projects and the Federal share of implementation grants
shall not exceed 65 percent of the total costs of such
projects: Provided further, That the non-Federal share of such
projects may not be derived from Federal grant programs:
Provided further, That any amount apportioned in 2012 to any
State, territory, or other jurisdiction that remains
unobligated as of September 30, 2013, shall be reapportioned,
together with funds appropriated in 2014, in the manner
provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities. Appropriations and
funds available to the United States Fish and Wildlife Service
shall be available for repair of damage to public roads within
and adjacent to reservation areas caused by operations of the
Service; options for the purchase of land at not to exceed $1
for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with
their primary purpose; and the maintenance and improvement of
aquaria, buildings, and other facilities under the jurisdiction
of the Service and to which the United States has title, and
which are used pursuant to law in connection with management,
and investigation of fish and wildlife resources: Provided,
That notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators
in connection with jointly produced publications for which the
cooperators share at least one-half the cost of printing either
in cash or services and the Service determines the cooperator
is capable of meeting accepted quality standards: Provided
further, That the Service may accept donated aircraft as
replacements for existing aircraft.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service and for the general administration of the
National Park Service, $2,240,152,000, of which $9,832,000 for
planning and interagency coordination in support of Everglades
restoration and $97,883,000 for maintenance, repair, or
rehabilitation projects for constructed assets, operation of
the National Park Service automated facility management
software system, and comprehensive facility condition
assessments shall remain available until September 30, 2013.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, and grant administration, not otherwise provided
for, $59,975,000: Provided, That section 502(c) of the
Chesapeake Bay Initiative Act of 1998 (16 U.S.C. 461 note;
Public Law 105-312) is amended by striking ``2011'' and
inserting ``2013''.
historic preservation fund
For expenses necessary in carrying out the National
Historic Preservation Act (16 U.S.C. 470), and the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law 104-
333), $56,000,000, to be derived from the Historic Preservation
Fund and to remain available until September 30, 2013.
construction
(including rescission of funds)
For construction, improvements, repair, or replacement of
physical facilities, including modifications authorized by
section 104 of the Everglades National Park Protection and
Expansion Act of 1989 (16 U.S.C. 410r-8), $159,621,000, to
remain available until expended: Provided, That
notwithstanding any other provision of law, a single
procurement for the project to repair damage to the Washington
Monument may be issued that includes the full scope of the
project, so long as the solicitation and contract shall contain
the clause ``availability of appropriated funds'' found in CFR
section 52.232.18 of title 48.
From funds previously made available under this heading,
$4,000,000 are rescinded.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2012 by 16
U.S.C. 460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-4 through
11), including administrative expenses, and for acquisition of
lands or waters, or interest therein, in accordance with the
statutory authority applicable to the National Park Service,
$102,060,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended, of
which $45,000,000 is for the State assistance program and of
which $9,000,000 shall be for the American Battlefield
Protection Program grants as authorized by section 7301 of the
Omnibus Public Land Management Act of 2009 (Public Law 111-11).
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 407(d) of
Public Law 105-391, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without
further appropriation, for use at any unit within the National
Park System to extinguish or reduce liability for Possessory
Interest or leasehold surrender interest. Such funds may only
be used for this purpose to the extent that the benefitting
unit anticipated franchise fee receipts over the term of the
contract at that unit exceed the amount of funds used to
extinguish or reduce liability. Franchise fees at the
benefitting unit shall be credited to the sub-account of the
originating unit over a period not to exceed the term of a
single contract at the benefitting unit, in the amount of funds
so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water
Conservation Fund grants authorized by section 105(a)(2)(B) of
the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-
432), the National Park Service may retain up to 3 percent of
the amounts which are authorized to be disbursed under such
section, such retained amounts to remain available until
expended.
National Park Service funds may be transferred to the
Federal Highway Administration (FHWA), Department of
Transportation, for purposes authorized under 23 U.S.C. 204.
Transfers may include a reasonable amount for FHWA
administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30 U.S.C.
3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as
authorized by law; and to publish and disseminate data relative
to the foregoing activities; $1,069,744,000, to remain
available until September 30, 2013; of which $51,569,700 shall
remain available until expended for satellite operations; and
of which $7,292,000 shall be available until expended for
deferred maintenance and capital improvement projects that
exceed $100,000 in cost: Provided, That none of the funds
provided for the ecosystem research activity shall be used to
conduct new surveys on private property, unless specifically
authorized in writing by the property owner: Provided further,
That no part of this appropriation shall be used to pay more
than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in
cooperation with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for reimbursement to the General Services
Administration for security guard services; contracting for the
furnishing of topographic maps and for the making of
geophysical or other specialized surveys when it is
administratively determined that such procedures are in the
public interest; construction and maintenance of necessary
buildings and appurtenant facilities; acquisition of lands for
gauging stations and observation wells; expenses of the United
States National Committee on Geology; and payment of
compensation and expenses of persons on the rolls of the Survey
duly appointed to represent the United States in the
negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein made
may be accomplished through the use of contracts, grants, or
cooperative agreements as defined in section 6302 of title 31,
United States Code: Provided further, That the United States
Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41
U.S.C. 5, for the temporary or intermittent services of
students or recent graduates, who shall be considered employees
for the purpose of chapters 57 and 81 of title 5, United States
Code, relating to compensation for travel and work injuries,
and chapter 171 of title 28, United States Code, relating to
tort claims, but shall not be considered to be Federal
employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting leases, easements,
rights-of-way and agreements for use for oil and gas, other
minerals, energy, and marine-related purposes on the Outer
Continental Shelf and approving operations related thereto, as
authorized by law; for environmental studies, as authorized by
law; for implementing other laws to the extent provided by
Presidential or Secretarial delegation; and for matching grants
or cooperative agreements, $59,792,000, to remain available
until September 30, 2013; and an amount not to exceed
$101,082,000, to be credited to this appropriation and to
remain available until expended, from additions to receipts
resulting from increases to rates in effect on August 5, 1993,
that are collected and disbursed by the Secretary, and from
cost recovery fees from activities conducted by the Bureau of
Ocean Energy Management pursuant to the Outer Continental Shelf
Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided, That
notwithstanding 31 U.S.C. 3302, in fiscal year 2012, such
amounts as are assessed under 31 U.S.C. 9701 shall be collected
and credited to this account and shall be available until
expended for necessary expenses: Provided further, That to the
extent $101,082,000 in addition to receipts are not realized
from the sources of receipts stated above, the amount needed to
reach $101,082,000 shall be credited to this appropriation from
receipts resulting from rental rates for Outer Continental
Shelf leases in effect before August 5, 1993: Provided
further, That for fiscal year 2012 and each fiscal year
thereafter, the term ``qualified Outer Continental Shelf
revenues'', as defined in section 102(9)(A) of the Gulf of
Mexico Energy Security Act, division C of Public Law 109-432,
shall include only the portion or rental revenues that would
have been collected by the Secretary at the rental rates in
effect before August 5, 1993: Provided further, That not to
exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup
activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations
related to leases, easements, rights-of-way and agreements for
use for oil and gas, other minerals, energy, and marine-related
purposes on the Outer Continental Shelf, as authorized by law;
for enforcing and implementing laws and regulations as
authorized by law and to the extent provided by Presidential or
Secretarial delegation; and for matching grants or cooperative
agreements, $61,473,000, to remain available until September
30, 2013; and an amount not to exceed $59,081,000 to be
credited to this appropriation and to remain available until
expended, from additions to receipts resulting from increases
to rates in effect on August 5, 1993, that are collected and
disbursed by the Secretary, from cost recovery fees from
activities conducted by the Bureau of Safety and Environmental
Enforcement pursuant to the Outer Continental Shelf Lands Act,
including studies, assessments, analysis, and miscellaneous
administrative activities: Provided, That notwithstanding 31
U.S.C. 3302, in fiscal year 2012, such amounts as are assessed
under 31 U.S.C. 9701 shall be collected and credited to this
account and shall be available until expended for necessary
expenses: Provided further, That to the extent $59,081,000 in
addition to receipts are not realized from the sources of
receipts stated above, the amount needed to reach $59,081,000
shall be credited to this appropriation from receipts resulting
from rental rates for Outer Continental Shelf leases in effect
before August 5, 1993: Provided further, That for fiscal year
2012 and each fiscal year thereafter, the term ``qualified
Outer Continental Shelf revenues'', as defined in section
102(9)(A) of the Gulf of Mexico Energy Security Act, division C
of Public Law 109-432, shall include only the portion of rental
revenues that would have been collected by the Secretary at the
rental rates in effect before August 5, 1993.
For an additional amount, $62,000,000, to remain available
until expended, which shall be derived from non-refundable
inspection fees collected in fiscal year 2012, as provided in
this Act: Provided, That to the extent that such amounts are
not realized from such fees, the amount needed to reach
$62,000,000 shall be credited to this appropriation from
receipts resulting from rental rates for Outer Continental
Shelf leases in effect before August 5, 1993: Provided
further, That to the extent that amounts realized from such
fees exceed $62,000,000, the amounts realized in excess of
$62,000,000 shall be credited to this appropriation and remain
available until expended: Provided further, That for fiscal
year 2012, not less than 50 percent of the inspection fees
collected by the Bureau of Safety and Environmental Enforcement
will be used to fund personnel and mission-related costs to
expand capacity and expedite the orderly development, subject
to environmental safeguards, of the Outer Continental Shelf
pursuant to the Outer Continental Shelf Lands Act (43 U.S.C.
1331 et seq.), including the review of applications for permits
to drill.
oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $14,923,000,
which shall be derived from the Oil Spill Liability Trust Fund,
to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public Law
95-87, as amended, $122,950,000, to remain available until
September 30, 2013: Provided, That appropriations for the
Office of Surface Mining Reclamation and Enforcement may
provide for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining Reclamation
and Enforcement sponsored training: Provided further, That, in
fiscal year 2012, up to $40,000 collected by the Office of
Surface Mining from permit fees pursuant to section 507 of
Public Law 95-87 (30 U.S.C. 1257) shall be credited to this
account as discretionary offsetting collections, to remain
available until expended: Provided further, That the sum
herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final
fiscal year 2012 appropriation estimated at not more than
$122,910,000: Provided further, That, in subsequent fiscal
years, all amounts collected by the Office of Surface Mining
from permit fees pursuant to section 507 of Public Law 95-87
(30 U.S.C. 1257) shall be credited to this account as
discretionary offsetting collections, to remain available until
expended.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
as amended, $27,443,000, to be derived from receipts of the
Abandoned Mine Reclamation Fund and to remain available until
expended: Provided, That pursuant to Public Law 97-365, the
Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the
United States Government to pay for contracts to collect these
debts: Provided further, That funds made available under title
IV of Public Law 95-87 may be used for any required non-Federal
share of the cost of projects funded by the Federal Government
for the purpose of environmental restoration related to
treatment or abatement of acid mine drainage from abandoned
mines: Provided further, That such projects must be consistent
with the purposes and priorities of the Surface Mining Control
and Reclamation Act: Provided further, That amounts provided
under this heading may be used for the travel and per diem
expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
administrative provision
With funds available for the Technical Innovation and
Professional Services program in this Act, the Secretary may
transfer title for computer hardware, software and other
technical equipment to State and tribal regulatory and
reclamation programs.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination
and Education Assistance Act of 1975 (25 U.S.C. 450 et seq.),
as amended, the Education Amendments of 1978 (25 U.S.C. 2001-
2019), and the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.), as amended, $2,371,532,000, to remain
available until September 30, 2013 except as otherwise provided
herein; of which not to exceed $8,500 may be for official
reception and representation expenses; of which not to exceed
$74,911,000 shall be for welfare assistance payments:
Provided, That in cases of designated Federal disasters, the
Secretary may exceed such cap, from the amounts provided
herein, to provide for disaster relief to Indian communities
affected by the disaster; of which, notwithstanding any other
provision of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, not to exceed
$219,560,000 shall be available for payments for contract
support costs associated with ongoing contracts, grants,
compacts, or annual funding agreements entered into with the
Bureau prior to or during fiscal year 2012, as authorized by
such Act, except that tribes and tribal organizations may use
their tribal priority allocations for unmet contract support
costs of ongoing contracts, grants, or compacts, or annual
funding agreements and for unmet welfare assistance costs; of
which not to exceed $590,484,000 for school operations costs of
Bureau-funded schools and other education programs shall become
available on July 1, 2012, and shall remain available until
September 30, 2013; and of which not to exceed $48,049,000
shall remain available until expended for housing improvement,
road maintenance, attorney fees, litigation support, the Indian
Self-Determination Fund, land records improvement, and the
Navajo-Hopi Settlement Program: Provided further, That
notwithstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975, as
amended, and 25 U.S.C. 2008, not to exceed $46,327,000 within
and only from such amounts made available for school operations
shall be available for administrative cost grants associated
with ongoing grants entered into with the Bureau prior to or
during fiscal year 2011 for the operation of Bureau-funded
schools, and up to $500,000 within and only from such amounts
made available for administrative cost grants shall be
available for the transitional costs of initial administrative
cost grants to grantees that assume operation on or after July
1, 2011, of Bureau-funded schools: Provided further, That any
forestry funds allocated to a tribe which remain unobligated as
of September 30, 2013, may be transferred during fiscal year
2014 to an Indian forest land assistance account established
for the benefit of the holder of the funds within the holder's
trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on
September 30, 2014: Provided further, That in order to enhance
the safety of Bureau field employees, the Bureau may use funds
to purchase uniforms or other identifying articles of clothing
for personnel.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and
preparation of lands for farming, and for construction of the
Navajo Indian Irrigation Project pursuant to Public Law 87-483,
$123,828,000, to remain available until expended: Provided,
That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the
Bureau of Reclamation: Provided further, That not to exceed 6
percent of contract authority available to the Bureau of Indian
Affairs from the Federal Highway Trust Fund may be used to
cover the road program management costs of the Bureau:
Provided further, That any funds provided for the Safety of
Dams program pursuant to 25 U.S.C. 13 shall be made available
on a nonreimbursable basis: Provided further, That for fiscal
year 2012, in implementing new construction or facilities
improvement and repair project grants in excess of $100,000
that are provided to grant schools under Public Law 100-297, as
amended, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in 43 CFR part 12 as the
regulatory requirements: Provided further, That such grants
shall not be subject to section 12.61 of 43 CFR; the Secretary
and the grantee shall negotiate and determine a schedule of
payments for the work to be performed: Provided further, That
in considering grant applications, the Secretary shall consider
whether such grantee would be deficient in assuring that the
construction projects conform to applicable building standards
and codes and Federal, tribal, or State health and safety
standards as required by 25 U.S.C. 2005(b), with respect to
organizational and financial management capabilities: Provided
further, That if the Secretary declines a grant application,
the Secretary shall follow the requirements contained in 25
U.S.C. 2504(f): Provided further, That any disputes between
the Secretary and any grantee concerning a grant shall be
subject to the disputes provision in 25 U.S.C. 2507(e):
Provided further, That in order to ensure timely completion of
construction projects, the Secretary may assume control of a
project and all funds related to the project, if, within 18
months of the date of enactment of this Act, any grantee
receiving funds appropriated in this Act or in any prior Act,
has not completed the planning and design phase of the project
and commenced construction: Provided further, That this
appropriation may be reimbursed from the Office of the Special
Trustee for American Indians appropriation for the appropriate
share of construction costs for space expansion needed in
agency offices to meet trust reform implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements
pursuant to Public Laws 99-264, 100-580, 101-618, 108-447, and
111-11, and for implementation of other land and water rights
settlements, $32,855,000, to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans,
$7,114,000, of which $964,000 is for administrative expenses,
as authorized by the Indian Financing Act of 1974, as amended:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize total loan principal, any part of which
is to be guaranteed or insured, not to exceed $73,365,796.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts, and grants, either directly or in
cooperation with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management,
operation, and maintenance of the Power Division of the San
Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (except the
Revolving Fund for Loans Liquidating Account, Indian Loan
Guaranty and Insurance Fund Liquidating Account, Indian
Guaranteed Loan Financing Account, Indian Direct Loan Financing
Account, and the Indian Guaranteed Loan Program account) shall
be available for expenses of exhibits.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
oversight and Executive Direction and Administrative Services
(except executive direction and administrative services funding
for Tribal Priority Allocations, regional offices, and
facilities operations and maintenance) shall be available for
contracts, grants, compacts, or cooperative agreements with the
Bureau of Indian Affairs under the provisions of the Indian
Self-Determination Act or the Tribal Self-Governance Act of
1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs, this
action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or that
tribe's ability to access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq.,
shall be available to support the operation of any elementary
or secondary school in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the
schools in the Bureau school system as of September 1, 1996. No
funds available to the Bureau shall be used to support expanded
grades for any school or dormitory beyond the grade structure
in place or approved by the Secretary of the Interior at each
school in the Bureau school system as of October 1, 1995,
except that any school or school program that was closed and
removed from the Bureau school system between 1951 and 1972,
and its respective tribe's relationship with the Federal
Government was terminated, shall be reinstated to the Bureau
system and supported at a level based on its grade structure
and average student enrollment for the 2009-2010, 2010-2011 and
2011-2012 school years. Funds made available under this Act may
not be used to establish a charter school at a Bureau-funded
school (as that term is defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021)), except that a
charter school that is in existence on the date of the
enactment of this Act and that has operated at a Bureau-funded
school before September 1, 1999, may continue to operate during
that period, but only if the charter school pays to the Bureau
a pro rata share of funds to reimburse the Bureau for the use
of the real and personal property (including buses and vans),
the funds of the charter school are kept separate and apart
from Bureau funds, and the Bureau does not assume any
obligation for charter school programs of the State in which
the school is located if the charter school loses such funding.
Employees of Bureau-funded schools sharing a campus with a
charter school and performing functions related to the charter
school's operation and employees of a charter school shall not
be treated as Federal employees for purposes of chapter 171 of
title 28, United States Code.
Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106-113, if
in fiscal year 2003 or 2004 a grantee received indirect and
administrative costs pursuant to a distribution formula based
on section 5(f) of Public Law 101-301, the Secretary shall
continue to distribute indirect and administrative cost funds
to such grantee using the section 5(f) distribution formula.
Departmental Offices
Office of the Secretary
departmental operations
For necessary expenses for management of the Department of
the Interior, including the collection and disbursement of
royalties, fees, and other mineral revenue proceeds, as
authorized by law, $262,317,000, to remain available until
September 30, 2013; of which not to exceed $15,000 may be for
official reception and representation expenses; and of which up
to $1,000,000 shall be available for workers compensation
payments and unemployment compensation payments associated with
the orderly closure of the United States Bureau of Mines; and
of which $12,712,000 for the Office of Valuation Services is to
be derived from the Land and Water Conservation Fund and shall
remain available until expended; and of which $38,300,000 shall
remain available until expended for the purpose of mineral
revenue management activities: Provided, That, for fiscal year
2012, up to $400,000 of the payments authorized by the Act of
October 20, 1976, as amended (31 U.S.C. 6901-6907) may be
retained for administrative expenses of the Payments in Lieu of
Taxes Program: Provided further, That no payment shall be made
pursuant to that Act to otherwise eligible units of local
government if the computed amount of the payment is less than
$100: Provided further, That notwithstanding any other
provision of law, $15,000 under this heading shall be available
for refunds of overpayments in connection with certain Indian
leases in which the Secretary concurred with the claimed refund
due, to pay amounts owed to Indian allottees or tribes, or to
correct prior unrecoverable erroneous payments: Provided
further, That, notwithstanding the provisions of section 35(b)
of the Mineral Leasing Act, as amended (30 U.S.C. 191(b)), the
Secretary shall deduct 2 percent from the amount payable to
each State in fiscal year 2012 and deposit the amount deducted
to miscellaneous receipts of the Treasury.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior and other
jurisdictions identified in section 104(e) of Public Law 108-
188, $87,997,000, of which: (1) $78,517,000 shall remain
available until expended for territorial assistance, including
general technical assistance, maintenance assistance, disaster
assistance, insular management controls, coral reef initiative
activities, and brown tree snake control and research; grants
to the judiciary in American Samoa for compensation and
expenses, as authorized by law (48 U.S.C. 1661(c)); grants to
the Government of American Samoa, in addition to current local
revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands as
authorized by law; grants to the Government of Guam, as
authorized by law; and grants to the Government of the Northern
Mariana Islands as authorized by law (Public Law 94-241; 90
Stat. 272); and (2) $9,480,000 shall be available until
September 30, 2013 for salaries and expenses of the Office of
Insular Affairs: Provided, That all financial transactions of
the territorial and local governments herein provided for,
including such transactions of all agencies or
instrumentalities established or used by such governments, may
be audited by the Government Accountability Office, at its
discretion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That Northern Mariana Islands
Covenant grant funding shall be provided according to those
terms of the Agreement of the Special Representatives on Future
United States Financial Assistance for the Northern Mariana
Islands approved by Public Law 104-134: Provided further, That
the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine
operations and maintenance improvement of capital
infrastructure with territorial participation and cost sharing
to be determined by the Secretary based on the grantee's
commitment to timely maintenance of its capital assets:
Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $3,318,000, to remain
available until expended, as provided for in sections 221(a)(2)
and 233 of the Compact of Free Association for the Republic of
Palau; and section 221(a)(2) of the Compacts of Free
Association for the Government of the Republic of the Marshall
Islands and the Federated States of Micronesia, as authorized
by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided under
section 104(e) of Public Law 108-188 and Public Law 104-134,
that are allocated for Guam, to the Secretary of Agriculture
for the subsidy cost of direct or guaranteed loans, plus not to
exceed three percent of the amount of the subsidy transferred
for the cost of loan administration, for the purposes
authorized by the Rural Electrification Act of 1936 and section
306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds
shall remain available until expended: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such loans or loan guarantees may be
made without regard to the population of the area, credit
elsewhere requirements, and restrictions on the types of
eligible entities under the Rural Electrification Act of 1936
and section 306(a)(1) of the Consolidated Farm and Rural
Development Act: Provided further, That any funds transferred
to the Secretary of Agriculture shall be in addition to funds
otherwise made available to make or guarantee loans under such
authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$66,296,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$49,471,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $152,319,000, to remain available until expended, of
which not to exceed $31,171,000 from this or any other Act,
shall be available for historical accounting: Provided, That
funds for trust management improvements and litigation support
may, as needed, be transferred to or merged with the Bureau of
Indian Affairs, ``Operation of Indian Programs'' account; the
Office of the Solicitor, ``Salaries and Expenses'' account; and
the Office of the Secretary, ``Salaries and Expenses'' account:
Provided further, That funds made available through contracts
or grants obligated during fiscal year 2012, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et
seq.), shall remain available until expended by the contractor
or grantee: Provided further, That, notwithstanding any other
provision of law, the statute of limitations shall not commence
to run on any claim, including any claim in litigation pending
on the date of the enactment of this Act, concerning losses to
or mismanagement of trust funds, until the affected tribe or
individual Indian has been furnished with an accounting of such
funds from which the beneficiary can determine whether there
has been a loss: Provided further, That, notwithstanding any
other provision of law, the Secretary shall not be required to
provide a quarterly statement of performance for any Indian
trust account that has not had activity for at least 18 months
and has a balance of $15 or less: Provided further, That the
Secretary shall issue an annual account statement and maintain
a record of any such accounts and shall permit the balance in
each such account to be withdrawn upon the express written
request of the account holder: Provided further, That not to
exceed $50,000 is available for the Secretary to make payments
to correct administrative errors of either disbursements from
or deposits to Individual Indian Money or Tribal accounts after
September 30, 2002: Provided further, That erroneous payments
that are recovered shall be credited to and remain available in
this account for this purpose.
Department-wide Programs
wildland fire management
(including transfers and rescission of funds)
For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency
rehabilitation, hazardous fuels reduction, and rural fire
assistance by the Department of the Interior, $566,495,000, to
remain available until expended, of which not to exceed
$6,137,000 shall be for the renovation or construction of fire
facilities: Provided, That such funds are also available for
repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes:
Provided further, That persons hired pursuant to 43 U.S.C. 1469
may be furnished subsistence and lodging without cost from
funds available from this appropriation: Provided further,
That notwithstanding 42 U.S.C. 1856d, sums received by a bureau
or office of the Department of the Interior for fire protection
rendered pursuant to 42 U.S.C. 1856 et seq., protection of
United States property, may be credited to the appropriation
from which funds were expended to provide that protection, and
are available without fiscal year limitation: Provided
further, That using the amounts designated under this title of
this Act, the Secretary of the Interior may enter into
procurement contracts, grants, or cooperative agreements, for
hazardous fuels reduction activities, and for training and
monitoring associated with such hazardous fuels reduction
activities, on Federal land, or on adjacent non-Federal land
for activities that benefit resources on Federal land:
Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any
non-Federal entity may be shared, as mutually agreed on by the
affected parties: Provided further, That notwithstanding
requirements of the Competition in Contracting Act, the
Secretary, for purposes of hazardous fuels reduction
activities, may obtain maximum practicable competition among:
(1) local private, nonprofit, or cooperative entities; (2)
Youth Conservation Corps crews, Public Lands Corps (Public Law
109-154), or related partnerships with State, local, or
nonprofit youth groups; (3) small or micro-businesses; or (4)
other entities that will hire or train locally a significant
percentage, defined as 50 percent or more, of the project
workforce to complete such contracts: Provided further, That
in implementing this section, the Secretary shall develop
written guidance to field units to ensure accountability and
consistent application of the authorities provided herein:
Provided further, That funds appropriated under this heading
may be used to reimburse the United States Fish and Wildlife
Service and the National Marine Fisheries Service for the costs
of carrying out their responsibilities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act, in connection
with wildland fire management activities: Provided further,
That the Secretary of the Interior may use wildland fire
appropriations to enter into noncompetitive sole-source leases
of real property with local governments, at or below fair
market value, to construct capitalized improvements for fire
facilities on such leased properties, including but not limited
to fire guard stations, retardant stations, and other initial
attack and fire support facilities, and to make advance
payments for any such lease or for construction activity
associated with the lease: Provided further, That the
Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000,
between the Departments when such transfers would facilitate
and expedite wildland fire management programs and projects:
Provided further, That funds provided for wildfire suppression
shall be available for support of Federal emergency response
actions: Provided further, That funds appropriated under this
heading shall be available for assistance to or through the
Department of State in connection with forest and rangeland
research, technical information, and assistance in foreign
countries, and, with the concurrence of the Secretary of State,
shall be available to support forestry, wildland fire
management, and related natural resource activities outside the
United States and its territories and possessions, including
technical assistance, education and training, and cooperation
with United States and international organizations: Provided
further, That before obligating any of the funds provided
herein for wildland fire suppression, the Secretary of the
Interior shall obligate all unobligated balances previously
made available under this heading that, when appropriated, were
designated by Congress as an emergency requirement pursuant to
the Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985 and notify the
Committees on Appropriations of the House of Representatives
and the Senate in writing of the imminent need to begin
obligating funds provided herein for wildland fire suppression:
Provided further, That of the funds made available under this
heading for wildland fire suppression in fiscal year 2011,
$82,000,000 are rescinded.
flame wildfire suppression reserve fund
(including transfer of funds)
For necessary expenses for large fire suppression
operations of the Department of the Interior and as a reserve
fund for suppression and Federal emergency response activities,
$92,000,000, to remain available until expended: Provided,
That such amounts are available only for transfer to the
``Wildland Fire Management'' account and only following a
declaration by the Secretary that either (1) a wildland fire
suppression event meets certain previously established risk-
based written criteria for significant complexity, severity, or
threat posed by the fire or (2) funds in the ``Wildland Fire
Management'' account will be exhausted within 30 days.
central hazardous materials fund
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the response
action, including associated activities, performed pursuant to
the Comprehensive Environmental Response, Compensation, and
Liability Act, as amended (42 U.S.C. 9601 et seq.),
$10,149,000, to remain available until expended.
natural resource damage assessment and restoration
natural resource damage assessment fund
To conduct natural resource damage assessment and
restoration activities by the Department of the Interior
necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), the Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil
Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public Law
101-337, as amended (16 U.S.C. 19jj et seq.), $6,263,000, to
remain available until expended.
working capital fund
For the acquisition of a departmental financial and
business management system, information technology improvements
of general benefit to the Department, strengthening the
Department's acquisition workforce capacity and capabilities,
and consolidation of facilities and operations throughout the
Department, $62,019,000, to remain available until expended:
Provided, That such funds shall be available for training,
recruitment, retention, and hiring members of the acquisition
workforce as defined by the Office of Federal Procurement
Policy Act as amended (41 U.S.C. 401 et seq.): Provided
further, That none of the funds appropriated in this Act or any
other Act may be used to establish reserves in the Working
Capital Fund account other than for accrued annual leave and
depreciation of equipment without prior approval of the House
of Representatives and Senate Committees on Appropriations:
Provided further, That the Secretary may assess reasonable
charges to State, local and tribal government employees for
training services provided by the National Indian Program
Training Center, other than training related to Public Law 93-
638: Provided further, That the Secretary may lease or
otherwise provide space and related facilities, equipment or
professional services of the National Indian Program Training
Center to State, local and tribal government employees or
persons or organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of title
40, United States Code) at the prevailing rate for similar
space, facilities, equipment, or services in the vicinity of
the National Indian Program Training Center: Provided further,
That all funds received pursuant to the two preceding provisos
shall be credited to this account, shall be available until
expended, and shall be used by the Secretary for necessary
expenses of the National Indian Program Training Center.
administrative provision
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the emergency
reconstruction, replacement, or repair of aircraft, buildings,
utilities, or other facilities or equipment damaged or
destroyed by fire, flood, storm, or other unavoidable causes:
Provided, That no funds shall be made available under this
authority until funds specifically made available to the
Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to
this section must be replenished by a supplemental
appropriation which must be requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of the
several agencies, for the suppression or emergency prevention
of wildland fires on or threatening lands under the
jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills or releases
of hazardous substances into the environment; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 417(b) of Public Law 106-224 (7 U.S.C. 7717(b)); for
emergency reclamation projects under section 410 of Public Law
95-87; and shall transfer, from any no year funds available to
the Office of Surface Mining Reclamation and Enforcement, such
funds as may be necessary to permit assumption of regulatory
authority in the event a primacy State is not carrying out the
regulatory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for wildland fire
operations shall be available for the payment of obligations
incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of
vehicles, aircraft, or other equipment in connection with their
use for wildland fire operations, such reimbursement to be
credited to appropriations currently available at the time of
receipt thereof: Provided further, That for wildland fire
operations, no funds shall be made available under this
authority until the Secretary determines that funds
appropriated for ``wildland fire operations'' and ``FLAME
Wildfire Suppression Reserve Fund'' shall be exhausted within
30 days: Provided further, That all funds used pursuant to
this section must be replenished by a supplemental
appropriation which must be requested as promptly as possible:
Provided further, That such replenishment funds shall be used
to reimburse, on a pro rata basis, accounts from which
emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by section 3109 of title 5, United States Code, when
authorized by the Secretary, in total amount not to exceed
$500,000; purchase and replacement of motor vehicles, including
specially equipped law enforcement vehicles; hire, maintenance,
and operation of aircraft; hire of passenger motor vehicles;
purchase of reprints; payment for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in
societies or associations which issue publications to members
only or at a price to members lower than to subscribers who are
not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of the Special
Trustee for American Indians and any unobligated balances from
prior appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust
management and reform activities. Total funding for historical
accounting activities shall not exceed amounts specifically
designated in this Act for such purpose.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base funds,
to alleviate tribal funding inequities by transferring funds to
address identified, unmet needs, dual enrollment, overlapping
service areas or inaccurate distribution methodologies. No
tribe shall receive a reduction in Tribal Priority Allocation
funds of more than 10 percent in fiscal year 2012. Under
circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent
limitation does not apply.
payment of fees
Sec. 106. The Secretary of the Interior may use
discretionary funds to pay private attorney fees and costs for
employees and former employees of the Department of the
Interior reasonably incurred in connection with Cobell v.
Salazar to the extent that such fees and costs are not paid by
the Department of Justice or by private insurance. In no case
shall the Secretary make payments under this section that would
result in payment of hourly fees in excess of the highest
hourly rate approved by the District Court for the District of
Columbia for counsel in Cobell v. Salazar.
everglades ecosystem restoration
Sec. 107. This and any subsequent fiscal year, the
National Park Service is authorized to implement modifications
to the Tamiami Trail as described in, and in accordance with,
the preferred alternative identified in the final environmental
impact statement noticed in the Federal Register on December
14, 2010, (75 Fed. Reg. 77896), relating to restoration efforts
of the Everglades ecosystem.
ellis, governors, and liberty islands
Sec. 108. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein including the use of all or part
of any pier, dock, or landing within the State of New York and
the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities, by
donation or with appropriated funds, including franchise fees
(and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases,
subleases, concession contracts or other agreements for the use
of such facilities on such terms and conditions as the
Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 109. (a) In fiscal year 2012, the Secretary shall
collect a nonrefundable inspection fee, which shall be
deposited in the ``Ocean Energy Management'' account, from the
designated operator for facilities subject to inspection under
43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are
above the waterline, excluding drilling rigs, and are in place
at the start of the fiscal year. Fees for fiscal year 2012
shall be:
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with
any combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells,
with any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all
inspections completed in fiscal year 2012. Fees for fiscal year
2012 shall be:
(1) $30,500 per inspection for rigs operating in
water depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in
water depths of less than 500 feet.
(d) The Secretary shall bill designated operators under
subsection (b) within 60 days, with payment required within 30
days of billing. The Secretary shall bill designated operators
under subsection (c) within 30 days of the end of the month in
which the inspection occurred, with payment required within 30
days of billing.
oil and gas leasing internet program
Sec. 110. Notwithstanding section 17(b)(1)(A) of the
Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)), the Secretary of
the Interior shall have the authority to establish an oil and
gas leasing Internet program, under which the Secretary may
conduct lease sales through methods other than oral bidding.
indian probate judges
Sec. 111. Section 108 of Public Law 109-54 (the Department
of the Interior, Environment, and Related Agencies
Appropriations Act, 2006) is amended by striking ``in fiscal
years 2006 through 2010, for the purpose of reducing the
backlog of'' and inserting ``for fiscal year 2006 and each
fiscal year thereafter, for the purpose of adjudicating''.
bureau of ocean energy management, regulation and enforcement
reorganization
Sec. 112. The Secretary of the Interior, in order to
implement a reorganization of the Bureau of Ocean Energy
Management, Regulation and Enforcement, may establish accounts
and transfer funds among and between the offices and bureaus
affected by the reorganization only in conformance with the
reprogramming guidelines described in the report accompanying
this Act.
authorized use of indian education funds
Sec. 113. Beginning July 1, 2008, any funds (including
investments and interest earned, except for construction funds)
held by a Public Law 100-297 grant or a Public Law 93-638
contract school shall, upon retrocession to or re-assumption by
the Bureau of Indian Education, remain available to the Bureau
of Indian Education for a period of 5 years from the date of
retrocession or re-assumption for the benefit of the programs
approved for the school on October 1, 1995.
contracts and agreements for wild horse and burro holding facilities
Sec. 114. (a) Notwithstanding any other provision of this
Act, the Secretary of the Interior may enter into multiyear
cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts in
accordance with the provisions of section 304B of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
254c) (except that the 5-year term restriction in subsection
(d) shall not apply), for the long-term care and maintenance of
excess wild free roaming horses and burros by such
organizations or entities on private land. Such cooperative
agreements and contracts may not exceed 10 years, subject to
renewal at the discretion of the Secretary.
(b) During fiscal year 2012 and subsequent fiscal years, in
carrying out work involving cooperation with any State or
political subdivision thereof, the Bureau of Land Management
may record obligations against accounts receivable from any
such entities.
bureau of indian education operated schools
Sec. 115. (a)(1) Notwithstanding any other provision of law
or Federal regulation, including section 586(c) of title 40,
United States Code, the Director of the BIE, or the Director's
designee, is authorized to enter into agreements with public
and private persons and entities that provide for such persons
and entities to rent or lease the land or facilities of a
Bureau-operated school for such periods of time as the school
is Bureau operated, in exchange for a consideration (in the
form of funds) that benefits the school, as determined by the
head of the school.
(2) Funds received under paragraph (1) shall be retained by
the school and used for school purposes otherwise authorized by
law. Any funds received under paragraph (1) are hereby made
available until expended for such purposes, notwithstanding
section 3302 of title 31, United States Code.
(3) Nothing in this section shall be construed to allow for
the diminishment of, or otherwise affect, the appropriation of
funds to the budget accounts for the operation and maintenance
of Bureau-operated schools. No funds shall be withheld from the
distribution to the budget of any Bureau-operated school due to
the receipt by the school of a benefit in accordance with this
section.
(b) Notwithstanding any provision of title 5, United States
Code, or any regulation promulgated under such title, education
personnel who are under the direction and supervision of the
Secretary of the Interior may participate in a fundraising
activity for the benefit of a Bureau-operated school in an
official capacity as part of their official duties. When
participating in such an official capacity, the employee may
use the employee's official title, position, and authority.
Nothing in this subsection shall be construed to authorize
participation in political activity (as such term is used in
section 7324 of title 5, United States Code) otherwise
prohibited by law.
(c) The Secretary of the Interior shall promulgate
regulations to carry out this section not later than 16 months
after the date of the enactment of this Act. Such regulations
shall include--
(1) standards for the appropriate use of Bureau-
operated school lands and facilities by third parties
under a rental or lease agreement;
(2) provisions for the establishment and
administration of mechanisms for the acceptance of
consideration for the use and benefit of a school in
accordance with this section (including, in appropriate
cases, the establishment and administration of trust
funds);
(3) accountability standards to ensure ethical
conduct; and
(4) provisions for monitoring the amount and terms
of consideration received, the manner in which the
consideration is used, and any results achieved by such
use.
(d) Provisions of this section shall apply to fiscal years
2012 through 2014.
authorized use of funds
Sec. 116. Section 3006 of Public Law 111-212 is amended by
striking ``For fiscal years 2010 and 2011'' and inserting ``For
fiscal years 2010 through 2012''.
mass marking of salmonids
Sec. 117. The United States Fish and Wildlife Service
shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a system
of mass marking of salmonid stocks, intended for harvest, that
are released from federally operated or federally financed
hatcheries including but not limited to fish releases of coho,
chinook, and steelhead species. Marked fish must have a visible
mark that can be readily identified by commercial and
recreational fishers.
prohibition on use of funds
Sec. 118. (a) Any proposed new use of the Arizona &
California Railroad Company's Right of Way for conveyance of
water shall not proceed unless the Secretary of the Interior
certifies that the proposed new use is within the scope of the
Right of Way.
(b) No funds appropriated or otherwise made available to
the Department of the Interior may be used, in relation to any
proposal to store water underground for the purpose of export,
for approval of any right-of-way or similar authorization on
the Mojave National Preserve or lands managed by the Needles
Field Office of the Bureau of Land Management, or for carrying
out any activities associated with such right-of-way or similar
approval.
yukon-charley national preserve
Sec. 119. None of the funds made available by this Act may
be used by the Secretary of the Interior to implement or
enforce regulations concerning boating within Yukon-Charley
National Preserve, including waters subject to the jurisdiction
of the United States, pursuant to section 3(h) of Public Law
91-383 (16 U.S.C. 1a-2(h)) or any other authority. This section
does not affect the authority of the Coast Guard to regulate
the use of waters subject to the jurisdiction of the United
States within the Yukon-Charley National Preserve.
republic of palau
Sec. 120. (a) In General.--Subject to subsection (c), the
United States Government, through the Secretary of the Interior
shall provide to the Government of Palau for fiscal year 2012
grants in amounts equal to the annual amounts specified in
subsections (a), (c), and (d) of section 211 of the Compact of
Free Association between the Government of the United States of
America and the Government of Palau (48 U.S.C. 1931 note)
(referred to in this section as the ``Compact'').
(b) Programmatic Assistance.--Subject to subsection (c),
the United States shall provide programmatic assistance to the
Republic of Palau for fiscal year 2012 in amounts equal to the
amounts provided in subsections (a) and (b)(1) of section 221
of the Compact.
(c) Limitations on Assistance.--
(1) In general.--The grants and programmatic
assistance provided under subsections (a) and (b) shall
be provided to the same extent and in the same manner
as the grants and assistance were provided in fiscal
year 2009.
(2) Trust fund.--If the Government of Palau
withdraws more than $5,000,000 from the trust fund
established under section 211(f) of the Compact,
amounts to be provided under subsections (a) and (b)
shall be withheld from the Government of Palau.
hiring authorities
Sec. 121. (a) Direct Hire Authority.--
(1) During fiscal year 2012 and thereafter, the
Secretary of the Interior may appoint, without regard
to the provisions of subchapter I of chapter 33 of
title 5, United States Code, other than sections 3303
and 3328 of such title, a qualified candidate described
in paragraph (1) directly to a position with a land
managing agency of the Department of the Interior for
which the candidate meets Office of Personnel
Management qualification standards.
(2) Paragraph (1) applies with respect to a former
resource assistant (as defined in section 203 of the
Public Land Corps Act (16 U.S.C. 1722)) who--
(A) completed a rigorous undergraduate or
graduate summer internship with a land managing
agency, such as the National Park Service
Business Plan Internship;
(B) successfully fulfilled the requirements
of the internship program; and
(C) subsequently earned an undergraduate or
graduate degree from an accredited institution
of higher education.
(3) The direct hire authority under this subsection
may not be exercised with respect to a specific
qualified candidate after the end of the two-year
period beginning on the date on which the candidate
completed the undergraduate or graduate degree, as the
case may be.
(b) Local Hire Authority.--Section 1308 of the Alaska
National Interest Lands Conservation Act of 1980 (16 U.S.C.
3198) is amended--
(1) in subsection (a), by striking ``establish a
program'' and inserting ``establish an excepted service
appointment authority,'';
(2) in subsection (b), by striking ``competitive
service as defined in section 2102 of such title for
which such person is eligible under subchapter I of
chapter 33 of such title, in selection to such
position'' and inserting ``excepted service as defined
in section 2103 of such title'';
(3) in subsection (e), by redesignating paragraph
(2) as paragraph (3) and inserting after paragraph (1)
the following new paragraph (2):
``(2) Conversion to competitive service.--Employees
who satisfactorily complete two years of continuous
service in a permanent appointment made under
subsection (a) and who meet satisfactory performance
and competitive service qualification requirements
shall have their appointment converted to competitive
service career-conditional or career employment as
appropriate. This paragraph applies to individuals
appointed on or after March 30, 2009. An employee who
does not meet competitive service qualification
requirements after two years of continuous service in
an appointment made under subsection (a) shall be
converted upon meeting such qualification requirements.
Temporary and time-limited appointments will be made in
the excepted service. There is no provision for
conversion to competitive service when appointments are
time-limited.''.
(c) Gulf of Mexico Region.--For fiscal years 2012 and 2013,
funds made available in this title for the Bureau of Ocean
Energy Management and the Bureau of Safety and Environmental
Enforcement may be used by the Secretary of the Interior to
establish higher minimum rates of basic pay for employees of
the Department of the Interior in the Gulf of Mexico Region in
the Geophysicist (GS-1313), Geologist (GS-1350), and Petroleum
Engineer (GS-0881) job series at grades 5 through 15 at rates
no greater than 25 percent above the minimum rates of basic pay
normally scheduled, and such higher rates shall be consistent
with the subsections (e) through (h) of section 5305 of title
5, United States Code.
bureau of land management actions regarding grazing on public lands
Sec. 122. (a) Exhaustion of Administrative Review
Required.--
(1) For fiscal years 2012 and 2013 only, a person
may bring a civil action challenging a decision of the
Bureau of Land Management concerning grazing on public
lands (as defined in section 103(e) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702(e)))
in a Federal district court only if the person has
exhausted the administrative hearings and appeals
procedures established by the Department of the
Interior, including having filed a timely appeal and a
request for stay.
(2) An issue may be considered in the judicial
review of a decision referred to in paragraph (1) only
if the issue was raised in the administrative review
process described in such paragraph.
(3) An exception to the requirement of exhausting
the administrative review process before seeking
judicial review shall be available if a Federal court
finds that the agency failed or was unable to make
information timely available during the administrative
review process for issues of material fact. For the
purposes of this paragraph, the term ``timely'' means
within 120 calendar days after the date that the
challenge to the agency action or amendment at issue is
received for administrative review.
(b) Acceptance of Donation of Certain Existing Permits or
Leases.--
(1) During fiscal year 2012 and thereafter, the
Secretary of the Interior shall accept the donation of
any valid existing permits or leases authorizing
grazing on public lands within the California Desert
Conservation Area. With respect to each permit or lease
donated under this paragraph, the Secretary shall
terminate the grazing permit or lease, ensure a
permanent end (except as provided in paragraph (2)), to
grazing on the land covered by the permit or lease, and
make the land available for mitigation by allocating
the forage to wildlife use consistent with any
applicable Habitat Conservation Plan, section
10(a)(1)(B) permit, or section 7 consultation under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(2) If the land covered by a permit or lease
donated under paragraph (1) is also covered by another
valid existing permit or lease that is not donated
under such paragraph, the Secretary of the Interior
shall reduce the authorized grazing level on the land
covered by the permit or lease to reflect the donation
of the permit or lease under paragraph (1). To ensure
that there is a permanent reduction in the level of
grazing on the land covered by a permit or lease
donated under paragraph (1), the Secretary shall not
allow grazing use to exceed the authorized level under
the remaining valid existing permit or lease that is
not donated.
trailing livestock over public land
Sec. 123. During fiscal years 2012 through 2013 only, the
Bureau of Land Management may, at its sole discretion, review
planning and implementation decisions regarding the trailing of
livestock across public lands, including, but not limited to,
issuance of crossing or trailing authorizations or permits,
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.). Temporary trailing or crossing authorizations
across public lands shall not be subject to protest and/or
appeal under subpart E of part 4 of title 43, Code of Federal
Regulations, and subpart 4160 of part 4100 of such title.
lease authorization
Sec. 124. (a) In General.--The Secretary of the Interior
(referred to in this section as the ``Secretary'') may lease to
the Savannah Bar Pilots Association, or a successor
organization, no more than 30,000 square feet of land and
improvements within Fort Pulaski National Monument (referred to
in this section as the ``Monument'') at the location on
Cockspur Island that has been used continuously by the Savannah
Bar Pilots Association since 1940.
(b) Rental Fee and Proceeds.--
(1) Rental fee.--For the lease authorized by this
Act, the Secretary shall require a rental fee based on
fair market value adjusted, as the Secretary deems
appropriate, for amounts to be expended by the lessee
for property preservation, maintenance, or repair and
related expenses.
(2) Proceeds.--Disposition of the proceeds from the
rental fee required pursuant to paragraph (1) shall be
made in accordance with section 3(k)(5) of Public Law
91-383 (16 U.S.C. 1a-2(k)(5)).
(c) Terms and Conditions.--A lease entered into under this
section--
(1) shall be for a term of no more than 10 years
and, at the Secretary's discretion, for successive
terms of no more than 10 years at a time; and
(2) shall include any terms and conditions the
Secretary determines to be necessary to protect the
resources of the Monument and the public interest.
(d) Exemption From Applicable Law.--Except as provided in
section 2(b)(2) of this Act, the lease authorized by this Act
shall not be subject to section 3(k) of Public Law 91-383 (16
U.S.C. 1a-2(k)) or section 321 of Act of June 30, 1932 (40
U.S.C. 1302).
wild lands funding prohibition
Sec. 125. None of the funds made available in this Act or
any other Act may be used to implement, administer, or enforce
Secretarial Order No. 3310 issued by the Secretary of the
Interior on December 22, 2010: Provided, That nothing in this
section shall restrict the Secretary's authorities under
sections 201 and 202 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1711 and 1712).
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended;
necessary expenses for personnel and related costs and travel
expenses; procurement of laboratory equipment and supplies; and
other operating expenses in support of research and
development, $795,000,000, to remain available until September
30, 2013.
Environmental Programs and Management
For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses; hire of passenger motor
vehicles; hire, maintenance, and operation of aircraft;
purchase of reprints; library memberships in societies or
associations which issue publications to members only or at a
price to members lower than to subscribers who are not members;
administrative costs of the brownfields program under the Small
Business Liability Relief and Brownfields Revitalization Act of
2002; and not to exceed $19,000 for official reception and
representation expenses, $2,682,514,000, to remain available
until September 30, 2013: Provided, That of the funds included
under this heading, not less than $410,375,000 shall be for
Geographic Programs specified in the explanatory statement
accompanying this Act.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $42,000,000, to remain available until
September 30, 2013.
Buildings and Facilities
For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$36,428,000, to remain available until expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended, including sections 111(c)(3), (c)(5),
(c)(6), and (e)(4) (42 U.S.C. 9611) $1,215,753,000, to remain
available until expended, consisting of such sums as are
available in the Trust Fund on September 30, 2011, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,215,753,000 as
a payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of SARA,
as amended: Provided, That funds appropriated under this
heading may be allocated to other Federal agencies in
accordance with section 111(a) of CERCLA: Provided further,
That of the funds appropriated under this heading, $9,955,000
shall be paid to the ``Office of Inspector General''
appropriation to remain available until September 30, 2013, and
$23,016,000 shall be paid to the ``Science and Technology''
appropriation to remain available until September 30, 2013.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by subtitle I of the
Solid Waste Disposal Act, as amended, $104,309,000, to remain
available until expended, of which $73,809,000 shall be for
carrying out leaking underground storage tank cleanup
activities authorized by section 9003(h) of the Solid Waste
Disposal Act, as amended; $30,500,000 shall be for carrying out
the other provisions of the Solid Waste Disposal Act specified
in section 9508(c) of the Internal Revenue Code, as amended:
Provided, That the Administrator is authorized to use
appropriations made available under this heading to implement
section 9013 of the Solid Waste Disposal Act to provide
financial assistance to federally recognized Indian tribes for
the development and implementation of programs to manage
underground storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, $18,274,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,618,727,000, to remain
available until expended, of which $1,468,806,000 shall be for
making capitalization grants for the Clean Water State
Revolving Funds under title VI of the Federal Water Pollution
Control Act, as amended (the ``Act''); of which $919,363,000
shall be for making capitalization grants for the Drinking
Water State Revolving Funds under section 1452 of the Safe
Drinking Water Act, as amended: Provided, That for fiscal year
2012, to the extent there are sufficient eligible project
applications, not less than 10 percent of the funds made
available under this title to each State for Clean Water State
Revolving Fund capitalization grants shall be used by the State
for projects to address green infrastructure, water or energy
efficiency improvements, or other environmentally innovative
activities: Provided further, That for fiscal year 2012, funds
made available under this title to each State for Drinking
Water State Revolving Fund capitalization grants may, at the
discretion of each State, be used for projects to address green
infrastructure, water or energy efficiency improvements, or
other environmentally innovative activities; $5,000,000 shall
be for architectural, engineering, planning, design,
construction and related activities in connection with the
construction of high priority water and wastewater facilities
in the area of the United States-Mexico Border, after
consultation with the appropriate border commission;
$10,000,000 shall be for grants to the State of Alaska to
address drinking water and wastewater infrastructure needs of
rural and Alaska Native Villages: Provided further, That, of
these funds: (1) the State of Alaska shall provide a match of
25 percent; (2) no more than 5 percent of the funds may be used
for administrative and overhead expenses; and (3) the State of
Alaska shall make awards consistent with the State-wide
priority list established in conjunction with the Agency and
the U.S. Department of Agriculture for all water, sewer, waste
disposal, and similar projects carried out by the State of
Alaska that are funded under section 221 of the Federal Water
Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm
and Rural Development Act (7 U.S.C. 1921 et seq.) which shall
allocate not less than 25 percent of the funds provided for
projects in regional hub communities; $95,000,000 shall be to
carry out section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as
amended, including grants, interagency agreements, and
associated program support costs; $30,000,000 shall be for
grants under title VII, subtitle G of the Energy Policy Act of
2005, as amended; and $1,090,558,000 shall be for grants,
including associated program support costs, to States,
federally recognized tribes, interstate agencies, tribal
consortia, and air pollution control agencies for multi-media
or single media pollution prevention, control and abatement and
related activities, including activities pursuant to the
provisions set forth under this heading in Public Law 104-134,
and for making grants under section 103 of the Clean Air Act
for particulate matter monitoring and data collection
activities subject to terms and conditions specified by the
Administrator, of which $49,396,000 shall be for carrying out
section 128 of CERCLA, as amended, $9,980,000 shall be for
Environmental Information Exchange Network grants, including
associated program support costs, $18,463,000 of the funds
available for grants under section 106 of the Act shall be for
State participation in national- and State-level statistical
surveys of water resources and enhancements to State monitoring
programs, and, in addition to funds appropriated under the
heading ``Leaking Underground Storage Tank Trust Fund Program''
to carry out the provisions of the Solid Waste Disposal Act
specified in section 9508(c) of the Internal Revenue Code other
than section 9003(h) of the Solid Waste Disposal Act, as
amended, $1,550,000 shall be for grants to States under section
2007(f)(2) of the Solid Waste Disposal Act, as amended:
Provided further, That notwithstanding section 603(d)(7) of the
Federal Water Pollution Control Act, the limitation on the
amounts in a State water pollution control revolving fund that
may be used by a State to administer the fund shall not apply
to amounts included as principal in loans made by such fund in
fiscal year 2012 and prior years where such amounts represent
costs of administering the fund to the extent that such amounts
are or were deemed reasonable by the Administrator, accounted
for separately from other assets in the fund, and used for
eligible purposes of the fund, including administration:
Provided further, That for fiscal year 2012, and
notwithstanding section 518(f) of the Act, the Administrator is
authorized to use the amounts appropriated for any fiscal year
under section 319 of that Act to make grants to federally
recognized Indian tribes pursuant to sections 319(h) and 518(e)
of that Act: Provided further, That for fiscal year 2012,
notwithstanding the limitation on amounts in section 518(c) of
the Federal Water Pollution Control Act and section 1452(i) of
the Safe Drinking Water Act, up to a total of 2 percent of the
funds appropriated for State Revolving Funds under such Acts
may be reserved by the Administrator for grants under section
518(c) and section 1452(i) of such Acts: Provided further,
That for fiscal year 2012, notwithstanding the amounts
specified in section 205(c) of the Federal Water Pollution
Control Act, up to 1.5 percent of the aggregate funds
appropriated for the Clean Water State Revolving Fund program
under the Act less any sums reserved under section 518(c) of
the Act, may be reserved by the Administrator for grants made
under title II of the Clean Water Act for American Samoa, Guam,
the Commonwealth of the Northern Marianas, and United States
Virgin Islands: Provided further, That for fiscal year 2012,
notwithstanding the limitations on amounts specified in section
1452(j) of the Safe Drinking Water Act, up to 1.5 percent of
the funds appropriated for the Drinking Water State Revolving
Fund programs under the Safe Drinking Water Act may be reserved
by the Administrator for grants made under section 1452(j) of
the Safe Drinking Water Act: Provided further, That not less
than 20 percent but not more than 30 percent of the funds made
available under this title to each State for Clean Water State
Revolving Fund capitalization grants and not less than 20
percent but not more than 30 percent of the funds made
available under this title to each State for Drinking Water
State Revolving Fund capitalization grants shall be used by the
State to provide additional subsidy to eligible recipients in
the form of forgiveness of principal, negative interest loans,
or grants (or any combination of these), and shall be so used
by the State only where such funds are provided as initial
financing for an eligible recipient or to buy, refinance, or
restructure the debt obligations of eligible recipients only
where such debt was incurred on or after the date of enactment
of this Act, except that for the Clean Water State Revolving
Fund capitalization grant appropriation this section shall only
apply to the portion that exceeds $1,000,000,000: Provided
further, That no funds provided by this appropriations Act to
address the water, wastewater and other critical infrastructure
needs of the colonias in the United States along the United
States-Mexico border shall be made available to a county or
municipal government unless that government has established an
enforceable local ordinance, or other zoning rule, which
prevents in that jurisdiction the development or construction
of any additional colonia areas, or the development within an
existing colonia the construction of any new home, business, or
other structure which lacks water, wastewater, or other
necessary infrastructure: Provided further, That for fiscal
year 2012 and hereafter, the Administrator may transfer funds
provided for tribal set-asides through funds appropriated for
the Clean Water State Revolving Funds and for the Drinking
Water State Revolving Funds between those accounts in such
manner as the Administrator deems appropriate, but not to
exceed the transfer limits given to States under section 302(a)
of Public Law 104-182.
Administrative Provisions--Environmental Protection Agency
(including transfer and rescission of funds)
For fiscal year 2012, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or authorized
by law in the absence of an acceptable tribal program, may
award cooperative agreements to federally recognized Indian
tribes or Intertribal consortia, if authorized by their member
tribes, to assist the Administrator in implementing Federal
environmental programs for Indian tribes required or authorized
by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended by
Public Law 110-94, the Pesticide Registration Improvement
Renewal Act.
The Administrator is authorized to transfer up to
$300,000,000 of the funds appropriated for the Great Lakes
Restoration Initiative under the heading ``Environmental
Programs and Management'' to the head of any Federal department
or agency, with the concurrence of such head, to carry out
activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs,
projects, or activities; to enter into an interagency agreement
with the head of such Federal department or agency to carry out
these activities; and to make grants to governmental entities,
nonprofit organizations, institutions, and individuals for
planning, research, monitoring, outreach, and implementation in
furtherance of the Great Lakes Restoration Initiative and the
Great Lakes Water Quality Agreement.
From unobligated balances available to the Administrator of
the Environmental Protection Agency, $50,000,000 are
permanently rescinded: Provided, That of these funds,
$5,000,000 shall be rescinded from unobligated balances within
the ``Hazardous Substance Superfund'' account; $5,000,000 shall
be rescinded from unobligated Brownfields balances within the
``State and Tribal Assistance Grants'' account; $5,000,000
shall be rescinded from unobligated Mexico Border balances
within the ``State and Tribal Assistance Grants'' account;
$5,000,000 shall be rescinded from unobligated Diesel Emissions
Reduction Act balances within the ``State and Tribal Assistance
Grants'' account; $20,000,000 shall be rescinded from
unobligated categorical grant balances within the ``State and
Tribal Assistance Grants'' account; and $10,000,000 shall be
rescinded from unobligated Clean Water State Revolving Funds
balances within the ``State and Tribal Assistance Grants''
account: Provided further, That no amounts may be rescinded
from amounts that were designated by the Congress as an
emergency requirement pursuant to the Concurrent Resolution on
the Budget or the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
For fiscal year 2012 and each fiscal year thereafter, the
requirements of section 513 of the Federal Water Pollution
Control Act (33 U.S.C. 1372) shall apply to the construction of
treatment works carried out in whole or in part with assistance
made available by a State water pollution control revolving
fund as authorized by title VI of that Act (33 U.S.C. 1381 et
seq.), or with assistance made available under section 205(m)
of that Act (33 U.S.C. 1285(m)), or both.
For fiscal year 2012 and each fiscal year thereafter, the
requirements of section 1450(e) of the Safe Drinking Water Act
(42 U.S.C. 300j-9(e)) shall apply to any construction project
carried out in whole or in part with assistance made available
by a drinking water treatment revolving loan fund as authorized
by section 1452 of that Act (42 U.S.C. 300j-12).
Notwithstanding section 104 of the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9604), the Administrator may authorize the expenditure
or transfer of up to $10,000,000 from any appropriation in this
title, in addition to the amounts included in the ``Inland Oil
Spill Programs'' account, for removal activities related to
actual oil spills 5 days after notifying the House and Senate
Committees on Appropriations of the intention to expend or
transfer such funds: Provided, That no funds shall be expended
or transferred under this authority until the Administrator
determines that amounts made available for expenditure in the
``Inland Oil Spill Programs'' account will be exhausted within
30 days: Provided further, That such funds shall be
replenished to the appropriation that was the source of the
expenditure or transfer, following EPA's receipt of
reimbursement from the Oil Spill Liability Trust Fund pursuant
to the Oil Pollution Act of 1990.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $295,773,000, to remain available until
expended: Provided, That of the funds provided, $64,372,000 is
for the forest inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
including treatments of pests, pathogens, and invasive or
noxious plants and for restoring and rehabilitating forests
damaged by pests or invasive plants, cooperative forestry, and
education and land conservation activities and conducting an
international program as authorized, $253,331,000, to remain
available until expended, as authorized by law; of which
$53,388,000 is to be derived from the Land and Water
Conservation Fund.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, $1,556,628,000, to
remain available until expended: Provided, That of the funds
provided, $336,049,000 shall be for forest products: Provided
further, That of the funds provided, $40,000,000 shall be
deposited in the Collaborative Forest Landscape Restoration
Fund for ecological restoration treatments as authorized by 16
U.S.C. 7303(f): Provided further, That of the funds provided,
up to $68,000,000 is for the Integrated Resource Restoration
pilot program for Region 1, Region 3 and Region 4: Provided
further, That of the funds provided for forest products, up to
$44,585,000 may be transferred to support the Integrated
Resource Restoration pilot program in the preceding proviso.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $394,721,000, to remain available until expended,
for construction, capital improvement, maintenance and
acquisition of buildings and other facilities and
infrastructure; and for construction, reconstruction,
decommissioning (including decommissioning unauthorized roads
not part of the transportation system), and maintenance of
forest roads and trails by the Forest Service as authorized by
16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That
$45,000,000 shall be designated for urgently needed road
decommissioning, road and trail repair and maintenance and
associated activities, and removal of fish passage barriers,
especially in areas where Forest Service roads may be
contributing to water quality problems in streams and water
bodies which support threatened, endangered, or sensitive
species or community water sources: Provided further, That
funds becoming available in fiscal year 2012 under the Act of
March 4, 1913 (16 U.S.C. 501) shall be transferred to the
General Fund of the Treasury and shall not be available for
transfer or obligation for any other purpose unless the funds
are appropriated: Provided further, That of the funds provided
for decommissioning of roads, up to $13,000,000 may be
transferred to the ``National Forest System'' to support the
Integrated Resource Restoration pilot program.
land acquisition
For expenses necessary to carry out the provisions of the
Land and Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l-4 through 11), including administrative expenses,
and for acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the Forest
Service, $52,605,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California, as authorized by law, $955,000, to be derived from
forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities,
and for authorized expenditures from funds deposited by non-
Federal parties pursuant to Land Sale and Exchange Acts,
pursuant to the Act of December 4, 1967, as amended (16 U.S.C.
484a), to remain available until expended (16 U.S.C. 460l-516-
617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and
Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant to
section 401(b)(1) of Public Law 94-579, as amended, to remain
available until expended, of which not to exceed 6 percent
shall be available for administrative expenses associated with
on-the-ground range rehabilitation, protection, and
improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to
remain available until expended, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act (Public
Law 96-487), $2,577,000, to remain available until expended.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency fire
suppression on or adjacent to such lands or other lands under
fire protection agreement, hazardous fuels reduction on or
adjacent to such lands, and for emergency rehabilitation of
burned-over National Forest System lands and water,
$1,737,631,000, to remain available until expended: Provided,
That such funds including unobligated balances under this
heading, are available for repayment of advances from other
appropriations accounts previously transferred for such
purposes: Provided further, That such funds shall be available
to reimburse State and other cooperating entities for services
provided in response to wildfire and other emergencies or
disasters to the extent such reimbursements by the Forest
Service for non-fire emergencies are fully repaid by the
responsible emergency management agency: Provided further,
That, notwithstanding any other provision of law, $7,262,000 of
funds appropriated under this appropriation shall be available
for the Forest Service in support of fire science research
authorized by the Joint Fire Science Program, including all
Forest Service authorities for the use of funds, such as
contracts, grants, research joint venture agreements, and
cooperative agreements: Provided further, That all authorities
for the use of funds, including the use of contracts, grants,
and cooperative agreements, available to execute the Forest and
Rangeland Research appropriation, are also available in the
utilization of these funds for Fire Science Research: Provided
further, That funds provided shall be available for emergency
rehabilitation and restoration, hazardous fuels reduction
activities in the urban-wildland interface, support to Federal
emergency response, and wildfire suppression activities of the
Forest Service: Provided further, That of the funds provided,
$317,584,000 is for hazardous fuels reduction activities,
$21,734,000 is for research activities and to make competitive
research grants pursuant to the Forest and Rangeland Renewable
Resources Research Act, as amended (16 U.S.C. 1641 et seq.),
$55,564,000 is for State fire assistance, $6,366,000 is for
volunteer fire assistance, $15,983,000 is for forest health
activities on Federal lands and $8,366,000 is for forest health
activities on State and private lands: Provided further, That
amounts in this paragraph may be transferred to the ``State and
Private Forestry'', ``National Forest System'', and ``Forest
and Rangeland Research'' accounts to fund State fire
assistance, volunteer fire assistance, forest health
management, forest and rangeland research, the Joint Fire
Science Program, vegetation and watershed management, heritage
site rehabilitation, and wildlife and fish habitat management
and restoration: Provided further, That the costs of
implementing any cooperative agreement between the Federal
Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That up to $15,000,000 of the funds provided herein may be used
by the Secretary of Agriculture to enter into procurement
contracts or cooperative agreements or to issue grants for
hazardous fuels reduction and for training or monitoring
associated with such hazardous fuels reduction activities on
Federal land or on non-Federal land if the Secretary determines
such activities implement a community wildfire protection plan
(or equivalent) and benefit resources on Federal land:
Provided further, That funds made available to implement the
Community Forest Restoration Act, Public Law 106-393, title VI,
shall be available for use on non-Federal lands in accordance
with authorities made available to the Forest Service under the
``State and Private Forestry'' appropriation: Provided
further, That the Secretary of the Interior and the Secretary
of Agriculture may authorize the transfer of funds appropriated
for wildland fire management, in an aggregate amount not to
exceed $50,000,000, between the Departments when such transfers
would facilitate and expedite wildland fire management programs
and projects: Provided further, That of the funds provided for
hazardous fuels reduction, not to exceed $5,000,000 may be used
to make grants, using any authorities available to the Forest
Service under the ``State and Private Forestry'' appropriation,
for the purpose of creating incentives for increased use of
biomass from National Forest System lands: Provided further,
That no amounts may be cancelled from amounts that were
designated by the Congress as an emergency requirement pursuant
to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That before obligating any of the funds
provided herein for wildland fire suppression, the Secretary of
Agriculture shall obligate all unobligated balances previously
made available under this heading (including the unobligated
balances transferred to Forest Service accounts under this
heading by division B of the Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009 (Public Law
110-329, 122 Stat. 3594)) that, when appropriated, were
designated by Congress as an emergency requirement pursuant to
the Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985 and notify the
Committees on Appropriations of the House of Representatives
and the Senate in writing of the imminent need to begin
obligating funds provided herein for wildland fire suppression:
Provided further, That funds designated for wildfire
suppression, including funds transferred from the ``FLAME
Wildfire Suppression Reserve Fund'', shall be assessed for cost
pools on the same basis as such assessments are calculated
against other agency programs: Provided further, That of the
funds for hazardous fuels reduction, up to $21,000,000 may be
transferred to the ``National Forest System'' to support the
Integrated Resource Restoration pilot program.
Flame Wildfire Suppression Reserve Fund
(including transfers of funds)
For necessary expenses for large fire suppression
operations of the Department of Agriculture and as a reserve
fund for suppression and Federal emergency response activities,
$315,886,000, to remain available until expended: Provided,
That such amounts are available only for transfer to the
``Wildland Fire Management'' account and only following a
declaration by the Secretary that either (1) a wildland fire
suppression event meets certain previously established risk-
based written criteria for significant complexity, severity, or
threat posed by the fire or (2) funds in the ``Wildland Fire
Management'' account will be exhausted within 30 days.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess
sources, and hire of such vehicles; purchase, lease, operation,
maintenance, and acquisition of aircraft from excess sources to
maintain the operable fleet for use in Forest Service wildland
fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement
aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to
exceed $100,000 for employment under 5 U.S.C. 3109; (3)
purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5)
for expenses pursuant to the Volunteers in the National Forest
Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for
debt collection contracts in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency rehabilitation
of burned-over or damaged lands or waters under its
jurisdiction, and fire preparedness due to severe burning
conditions upon the Secretary's notification of the House and
Senate Committees on Appropriations that all fire suppression
funds appropriated under the headings ``Wildland Fire
Management'' and ``FLAME Wildfire Suppression Reserve Fund''
will be obligated within 30 days: Provided, That all funds
used pursuant to this paragraph must be replenished by a
supplemental appropriation which must be requested as promptly
as possible.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development in connection with forest and rangeland research,
technical information, and assistance in foreign countries, and
shall be available to support forestry and related natural
resource activities outside the United States and its
territories and possessions, including technical assistance,
education and training, and cooperation with U.S., private, and
international organizations. The Forest Service, acting for the
International Program, may sign direct funding agreements with
foreign governments and institutions as well as other domestic
agencies (including the U.S. Agency for International
Development, the Department of State, and the Millennium
Challenge Corporation), U.S. private sector firms, institutions
and organizations to provide technical assistance and training
programs overseas on forestry and rangeland management.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year shall
be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C.
2257), section 442 of Public Law 106-224 (7 U.S.C. 7772), or
section 10417(b) of Public Law 107-107 (7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in the joint explanatory
statement of the managers accompanying this Act.
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of the
Department of Agriculture and not more than $14,500,000 of
funds available to the Forest Service shall be transferred to
the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges. Nothing in
this paragraph shall prohibit or limit the use of reimbursable
agreements requested by the Forest Service in order to obtain
services from the Department of Agriculture's National
Information Technology Center. Nothing in this paragraph shall
limit the Forest Service portion of implementation costs to be
paid to the Department of Agriculture for the Financial
Management Modernization Initiative.
Of the funds available to the Forest Service up to
$5,000,000 shall be available for priority projects within the
scope of the approved budget, which shall be carried out by the
Youth Conservation Corps and shall be carried out under the
authority of the Public Lands Corps Act of 1993, Public Law
103-82, as amended by Public Lands Corps Healthy Forests
Restoration Act of 2005, Public Law 109-154.
Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, up to
$3,000,000 may be advanced in a lump sum to the National Forest
Foundation to aid conservation partnership projects in support
of the Forest Service mission, without regard to when the
Foundation incurs expenses, for projects on or benefitting
National Forest System lands or related to Forest Service
programs: Provided, That of the Federal funds made available
to the Foundation, no more than $300,000 shall be available for
administrative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial
assistance, private contributions to match on at least one-for-
one basis funds made available by the Forest Service: Provided
further, That the Foundation may transfer Federal funds to a
Federal or a non-Federal recipient for a project at the same
rate that the recipient has obtained the non-Federal matching
funds: Provided further, That authorized investments of
Federal funds held by the Foundation may be made only in
interest-bearing obligations of the United States or in
obligations guaranteed as to both principal and interest by the
United States.
Pursuant to section 2(b)(2) of Public Law 98-244,
$3,000,000 of the funds available to the Forest Service may be
advanced to the National Fish and Wildlife Foundation in a lump
sum to aid cost-share conservation projects, without regard to
when expenses are incurred, on or benefitting National Forest
System lands or related to Forest Service programs: Provided,
That such funds shall be matched on at least a one-for-one
basis by the Foundation or its sub-recipients: Provided
further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate
that the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities and natural resource-based businesses for
sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to section 14(c)(1) and (2), and
section 16(a)(2) of Public Law 99-663.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of the
Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed
$55,000,000, shall be assessed for the purpose of performing
fire, administrative and other facilities maintenance and
decommissioning. Such assessments shall occur using a square
foot rate charged on the same basis the agency uses to assess
programs for payment of rent, utilities, and other support
services.
Notwithstanding any other provision of law, any
appropriations or funds available to the Forest Service not to
exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance or
participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar nonlitigation-related matters. Future
budget justifications for both the Forest Service and the
Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
An eligible individual who is employed in any project
funded under title V of the Older American Act of 1965 (42
U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the
Indian Health Care Improvement Act, and titles II and III of
the Public Health Service Act with respect to the Indian Health
Service, $3,872,377,000, together with payments received during
the fiscal year pursuant to 42 U.S.C. 238(b) and 238b for
services furnished by the Indian Health Service: Provided,
That funds made available to tribes and tribal organizations
through contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided
further, That $844,927,000 for contract medical care, including
$51,500,000 for the Indian Catastrophic Health Emergency Fund,
shall remain available until expended: Provided further, That
of the funding provided for information technology activities
and, notwithstanding any other provision of law, $4,000,000
shall be allocated at the discretion of the Director of the
Indian Health Service: Provided further, That of the funds
provided, up to $36,000,000 shall remain available until
expended for implementation of the loan repayment program under
section 108 of the Indian Health Care Improvement Act:
Provided further, That the amounts collected by the Federal
Government as authorized by sections 104 and 108 of the Indian
Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during
the preceding fiscal year for breach of contracts shall be
deposited to the Fund authorized by section 108A of the Act (25
U.S.C. 1616a-1) and shall remain available until expended and,
notwithstanding section 108A(c) of the Act (25 U.S.C. 1616a-
1(c)), funds shall be available to make new awards under the
loan repayment and scholarship programs under sections 104 and
108 of the Act (25 U.S.C. 1613a and 1616a): Provided further,
That notwithstanding any other provision of law, the amounts
made available within this account for the methamphetamine and
suicide prevention and treatment initiative and for the
domestic violence prevention initiative shall be allocated at
the discretion of the Director of the Indian Health Service and
shall remain available until expended: Provided further, That
funds provided in this Act may be used for annual contracts and
grants that fall within 2 fiscal years, provided the total
obligation is recorded in the year the funds are appropriated:
Provided further, That the amounts collected by the Secretary
of Health and Human Services under the authority of title IV of
the Indian Health Care Improvement Act shall remain available
until expended for the purpose of achieving compliance with the
applicable conditions and requirements of titles XVIII and XIX
of the Social Security Act, except for those related to the
planning, design, or construction of new facilities: Provided
further, That funding contained herein for scholarship programs
under the Indian Health Care Improvement Act (25 U.S.C. 1613)
shall remain available until expended: Provided further, That
amounts received by tribes and tribal organizations under title
IV of the Indian Health Care Improvement Act shall be reported
and accounted for and available to the receiving tribes and
tribal organizations until expended: Provided further, That,
notwithstanding any other provision of law, of the amounts
provided herein, not to exceed $472,193,000 shall be for
payments to tribes and tribal organizations for contract or
grant support costs associated with contracts, grants, self-
governance compacts, or annual funding agreements between the
Indian Health Service and a tribe or tribal organization
pursuant to the Indian Self-Determination Act of 1975, as
amended, prior to or during fiscal year 2012, of which not to
exceed $10,000,000 may be used for contract support costs
associated with new or expanded self-determination contracts,
grants, self-governance compacts, or annual funding agreements:
Provided further, That the Bureau of Indian Affairs may
collect from the Indian Health Service, tribes and tribal
organizations operating health facilities pursuant to Public
Law 93-638, such individually identifiable health information
relating to disabled children as may be necessary for the
purpose of carrying out its functions under the Individuals
with Disabilities Education Act (20 U.S.C. 1400, et seq.):
Provided further, That the Indian Health Care Improvement Fund
may be used, as needed, to carry out activities typically
funded under the Indian Health Facilities account.
indian health facilities
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities, including
quarters for personnel; preparation of plans, specifications,
and drawings; acquisition of sites, purchase and erection of
modular buildings, and purchases of trailers; and for provision
of domestic and community sanitation facilities for Indians, as
authorized by section 7 of the Act of August 5, 1954 (42 U.S.C.
2004a), the Indian Self-Determination Act, and the Indian
Health Care Improvement Act, and for expenses necessary to
carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $441,052,000,
to remain available until expended: Provided, That
notwithstanding any other provision of law, funds appropriated
for the planning, design, construction, renovation or expansion
of health facilities for the benefit of an Indian tribe or
tribes may be used to purchase land on which such facilities
will be located: Provided further, That not to exceed $500,000
shall be used by the Indian Health Service to purchase TRANSAM
equipment from the Department of Defense for distribution to
the Indian Health Service and tribal facilities: Provided
further, That none of the funds appropriated to the Indian
Health Service may be used for sanitation facilities
construction for new homes funded with grants by the housing
programs of the United States Department of Housing and Urban
Development: Provided further, That not to exceed $2,700,000
from this account and the ``Indian Health Services'' account
shall be used by the Indian Health Service to obtain ambulances
for the Indian Health Service and tribal facilities in
conjunction with an existing interagency agreement between the
Indian Health Service and the General Services Administration:
Provided further, That not to exceed $500,000 shall be placed
in a Demolition Fund, to remain available until expended, and
be used by the Indian Health Service for the demolition of
Federal buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health
Service shall be available for services as authorized by 5
U.S.C. 3109 at rates not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions under 5
U.S.C. 5376; hire of passenger motor vehicles and aircraft;
purchase of medical equipment; purchase of reprints; purchase,
renovation and erection of modular buildings and renovation of
existing facilities; payments for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary; uniforms or allowances therefor as
authorized by 5 U.S.C. 5901-5902; and for expenses of
attendance at meetings that relate to the functions or
activities of the Indian Health Service: Provided, That in
accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service
facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act (42
U.S.C. 2651-2653) shall be credited to the account of the
facility providing the service and shall be available without
fiscal year limitation: Provided further, That notwithstanding
any other law or regulation, funds transferred from the
Department of Housing and Urban Development to the Indian
Health Service shall be administered under Public Law 86-121,
the Indian Sanitation Facilities Act and Public Law 93-638, as
amended: Provided further, That funds appropriated to the
Indian Health Service in this Act, except those used for
administrative and program direction purposes, shall not be
subject to limitations directed at curtailing Federal travel
and transportation: Provided further, That none of the funds
made available to the Indian Health Service in this Act shall
be used for any assessments or charges by the Department of
Health and Human Services unless identified in the budget
justification and provided in this Act, or approved by the
House and Senate Committees on Appropriations through the
reprogramming process: Provided further, That notwithstanding
any other provision of law, funds previously or herein made
available to a tribe or tribal organization through a contract,
grant, or agreement authorized by title I or title V of the
Indian Self-Determination and Education Assistance Act of 1975
(25 U.S.C. 450), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance
agreement under title V of such Act and thereafter shall remain
available to the tribe or tribal organization without fiscal
year limitation: Provided further, That none of the funds made
available to the Indian Health Service in this Act shall be
used to implement the final rule published in the Federal
Register on September 16, 1987, by the Department of Health and
Human Services, relating to the eligibility for the health care
services of the Indian Health Service until the Indian Health
Service has submitted a budget request reflecting the increased
costs associated with the proposed final rule, and such request
has been included in an appropriations Act and enacted into
law: Provided further, That with respect to functions
transferred by the Indian Health Service to tribes or tribal
organizations, the Indian Health Service is authorized to
provide goods and services to those entities on a reimbursable
basis, including payments in advance with subsequent
adjustment, and the reimbursements received therefrom, along
with the funds received from those entities pursuant to the
Indian Self-Determination Act, may be credited to the same or
subsequent appropriation account from which the funds were
originally derived, with such amounts to remain available until
expended: Provided further, That reimbursements for training,
technical assistance, or services provided by the Indian Health
Service will contain total costs, including direct,
administrative, and overhead associated with the provision of
goods, services, or technical assistance: Provided further,
That the appropriation structure for the Indian Health Service
may not be altered without advance notification to the House
and Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended,
and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $79,054,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i) and 111(c)(4) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended; section 118(f) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA), as amended;
and section 3019 of the Solid Waste Disposal Act, as amended,
$76,337,000, of which up to $1,000 per eligible employee of the
Agency for Toxic Substances and Disease Registry shall remain
available until expended for Individual Learning Accounts:
Provided, That notwithstanding any other provision of law, in
lieu of performing a health assessment under section 104(i)(6)
of CERCLA, the Administrator of ATSDR may conduct other
appropriate health studies, evaluations, or activities,
including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited
healthcare providers: Provided further, That in performing any
such health assessment or health study, evaluation, or
activity, the Administrator of ATSDR shall not be bound by the
deadlines in section 104(i)(6)(A) of CERCLA: Provided further,
That none of the funds appropriated under this heading shall be
available for ATSDR to issue in excess of 40 toxicological
profiles pursuant to section 104(I) of CERCLA during fiscal
year 2012, and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation expenses,
$3,153,000: Provided, That notwithstanding section 202 of the
National Environmental Policy Act of 1970, the Council shall
consist of one member, appointed by the President, by and with
the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, as amended,
including hire of passenger vehicles, uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902, and for services
authorized by 5 U.S.C. 3109 but at rates for individuals not to
exceed the per diem equivalent to the maximum rate payable for
senior level positions under 5 U.S.C. 5376, $11,147,000:
Provided, That the Chemical Safety and Hazard Investigation
Board (Board) shall have not more than three career Senior
Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual
appointed to the position of Inspector General of the
Environmental Protection Agency (EPA) shall, by virtue of such
appointment, also hold the position of Inspector General of the
Board: Provided further, That notwithstanding any other
provision of law, the Inspector General of the Board shall
utilize personnel of the Office of Inspector General of EPA in
performing the duties of the Inspector General of the Board,
and shall not appoint any individuals to positions within the
Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$7,750,000, to remain available until expended: Provided, That
funds provided in this or any other appropriations Act are to
be used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitioned lands residents,
those in significantly substandard housing, and all others
certified as eligible and not included in the preceding
categories: Provided further, That none of the funds contained
in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo
family who, as of November 30, 1985, was physically domiciled
on the lands partitioned to the Hopi Tribe unless a new or
replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office
shall relocate any certified eligible relocatees who have
selected and received an approved homesite on the Navajo
reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-
10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title XV
of Public Law 99-498, as amended (20 U.S.C. 56 part A),
$8,533,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance programs;
maintenance, alteration, operation, lease agreements of no more
than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized
by 5 U.S.C. 3109; and purchase, rental, repair, and cleaning of
uniforms for employees, $636,530,000, to remain available until
September 30, 2013, except as otherwise provided herein; of
which not to exceed $20,137,000 for the instrumentation
program, collections acquisition, exhibition reinstallation,
the National Museum of African American History and Culture,
and the repatriation of skeletal remains program shall remain
available until expended; and including such funds as may be
necessary to support American overseas research centers:
Provided, That funds appropriated herein are available for
advance payments to independent contractors performing research
services or participating in official Smithsonian
presentations.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by section
2 of the Act of August 22, 1949 (63 Stat. 623), and for
construction, including necessary personnel, $175,000,000, to
remain available until expended, of which not to exceed $10,000
is for services as authorized by 5 U.S.C. 3109, and of which
$75,000,000 shall be to complete design and begin construction
of the National Museum of African American History and Culture:
Provided, That during fiscal year 2012 and any succeeding
fiscal year, a single procurement for construction of the
National Museum of African American History and Culture, as
authorized under section 8 of the National Museum of African
American History and Culture Act (20 U.S.C. 80r-6), may be
issued that includes the full scope of the project: Provided
further, That the solicitation and contract shall contain the
clause ``availability of funds'' found at 48 CFR 52.232.18.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by the
Act of March 24, 1937 (50 Stat. 51), as amended by the public
resolution of April 13, 1939 (Public Resolution 9, Seventy-
sixth Congress), including services as authorized by 5 U.S.C.
3109; payment in advance when authorized by the treasurer of
the Gallery for membership in library, museum, and art
associations or societies whose publications or services are
available to members only, or to members at a price lower than
to the general public; purchase, repair, and cleaning of
uniforms for guards, and uniforms, or allowances therefor, for
other employees as authorized by law (5 U.S.C. 5901-5902);
purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds;
and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such
rates or prices and under such terms and conditions as the
Gallery may deem proper, $114,066,000, of which not to exceed
$3,481,000 for the special exhibition program shall remain
available until expended.
repair, restoration, and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, for operating lease agreements of no more than 10
years, with no extensions or renewals beyond the 10 years, that
address space needs created by the ongoing renovations in the
Master Facilities Plan, as authorized, $14,516,000, to remain
available until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair
or renovation of buildings of the National Gallery of Art may
be negotiated with selected contractors and awarded on the
basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$23,200,000.
capital repair and restoration
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $13,650,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as authorized
by 5 U.S.C. 3109, $11,005,000, to remain available until
September 30, 2013.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $146,255,000 shall
be available to the National Endowment for the Arts for the
support of projects and productions in the arts, including arts
education and public outreach activities, through assistance to
organizations and individuals pursuant to section 5 of the Act,
for program support, and for administering the functions of the
Act, to remain available until expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $146,255,000, to
remain available until expended, of which $135,500,000 shall be
available for support of activities in the humanities, pursuant
to section 7(c) of the Act and for administering the functions
of the Act; and $10,755,000 shall be available to carry out the
matching grants program pursuant to section 10(a)(2) of the Act
including $8,370,000 for the purposes of section 7(h):
Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may
be equal to the total amounts of gifts, bequests, and devises
of money, and other property accepted by the chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding
fiscal years for which equal amounts have not previously been
appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18
U.S.C. 1913: Provided, That none of the funds appropriated to
the National Foundation on the Arts and the Humanities may be
used for official reception and representation expenses:
Provided further, That funds from nonappropriated sources may
be used as necessary for official reception and representation
expenses: Provided further, That the Chairperson of the
National Endowment for the Arts may approve grants of up to
$10,000, if in the aggregate this amount does not exceed 5
percent of the sums appropriated for grantmaking purposes per
year: Provided further, That such small grant actions are
taken pursuant to the terms of an expressed and direct
delegation of authority from the National Council on the Arts
to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under Chapter
91 of title 40, United States Code, $2,400,000: Provided, That
the Commission is authorized to charge fees to cover the full
costs of its publications, and such fees shall be credited to
this account as an offsetting collection, to remain available
until expended without further appropriation: Provided
further, That the Commission is authorized to accept gifts,
including objects, papers, artwork, drawings and artifacts,
that pertain to the history and design of the Nation's Capital
or the history and activities of the Commission of Fine Arts,
for the purpose of artistic display, study or education.
National Capital Arts and Cultural Affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956a), as amended, $2,000,000.
administrative provision
The item relating to ``National Capital Arts and Cultural
Affairs'' in the Department of the Interior and Related
Agencies Appropriations Act, 1986, as enacted into law by
section 101(d) of Public Law 99-190 (99 Stat. 1261; 20 U.S.C.
956a) is amended--
(1) by deleting the last sentence in the second
paragraph and replacing it with the following: ``Each
eligible organization must have its principal place of
business in the District of Columbia and in a facility
or facilities located in the District of Columbia.'';
and
(2) In the third paragraph, by deleting ``in
addition to those herein named'' at the end of the
sentence.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $6,108,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109, $8,154,000:
Provided, That one-quarter of 1 percent of the funds provided
under this heading may be used for official reception and
representational expenses associated with hosting international
visitors engaged in the planning and physical development of
world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$50,798,000, of which $515,000 shall remain available until
September 30, 2014, for the Museum's equipment replacement
program; and of which $1,900,000 for the Museum's repair and
rehabilitation program and $1,264,000 for the Museum's outreach
initiatives program shall remain available until expended.
Presidio Trust
presidio trust fund
For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996, $12,000,000
shall be available to the Presidio Trust, to remain available
until expended.
Dwight D. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses, including the costs of construction
design, of the Dwight D. Eisenhower Memorial Commission,
$2,000,000, to remain available until expended.
capital construction
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission for design and construction of a memorial in honor
of Dwight D. Eisenhower, as authorized by Public Law 106-79,
$30,990,000, to remain available until expended: Provided,
That beginning in fiscal year 2012 and thereafter, any
procurement for the construction of the permanent memorial to
Dwight D. Eisenhower, as authorized by section 8162 of the
Department of Defense Appropriations Act, 2000 (16 U.S.C. 431
note; Public Law 106-79), as amended by section 8120 of the
Department of Defense Appropriations Act, 2002 (Public Law 107-
117), may be issued which includes the full scope of the
project: Provided further, That the solicitation and contract
with respect to the procurement shall contain the
``availability of funds'' clause described in section 52.232.18
of title 48, Code of Federal Regulations: Provided further,
That the funds appropriated herein shall be deemed to satisfy
the criteria for issuing a permit contained in 40 U.S.C.
8906(a)(4) and (b).
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
limitation on consulting services
Sec. 401. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
restriction on use of funds
Sec. 402. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.
obligation of appropriations
Sec. 403. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
prohibition on use of funds for personal services
Sec. 404. None of the funds provided in this Act to any
department or agency shall be obligated or expended to provide
a personal cook, chauffeur, or other personal servants to any
officer or employee of such department or agency except as
otherwise provided by law.
disclosure of administrative expenses
Sec. 405. Estimated overhead charges, deductions, reserves
or holdbacks from programs, projects, activities and
subactivities to support government-wide, departmental, agency,
or bureau administrative functions or headquarters, regional,
or central operations shall be presented in annual budget
justifications and subject to approval by the Committees on
Appropriations of the House of Representatives and the Senate.
Changes to such estimates shall be presented to the Committees
on Appropriations for approval.
giant sequoia
Sec. 406. None of the funds in this Act may be used to
plan, prepare, or offer for sale timber from trees classified
as giant sequoia (Sequoiadendron giganteum) which are located
on National Forest System or Bureau of Land Management lands in
a manner different than such sales were conducted in fiscal
year 2011.
mining applications
Sec. 407. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim
concerned (1) a patent application was filed with the Secretary
on or before September 30, 1994; and (2) all requirements
established under sections 2325 and 2326 of the Revised
Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30
U.S.C. 35, 36, and 37) for placer claims, and section 2337 of
the Revised Statutes (30 U.S.C. 42) for mill site claims, as
the case may be, were fully complied with by the applicant by
that date.
(c) Report.--On September 30, 2013, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Natural Resources of the
House and the Committee on Energy and Natural Resources of the
Senate a report on actions taken by the Department under the
plan submitted pursuant to section 314(c) of the Department of
the Interior and Related Agencies Appropriations Act, 1997
(Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Director of the Bureau of Land
Management to conduct a mineral examination of the mining
claims or mill sites contained in a patent application as set
forth in subsection (b). The Bureau of Land Management shall
have the sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures employed
by the Bureau of Land Management in the retention of third-
party contractors.
contract support costs
Sec. 408. Notwithstanding any other provision of law,
amounts appropriated to or otherwise designated in committee
reports for the Bureau of Indian Affairs and the Indian Health
Service by Public Laws 103-138, 103-332, 104-134, 104-208, 105-
83, 105-277, 106-113, 106-291, 107-63, 108-7, 108-108, 108-447,
109-54, 109-289, division B and Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Laws 110-5 and 110-28), Public Laws 110-92, 110-116,
110-137, 110-149, 110-161, 110-329, 111-6, 111-8, 111-88, and
112-10 for payments for contract support costs associated with
self-determination or self-governance contracts, grants,
compacts, or annual funding agreements with the Bureau of
Indian Affairs or the Indian Health Service as funded by such
Acts, are the total amounts available for fiscal years 1994
through 2011 for such purposes, except that the Bureau of
Indian Affairs, tribes and tribal organizations may use their
tribal priority allocations for unmet contract support costs of
ongoing contracts, grants, self-governance compacts, or annual
funding agreements.
forest management plans
Sec. 409. The Secretary of Agriculture shall not be
considered to be in violation of subparagraph 6(f)(5)(A) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years
have passed without revision of the plan for a unit of the
National Forest System. Nothing in this section exempts the
Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is not
acting expeditiously and in good faith, within the funding
available, to revise a plan for a unit of the National Forest
System, this section shall be void with respect to such plan
and a court of proper jurisdiction may order completion of the
plan on an accelerated basis.
prohibition within national monuments
Sec. 410. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under either
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the
boundaries of a National Monument established pursuant to the
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary
existed on January 20, 2001, except where such activities are
allowed under the Presidential proclamation establishing such
monument.
AMENDMENTS TO THE TEMPORARY EMERGENCY WILDFIRE SUPPRESSION ACT
Sec. 411. The Temporary Emergency Wildfire Suppression Act
(42 U.S.C. 1856m et seq.) is amended--
(1) in the first section (42 U.S.C. 1856m note)--
(A) by striking ``That this'' and inserting
the following:
``SECTION 1. SHORT TITLE.
``This''; and
(B) by striking ``Temporary'';
(2) by striking section 2 (42 U.S.C. 1856m) and
inserting the following:
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Assume any and all liability.--The term
`assume any and all liability' means--
``(A) the payment of--
``(i) any judgment, settlement,
fine, penalty, or cost assessment
(including prevailing party legal fees)
associated with the applicable
litigation; and
``(ii) any cost incurred in
handling the applicable litigation
(including legal fees); and
``(B) with respect to a Federal
firefighter, arranging for, and paying the
costs of, representation in the applicable
litigation.
``(2) Federal firefighter.--The term `Federal
firefighter' means an individual furnished by the
Secretary of Agriculture or the Secretary of the
Interior under an agreement entered into under section
3.
``(3) Foreign fire organization.--The term `foreign
fire organization' means any foreign governmental,
public, or private entity that has wildfire protection
resources.
``(4) Foreign firefighter.--The term `foreign
firefighter' means an individual furnished by a foreign
fire organization under an agreement entered into under
section 3.
``(5) Wildfire.--The term `wildfire' means any
forest or range fire.
``(6) Wildfire protection resources.--The term
`wildfire protection resources' means any personnel,
supplies, equipment, or other resources required for
wildfire presuppression and suppression activities.'';
(3) in section 3 (42 U.S.C. 1856n)--
(A) in subsection (a)--
(i) by striking ``(a)(1) The
Secretary of Agriculture'' and
inserting the following:
``(a) Exchange of Wildfire Protection Resources Under a
Reciprocal Agreement With a Foreign Fire Organization.--
``(1) Authority to enter into a reciprocal
agreement.--The Secretary of Agriculture''; and
(ii) in paragraph (2), by striking
``(2) Any agreement'' and inserting the
following:
``(2) Requirements for a reciprocal agreement.--Any
agreement'';
(B) in subsection (b)--
(i) by striking ``(b) In the
absence'' and inserting the following:
``(b) Exchange of Wildfire Protection Resources Without a
Reciprocal Agreement.--In the absence''; and
(ii) in paragraph (1), by striking
``United States, and'' and inserting
``United States; and'';
(C) in subsection (c), by striking ``(c)
Notwithstanding'' and inserting the following:
``(c) Reimbursement Under Agreements With Canada.--
Notwithstanding''; and
(D) in subsection (d)--
(i) by striking, ``(d) Any
service'' and inserting the following:
``(d) Service Performed Under This Act by Federal
Employees.--
``(1) In general.--Any service''; and
(ii) in the second sentence, by
striking ``The'' and inserting the
following:
``(2) Effect.--Except as provided in section 4,
the'';
(4) by redesignating section 4 (42 U.S.C. 1856o) as
section 5;
(5) by inserting after section 3 the following:
``SEC. 4. RECIPROCAL AGREEMENTS WITH LIABILITY COVERAGE.
``(a) Protection From Liability for Foreign Firefighters
and Foreign Fire Organizations.--Subject to subsection (b), in
an agreement with a foreign fire organization entered into
under section 3, the Secretary of Agriculture and the Secretary
of the Interior may provide that--
``(1) a foreign firefighter shall be considered to
be an employee of the United States for purposes of
tort liability while the foreign firefighter is acting
within the scope of an official duty under the
agreement; and
``(2) any claim against the foreign fire
organization or any legal organization associated with
the foreign firefighter that arises out of an act or
omission of the foreign firefighter in the performance
of an official duty under the agreement, or that arises
out of any other act, omission, or occurrence for which
the foreign fire organization or legal organization
associated with the foreign firefighter is legally
responsible under applicable law, may be prosecuted
only--
``(A) against the United States; and
``(B) as if the act or omission were the
act or omission of an employee of the United
States.
``(b) Protection From Liability for Federal Firefighters
and the Federal Government.--The Secretary of Agriculture and
the Secretary of the Interior may provide the protections under
subsection (a) if the foreign fire organization agrees--
``(1) to assume any and all liability for any legal
action brought against the Federal firefighter for an
act or omission of the Federal firefighter while acting
within the scope of an official duty under the
agreement; and
``(2) to the extent the United States or any legal
organization associated with the Federal firefighter is
not entitled to immunity from the jurisdiction of the
courts having jurisdiction over the foreign fire
organization receiving the services of the Federal
firefighters, to assume any and all liability for any
legal action brought against the United States or the
legal organization arising out of--
``(A) an act or omission of the Federal
firefighter in the performance of an official
duty under the agreement; or
``(B) any other act, omission, or
occurrence for which the United States or the
legal organization associated with the Federal
firefighter is legally responsible under the
laws applicable to the foreign fire
organization.''; and
(6) in section 5 (as redesignated by paragraph
(4))--
(A) by striking ``under section 3(c)'' and
inserting ``under this Act''; and
(B) in the proviso--
(i) by striking ``wildfire
protection resources or personnel''
each place it appears and inserting
``wildfire protection resources
(including personnel)'';
(ii) by inserting ``for wildfire
suppression activities'' before
``unless''; and
(iii) by striking ``provide
wildfire protection'' and inserting
``provide wildfire suppression''.
contracting authorities
Sec. 412. In awarding a Federal contract with funds made
available by this Act, notwithstanding Federal Government
procurement and contracting laws, the Secretary of Agriculture
and the Secretary of the Interior (the ``Secretaries'') may, in
evaluating bids and proposals, through fiscal year 2013, give
consideration to local contractors who are from, and who
provide employment and training for, dislocated and displaced
workers in an economically disadvantaged rural community,
including those historically timber-dependent areas that have
been affected by reduced timber harvesting on Federal lands and
other forest-dependent rural communities isolated from
significant alternative employment opportunities: Provided,
That notwithstanding Federal Government procurement and
contracting laws the Secretaries may award contracts, grants or
cooperative agreements to local non-profit entities, Youth
Conservation Corps or related partnerships with State, local or
non-profit youth groups, or small or micro-business or
disadvantaged business: Provided further, That the contract,
grant, or cooperative agreement is for forest hazardous fuels
reduction, watershed or water quality monitoring or
restoration, wildlife or fish population monitoring, road
decommissioning, trail maintenance or improvement, or habitat
restoration or management: Provided further, That the terms
``rural community'' and ``economically disadvantaged'' shall
have the same meanings as in section 2374 of Public Law 101-624
(16 U.S.C. 6612): Provided further, That the Secretaries shall
develop guidance to implement this section: Provided further,
That nothing in this section shall be construed as relieving
the Secretaries of any duty under applicable procurement laws,
except as provided in this section.
limitation on takings
Sec. 413. Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply
to funds appropriated to implement the Everglades National Park
Protection and Expansion Act of 1989, or to funds appropriated
for Federal assistance to the State of Florida to acquire lands
for Everglades restoration purposes.
timber sale requirements
Sec. 414. No timber sale in Alaska's Region 10 shall be
advertised if the indicated rate is deficit (defined as the
value of the timber is not sufficient to cover all logging and
stumpage costs and provide a normal profit and risk allowance
under the Forest Service's appraisal process) when appraised
using a residual value appraisal. The western red cedar timber
from those sales which is surplus to the needs of the domestic
processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing
domestic prices. All additional western red cedar volume not
sold to Alaska or contiguous 48 United States domestic
processors may be exported to foreign markets at the election
of the timber sale holder. All Alaska yellow cedar may be sold
at prevailing export prices at the election of the timber sale
holder.
extension of grazing permits
Sec. 415. The terms and conditions of section 325 of
Public Law 108-108 (117 Stat. 1307), regarding grazing permits
at the Department of the Interior and the Forest Service, shall
remain in effect for fiscal years 2012 and 2013. A grazing
permit or lease issued by the Secretary of the Interior for
lands administered by the Bureau of Land Management that is the
subject of a request for a grazing preference transfer shall be
issued, without further processing, for the remaining time
period in the existing permit or lease using the same mandatory
terms and conditions. If the authorized officer determines a
change in the mandatory terms and conditions is required, the
new permit must be processed as directed in section 325 of
Public Law 108-108.
prohibition on no-bid contracts
Sec. 416. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used
to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of Chapter 33
of title 41, United States Code, or Chapter 137 of title 10,
United States Code, and the Federal Acquisition Regulation,
unless--
(1) Federal law specifically authorizes a contract
to be entered into without regard for these
requirements, including formula grants for States, or
federally recognized Indian tribes; or
(2) such contract is authorized by the Indian Self-
Determination and Education and Assistance Act (Public
Law 93-638, 25 U.S.C. 450 et seq., as amended) or by
any other Federal laws that specifically authorize a
contract within an Indian tribe as defined in section
4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 417. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less than
45 days.
national endowment for the arts grant guidelines
Sec. 418. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual
for a literature fellowship, National Heritage
Fellowship, or American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to
ensure that no funding provided through a grant, except
a grant made to a State or local arts agency, or
regional group, may be used to make a grant to any
other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to
a group, unless the application is specific to the
contents of the season, including identified programs
and/or projects.
national endowment for the arts program priorities
Sec. 419. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this Act,
the Chairperson of the National Endowment for the Arts shall
ensure that priority is given to providing services or awarding
financial assistance for projects, productions, workshops, or
programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a
population of individuals, including urban minorities,
who have historically been outside the purview of arts
and humanities programs due to factors such as a high
incidence of income below the poverty line or to
geographic isolation.
(2) The term ``poverty line'' means the poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2))) applicable to a family of the size
involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act of
1965 with funds appropriated by this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority
is given to providing services or awarding financial assistance
for projects, productions, workshops, or programs that will
encourage public knowledge, education, understanding, and
appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and Humanities
Act of 1965--
(1) the Chairperson shall establish a grant
category for projects, productions, workshops, or
programs that are of national impact or availability or
are able to tour several States;
(2) the Chairperson shall not make grants exceeding
15 percent, in the aggregate, of such funds to any
single State, excluding grants made under the authority
of paragraph (1);
(3) the Chairperson shall report to the Congress
annually and by State, on grants awarded by the
Chairperson in each grant category under section 5 of
such Act; and
(4) the Chairperson shall encourage the use of
grants to improve and support community-based music
performance and education.
use of competitive grant funds
Sec. 420. Section 6(d) of Public Law 96-297 (16 U.S.C. 431
note), as added by section 101 of Public Law 108-126, is
amended by inserting ``, except funds awarded through
competitive grants,'' after ``No Federal funds''.
forest service facility realignment and enhancement
Sec. 421. Section 503(f) of the Forest Service Realignment
and Enhancement Act of 2005 (title V of Public Law 109-54; 16
U.S.C. 580d note), as amended by section 422(1) of Public Law
111-8 (123 Stat. 748), is further amended by striking ``2011''
and inserting ``2016''.
service first
Sec. 422. Section 330 of the Department of the Interior
and Related Agencies Appropriations Act, 2001 (Public Law 106-
291; 114 Stat. 996; 43 U.S.C. 1701 note), concerning Service
First authorities, as amended by section 428 of Public Law 109-
54 (119 Stat. 555-556) and section 418 of Public Law 111-8 (123
Stat. 747), is amended--
(1) by striking in the first sentence ``In fiscal
years 2001 through 2011'', and inserting ``In fiscal
year 2012 and each fiscal year thereafter''; and
(2) by striking in the first sentence ``pilot
programs'' and inserting ``programs.''
federal, state, cooperative forest, range-land and watershed
restoration in utah
Sec. 423. The authority provided by section 337 of the
Department of the Interior and Related Agencies Appropriations
Act, 2005 (Public Law 108-447; 118 Stat. 3012), as amended,
shall remain in effect until September 30, 2013.
status of balances of appropriations
Sec. 424. The Department of the Interior, the
Environmental Protection Agency, the Forest Service, and the
Indian Health Service shall provide the Committees on
Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of appropriations
including all uncommitted, committed, and unobligated funds in
each program and activity.
report on use of climate change funds
Sec. 425. Not later than 120 days after the date on which
the President's fiscal year 2013 budget request is submitted to
Congress, the President shall submit a comprehensive report to
the Committee on Appropriations of the House of Representatives
and the Committee on Appropriations of the Senate describing in
detail all Federal agency funding, domestic and international,
for climate change programs, projects and activities in fiscal
year 2011, including an accounting of funding by agency with
each agency identifying climate change programs, projects and
activities and associated costs by line item as presented in
the President's Budget Appendix, and including citations and
linkages where practicable to each strategic plan that is
driving funding within each climate change program, project and
activity listed in the report.
prohibition on use of funds
Sec. 426. Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may be
used to promulgate or implement any regulation requiring the
issuance of permits under title V of the Clean Air Act (42
U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide, water
vapor, or methane emissions resulting from biological processes
associated with livestock production.
greenhouse gas reporting restrictions
Sec. 427. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
forest service pre-decisional objection process
Sec. 428. Hereafter, upon issuance of final regulations,
the Secretary of Agriculture, acting through the Chief of the
Forest Service, shall apply section 105(a) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6515(a)), providing
for a pre-decisional objection process, to proposed actions of
the Forest Service concerning projects and activities
implementing land and resource management plans developed under
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1600 et seq.), and documented with a Record of
Decision or Decision Notice, in lieu of subsections (c), (d),
and (e) of section 322 of Public Law 102-381 (16 U.S.C. 1612
note), providing for an administrative appeal process:
Provided, That if the Chief of the Forest Service determines an
emergency situation exists for which immediate implementation
of a proposed action is necessary, the proposed action shall
not be subject to the pre-decisional objection process, and
implementation shall begin immediately after the Forest Service
gives notice of the final decision for the proposed action:
Provided further, That this section shall not apply to an
authorized hazardous fuel reduction project under title I of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et
seq.).
silvicultural activities
Sec. 429. From the date of enactment of this Act until
September 30, 2012, the Administrator of the Environmental
Protection Agency shall not require a permit under section 402
of the Federal Water Pollution Control Act (33 U.S.C. 1342),
nor shall the Administrator directly or indirectly require any
State to require a permit, for discharges of stormwater runoff
from roads, the construction, use, or maintenance of which are
associated with silvicultural activities, or from other
silvicultural activities involving nursery operations, site
preparation, reforestation and subsequent cultural treatment,
thinning, prescribed burning, pest and fire control, harvesting
operations, or surface drainage.
claim maintenance fee amendments
Sec. 430. Section 10101 of the Omnibus Budget
Reconciliation Act of 1993 (30 U.S.C. 28f) is amended--
(1) in subsection (a)--
(A) by striking so much as precedes the
second sentence and inserting the following:
``(a) Claim Maintenance Fee.--
``(1) Lode mining claims, mill sites, and tunnel
sites.--The holder of each unpatented lode mining
claim, mill site, or tunnel site, located pursuant to
the mining laws of the United States on or after August
10, 1993, shall pay to the Secretary of the Interior,
on or before September 1 of each year, to the extent
provided in advance in appropriations Acts, a claim
maintenance fee of $100 per claim or site,
respectively.''; and
(B) by adding at the end the following:
``(2) Placer mining claims.--The holder of each
unpatented placer mining claim located pursuant to the
mining laws of the United States located before, on, or
after August 10, 1993, shall pay to the Secretary of
the Interior, on or before September 1 of each year,
the claim maintenance fee described in subsection (a),
for each 20 acres of the placer claim or portion
thereof.''; and
(2) in subsection (b), by striking the first
sentence and inserting the following: ``The claim main
tenance fee under subsection (a) shall be paid for the
year in which the location is made, at the time the
location notice is recorded with the Bureau of Land
Management.''.
domestic livestock grazing
Sec. 431. (a) Prohibition Regarding Potential Domestic
Sheep and Bighorn Sheep Contact on National Forest System
Land.--Notwithstanding any other provision of law or regulation
(other than the Endangered Species Act of 1973 and regulations
issued under such Act), none of the funds made available by
this Act or made available by any other Act for fiscal year
2012 only may be used to carry out--
(1) any new management restrictions on domestic
sheep on parcels of National Forest System land (as
defined in the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a))) with
potential domestic sheep and bighorn sheep (whether
native or nonnative) contact in excess of the
management restrictions that existed on July 1, 2011;
or
(2) any other agency regulation for managing
bighorn sheep populations on any allotment of such
National Forest System land if the management action
will result in a reduction in the number of domestic
livestock permitted to graze on the allotment or in the
distribution of livestock on the allotment.
(b) Exception.--Notwithstanding subsection (a), the
Secretary of Agriculture may make such management changes as
the Secretary determines to be necessary to manage bighorn
sheep if the management changes--
(1) are consistent with the wildlife plans of the
relevant State fish and game agency and determined in
consultation with that agency; and
(2) are developed in consultation with the affected
permittees.
(c) Bureau of Land Management Lands.--In circumstances
involving conflicts between bighorn sheep and domestic sheep
grazing on public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702)), the Bureau of Land Management may only modify or cancel
domestic sheep grazing permits after consulting with the
appropriate State fish and game agency. However, if the State
in question has an approved State Wildlife Management Plan that
addresses, with specificity, bighorn sheep management, then the
Bureau of Land Management modification or cancellation of
permits in that State shall conform to the bighorn sheep
management objectives in the State Wildlife Management Plan,
unless conformance would be inconsistent with Federal statute
or regulation. The Bureau of Land Management shall be bound by
the requirements of this subsection until September 30, 2012.
(d) Voluntary Closure of Allotments.--Nothing in this
section shall be construed as limiting the voluntary closure of
existing domestic sheep allotments when the closure is agreed
to in writing between the permittee and the Secretary of the
Interior or the Secretary of Agriculture and is carried out for
the purpose of reducing conflicts between domestic sheep and
bighorn sheep.
(e) Waiver of Grazing Permits and Leases.--The Secretary of
the Interior and the Secretary of Agriculture may accept the
voluntary waiver of any valid existing lease or permit
authorizing grazing on National Forest System land described in
subsection (a) or public lands described in subsection (c). If
the grazing permit or lease for a grazing allotment is only
partially within the area of potential domestic sheep and
bighorn sheep contact, the affected permittee may elect to
waive only the portion of the grazing permit or lease that is
within that area. The Secretary concerned shall--
(1) terminate each permit or lease waived or
portion of a permit or lease waived under this
subsection;
(2) ensure a permanent end to domestic sheep
grazing on the land covered by the waived permit or
lease or waived portion of the permit or lease unless
or until there is no conflict with bighorn sheep
management; and
(3) provide for the reimbursement of range
improvements in compliance with section 4 of the Act of
June 28, 1934 (commonly known as the Taylor Grazing
Act; 43 U.S.C. 315c).
air emissions from outer continental shelf activities
Sec. 432. (a) It is the purpose of this section to ensure
that the energy policy of the United States focuses on the
expeditious and orderly development of domestic energy
resources in a manner that protects human health and the
environment.
(b) Section 328(a)(1) of the Clean Air Act (42 U.S.C.
7627(a)(1)) is amended--
(1) in the first sentence, by inserting ``(other
than Outer Continental Shelf sources located offshore
of the North Slope Borough of the State of Alaska)''
after ``Outer Continental Shelf sources located
offshore of the States along the Pacific, Arctic and
Atlantic Coasts''; and
(2) in the fourth sentence, by inserting ``and this
Act'' after ``regulations''.
(c) Section 328(b) of the Clean Air Act (42 U.S.C. 7627(b))
is amended in the first sentence--
(1) by striking ``Gulf Coast''; and
(2) by inserting ``or are adjacent to the North
Slope Borough of the State of Alaska'' after
``Alabama''.
(d) The transfer of air quality permitting authority
pursuant to this section shall not invalidate or stay--
(1) any air quality permit pending or existing as
of the date of the enactment of this Act; or
(2) any proceeding related thereto.
(e)(1) The Comptroller General of the United States shall
undertake a study on the process for air quality permitting in
the Outer Continental Shelf.
(2) The study shall consist of a comparison of air quality
permitting for Outer Continental Shelf sources (as such term is
defined in section 328(a)(4) of the Clean Air Act (42 U.S.C.
7627(a)(4)) by the Department of the Interior with such
permitting by the Environmental Protection Agency, taking into
account the time elapsed between application and permit
approval, the number of applications, and the experiences and
assessments of the applicants.
(3) In carrying out the study, the Comptroller General
shall consult with the Administrator of the Environmental
Protection Agency, the Secretary of the Interior, and
applicants for air quality permits.
(4) The Comptroller General shall complete the study and
submit a report on the results of the study to the Congress not
later than September 30, 2014.
funding prohibition
Sec. 433. None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to, any corporation that was convicted
(or had an officer or agent of such corporation acting on
behalf of the corporation convicted) of a felony criminal
violation under any Federal law within the preceding 24 months,
where the awarding agency is aware of the conviction, unless
the agency has considered suspension or debarment of the
corporation, or such officer or agent and made a determination
that this further action is not necessary to protect the
interests of the Government.
limitation with respect to delinquent tax debts
Sec. 434. None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a
loan or loan guarantee to, any corporation with respect to
which any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless
the agency has considered suspension or debarment of the
corporation and made a determination that this further action
is not necessary to protect the interests of the Government.
ALASKA NATIVE REGIONAL HEALTH ENTITIES
Sec. 435. (a) Notwithstanding any other provision of law
and until October 1, 2013, the Indian Health Service may not
disburse funds for the provision of health care services
pursuant to Public Law 93-638 (25 U.S.C. 450 et seq.) to any
Alaska Native village or Alaska Native village corporation that
is located within the area served by an Alaska Native regional
health entity.
(b) Nothing in this section shall be construed to prohibit
the disbursal of funds to any Alaska Native village or Alaska
Native village corporation under any contract or compact
entered into prior to May 1, 2006, or to prohibit the renewal
of any such agreement.
(c) For the purpose of this section, Eastern Aleutian
Tribes, Inc., the Council of Athabascan Tribal Governments, and
the Native Village of Eyak shall be treated as Alaska Native
regional health entities to which funds may be disbursed under
this section.
general reduction
Sec. 436. (a) Across-the-board Rescissions.--There is
hereby rescinded an amount equal to 0.16 percent of the budget
authority provided for fiscal year 2012 for any discretionary
appropriation in titles I through IV of this Act.
(b) Proportionate Application.--Any rescission made by
subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of
budget authority described in subsection (a); and
(2) within each such account and item, to each
program, project, and activity (with programs,
projects, and activities as delineated in the
appropriation Act or accompanying reports for the
relevant fiscal year covering such account or item, or
for accounts and items not included in appropriation
Acts, as delineated in the most recently submitted
President's budget).
(c) Indian Land and Water Claim Settlements.--Under the
heading ``Bureau of Indian Affairs, Indian Land and Water Claim
Settlements and Miscellaneous Payments to Indians'', the
across-the-board rescission in this section, and any subsequent
across-the-board rescission for fiscal year 2012, shall apply
only to the first dollar amount in the paragraph and the
distribution of the rescission shall be at the discretion of
the Secretary of the Interior who shall submit a report on such
distribution and the rationale therefore to the House and
Senate Committees on Appropriations.
(d) OMB Report.--Within 30 days after the date of the
enactment of this section the Director of the Office of
Management and Budget shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a
report specifying the account and amount of each rescission
made pursuant to this section.
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations Act,
2012''.
DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2012
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including transfer of funds)
For necessary expenses of the Workforce Investment Act of
1998 (referred to in this Act as ``WIA''), the Second Chance
Act of 2007, and the Women in Apprenticeship and Non-
Traditional Occupations Act of 1992 (``WANTO''), including the
purchase and hire of passenger motor vehicles, the
construction, alteration, and repair of buildings and other
facilities, and the purchase of real property for training
centers as authorized by the WIA, $3,195,383,000, plus
reimbursements, shall be available. Of the amounts provided:
(1) for grants to States for adult employment and
training activities, youth activities, and dislocated
worker employment and training activities,
$2,605,268,000 as follows:
(A) $770,922,000 for adult employment and
training activities, of which $58,922,000 shall
be available for the period July 1, 2012,
through June 30, 2013, and of which
$712,000,000 shall be available for the period
October 1, 2012 through June 30, 2013;
(B) $825,914,000 for youth activities,
which shall be available for the period April
1, 2012 through June 30, 2013; and
(C) $1,008,432,000 for dislocated worker
employment and training activities, of which
$148,432,000 shall be available for the period
July 1, 2012 through June 30, 2013, and of
which $860,000,000 shall be available for the
period October 1, 2012 through June 30, 2013:
Provided, That notwithstanding the transfer
limitation under section 133(b)(4) of the WIA, up to 30
percent of such funds may be transferred by a local
board if approved by the Governor: Provided further,
That a local board may award a contract to an
institution of higher education or other eligible
training provider if the local board determines that it
would facilitate the training of multiple individuals
in high-demand occupations, if such contract does not
limit customer choice: Provided further, That
notwithstanding section 128(a)(1) of the WIA, the
amount available to the Governor for statewide
workforce investment activities shall not exceed 5
percent of the amount allotted to the State from each
of the appropriations under the preceding
subparagraphs;
(2) for federally administered programs,
$487,053,000 as follows:
(A) $224,112,000 for the dislocated workers
assistance national reserve, of which
$24,112,000 shall be available for the period
July 1, 2012 through June 30, 2013, and of
which $200,000,000 shall be available for the
period October 1, 2012 through June 30, 2013:
Provided, That funds provided to carry out
section 132(a)(2)(A) of the WIA may be used to
provide assistance to a State for statewide or
local use in order to address cases where there
have been worker dislocations across multiple
sectors or across multiple local areas and such
workers remain dislocated; coordinate the State
workforce development plan with emerging
economic development needs; and train such
eligible dislocated workers: Provided further,
That funds provided to carry out section 171(d)
of the WIA may be used for demonstration
projects that provide assistance to new
entrants in the workforce and incumbent
workers: Provided further, That none of the
funds shall be obligated to carry out section
173(e) of the WIA;
(B) $47,652,000 for Native American
programs, which shall be available for the
period July 1, 2012 through June 30, 2013;
(C) $84,451,000 for migrant and seasonal
farmworker programs under section 167 of the
WIA, including $78,253,000 for formula grants
(of which not less than 70 percent shall be for
employment and training services), $5,689,000
for migrant and seasonal housing (of which not
less than 70 percent shall be for permanent
housing), and $509,000 for other discretionary
purposes, which shall be available for the
period July 1, 2012 through June 30, 2013:
Provided, That notwithstanding any other
provision of law or related regulation, the
Department of Labor shall take no action
limiting the number or proportion of eligible
participants receiving related assistance
services or discouraging grantees from
providing such services;
(D) $998,000 for carrying out the WANTO,
which shall be available for the period July 1,
2012 through June 30, 2013; and
(E) $79,840,000 for YouthBuild activities
as described in section 173A of the WIA, which
shall be available for the period April 1, 2012
through June 30, 2013; and
(F) $50,000,000 to be available to the
Secretary of Labor (referred to in this title
as ``Secretary'') for the Workforce Innovation
Fund to carry out projects that demonstrate
innovative strategies or replicate effective
evidence-based strategies that align and
strengthen the workforce investment system in
order to improve program delivery and education
and employment outcomes for beneficiaries,
which shall be for the period July 1, 2012
through September 30, 2013: Provided, That
amounts shall be available for awards to States
or State agencies that are eligible for
assistance under any program authorized under
the WIA, consortia of States, or partnerships,
including regional partnerships: Provided
further, That not more than 5 percent of the
funds available for workforce innovation
activities shall be for technical assistance
and evaluations related to the projects carried
out with these funds;
(3) for national activities, $103,062,000, as
follows:
(A) $6,616,000, in addition to any amounts
available under paragraph (2), for Pilots,
Demonstrations, and Research, which shall be
available for the period April 1, 2012 through
June 30, 2013: Provided, That funds made
available by Public Law 112-10 that were
designated for grants to address the employment
and training needs of young parents may be used
for other pilots, demonstrations, and research
activities and for implementation activities
related to the VOW to Hire Heroes Act of 2011
and may be transferred to ``State Unemployment
Insurance and Employment Service Operations''
to carry out such implementation activities;
(B) $80,390,000 for ex-offender activities,
under the authority of section 171 of the WIA
and section 212 of the Second Chance Act of
2007, which shall be available for the period
April 1, 2012 through June 30, 2013,
notwithstanding the requirements of section
171(b)(2)(B) or 171(c)(4)(D) of the WIA:
Provided, That of this amount, $20,000,000
shall be for competitive grants to national and
regional intermediaries for activities that
prepare young ex-offenders and school dropouts
for employment, with a priority for projects
serving high-crime, high-poverty areas;
(C) $9,581,000 for Evaluation, which shall
be available for the period July 1, 2012
through June 30, 2013; and
(D) $6,475,000 for the Workforce Data
Quality Initiative, under the authority of
section 171(c)(2) of the WIA, which shall be
available for the period July 1, 2012 through
June 30, 2013, and which shall not be subject
to the requirements of section 171(c)(4)(D).
office of job corps
To carry out subtitle C of title I of the WIA, including
Federal administrative expenses, the purchase and hire of
passenger motor vehicles, the construction, alteration, and
repairs of buildings and other facilities, and the purchase of
real property for training centers as authorized by the WIA,
$1,706,171,000, plus reimbursements, as follows:
(1) $1,572,049,000 for Job Corps Operations, which
shall be available for the period July 1, 2012 through
June 30, 2013;
(2) $104,990,000 for construction, rehabilitation
and acquisition of Job Corps Centers, which shall be
available for the period July 1, 2012 through June 30,
2015: Provided, That the Secretary may transfer up to
15 percent of such funds to meet the operational needs
of such centers or to achieve administrative
efficiencies: Provided further, That any funds
transferred pursuant to the preceding proviso shall not
be available for obligation after June 30, 2013; and
(3) $29,132,000 for necessary expenses of the
Office of Job Corps, which shall be available for
obligation for the period October 1, 2011 through
September 30, 2012:
Provided further, That no funds from any other appropriation
shall be used to provide meal services at or for Job Corps
centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965
(referred to in this Act as ``OAA''), $449,100,000, which shall
be available for the period July 1, 2012 through June 30, 2013,
and may be recaptured and reobligated in accordance with
section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2012 of trade adjustment
benefit payments and allowances under part I of subchapter B of
chapter 2 of title II of the Trade Act of 1974, and section 246
of that Act; and for training, employment and case management
services, allowances for job search and relocation, and related
State administrative expenses under part II of subchapter B of
chapter 2 of title II of the Trade Act of 1974, including
benefit payments, allowances, training, employment and case
management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance
Extension Act of 2011, $1,100,100,000, together with such
amounts as may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to
September 15, 2012.
state unemployment insurance and employment service operations
For authorized administrative expenses, $86,231,000,
together with not to exceed $3,958,441,000 which may be
expended from the Employment Security Administration Account in
the Unemployment Trust Fund (``the Trust Fund''), of which:
(1) $3,181,154,000 from the Trust Fund is for
grants to States for the administration of State
unemployment insurance laws as authorized under title
III of the Social Security Act (including not less than
$10,000,000 to conduct in-person reemployment and
eligibility assessments and unemployment insurance
improper payment reviews), the administration of
unemployment insurance for Federal employees and for
ex-service members as authorized under 5 U.S.C. 8501-
8523, and the administration of trade readjustment
allowances, reemployment trade adjustment assistance,
and alternative trade adjustment assistance under the
Trade Act of 1974 and under section 231(a) of the Trade
Adjustment Assistance Extension Act of 2011, and shall
be available for obligation by the States through
December 31, 2012, except that funds used for
automation acquisitions or competitive grants awarded
to States for improved operations, or reemployment and
eligibility assessments and improper payments shall be
available for obligation by the States through
September 30, 2014, and funds used for unemployment
insurance workloads experienced by the States through
September 30, 2012 shall be available for Federal
obligation through December 31, 2012;
(2) $11,287,000 from the Trust Fund is for national
activities necessary to support the administration of
the Federal-State unemployment insurance system;
(3) $679,531,000 from the Trust Fund, together with
$22,638,000 from the General Fund of the Treasury, is
for grants to States in accordance with section 6 of
the Wagner-Peyser Act, and shall be available for
Federal obligation for the period July 1, 2012 through
June 30, 2013;
(4) $20,952,000 from the Trust Fund is for national
activities of the Employment Service, including
administration of the work opportunity tax credit under
section 51 of the Internal Revenue Code of 1986, and
the provision of technical assistance and staff
training under the Wagner-Peyser Act, including not to
exceed $1,228,000 that may be used for amortization
payments to States which had independent retirement
plans in their State employment service agencies prior
to 1980;
(5) $65,517,000 from the Trust Fund is for the
administration of foreign labor certifications and
related activities under the Immigration and
Nationality Act and related laws, of which $50,418,000
shall be available for the Federal administration of
such activities, and $15,099,000 shall be available for
grants to States for the administration of such
activities; and
(6) $63,593,000 from the General Fund is to provide
workforce information, national electronic tools, and
one-stop system building under the Wagner-Peyser Act
and section 171 (e)(2)(C) of the WIA and shall be
available for Federal obligation for the period July 1,
2012 through June 30, 2013:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2012 is projected by
the Department of Labor to exceed 4,832,000, an additional
$28,600,000 from the Trust Fund shall be available for
obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) to carry out title III of the Social Security Act:
Provided further, That funds appropriated in this Act that are
allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist
other States in carrying out activities under such title III if
the other States include areas that have suffered a major
disaster declared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act: Provided
further, That the Secretary may use funds appropriated for
grants to States under title III of the Social Security Act to
make payments on behalf of States for the use of the National
Directory of New Hires under section 453(j)(8) of such Act:
Provided further, That funds appropriated in this Act which are
used to establish a national one-stop career center system, or
which are used to support the national activities of the
Federal-State unemployment insurance or immigration programs,
may be obligated in contracts, grants, or agreements with non-
State entities: Provided further, That funds appropriated
under this Act for activities authorized under title III of the
Social Security Act and the Wagner-Peyser Act may be used by
States to fund integrated Unemployment Insurance and Employment
Service automation efforts, notwithstanding cost allocation
principles prescribed under the Office of Management and Budget
Circular A-87: Provided further, That the Secretary, at the
request of a State participating in a consortium with other
States, may reallot funds allotted to such State under title
III of the Social Security Act to other States participating in
the consortium in order to carry out activities that benefit
the administration of the unemployment compensation law of the
State making the request.
In addition, $50,000,000 from the Employment Security
Administration Account of the Unemployment Trust Fund shall be
available to conduct in-person reemployment and eligibility
assessments and unemployment insurance improper payment
reviews.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, and to the Black Lung Disability Trust Fund as authorized
by section 9501(c)(1) of the Internal Revenue Code of 1986; and
for nonrepayable advances to the Unemployment Trust Fund as
authorized by 5 U.S.C. 8509, and to the ``Federal Unemployment
Benefits and Allowances'' account, such sums as may be
necessary, which shall be available for obligation through
September 30, 2013.
program administration
For expenses of administering employment and training
programs, $97,320,000, together with not to exceed $50,040,000
which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $183,500,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'')
is authorized to make such expenditures, including financial
assistance authorized by subtitle E of title IV of the Employee
Retirement Income Security Act of 1974, within limits of funds
and borrowing authority available to the Corporation, and in
accord with law, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by 31
U.S.C. 9104, as may be necessary in carrying out the program,
including associated administrative expenses, through September
30, 2012, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2012 shall
be available for obligations for administrative expenses in
excess of $476,901,000: Provided further, That to the extent
that the number of new plan participants in plans terminated by
the Corporation exceeds 100,000 in fiscal year 2012, an amount
not to exceed an additional $9,200,000 shall be available
through September 30, 2013, for obligation for administrative
expenses for every 20,000 additional terminated participants:
Provided further, That an additional $50,000 shall be made
available through September 30, 2013, for obligation for
investment management fees for every $25,000,000 in assets
received by the Corporation as a result of new plan
terminations or asset growth, after approval by the Office of
Management and Budget and notification of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That obligations in excess of the amounts
provided in this paragraph may be incurred for unforeseen and
extraordinary pretermination expenses or extraordinary
multiemployer program related expenses after approval by the
Office of Management and Budget and notification of the
Committees on Appropriations of the House of Representatives
and the Senate.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies
and their employees for inspection services rendered,
$227,491,000.
Office of Labor Management Standards
salaries and expenses
For necessary expenses for the Office of Labor Management
Standards, $41,367,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $105,386,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers'
Compensation Programs, $115,939,000, together with $2,124,000
which may be expended from the Special Fund in accordance with
sections 39(c), 44(d), and 44(j) of the Longshore and Harbor
Worker's Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or
any prior fiscal year authorized by 5 U.S.C. 81; continuation
of benefits as provided for under the heading ``Civilian War
Benefits'' in the Federal Security Agency Appropriation Act,
1947; the Employees' Compensation Commission Appropriation Act,
1944; sections 4(c) and 5(f) of the War Claims Act of 1948; and
50 percent of the additional compensation and benefits required
by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, $350,000,000, together with such amounts as
may be necessary to be charged to the subsequent year
appropriation for the payment of compensation and other
benefits for any period subsequent to August 15 of the current
year: Provided, That amounts appropriated may be used under 5
U.S.C. 8104 by the Secretary to reimburse an employer, who is
not the employer at the time of injury, for portions of the
salary of a re-employed, disabled beneficiary: Provided
further, That balances of reimbursements unobligated on
September 30, 2011, shall remain available until expended for
the payment of compensation, benefits, and expenses: Provided
further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other
corporation or instrumentality required under 5 U.S.C. 8147(c)
to pay an amount for its fair share of the cost of
administration, such sums as the Secretary determines to be the
cost of administration for employees of such fair share
entities through September 30, 2012: Provided further, That of
those funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal
Employees' Compensation Act, $59,488,000 shall be made
available to the Secretary as follows:
(1) For enhancement and maintenance of automated
data processing systems and telecommunications systems,
$17,253,000;
(2) For automated workload processing operations,
including document imaging, centralized mail intake,
and medical bill processing, $26,769,000;
(3) For periodic roll management and medical
review, $15,466,000; and
(4) The remaining funds shall be paid into the
Treasury as miscellaneous receipts:
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits under
5 U.S.C. 81, or the Longshore and Harbor Workers' Compensation
Act, provide as part of such notice and claim, such identifying
information (including Social Security account number) as such
regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275,
$141,227,000, to remain available until expended.
For making after July 31 of the current fiscal year,
benefit payments to individuals under title IV of such Act, for
costs incurred in the current fiscal year, such amounts as may
be necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2013, $40,000,000, to remain available
until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $52,147,000, to
remain available until expended: Provided, That the Secretary
may require that any person filing a claim for benefits under
the Act provide as part of such claim such identifying
information (including Social Security account number) as may
be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung
Disability Trust Fund (``Fund''), to remain available until
expended, for payment of all benefits authorized by section
9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of
1986; and repayment of, and payment of interest on advances, as
authorized by section 9501(d)(4) of that Act. In addition, the
following amounts may be expended from the Fund for fiscal year
2012 for expenses of operation and administration of the Black
Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $32,906,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed
$25,217,000 for transfer to Departmental Management, ``Salaries
and Expenses''; not to exceed $327,000 for transfer to
Departmental Management, ``Office of Inspector General''; and
not to exceed $356,000 for payments into miscellaneous receipts
for the expenses of the Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and
Health Administration, $565,857,000, including not to exceed
$104,393,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational Safety
and Health Act (``Act''), which grants shall be no less than 50
percent of the costs of State occupational safety and health
programs required to be incurred under plans approved by the
Secretary under section 18 of the Act; and, in addition,
notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $200,000 per fiscal year
of training institute course tuition fees, otherwise authorized
by law to be collected, and may utilize such sums for
occupational safety and health training and education:
Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is
authorized, during the fiscal year ending September 30, 2012,
to collect and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums, in
accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that
ensure the safety of equipment and products used by workers in
the workplace: Provided further, That none of the funds
appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any
standard, rule, regulation, or order under the Act which is
applicable to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds
appropriated under this paragraph shall be obligated or
expended to administer or enforce any standard, rule,
regulation, or order under the Act with respect to any employer
of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (DART)
occupational injury and illness rate, at the most precise
industrial classification code for which such data are
published, less than the national average rate as such rates
are most recently published by the Secretary, acting through
the Bureau of Labor Statistics, in accordance with section 24
of the Act, except--
(1) to provide, as authorized by the Act,
consultation, technical assistance, educational and
training services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a citation
for violations found during such inspection, and to
assess a penalty for violations which are not corrected
within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by the Act with
respect to imminent dangers;
(4) to take any action authorized by the Act with
respect to health hazards;
(5) to take any action authorized by the Act with
respect to a report of an employment accident which is
fatal to one or more employees or which results in
hospitalization of two or more employees, and to take
any action pursuant to such investigation authorized by
the Act; and
(6) to take any action authorized by the Act with
respect to complaints of discrimination against
employees for exercising rights under the Act:
Provided further, That the foregoing proviso shall not apply
to any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That $10,729,000 shall be
available for Susan Harwood training grants.
Mine Safety and Health Administration
salaries and expenses
(including transfer of funds)
For necessary expenses for the Mine Safety and Health
Administration, $374,000,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue and
first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities; in addition, not to exceed $750,000 may be
collected by the National Mine Health and Safety Academy for
room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available
for mine safety and health education and training activities,
notwithstanding 31 U.S.C. 3302; and, in addition, the Mine
Safety and Health Administration may retain up to $1,499,000
from fees collected for the approval and certification of
equipment, materials, and explosives for use in mines, and may
utilize such sums for such activities; and, in addition, the
Secretary may transfer from amounts provided under this heading
up to $3,000,000 to ``Departmental Management'' for activities
related to the Office of the Solicitor's caseload before the
Federal Mine Safety and Health Review Commission; the Secretary
is authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, or
private; the Mine Safety and Health Administration is
authorized to promote health and safety education and training
in the mining community through cooperative programs with
States, industry, and safety associations; the Secretary is
authorized to recognize the Joseph A. Holmes Safety Association
as a principal safety association and, notwithstanding any
other provision of law, may provide funds and, with or without
reimbursement, personnel, including service of Mine Safety and
Health Administration officials as officers in local chapters
or in the national organization; and any funds available to the
Department of Labor may be used, with the approval of the
Secretary, to provide for the costs of mine rescue and survival
operations in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$542,921,000, together with not to exceed $67,303,000 which may
be expended from the Employment Security Administration Account
in the Unemployment Trust Fund, of which $1,500,000 may be used
to fund the mass layoff statistics program under section 15 of
the Wagner-Peyser Act.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $38,953,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management,
including the hire of three passenger motor vehicles,
$346,683,000, together with not to exceed $326,000, which may
be expended from the Employment Security Administration Account
in the Unemployment Trust Fund: Provided, That $66,500,000 for
the Bureau of International Labor Affairs shall be available
for obligation through December 31, 2012: Provided further,
That funds available to the Bureau of International Labor
Affairs may be used to administer or operate international
labor activities, bilateral and multilateral technical
assistance, and microfinance programs, by or through contracts,
grants, subgrants and other arrangements: Provided further,
That $40,000,000 shall be for programs to combat exploitative
child labor internationally: Provided further, That not less
than $6,500,000 shall be used to implement model programs that
address worker rights issues through technical assistance in
countries with which the United States has free trade
agreements or trade preference programs: Provided further,
That $8,500,000 shall be used for program evaluation and shall
be available for obligation through September 30, 2013:
Provided further, That funds available for program evaluation
may be transferred to any other appropriate account in the
Department for such purpose: Provided further, That the funds
available to the Women's Bureau may be used for grants to serve
and promote the interests of women in the workforce.
veterans employment and training
Not to exceed $212,060,000 may be derived from the
Employment Security Administration Account in the Unemployment
Trust Fund to carry out the provisions of 38 U.S.C. 4100-4113,
4211-4215, and 4321-4327, and Public Law 103-353, and which
shall be available for obligation by the States through
December 31, 2012, of which $2,444,000 is for the National
Veterans' Employment and Training Services Institute.
In addition, to carry out Department of Labor programs
under section 5(a)(1) of the Homeless Veterans Comprehensive
Assistance Act of 2001 and the Veterans Workforce Investment
Programs under section 168 of the WIA, $52,879,000, of which
$14,622,000 shall be available for obligation for the period
July 1, 2012 through June 30, 2013.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to
support systems and modernization, $19,852,000.
office of inspector general
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, $77,937,000, together with not to exceed
$5,909,000 which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for
the Job Corps shall be used to pay the salary and bonuses of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for the Department of Labor in this Act may be
transferred between a program, project, or activity, but no
such program, project, or activity shall be increased by more
than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall be available
only to meet emergency needs and shall not be used to create
any new program or to fund any project or activity for which no
funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any
transfer.
Sec. 103. In accordance with Executive Order No. 13126,
none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, in whole or in part, by forced
or indentured child labor in industries and host countries
already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. None of the funds made available to the
Department of Labor for grants under section 414(c) of the
American Competitiveness and Workforce Improvement Act of 1998
may be used for any purpose other than competitive grants for
training in the occupations and industries for which employers
are using H-1B visas to hire foreign workers, and the related
activities necessary to support such training.
Sec. 105. None of the funds made available by this Act
under the heading ``Employment and Training Administration''
shall be used by a recipient or subrecipient of such funds to
pay the salary and bonuses of an individual, either as direct
costs or indirect costs, at a rate in excess of Executive Level
II. This limitation shall not apply to vendors providing goods
and services as defined in Office of Management and Budget
Circular A-133. Where States are recipients of such funds,
States may establish a lower limit for salaries and bonuses of
those receiving salaries and bonuses from subrecipients of such
funds, taking into account factors including the relative cost-
of-living in the State, the compensation levels for comparable
State or local government employees, and the size of the
organizations that administer Federal programs involved
including Employment and Training Administration programs.
Notwithstanding this section, the limitation on salaries for
the Job Corps shall continue to be governed by section 101.
Sec. 106. The Secretary shall take no action to amend,
through regulatory or administration action, the definition
established in section 667.220 of title 20 of the Code of
Federal Regulations for functions and activities under title I
of WIA, or to modify, through regulatory or administrative
action, the procedure for redesignation of local areas as
specified in subtitle B of title I of that Act (including
applying the standards specified in section 116(a)(3)(B) of
that Act, but notwithstanding the time limits specified in
section 116(a)(3)(B) of that Act), until such time as
legislation reauthorizing the Act is enacted. Nothing in the
preceding sentence shall permit or require the Secretary to
withdraw approval for such redesignation from a State that
received the approval not later than October 12, 2005, or to
revise action taken or modify the redesignation procedure being
used by the Secretary in order to complete such redesignation
for a State that initiated the process of such redesignation by
submitting any request for such redesignation not later than
October 26, 2005.
(including transfer of funds)
Sec. 107. Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act or by Public Law 112-10, either
directly or through a set-aside, for technical assistance
services to grantees to ``Program Administration'' when it is
determined that those services will be more efficiently
performed by Federal employees.
(including transfer of funds)
Sec. 108. (a) The Secretary may reserve not more than 0.5
percent from each appropriation made available in this Act
identified in subsection (b) in order to carry out evaluations
of any of the programs or activities that are funded under such
accounts. Any funds reserved under this section shall be
transferred to ``Departmental Management'' for use by the
Office of the Chief Evaluation Officer within the Department of
Labor, and shall be available for obligation through September
30, 2013: Provided, That such funds shall only be available if
the Chief Evaluation Officer of the Department of Labor submits
a plan to the Committees on Appropriations of the House of
Representatives and the Senate describing the evaluations to be
carried out 15 days in advance of any transfer.
(b) The accounts referred to in subsection (a) are:
``Office of Job Corps'', ``State Unemployment Insurance and
Employment Service Operations'', ``Employee Benefits Security
Administration'', ``Office of Workers' Compensation Programs'',
``Wage and Hour Division'', ``Office of Federal Contract
Compliance Programs'', ``Office of Labor Management
Standards'', ``Occupational Safety and Health Administration'',
``Mine Safety and Health Administration'', and ``Veterans
Employment and Training''.
Sec. 109. None of the funds made available by this Act may
be used to promulgate the Definition of ``Fiduciary''
regulation (Regulatory Identification Number 1210-AB32)
published by the Employee Benefits Security Administration of
the Department of Labor on October 22, 2010 (75 Fed. Reg.
65263).
Sec. 110. None of the amounts made available under this
Act may be used to implement the rule entitled ``Wage
Methodology for the Temporary Non-Agricultural Employment H-2B
Program'' (76 Fed. Reg. 3452 (January 19, 2011)).
Sec. 111. None of the funds made available by this Act may
be used to continue the development of or to promulgate,
administer, enforce, or otherwise implement the Occupational
Injury and Illness Recording and Reporting Requirements--
Musculoskeletal Disorders (MSD) Column regulation (Regulatory
Identification Number 1218-AC45) being developed by the
Occupational Safety and Health Administration of the Department
of Labor.
Sec. 112. None of the funds made available by this Act may
be used to implement or enforce the proposed rule entitled
``Lowering Miners' Exposure to Coal Mine Dust, Including
Continuous Personal Dust Monitors'' regulation published by the
Mine Safety and Health Administration (MSHA) of the Department
of Labor on October 19, 2010 (75 Fed. Reg. 64412, RIN 1219-
AB64) until--
(1) the Government Accountability Office--
(A) issues, at a minimum, an interim report
which--
(i) evaluates the completeness of
MSHA's data collection and sampling, to
include an analysis of whether such
data supports current trends of the
incidence of lung disease arising from
occupational exposure to respirable
coal mine dust across working
underground coal miners; and
(ii) assesses the sufficiency of
MSHA's analytical methodology; and
(B) not later than 240 days after enactment
of this Act, submits the report described in
subparagraph (A) to the Committees on
Appropriations of the House of Representatives
and the Senate; or
(2) the deadline described in paragraph (1)(B) for
submission of the report has passed.
Sec. 113. None of the funds made available by this Act may
be used by the Secretary to administer or enforce 29 CFR
779.372(c)(4).
This title may be cited as the ``Department of Labor
Appropriations Act, 2012''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health
Service Act (referred to in this Act as the ``PHS Act'') with
respect to primary health care and the Native Hawaiian Health
Care Act of 1988, $1,598,957,000, of which $129,000 shall be
available until expended for facilities renovations at the
Gillis W. Long Hansen's Disease Center: Provided, That no more
than $40,000 shall be available until expended for carrying out
the provisions of section 224(o) of the PHS Act, including
associated administrative expenses and relevant evaluations:
Provided further, That no more than $95,073,000 shall be
available until expended for carrying out the provisions of
Public Law 104-73 and for expenses incurred by the Department
of Health and Human Services (referred to in this Act as
``HHS'') pertaining to administrative claims made under such
law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act
with respect to the health workforce, section 1128E of the
Social Security Act, and the Health Care Quality Improvement
Act of 1986, $734,402,000: Provided, That sections 747(c)(2),
751(j)(2), and the proportional funding amounts in paragraphs
(1) through (4) of section 756(e) of the PHS Act shall not
apply to funds made available under this heading: Provided
further, That for any program operating under section 751 of
the PHS Act on or before January 1, 2009, the Secretary of
Health and Human Services (referred to in this title as
``Secretary'') may waive any of the requirements contained in
sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the full
project period of a grant under such section: Provided
further, That no funds shall be available for section 340G-1 of
the PHS Act: Provided further, That in addition to fees
authorized by section 427(b) of the Health Care Quality
Improvement Act of 1986, fees shall be collected for the full
disclosure of information under such Act sufficient to recover
the full costs of operating the National Practitioner Data Bank
and shall remain available until expended to carry out that
Act: Provided further, That fees collected for the full
disclosure of information under the ``Health Care Fraud and
Abuse Data Collection Program'', authorized by section
1128E(d)(2) of the Social Security Act, shall be sufficient to
recover the full costs of operating the program, and shall
remain available until expended to carry out that Act:
Provided further, That funds transferred to this account to
carry out section 846 and subpart 3 of part D of title III of
the PHS Act may be used to make prior year adjustments to
awards made under such sections.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS
Act with respect to maternal and child health, title V of the
Social Security Act, and section 712 of the American Jobs
Creation Act of 2004, $863,607,000: Provided, That
notwithstanding sections 502(a)(1) and 502(b)(1) of the Social
Security Act, not more than $79,586,000 shall be available for
carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act and
$10,400,000 shall be available for projects described in
paragraphs (A) through (F) of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,326,665,000, of which
$1,995,670,000 shall remain available to the Secretary of
Health and Human Services through September 30, 2014, for parts
A and B of title XXVI of the PHS Act, and of which not less
than $900,000,000 shall be for State AIDS Drug Assistance
Programs under the authority of section 2616 or 311(c) of such
Act: Provided, That in addition to amounts provided herein,
$25,000,000 shall be available from amounts available under
section 241 of the PHS Act to carry out parts A, B, C, and D of
title XXVI of the PHS Act to fund Special Projects of National
Significance under section 2691.
health care systems
For carrying out titles III and XII of the PHS Act with
respect to health care systems, and the Stem Cell Therapeutic
and Research Act of 2005, $83,526,000.
rural health
For carrying out titles III and IV of the PHS Act with
respect to rural health, section 427(a) of the Federal Coal
Mine Health and Safety Act, the Cardiac Arrest Survival Act of
2000, and sections 711 and 1820 of the Social Security Act,
$139,832,000, of which $41,118,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act,
shall be available for carrying out the Medicare rural hospital
flexibility grants program: Provided, That of the funds made
available under this heading for Medicare rural hospital
flexibility grants, $15,000,000 shall be available for the
Small Rural Hospital Improvement Grant Program for quality
improvement and adoption of health information technology and
$1,000,000 shall be to carry out section 1820(g)(6) of the
Social Security Act, with funds provided for grants under
section 1820(g)(6) available for the purchase and
implementation of telehealth services, including pilots and
demonstrations on the use of electronic health records to
coordinate rural veterans care between rural providers and the
Department of Veterans Affairs electronic health record system:
Provided further, That notwithstanding section 338J(k) of the
PHS Act, $10,055,000 shall be available for State Offices of
Rural Health.
family planning
For carrying out the program under title X of the PHS Act
to provide for voluntary family planning projects,
$297,400,000: Provided, That amounts provided to said projects
under such title shall not be expended for abortions, that all
pregnancy counseling shall be nondirective, and that such
amounts shall not be expended for any activity (including the
publication or distribution of literature) that in any way
tends to promote public support or opposition to any
legislative proposal or candidate for public office.
program management
For program support in the Health Resources and Services
Administration, $161,815,000: Provided, That funds made
available under this heading may be used to supplement program
support funding provided under the headings ``Primary Health
Care'', ``Health Workforce'', ``Maternal and Child Health'',
``Ryan White HIV/AIDS Program'', ``Health Care Systems'', and
``Rural Health''.
health education assistance loans program account
Such sums as may be necessary to carry out the purpose of
the program, as authorized by title VII of the PHS Act. For
administrative expenses to carry out the guaranteed loan
program, including section 709 of the PHS Act, $2,841,000.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program
Trust Fund (``Trust Fund''), such sums as may be necessary for
claims associated with vaccine-related injury or death with
respect to vaccines administered after September 30, 1988,
pursuant to subtitle 2 of title XXI of the PHS Act, to remain
available until expended: Provided, That for necessary
administrative expenses, not to exceed $6,489,000 shall be
available from the Trust Fund to the Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, VII, XVII, and XXI, and
section 2821 of the PHS Act, titles II and IV of the
Immigration and Nationality Act, and section 501 of the Refugee
Education Assistance Act, with respect to immunization and
respiratory diseases, $579,375,000: Provided, That in addition
to amounts provided herein, $12,864,000 shall be available from
amounts available under section 241 of the PHS Act to carry out
the National Immunization Surveys.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, VII, XVII, XXIII, and XXVI
of the PHS Act with respect to HIV/AIDS, viral hepatitis,
sexually transmitted diseases, and tuberculosis prevention,
$1,105,995,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, VII, and XVII, and section
2821 of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to emerging and zoonotic
infectious diseases, $253,919,000.
chronic disease prevention and health promotion
For carrying out titles II, III, VII, XI, XV, XVII, and XIX
of the PHS Act with respect to chronic disease prevention and
health promotion, $760,700,000: Provided, That funds
appropriated under this account may be available for making
grants under section 1509 of the PHS Act for not less than 21
States, tribes, or tribal organizations.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, VII, XI, and XVII of the
PHS Act with respect to birth defects, developmental
disabilities, disabilities and health, $138,072,000.
public health scientific services
For carrying out titles II and III of the PHS Act with
respect to health statistics, surveillance, informatics, and
workforce development, $144,795,000: Provided, That in
addition to amounts provided herein, $247,769,000 shall be
available from amounts available under section 241 of the PHS
Act to carry out Public Health Scientific Services.
environmental health
For carrying out titles II, III, VII, and XVII of the PHS
Act with respect to environmental health, $105,598,000.
injury prevention and control
For carrying out titles II, III, VII, and XVII of the PHS
Act with respect to injury prevention and control,
$138,480,000.
national institute for occupational safety and health
For carrying out titles II, III, VII, and XVII of the PHS
Act, sections 101, 102, 103, 201, 202, 203, 301, 501, and 514
of the Federal Mine Safety and Health Act, section 13 of the
Mine Improvement and New Emergency Response Act, and sections
20, 21, and 22 of the Occupational Safety and Health Act, with
respect to occupational safety and health, $182,903,000:
Provided, That in addition to amounts provided herein,
$110,724,000 shall be available from amounts available under
section 241 of the PHS Act.
employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to
remain available until expended, of which $4,500,000 shall be
for use by or in support of the Advisory Board on Radiation and
Worker Health (``Board'') to carry out its statutory
responsibilities, including obtaining audits, technical
assistance, and other support from the Board's audit contractor
with regard to radiation dose estimation and reconstruction
efforts, site profiles, procedures, and review of Special
Exposure Cohort petitions and evaluation reports: Provided,
That this amount shall be available consistent with the
provision regarding administrative expenses in section 151(b)
of division B, title I of Public Law 106-554.
global health
For carrying out titles II, III, VII and XVII of the PHS
Act with respect to global health, $349,547,000, of which
$118,023,000 for international HIV/AIDS shall remain available
through September 30, 2013: Provided, That funds may be used
for purchase and insurance of official motor vehicles in
foreign countries.
public health preparedness and response
For carrying out titles II, III, VII, and XVII of the PHS
Act with respect to public health preparedness and response,
and for expenses necessary to support activities related to
countering potential biological, nuclear, radiological, and
chemical threats to civilian populations, $1,306,906,000, of
which $509,486,000 shall remain available until expended for
the Strategic National Stockpile under section 319F-2 of the
PHS Act.
cdc-wide activities and program support
For carrying out titles II, III, VII, XVII and XIX, and
section 2821 of the PHS Act and for cross-cutting activities
and program support that supplement activities funded under the
headings ``Immunization and Respiratory Diseases'', ``HIV/AIDS,
Viral Hepatitis, Sexually Transmitted Diseases, and
Tuberculosis Prevention'', ``Emerging and Zoonotic Infectious
Diseases'', ``Chronic Disease Prevention and Health
Promotion'', ``Birth Defects, Developmental Disabilities,
Disabilities and Health'', ``Environmental Health'', ``Injury
Prevention and Control'', ``National Institute for Occupational
Safety and Health'', ``Employees Occupational Illness
Compensation Program Act'', ``Global Health'', ``Public Health
Preparedness and Response'', and ``Public Health Scientific
Services'', $621,445,000, of which $30,000,000 shall be
available until September 30, 2013 for business services, of
which $25,000,000 shall be available until September 30, 2016
for equipment, construction and renovation of facilities, and
of which $80,000,000 shall be for the Preventive Health and
Health Services Block Grant Program: Provided, That paragraphs
(1) through (3) of subsection (b) of section 2821 of the PHS
Act shall not apply to funds appropriated under this heading
and in all other accounts of the Centers for Disease Control
and Prevention (referred to in this title as ``CDC''):
Provided further, That funds appropriated under this heading
and in all other accounts of CDC may be used to support the
purchase, hire, maintenance, and operation of aircraft for use
and support of the activities of CDC: Provided further, That
employees of CDC or the Public Health Service, both civilian
and commissioned officers, detailed to States, municipalities,
or other organizations under authority of section 214 of the
PHS Act, or in overseas assignments, shall be treated as non-
Federal employees for reporting purposes only and shall not be
included within any personnel ceiling applicable to the Agency,
Service, or HHS during the period of detail or assignment:
Provided further, That CDC may use up to $10,000 from amounts
appropriated to CDC in this Act for official reception and
representation expenses when specifically approved by the
Director of CDC: Provided further, That in addition, such sums
as may be derived from authorized user fees, which shall be
credited to the appropriation charged with the cost thereof:
Provided further, That with respect to the previous proviso,
authorized user fees from the Vessel Sanitation Program shall
be available through September 30, 2013: Provided further,
That of the funds made available under this heading, up to
$1,000 per eligible employee of CDC shall be made available
until expended for Individual Learning Accounts: Provided
further, That CDC may establish a Working Capital Fund, with
the authorities equivalent to those provided in 42 U.S.C. 231,
to improve the provision of supplies and service.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act
with respect to cancer, $5,081,788,000, of which up to
$8,000,000 may be used for facilities repairs and improvements
at the National Cancer Institute--Frederick Federally Funded
Research and Development Center in Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act
with respect to cardiovascular, lung, and blood diseases, and
blood and blood products, $3,084,851,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act
with respect to dental disease, $411,488,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act
with respect to diabetes and digestive and kidney disease,
$1,800,447,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act
with respect to neurological disorders and stroke,
$1,629,445,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act
with respect to allergy and infectious diseases,
$4,499,215,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act
with respect to general medical sciences, $2,434,637,000:
Provided, That not less than $276,480,000 is provided for the
Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act
with respect to child health and human development,
$1,323,900,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act
with respect to eye diseases and visual disorders,
$704,043,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act
with respect to environmental health sciences, $686,869,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act
with respect to aging, $1,105,530,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act
with respect to arthritis and musculoskeletal and skin
diseases, $536,801,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act
with respect to deafness and other communication disorders,
$417,061,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act
with respect to nursing research, $145,043,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act
with respect to alcohol abuse and alcoholism, $460,389,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act
with respect to drug abuse, $1,055,362,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act
with respect to mental health, $1,483,068,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act
with respect to human genome research, $513,844,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act
with respect to biomedical imaging and bioengineering research,
$338,998,000.
national center for complementary and alternative medicine
For carrying out section 301 and title IV of the PHS Act
with respect to complementary and alternative medicine,
$128,299,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act
with respect to minority health and health disparities
research, $276,963,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title
IV of the PHS Act), $69,754,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act
with respect to health information communications,
$338,278,000, of which $4,000,000 shall be available until
September 30, 2013, for improvement of information systems:
Provided, That in fiscal year 2012, the National Library of
Medicine may enter into personal services contracts for the
provision of services in facilities owned, operated, or
constructed under the jurisdiction of the National Institutes
of Health (referred to in this title as ``NIH''): Provided
further, That in addition to amounts provided herein,
$8,200,000 shall be available from amounts available under
section 241 of the PHS Act to carry out the purposes of the
National Information Center on Health Services Research and
Health Care Technology established under section 478A of the
PHS Act and related health services.
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act
with respect to translational sciences, $576,456,000:
Provided, That up to $10,000,000 shall be available to
implement section 402C of the PHS Act, relating to the Cures
Acceleration Network: Provided further, That funds
appropriated may be used to support the reorganization and
activities required to eliminate the National Center for
Research Resources: Provided further, That the Director of the
NIH shall ensure that, of all funds made available to
Institute, Center, and Office of the Director accounts within
``Department of Health and Human Services, National Institutes
of Health'', at least $487,767,000 is provided to the Clinical
and Translational Sciences Awards program.
office of the director
For carrying out the responsibilities of the Office of the
Director, NIH, $1,461,880,000, of which up to $25,000,000 shall
be used to carry out section 213 of this Act: Provided, That
funding shall be available for the purchase of not to exceed 29
passenger motor vehicles for replacement only: Provided
further, That NIH is authorized to collect third-party payments
for the cost of clinical services that are incurred in NIH
research facilities and that such payments shall be credited to
the NIH Management Fund: Provided further, That all funds
credited to the NIH Management Fund shall remain available for
one fiscal year after the fiscal year in which they are
deposited: Provided further, That $193,880,000 shall be
available for continuation of the National Children's Study:
Provided further, That $545,962,000 shall be available for the
Common Fund established under section 402A(c)(1) of the PHS
Act: Provided further, That of the funds provided $10,000
shall be for official reception and representation expenses
when specifically approved by the Director of the NIH:
Provided further, That the Office of AIDS Research within the
Office of the Director of the NIH may spend up to $8,000,000 to
make grants for construction or renovation of facilities as
provided for in section 2354(a)(5)(B) of the PHS Act.
buildings and facilities
For the study of, construction of, renovation of, and
acquisition of equipment for, facilities of or used by NIH,
including the acquisition of real property, $125,581,000, to
remain available until September 30, 2016.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, and the Protection and Advocacy for
Individuals with Mental Illness Act, $934,853,000: Provided,
That notwithstanding section 520A(f)(2) of the PHS Act, no
funds appropriated for carrying out section 520A shall be
available for carrying out section 1971 of the PHS Act:
Provided further, That in addition to amounts provided herein,
$21,039,000 shall be available under section 241 of the PHS Act
to carry out subpart I of part B of title XIX of the PHS Act to
fund section 1920(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1920(b) activities
shall not exceed 5 percent of the amounts appropriated for
subpart I of part B of title XIX: Provided further, That
section 520E(b)(2) of the PHS Act shall not apply to funds
appropriated under this Act for fiscal year 2012: Provided
further, That of the amount appropriated under this heading,
$45,800,000 shall be for the National Child Traumatic Stress
Initiative as described in section 582 of the PHS Act.
substance abuse treatment
For carrying out titles III, V, and XIX of the PHS Act with
respect to substance abuse treatment and section 1922(a) of the
PHS Act with respect to substance abuse prevention,
$2,123,993,000: Provided, That in addition to amounts provided
herein, the following amounts shall be available under section
241 of the PHS Act: (1) $79,200,000 to carry out subpart II of
part B of title XIX of the PHS Act to fund section 1935(b)
technical assistance, national data, data collection and
evaluation activities, and further that the total available
under this Act for section 1935(b) activities shall not exceed
5 percent of the amounts appropriated for subpart II of part B
of title XIX; and (2) $2,000,000 to evaluate substance abuse
treatment programs: Provided further, That no funds shall be
available for the National All Schedules Prescription Reporting
system.
substance abuse prevention
For carrying out titles III and V of the PHS Act with
respect to substance abuse prevention, $186,361,000.
health surveillance and program support
For program support and cross-cutting activities that
supplement activities funded under the headings ``Mental
Health'', ``Substance Abuse Treatment'', and ``Substance Abuse
Prevention'' in carrying out titles III, V and XIX of the PHS
Act and the Protection and Advocacy for Individuals with Mental
Illness Act in the Substance Abuse and Mental Health Services
Administration, $109,106,000: Provided, That in addition to
amounts provided herein, $27,428,000 shall be available under
section 241 of the PHS Act to supplement funds available to
carry out national surveys on drug abuse and mental health, to
collect and analyze program data, and to conduct public
awareness and technical assistance activities: Provided
further, That funds made available under this heading may be
used to supplement program support funding provided under the
headings ``Mental Health'', ``Substance Abuse Treatment'', and
``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A
of title XI of the Social Security Act, and section 1013 of the
Medicare Prescription Drug, Improvement, and Modernization Act
of 2003, $369,053,000 shall be available from amounts available
under section 241 of the PHS Act, notwithstanding subsection
947(c) of such Act: Provided, That in addition, amounts
received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited
to this appropriation and shall remain available until
September 30, 2013.
Centers for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $184,279,110,000, to remain
available until expended.
For making, after May 31, 2012, payments to States under
title XIX or in the case of section 1928 on behalf of States
under title XIX of the Social Security Act for the last quarter
of fiscal year 2012 for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making payments to States or in the case of section
1928 on behalf of States under title XIX of the Social Security
Act for the first quarter of fiscal year 2013, $90,614,082,000,
to remain available until expended.
Payment under such title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect during
such quarter, if submitted in or prior to such quarter and
approved in that or any subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund, as
provided under sections 217(g), 1844, and 1860D-16 of the
Social Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d)(3) of Public Law
97-248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $230,741,378,000.
In addition, for making matching payments under section
1844 and benefit payments under section 1860D-16 of the Social
Security Act that were not anticipated in budget estimates,
such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII and
XXVII of the PHS Act, the Clinical Laboratory Improvement
Amendments of 1988, and other responsibilities of the Centers
for Medicare and Medicaid Services, not to exceed
$3,879,476,000, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in
accordance with section 353 of the PHS Act and section
1857(e)(2) of the Social Security Act, funds retained by the
Secretary pursuant to section 302 of the Tax Relief and Health
Care Act of 2006; and such sums as may be collected from
authorized user fees and the sale of data, which shall be
credited to this account and remain available until September
30, 2017: Provided, That all funds derived in accordance with
31 U.S.C. 9701 from organizations established under title XIII
of the PHS Act shall be credited to and available for carrying
out the purposes of this appropriation: Provided further, That
$34,000,000, to remain available through September 30, 2013,
shall be for contract costs for the Healthcare Integrated
General Ledger Accounting System: Provided further, That the
Secretary is directed to collect fees in fiscal year 2012 from
Medicare Advantage organizations pursuant to section 1857(e)(2)
of the Social Security Act and from eligible organizations with
risk-sharing contracts under section 1876 of that Act pursuant
to section 1876(k)(4)(D) of that Act: Provided further, That
$44,000,000 shall be available for the State high-risk health
insurance pool program as authorized by the State High Risk
Pool Funding Extension Act of 2006.
health care fraud and abuse control account
In addition to amounts otherwise available for program
integrity and program management, $310,377,000, to remain
available through September 30, 2013, to be transferred from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act, of which
$219,879,000 shall be for the Medicare Integrity Program at the
Centers for Medicare and Medicaid Services, including
administrative costs, to conduct oversight activities for
Medicare Advantage under Part C and the Medicare Prescription
Drug Program under Part D of the Social Security Act and for
activities described in section 1893(b) of such Act, of which
$29,730,000 shall be for the Department of Health and Human
Services Office of Inspector General to carry out fraud and
abuse activities authorized by section 1817(k)(3) of such Act,
of which $31,038,000 shall be for the Medicaid and Children's
Health Insurance Program (``CHIP'') program integrity
activities, and of which $29,730,000 shall be for the
Department of Justice to carry out fraud and abuse activities
authorized by section 1817(k)(3) of such Act: Provided, That
the report required by section 1817(k)(5) of the Social
Security Act for fiscal year 2012 shall include measures of the
operational efficiency and impact on fraud, waste, and abuse in
the Medicare, Medicaid, and CHIP programs for the funds
provided by this appropriation.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For making payments to States or other non-Federal entities
under titles I, IV-D, X, XI, XIV, and XVI of the Social
Security Act and the Act of July 5, 1960, $2,305,035,000, to
remain available until expended; and for such purposes for the
first quarter of fiscal year 2013, $1,100,000,000, to remain
available until expended.
For making payments to each State for carrying out the
program of Aid to Families with Dependent Children under title
IV-A of the Social Security Act before the effective date of
the program of Temporary Assistance for Needy Families with
respect to such State, such sums as may be necessary:
Provided, That the sum of the amounts available to a State with
respect to expenditures under such title IV-A in fiscal year
1997 under this appropriation and under such title IV-A as
amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not exceed the limitations
under section 116(b) of such Act.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under titles
I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960, for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of
section 2602 of the Low Income Home Energy Assistance Act of
1981, $3,478,246,000: Provided, That all but $497,000,000 of
such funds shall be allocated as though the total appropriation
for such payments for fiscal year 2012 was less than
$1,975,000,000: Provided further, That notwithstanding section
2609A(a), of the amounts appropriated under section 2602(b),
not more than $3,000,000 of such amounts may be reserved by the
Secretary for technical assistance, training, and monitoring of
program activities for compliance with internal controls,
policies and procedures.
refugee and entrant assistance
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980, for carrying out section 462 of the
Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008, and the Trafficking Victims Protection Act of 2000,
for costs associated with the care and placement of
unaccompanied alien children, and for carrying out the Torture
Victims Relief Act of 1998, $769,789,000, of which up to
$9,794,000 shall be available to carry out the Trafficking
Victims Protection Act of 2000: Provided, That funds
appropriated under this heading pursuant to section 414(a) of
the Immigration and Nationality Act, section 462 of the
Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008, and the Trafficking Victims Protection Act of 2000 for
fiscal year 2012 shall be available for the costs of assistance
provided and other activities to remain available through
September 30, 2014.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant
Act of 1990, $2,282,627,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance
for low-income families: Provided, That $19,433,000 shall be
available for child care resource and referral and school-aged
child care activities, of which $1,000,000 shall be available
to the Secretary for a competitive grant for the operation of a
national toll free hotline and Web site to develop and
disseminate child care consumer education information for
parents and help parents access child care in their local
community: Provided further, That, in addition to the amounts
required to be reserved by the States under section 658G,
$291,248,000 shall be reserved by the States for activities
authorized under section 658G, of which $106,813,000 shall be
for activities that improve the quality of infant and toddler
care: Provided further, That $9,890,000 shall be for use by
the Secretary for child care research, demonstration, and
evaluation activities.
social services block grant
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX of
such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Developmental Disabilities
Assistance and Bill of Rights Act, the Head Start Act, the
Child Abuse Prevention and Treatment Act, sections 303 and 313
of the Family Violence Prevention and Services Act, the Native
American Programs Act of 1974, title II of the Child Abuse
Prevention and Treatment and Adoption Reform Act of 1978
(adoption opportunities), the Abandoned Infants Assistance Act
of 1988, section 291 of the Help America Vote Act of 2002, part
B-1 of title IV and sections 413, 1110, and 1115 of the Social
Security Act; for making payments under the Community Services
Block Grant Act (``CSBG Act''), sections 439(i), 473B, and
477(i) of the Social Security Act, and the Assets for
Independence Act; and for necessary administrative expenses to
carry out such Acts and titles I, IV, V, X, XI, XIV, XVI, and
XX of the Social Security Act, the Act of July 5, 1960, the Low
Income Home Energy Assistance Act of 1981, title IV of the
Immigration and Nationality Act, and section 501 of the Refugee
Education Assistance Act of 1980, $9,926,709,000, of which
$39,421,000, to remain available through September 30, 2013,
shall be for grants to States for adoption incentive payments,
as authorized by section 473A of the Social Security Act and
may be made for adoptions completed before September 30, 2012:
Provided, That $7,983,633,000 shall be for making payments
under the Head Start Act: Provided further, That for purposes
of allocating funds described by the immediately preceding
proviso, the term ``base grant'' as used in subsection
(a)(7)(A) of section 640 of such Act with respect to funding
provided to a Head Start agency (including each Early Head
Start agency) for fiscal year 2011 shall be calculated as
described in such subsection and to which amount shall be added
50 percent of the amount of funds appropriated under the
heading ``Department of Health and Human Services,
Administration for Children and Families, Children and Family
Services Programs'' in Public Law 111-5 and provided to such
agency for carrying out expansion of Head Start programs, as
that phrase is used in subsection (a)(4)(D) of such section
640, and provided to such agency as the ongoing funding level
for operations in the 12-month period beginning in fiscal year
2010: Provided further, That $713,630,000 shall be for making
payments under the CSBG Act: Provided further, That
$35,340,000 shall be for sections 680 and 678E(b)(2) of the
CSBG Act, of which not less than $30,000,000 shall be for
section 680(a)(2) and not less than $4,990,000 shall be for
section 680(a)(3)(B) of such Act: Provided further, That in
addition to amounts provided herein, $5,762,000 shall be
available from amounts available under section 241 of the PHS
Act to carry out the provisions of section 1110 of the Social
Security Act: Provided further, That to the extent Community
Services Block Grant funds are distributed as grant funds by a
State to an eligible entity as provided under the CSBG Act, and
have not been expended by such entity, they shall remain with
such entity for carryover into the next fiscal year for
expenditure by such entity consistent with program purposes:
Provided further, That the Secretary shall establish procedures
regarding the disposition of intangible assets and program
income that permit such assets acquired with, and program
income derived from, grant funds authorized under section 680
of the CSBG Act to become the sole property of such grantees
after a period of not more than 12 years after the end of the
grant period for any activity consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That
intangible assets in the form of loans, equity investments and
other debt instruments, and program income may be used by
grantees for any eligible purpose consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That these
procedures shall apply to such grant funds made available after
November 29, 1999: Provided further, That funds appropriated
for section 680(a)(2) of the CSBG Act shall be available for
financing construction and rehabilitation and loans or
investments in private business enterprises owned by community
development corporations: Provided further, That $5,245,000
shall be for activities authorized by section 291 of the Help
America Vote Act of 2002: Provided further, That $1,996,000
shall be for a human services case management system for
federally declared disasters, to include a comprehensive
national case management contract and Federal costs of
administering the system: Provided further, That up to
$2,000,000 shall be for improving the Public Assistance
Reporting Information System, including grants to States to
support data collection for a study of the system's
effectiveness.
promoting safe and stable families
For carrying out section 436 of the Social Security Act,
$345,000,000 and section 437 of such Act, $63,184,000.
payments for foster care and permanency
For making payments to States or other non-Federal entities
under title IV-E of the Social Security Act, $5,153,000,000.
For making payments to States or other non-Federal entities
under title IV-E of the Social Security Act, for the first
quarter of fiscal year 2013, $2,100,000,000.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under section
474 of title IV-E of the Social Security Act, for the last 3
months of the current fiscal year for unanticipated costs,
incurred for the current fiscal year, such sums as may be
necessary.
Administration on Aging
aging services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (``OAA''), section 398 and title
XXIX of the PHS Act, section 119 of the Medicare Improvements
for Patients and Providers Act of 2008, $1,473,703,000:
Provided, That amounts appropriated under this heading may be
used for grants to States under section 361 of the OAA only for
disease prevention and health promotion programs and activities
which have been demonstrated through rigorous evaluation to be
evidence-based and effective: Provided further, That none of
the funds provided shall be used to carry out sections 1701 and
1703 of the PHS Act (with respect to chronic disease self-
management activity grants), except that such funds may be used
for necessary expenses associated with administering any such
grants awarded prior to the date of the enactment of this Act:
Provided further, That the total amount available for fiscal
year 2012 under this and any other Act to carry out activities
related to Aging and Disability Resource Centers under
subsections (a)(20)(B)(iii) and (b)(8) of section 202 of the
OAA shall not exceed the amount obligated for such purposes for
fiscal year 2010 from funds available under Public Law 111-117:
Provided further, That notwithstanding any other provision of
this Act, funds made available under this heading to carry out
section 311 of the OAA may be transferred to the Secretary of
Agriculture in accordance with such section.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, and XXI of the
PHS Act, the United States-Mexico Border Health Commission Act,
and research studies under section 1110 of the Social Security
Act, $475,221,000, together with $69,211,000 from the amounts
available under section 241 of the PHS Act to carry out
national health or human services research and evaluation
activities: Provided, That of this amount, $53,783,000 shall
be for minority AIDS prevention and treatment activities:
Provided further, That of the funds made available under this
heading, $104,790,000 shall be for making competitive contracts
and grants to public and private entities to fund medically
accurate and age appropriate programs that reduce teen
pregnancy and for the Federal costs associated with
administering and evaluating such contracts and grants, of
which not less than $75,000,000 shall be for replicating
programs that have been proven effective through rigorous
evaluation to reduce teenage pregnancy, behavioral risk factors
underlying teenage pregnancy, or other associated risk factors,
of which not less than $25,000,000 shall be available for
research and demonstration grants to develop, replicate,
refine, and test additional models and innovative strategies
for preventing teenage pregnancy, and of which any remaining
amounts shall be available for training and technical
assistance, evaluation, outreach, and additional program
support activities: Provided further, That of the amounts
provided under this heading from amounts available under
section 241 of the PHS Act, $8,455,000 shall be available to
carry out evaluations (including longitudinal evaluations) of
teenage pregnancy prevention approaches: Provided further,
That of the funds made available under this heading, $5,000,000
shall be for making competitive grants to provide abstinence
education (as defined by section 510(b)(2)(A)-(H) of the Social
Security Act) to adolescents, and for Federal costs of
administering the grant: Provided further, That grants made
under the authority of section 510(b)(2)(A)-(H) of the Social
Security Act shall be made only to public and private entities
that agree that, with respect to an adolescent to whom the
entities provide abstinence education under such grant, the
entities will not provide to that adolescent any other
education regarding sexual conduct, except that, in the case of
an entity expressly required by law to provide health
information or services the adolescent shall not be precluded
from seeking health information or services from the entity in
a different setting than the setting in which abstinence
education was provided: Provided further, That funds provided
in this Act for embryo adoption activities may be used to
provide to individuals adopting embryos, through grants and
other mechanisms, medical and administrative services deemed
necessary for such adoptions: Provided further, That such
services shall be provided consistent with 42 CFR 59.5(a)(4).
office of medicare hearings and appeals
For expenses necessary for administrative law judges
responsible for hearing cases under title XVIII of the Social
Security Act (and related provisions of title XI of such Act),
$72,147,000, to be transferred in appropriate part from the
Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts, and cooperative agreements for the
development and advancement of interoperable health information
technology, $16,446,000: Provided, That in addition to amounts
provided herein, $44,811,000 shall be available from amounts
available under section 241 of the PHS Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the Inspector
General Act of 1978, $50,178,000: Provided, That of such
amount, necessary sums shall be available for providing
protective services to the Secretary and investigating non-
payment of child support cases for which non-payment is a
Federal offense under 18 U.S.C. 228: Provided further, That at
least 40 percent of the funds provided in this Act for the
Office of Inspector General shall be used only for
investigations, audits, and evaluations pertaining to the
discretionary programs funded in this Act.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$41,016,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection Plan
and Survivor Benefit Plan, and for medical care of dependents
and retired personnel under the Dependents' Medical Care Act,
such amounts as may be required during the current fiscal year.
public health and social services emergency fund
(including transfer of funds)
For expenses necessary to support activities related to
countering potential biological, nuclear, radiological,
chemical, and cybersecurity threats to civilian populations,
and for other public health emergencies, $569,452,000; of which
$10,000,000 shall remain available until September 30, 2014 to
support emergency operations.
From funds transferred to this account pursuant to the
fourth paragraph under this heading in Public Law 111-117, up
to $415,000,000 shall be available for expenses necessary to
support advanced research and development pursuant to section
319L of the PHS Act, and other administrative expenses of the
Biomedical Advanced Research and Development Authority to
support additional advanced research and development.
General Provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception and
representation expenses when specifically approved by the
Secretary.
Sec. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency for
International Development, the United Nations International
Children's Emergency Fund or the World Health Organization.
Sec. 203. None of the funds appropriated in this title
shall be used to pay the salary of an individual, through a
grant or other extramural mechanism, at a rate in excess of
Executive Level II.
Sec. 204. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the PHS Act, except for
funds specifically provided for in this Act, or for other taps
and assessments made by any office located in HHS, prior to the
preparation and submission of a report by the Secretary to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the planned uses of such funds.
Sec. 205. Notwithstanding section 241(a) of the PHS Act,
such portion as the Secretary shall determine, but not more
than 2.5 percent, of any amounts appropriated for programs
authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) of the
implementation and effectiveness of such programs.
(transfer of funds)
Sec. 206. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for HHS in this Act may be transferred between
appropriations, but no such appropriation shall be increased by
more than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall not be used to
create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided further,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer.
(transfer of funds)
Sec. 207. The Director of the NIH, jointly with the
Director of the Office of AIDS Research, may transfer up to 3
percent among institutes and centers from the total amounts
identified by these two Directors as funding for research
pertaining to the human immunodeficiency virus: Provided, That
the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer.
(transfer of funds)
Sec. 208. Of the amounts made available in this Act for
NIH, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director
of NIH and the Director of the Office of AIDS Research, shall
be made available to the ``Office of AIDS Research'' account.
The Director of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section 2353(d)(3)
of the PHS Act.
Sec. 209. None of the funds appropriated in this Act may
be made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary
that it encourages family participation in the decision of
minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce minors
into engaging in sexual activities.
Sec. 210. Notwithstanding any other provision of law, no
provider of services under title X of the PHS Act shall be
exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse,
rape, or incest.
Sec. 211. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used to
carry out the Medicare Advantage program if the Secretary
denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) because
the entity informs the Secretary that it will not provide, pay
for, provide coverage of, or provide referrals for abortions:
Provided, That the Secretary shall make appropriate prospective
adjustments to the capitation payment to such an entity (based
on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided
further, That nothing in this section shall be construed to
change the Medicare program's coverage for such services and a
Medicare Advantage organization described in this section shall
be responsible for informing enrollees where to obtain
information about all Medicare covered services.
Sec. 212. In order for HHS to carry out international
health activities, including HIV/AIDS and other infectious
disease, chronic and environmental disease, and other health
activities abroad during fiscal year 2012:
(1) The Secretary may exercise authority equivalent
to that available to the Secretary of State in section
2(c) of the State Department Basic Authorities Act of
1956. The Secretary shall consult with the Secretary of
State and relevant Chief of Mission to ensure that the
authority provided in this section is exercised in a
manner consistent with section 207 of the Foreign
Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary is authorized to provide such
funds by advance or reimbursement to the Secretary of
State as may be necessary to pay the costs of
acquisition, lease, alteration, renovation, and
management of facilities outside of the United States
for the use of HHS. The Department of State shall
cooperate fully with the Secretary to ensure that HHS
has secure, safe, functional facilities that comply
with applicable regulation governing location, setback,
and other facilities requirements and serve the
purposes established by this Act. The Secretary is
authorized, in consultation with the Secretary of
State, through grant or cooperative agreement, to make
available to public or nonprofit private institutions
or agencies in participating foreign countries, funds
to acquire, lease, alter, or renovate facilities in
those countries as necessary to conduct programs of
assistance for international health activities,
including activities relating to HIV/AIDS and other
infectious diseases, chronic and environmental
diseases, and other health activities abroad.
(3) The Secretary is authorized to provide to
personnel appointed or assigned by the Secretary to
serve abroad, allowances and benefits similar to those
provided under chapter 9 of title I of the Foreign
Service Act of 1980, and 22 U.S.C. 4081 through 4086
and subject to such regulations prescribed by the
Secretary. The Secretary is further authorized to
provide locality-based comparability payments (stated
as a percentage) up to the amount of the locality-based
comparability payment (stated as a percentage) that
would be payable to such personnel under section 5304
of title 5, United States Code if such personnel's
official duty station were in the District of Columbia.
Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under
subchapter I of chapter 63 of title 5, United States
Code, or section 903 of the Foreign Service Act of
1980, to individuals serving in the Foreign Service.
Sec. 213. (a) Authority.--Notwithstanding any other
provision of law, the Director of NIH (``Director'') may use
funds available under section 402(b)(7) or 402(b)(12) of the
PHS Act to enter into transactions (other than contracts,
cooperative agreements, or grants) to carry out research
identified pursuant to such section 402(b)(7) (pertaining to
the Common Fund) or research and activities described in such
section 402(b)(12).
(b) Peer Review.--In entering into transactions under
subsection (a), the Director may utilize such peer review
procedures (including consultation with appropriate scientific
experts) as the Director determines to be appropriate to obtain
assessments of scientific and technical merit. Such procedures
shall apply to such transactions in lieu of the peer review and
advisory council review procedures that would otherwise be
required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2),
406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 214. Funds which are available for Individual
Learning Accounts for employees of CDC and the Agency for Toxic
Substances and Disease Registry (``ATSDR'') may be transferred
to appropriate accounts of CDC, to be available only for
Individual Learning Accounts: Provided, That such funds may be
used for any individual full-time equivalent employee while
such employee is employed either by CDC or ATSDR.
Sec. 215. Notwithstanding any other provisions of law,
discretionary funds made available in this Act may be used to
continue operating the Council on Graduate Medical Education
established by section 301 of Public Law 102-408.
Sec. 216. Not to exceed $45,000,000 of funds appropriated
by this Act to the institutes and centers of the National
Institutes of Health may be used for alteration, repair, or
improvement of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, at not
to exceed $3,500,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service
Awards (``NRSA'') shall be made available to the Administrator
of the Health Resources and Services Administration to make
NRSA awards for research in primary medical care to individuals
affiliated with entities who have received grants or contracts
under section 747 of the PHS Act, and 1 percent of the amount
made available for NRSA shall be made available to the Director
of the Agency for Healthcare Research and Quality to make NRSA
awards for health service research.
Sec. 218. None of the funds made available in this title
may be used, in whole or in part, to advocate or promote gun
control.
Sec. 219. None of the funds appropriated or otherwise made
available in this Act may be expended to advance the creation
of a Federally Funded Research and Development Center at the
Centers for Medicare and Medicaid Services, prior to a Federal
Register notice being issued that outlines: how this proposal
would meet the specific requirements identified in FAR 35.017-
2; agency procedures that ensure small business competitiveness
is maintained; and the outline of a transparent award and
governance process to be employed.
Sec. 220. (a) The Secretary shall establish a publicly
accessible website to provide information regarding the uses of
funds made available under section 4002 of Public Law 111-148.
(b) With respect to funds provided for fiscal year 2012,
the Secretary shall include on the website established under
subsection (a) at a minimum the following information:
(1) In the case of each transfer of funds under
section 4002(c), a statement indicating the program or
activity receiving funds, the operating division or
office that will administer the funds, and the planned
uses of the funds, to be posted not later than the day
after the transfer is made.
(2) Identification (along with a link to the full
text) of each funding opportunity announcement, request
for proposals, or other announcement or solicitation of
proposals for grants, cooperative agreements, or
contracts intended to be awarded using such funds, to
be posted not later than the day after the announcement
or solicitation is issued.
(3) Identification of each grant, cooperative
agreement, or contract with a value of $25,000 or more
awarded using such funds, including the purpose of the
award and the identity of the recipient, to be posted
not later than 5 days after the award is made.
(4) A report detailing the uses of all funds
transferred under section 4002(c) during the fiscal
year, to be posted not later than 90 days after the end
of the fiscal year.
(5) Semi-annual reports from each entity awarded a
grant, cooperative agreement, or contract from such
funds with a value of $25,000 or more, summarizing the
activities undertaken and identifying any sub-grants or
sub-contracts awarded (including the purpose of the
award and the identity of the recipient), to be posted
not later than 30 days after the end of each 6-month
period.
Sec. 221. (a) Establishment of National Center for
Advancing Translational Sciences; Elimination of National
Center for Research Resources.--
(1) In general.--Subpart 1 of part E of title IV of
the Public Health Service Act (42 U.S.C. 287 et seq.)
is amended--
(A) in the subpart heading, by striking
``National Center for Research Resources'' and
inserting ``National Center for Advancing
Translational Sciences'';
(B) by striking sections 480 and 481; and
(C) by amending section 479 to read as
follows:
``SEC. 479. NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES.
``(a) Purpose.--The purpose of the National Center for
Advancing Translational Sciences (in this subpart referred to
as the `Center') is to advance translational sciences,
including by--
``(1) coordinating and developing resources that
leverage basic research in support of translational
science; and
``(2) developing partnerships and working
cooperatively to foster synergy in ways that do not
create duplication, redundancy, and competition with
industry activities.
``(b) Clinical Trial Activities.--
``(1) In general.--The Center may develop and
provide infrastructure and resources for all phases of
clinical trials research. Except as provided in
paragraph (2), the Center may support clinical trials
only through the end of phase IIA.
``(2) Exception.--The Center may support clinical
trial activities through the end of phase IIB for a
treatment for a rare disease or condition (as defined
in section 526 of the Federal Food, Drug, and Cosmetic
Act) so long as--
``(A) the Center gives public notice for a
period of at least 120 days of the Center's
intention to support the clinical trial
activities in phase IIB;
``(B) no public or private organization
provides credible written intent to the Center
that the organization has timely plans to
further the clinical trial activities or
conduct clinical trials of a similar nature
beyond phase IIA; and
``(C) the Center ensures that support of
the clinical trial activities in phase IIB will
not increase the Federal Government's liability
beyond the award value of the Center's support.
``(c) Annual Report.--The Center shall publish an annual
report that, with respect to all research supported by the
Center, includes a complete list of--
``(1) the molecules being studied;
``(2) clinical trial activities being conducted;
``(3) the methods and tools in development;
``(4) ongoing partnerships, including--
``(A) the rationale for each partnership;
``(B) the status of each partnership;
``(C) the funding provided by the Center to
other entities pursuant to each partnership,
and
``(D) the activities which have been
transferred to industry pursuant to each
partnership; and
``(5) known research activity of other entities
that is or will expand upon research activity of the
Center.''.
(2) List of institutes and centers.--Section
401(b)(21) of the Public Health Service Act (42 U.S.C.
281(b)(21)) is amended by striking ``National Center
for Research Resources'' and inserting ``National
Center for Advancing Translational Sciences''.
(b) Assignment of Certain Functions of Former National
Center for Research Resources.--
(1) Biomedical and behavioral research
facilities.--Section 481A of the Public Health Service
Act (42 U.S.C. 287a-2)--
(A) is redesignated as section 404I and is
moved to follow section 404H of such Act (42
U.S.C. 283j); and
(B) is amended--
(i) in subsection (a)(1), by
striking ``acting through the Director
of the Center or the Director of the
National Institute of Allergy and
Infectious Diseases'' and inserting
``acting through the Office of the
Director of NIH or the Director of the
National Institute of Allergy and
Infectious Diseases'';
(ii) in subsections (c), (d), (e),
and (f)(2), by striking ``Director of
the Center or the Director of the
National Institute of Allergy and
Infectious Diseases'' each place it
appears and inserting ``Director of
NIH, acting through the Office of the
Director of NIH or the National
Institute of Allergy and Infectious
Diseases,'';
(iii) in subsection (b)(2), by
striking ``Director of the Center''
each place it appears and inserting
``Director of NIH'';
(iv) in subsections (b)(3)(A),
(f)(1), and (g), by striking the comma
at the end of ``Director of the
Center,'' each place it appears;
(v) by striking ``Director of the
Center'' each place it appears and
inserting ``Director of NIH, acting
through the Office of the Director of
NIH,'';
(vi) in subsection (b)--
(I) in paragraph (1)(A), by
striking ``within the Center'';
and
(II) in paragraph (2)--
(aa) in
subparagraph (A), by
striking ``and the
advisory council
established under
section 480 (in this
section referred to as
the `Advisory
Council')'' and
inserting ``and the
Council of Councils
established under
section 402(l) (in this
section referred to as
the `Council')''; and
(bb) in
subparagraphs (B), (C),
and (D), by striking
``Advisory'' each place
it appears; and
(vii) in subsection (g), by
striking ``after consultation with the
Advisory Council'' and inserting
``after consultation with the
Council''.
(2) Construction of regional centers for research
on primates.--Section 481B of the Public Health Service
Act (42 U.S.C. 287a-3)--
(A) is redesignated as section 404J and is
moved to follow section 404I, as redesignated
by paragraph (1); and
(B) in subsection (a), is amended--
(i) by striking ``by the National
Center for Research Resources'' and
inserting ``by the Director of NIH,
acting through the Office of the
Director of NIH,''; and
(ii) by striking ``481A'' and
inserting ``404I''.
(3) Sanctuary system for surplus chimpanzees.--
Section 481C of the Public Health Service Act (42
U.S.C. 287a-3a)--
(A) is redesignated as section 404K and is
moved to follow section 404J, as redesignated
by paragraph (2); and
(B) in subsection (d)(4)(A)(ii), is amended
by striking ``that is carried out by the
National Center for Research Resources'' and
inserting ``that is carried out by the Director
of NIH, acting through the Office of the
Director of NIH,''.
(4) Shared instrumentation grant program.--Section
305 of the Public Health Improvement Act (42 U.S.C. 287
note)--
(A) is redesignated as section 404L of the
Public Health Service Act and is moved to
follow section 404K of that Act, as
redesignated by paragraph (3); and
(B) is amended--
(i) by striking subsection (a) and
redesignating subsections (b) and (c)
as subsections (a) and (b),
respectively;
(ii) in subsection (a), as so
redesignated, by striking ``under the
program described in subsection (a)''
and inserting ``under the Shared
Instrumentation Grant Program'';
(iii) by striking ``Director of the
National Center for Research
Resources'' each place it appears and
inserting ``Director of NIH, acting
through the Office of the Director of
NIH,''; and
(iv) in subsection (b), as so
redesignated--
(I) by striking ``in
subsection (a)'' and inserting
``in subsection (a), the''; and
(II) by striking ``of the
Public Health Service Act (42
U.S.C. 289a)''.
(5) Institutional development award program.--Title
IV of the Public Health Service Act (42 U.S.C. 281 et
seq.) is amended--
(A) in section 461, by striking the section
heading and designation and all that follows
through ``The general purpose'' and inserting
the following:
``SEC. 461. NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES.
``(a) General Purpose.--The general purpose'';
(B) by moving subsection (g) of section 402
to the end of section 461, as amended, and
redesignating that subsection as subsection
(b); and
(C) in section 461(b), as so redesignated--
(i) by striking ``(b)(1)(A) In the
case of'' and inserting the following:
``(b) Institutional Development Award Program.--
``(1)(A) In the case of'';
(ii) by moving two ems to the
right--
(I) subparagraphs (B) and
(C) of paragraph (1);
(II) clauses (i), (ii), and
(iii) of such subparagraph (C);
and
(III) paragraph (2); and
(iii) in paragraph (1)(A), by
striking ``acting through the Director
of the National Center for Research
Resources'' and inserting ``acting
through the Director of the National
Institute of General Medical
Sciences''.
(c) Assignment of Certain Offices and Functions to National
Center for Advancing Translational Sciences.--
(1) Cures acceleration network.--Section 402C of
the Public Health Service Act (42 U.S.C. 282d)--
(A) is redesignated as section 480 and is
moved to follow section 479;
(B) in subsection (b), is amended in the
matter that precedes paragraph (1) by striking
``within the Office of the Director of NIH''
and inserting ``within the Center'';
(C) by striking ``Director of NIH'' each
place it appears and inserting ``Director of
the Center''; and
(D) in the headings of subsections (d)(4)
and (d)(4)(B), by striking ``Director of nih''
each place it appears and inserting ``Director
of the center''.
(2) Office of rare diseases.--Title IV of the
Public Health Service Act (42 U.S.C. 281 et seq.) is
amended--
(A) in section 404F--
(i) by redesignating such section
as section 481 and moving such section
to follow section 480, as redesignated
by paragraph (1);
(ii) in subsection (a)--
(I) by striking ``within
the Office of the Director of
NIH'' and inserting ``within
the Center''; and
(II) by striking ``Director
of NIH'' and inserting
``Director of the Center''; and
(iii) in subsection (b)(1)(C), by
striking ``404G'' and inserting
``481A''; and
(B) in section 401(c)(2)(A), by striking
``the Office of Rare Diseases,''.
(3) Rare disease regional centers of excellence.--
Section 404G of the Public Health Service Act (42
U.S.C. 283i) is redesignated as section 481A and is
moved to follow section 481, as redesignated by
paragraph (2).
(4) General clinical research centers.--Section
481D of the Public Health Service Act (42 U.S.C. 287a-
4)--
(A) is redesignated as section 481B; and
(B) in subsection (a), is amended by
striking ``Director of the National Center for
Research Resources'' and inserting ``Director
of the Center''.
(d) Conforming Amendments.--Title IV of the Public Health
Service Act (42 U.S.C. 281 et seq.) is amended--
(1) in section 402(b)(24) (42 U.S.C. 282(b)(24)),
by striking ``402C'' and inserting ``480'';
(2) in section 404C(e)(3)(A) (42 U.S.C.
283e(e)(3)(A)), by striking ``and the Director of the
Center for Research Resources'';
(3) in section 464z-3(i)(1) (42 U.S.C.
285t(i)(1))--
(A) by striking ``Director of National
Institute for Research Resources'' and
inserting ``Director of NIH'';
(B) by striking ``481(c)(3)'' and inserting
``404I(c)(2)''; and
(C) by inserting ``under such section''
after ``Institutions of Emerging Excellence'';
(4) in section 499(c)(1)(E) (42 U.S.C.
290b(c)(1)(E)), by striking ``section 402C'' and
inserting ``section 480''.
Sec. 222. The discretionary appropriation for CDC is
hereby reduced by $20,000,000: Provided, That the reduction
should be taken from contracting and administrative costs in
each of the CDC accounts.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2012''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary
Education Act of 1965 (referred to in this Act as ``ESEA'') and
section 418A of the Higher Education Act of 1965 (referred to
in this Act as ``HEA''), $15,750,983,000, of which
$4,817,117,000 shall become available on July 1, 2012, and
shall remain available through September 30, 2013, and of which
$10,841,177,000 shall become available on October 1, 2012, and
shall remain available through September 30, 2013, for academic
year 2012-2013: Provided, That $6,584,750,000 shall be for
basic grants under section 1124 of the ESEA: Provided further,
That up to $3,992,000 of these funds shall be available to the
Secretary of Education (referred to in this title as
``Secretary'') on October 1, 2011, to obtain annually updated
local educational agency-level census poverty data from the
Bureau of the Census: Provided further, That $1,362,301,000
shall be for concentration grants under section 1124A of the
ESEA: Provided further, That $3,288,183,000 shall be for
targeted grants under section 1125 of the ESEA: Provided
further, That $3,288,183,000 shall be for education finance
incentive grants under section 1125A of the ESEA: Provided
further, That $3,200,000 shall be to carry out sections 1501
and 1503 of the ESEA: Provided further, That $534,562,000
shall be available for school improvement grants under section
1003(g) of the ESEA, which shall be allocated by the Secretary
through the formula described in section 1003(g)(2) and shall
be used consistent with the requirements of section 1003(g),
except that State and local educational agencies may use such
funds to serve any school eligible to receive assistance under
part A of title I that has not made adequate yearly progress
for at least 2 years or is in the State's lowest quintile of
performance based on proficiency rates and, in the case of
secondary schools, priority shall be given to those schools
with graduation rates below 60 percent: Provided further, That
notwithstanding section 1003(g)(5)(A), each State educational
agency may establish a maximum subgrant size of not more than
$2,000,000 for each participating school applicable to such
funds: Provided further, That the Secretary may reserve up to
5 percent of the funds available for section 1003(g) of the
ESEA to carry out activities to build State and local
educational agency capacity to implement effectively the school
improvement grants program: Provided further, That
$160,000,000 shall be available under section 1502 of the ESEA
for a comprehensive literacy development and education program
to advance literacy skills, including pre-literacy skills,
reading, and writing, for students from birth through grade 12,
including limited-English-proficient students and students with
disabilities, of which one-half of 1 percent shall be reserved
for the Secretary of the Interior for such a program at schools
funded by the Bureau of Indian Education, one-half of 1 percent
shall be reserved for grants to the outlying areas for such a
program, up to 5 percent may be reserved for national
activities, and the remainder shall be used to award
competitive grants to State educational agencies for such a
program, of which a State educational agency may reserve up to
5 percent for State leadership activities, including technical
assistance and training, data collection, reporting, and
administration, and shall subgrant not less than 95 percent to
local educational agencies or, in the case of early literacy,
to local educational agencies or other nonprofit providers of
early childhood education that partner with a public or private
nonprofit organization or agency with a demonstrated record of
effectiveness in improving the early literacy development of
children from birth through kindergarten entry and in providing
professional development in early literacy, giving priority to
such agencies or other entities serving greater numbers or
percentages of disadvantaged children: Provided further, That
the State educational agency shall ensure that at least 15
percent of the subgranted funds are used to serve children from
birth through age 5, 40 percent are used to serve students in
kindergarten through grade 5, and 40 percent are used to serve
students in middle and high school including an equitable
distribution of funds between middle and high schools:
Provided further, That eligible entities receiving subgrants
from State educational agencies shall use such funds for
services and activities that have the characteristics of
effective literacy instruction through professional
development, screening and assessment, targeted interventions
for students reading below grade level and other research-based
methods of improving classroom instruction and practice.
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
ESEA, $1,293,631,000, of which $1,155,724,000 shall be for
basic support payments under section 8003(b), $48,505,000 shall
be for payments for children with disabilities under section
8003(d), $17,474,000 shall be for construction under section
8007(b) and shall remain available through September 30, 2013,
$67,074,000 shall be for Federal property payments under
section 8002, and $4,854,000, to remain available until
expended, shall be for facilities maintenance under section
8008: Provided, That for purposes of computing the amount of a
payment for an eligible local educational agency under section
8003(a) for school year 2011-2012, children enrolled in a
school of such agency that would otherwise be eligible for
payment under section 8003(a)(1)(B) of such Act, but due to the
deployment of both parents or legal guardians, or a parent or
legal guardian having sole custody of such children, or due to
the death of a military parent or legal guardian while on
active duty (so long as such children reside on Federal
property as described in section 8003(a)(1)(B)), are no longer
eligible under such section, shall be considered as eligible
students under such section, provided such students remain in
average daily attendance at a school in the same local
educational agency they attended prior to their change in
eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized
by parts A and B of title II, part B of title IV, parts A and B
of title VI, and parts B and C of title VII of the ESEA; the
McKinney-Vento Homeless Assistance Act; section 203 of the
Educational Technical Assistance Act of 2002; the Compact of
Free Association Amendments Act of 2003; and the Civil Rights
Act of 1964, $4,550,018,000, of which $2,725,246,000 shall
become available on July 1, 2012, and remain available through
September 30, 2013, and of which $1,681,441,000 shall become
available on October 1, 2012, and shall remain available
through September 30, 2013, for academic year 2012-2013:
Provided, That funds made available to carry out part B of
title VII of the ESEA may be used for construction, renovation,
and modernization of any elementary school, secondary school,
or structure related to an elementary school or secondary
school, run by the Department of Education of the State of
Hawaii, that serves a predominantly Native Hawaiian student
body: Provided further, That funds made available to carry out
part C of title VII of the ESEA shall be awarded on a
competitive basis, and also may be used for construction:
Provided further, That $51,210,000 shall be available to carry
out section 203 of the Educational Technical Assistance Act of
2002: Provided further, That $17,652,000 shall be available to
carry out the Supplemental Education Grants program for the
Federated States of Micronesia and the Republic of the Marshall
Islands: Provided further, That up to 5 percent of these
amounts may be reserved by the Federated States of Micronesia
and the Republic of the Marshall Islands to administer the
Supplemental Education Grants programs and to obtain technical
assistance, oversight and consultancy services in the
administration of these grants and to reimburse the United
States Departments of Labor, Health and Human Services, and
Education for such services: Provided further, That up to 1.5
percent of the funds for subpart 1 of part A of title II of the
ESEA shall be reserved by the Secretary for competitive awards
for teacher or principal training or professional enhancement
activities to national not-for-profit organizations.
Indian Education
For expenses necessary to carry out, to the extent not
otherwise provided, title VII, part A of the ESEA,
$131,027,000.
Innovation and Improvement
For carrying out activities authorized by part G of title
I, subpart 5 of part A and parts C and D of title II, parts B,
C, and D of title V of the ESEA, and sections 14006 and 14007
of division A of the American Recovery and Reinvestment Act of
2009, as amended, $1,530,429,000: Provided, That the Secretary
may use up to $550,000,000, which shall remain available for
obligation through December 31, 2012, for section 14006 of
division A of Public Law 111-5, as amended, to make awards
(including on the basis of previously submitted applications)
to States or to local educational agencies, or both, in
accordance with the applicable requirements of that section, as
determined by the Secretary, and may use up to 5 percent of
such funds for technical assistance and evaluation of the
activities carried out under that section: Provided further,
That up to $149,700,000 shall be available for obligation
through December 31, 2012 for section 14007 of division A of
Public Law 111-5, and up to 5 percent of such funds may be used
for technical assistance and the evaluation of activities
carried out under such section: Provided further, That
$300,000,000 of the funds for subpart 1 of part D of title V of
the ESEA shall be for competitive grants to local educational
agencies, including charter schools that are local educational
agencies, or States, or partnerships of: (1) a local
educational agency, a State, or both; and (2) at least one
nonprofit organization to develop and implement performance-
based compensation systems for teachers, principals, and other
personnel in high-need schools: Provided further, That such
performance-based compensation systems must consider gains in
student academic achievement as well as classroom evaluations
conducted multiple times during each school year among other
factors and provide educators with incentives to take on
additional responsibilities and leadership roles: Provided
further, That recipients of such grants shall demonstrate that
such performance-based compensation systems are developed with
the input of teachers and school leaders in the schools and
local educational agencies to be served by the grant: Provided
further, That recipients of such grants may use such funds to
develop or improve systems and tools (which may be developed
and used for the entire local educational agency or only for
schools served under the grant) that would enhance the quality
and success of the compensation system, such as high-quality
teacher evaluations and tools to measure growth in student
achievement: Provided further, That applications for such
grants shall include a plan to sustain financially the
activities conducted and systems developed under the grant once
the grant period has expired: Provided further, That up to 5
percent of such funds for competitive grants shall be available
for technical assistance, training, peer review of
applications, program outreach, and evaluation activities:
Provided further, That of the funds available for part B of
title V of the ESEA, the Secretary shall use not less than
$23,000,000 to carry out activities under section 5205(b) and
under subpart 2: Provided further, That of the funds available
for subpart 1 of part B of title V of the ESEA, and
notwithstanding section 5205(a), the Secretary may reserve up
to $55,000,000 to make multiple awards to non-profit charter
management organizations and other entities that are not for-
profit entities for the replication and expansion of successful
charter school models and shall reserve up to $11,000,000 to
carry out the activities described in section 5205(a),
including improving quality and oversight of charter schools
and providing technical assistance and grants to authorized
public chartering agencies in order to increase the number of
high-performing charter schools: Provided further, That each
application submitted pursuant to section 5203(a) shall
describe a plan to monitor and hold accountable authorized
public chartering agencies through such activities as providing
technical assistance or establishing a professional development
program, which may include evaluation, planning, training, and
systems development for staff of authorized public chartering
agencies to improve the capacity of such agencies in the State
to authorize, monitor, and hold accountable charter schools:
Provided further, That each application submitted pursuant to
section 5203(a) shall contain assurances that State law,
regulations, or other policies require that: (1) each
authorized charter school in the State operate under a legally
binding charter or performance contract between itself and the
school's authorized public chartering agency that describes the
obligations and responsibilities of the school and the public
chartering agency; conduct annual, timely, and independent
audits of the school's financial statements that are filed with
the school's authorized public chartering agency; and
demonstrate improved student academic achievement; and (2)
authorized public chartering agencies use increases in student
academic achievement for all groups of students described in
section 1111(b)(2)(C)(v) of the ESEA as the most important
factor when determining to renew or revoke a school's charter.
Safe Schools and Citizenship Education
For carrying out activities authorized by part A of title
IV and subparts 1, 2, and 10 of part D of title V of the ESEA,
$256,237,000: Provided, That $65,000,000 shall be available
for subpart 2 of part A of title IV: Provided further, That
$60,000,000 shall be available for Promise Neighborhoods and
shall be available through December 31, 2012.
English Language Acquisition
For carrying out part A of title III of the ESEA,
$733,530,000, which shall become available on July 1, 2012, and
shall remain available through September 30, 2013, except that
6.5 percent of such amount shall be available on October 1,
2011, and shall remain available through September 30, 2013, to
carry out activities under section 3111(c)(1)(C): Provided,
That the Secretary shall use estimates of the American
Community Survey child counts for the most recent 3-year period
available to calculate allocations under such part.
Special Education
For carrying out the Individuals with Disabilities
Education Act (``IDEA'') and the Special Olympics Sport and
Empowerment Act of 2004, $12,647,066,000, of which
$3,115,716,000 shall become available on July 1, 2012, and
shall remain available through September 30, 2013, and of which
$9,283,383,000 shall become available on October 1, 2012, and
shall remain available through September 30, 2013, for academic
year 2012-2013: Provided, That the amount for section
611(b)(2) of the IDEA shall be equal to the lesser of the
amount available for that activity during fiscal year 2011,
increased by the amount of inflation as specified in section
619(d)(2)(B) of the IDEA, or the percent change in the funds
appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2011:
Provided further, That $2,000,000, to remain available for
obligation through September 30, 2013, shall be for activities
aimed at improving the outcomes of children receiving
Supplemental Security Income (SSI) and their families, which
may include competitive grants to States to improve the
provision and coordination of services for SSI child recipients
in order to achieve improved health status, including both
physical and emotional health, and education and post-school
outcomes, including completion of postsecondary education and
employment, and to improve services and supports to the
families or households of the SSI child recipient, such as
education and job training for the parents: Provided further,
That States may award subgrants for a portion of the funds to
other public and private, non-profit entities.
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of
1998, and the Helen Keller National Center Act, $3,512,019,000:
Provided, That the Secretary may use amounts provided in this
Act that remain available subsequent to the reallotment of
funds to States pursuant to section 110(b) of the
Rehabilitation Act for activities aimed at improving the
outcomes of children receiving Supplemental Security Income
(SSI) and their families, including competitive grants to
States to improve the provision and coordination of services
for SSI child recipients in order to achieve improved health
status, education and post-school outcomes, including
completion of postsecondary education and employment, and to
improve services and supports to the family or households of
the SSI child recipient, such as education and job training for
the parents: Provided further, That States may award subgrants
for a portion of the funds to other public and private, non-
profit entities: Provided further, That any funds made
available subsequent to reallotment for activities aimed at
improving the outcomes of children receiving SSI and their
families shall remain available until September 30, 2013:
Provided further, That $2,000,000 shall be for competitive
grants to support alternative financing programs that provide
for the purchase of assistive technology devices, such as a
low-interest loan fund; an interest buy-down program; a
revolving loan fund; a loan guarantee; or insurance program:
Provided further, That applicants shall provide an assurance
that, and information describing the manner in which, the
alternative financing program will expand and emphasize
consumer choice and control: Provided further, That State
agencies and community-based disability organizations that are
directed by and operated for individuals with disabilities
shall be eligible to compete.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, $24,551,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986,
$65,546,000: Provided, That from the total amount available,
the Institute may at its discretion use funds for the endowment
program as authorized under section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education of
the Deaf Act of 1986, $125,754,000, of which $7,990,000 shall
be for construction and shall remain available until expended:
Provided, That from the total amount available, the University
may at its discretion use funds for the endowment program as
authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006 and
the Adult Education and Family Literacy Act (referred to in
this Act as the ``AEFLA''), $1,738,946,000, of which
$947,946,000 shall become available on July 1, 2012, and shall
remain available through September 30, 2013, and of which
$791,000,000 shall become available on October 1, 2012, and
shall remain available through September 30, 2013: Provided,
That of the amount provided for Adult Education State Grants,
$74,850,000 shall be made available for integrated English
literacy and civics education services to immigrants and other
limited-English-proficient populations: Provided further, That
of the amount reserved for integrated English literacy and
civics education, notwithstanding section 211 of the AEFLA, 65
percent shall be allocated to States based on a State's
absolute need as determined by calculating each State's share
of a 10-year average of the United States Citizenship and
Immigration Services data for immigrants admitted for legal
permanent residence for the 10 most recent years, and 35
percent allocated to States that experienced growth as measured
by the average of the 3 most recent years for which United
States Citizenship and Immigration Services data for immigrants
admitted for legal permanent residence are available, except
that no State shall be allocated an amount less than $60,000:
Provided further, That of the amounts made available for AEFLA,
$11,323,000 shall be for national leadership activities under
section 243.
Student Financial Assistance
For carrying out subparts 1 and 3 of part A, and part C of
title IV of the HEA, $24,538,521,000, which shall remain
available through September 30, 2013.
The maximum Pell Grant for which a student shall be
eligible during award year 2012-2013 shall be $4,860.
Student Aid Administration
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 4, 9, and 10 of part A, and parts
B, C, D, and E of title IV of the HEA, $1,045,363,000, to
remain available until September 30, 2013.
Higher Education
For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, VII, and VIII of the HEA, the Mutual
Educational and Cultural Exchange Act of 1961, and section 117
of the Carl D. Perkins Career and Technical Education Act of
2006, $1,873,196,000: Provided, That $608,000 shall be for
data collection and evaluation activities for programs under
the HEA, including such activities needed to comply with the
Government Performance and Results Act of 1993: Provided
further, That notwithstanding any other provision of law, funds
made available in this Act to carry out title VI of the HEA and
section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study in
foreign countries by individuals who are participating in
advanced foreign language training and international studies in
areas that are vital to United States national security and who
plan to apply their language skills and knowledge of these
countries in the fields of government, the professions, or
international development: Provided further, That of the funds
referred to in the preceding proviso up to 1 percent may be
used for program evaluation, national outreach, and information
dissemination activities: Provided further, That
notwithstanding any other provision of law, a recipient of a
multi-year award under section 316 of the HEA, as that section
was in effect prior to the date of enactment of the Higher
Education Opportunity Act (referred to in this Act as
``HEOA''), that would have otherwise received a continuation
award for fiscal year 2012 under that section, shall receive
under section 316, as amended by the HEOA, not less than the
amount that such recipient would have received under such a
continuation award: Provided further, That the portion of the
funds received under section 316 by a recipient described in
the preceding proviso that is equal to the amount of such
continuation award shall be used in accordance with the terms
of such continuation award.
Howard University
For partial support of Howard University, $234,507,000, of
which not less than $3,600,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment Act
and shall remain available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of
the HEA, $460,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,188,000, as
authorized pursuant to part D of title III of the HEA:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize total loan principal, any part of which
is to be guaranteed, not to exceed $367,255,000: Provided
further, That these funds may be used to support loans to
public and private Historically Black Colleges and Universities
without regard to the limitations within section 344(a) of the
HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing
Program entered into pursuant to part D of title III of the
HEA, $353,000.
Institute of Education Sciences
For carrying out activities authorized by the Education
Sciences Reform Act of 2002, the National Assessment of
Educational Progress Authorization Act, section 208 of the
Educational Technical Assistance Act of 2002, and section 664
of the Individuals with Disabilities Education Act,
$594,788,000, which shall remain available through September
30, 2013: Provided, That funds available to carry out section
208 of the Educational Technical Assistance Act may be used to
link Statewide elementary and secondary data systems with early
childhood, postsecondary, and workforce data systems, or to
further develop such systems: Provided further, That up to
$11,000,000 of the funds available to carry out section 208 of
the Educational Technical Assistance Act may be used for awards
to public or private organizations or agencies to support
activities to improve data coordination, quality, and use at
the local, State, and national levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $447,104,000.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $102,818,000.
office of the inspector general
For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department of
Education Organization Act, $59,933,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
overcome racial imbalance in any school or school system, or
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
carry out a plan of racial desegregation of any school or
school system.
Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation of
any student to a school other than the school which is nearest
the student's home, except for a student requiring special
education, to the school offering such special education, in
order to comply with title VI of the Civil Rights Act of 1964.
For the purpose of this section an indirect requirement of
transportation of students includes the transportation of
students to carry out a plan involving the reorganization of
the grade structure of schools, the pairing of schools, or the
clustering of schools, or any combination of grade
restructuring, pairing, or clustering. The prohibition
described in this section does not include the establishment of
magnet schools.
Sec. 303. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer and
meditation in the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the Department
of Education in this Act may be transferred between
appropriations, but no such appropriation shall be increased by
more than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall not be used to
create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided further,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer.
Sec. 305. The Outlying Areas may consolidate funds
received under this Act, pursuant to 48 U.S.C. 1469a, under
part A of title V of the ESEA.
Sec. 306. Section 105(f)(1)(B)(ix) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C.
1921d(f)(1)(B)(ix)) shall be applied by substituting ``2012''
for ``2009''.
Sec. 307. (a) Notwithstanding any other provision of law,
the Secretary is authorized to modify the terms and conditions
of gulf hurricane disaster loans to affected institutions
pursuant to section 2601 of Public Law 109-234 using the
authority provided herein, on such terms as the Secretary, the
Secretary of the Treasury, and the Director of the Office of
Management and Budget jointly determine are in the best
interests of both the United States and the borrowers, and
necessary to mitigate the economic effects of Hurricanes
Katrina and Rita. Any modification under this section shall not
result in any net cost to the Federal Government, as jointly
determined by the Secretary, the Secretary of the Treasury, and
the Director of the Office of Management and Budget, beginning
on the date on which the Secretary modifies a loan under this
section.
(b) Federal Register Notice.--The Secretary, the Secretary
of the Treasury, and the Director of the Office of Management
and Budget, shall jointly publish a notice in the Federal
Register prior to any modification of loans under paragraph (a)
that--
(1) establishes the terms and conditions governing
the modifications authorized by paragraph (a);
(2) includes an outline of the methodology and
factors that the Secretary, the Secretary of the
Treasury, and the Director of the Office of Management
and Budget, will jointly consider in evaluating the
modification of the loans made under this title; and
(3) describes how the use of such methodology and
consideration of such factors used to determine the
modifications will ensure that loan modifications do
not result in any net cost to the Federal Government.
(c) Fees.--An affected institution that receives a
modification to its disaster loan pursuant to section 2601 of
Public Law 109-234 shall pay a fee to the Secretary which shall
be credited to the HBCU Hurricane Supplemental Loan Program.
Such fees shall remain available without fiscal year limitation
to pay the modification costs. The amount of the fee paid shall
be equal to the modification cost as jointly determined by the
Secretary, the Secretary of the Treasury, and the Director of
the Office of Management and Budget, calculated in accordance
with section 502 of the Federal Credit Reform Act of 1990, as
amended, of such loan.
Sec. 308. Section 14006(c)(2) of division A of the
American Recovery and Reinvestment Act of 2009 (as amended by
section 1832(b) of division B of Public Law 112-10) is amended
by inserting before the period, ``except that such a State may
use its grant funds to make subgrants to public or private
agencies and organizations for activities consistent with the
purposes of the grant''.
Sec. 309. (a) Federal Pell Grant Eligibility.--
(1) Minimum level.--Section 401(b)(4) of the HEA
(20 U.S.C. 1070a(b)(4)) is amended by striking ``,
except that'' and all that follows and inserting a
period.
(2) Duration of award period.--Section 401(c)(5) of
the HEA (20 U.S.C. 1070a(c)(5)) is amended--
(A) by striking ``18'' each place it
appears and inserting ``12''; and
(B) by striking the last sentence.
(b) Zero Expected Family Contribution.--Section 479(c) of
the HEA (20 U.S.C. 1087ss(c)) is amended--
(1) in paragraph (1)(B), by striking ``$30,000''
and inserting ``$23,000''; and
(2) in paragraph (2)(B), by striking ``$30,000''
and inserting ``$23,000''.
(c) Students Who Are Not High School Graduates.--
(1) Amendment.--Section 484(d) of the HEA (20
U.S.C. 1091(d)) is amended--
(A) in the matter preceding paragraph (1),
by striking ``meet one of the following
standards:'';
(B) by striking paragraphs (1), (2), and
(4); and
(C) in paragraph (3), by striking ``(3) The
student has'' and inserting ``have''; and
(2) Transition.--The amendment made by paragraph
(1) shall apply to students who first enroll in a
program of study on or after July 1, 2012.
(3) Conforming change.--Section 101(a)(1) of the
HEA (20 U.S.C. 1001(a)(1) is amended by striking
``section 484(d)(3)'' and inserting ``section 484(d)''.
(d) Temporary Elimination of Interest Subsidy During
Student Loan Grace Period.--
(1) Section 428(a)(3)(A)(i)(I) of the HEA (20
U.S.C. 1078(a)(3)(A)(i)(I)) is amended to read as
follows:
``(I) which accrues prior
to the date the student ceases
to carry at least one-half the
normal full-time academic
workload (as determined by the
institution), or''.
(2) The amendment made by paragraph (1) shall apply
to new Federal Direct Stafford Loans made on or after
July 1, 2012 and before July 1, 2014.
(e) Revised Special Allowance Calculation.--
(1) Revised calculation rule.--Section 438(b)(2)(I)
of the HEA (20 U.S.C. 1087-1(b)(2)(I)) is amended by
adding at the end the following:
``(vii) Revised calculation rule to
reflect financial market conditions.--
``(I) Calculation based on
libor.--For the calendar
quarter beginning on April 1,
2012 and each subsequent
calendar quarter, in computing
the special allowance paid
pursuant to this subsection
with respect to loans described
in subclause (II), clause
(i)(I) of this subparagraph
shall be applied by
substituting `of the 1-month
London Inter Bank Offered Rate
(LIBOR) for United States
dollars in effect for each of
the days in such quarter as
compiled and released by the
British Bankers Association'
for `of the quotes of the 3-
month commercial paper
(financial) rates in effect for
each of the days in such
quarter as reported by the
Federal Reserve in Publication
H-15 (or its successor) for
such 3-month period'.
``(II) Loans eligible for
libor-based calculation.--The
special allowance paid pursuant
to this subsection shall be
calculated as described in
subclause (I) with respect to
special allowance payments for
the 3-month period ending June
30, 2012, and each succeeding
3-month period, on loans for
which the first disbursement is
made on or after January 1,
2000, and before July 1, 2010,
if, not later than April 1,
2012, the holder of the loan
(or, if the holder acts as
eligible lender trustee for the
beneficial owner of the loan,
the beneficial owner of the
loan), affirmatively and
permanently waives all
contractual, statutory, or
other legal rights to a special
allowance paid pursuant to this
subsection that is calculated
using the formula in effect at
the time the loans were first
disbursed.
``(III) Terms of waiver.--
``(aa) In
general.--A waiver
pursuant to subclause
(II) shall be in a form
(printed or electronic)
prescribed by the
Secretary, and shall be
applicable to--
``(AA) all
loans described
in such
subclause that
the lender
holds solely in
its own right
under any
lender
identification
number
associated with
the holder
(pursuant to
section 487B);
``(BB) all
loans described
in such
subclause for
which the
beneficial
owner has the
authority to
make an
election of a
waiver under
such subclause,
regardless of
the lender
identification
number
associated with
the loan or the
lender that
holds the loan
as eligible
lender trustee
on behalf of
such beneficial
owner; and
``(CC) all
future
calculations of
the special
allowance on
loans that, on
the date of
such waiver,
are loans
described in
subitem (AA) or
(BB), or that,
after such
date, become
loans described
in subitem (AA)
or (BB).
``(bb)
Exceptions.--Any waiver
pursuant to subclause
(II) that is elected
for loans described in
subitem (AA) or (BB) of
item (aa) shall not
apply to any loan
described in such
subitem for which the
lender or beneficial
owner of the loan
demonstrates to the
satisfaction of the
Secretary that--
``(AA) in
accordance with
an agreement
entered into
before the date
of enactment of
this section by
which such
lender or owner
is governed and
that applies to
such loans,
such lender or
owner is not
legally
permitted to
make an
election of
such waiver
with respect to
such loans
without the
approval of one
or more third
parties with an
interest in the
loans, and that
the lender or
owner followed
all available
options under
such agreement
to obtain such
approval, and
was unable to
do so; or
``(BB) such
lender or
beneficial
owner presented
the proposal of
electing such a
waiver
applicable to
such loans
associated with
an obligation
rated by a
nationally
recognized
statistical
rating
organization
(as defined in
section
3(a)(62) of the
Securities
Exchange Act of
1934), and such
rating
organization
provided a
written opinion
that the agency
would downgrade
the rating
applicable to
such obligation
if the lender
or owner
elected such a
waiver.''.
(2) Conforming amendments.--Section 438(b)(2)(I) of
the HEA (20 U.S.C. 1087-1(b)(2)(I)) is further
amended--
(A) in clause (i)(II), by striking ``such
average bond equivalent rate'' and inserting
``the rate determined under subclause (I) (in
accordance with clause (vii))''; and
(B) in clause (v)(III), by striking ``(iv),
and (vi)'' and inserting ``(iv), (vi), and
(vii)''.
(f) Reappropriation of Mandatory Savings.--Section
401(b)(7)(A)(iv) of the HEA (20 U.S.C. 1070a(b)(7)(A)(iv)) is
amended to read as follows:
``(iv) to carry out this section--
``(I) $13,500,000,000 for
fiscal year 2011;
``(II) $13,795,000,000 for
fiscal year 2012;
``(III) $7,587,000,000 for
fiscal year 2013;
``(IV) $588,000,000 for
fiscal year 2014;
``(V) $0 for fiscal year
2015;
``(VI) $0 for fiscal year
2016;
``(VII) $1,574,000,000 for
fiscal year 2017;
``(VIII) $1,382,000,000 for
fiscal year 2018;
``(IX) $1,409,000,000 for
fiscal year 2019;
``(X) $1,430,000,000 for
fiscal year 2020; and
``(XI) $1,145,000,000 for
fiscal year 2021 and each
succeeding fiscal year.''.
(g) Effective Date.--The amendments made by subsections
(a), (b), and (c) shall take effect on July 1, 2012.
(h) Inapplicability of Negotiated Rulemaking and Master
Calendar Exception.--Sections 482(c) and 492 of the HEA (20
U.S.C. 1089(c), 1098a) shall not apply to the amendments made
by this section, or to any regulations promulgated under those
amendments.
This title may be cited as the ``Department of Education
Appropriations Act, 2012''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled established by Public
Law 92-28, $5,385,000.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to
carry out the Domestic Volunteer Service Act of 1973 (referred
to in this title as ``1973 Act'') and the National and
Community Service Act of 1990 (referred to in this title as
``1990 Act''), $751,672,000, notwithstanding sections
198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 1990
Act: Provided, That of the amounts provided under this
heading: (1) up to 1 percent of program grant funds may be used
to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic
management of the grants cycle; (2) $44,900,000 shall be
available for expenses authorized under section 501(a)(4)(E) of
the 1990 Act; (3) $2,000,000 shall be available for expenses to
carry out sections 112(e), 179A, and 198O and subtitle J of
title I of the 1990 Act, notwithstanding section 501(a)(6) of
the 1990 Act; (4) $13,466,000 shall be available to provide
assistance to State commissions on national and community
service, under section 126(a) of the 1990 Act and
notwithstanding section 501(a)(5)(B) of the 1990 Act; (5)
$31,942,000 shall be available to carry out subtitle E of the
1990 Act; and (6) $3,992,000 shall be available for expenses
authorized under section 501(a)(4)(F) of the 1990 Act, which,
notwithstanding the provisions of section 198P shall be awarded
by CNCS on a competitive basis: Provided further, That, with
respect to amounts provided under this heading for State
Service Commissions, section 126 of the 1990 Act shall be
applied by substituting ``$200,000'' for ``$250,000'' each
place that it appears.
national service trust
(including transfer of funds)
For necessary expenses for the National Service Trust
established under subtitle D of title I of the 1990 Act,
$212,198,000, to remain available until expended: Provided,
That CNCS may transfer additional funds from the amount
provided within ``Operating Expenses'' allocated to grants
under subtitle C of title I of the 1990 Act to the National
Service Trust upon determination that such transfer is
necessary to support the activities of national service
participants and after notice is transmitted to the Committees
on Appropriations of the House of Representatives and the
Senate: Provided further, That amounts appropriated for or
transferred to the National Service Trust may be invested under
section 145(b) of the 1990 Act without regard to the
requirement to apportion funds under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of
the 1973 Act, including payment of salaries, authorized travel,
hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, the employment of experts
and consultants authorized under 5 U.S.C. 3109, and not to
exceed $2,500 for official reception and representation
expenses, $83,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, $4,000,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to
program requirements, service delivery or policy only through
public notice and comment rulemaking. For fiscal year 2012,
during any grant selection process, an officer or employee of
CNCS shall not knowingly disclose any covered grant selection
information regarding such selection, directly or indirectly,
to any person other than an officer or employee of CNCS that is
authorized by CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that they
receive AmeriCorps funding, and thereafter shall meet the
overall minimum share requirement as provided in section
2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section
121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver
consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 403. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and operations
under titles I and II of the 1973 Act or subtitle B, C, D, or E
of title I of the 1990 Act shall be used to supplement and not
supplant current programs and operations.
Sec. 404. In addition to the requirements in section
146(a) of the 1990 Act, use of an educational award for the
purpose described in section 148(a)(4) shall be limited to
individuals who are veterans as defined under section 101 of
the Act.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting
(referred to in this Act as ``CPB''), as authorized by the
Communications Act of 1934, an amount which shall be available
within limitations specified by that Act, for the fiscal year
2014, $445,000,000: Provided, That none of the funds made
available to CPB by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for
Government officials or employees: Provided further, That none
of the funds made available to CPB by this Act shall be
available or used to aid or support any program or activity
from which any person is excluded, or is denied benefits, or is
discriminated against, on the basis of race, color, national
origin, religion, or sex: Provided further, That none of the
funds made available to CPB by this Act shall be used to apply
any political test or qualification in selecting, appointing,
promoting, or taking any other personnel action with respect to
officers, agents, and employees of CPB: Provided further, That
none of the funds made available to CPB by this Act shall be
used to support the Television Future Fund or any similar
purpose.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and
Conciliation Service (``Service'') to carry out the functions
vested in it by the Labor-Management Relations Act, 1947,
including hire of passenger motor vehicles; for expenses
necessary for the Labor-Management Cooperation Act of 1978; and
for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act,
$46,250,000: Provided, That notwithstanding 31 U.S.C. 3302,
fees charged, up to full-cost recovery, for special training
activities and other conflict resolution services and technical
assistance, including those provided to foreign governments and
international organizations, and for arbitration services shall
be credited to and merged with this account, and shall remain
available until expended: Provided further, That fees for
arbitration services shall be available only for education,
training, and professional development of the agency workforce:
Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States
gifts of services and real, personal, or other property in the
aid of any projects or functions within the Director's
jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and
Health Review Commission, $17,637,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and
Culture Act, $232,393,000.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the
Social Security Act, $6,000,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the
Social Security Act, $11,800,000, to be transferred to this
appropriation from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation Act
of 1973, $3,264,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, and other laws, $278,833,000:
Provided, That no part of this appropriation shall be available
to organize or assist in organizing agricultural laborers or
used in connection with investigations, hearings, directives,
or orders concerning bargaining units composed of agricultural
laborers as referred to in section 2(3) of the Act of July 5,
1935, and as amended by the Labor-Management Relations Act,
1947, and as defined in section 3(f) of the Act of June 25,
1938, and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and
waterways when maintained or operated on a mutual, nonprofit
basis and at least 95 percent of the water stored or supplied
thereby is used for farming purposes.
administrative provision
Sec. 405. None of the funds provided by this Act or
previous Acts making appropriations for the National Labor
Relations Board may be used to issue any new administrative
directive or regulation that would provide employees any means
of voting through any electronic means in an election to
determine a representative for the purposes of collective
bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the
Railway Labor Act, including emergency boards appointed by the
President, $13,436,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and
Health Review Commission, $11,689,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $51,000,000, which shall include amounts becoming
available in fiscal year 2012 pursuant to section 224(c)(1)(B)
of Public Law 98-76; and in addition, an amount, not to exceed
2 percent of the amount provided herein, shall be available
proportional to the amount by which the product of recipients
and the average benefit received exceeds the amount available
for payment of vested dual benefits: Provided, That the total
amount provided herein shall be credited in 12 approximately
equal amounts on the first day of each month in the fiscal
year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2013, which shall be the
maximum amount available for payment pursuant to section 417 of
Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act
and the Railroad Unemployment Insurance Act, $108,855,000, to
be derived in such amounts as determined by the Board from the
railroad retirement accounts and from moneys credited to the
railroad unemployment insurance administration fund.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, not more than $8,170,000,
to be derived from the railroad retirement accounts and
railroad unemployment insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund, as
provided under sections 201(m), 228(g), and 1131(b)(2) of the
Social Security Act, $20,404,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section 201(g)(1)
of the Social Security Act, $37,582,991,000, to remain
available until expended: Provided, That any portion of the
funds provided to a State in the current fiscal year and not
obligated by the State during that year shall be returned to
the Treasury: Provided further, That not more than $8,000,000
shall be available for research and demonstrations under
sections 1110 and 1144 of the Social Security Act and remain
available through September 30, 2013.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the current
fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2013,
$18,200,000,000, to remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than
$10,555,494,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to in such section: Provided, That
not less than $2,150,000 shall be for the Social Security
Advisory Board: Provided further, That unobligated balances of
funds provided under this paragraph at the end of fiscal year
2012 not needed for fiscal year 2012 shall remain available
until expended to invest in the Social Security Administration
information technology and telecommunications hardware and
software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure:
Provided further, That the Commissioner of Social Security
shall notify the Committees on Appropriations of the House of
Representatives and the Senate prior to making unobligated
balances available under the authority in the previous proviso:
Provided further, That reimbursement to the trust funds under
this heading for expenditures for official time for employees
of the Social Security Administration pursuant to 5 U.S.C.
7131, and for facilities or support services for labor
organizations pursuant to policies, regulations, or procedures
referred to in section 7135(b) of such title shall be made by
the Secretary of the Treasury, with interest, from amounts in
the general fund not otherwise appropriated, as soon as
possible after such expenditures are made.
In addition, for continuing disability reviews under titles
II and XVI of the Social Security Act and for the cost
associated with conducting redeterminations of eligibility
under title XVI of the Social Security Act, $274,000,000 may be
expended, as authorized by section 201(g)(1) of the Social
Security Act, from any one or all of the trust funds referred
to therein: Provided, That the Commissioner shall provide to
the Congress (at the conclusion of the fiscal year) a report on
the obligation and expenditure of these funds, similar to the
reports that were required by section 103(d)(2) of Public Law
104-121 for fiscal years 1996 through 2002.
In addition, $161,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended. To the extent that the amounts
collected pursuant to such sections in fiscal year 2012 exceed
$161,000,000, the amounts shall be available in fiscal year
2013 only to the extent provided in advance in appropriations
Acts.
In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act, which shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $28,942,000, together with not to exceed $73,535,000, to
be transferred and expended as authorized by section 201(g)(1)
of the Social Security Act from the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be available
for the time and purposes for which this account is available:
Provided, That notice of such transfers shall be transmitted
promptly to the Committees on Appropriations of the House of
Representatives and the Senate at least 15 days in advance of
any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act. Such transferred
balances shall be used for the same purpose, and for the same
periods of time, for which they were originally appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act or transferred pursuant to section 4002 of Public Law
111-148 shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or use
of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation
designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or
legislative body, except in presentation to the Congress or any
State or local legislature itself, or designed to support or
defeat any proposed or pending regulation, administrative
action, or order issued by the executive branch of any State or
local government, except in presentation to the executive
branch of any State or local government itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient, related
to any activity designed to influence the enactment of
legislation, appropriations, regulation, administrative action,
or Executive order proposed or pending before the Congress or
any State government, State legislature or local legislature or
legislative body, other than for normal and recognized
executive-legislative relationships or participation by an
agency or officer of a State, local or tribal government in
policymaking and administrative processes within the executive
branch of that government.
(c) The prohibitions in subsections (a) and (b) shall
include any activity to advocate or promote any proposed,
pending or future Federal, State or local tax increase, or any
proposed, pending, or future requirement or restriction on any
legal consumer product, including its sale or marketing,
including but not limited to the advocacy or promotion of gun
control.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and $20,000,
respectively, from funds available for salaries and expenses
under titles I and III, respectively, for official reception
and representation expenses; the Director of the Federal
Mediation and Conciliation Service is authorized to make
available for official reception and representation expenses
not to exceed $5,000 from the funds available for ``Federal
Mediation and Conciliation Service, Salaries and Expenses'';
and the Chairman of the National Mediation Board is authorized
to make available for official reception and representation
expenses not to exceed $5,000 from funds available for
``National Mediation Board, Salaries and Expenses''.
Sec. 505. When issuing statements, press releases,
requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part with
Federal money, all grantees receiving Federal funds included in
this Act, including but not limited to State and local
governments and recipients of Federal research grants, shall
clearly state--
(1) the percentage of the total costs of the
program or project which will be financed with Federal
money;
(2) the dollar amount of Federal funds for the
project or program; and
(3) percentage and dollar amount of the total costs
of the project or program that will be financed by non-
governmental sources.
Sec. 506. (a) None of the funds appropriated in this Act,
and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated in
this Act, shall be expended for health benefits coverage that
includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of
rape or incest; or
(2) in the case where a woman suffers from a
physical disorder, physical injury, or physical
illness, including a life-endangering physical
condition caused by or arising from the pregnancy
itself, that would, as certified by a physician, place
the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than a
State's or locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State or
local government, if such agency, program, or government
subjects any institutional or individual health care entity to
discrimination on the basis that the health care entity does
not provide, pay for, provide coverage of, or refer for
abortions.
(2) In this subsection, the term ``health care entity''
includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization, a
health maintenance organization, a health insurance plan, or
any other kind of health care facility, organization, or plan.
Sec. 508. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for
research purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research
on fetuses in utero under 45 CFR 46.204(b) and section
498(b) of the Public Health Service Act (42 U.S.C.
289g(b)).
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the
schedules of controlled substances established under section
202 of the Controlled Substances Act except for normal and
recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act providing for, or providing
for the assignment of, a unique health identifier for an
individual (except in an individual's capacity as an employer
or a health care provider), until legislation is enacted
specifically approving the standard.
Sec. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if--
(1) such entity is otherwise a contractor with the
United States and is subject to the requirement in 38
U.S.C. 4212(d) regarding submission of an annual report
to the Secretary of Labor concerning employment of
certain veterans; and
(2) such entity has not submitted a report as
required by that section for the most recent year for
which such requirement was applicable to such entity.
Sec. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
Sec. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the certifications
required by paragraph (4) of such section.
Sec. 514. None of the funds made available by this Act to
carry out part D of title II of the Elementary and Secondary
Education Act of 1965 may be made available to any elementary
or secondary school covered by paragraph (1) of section 2441(a)
of such Act, as amended by the Children's Internet Protection
Act and the No Child Left Behind Act, unless the local
educational agency with responsibility for such covered school
has made the certifications required by paragraph (2) of such
section.
Sec. 515. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2012, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for
any project or activity for which funds have been
denied or restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or
activities presently performed by Federal employees;
unless the Committees on Appropriations of the House of
Representatives and the Senate are notified 15 days in advance
of such reprogramming or of an announcement of intent relating
to such reprogramming, whichever occurs earlier.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in
fiscal year 2012, or provided from any accounts in the Treasury
of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds in excess of $500,000 or 10 percent, whichever is
less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or
(3) results from any general savings from a
reduction in personnel which would result in a change
in existing programs, activities, or projects as
approved by Congress;
unless the Committees on Appropriations of the House of
Representatives and the Senate are notified 15 days in advance
of such reprogramming or of an announcement of intent relating
to such reprogramming, whichever occurs earlier.
Sec. 516. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political
affiliation or voting history of the candidate or the position
that the candidate holds with respect to political issues not
directly related to and necessary for the work of the committee
involved.
(b) None of the funds made available in this Act may be
used to disseminate information that is deliberately false or
misleading.
Sec. 517. Within 45 days of enactment of this Act, each
department and related agency funded through this Act shall
submit an operating plan that details at the program, project,
and activity level any funding allocations for fiscal year 2012
that are different than those specified in this Act, the
accompanying detailed table in the statement of the managers on
the conference report accompanying this Act, or the fiscal year
2012 budget request.
Sec. 518. The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the number and amount of contracts,
grants, and cooperative agreements exceeding $500,000 in value
and awarded by the Department on a non-competitive basis during
each quarter of fiscal year 2012, but not to include grants
awarded on a formula basis or directed by law. Such report
shall include the name of the contractor or grantee, the amount
of funding, the governmental purpose, including a justification
for issuing the award on a non-competitive basis. Such report
shall be transmitted to the Committees within 30 days after the
end of the quarter for which the report is submitted.
Sec. 519. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in excess
of such amount unless the prospective contractor or grantee
certifies in writing to the agency awarding the contract or
grant that, to the best of its knowledge and belief, the
contractor or grantee has filed all Federal tax returns
required during the 3 years preceding the certification, has
not been convicted of a criminal offense under the Internal
Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax
assessment for which the liability remains unsatisfied, unless
the assessment is the subject of an installment agreement or
offer in compromise that has been approved by the Internal
Revenue Service and is not in default, or the assessment is the
subject of a non-frivolous administrative or judicial
proceeding.
Sec. 520. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social
Security, for purposes of administering Social Security benefit
payments under title II of the Social Security Act, to process
any claim for credit for a quarter of coverage based on work
performed under a social security account number that is not
the claimant's number and the performance of such work under
such number has formed the basis for a conviction of the
claimant of a violation of section 208(a)(6) or (7) of the
Social Security Act.
Sec. 521. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees of
the Social Security Administration to administer Social
Security benefit payments, under any agreement between the
United States and Mexico establishing totalization arrangements
between the social security system established by title II of
the Social Security Act and the social security system of
Mexico, which would not otherwise be payable but for such
agreement.
(rescission)
Sec. 522. Of the funds made available for performance
bonus payments under section 2105(a)(3)(E) of the Social
Security Act, $6,367,964,000 are hereby rescinded.
Sec. 523. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to carry out
any program of distributing sterile needles or syringes for the
hypodermic injection of any illegal drug.
(rescission)
Sec. 524. Of the funds made available under section 1322
of Public Law 111-148, $400,000,000 are rescinded.
(rescission)
Sec. 525. Of the funds made available for fiscal year 2012
under section 3403 of Public Law 111-148, $10,000,000 are
rescinded.
Sec. 526. Not later than 30 days after the end of each
calendar quarter, beginning with the first quarter of fiscal
year 2013, the Departments of Labor, Health and Human Services
and Education and the Social Security Administration shall
provide the Committees on Appropriations of the House of
Representatives and Senate a quarterly report on the status of
balances of appropriations: Provided, That for balances that
are unobligated and uncommitted, committed, and obligated but
unexpended, the quarterly reports shall separately identify the
amounts attributable to each source year of appropriation
(beginning with fiscal year 2012, or, to the extent feasible,
earlier fiscal years) from which balances were derived.
Sec. 527. (a) Across-the-Board Rescissions.--There is
hereby rescinded an amount equal to 0.189 percent of--
(1) the budget authority provided for fiscal year
2012 for any discretionary account of this Act; and
(2) the budget authority provided in any advance
appropriation for fiscal year 2012 for any
discretionary account in prior Acts making
appropriations for the Departments of Labor, Health and
Human Services, and Education, and Related Agencies.
(b) Proportionate Application.--Any rescission made by
subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of
budget authority described in such subsection; and
(2) within each such account and item, to each
program, project, and activity (with programs,
projects, and activities as delineated in this Act or
the accompanying statement of managers).
(c) Exception.--This section shall not apply to
discretionary authority appropriated for the Federal Pell
Grants program under the heading ``Department of Education,
Student Financial Assistance''.
(d) OMB Report.--Within 30 days after the date of the
enactment of this section, the Director of the Office of
Management and Budget shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a
report specifying the account and amount of each rescission
made pursuant to this section.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2012''.
DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2012
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $18,760; the
President Pro Tempore of the Senate, $37,520; Majority Leader
of the Senate, $39,920; Minority Leader of the Senate, $39,920;
Majority Whip of the Senate, $9,980; Minority Whip of the
Senate, $9,980; Chairmen of the Majority and Minority
Conference Committees, $4,690 for each Chairman; and Chairmen
of the Majority and Minority Policy Committees, $4,690 for each
Chairman; in all, $174,840.
Representation Allowances for the Majority and Minority Leaders
For representation allowances of the Majority and Minority
Leaders of the Senate, $14,070 for each such Leader; in all,
$28,140.
Salaries, Officers and Employees
For compensation of officers, employees, and others as
authorized by law, including agency contributions,
$175,763,738, which shall be paid from this appropriation
without regard to the following limitations:
office of the vice president
For the Office of the Vice President, $2,361,248.
office of the president pro tempore
For the Office of the President Pro Tempore, $705,466.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders,
$5,201,576.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,281,424.
committee on appropriations
For salaries of the Committee on Appropriations,
$14,863,573.
conference committees
For the Conference of the Majority and the Conference of
the Minority, at rates of compensation to be fixed by the
Chairman of each such committee, $1,619,195 for each such
committee; in all, $3,238,390.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the
Majority and the Conference of the Minority, $797,402.
policy committees
For salaries of the Majority Policy Committee and the
Minority Policy Committee, $1,653,905 for each such committee;
in all, $3,307,810.
office of the chaplain
For Office of the Chaplain, $405,886.
office of the secretary
For Office of the Secretary, $24,194,115.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper,
$73,000,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the
Secretary for the Minority, $1,722,388.
agency contributions and related expenses
For agency contributions for employee benefits, as
authorized by law, and related expenses, $42,684,460.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $6,995,300.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal
Counsel, $1,449,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate,
$7,110; Sergeant at Arms and Doorkeeper of the Senate, $7,110;
Secretary for the Majority of the Senate, $7,110; Secretary for
the Minority of the Senate, $7,110; in all, $28,440.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96-304),
and Senate Resolution 281, 96th Congress, agreed to March 11,
1980, $131,305,860, of which $26,650,000 shall be available
until September 30, 2014.
expenses of the united states senate caucus on international narcotics
control
For expenses of the United States Senate Caucus on
International Narcotics Control, $487,822.
secretary of the senate
For expenses of the Office of the Secretary of the Senate
$5,816,344 of which $4,200,000 shall remain available until
September 30, 2016.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and
Doorkeeper of the Senate, $130,722,080, which shall remain
available until September 30, 2016.
miscellaneous items
For miscellaneous items, $19,360,000, which shall remain
available until September 30, 2014.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense
Account, $396,180,000 of which $18,921,206 shall remain
available until September 30, 2014.
official mail costs
For expenses necessary for official mail costs of the
Senate, $281,436.
administrative provision
payment of certain expenses
Sec. 1. (a) In General.--Subject to the approval of the
Committee on Appropriations of the Senate, if in any fiscal
year amounts in any appropriations account under the heading
``SENATE'' under the heading ``LEGISLATIVE BRANCH'' are
available for more than 1 fiscal year, the Secretary of the
Senate may establish procedures for the payment of expenses
with respect to that account from any amounts available for
that fiscal year.
(b) Effective Date.--This section shall apply to fiscal
year 2012 and each fiscal year thereafter.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,225,680,000, as follows:
house leadership offices
For salaries and expenses, as authorized by law,
$23,275,773, including: Office of the Speaker, $6,942,770,
including $25,000 for official expenses of the Speaker; Office
of the Majority Floor Leader, $2,277,595, including $10,000 for
official expenses of the Majority Leader; Office of the
Minority Floor Leader, $7,432,812, including $10,000 for
official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$1,971,050, including $5,000 for official expenses of the
Majority Whip; Office of the Minority Whip, including the Chief
Deputy Minority Whip, $1,524,951, including $5,000 for official
expenses of the Minority Whip; Republican Conference,
$1,572,788; Democratic Caucus, $1,553,807. In addition to the
amounts made available above, for salaries and expenses under
this heading, to be available during the period beginning
September 30, 2012, and ending December 31, 2013; $5,818,948,
including: Office of the Speaker, $1,735,694, including $6,250
for official expenses of the Speaker; Office of the Majority
Floor Leader, $569,399, including $2,500 for official expenses
of the Majority Leader; Office of the Minority Floor Leader,
$1,858,205, including $2,500 for official expenses of the
Minority Leader; Office of the Majority Whip, including the
Chief Deputy Majority Whip, $492,763, including $1,250 for
official expenses of the Majority Whip; Office of the Minority
Whip, including the Chief Deputy Minority Whip, $381,238,
including $1,250 for official expenses of the Minority Whip;
Republican Conference, $393,197; Democratic Caucus, $388,452.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including
Members' clerk hire, official expenses, and official mail,
$573,939,282.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special
and select, authorized by House resolutions, $125,964,870:
Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2012.
Committee on Appropriations
For salaries and expenses of the Committee on
Appropriations, $26,665,785, including studies and examinations
of executive agencies and temporary personal services for such
committee, to be expended in accordance with section 202(b) of
the Legislative Reorganization Act of 1946 and to be available
for reimbursement to agencies for services performed:
Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2012.
Salaries, Officers and Employees
For salaries and expenses of officers and employees, as
authorized by law, $177,628,400, including: for salaries and
expenses of the Office of the Clerk, including not more than
$23,000, of which not more than $20,000 is for the Family Room,
for official representation and reception expenses,
$26,114,400, of which $2,000,000 shall remain available until
expended; for salaries and expenses of the Office of the
Sergeant at Arms, including the position of Superintendent of
Garages and the Office of Emergency Management, and including
not more than $3,000 for official representation and reception
expenses, $12,585,000 of which $4,445,000 shall remain
available until expended; for salaries and expenses of the
Office of the Chief Administrative Officer including not more
than $3,000 for official representation and reception expenses,
$116,782,000, of which $3,937,000 shall remain available until
expended; for salaries and expenses of the Office of the
Inspector General, $5,045,000; for salaries and expenses of the
Office of General Counsel, $1,415,000; for the Office of the
Chaplain, $179,000; for salaries and expenses of the Office of
the Parliamentarian, including the Parliamentarian, $2,000 for
preparing the Digest of Rules, and not more than $1,000 for
official representation and reception expenses, $2,060,000; for
salaries and expenses of the Office of the Law Revision Counsel
of the House, $3,258,000; for salaries and expenses of the
Office of the Legislative Counsel of the House, $8,814,000; for
salaries and expenses of the Office of Interparliamentary
Affairs, $859,000; for other authorized employees, $347,000;
and for salaries and expenses of the Historian, $170,000.
Allowances and Expenses
For allowances and expenses as authorized by House
resolution or law, $292,386,942, including: supplies,
materials, administrative costs and Federal tort claims,
$3,696,118; official mail for committees, leadership offices,
and administrative offices of the House, $201,000; Government
contributions for health, retirement, Social Security, and
other applicable employee benefits, $264,848,219; Business
Continuity and Disaster Recovery, $17,112,072, of which
$5,000,000 shall remain available until expended; transition
activities for new members and staff, $1,721,533; Wounded
Warrior Program $2,500,000, to remain available until expended;
Office of Congressional Ethics, $1,548,000; and miscellaneous
items including purchase, exchange, maintenance, repair and
operation of House motor vehicles, interparliamentary
receptions, and gratuities to heirs of deceased employees of
the House, $760,000.
Administrative Provisions
Sec. 101. (a) Requiring Amounts Remaining in Members'
Representational Allowances To Be Used for Deficit Reduction or
To Reduce the Federal Debt.--Notwithstanding any other
provision of law, any amounts appropriated under this Act for
``HOUSE OF REPRESENTATIVES--Salaries and Expenses--Members'
Representational Allowances'' shall be available only for
fiscal year 2012. Any amount remaining after all payments are
made under such allowances for fiscal year 2012 shall be
deposited in the Treasury and used for deficit reduction (or,
if there is no Federal budget deficit after all such payments
have been made, for reducing the Federal debt, in such manner
as the Secretary of the Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of
the House of Representatives shall have authority to prescribe
regulations to carry out this section.
(c) Definition.--As used in this section, the term ``Member
of the House of Representatives'' means a Representative in, or
a Delegate or Resident Commissioner to, the Congress.
Republican Policy Committee
Sec. 102. (a) Section 109(a) of the Legislative Branch
Appropriations Act, 2005 (2 U.S.C. 74a-13(a)) is amended by
striking ``the chair of the Republican Conference'' and
inserting the following: ``the Speaker of the House of
Representatives (or, if the Speaker is not a member of the
Republican Party, the Minority Leader of the House of
Representatives)''.
(b) Section 109(b) of such Act (2 U.S.C. 74a-13(b)) is
amended by striking the period at the end and inserting the
following: ``, and which shall be obligated and expended as
directed by the Speaker (or, if the Speaker is not a member of
the Republican party, the Minority Leader).''.
(c) The amendment made by subsection (a) shall apply with
respect to fiscal year 2012 and each succeeding fiscal year.
Authority of Speaker and Minority Leader to Allocate Funds Among
Certain House Leadership Offices
Sec. 103. (a) Authority of Speaker.--
(1) Authority described.--Notwithstanding any other
provision of law (including any provision of law that
sets forth an allowance for official expenses), the
amount appropriated or otherwise made available during
a Congress for the salaries and expenses of any office
or authority described in paragraph (2) shall be the
amount allocated for such office or authority by the
Speaker of the House of Representatives from the
aggregate amount appropriated or otherwise made
available for all such offices and authorities.
(2) Offices and authorities described.--The offices
and authorities described in this paragraph are as
follows:
(A) The Office of the Speaker.
(B) The Speaker's Office for Legislative
Floor Activities.
(C) The Republican Steering Committee (if
the Speaker is a member of the Republican
party) or the Democratic Steering and Policy
Committee (if the Speaker is a member of the
Democratic party).
(D) The Republican Policy Committee (if the
Speaker is a member of the Republican party).
(E) Training and program development--
majority (as described under the heading
``House leadership offices'' in the most recent
bill making appropriations for the legislative
branch that was enacted prior to the date of
the enactment of this Act).
(F) Cloakroom personnel--majority (as so
described).
(b) Authority of Minority Leader.--
(1) Authority described.--Notwithstanding any other
provision of law (including any provision of law that
sets forth an allowance for official expenses), the
amount appropriated or otherwise made available during
a Congress for the salaries and expenses of any office
or authority described in paragraph (2) shall be the
amount allocated for such office or authority by the
Minority Leader of the House of Representatives from
the aggregate amount appropriated or otherwise made
available for all such offices and authorities.
(2) Offices and authorities described.--The offices
and authorities described in this paragraph are as
follows:
(A) The Office of the Minority Leader.
(B) The Democratic Steering and Policy
Committee (if the Minority Leader is a member
of the Democratic party) or the Republican
Steering Committee (if the Minority Leader is a
member of the Republican party).
(C) The Republican Policy Committee (if the
Minority Leader is a member of the Republican
party).
(D) Training and program development--
minority (as described under the heading
``House leadership offices'' in the most recent
bill making appropriations for the legislative
branch that was enacted prior to the date of
the enactment of this Act).
(E) Cloakroom personnel--minority (as so
described).
(F) Nine minority employees (as so
described).
(c) Effective Date.--This section shall apply with respect
to any months occurring during the One Hundred Twelfth Congress
that begin after the date of the enactment of this Act, and to
any succeeding Congress.
Republican Conference and the Democratic Steering and Policy Committee
Sec. 104. (a) Section 103(b) of the Legislative Branch
Appropriations Act, 1999 (2 U.S.C. 74a-8(b)) is amended--
(1) in the matter preceding paragraph (1), by
striking ``Subject to the allocation described in
subsection (c), funds'' and inserting ``Funds'';
(2) in paragraph (1), by striking ``direct;'' and
inserting the following: ``direct (or, if the Speaker
is not a member of the Republican Party, under such
terms and conditions as the Minority Leader of the
House of Representatives may direct);''; and
(3) in paragraph (2), by striking ``direct.'' and
inserting the following: ``direct (or, if the Speaker
is a member of the Democratic Party, under such terms
and conditions as the Speaker may direct).''.
(b) Section 103 of such Act (2 U.S.C. 74a-8(c)) is
amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection
(c).
(c) The amendments made by this section shall take effect
as if included in the enactment of the Legislative Branch
Appropriations Act, 1999.
Transfer of House Emergency Planning, Preparedness, and Operations
Functions to Sergeant at Arms
Sec. 105. Effective February 1, 2010--
(1) section 905 of the Emergency Supplemental Act,
2002 (2 U.S.C. 130i) is repealed; and
(2) the functions and responsibilities of the
Office of Emergency Planning, Preparedness and
Operations under section 905 of such Act are
transferred and assigned to the Sergeant at Arms of the
House of Representatives.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
Joint Congressional Committee on Inaugural Ceremonies of 2013
For salaries and expenses associated with conducting the
inaugural ceremonies of the President and Vice President of the
United States, January 20, 2013, in accordance with such
program as may be adopted by the joint congressional committee
authorized to conduct the inaugural ceremonies of 2013,
$1,237,000 to be disbursed by the Secretary of the Senate and
to remain available until September 30, 2013. Funds made
available under this heading shall be available for payment, on
a direct or reimbursable basis, whether incurred on, before, or
after, October 1, 2012: Provided, That the compensation of any
employee of the Committee on Rules and Administration of the
Senate who has been designated to perform service with respect
to the inaugural ceremonies of 2013 shall continue to be paid
by the Committee on Rules and Administration, but the account
from which such staff member is paid may be reimbursed for the
services of the staff member (including agency contributions
when appropriate) out of funds made available under this
heading.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on
Taxation, $10,004,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including: (1) an allowance of $2,175 per month to
the Attending Physician; (2) an allowance of $1,300 per month
to the Senior Medical Officer; (3) an allowance of $725 per
month each to three medical officers while on duty in the
Office of the Attending Physician; (4) an allowance of $725 per
month to 2 assistants and $580 per month each not to exceed 11
assistants on the basis heretofore provided for such
assistants; and (5) $2,427,000 for reimbursement to the
Department of the Navy for expenses incurred for staff and
equipment assigned to the Office of the Attending Physician,
which shall be advanced and credited to the applicable
appropriation or appropriations from which such salaries,
allowances, and other expenses are payable and shall be
available for all the purposes thereof, $3,400,000, to be
disbursed by the Chief Administrative Officer of the House of
Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,363,000, to be disbursed by the
Secretary of the Senate.
administrative provision
Sec. 1001. (a) In General.--Section 102(a) of the
Legislative Branch Appropriations Act, 2002 (2 U.S.C. 60c-5(a))
is amended--
(1) in paragraph (1), by inserting ``, except as
provided under subsection (b)(3)'' after ``means an
individual''; and
(2) by striking paragraphs (2) and (3) and
inserting the following:
``(2) Employee of the senate.--The term `employee
of the Senate'--
``(A) has the meaning given the term under
section 101 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1301); and
``(B) includes any employee of the Office
of Congressional Accessibility Services whose
pay is disbursed by the Secretary of the
Senate.
``(3) Employing office.--The term `employing
office'--
``(A) means the employing office, as
defined under section 101 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301), of
an employee of the Senate; and
``(B) includes the Office of Congressional
Accessibility Services with respect to
employees of that office whose pay is disbursed
by the Secretary of the Senate.''.
(b) Exclusion From Participation in Dual Programs.--Section
102(b) of the Legislative Branch Appropriations Act, 2002 (2
U.S.C. 60c-5(b)) is amended by adding at the end the following:
``(3) Exclusion from participation in dual
programs.--Notwithstanding section 5379 of title 5,
United States Code, an employee of the Office of
Congressional Accessibility Services may not
participate in the student loan repayment program
through an agreement under that section and participate
in the student loan repayment program through a service
agreement under this section at the same time.''.
(c) Effective Date and Application.--The amendments made by
this section shall take effect on the date of enactment of this
Act and apply to service agreements entered into under section
102 of the Legislative Branch Appropriations Act, 2002 (2
U.S.C. 60c-5) or section 5379 of title 5, United States Code,
on or after that date.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay differential, and Government
contributions for health, retirement, social security,
professional liability insurance, and other applicable employee
benefits, $277,133,000, to be disbursed by the Chief of the
Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including
motor vehicles, communications and other equipment, security
equipment and installation, uniforms, weapons, supplies,
materials, training, medical services, forensic services,
stenographic services, personal and professional services, the
employee assistance program, the awards program, postage,
communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol
Police in connection with official representation and reception
expenses, $63,004,000, of which $2,400,000 shall remain
available until September 30, 2014, to be disbursed by the
Chief of the Capitol Police or his designee: Provided, That,
notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law Enforcement
Training Center for fiscal year 2012 shall be paid by the
Secretary of Homeland Security from funds available to the
Department of Homeland Security.
Administrative Provisions
(including transfer of funds)
Sec. 1101. Amounts appropriated for fiscal year 2012 for
the Capitol Police may be transferred between the headings
``Salaries'' and ``General expenses'' upon the approval of the
Committees on Appropriations of the House of Representatives
and the Senate.
WAIVER BY CHIEF OF CAPITOL POLICE OF CLAIMS ARISING OUT OF ERRONEOUS
PAYMENTS TO OFFICERS AND EMPLOYEES
Sec. 1102. (a) Waiver of Claim.--Subject to the joint
approval of the Chief Administrative Officer of the House of
Representatives and the Secretary of the Senate, the Chief of
the United States Capitol Police may waive in whole or in part
a claim of the United States against a person arising out of an
erroneous payment of any pay or allowances, other than travel
and transportation expenses and allowances, to an officer,
member, or employee of the United States Capitol Police, if the
collection of the claim would be against equity and good
conscience and not in the best interests of the United States.
(b) Investigation of Application; Report.--The Chief shall
investigate each application for the waiver of a claim under
subsection (a) and shall submit a written report of the
investigation, including a description of the facts and
circumstances of the claim, to the Chief Administrative Officer
of the House of Representatives and the Secretary of the
Senate, except that if the aggregate amount of the claim
involved exceeds $1,500, the Comptroller General may also
investigate the application and submit a written report of the
investigation, including a description of the facts and
circumstances of the claim, to the Chief Administrative Officer
of the House of Representatives and the Secretary of the
Senate.
(c) Prohibition of Waiver Under Certain Circumstances.--The
Chief may not exercise the authority to waive a claim under
subsection (a) if--
(1) in the Chief's opinion, there exists in
connection with the claim an indication of fraud,
misrepresentation, fault, or lack of good faith on the
part of the officer, member, or employee involved or of
any other person having an interest in obtaining a
waiver of the claim; or
(2) the Chief receives the application for the
waiver after the expiration of the 3-year period that
begins on the date on which the erroneous payment of
pay or allowances was discovered.
(d) Credit for Waiver.--In the audit and settlement of
accounts of any accountable officer or official, full credit
shall be given for any amounts with respect to which collection
by the United States is waived under subsection (a).
(e) Effect of Waiver.--An erroneous payment, the collection
of which is waived under subsection (a), is deemed a valid
payment for all purposes.
(f) Construction With Other Laws.--This section does not
affect any authority under any other law to litigate, settle,
compromise, or waive any claim of the United States.
(g) Rules and Regulations.--Subject to the approval of the
Chief Administrative Officer of the House of Representatives
and the Secretary of the Senate, the Chief shall promulgate
rules and regulations to carry out this section.
(h) Effective Date.--This section shall apply with respect
to payments of pay and allowances made at any time after the
Chief became the disbursing officer for the United States
Capitol Police pursuant to section 1018(a) of the Legislative
Branch Appropriations Act, 2003 (2 U.S.C. 1907(a)).
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1385), $3,817,000, of which $700,000
shall remain available until September 30, 2013: Provided,
That not more than $500 may be expended on the certification of
the Executive Director of the Office of Compliance in
connection with official representation and reception expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to
be expended on the certification of the Director of the
Congressional Budget Office in connection with official
representation and reception expenses, $43,787,000.
ARCHITECT OF THE CAPITOL
General Administration
For salaries for the Architect of the Capitol, and other
personal services, at rates of pay provided by law; for surveys
and studies in connection with activities under the care of the
Architect of the Capitol; for all necessary expenses for the
general and administrative support of the operations under the
Architect of the Capitol including the Botanic Garden;
electrical substations of the Capitol, Senate and House office
buildings, and other facilities under the jurisdiction of the
Architect of the Capitol; including furnishings and office
equipment; including not more than $5,000 for official
reception and representation expenses, to be expended as the
Architect of the Capitol may approve; for purchase or exchange,
maintenance, and operation of a passenger motor vehicle,
$101,340,000, of which $3,749,000 shall remain available until
September 30, 2016.
Capitol Building
For all necessary expenses for the maintenance, care and
operation of the Capitol, $36,154,000, of which $11,063,000
shall remain available until September 30, 2016.
Capitol Grounds
For all necessary expenses for care and improvement of
grounds surrounding the Capitol, the Senate and House office
buildings, and the Capitol Power Plant, $9,852,000.
Senate Office Buildings
For all necessary expenses for the maintenance, care and
operation of Senate office buildings; and furniture and
furnishings to be expended under the control and supervision of
the Architect of the Capitol, $71,128,000, of which $13,128,000
shall remain available until September 30, 2016.
House Office Buildings
For all necessary expenses for the maintenance, care and
operation of the House office buildings, $94,154,000, of which
$45,631,000 shall remain available until September 30, 2016.
In addition, for a payment to the House Historic Buildings
Revitalization Trust Fund, $30,000,000, shall remain available
until expended.
Capitol Power Plant
For all necessary expenses for the maintenance, care and
operation of the Capitol Power Plant; lighting, heating, power
(including the purchase of electrical energy) and water and
sewer services for the Capitol, Senate and House office
buildings, Library of Congress buildings, and the grounds about
the same, Botanic Garden, Senate garage, and air conditioning
refrigeration not supplied from plants in any of such
buildings; heating the Government Printing Office and
Washington City Post Office, and heating and chilled water for
air conditioning for the Supreme Court Building, the Union
Station complex, the Thurgood Marshall Federal Judiciary
Building and the Folger Shakespeare Library, expenses for which
shall be advanced or reimbursed upon request of the Architect
of the Capitol and amounts so received shall be deposited into
the Treasury to the credit of this appropriation, $123,229,000,
of which $37,617,000 shall remain available until September 30,
2016: Provided, That not more than $9,000,000 of the funds
credited or to be reimbursed to this appropriation as herein
provided shall be available for obligation during fiscal year
2012.
Library Buildings and Grounds
For all necessary expenses for the mechanical and
structural maintenance, care and operation of the Library
buildings and grounds, $46,876,000, of which $21,116,000 shall
remain available until September 30, 2016.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and
operation of buildings, grounds and security enhancements of
the United States Capitol Police, wherever located, the
Alternate Computer Facility, and AOC security operations,
$21,500,000, of which $3,473,000 shall remain available until
September 30, 2016.
Botanic Garden
For all necessary expenses for the maintenance, care and
operation of the Botanic Garden and the nurseries, buildings,
grounds, and collections; and purchase and exchange,
maintenance, repair, and operation of a passenger motor
vehicle; all under the direction of the Joint Committee on the
Library, $12,000,000: Provided, That of the amount made
available under this heading, the Architect of the Capitol may
obligate and expend such sums as may be necessary for the
maintenance, care and operation of the National Garden
established under section 307E of the Legislative Branch
Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers
approved by the Architect of the Capitol or a duly authorized
designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol
Visitor Center, $21,276,000.
Administrative Provisions
(including transfer of funds)
USE OF CONSTRUCTION PROJECT FUNDS TO REIMBURSE CAPITOL POLICE FOR
RELATED OVERTIME COSTS
Sec. 1201. (a) Payment of Overtime Costs.--The Architect
of the Capitol shall transfer amounts made available for
construction projects during a fiscal year to the applicable
appropriations accounts of the United States Capitol Police in
order to reimburse the Capitol Police for overtime costs
incurred in connection with such projects.
(b) Effective Date.--This section shall apply with respect
to fiscal year 2013 and each succeeding fiscal year.
TRANSFER TO ARCHITECT OF THE CAPITOL
Sec. 1202. (a) Transfer.--To the extent that the Director
of the National Park Service has jurisdiction and control over
any portion of the area described in subsection (b) and any
monument or other facility which is located within such area,
such jurisdiction and control is hereby transferred to the
Architect of the Capitol as of the date of the enactment of
this Act.
(b) Area Described.--The area described in this subsection
is the property which is bounded on the north by Pennsylvania
Avenue Northwest, on the east by First Street Northwest and
First Street Southwest, on the south by Maryland Avenue
Southwest, and on the west by Third Street Southwest and Third
Street Northwest.
LIBRARY OF CONGRESS
Salaries and Expenses
For necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library's catalogs; custody and custodial care of the
Library buildings; special clothing; cleaning, laundering and
repair of uniforms; preservation of motion pictures in the
custody of the Library; operation and maintenance of the
American Folklife Center in the Library; activities under the
Civil Rights History Project Act of 2009; preparation and
distribution of catalog records and other publications of the
Library; hire or purchase of one passenger motor vehicle; and
expenses of the Library of Congress Trust Fund Board not
properly chargeable to the income of any trust fund held by the
Board, $420,093,000, of which not more than $6,000,000 shall be
derived from collections credited to this appropriation during
fiscal year 2012, and shall remain available until expended,
under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150) and not more than $350,000 shall be derived from
collections during fiscal year 2012 and shall remain available
until expended for the development and maintenance of an
international legal information database and activities related
thereto: Provided, That the Library of Congress may not
obligate or expend any funds derived from collections under the
Act of June 28, 1902, in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided
further, That the total amount available for obligation shall
be reduced by the amount by which collections are less than
$6,350,000: Provided further, That of the total amount
appropriated, not more than $12,000 may be expended, on the
certification of the Librarian of Congress, in connection with
official representation and reception expenses for the Overseas
Field Offices: Provided further, That of the total amount
appropriated, $6,959,000 shall remain available until expended
for the digital collections and educational curricula program.
Copyright Office
Salaries and Expenses
For all necessary expenses of the Copyright Office,
$51,650,000, of which not more than $28,029,000, to remain
available until expended, shall be derived from collections
credited to this appropriation during fiscal year 2012 under
section 708(d) of title 17, United States Code: Provided, That
not more than $2,000,000 shall be derived from prior year
available unobligated balances: Provided further, That the
Copyright Office may not obligate or expend any funds derived
from collections under such section, in excess of the amount
authorized for obligation or expenditure in appropriations
Acts: Provided further, That not more than $5,484,000 shall be
derived from collections during fiscal year 2012 under sections
111(d)(2), 119(b)(2), 803(e), 1005, and 1316 of such title:
Provided further, That the total amount available for
obligation shall be reduced by the amount by which collections
and prior year available unobligated balances are less than
$35,513,000: Provided further, That not more than $100,000 of
the amount appropriated is available for the maintenance of an
``International Copyright Institute'' in the Copyright Office
of the Library of Congress for the purpose of training
nationals of developing countries in intellectual property laws
and policies: Provided further, That not more than $4,250 may
be expended, on the certification of the Librarian of Congress,
in connection with official representation and reception
expenses for activities of the International Copyright
Institute and for copyright delegations, visitors, and
seminars: Provided further, That notwithstanding any provision
of chapter 8 of title 17, United States Code, any amounts made
available under this heading which are attributable to royalty
fees and payments received by the Copyright Office pursuant to
sections 111, 119, and chapter 10 of such title may be used for
the costs incurred in the administration of the Copyright
Royalty Judges program, with the exception of the costs of
salaries and benefits for the Copyright Royalty Judges and
staff under section 802(e).
Congressional Research Service
Salaries and Expenses
For all necessary expenses to carry out the provisions of
section 203 of the Legislative Reorganization Act of 1946 (2
U.S.C. 166) and to revise and extend the Annotated Constitution
of the United States of America, $106,790,000: Provided, That
no part of such amount may be used to pay any salary or expense
in connection with any publication, or preparation of material
therefor (except the Digest of Public General Bills), to be
issued by the Library of Congress unless such publication has
obtained prior approval of either the Committee on House
Administration of the House of Representatives or the Committee
on Rules and Administration of the Senate.
Books for the Blind and Physically Handicapped
Salaries and Expenses
For salaries and expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $50,674,000:
Provided, That of the total amount appropriated, $650,000 shall
be available to contract to provide newspapers to blind and
physically handicapped residents at no cost to the individual.
Administrative Provisions
Reimbursable and Revolving Fund Activities
Sec. 1301. (a) In General.--For fiscal year 2012, the
obligational authority of the Library of Congress for the
activities described in subsection (b) may not exceed
$169,725,000.
(b) Activities.--The activities referred to in subsection
(a) are reimbursable and revolving fund activities that are
funded from sources other than appropriations to the Library in
appropriations Acts for the legislative branch.
(c) Transfer of Funds.--During fiscal year 2012, the
Librarian of Congress may temporarily transfer funds
appropriated in this Act, under the heading ``Library of
Congress'', under the subheading ``Salaries and Expenses'', to
the revolving fund for the FEDLINK Program and the Federal
Research Program established under section 103 of the Library
of Congress Fiscal Operations Improvement Act of 2000 (Public
Law 106-481; 2 U.S.C. 182c): Provided, That the total amount
of such transfers may not exceed $1,900,000: Provided further,
That the appropriate revolving fund account shall reimburse the
Library for any amounts transferred to it before the period of
availability of the Library appropriation expires.
Transfer Authority
Sec. 1302. (a) In General.--Amounts appropriated for fiscal
year 2012 for the Library of Congress may be transferred during
fiscal year 2012 between any of the headings under the heading
``Library of Congress'' upon the approval of the Committees on
Appropriations of the House of Representatives and the Senate.
(b) Limitation.--Not more than 10 percent of the total
amount of funds appropriated to the account under any heading
under the heading ``Library of Congress'' for fiscal year 2012
may be transferred from that account by all transfers made
under subsection (a).
funds available for workers compensation payments
Sec. 1303. (a) In General.--Available balances of expired
Library of Congress appropriations shall be available to the
Library of Congress to make the deposit to the credit of the
Employees' Compensation Fund required by subsection 8147(b) of
title 5, United States Code.
(b) Effective Date.--This section shall apply with respect
to appropriations for fiscal year 2012 and each fiscal year
thereafter.
PERMITTING USE OF PROCEEDS FROM DISPOSITION OF SURPLUS OR OBSOLETE
PERSONAL PROPERTY
Sec. 1304. (a) Disposition of Property.--Within the limits
of available appropriations, the Librarian of Congress may
dispose of surplus or obsolete personal property of the Library
of Congress by interagency transfer, donation, sale, trade-in,
or other appropriate method.
(b) Use of Proceeds.--Any amounts received by the Librarian
of Congress from the disposition of property under subsection
(a) shall be credited to the funds available for the operations
of the Library of Congress, and shall be available to acquire
the same or similar property during the fiscal year in which
the amounts are received and the following fiscal year.
(c) Effective Date.--This section shall apply with respect
to fiscal year 2012 and each succeeding fiscal year.
GOVERNMENT PRINTING OFFICE
Congressional Printing and Binding
(including transfer of funds)
For authorized printing and binding for the Congress and
the distribution of Congressional information in any format;
printing and binding for the Architect of the Capitol; expenses
necessary for preparing the semimonthly and session index to
the Congressional Record, as authorized by law (section 902 of
title 44, United States Code); printing and binding of
Government publications authorized by law to be distributed to
Members of Congress; and printing, binding, and distribution of
Government publications authorized by law to be distributed
without charge to the recipient, $90,700,000: Provided, That
this appropriation shall not be available for paper copies of
the permanent edition of the Congressional Record for
individual Representatives, Resident Commissioners or Delegates
authorized under section 906 of title 44, United States Code:
Provided further, That this appropriation shall be available
for the payment of obligations incurred under the
appropriations for similar purposes for preceding fiscal years:
Provided further, That notwithstanding the 2-year limitation
under section 718 of title 44, United States Code, none of the
funds appropriated or made available under this Act or any
other Act for printing and binding and related services
provided to Congress under chapter 7 of title 44, United States
Code, may be expended to print a document, report, or
publication after the 27-month period beginning on the date
that such document, report, or publication is authorized by
Congress to be printed, unless Congress reauthorizes such
printing in accordance with section 718 of title 44, United
States Code: Provided further, That any unobligated or
unexpended balances in this account or accounts for similar
purposes for preceding fiscal years may be transferred to the
Government Printing Office revolving fund for carrying out the
purposes of this heading, subject to the approval of the
Committees on Appropriations of the House of Representatives
and Senate: Provided further, That notwithstanding sections
901, 902, and 906 of title 44, United States Code, this
appropriation may be used to prepare indexes to the
Congressional Record on only a monthly and session basis.
Office of Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the Office of Superintendent of Documents
necessary to provide for the cataloging and indexing of
Government publications and their distribution to the public,
Members of Congress, other Government agencies, and designated
depository and international exchange libraries as authorized
by law, $35,000,000: Provided, That amounts of not more than
$2,000,000 from current year appropriations are authorized for
producing and disseminating congressional serial sets and other
related publications for fiscal years 2010 and 2011 to
depository and other designated libraries: Provided further,
That any unobligated or unexpended balances in this account or
accounts for similar purposes for preceding fiscal years may be
transferred to the Government Printing Office revolving fund
for carrying out the purposes of this heading, subject to the
approval of the Committees on Appropriations of the House of
Representatives and Senate.
Government Printing Office Revolving Fund
For payment to the Government Printing Office Revolving
Fund, $500,000 for information technology development:
Provided, That the Government Printing Office is hereby
authorized to make such expenditures, within the limits of
funds available and in accordance with law, and to make such
contracts and commitments without regard to fiscal year
limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the programs
and purposes set forth in the budget for the current fiscal
year for the Government Printing Office revolving fund:
Provided further, That not more than $7,500 may be expended on
the certification of the Public Printer in connection with
official representation and reception expenses: Provided
further, That the revolving fund shall be available for the
hire or purchase of not more than 12 passenger motor vehicles:
Provided further, That expenditures in connection with travel
expenses of the advisory councils to the Public Printer shall
be deemed necessary to carry out the provisions of title 44,
United States Code: Provided further, That the revolving fund
shall be available for temporary or intermittent services under
section 3109(b) of title 5, United States Code, but at rates
for individuals not more than the daily equivalent of the
annual rate of basic pay for level V of the Executive Schedule
under section 5316 of such title: Provided further, That
activities financed through the revolving fund may provide
information in any format: Provided further, That the
revolving fund and the funds provided under the headings
``Office of Superintendent of Documents'' and ``Salaries and
Expenses'' may not be used for contracted security services at
GPO's passport facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States
in connection with official representation and reception
expenses; temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule under
section 5315 of such title; hire of one passenger motor
vehicle; advance payments in foreign countries in accordance
with section 3324 of title 31, United States Code; benefits
comparable to those payable under sections 901(5), (6), and (8)
of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), (6), and
(8)); and under regulations prescribed by the Comptroller
General of the United States, rental of living quarters in
foreign countries, $511,296,000: Provided, That, in addition,
$22,304,000 of payments received under sections 782, 3521, and
9105 of title 31, United States Code, shall be available
without fiscal year limitation: Provided further, That this
appropriation and appropriations for administrative expenses of
any other department or agency which is a member of the
National Intergovernmental Audit Forum or a Regional
Intergovernmental Audit Forum shall be available to finance an
appropriate share of either Forum's costs as determined by the
respective Forum, including necessary travel expenses of non-
Federal participants: Provided further, That payments
hereunder to the Forum may be credited as reimbursements to any
appropriation from which costs involved are initially financed.
Administrative Provision
Sec. 1401. (a) Section 210 of the Legislative Branch
Appropriations Act, 2005 (2 U.S.C. 60q) is amended--
(1) by striking subsection (d); and
(2) in subsection (f)(2)(A), by striking ``United
States Code'' and inserting ``United States Code, but
excluding the Government Accountability Office''.
(b) Section 3521(1) of title 5, United States Code, is
amended by striking ``section 105'' and inserting ``section 105
(other than the Government Accountability Office)''.
(c) The amendments made by this section shall apply with
respect to voluntary separation incentive payments made during
fiscal year 2012 or any succeeding fiscal year.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust
Fund for financing activities of the Open World Leadership
Center under section 313 of the Legislative Branch
Appropriations Act, 2001 (2 U.S.C. 1151), $10,000,000.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public
Service Development Trust Fund established under section 116 of
the John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act
shall be used for the maintenance or care of private vehicles,
except for emergency assistance and cleaning as may be provided
under regulations relating to parking facilities for the House
of Representatives issued by the Committee on House
Administration and for the Senate issued by the Committee on
Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act
shall remain available for obligation beyond fiscal year 2012
unless expressly so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 (46
Stat. 32 et seq.) is appropriated for or the rate of
compensation or designation of any office or position
appropriated for is different from that specifically
established by such Act, the rate of compensation and the
designation in this Act shall be the permanent law with respect
thereto: Provided, That the provisions in this Act for the
various items of official expenses of Members, officers, and
committees of the Senate and House of Representatives, and
clerk hire for Senators and Members of the House of
Representatives shall be the permanent law with respect
thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
under section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law, or under existing
Executive order issued under existing law.
awards and settlements
Sec. 205. Such sums as may be necessary are appropriated
to the account described in subsection (a) of section 415 of
the Congressional Accountability Act of 1995 (2 U.S.C. 1415(a))
to pay awards and settlements as authorized under such
subsection.
costs of lbfmc
Sec. 206. Amounts available for administrative expenses of
any legislative branch entity which participates in the
Legislative Branch Financial Managers Council (LBFMC)
established by charter on March 26, 1996, shall be available to
finance an appropriate share of LBFMC costs as determined by
the LBFMC, except that the total LBFMC costs to be shared among
all participating legislative branch entities (in such
allocations among the entities as the entities may determine)
may not exceed $2,000.
landscape maintenance
Sec. 207. The Architect of the Capitol, in consultation
with the District of Columbia, is authorized to maintain and
improve the landscape features, excluding streets, in the
irregular shaped grassy areas bounded by Washington Avenue, SW,
on the northeast, Second Street, SW, on the west, Square 582 on
the south, and the beginning of the I-395 tunnel on the
southeast.
limitation on transfers
Sec. 208. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
guided tours of the capitol
Sec. 209. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in
this Act may be used to eliminate or restrict guided tours of
the United States Capitol which are led by employees and
interns of offices of Members of Congress and other offices of
the House of Representatives and Senate.
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of
the Capitol Police Board, guided tours of the United States
Capitol which are led by employees and interns described in
subsection (a) may be suspended temporarily or otherwise
subject to restriction for security or related reasons to the
same extent as guided tours of the United States Capitol which
are led by the Architect of the Capitol.
Sec. 210. None of the funds made available in this Act may
be used to deliver a printed copy of a bill, joint resolution,
or resolution to the office of a Member of the House of
Representatives (including a Delegate or Resident Commissioner
to the Congress) unless the Member requests a copy.
Sec. 211. None of the funds made available by this Act may
be used to deliver a printed copy of any version of the
Congressional Record to the office of a Member of the House of
Representatives (including a Delegate or Resident Commissioner
to the Congress).
Sec. 212. None of the funds made available in this Act may
be used by the Chief Administrative Officer of the House of
Representatives to make any payments from any Members'
Representational Allowance for the leasing of a vehicle,
excluding mobile district offices, in an aggregate amount that
exceeds $1,000 for the vehicle in any month.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2012''.
DIVISION H--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
AGENCIES APPROPRIATIONS ACT, 2012
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military installations,
facilities, and real property for the Army as currently
authorized by law, including personnel in the Army Corps of
Engineers and other personal services necessary for the
purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $3,006,491,000, to remain available until
September 30, 2016: Provided, That of this amount, not to
exceed $229,741,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of Army
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons
therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps as
currently authorized by law, including personnel in the Naval
Facilities Engineering Command and other personal services
necessary for the purposes of this appropriation,
$2,112,823,000, to remain available until September 30, 2016:
Provided, That of this amount, not to exceed $84,362,000 shall
be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of Navy determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons
therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently
authorized by law, $1,227,058,000, to remain available until
September 30, 2016: Provided, That of this amount, not to
exceed $81,913,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by
law, unless the Secretary of Air Force determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $3,431,957,000,
to remain available until September 30, 2016: Provided, That
such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations
of the Department of Defense available for military
construction or family housing as the Secretary may designate,
to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
which transferred: Provided further, That of the amount
appropriated, not to exceed $430,602,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons
therefor: Provided further, That of the amount appropriated,
notwithstanding any other provision of law, $24,118,000 shall
be available for payments to the North Atlantic Treaty
Organization for the planning, design, and construction of a
new North Atlantic Treaty Organization headquarters: Provided
further, That the Department of Defense shall not award a
design contract to exceed the 20 percent design level for the
Landstuhl Regional Medical Center in Germany until the
Secretary of Defense: (1) provides the Committees on
Appropriations of the House of Representatives and the Senate a
plan for implementing the recommendations of the Government
Accountability Office with respect to the plans, baseline data,
and estimated cost of the facility; and (2) certifies in
writing to the Committees that the facility is properly sized
and scoped to meet current and projected healthcare
requirements.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$773,592,000, to remain available until September 30, 2016:
Provided, That of the amount appropriated, not to exceed
$20,671,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless
the Director of the Army National Guard determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$116,246,000, to remain available until September 30, 2016:
Provided, That of the amount appropriated, not to exceed
$12,225,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless
the Director of the Air National Guard determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $280,549,000, to remain available until
September 30, 2016: Provided, That of the amount appropriated,
not to exceed $28,924,000 shall be available for study,
planning, design, and architect and engineer services, as
authorized by law, unless the Chief of the Army Reserve
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons
therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and Marine
Corps as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts,
$26,299,000, to remain available until September 30, 2016:
Provided, That of the amount appropriated, not to exceed
$2,591,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless
the Secretary of the Navy determines that additional
obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $33,620,000, to remain
available until September 30, 2016: Provided, That of the
amount appropriated, not to exceed $2,200,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of
the Air Force Reserve determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $247,611,000, to remain available until
expended.
Family Housing Construction, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$176,897,000, to remain available until September 30, 2016.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $493,458,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $100,972,000, to remain available until September 30,
2016.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $367,863,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$60,042,000, to remain available until September 30, 2016.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $429,523,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the military
departments) for operation and maintenance, leasing, and minor
construction, as authorized by law, $50,723,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $2,184,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section 2883
of title 10, United States Code, providing alternative means of
acquiring and improving military family housing and supporting
facilities.
Homeowners Assistance Fund
For the Homeowners Assistance Fund established by section
1013 of the Demonstration Cities and Metropolitan Development
Act of 1966, (42 U.S.C. 3374), as amended by section 1001 of
division A of the American Recovery and Reinvestment Act of
2009 (Public Law 111-5; 123 Stat. 194), $1,284,000, to remain
available until expended: Provided, That the Secretary of
Defense shall not issue any regulation or otherwise take any
action to limit the submission prior to September 30, 2012, of
applications for benefits, including permanent change of
station benefits, as provided under section 1013 of the
Demonstration Cities and Metropolitan Development Act of 1966,
(42 U.S.C. 3374), as amended.
Chemical Demilitarization Construction, Defense-Wide
For expenses of construction, not otherwise provided for,
necessary for the destruction of the United States stockpile of
lethal chemical agents and munitions in accordance with section
1412 of the Department of Defense Authorization Act, 1986 (50
U.S.C. 1521), and for the destruction of other chemical warfare
materials that are not in the chemical weapon stockpile, as
currently authorized by law, $75,312,000, to remain available
until September 30, 2016, which shall be only for the Assembled
Chemical Weapons Alternatives program.
Department of Defense Base Closure Account 1990
For deposit into the Department of Defense Base Closure
Account 1990, established by section 2906(a)(1) of the Defense
Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$323,543,000, to remain available until expended.
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the Defense
Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$258,776,000, to remain available until expended: Provided,
That the Department of Defense shall notify the Committees on
Appropriations of both Houses of Congress 14 days prior to
obligating an amount for a construction project that exceeds or
reduces the amount identified for that project in the most
recently submitted budget request for this account by 20
percent or $2,000,000, whichever is less: Provided further,
That the previous proviso shall not apply to projects costing
less than $5,000,000, except for those projects not previously
identified in any budget submission for this account and
exceeding the minor construction threshold under section 2805
of title 10, United States Code.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed $25,000,
to be performed within the United States, except Alaska,
without the specific approval in writing of the Secretary of
Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized therein
are certified as important to the national defense by the
Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in excess
of 100 percent of the value as determined by the Army Corps of
Engineers or the Naval Facilities Engineering Command, except:
(1) where there is a determination of value by a Federal court;
(2) purchases negotiated by the Attorney General or the
designee of the Attorney General; (3) where the estimated value
is less than $25,000; or (4) as otherwise determined by the
Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate any
activity from one base or installation to another, without
prior notification to the Committees on Appropriations of both
Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the opportunity
to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during the
current fiscal year may be used to pay real property taxes in
any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of both
Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts estimated
by the Government to exceed $500,000 for projects to be
accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Sea, unless such contracts are awarded to United States
firms or United States firms in joint venture with host nation
firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories and
possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Sea, may be used to award any
contract estimated by the Government to exceed $1,000,000 to a
foreign contractor: Provided, That this section shall not be
applicable to contract awards for which the lowest responsive
and responsible bid of a United States contractor exceeds the
lowest responsive and responsible bid of a foreign contractor
by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military
construction on Kwajalein Atoll for which the lowest responsive
and responsible bid is submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of plans and scope of any
proposed military exercise involving United States personnel 30
days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated to
exceed $100,000.
Sec. 114. Not more than 20 percent of the funds made
available in this title which are limited for obligation during
the current fiscal year shall be obligated during the last 2
months of the fiscal year.
Sec. 115. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current session
of Congress.
Sec. 116. For military construction or family housing
projects that are being completed with funds otherwise expired
or lapsed for obligation, expired or lapsed funds may be used
to pay the cost of associated supervision, inspection,
overhead, engineering and design on those projects and on
subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any
funds made available to a military department or defense agency
for the construction of military projects may be obligated for
a military construction project or contract, or for any portion
of such a project or contract, at any time before the end of
the fourth fiscal year after the fiscal year for which funds
for such project were made available, if the funds obligated
for such project: (1) are obligated from funds available for
military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which
the cost of such project is increased pursuant to law.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority
available to the Department of Defense, proceeds deposited to
the Department of Defense Base Closure Account established by
section 207(a)(1) of the Defense Authorization Amendments and
Base Closure and Realignment Act (10 U.S.C. 2687 note) pursuant
to section 207(a)(2)(C) of such Act, may be transferred to the
account established by section 2906(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to
be merged with, and to be available for the same purposes and
the same time period as that account.
(including transfer of funds)
Sec. 119. Subject to 30 days prior notification, or 14
days for a notification provided in an electronic medium
pursuant to sections 480 and 2883 of title 10, United States
Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the
Secretary of Defense may be transferred to: (1) the Department
of Defense Family Housing Improvement Fund from amounts
appropriated for construction in ``Family Housing'' accounts,
to be merged with and to be available for the same purposes and
for the same period of time as amounts appropriated directly to
the Fund; or (2) the Department of Defense Military
Unaccompanied Housing Improvement Fund from amounts
appropriated for construction of military unaccompanied housing
in ``Military Construction'' accounts, to be merged with and to
be available for the same purposes and for the same period of
time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be
available to cover the costs, as defined in section 502(5) of
the Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169 of title 10, United
States Code, pertaining to alternative means of acquiring and
improving military family housing, military unaccompanied
housing, and supporting facilities.
(including transfer of funds)
Sec. 120. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the accounts established by sections
2906(a)(1) and 2906A(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay
for expenses associated with the Homeowners Assistance Program
incurred under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred
shall be merged with and be available for the same purposes and
for the same time period as the fund to which transferred.
Sec. 121. Notwithstanding any other provision of law,
funds made available in this title for operation and
maintenance of family housing shall be the exclusive source of
funds for repair and maintenance of all family housing units,
including general or flag officer quarters: Provided, That not
more than $35,000 per unit may be spent annually for the
maintenance and repair of any general or flag officer quarters
without 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, except
that an after-the-fact notification shall be submitted if the
limitation is exceeded solely due to costs associated with
environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided
further, That the Under Secretary of Defense (Comptroller) is
to report annually to the Committees on Appropriations of both
Houses of Congress all operation and maintenance expenditures
for each individual general or flag officer quarters for the
prior fiscal year.
Sec. 122. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of title
10, United States Code, are appropriated and shall be available
until expended for the purposes specified in subsection (i)(1)
of such section or until transferred pursuant to subsection
(i)(3) of such section.
Sec. 123. None of the funds made available in this title,
or in any Act making appropriations for military construction
which remain available for obligation, may be obligated or
expended to carry out a military construction, land
acquisition, or family housing project at or for a military
installation approved for closure, or at a military
installation for the purposes of supporting a function that has
been approved for realignment to another installation, in 2005
under the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note), unless such a project at a military installation
approved for realignment will support a continuing mission or
function at that installation or a new mission or function that
is planned for that installation, or unless the Secretary of
Defense certifies that the cost to the United States of
carrying out such project would be less than the cost to the
United States of cancelling such project, or if the project is
at an active component base that shall be established as an
enclave or in the case of projects having multi-agency use,
that another Government agency has indicated it will assume
ownership of the completed project. The Secretary of Defense
may not transfer funds made available as a result of this
limitation from any military construction project, land
acquisition, or family housing project to another account or
use such funds for another purpose or project without the prior
approval of the Committees on Appropriations of both Houses of
Congress. This section shall not apply to military construction
projects, land acquisition, or family housing projects for
which the project is vital to the national security or the
protection of health, safety, or environmental quality:
Provided, That the Secretary of Defense shall notify the
congressional defense committees within seven days of a
decision to carry out such a military construction project.
(including transfer of funds)
Sec. 124. During the 5-year period after appropriations
available in this Act to the Department of Defense for military
construction and family housing operation and maintenance and
construction have expired for obligation, upon a determination
that such appropriations will not be necessary for the
liquidation of obligations or for making authorized adjustments
to such appropriations for obligations incurred during the
period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction,
Defense'', to be merged with and to be available for the same
time period and for the same purposes as the appropriation to
which transferred.
Sec. 125. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account in
accordance with the reprogramming guidelines for military
construction and family housing construction contained in
Department of Defense Financial Management Regulation 7000.14-
R, Volume 3, Chapter 7, of February 2009, as in effect on the
date of enactment of this Act.
Sec. 126. (a) Notwithstanding any other provision of law,
the Secretary of the Army shall close Umatilla Chemical Depot,
Oregon, not later than 1 year after the completion of chemical
demilitarization activities required under the Chemical Weapons
Convention.
(b) The closure of the Umatilla Chemical Depot, Oregon, and
subsequent management and property disposal shall be carried
out in accordance with procedures and authorities contained in
the Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 110-510; 10 U.S.C. 2687 note).
(c) Nothing in this section shall be construed to affect or
limit the application of, or any obligation to comply with, any
environmental law, including the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.).
(d) The Secretary of the Army may retain minimum essential
ranges, facilities, and training areas at Umatilla Chemical
Depot, totaling approximately 7,500 acres, as a training
enclave for the reserve components of the Armed Forces to
permit the conduct of individual and annual training.
Sec. 127. None of the funds made available by this Act may
be used by the Secretary of Defense to take beneficial
occupancy of more than 2,000 parking spaces (other than
handicap-reserved spaces) to be provided by the BRAC 133
project: Provided, That this limitation may be waived in part
if: (1) the Secretary of Defense certifies to Congress that
levels of service at existing intersections in the vicinity of
the project have not experienced failing levels of service as
defined by the Transportation Research Board Highway Capacity
Manual over a consecutive 90-day period; (2) the Department of
Defense and the Virginia Department of Transportation agree on
the number of additional parking spaces that may be made
available to employees of the facility subject to continued 90-
day traffic monitoring; and (3) the Secretary of Defense
notifies the congressional defense committees in writing at
least 14 days prior to exercising this waiver of the number of
additional parking spaces to be made available: Provided
further, That the Secretary of Defense shall implement the
Department of Defense Inspector General recommendations
outlined in report number DODIG-2012-024, and certify to
Congress not later than 180 days after enactment of this Act
that the recommendations have been implemented.
Sec. 128. None of the funds appropriated or otherwise made
available by this title may be obligated or expended for a
permanent United States Africa Command headquarters outside of
the United States until the Secretary of Defense provides the
congressional defense committees an analysis of all military
construction costs associated with establishing a permanent
location overseas versus in the United States.
Sec. 129. None of the funds made available by this Act may
be used for any action that relates to or promotes the
expansion of the boundaries or size of the Pinon Canyon
Maneuver Site, Colorado.
Sec. 130. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used by the
Secretary of the Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is
not performed by any other unit in the Army and is
specifically stipulated in title 10, United States
Code; and
(2) is located at a military installation at which
the total number of civilian employees of the
Department of the Army and Army contractor personnel
employed exceeds 10 percent of the total number of
members of the regular and reserve components of the
Army assigned to the installation.
(b) Exception.--Subsection (a) shall not apply if the
Secretary of the Army certifies to the congressional defense
committees that in proposing the relocation of the unit of the
Army, the Secretary complied with Army Regulation 5-10 relating
to the policy, procedures, and responsibilities for Army
stationing actions.
(including rescissions of funds)
Sec. 131. Of the unobligated balances available under the
following headings from prior appropriations Acts (other than
appropriations designated by law as being for contingency
operations directly related to the global war on terrorism or
as an emergency requirement), the following amounts are hereby
rescinded: ``Military Construction, Army'', $100,000,000;
``Military Construction, Navy and Marine Corps'', $25,000,000;
``Military Construction, Air Force'', $32,000,000; and
``Military Construction, Defense-Wide'', $131,400,000.
(including rescission of funds)
Sec. 132. Of the unobligated balances available for
``Department of Defense Base Closure Account 2005'', from prior
appropriations Acts (other than appropriations designated by
law as being for contingency operations directly related to the
global war on terrorism or as an emergency requirement),
$258,776,000 are hereby rescinded.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53, 55,
and 61 of title 38, United States Code; pension benefits to or
on behalf of veterans as authorized by chapters 15, 51, 53, 55,
and 61 of title 38, United States Code; and burial benefits,
the Reinstated Entitlement Program for Survivors, emergency and
other officers' retirement pay, adjusted-service credits and
certificates, payment of premiums due on commercial life
insurance policies guaranteed under the provisions of title IV
of the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et
seq.) and for other benefits as authorized by sections 107,
1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61 of
title 38, United States Code, $51,237,567,000, to remain
available until expended: Provided, That not to exceed
$32,187,000 of the amount appropriated under this heading shall
be reimbursed to ``General operating expenses, Veterans
Benefits Administration'', ``Medical support and compliance'',
and ``Information technology systems'' for necessary expenses
in implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and pensions''
appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be
reimbursed to ``Medical care collections fund'' to augment the
funding of individual medical facilities for nursing home care
provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 51, 53, 55, and 61 of title 38, United
States Code, $12,108,488,000, to remain available until
expended: Provided, That expenses for rehabilitation program
services and assistance which the Secretary is authorized to
provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5),
and (11) of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled veterans
insurance, and veterans mortgage life insurance as authorized
by chapters 19 and 21, title 38, United States Code,
$100,252,000, to remain available until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
during fiscal year 2012, within the resources available, not to
exceed $500,000 in gross obligations for direct loans are
authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $154,698,000.
vocational rehabilitation loans program account
For the cost of direct loans, $19,000, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That funds made available under this
heading are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $3,019,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $343,000, which may be paid to the
appropriation for ``General operating expenses, Veterans
Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $1,116,000.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including medical
supplies and equipment, food services, and salaries and
expenses of health care employees hired under title 38, United
States Code, aid to State homes as authorized by section 1741
of title 38, United States Code, assistance and support
services for caregivers as authorized by section 1720G of title
38, United States Code, and loan repayments authorized by
section 604 of the Caregivers and Veterans Omnibus Health
Services Act of 2010 (Public Law 111-163; 124 Stat. 1174; 38
U.S.C. 7681 note) $41,354,000,000, plus reimbursements, shall
become available on October 1, 2012, and shall remain available
until September 30, 2013: Provided, That notwithstanding any
other provision of law, the Secretary of Veterans Affairs shall
establish a priority for the provision of medical treatment for
veterans who have service-connected disabilities, lower income,
or have special needs: Provided further, That notwithstanding
any other provision of law, the Secretary of Veterans Affairs
shall give priority funding for the provision of basic medical
benefits to veterans in enrollment priority groups 1 through 6:
Provided further, That notwithstanding any other provision of
law, the Secretary of Veterans Affairs may authorize the
dispensing of prescription drugs from Veterans Health
Administration facilities to enrolled veterans with privately
written prescriptions based on requirements established by the
Secretary: Provided further, That the implementation of the
program described in the previous proviso shall incur no
additional cost to the Department of Veterans Affairs.
medical support and compliance
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the
Department as authorized under chapter 17 of title 38, United
States Code, and the Federal Medical Care Recovery Act (42
U.S.C. 2651 et seq.); $5,746,000,000, plus reimbursements,
shall become available on October 1, 2012, and shall remain
available until September 30, 2013.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other
necessary facilities of the Veterans Health Administration; for
administrative expenses in support of planning, design, project
management, real property acquisition and disposition,
construction, and renovation of any facility under the
jurisdiction or for the use of the Department; for oversight,
engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the
jurisdiction of the Department, not otherwise provided for,
either by contract or by the hire of temporary employees and
purchase of materials; for leases of facilities; and for
laundry services, $5,441,000,000, plus reimbursements, shall
become available on October 1, 2012, and shall remain available
until September 30, 2013.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $581,000,000, plus
reimbursements, shall remain available until September 30,
2013.
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations; hire
of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $250,934,000, of which not to
exceed $25,100,000 shall remain available until September 30,
2013: Provided, That none of the funds under this heading may
be used to expand the Urban Initiative project beyond those
sites outlined in the fiscal year 2012 or previous budget
submissions until the National Cemetery Administration submits
to the Committees on Appropriations of both Houses of Congress
a detailed strategy to serve the burial needs of veterans
residing in rural and highly rural areas: Provided further,
That the report shall include a timeline for implementation of
such strategy and cost estimates of establishing new burial
sites in at least five rural or highly rural locations.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-Wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services
Administration for security guard services, $416,737,000, of
which not to exceed $20,837,000 shall remain available until
September 30, 2013: Provided, That funds provided under this
heading may be transferred to ``General operating expenses,
Veterans Benefits Administration''.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General Services
Administration for security guard services, and reimbursement
of the Department of Defense for the cost of overseas employee
mail, $2,018,764,000: Provided, That expenses for services and
assistance authorized under paragraphs (1), (2), (5), and (11)
of section 3104(a) of title 38, United States Code, that the
Secretary of Veterans Affairs determines are necessary to
enable entitled veterans: (1) to the maximum extent feasible,
to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further,
That of the funds made available under this heading, not to
exceed $105,000,000 shall remain available until September 30,
2013: Provided further, That from the funds made available
under this heading, the Veterans Benefits Administration may
purchase (on a one-for-one replacement basis only) up to two
passenger motor vehicles for use in operations of that
Administration in Manila, Philippines.
information technology systems
For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems; for
pay and associated costs; and for the capital asset acquisition
of information technology systems, including management and
related contractual costs of said acquisitions, including
contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, $3,111,376,000,
plus reimbursements: Provided, That $915,000,000 shall be for
pay and associated costs, of which not to exceed $25,000,000
shall remain available until September 30, 2013: Provided
further, That $1,616,018,000 shall be for operations and
maintenance, of which not to exceed $110,000,000 shall remain
available until September 30, 2013: Provided further, That
$580,358,000 shall be for information technology systems
development, modernization, and enhancement, and shall remain
available until September 30, 2013: Provided further, That
none of the funds made available under this heading may be
obligated until the Department of Veterans Affairs submits to
the Committees on Appropriations of both Houses of Congress,
and such Committees approve, a plan for expenditure that: (1)
meets the capital planning and investment control review
requirements established by the Office of Management and
Budget; (2) complies with the Department of Veterans Affairs
enterprise architecture; (3) conforms with an established
enterprise life cycle methodology; and (4) complies with the
acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government:
Provided further, That amounts made available for information
technology systems development, modernization, and enhancement
may not be obligated or expended until the Secretary of
Veterans Affairs or the Chief Information Officer of the
Department of Veterans Affairs submits to the Committees on
Appropriations of both Houses of Congress a certification of
the amounts, in parts or in full, to be obligated and expended
for each development project: Provided further, That amounts
made available for salaries and expenses, operations and
maintenance, and information technology systems development,
modernization, and enhancement may be transferred among the
three subaccounts after the Secretary of Veterans Affairs
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval
is issued: Provided further, That the funds made available
under this heading for information technology systems
development, modernization, and enhancement, shall be for the
projects, and in the amounts, specified under this heading in
the Joint Explanatory Statement of the Committee of Conference.
office of inspector general
For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $112,391,000, of which $6,000,000 shall remain available
until September 30, 2013.
construction, major projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections 316,
2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of
title 38, United States Code, including planning, architectural
and engineering services, construction management services,
maintenance or guarantee period services costs associated with
equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, where the estimated
cost of a project is more than the amount set forth in section
8104(a)(3)(A) of title 38, United States Code, or where funds
for a project were made available in a previous major project
appropriation, $589,604,000, to remain available until
expended, of which $5,000,000 shall be to make reimbursements
as provided in section 13 of the Contract Disputes Act of 1978
(41 U.S.C. 612) for claims paid for contract disputes:
Provided, That except for advance planning activities,
including needs assessments which may or may not lead to
capital investments, and other capital asset management related
activities, including portfolio development and management
activities, and investment strategy studies funded through the
advance planning fund and the planning and design activities
funded through the design fund, including needs assessments
which may or may not lead to capital investments, and salaries
and associated costs of the resident engineers who oversee
those capital investments funded through this account, and
funds provided for the purchase of land for the National
Cemetery Administration through the land acquisition line item,
none of the funds made available under this heading shall be
used for any project which has not been approved by the
Congress in the budgetary process: Provided further, That
funds made available under this heading for fiscal year 2012,
for each approved project shall be obligated: (1) by the
awarding of a construction documents contract by September 30,
2012; and (2) by the awarding of a construction contract by
September 30, 2013: Provided further, That the Secretary of
Veterans Affairs shall promptly submit to the Committees on
Appropriations of both Houses of Congress a written report on
any approved major construction project for which obligations
are not incurred within the time limitations established above.
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which may
lead to capital investments, architectural and engineering
services, maintenance or guarantee period services costs
associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or
for any of the purposes set forth in sections 316, 2404, 2406,
8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38,
United States Code, where the estimated cost of a project is
equal to or less than the amount set forth in section
8104(a)(3)(A) of title 38, United States Code, $482,386,000, to
remain available until expended, along with unobligated
balances of previous ``Construction, minor projects''
appropriations which are hereby made available for any project
where the estimated cost is equal to or less than the amount
set forth in such section: Provided, That funds made available
under this heading shall be for: (1) repairs to any of the
nonmedical facilities under the jurisdiction or for the use of
the Department which are necessary because of loss or damage
caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize further
loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel, modify,
or alter existing hospital, nursing home, and domiciliary
facilities in State homes, for furnishing care to veterans as
authorized by sections 8131 through 8137 of title 38, United
States Code, $85,000,000, to remain available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal governments in
establishing, expanding, or improving veterans cemeteries as
authorized by section 2408 of title 38, United States Code,
$46,000,000, to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2012 for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That before a transfer may take place, the Secretary
of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make
the transfer and such Committees issue an approval, or absent a
response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2012, in this Act or any other
Act, under the ``Medical services'', ``Medical support and
compliance'', and ``Medical facilities'' accounts may be
transferred among the accounts: Provided, That any transfers
between the ``Medical services'' and ``Medical support and
compliance'' accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take
place subject to notification from the Secretary of Veterans
Affairs to the Committees on Appropriations of both Houses of
Congress of the amount and purpose of the transfer: Provided
further, That any transfers between the ``Medical services''
and ``Medical support and compliance'' accounts in excess of 1
percent, or exceeding the cumulative 1 percent for the fiscal
year, may take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That any transfers to or from the ``Medical
facilities'' account may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval
is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code, hire
of passenger motor vehicles; lease of a facility or land or
both; and uniforms or allowances therefore, as authorized by
sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, major projects'', and
``Construction, minor projects'') shall be available for the
purchase of any site for or toward the construction of any new
hospital or home.
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or
examination under the laws providing such benefits to veterans,
and persons receiving such treatment under sections 7901
through 7904 of title 5, United States Code, or the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.)), unless reimbursement of the cost of such
hospitalization or examination is made to the ``Medical
services'' account at such rates as may be fixed by the
Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2011.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior
year appropriations accounts resulting from sections 3328(a),
3334, and 3712(a) of title 31, United States Code, except that
if such obligations are from trust fund accounts they shall be
payable only from ``Compensation and pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2012, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans'
Special Life Insurance Fund under section 1923 of title 38,
United States Code, and the United States Government Life
Insurance Fund under section 1955 of title 38, United States
Code, reimburse the ``General operating expenses, Veterans
Benefits Administration'' and ``Information technology
systems'' accounts for the cost of administration of the
insurance programs financed through those accounts: Provided,
That reimbursement shall be made only from the surplus earnings
accumulated in such an insurance program during fiscal year
2012 that are available for dividends in that program after
claims have been paid and actuarially determined reserves have
been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount
of surplus earnings accumulated in that program, reimbursement
shall be made only to the extent of such surplus earnings:
Provided further, That the Secretary shall determine the cost
of administration for fiscal year 2012 which is properly
allocable to the provision of each such insurance program and
to the provision of any total disability income insurance
included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by that
account during a prior fiscal year for providing enhanced-use
lease services, may be obligated during the fiscal year in
which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management of
the Department of Veterans Affairs and the Office of Employment
Discrimination Complaint Adjudication under section 319 of
title 38, United States Code, for all services provided at
rates which will recover actual costs but not exceed
$42,904,000 for the Office of Resolution Management and
$3,360,000 for the Office of Employment and Discrimination
Complaint Adjudication: Provided, That payments may be made in
advance for services to be furnished based on estimated costs:
Provided further, That amounts received shall be credited to
the ``General administration'' and ``Information technology
systems'' accounts for use by the office that provided the
service.
Sec. 211. No appropriations in this title shall be
available to enter into any new lease of real property if the
estimated annual rental cost is more than $1,000,000, unless
the Secretary submits a report which the Committees on
Appropriations of both Houses of Congress approve within 30
days following the date on which the report is received.
Sec. 212. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes of
section 1729 of such title: Provided, That the Secretary may
recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from
any person who does not make such disclosure as required:
Provided further, That any amounts so recovered for care or
services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are
received.
(including transfer of funds)
Sec. 213. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, major projects'' and ``Construction, minor
projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction or
for the use of the Department of Veterans Affairs. Such sums as
realized are in addition to the amount provided for in
``Construction, major projects'' and ``Construction, minor
projects''.
Sec. 214. Amounts made available under ``Medical
services'' are available--
(1) for furnishing recreational facilities,
supplies, and equipment; and
(2) for funeral expenses, burial expenses, and
other expenses incidental to funerals and burials for
beneficiaries receiving care in the Department.
(including transfer of funds)
Sec. 215. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to ``Medical services'',
to remain available until expended for the purposes of that
account.
Sec. 216. The Secretary of Veterans Affairs may enter into
agreements with Indian tribes and tribal organizations which
are party to the Alaska Native Health Compact with the Indian
Health Service, and Indian tribes and tribal organizations
serving rural Alaska which have entered into contracts with the
Indian Health Service under the Indian Self Determination and
Educational Assistance Act, to provide healthcare, including
behavioral health and dental care. The Secretary shall require
participating veterans and facilities to comply with all
appropriate rules and regulations, as established by the
Secretary. The term ``rural Alaska'' shall mean those lands
sited within the external boundaries of the Alaska Native
regions specified in sections 7(a)(1)-(4) and (7)-(12) of the
Alaska Native Claims Settlement Act, as amended (43 U.S.C.
1606), and those lands within the Alaska Native regions
specified in sections 7(a)(5) and 7(a)(6) of the Alaska Native
Claims Settlement Act, as amended (43 U.S.C. 1606), which are
not within the boundaries of the Municipality of Anchorage, the
Fairbanks North Star Borough, the Kenai Peninsula Borough or
the Matanuska Susitna Borough.
(including transfer of funds)
Sec. 217. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section 8118
of title 38, United States Code, may be transferred to the
``Construction, major projects'' and ``Construction, minor
projects'' accounts, to remain available until expended for the
purposes of these accounts.
Sec. 218. None of the funds made available in this title
may be used to implement any policy prohibiting the Directors
of the Veterans Integrated Services Networks from conducting
outreach or marketing to enroll new veterans within their
respective Networks.
Sec. 219. The Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress
a quarterly report on the financial status of the Veterans
Health Administration.
(including transfer of funds)
Sec. 220. Amounts made available under the ``Medical
services'', ``Medical support and compliance'', ``Medical
facilities'', ``General operating expenses, Veterans Benefits
Administration'', ``General administration'', and ``National
Cemetery Administration'' accounts for fiscal year 2012, may be
transferred to or from the ``Information technology systems''
account: Provided, That before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees
on Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
(including transfer of funds)
Sec. 221. Amounts made available for the ``Information
technology systems'' account for development, modernization,
and enhancement may be transferred between projects or to newly
defined projects: Provided, That no project may be increased
or decreased by more than $1,000,000 of cost prior to
submitting a request to the Committees on Appropriations of
both Houses of Congress to make the transfer and an approval is
issued, or absent a response, a period of 30 days has elapsed.
Sec. 222. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of
Veterans Affairs may be used in a manner that is inconsistent
with: (1) section 842 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of Columbia,
and Independent Agencies Appropriations Act, 2006 (Public Law
109-115; 119 Stat. 2506); or (2) section 8110(a)(5) of title
38, United States Code.
Sec. 223. Of the amounts made available to the Department
of Veterans Affairs for fiscal year 2012, in this Act or any
other Act, under the ``Medical facilities'' account for
nonrecurring maintenance, not more than 20 percent of the funds
made available shall be obligated during the last 2 months of
that fiscal year: Provided, That the Secretary may waive this
requirement after providing written notice to the Committees on
Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 224. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2012 for ``Medical services'',
``Medical support and compliance'', ``Medical facilities'',
``Construction, minor projects'', and ``Information technology
systems'', up to $241,666,000, plus reimbursements, may be
transferred to the Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 3571) and may be used for operation of the facilities
designated as combined Federal medical facilities as described
by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the
Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund upon written notification
by the Secretary of Veterans Affairs to the Committees on
Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 225. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, for health care provided at facilities
designated as combined Federal medical facilities as described
by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4500) shall also be available: (1) for transfer to the
Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 3571); and (2) for
operations of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4500).
(including transfer of funds)
Sec. 226. Of the amounts available in this title for
``Medical services'', ``Medical support and compliance'', and
``Medical facilities'', a minimum of $15,000,000, shall be
transferred to the DOD-VA Health Care Sharing Incentive Fund,
as authorized by section 8111(d) of title 38, United States
Code, to remain available until expended, for any purpose
authorized by section 8111 of title 38, United States Code.
(including rescissions of funds)
Sec. 227. (a) Of the funds appropriated in title X of
division B of Public Law 112-10, the following amounts which
became available on October 1, 2011, are hereby rescinded from
the following accounts in the amounts specified:
(1) ``Department of Veterans Affairs, Medical
services'', $1,400,000,000.
(2) ``Department of Veterans Affairs, Medical
support and compliance'', $100,000,000.
(3) ``Department of Veterans Affairs, Medical
facilities'', $250,000,000.
(b) In addition to amounts provided elsewhere in this Act,
an additional amount is appropriated to the following accounts
in the amounts specified to remain available until September
30, 2013:
(1) ``Department of Veterans Affairs, Medical
services'', $1,400,000,000.
(2) ``Department of Veterans Affairs, Medical
support and compliance'', $100,000,000.
(3) ``Department of Veterans Affairs, Medical
facilities'', $250,000,000.
Sec. 228. The Secretary of the Department of Veterans
Affairs shall notify the Committees on Appropriations of both
Houses of Congress of all bid savings in major construction
projects that total at least $5,000,000, or 5 percent of the
programmed amount of the project, whichever is less: Provided,
That such notification shall occur within 14 days of a contract
identifying the programmed amount: Provided further, That the
Secretary shall notify the committees 14 days prior to the
obligation of such bid savings and shall describe the
anticipated use of such savings.
Sec. 229. The scope of work for a project included in
``Construction, major projects'' may not be increased above the
scope specified for that project in the original justification
data provided to the Congress as part of the request for
appropriations.
Sec. 230. (a) Exception With Respect to Confidential Nature
of Claims.--Section 5701 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(l) Under regulations the Secretary shall prescribe, the
Secretary may disclose information about a veteran or the
dependent of a veteran to a State controlled substance
monitoring program, including a program approved by the
Secretary of Health and Human Services under section 399O of
the Public Health Service Act (42 U.S.C. 280g-3), to the extent
necessary to prevent misuse and diversion of prescription
medicines.''.
(b) Exception With Respect to Confidentiality of Certain
Medical Records.--Section 7332(b)(2) of title 38, United States
Code, is amended by adding at the end the following new
subparagraph:
``(G) To a State controlled substance
monitoring program, including a program
approved by the Secretary of Health and Human
Services under section 399O of the Public
Health Service Act (42 U.S.C. 280g-3), to the
extent necessary to prevent misuse and
diversion of prescription medicines.''.
Sec. 231. The Secretary of Veterans Affairs shall provide
on a quarterly basis to the Committees on Appropriations of
both Houses of Congress notification of any single national
outreach and awareness marketing campaign in which obligations
exceed $2,000,000. The first report shall be submitted no later
than April 15, 2012.
Sec. 232. None of the funds made available by this Act may
be used to declare as excess to the needs of the Department of
Veterans Affairs or otherwise take any action to exchange,
trade, auction, transfer, or otherwise dispose of, or reduce
the acreage of, Federal land and improvements at the St. Albans
campus, consisting of approximately 55 acres of land, with
borders near Linden Boulevard on the northwest, 115th Avenue on
the west, the Long Island Railroad on the northeast, and
Baisley Boulevard on the southeast.
Sec. 233. None of the funds made available in this Act may
be used to enter into a contract using procedures that do not
give to small business concerns owned and controlled by
veterans (as that term is defined in section 3(q)(3) of the
Small Business Act (15 U.S.C. 632(q)(3)) that are included in
the database under section 8127(f) of title 38, United States
Code, any preference available with respect to such contract,
except for a preference given to small business concerns owned
and controlled by service-disabled veterans (as defined in
section 3(q)(2) of the Small Business Act (15 U.S.C.
632(q)(2)).
Sec. 234. Section 315(b) of title 38, United States Code,
is amended by striking ``December 31, 2011'' and inserting
``December 31, 2012''.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and
monuments outside of the United States and its territories and
possessions; rent of office and garage space in foreign
countries; purchase (one-for-one replacement basis only) and
hire of passenger motor vehicles; not to exceed $7,500 for
official reception and representation expenses; and insurance
of official motor vehicles in foreign countries, when required
by law of such countries, $61,100,000, to remain available
until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$30,770,000: Provided, That $2,726,323 shall be available for
the purpose of providing financial assistance as described, and
in accordance with the process and reporting procedures set
forth, under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses, as authorized by law, for
maintenance, operation, and improvement of Arlington National
Cemetery and Soldiers' and Airmen's Home National Cemetery,
including the purchase or lease of passenger motor vehicles for
replacement on a one-for-one basis only, and not to exceed
$1,000 for official reception and representation expenses,
$45,800,000, to remain available until expended. In addition,
such sums as may be necessary for parking maintenance, repairs
and replacement, to be derived from the ``Lease of Department
of Defense Real Property for Defense Agencies'' account.
Funds appropriated under this Act may be provided to
Arlington County, Virginia, for the relocation of the federally
owned water main at Arlington National Cemetery making
additional land available for ground burials.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$67,700,000, of which $2,000,000 shall remain available until
expended for construction and renovation of the physical plants
at the Armed Forces Retirement Home--Washington, District of
Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi.
general fund payment, armed forces retirement home
For payment to the ``Armed Forces Retirement Home'',
$14,630,000, to remain available until expended, for expenses
necessary to mitigate structural damage sustained to buildings
on the Armed Forces Retirement Home--Washington, District of
Columbia, campus as a result of the August 2011 earthquake.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction,
Army'', $80,000,000, to remain available until September 30,
2012: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $189,703,000, to remain available until
September 30, 2012: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Administrative Provisions
(including rescission of funds)
Sec. 401. Of the unobligated balances in title IV,
division E of Public Law 111-117, $269,703,000 are hereby
rescinded: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment,
the protection of private property rights, or unfunded
mandates.
Sec. 503. Such sums as may be necessary for fiscal year
2012 for pay raises for programs funded by this Act shall be
absorbed within the levels appropriated in this Act.
Sec. 504. No part of any funds appropriated in this Act
shall be used by an agency of the executive branch, other than
for normal and recognized executive-legislative relationships,
for publicity or propaganda purposes, and for the preparation,
distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or film presentation designed
to support or defeat legislation pending before Congress,
except in presentation to Congress itself.
Sec. 505. All departments and agencies funded under this
Act are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ``E-Commerce''
technologies and procedures in the conduct of their business
practices and public service activities.
Sec. 506. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs, and
Related Agencies of the Committee on Appropriations of the
House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the Senate.
Sec. 507. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 508. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of the
United States House of Representatives.
Sec. 509. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
national security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less than
45 days.
Sec. 510. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 511. (a) In General.--None of the funds appropriated
or otherwise made available to the Department of Defense in
this Act may be used to construct, renovate, or expand any
facility in the United States, its territories, or possessions
to house any individual detained at United States Naval
Station, Guantanamo Bay, Cuba, for the purposes of detention or
imprisonment in the custody or under the control of the
Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective
control of the Department of Defense; or
(B) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 512. None of the funds appropriated or otherwise made
available in this Act may be used by an agency of the executive
branch to pay for first-class travel by an employee of the
agency in contravention of sections 301-10.122 through 301-
10.124 of title 41, Code of Federal Regulations.
Sec. 513. None of the funds provided in this Act may be
used to execute a contract for goods or services, including
construction services, where the contractor has not complied
with Executive Order No. 12989.
Sec. 514. None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, or to make a grant to, any
corporation that was convicted of a felony criminal violation
under any Federal or State law within the preceding 24 months,
where the awarding agency is aware of the conviction, unless
the agency has considered suspension or debarment of the
corporation and made a determination that this further action
is not necessary to protect the interests of the Government.
This division may be cited as the ``Military Construction
and Veterans Affairs, and Related Agencies Appropriations Act,
2012''.
DIVISION I--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2012
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $6,550,947,000, of
which up to $1,355,000,000 is for Worldwide Security Protection
(to remain available until expended): Provided, That funds
made available under this heading shall be allocated as
follows:
(1) Human resources.--For necessary expenses for
training, human resources management, and salaries,
including employment without regard to civil service
and classification laws of persons on a temporary basis
(not to exceed $700,000), as authorized by section 801
of the United States Information and Educational
Exchange Act of 1948, $2,277,862,000, to remain
available until September 30, 2013, of which not less
than $121,814,000 shall be available only for public
diplomacy American salaries, and up to $203,800,000 is
for Worldwide Security Protection and shall remain
available until expended.
(2) Overseas programs.--For necessary expenses for
the regional bureaus of the Department of State and
overseas activities as authorized by law,
$2,109,293,000, to remain available until September 30,
2013, of which not less than $347,572,000 shall be
available only for public diplomacy international
information programs.
(3) Diplomatic policy and support.--For necessary
expenses for the functional bureaus of the Department
of State including representation to certain
international organizations in which the United States
participates pursuant to treaties ratified pursuant to
the advice and consent of the Senate or specific Acts
of Congress, general administration, and arms control,
nonproliferation and disarmament activities as
authorized, $822,513,000, to remain available until
September 30, 2013.
(4) Security programs.--For necessary expenses for
security activities, $1,341,279,000, to remain
available until September 30, 2013, of which up to
$1,151,200,000 is for Worldwide Security Protection and
shall remain available until expended.
(5) Fees and payments collected.--In addition to
amounts otherwise made available under this heading--
(A) not to exceed $1,753,991 shall be
derived from fees collected from other
executive agencies for lease or use of
facilities located at the International Center
in accordance with section 4 of the
International Center Act, and, in addition, as
authorized by section 5 of such Act, $520,150,
to be derived from the reserve authorized by
that section, to be used for the purposes set
out in that section;
(B) as authorized by section 810 of the
United States Information and Educational
Exchange Act, not to exceed $5,000,000, to
remain available until expended, may be
credited to this appropriation from fees or
other payments received from English teaching,
library, motion pictures, and publication
programs and from fees from educational
advising and counseling and exchange visitor
programs; and
(C) not to exceed $15,000, which shall be
derived from reimbursements, surcharges and
fees for use of Blair House facilities.
(6) Transfer, reprogramming, and other matters.--
(A) Notwithstanding any provision of this
Act, funds may be reprogrammed within and
between subsections under this heading subject
to section 7015 of this Act;
(B) Of the amount made available under this
heading, not to exceed $10,000,000 may be
transferred to, and merged with, funds made
available by this Act under the heading
``Emergencies in the Diplomatic and Consular
Service'', to be available only for emergency
evacuations and rewards, as authorized; and
(C) Funds appropriated under this heading
are available for acquisition by exchange or
purchase of passenger motor vehicles as
authorized by law and, pursuant to 31 U.S.C.
1108(g), for the field examination of programs
and activities in the United States funded from
any account contained in this title.
(D) Of the amount made available under this
heading, up to $6,000,000 may be transferred
to, and merged with, funds made available by
this Act under the heading ``Department of
State, Administration of Foreign Affairs,
Capital Investment Fund'': Provided, That the
transfer authority of this subparagraph is in
addition to any other transfer authority
available to the Secretary of State.
(E)(i) The headings ``Civilian
Stabilization Initiative'' in titles I and II
of prior acts making appropriations for the
Department of State, foreign operations, and
related programs shall be renamed ``Conflict
Stabilization Operations''.
(ii) Of the funds appropriated under this
heading, up to $35,000,000, to remain available
until expended, may be transferred to, and
merged with, funds previously made available
under the heading ``Conflict Stabilization
Operations'' in title I of prior acts making
appropriations for the Department of State,
foreign operations and related programs, as
amended by subparagraph (i).
(F) None of the funds appropriated under
this heading may be used for the preservation
of religious sites unless the Secretary of
State determines and reports to the Committees
on Appropriations that such sites are
historically, artistically, or culturally
significant, that the purpose of the project is
neither to advance nor to inhibit the free
exercise of religion, and that the project is
in the national interest of the United States.
capital investment fund
For necessary expenses of the Capital Investment Fund,
$59,380,000, to remain available until expended, as authorized:
Provided, That section 135(e) of Public Law 103-236 shall not
apply to funds available under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General,
$61,904,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (Public Law 96-465), as it relates to post
inspections.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs,
as authorized, $583,200,000, to remain available until
expended: Provided, That not to exceed $5,000,000, to remain
available until expended, may be credited to this appropriation
from fees or other payments received from or in connection with
English teaching, educational advising and counseling programs,
and exchange visitor programs as authorized.
representation allowances
For representation allowances as authorized, $7,300,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $27,000,000, to remain available until
September 30, 2013.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving,
maintaining, repairing, and planning for buildings that are
owned or directly leased by the Department of State,
renovating, in addition to funds otherwise available, the Harry
S Truman Building, and carrying out the Diplomatic Security
Construction Program as authorized, $762,000,000, to remain
available until expended as authorized, of which not to exceed
$25,000 may be used for domestic and overseas representation as
authorized: Provided, That none of the funds appropriated in
this paragraph shall be available for acquisition of furniture,
furnishings, or generators for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $775,000,000, to
remain available until expended: Provided, That not later than
45 days after enactment of this Act, the Secretary of State
shall submit to the Committees on Appropriations the proposed
allocation of funds made available under this heading and the
actual and anticipated proceeds of sales for all projects in
fiscal year 2012.
emergencies in the diplomatic and consular service
(including transfer of funds)
For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $9,300,000, to remain available until
expended as authorized, of which not to exceed $1,000,000 may
be transferred to, and merged with, funds appropriated by this
Act under the heading ``Repatriation Loans Program Account'',
subject to the same terms and conditions.
repatriation loans program account
(including transfer of funds)
For the cost of direct loans, $1,447,000, as authorized, of
which $710,000 may be made available for administrative
expenses necessary to carry out the direct loan program and may
be paid to ``Diplomatic and Consular Programs'': Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget
Act of 1974.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $21,108,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the
advice and consent of the Senate, conventions or specific Acts
of Congress, $1,449,700,000: Provided, That the Secretary of
State shall, at the time of the submission of the President's
budget to Congress under section 1105(a) of title 31, United
States Code, transmit to the Committees on Appropriations the
most recent biennial budget prepared by the United Nations for
the operations of the United Nations: Provided further, That
the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency,
as far in advance as is practicable) of any United Nations
action to increase funding for any United Nations program
without identifying an offsetting decrease elsewhere in the
United Nations budget: Provided further, That the Secretary of
State shall report to the Committees on Appropriations not
later than May 1, 2012, on any credits available to the United
States from the United Nations Tax Equalization Fund (TEF) and
provide updated fiscal year 2013 assessment costs including
offsets from available TEF credits and updated foreign currency
exchange rates: Provided further, That any such credits shall
only be available for United States assessed contributions to
the United Nations and shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That any payment of arrearages under this
heading shall be directed toward activities that are mutually
agreed upon by the United States and the respective
international organization: Provided further, That none of the
funds appropriated under this heading shall be available for a
United States contribution to an international organization for
the United States share of interest costs made known to the
United States Government by such organization for loans
incurred on or after October 1, 1984, through external
borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and security,
$1,828,182,000, of which 15 percent shall remain available
until September 30, 2013: Provided, That none of the funds
made available by this Act shall be obligated or expended for
any new or expanded United Nations peacekeeping mission unless,
at least 15 days in advance of voting for the new or expanded
mission in the United Nations Security Council (or in an
emergency as far in advance as is practicable), the Committees
on Appropriations are notified: (1) of the estimated cost and
duration of the mission, the national interest that will be
served, and the exit strategy; (2) that the United Nations has
taken necessary measures to prevent United Nations employees,
contractor personnel, and peacekeeping troops serving in the
mission from trafficking in persons, exploiting victims of
trafficking, or committing acts of illegal sexual exploitation
or other violations of human rights, and to bring to justice
individuals who engage in such acts while participating in the
peacekeeping mission, including prosecution in their home
countries of such individuals in connection with such acts, and
to make information about such cases publicly available in the
country where an alleged crime occurs and on the United
Nations' Web site; and (3) pursuant to section 7015 of this
Act, and the procedures therein followed, setting forth the
source of funds that will be used to pay the cost of the new or
expanded mission: Provided further, That funds shall be
available for peacekeeping expenses unless the Secretary of
State determines that American manufacturers and suppliers are
not being given opportunities to provide equipment, services,
and material for United Nations peacekeeping activities equal
to those being given to foreign manufacturers and suppliers:
Provided further, That the Secretary of State shall work with
the United Nations and governments contributing peacekeeping
troops to develop effective vetting procedures to ensure that
such troops have not violated human rights: Provided further,
That none of the funds appropriated or otherwise made available
under this heading may be used for any United Nations
peacekeeping mission that will involve United States Armed
Forces under the command or operational control of a foreign
national, unless the President's military advisors have
submitted to the President a recommendation that such
involvement is in the national interests of the United States
and the President has submitted to the Congress such a
recommendation: Provided further, That notwithstanding any
other provision of law, funds appropriated or otherwise made
available under this heading shall be available for United
States assessed contributions up to the amount specified in
Annex IV accompanying United Nations General Assembly
Resolution 64/220: Provided further, That such funds may be
made available above the amount authorized in section
404(b)(2)(B) of the Foreign Relations Authorization Act, fiscal
years 1994 and 1995 (22 U.S.C. 287e note) only if the Secretary
of State determines and reports to the Committees on
Appropriations, the Committee on Foreign Affairs of the House
of Representatives, and the Committee on Foreign Relations of
the Senate that it is important to the national interest of the
United States: Provided further, That the Secretary of State
shall report to the Committees on Appropriations not later than
May 1, 2012, of any credits available to the United States
resulting from United Nations peacekeeping missions or the
United Nations Tax Equalization Fund: Provided further, That
any such credits shall only be available for United States
assessed contributions to the United Nations and shall be
subject to the regular notification procedures of the
Committees on Appropriations.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as
follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$44,722,000.
construction
For detailed plan preparation and construction of
authorized projects, $31,453,000, to remain available until
expended, as authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and the
Border Environment Cooperation Commission as authorized by
Public Law 103-182, $11,687,000: Provided, That of the amount
provided under this heading for the International Joint
Commission, $9,000 may be made available for representation
expenses.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by law,
$36,300,000: Provided, That the United States share of such
expenses may be advanced to the respective commissions pursuant
to 31 U.S.C. 3324.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For necessary expenses to enable the Broadcasting Board of
Governors (BBG), as authorized, to carry out international
communication activities, and to make and supervise grants for
radio and television broadcasting to the Middle East,
$740,100,000: Provided, That funds appropriated under this
heading shall be made available to expand unrestricted access
to information on the Internet through the development and use
of circumvention and secure communication technologies:
Provided further, That the circumvention technologies and
programs supported by such funds shall undergo a review, to
include an assessment of protections against such technologies
being used for illicit purposes: Provided further, That the
BBG shall coordinate the development and use of such
technologies with the Secretary of State, as appropriate:
Provided further, That of the total amount appropriated under
this heading, not to exceed $16,000 may be used for official
receptions within the United States as authorized, not to
exceed $35,000 may be used for representation abroad as
authorized, and not to exceed $39,000 may be used for official
reception and representation expenses of Radio Free Europe/
Radio Liberty: Provided further, That the authority provided
by section 504(c) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 22 U.S.C. 6206 note)
shall remain in effect through September 30, 2012: Provided
further, That the BBG shall notify the Committees on
Appropriations within 15 days of any determination by the Board
that any of its broadcast entities, including its grantee
organizations, provides an open platform for international
terrorists or those who support international terrorism, or is
in violation of the principles and standards set forth in the
United States International Broadcasting Act of 1994 (22 U.S.C.
6202(a) and (b)) or the entity's journalistic code of ethics:
Provided further, That significant modifications to BBG
broadcast hours previously justified to Congress, including
changes to transmission platforms (shortwave, medium wave,
satellite, Internet, and television), for all BBG language
services shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That in addition to funds made available under this
heading, and notwithstanding any other provision of law, up to
$2,000,000 in receipts from advertising and revenue from
business ventures, up to $500,000 in receipts from cooperating
international organizations, and up to $1,000,000 in receipts
from privatization efforts of the Voice of America and the
International Broadcasting Bureau, to remain available until
expended for carrying out authorized purposes.
broadcasting capital improvements
For the purchase, rent, construction, and improvement of
facilities for radio and television transmission and reception,
and purchase and installation of necessary equipment for radio
and television transmission and reception, including to Cuba,
as authorized, $7,030,000, to remain available until expended,
as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The
Asia Foundation Act (22 U.S.C. 4402), $17,000,000, to remain
available until expended, as authorized.
United States Institute of Peace
For necessary expenses of the United States Institute of
Peace, as authorized by the United States Institute of Peace
Act, $30,589,000, to remain available until September 30, 2013,
which shall not be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, as authorized by section 633 of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2004 (22 U.S.C. 2078),
the total amount of the interest and earnings accruing to such
Fund on or before September 30, 2012, to remain available until
expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2012, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay any
salary or other compensation, or to enter into any contract
providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit
Organizations), including the restrictions on compensation for
personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship
Program, as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452),
all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 2012, to remain
available until expended.
East-West Center
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to the
Center for Cultural and Technical Interchange Between East and
West in the State of Hawaii, $16,700,000: Provided, That none
of the funds appropriated herein shall be used to pay any
salary, or enter into any contract providing for the payment
thereof, in excess of the rate authorized by 5 U.S.C. 5376.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National
Endowment for Democracy Act, $117,764,000, to remain available
until expended, of which $100,000,000 shall be allocated in the
traditional and customary manner, including for the core
institutes, and $17,764,000 shall be for democracy, human
rights, and rule of law programs: Provided, That the President
of the National Endowment for Democracy shall submit to the
Committees on Appropriations not later than 45 days after the
date of enactment of this Act a report on the proposed uses of
funds under this heading on a regional and country basis.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $634,000, as
authorized by section 1303 of Public Law 99-83.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (Public Law
105-292), $3,000,000, to remain available until September 30,
2013: Provided, That section 209 of the International
Religious Freedom Act of 1998 (22 U.S.C. 6436) shall be applied
by substituting ``September 30, 2012'' for ``September 30,
2011'': Provided further, That notwithstanding the expenditure
limitation specified in section 208(c)(1) of such Act (22
U.S.C. 6435a(c)(1)), the Commission may expend up to $250,000
of the funds made available under this heading to procure
temporary and intermittent services under the authority of
section 3109(b) of title 5, United States Code: Provided
further, That travel by members and staff of the Commission
shall be arranged and conducted under the rules and procedures
applying to travel by members and staff of the House of
Representatives: Provided further, That for the purposes of
employment rights, any employee of the Commission shall be
considered to be a congressional employee as defined in section
2107 of title 5, United States Code and the Commission shall be
treated as a congressional employing office.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$2,715,000, to remain available until September 30, 2013.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized by
title III of the U.S.-China Relations Act of 2000 (22 U.S.C.
6911-6919), $1,996,000, including not more than $3,000 for the
purpose of official representation, to remain available until
September 30, 2013.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic
and Security Review Commission, as authorized by section 1238
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002), $3,493,000, including not
more than $4,000 for the purpose of official representation, to
remain available until September 30, 2013: Provided, That the
authorities, requirements, limitations, and conditions
contained in the second through sixth provisos under this
heading in division F of Public Law 111-117 shall continue in
effect during fiscal year 2012 and shall apply to funds
appropriated under this heading as if included in this Act.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
(including transfer of funds)
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$1,092,300,000, to remain available until September 30, 2013,
of which not less than $25,000,000 should be for costs
associated with procurement reform: Provided, That none of the
funds appropriated under this heading and under the heading
``Capital Investment Fund'' in this title may be made available
to finance the construction (including architect and
engineering services), purchase, or long-term lease of offices
for use by the United States Agency for International
Development (USAID), unless the USAID Administrator has
identified such proposed use of funds in a report submitted to
the Committees on Appropriations at least 15 days prior to the
obligation of funds for such purposes: Provided further, That
contracts or agreements entered into with funds appropriated
under this heading during fiscal year 2013 may entail
commitments for the expenditure of such funds through the
following fiscal year: Provided further, That any decision to
open a new or reorganized USAID mission, bureau, center, or
office or, except where there is a substantial security risk to
mission personnel, to close or significantly reduce the number
of personnel of any such mission or office, shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That the authority of
sections 610 and 109 of the Foreign Assistance Act of 1961 may
be exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses'' in accordance with the provisions of
those sections: Provided further, That any reprogramming of
funds in excess of $1,000,000 or 10 percent, whichever is less,
to the cost categories in the table included under this heading
in the joint explanatory statement accompanying this Act for
funds appropriated under this heading, shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds
appropriated or made available under this heading, not to
exceed $250,000 may be available for representation and
entertainment allowances, of which not to exceed $5,000 may be
available for entertainment allowances, for USAID during the
current fiscal year: Provided further, That no such
entertainment funds may be used for the purposes listed in
section 7020 of this Act: Provided further, That appropriate
steps shall be taken to assure that, to the maximum extent
possible, United States-owned foreign currencies are utilized
in lieu of dollars.
capital investment fund
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of 1961,
$129,700,000, to remain available until expended: Provided,
That this amount is in addition to funds otherwise available
for such purposes: Provided further, That funds appropriated
under this heading shall be available for obligation only
pursuant to the regular notification procedures of the
Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961, $46,500,000,
to remain available until September 30, 2013, which sum shall
be available for the Office of Inspector General of the United
States Agency for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, as follows:
global health programs
(including transfer of funds)
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $2,625,000,000, to
remain available until September 30, 2013, and which shall be
apportioned directly to the United States Agency for
International Development (USAID): Provided, That this amount
shall be made available for training, equipment, and technical
assistance to build the capacity of public health institutions
and organizations in developing countries, and for such
activities as: (1) child survival and maternal health programs;
(2) immunization and oral rehydration programs; (3) other
health, nutrition, water and sanitation programs which directly
address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or
orphaned by causes other than AIDS; (5) programs for the
prevention, treatment, control of, and research on HIV/AIDS,
tuberculosis, polio, malaria, and other infectious diseases
including neglected tropical diseases, and for assistance to
communities severely affected by HIV/AIDS, including children
infected or affected by AIDS; and (6) family planning/
reproductive health: Provided further, That funds appropriated
under this paragraph may be made available for a United States
contribution to the GAVI Alliance: Provided further, That none
of the funds made available in this Act nor any unobligated
balances from prior appropriations Acts may be made available
to any organization or program which, as determined by the
President of the United States, supports or participates in the
management of a program of coercive abortion or involuntary
sterilization: Provided further, That any determination made
under the previous proviso must be made no later than 6 months
after the date of enactment of this Act, and must be
accompanied by the evidence and criteria utilized to make the
determination: Provided further, That none of the funds made
available under this Act may be used to pay for the performance
of abortion as a method of family planning or to motivate or
coerce any person to practice abortions: Provided further,
That nothing in this paragraph shall be construed to alter any
existing statutory prohibitions against abortion under section
104 of the Foreign Assistance Act of 1961: Provided further,
That none of the funds made available under this Act may be
used to lobby for or against abortion: Provided further, That
in order to reduce reliance on abortion in developing nations,
funds shall be available only to voluntary family planning
projects which offer, either directly or through referral to,
or information about access to, a broad range of family
planning methods and services, and that any such voluntary
family planning project shall meet the following requirements:
(1) service providers or referral agents in the project shall
not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family
planning (this provision shall not be construed to include the
use of quantitative estimates or indicators for budgeting and
planning purposes); (2) the project shall not include payment
of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning
acceptor; or (B) program personnel for achieving a numerical
target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall provide
family planning acceptors comprehensible information on the
health benefits and risks of the method chosen, including those
conditions that might render the use of the method inadvisable
and those adverse side effects known to be consequent to the
use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical
procedures are provided only in the context of a scientific
study in which participants are advised of potential risks and
benefits; and, not less than 60 days after the date on which
the USAID Administrator determines that there has been a
violation of the requirements contained in paragraph (1), (2),
(3), or (5) of this proviso, or a pattern or practice of
violations of the requirements contained in paragraph (4) of
this proviso, the Administrator shall submit to the Committees
on Appropriations a report containing a description of such
violation and the corrective action taken by the Agency:
Provided further, That in awarding grants for natural family
planning under section 104 of the Foreign Assistance Act of
1961 no applicant shall be discriminated against because of
such applicant's religious or conscientious commitment to offer
only natural family planning; and, additionally, all such
applicants shall comply with the requirements of the previous
proviso: Provided further, That for purposes of this or any
other Act authorizing or appropriating funds for the Department
of State, foreign operations, and related programs, the term
``motivate'', as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent
with local law, of information or counseling about all
pregnancy options: Provided further, That information provided
about the use of condoms as part of projects or activities that
are funded from amounts appropriated by this Act shall be
medically accurate and shall include the public health benefits
and failure rates of such use.
In addition, for necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/
AIDS, $5,542,860,000, to remain available until September 30,
2016, which shall be apportioned directly to the Department of
State: Provided, That funds appropriated under this paragraph
may be made available, notwithstanding any other provision of
law, except for the United States Leadership Against HIV/AIDS,
Tuberculosis and Malaria Act of 2003 (Public Law 108-25), as
amended, for a United States contribution to the Global Fund to
Fight AIDS, Tuberculosis and Malaria (Global Fund), and shall
be expended at the minimum rate necessary to make timely
payment for projects and activities: Provided further, That
the amount of such contribution should be $1,050,000,000:
Provided further, That up to 5 percent of the aggregate amount
of funds made available to the Global Fund in fiscal year 2012
may be made available to USAID for technical assistance related
to the activities of the Global Fund: Provided further, That
of the funds appropriated under this paragraph, up to
$14,250,000 may be made available, in addition to amounts
otherwise available for such purposes, for administrative
expenses of the Office of the United States Global AIDS
Coordinator.
development assistance
For necessary expenses to carry out the provisions of
sections 103, 105, 106, 214, and sections 251 through 255, and
chapter 10 of part I of the Foreign Assistance Act of 1961,
$2,519,950,000, to remain available until September 30, 2013:
Provided, That relevant bureaus and offices of the United
States Agency for International Development (USAID) that
support cross-cutting development programs shall coordinate
such programs on a regular basis: Provided further, That of
the funds appropriated under this heading, not less than
$23,000,000 shall be made available for the American Schools
and Hospitals Abroad program, and not less than $10,000,000
shall be made available for USAID cooperative development
programs within the Office of Private and Voluntary
Cooperation.
international disaster assistance
For necessary expenses to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $825,000,000, to remain available
until expended.
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, $50,141,000,
to remain available until expended, to support transition to
democracy and to long-term development of countries in crisis:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful
resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a
report to the Committees on Appropriations at least 5 days
prior to beginning a new program of assistance: Provided
further, That if the Secretary of State determines that it is
important to the national interests of the United States to
provide transition assistance in excess of the amount
appropriated under this heading, up to $15,000,000 of the funds
appropriated by this Act to carry out the provisions of part I
of the Foreign Assistance Act of 1961 may be used for purposes
of this heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That funds
made available pursuant to the previous proviso shall be made
available subject to prior consultation with the Committees on
Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 to enable the Administrator of
the United States Agency for International Development (USAID),
in consultation with the Secretary of State, to support
programs and activities to prevent or respond to emerging or
unforeseen complex crises overseas, $10,000,000, to remain
available until expended: Provided, That funds appropriated
under this heading may be made available on such terms and
conditions as the USAID Administrator may determine, in
consultation with the Committees on Appropriations, for the
purposes of preventing or responding to such crises, except
that no funds shall be made available to respond to natural
disasters: Provided further, That funds appropriated under
this heading may be made available notwithstanding any other
provision of law, except sections 7007, 7008, and 7018 of this
Act and section 620M of the Foreign Assistance Act of 1961, as
amended by this Act: Provided further, That funds appropriated
under this heading shall be subject to the regular notification
procedures of the Committees on Appropriations, except that
such notifications shall be transmitted at least 5 days in
advance of the obligation of funds.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees provided
by the United States Agency for International Development, as
authorized by sections 256 and 635 of the Foreign Assistance
Act of 1961, up to $40,000,000 may be derived by transfer from
funds appropriated by this Act to carry out part I of such Act
and under the heading ``Assistance for Europe, Eurasia and
Central Asia'': Provided, That funds provided under this
paragraph and funds provided as a gift pursuant to section
635(d) of the Foreign Assistance Act of 1961 shall be made
available only for micro and small enterprise programs, urban
programs, and other programs which further the purposes of part
I of such Act: Provided further, That such costs, including
the cost of modifying such direct and guaranteed loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That funds made available
by this paragraph may be used for the cost of modifying any
such guaranteed loans under this Act or prior Acts, and funds
used for such costs shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That the provisions of section 107A(d)
(relating to general provisions applicable to the Development
Credit Authority) of the Foreign Assistance Act of 1961, as
contained in section 306 of H.R. 1486 as reported by the House
Committee on International Relations on May 9, 1997, shall be
applicable to direct loans and loan guarantees provided under
this heading, except that the principal amount of loans made or
guaranteed under this heading with respect to any single
country shall not exceed $300,000,000: Provided further, That
these funds are available to subsidize total loan principal,
any portion of which is to be guaranteed, of up to
$750,000,000.
In addition, for administrative expenses to carry out
credit programs administered by the United States Agency for
International Development, $8,300,000, which may be transferred
to, and merged with, funds made available under the heading
``Operating Expenses'' in title II of this Act: Provided, That
funds made available under this heading shall remain available
until September 30, 2014.
economic support fund
(including transfer of funds)
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$3,001,745,000, to remain available until September 30, 2013:
Provided, That of the funds appropriated under this heading,
$250,000,000 shall be available for assistance for Egypt,
including not less than $35,000,000 for education programs of
which not less than $10,000,000 is for scholarships at not-for-
profit institutions for Egyptian students with high financial
need, and to implement section 7041(a)(3) and (b) of this Act:
Provided further, That funds appropriated under this heading
that are made available for assistance for Cyprus shall be used
only for scholarships, administrative support of the
scholarship program, bicommunal projects, and measures aimed at
reunification of the island and designed to reduce tensions and
promote peace and cooperation between the two communities on
Cyprus: Provided further, That $12,000,000 of the funds made
available for assistance for Lebanon under this heading shall
be for scholarships at not-for-profit institutions for students
in Lebanon with high financial need: Provided further, That of
the funds appropriated under this heading, not less than
$360,000,000 shall be available for assistance for Jordan:
Provided further, That up to $30,000,000 of the funds
appropriated for fiscal year 2011 under this heading in Public
Law 112-10, division B, may be made available for the costs, as
defined in section 502 of the Congressional Budget Act of 1974,
of loan guarantees for Tunisia, which are authorized to be
provided: Provided further, That amounts that are made
available under the previous proviso for the cost of guarantees
shall not be considered ``assistance'' for the purposes of
provisions of law limiting assistance to a country: Provided
further, That of the funds appropriated under this heading, not
less than $179,000,000 shall be apportioned directly to the
United States Agency for International Development for
alternative development/institution building programs in
Colombia: Provided further, That of the funds appropriated
under this heading that are available for assistance for
Colombia, not less than $7,000,000 shall be transferred to, and
merged with, funds appropriated under the heading ``Migration
and Refugee Assistance'' and shall be made available only for
assistance to nongovernmental and international organizations
that provide assistance to Colombian refugees in neighboring
countries: Provided further, That in consultation with the
Secretary of the Treasury, the Secretary of State may transfer
up to $200,000,000 of the funds made available under this
heading to funds appropriated in this Act under the headings
``Multilateral Assistance, Funds Appropriated to the President,
International Financial Institutions'' for additional payments
to such institutions, facilities, and funds enumerated under
such headings: Provided further, That prior to exercising the
transfer authority under the previous proviso the Secretary of
State shall consult with the Committees on Appropriations.
democracy fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy
globally, $114,770,000, to remain available until September 30,
2013, of which $68,000,000 shall be made available for the
Human Rights and Democracy Fund of the Bureau of Democracy,
Human Rights and Labor, Department of State, and $46,770,000
shall be made available for the Office of Democracy and
Governance of the Bureau for Democracy, Conflict, and
Humanitarian Assistance, United States Agency for International
Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961, the FREEDOM Support Act, and
the Support for East European Democracy (SEED) Act of 1989,
$626,718,000, to remain available until September 30, 2013,
which shall be available, notwithstanding any other provision
of law, for assistance and for related programs for countries
identified in section 3 of the FREEDOM Support Act and section
3(c) of the SEED Act: Provided, That funds appropriated under
this heading shall be considered to be economic assistance
under the Foreign Assistance Act of 1961 for purposes of making
available the administrative authorities contained in that Act
for the use of economic assistance: Provided further, That
funds made available for the Southern Caucasus region may be
used for confidence-building measures and other activities in
furtherance of the peaceful resolution of conflicts, including
in Nagorno-Karabakh.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to
enable the Secretary of State to carry out the provisions of
section 2(a) and (b) of the Migration and Refugee Assistance
Act of 1962, and other activities to meet refugee and migration
needs; salaries and expenses of personnel and dependents as
authorized by the Foreign Service Act of 1980; allowances as
authorized by sections 5921 through 5925 of title 5, United
States Code; purchase and hire of passenger motor vehicles; and
services as authorized by section 3109 of title 5, United
States Code, $1,639,100,000, to remain available until
expended, of which $20,000,000 shall be made available for
refugees resettling in Israel, and not less than $35,000,000
shall be made available to respond to small-scale emergency
humanitarian requirements.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 2601(c)), $27,200,000, to remain
available until expended.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Peace Corps Act (22 U.S.C. 2501-2523), including the purchase
of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States,
$375,000,000, of which $5,150,000 is for the Office of
Inspector General, to remain available until September 30,
2013: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as
authorized by 22 U.S.C. 2515, an amount not to exceed
$5,000,000: Provided further, That funds transferred pursuant
to the previous proviso may not be derived from amounts made
available for Peace Corps overseas operations: Provided
further, That of the funds appropriated under this heading, not
to exceed $4,000 may be made available for entertainment
expenses: Provided further, That any decision to open, close,
significantly reduce, or suspend a domestic or overseas office
or country program shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations, except that prior consultation and regular
notification procedures may be waived when there is a
substantial security risk to volunteers or other Peace Corps
personnel, pursuant to section 7015(e) of this Act: Provided
further, That none of the funds appropriated under this heading
shall be used to pay for abortions.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003, $898,200,000 to remain
available until expended: Provided, That of the funds
appropriated under this heading, up to $105,000,000 may be
available for administrative expenses of the Millennium
Challenge Corporation (the Corporation): Provided further,
That up to 5 percent of the funds appropriated under this
heading may be made available to carry out the purposes of
section 616 of the Millennium Challenge Act of 2003 for fiscal
year 2012: Provided further, That section 605(e) of the
Millennium Challenge Act of 2003 shall apply to funds
appropriated under this heading: Provided further, That funds
appropriated under this heading may be made available for a
Millennium Challenge Compact entered into pursuant to section
609 of the Millennium Challenge Act of 2003 only if such
Compact obligates, or contains a commitment to obligate subject
to the availability of funds and the mutual agreement of the
parties to the Compact to proceed, the entire amount of the
United States Government funding anticipated for the duration
of the Compact: Provided further, That the Chief Executive
Officer of the Corporation shall notify the Committees on
Appropriations not later than 15 days prior to signing any new
country compact or new threshold country program; terminating
or suspending any country compact or threshold country program;
or commencing negotiations for any new compact or threshold
country program: Provided further, That any funds that are
deobligated from a Millennium Challenge Compact shall be
subject to the regular notification procedures of the
Committees on Appropriations prior to re-obligation: Provided
further, That notwithstanding section 606(a)(2) of the
Millennium Challenge Act of 2003, a country shall be a
candidate country for purposes of eligibility for assistance
for the fiscal year if the country has a per capita income
equal to or below the World Bank's lower middle income country
threshold for the fiscal year and is among the 75 lowest per
capita income countries as identified by the World Bank; and
the country meets the requirements of section 606(a)(1)(B) of
the Millennium Challenge Act of 2003: Provided further, That
notwithstanding section 606(b)(1) of the Millennium Challenge
Act of 2003, in addition to countries described in the
preceding proviso, a country shall be a candidate country for
purposes of eligibility for assistance for the fiscal year if
the country has a per capita income equal to or below the World
Bank's lower middle income country threshold for the fiscal
year and is not among the 75 lowest per capita income countries
as identified by the World Bank; and the country meets the
requirements of section 606(a)(1)(B) of the Millennium
Challenge Act of 2003: Provided further, That any Millennium
Challenge Corporation candidate country under section 606 of
the Millennium Challenge Act of 2003 with a per capita income
that changes in the fiscal year such that the country would be
reclassified from a low income country to a lower middle income
country or from a lower middle income country to a low income
country shall retain its candidacy status in its former income
classification for the fiscal year and the two subsequent
fiscal years: Provided further, That of the funds appropriated
under this heading, not to exceed $100,000 may be available for
representation and entertainment allowances, of which not to
exceed $5,000 may be available for entertainment allowances.
inter-american foundation
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions of
section 401 of the Foreign Assistance Act of 1969, $22,500,000,
to remain available until September 30, 2013: Provided, That
of the funds appropriated under this heading, not to exceed
$2,000 may be available for entertainment and representation
allowances.
african development foundation
For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of 1980
(Public Law 96-533), $30,000,000, to remain available until
September 30, 2013: Provided, That funds made available to
grantees may be invested pending expenditure for project
purposes when authorized by the Board of Directors of the
Foundation: Provided further, That interest earned shall be
used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the
African Development Foundation Act, in exceptional
circumstances the Board of Directors of the Foundation may
waive the $250,000 limitation contained in that section with
respect to a project and a project may exceed the limitation by
up to 10 percent if the increase is due solely to foreign
currency fluctuation: Provided further, That the Foundation
shall provide a report to the Committees on Appropriations
after each time such waiver authority is exercised.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961, $25,448,000,
to remain available until September 30, 2014, which shall be
available notwithstanding any other provision of law.
debt restructuring
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for programs
within the International Affairs Budget Function 150, including
the cost of selling, reducing, or canceling amounts owed to the
United States as a result of concessional loans made to
eligible countries, pursuant to part V of the Foreign
Assistance Act of 1961, $12,000,000, to remain available until
September 30, 2013.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $1,061,100,000, to remain
available until September 30, 2013: Provided, That during
fiscal year 2012, the Department of State may also use the
authority of section 608 of the Foreign Assistance Act of 1961,
without regard to its restrictions, to receive excess property
from an agency of the United States Government for the purpose
of providing it to a foreign country or international
organization under chapter 8 of part I of that Act subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of State
shall provide to the Committees on Appropriations not later
than 45 days after the date of enactment of this Act and prior
to the initial obligation of funds appropriated under this
heading, a report on the proposed uses of all funds under this
heading on a country-by-country basis for each proposed
program, project, or activity: Provided further, That section
482(b) of the Foreign Assistance Act of 1961 shall not apply to
funds appropriated under this heading: Provided further, That
assistance provided with funds appropriated under this heading
that is made available notwithstanding section 482(b) of the
Foreign Assistance Act of 1961 shall be made available subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That none of the funds
appropriated under this heading shall be made available for
assistance for the Bolivian military and police unless the
Secretary of State determines and reports to the Committees on
Appropriations that such funds are in the national security
interest of the United States: Provided further, That,
notwithstanding any other provision of law, of the funds
appropriated under this heading, $5,000,000 should be made
available to combat piracy of United States copyrighted
materials, consistent with the requirements of section 688(a)
and (b) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008 (division J of Public
Law 110-161): Provided further, That the reporting
requirements contained in section 1404 of Public Law 110-252
shall apply to funds made available by this Act, including a
description of modifications, if any, to the security strategy
of the Palestinian Authority: Provided further, That the
provision of assistance which is comparable to assistance made
available under this heading but which is provided under any
other provision of law, shall be provided in accordance with
the provisions of sections 481(b) and 622(c) of the Foreign
Assistance Act of 1961.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$590,113,000, to carry out the provisions of chapter 8 of part
II of the Foreign Assistance Act of 1961 for anti-terrorism
assistance, chapter 9 of part II of the Foreign Assistance Act
of 1961, section 504 of the FREEDOM Support Act, section 23 of
the Arms Export Control Act or the Foreign Assistance Act of
1961 for demining activities, the clearance of unexploded
ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United
States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission: Provided, That the clearance of
unexploded ordnance should prioritize areas where such ordnance
was caused by the United States: Provided further, That of the
funds made available under this heading, not to exceed
$30,000,000, to remain available until expended, may be made
available for the Nonproliferation and Disarmament Fund,
notwithstanding any other provision of law and subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations, to promote bilateral and
multilateral activities relating to nonproliferation,
disarmament and weapons destruction: Provided further, That
such funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of
the United States to do so: Provided further, That funds
appropriated under this heading may be made available for the
IAEA unless the Secretary of State determines that Israel is
being denied its right to participate in the activities of that
Agency: Provided further, That funds appropriated under this
heading may be made available for public-private partnerships
for conventional weapons and mine action by grant, cooperative
agreement or contract: Provided further, That funds made
available for demining and related activities, in addition to
funds otherwise available for such purposes, may be used for
administrative expenses related to the operation and management
of the demining program: Provided further, That funds
appropriated under this heading that are available for ``Anti-
terrorism Assistance'' and ``Export Control and Border
Security'' shall remain available until September 30, 2013.
peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$302,818,000: Provided, That funds appropriated under this
heading may be used, notwithstanding section 660 of such Act,
to provide assistance to enhance the capacity of foreign
civilian security forces, including gendarmes, to participate
in peacekeeping operations: Provided further, That of the
funds appropriated under this heading, not less than
$28,000,000 shall be made available for a United States
contribution to the Multinational Force and Observers mission
in the Sinai: Provided further, That of the funds appropriated
under this heading, up to $91,818,000 may be used to pay
assessed expenses of international peacekeeping activities in
Somalia and shall be available until September 30, 2013:
Provided further, That funds appropriated under this Act should
not be used to support any military training or operations that
include child soldiers: Provided further, That none of the
funds appropriated under this heading shall be obligated or
expended except as provided through the regular notification
procedures of the Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$105,788,000, of which up to $4,000,000 may remain available
until September 30, 2013, and may only be provided through the
regular notification procedures of the Committees on
Appropriations: Provided, That the civilian personnel for whom
military education and training may be provided under this
heading may include civilians who are not members of a
government whose participation would contribute to improved
civil-military relations, civilian control of the military, or
respect for human rights: Provided further, That the Secretary
of State shall provide to the Committees on Appropriations, not
later than 45 days after enactment of this Act, a report on the
proposed uses of all program funds under this heading on a
country-by-country basis, including a detailed description of
proposed activities: Provided further, That of the funds
appropriated under this heading, not to exceed $55,000 may be
available for entertainment allowances.
foreign military financing program
For necessary expenses for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $5,210,000,000: Provided, That to expedite the
provision of assistance to foreign countries and international
organizations, the Secretary of State, following consultation
with the Committees on Appropriations and subject to the
regular notification procedures of such Committees, may use the
funds appropriated under this heading to procure defense
articles and services to enhance the capacity of foreign
security forces: Provided further, That of the funds
appropriated under this heading, not less than $3,075,000,000
shall be available for grants only for Israel, and
$1,300,000,000 shall be made available for grants only for
Egypt, including for border security programs and activities in
the Sinai: Provided further, That the funds appropriated under
this heading for assistance for Israel shall be disbursed
within 30 days of enactment of this Act: Provided further,
That to the extent that the Government of Israel requests that
funds be used for such purposes, grants made available for
Israel under this heading shall, as agreed by the United States
and Israel, be available for advanced weapons systems, of which
not less than $808,725,000 shall be available for the
procurement in Israel of defense articles and defense services,
including research and development: Provided further, That
funds appropriated under this heading estimated to be outlayed
for Egypt during fiscal year 2012 may be transferred to an
interest bearing account for Egypt in the Federal Reserve Bank
of New York: Provided further, That of the funds appropriated
under this heading, $300,000,000 shall be made available for
assistance for Jordan: Provided further, That, not later than
90 days after enactment of this Act and 6 months thereafter,
the Secretary of State shall submit a report to the Committees
on Appropriations detailing any crowd control items, including
tear gas, made available with appropriated funds or through
export licenses to foreign security forces that the Secretary
of State has credible information have repeatedly used
excessive force to repress peaceful, lawful, and organized
dissent: Provided further, That the Secretary of State should
consult with the Committees on Appropriations prior to
obligating funds for such items to governments of countries
undergoing democratic transition in the Middle East and North
Africa: Provided further, That none of the funds made
available under this heading shall be made available to support
or continue any program initially funded under the authority of
section 1206 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456) unless
the Secretary of State, in coordination with the Secretary of
Defense, has justified such program to the Committees on
Appropriations: Provided further, That funds appropriated or
otherwise made available under this heading shall be
nonrepayable notwithstanding any requirement in section 23 of
the Arms Export Control Act: Provided further, That funds made
available under this heading shall be obligated upon
apportionment in accordance with paragraph (5)(C) of title 31,
United States Code, section 1501(a).
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that are
not sold by the United States Government under the Arms Export
Control Act unless the foreign country proposing to make such
procurement has first signed an agreement with the United
States Government specifying the conditions under which such
procurement may be financed with such funds: Provided, That
all country and funding level increases in allocations shall be
submitted through the regular notification procedures of
section 7015 of this Act: Provided further, That funds made
available under this heading may be used, notwithstanding any
other provision of law, for demining, the clearance of
unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and
international organizations: Provided further, That only those
countries for which assistance was justified for the ``Foreign
Military Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs may
utilize funds made available under this heading for procurement
of defense articles, defense services or design and
construction services that are not sold by the United States
Government under the Arms Export Control Act: Provided
further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment
for defense articles and services: Provided further, That not
more than $62,800,000 of the funds appropriated under this
heading may be obligated for necessary expenses, including the
purchase of passenger motor vehicles for replacement only for
use outside of the United States, for the general costs of
administering military assistance and sales, except that this
limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations:
Provided further, That of the funds appropriated under this
heading for general costs of administering military assistance
and sales, not to exceed $4,000 may be available for
entertainment expenses and not to exceed $130,000 may be
available for representation allowances: Provided further,
That not more than $836,900,000 of funds realized pursuant to
section 21(e)(1)(A) of the Arms Export Control Act may be
obligated for expenses incurred by the Department of Defense
during fiscal year 2012 pursuant to section 43(b) of the Arms
Export Control Act, except that this limitation may be exceeded
only through the regular notification procedures of the
Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $348,705,000, of which up to
$10,000,000 may be made available for the Intergovernmental
Panel on Climate Change/United Nations Framework Convention on
Climate Change: Provided, That section 307(a) of the Foreign
Assistance Act of 1961 shall not apply to contributions to the
United Nations Democracy Fund.
international financial institutions
global environment facility
For payment to the International Bank for Reconstruction
and Development as trustee for the Global Environment Facility
by the Secretary of the Treasury, $89,820,000, to remain
available until expended.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $1,325,000,000, to remain
available until expended.
For payment to the International Development Association by
the Secretary of the Treasury for costs incurred under the
Multilateral Debt Relief Initiative, $167,000,000, to remain
available until expended.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction
and Development by the Secretary of the Treasury, for the
United States share of the paid-in portion of the increases in
capital stock, $117,364,344, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of increases in capital stock in an amount not to
exceed $2,928,990,899.
contribution to the clean technology fund
For payment to the International Bank for Reconstruction
and Development as trustee for the Clean Technology Fund by the
Secretary of the Treasury, $184,630,000, to remain available
until expended.
contribution to the strategic climate fund
For payment to the International Bank for Reconstruction
and Development as trustee for the Strategic Climate Fund by
the Secretary of the Treasury, $49,900,000, to remain available
until expended.
global agriculture and food security program
For payment to the Global Agriculture and Food Security
Program by the Secretary of the Treasury, $135,000,000, to
remain available until expended.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the
Secretary of the Treasury for the United States share of the
paid-in portion of the increase in capital stock, $75,000,000,
to remain available until expended.
For payment to the Inter-American Investment Corporation by
the Secretary of the Treasury, $4,670,000, to remain available
until expended.
limitation on callable capital subscriptions
The United States Governor of the Inter-American
Development Bank may subscribe without fiscal year limitation
to the callable capital portion of the United States share of
such capital stock in an amount not to exceed $4,098,794,833.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, $25,000,000,
to remain available until expended.
contribution to the asian development bank
For payment to the Asian Development Bank by the Secretary
of the Treasury for the United States share of the paid-in
portion of increase in capital stock, $106,586,000, to remain
available until expended.
limitation on callable capital subscriptions
The United States Governor of the Asian Development Bank
may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $2,558,048,769.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian
Development Fund by the Secretary of the Treasury,
$100,000,000, to remain available until expended.
contribution to the african development bank
For payment to the African Development Bank by the
Secretary of the Treasury for the United States share of the
paid-in portion of the increase in capital stock, $32,417,720,
to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $507,860,808.
contribution to the african development fund
For payment to the African Development Fund by the
Secretary of the Treasury, $172,500,000, to remain available
until expended.
For payment to the African Development Fund by the
Secretary of the Treasury for costs incurred under the
Multilateral Debt Relief Initiative, $7,500,000, to remain
available until expended.
european bank for reconstruction and development
limitation on callable capital subscriptions
The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital of the United States
share of such capital in an amount not to exceed
$1,252,331,952.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural
Development by the Secretary of the Treasury, $30,000,000, to
remain available until expended.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $4,000,000, to remain available until
September 30, 2013.
program account
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by
section 104 of the Government Corporation Control Act, as may
be necessary in carrying out the program for the current fiscal
year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of
nuclear equipment, fuel, or technology to any country, other
than a nuclear-weapon state as defined in Article IX of the
Treaty on the Non-Proliferation of Nuclear Weapons eligible to
receive economic or military assistance under this Act, that
has detonated a nuclear explosive after the date of the
enactment of this Act: Provided further, That not less than 10
percent of the aggregate loan, guarantee, and insurance
authority available to the Export-Import Bank under this Act
should be used for renewable energy technologies or end-use
energy efficiency technologies: Provided further, That
notwithstanding section 1(c) of Public Law 103-428, as amended,
sections 1(a) and (b) of Public Law 103-428 shall remain in
effect through October 1, 2012: Provided further, That
notwithstanding the dates specified in section 7 of the Export-
Import Bank Act of 1945 (12 U.S.C. 6350 and section 1(c) of
Public Law 103-428), the Export-Import Bank of the United
States shall continue to exercise its functions in connection
with and in furtherance of its objects and purposes through May
31, 2012.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the Export-
Import Bank Act of 1945, as amended, not to exceed $58,000,000:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such
funds shall remain available until September 30, 2027, for the
disbursement of direct loans, loan guarantees, insurance and
tied-aid grants obligated in fiscal years 2012, 2013, 2014, and
2015: Provided further, That none of the funds appropriated by
this Act or any prior Acts appropriating funds for the
Department of State, foreign operations, and related programs
for tied-aid credits or grants may be used for any other
purpose except through the regular notification procedures of
the Committees on Appropriations.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5 U.S.C.
3109, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors,
not to exceed $89,900,000: Provided, That the Export-Import
Bank may accept, and use, payment or services provided by
transaction participants for legal, financial, or technical
services in connection with any transaction for which an
application for a loan, guarantee or insurance commitment has
been made: Provided further, That notwithstanding subsection
(b) of section 117 of the Export Enhancement Act of 1992,
subsection (a) thereof shall remain in effect until October 1,
2012: Provided further, That the Export-Import Bank shall
charge fees for necessary expenses (including special services
performed on a contract or fee basis, but not including other
personal services) in connection with the collection of moneys
owed the Export-Import Bank, repossession or sale of pledged
collateral or other assets acquired by the Export-Import Bank
in satisfaction of moneys owed the Export-Import Bank, or the
investigation or appraisal of any property, or the evaluation
of the legal, financial, or technical aspects of any
transaction for which an application for a loan, guarantee or
insurance commitment has been made, or systems infrastructure
directly supporting transactions: Provided further, That, in
addition to other funds appropriated for administrative
expenses, such fees shall be credited to this account, to
remain available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act
of 1945, as amended, and the Federal Credit Reform Act of 1990,
as amended, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this
account: Provided, That the sums herein appropriated from the
General Fund shall be reduced on a dollar-for-dollar basis by
such offsetting collections so as to result in a final fiscal
year appropriation from the General Fund estimated at $0:
Provided further, That amounts collected in fiscal year 2012 in
excess of obligations, up to $50,000,000, shall become
available on September 1, 2012 and shall remain available until
September 30, 2015.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as provided
by 31 U.S.C. 9104, such expenditures and commitments within the
limits of funds available to it and in accordance with law as
may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance
programs (including an amount for official reception and
representation expenses which shall not exceed $35,000) shall
not exceed $54,990,000: Provided further, That project-
specific transaction costs, including direct and indirect costs
incurred in claims settlements, and other direct costs
associated with services provided to specific investors or
potential investors pursuant to section 234 of the Foreign
Assistance Act of 1961, shall not be considered administrative
expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $25,000,000,
as authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by transfer from the Overseas Private
Investment Corporation Noncredit Account: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall be available for direct
loan obligations and loan guaranty commitments incurred or made
during fiscal years 2012, 2013, and 2014: Provided further,
That funds so obligated in fiscal year 2012 remain available
for disbursement through 2020; funds obligated in fiscal year
2013 remain available for disbursement through 2021; and funds
obligated in fiscal year 2014 remain available for disbursement
through 2022: Provided further, That notwithstanding any other
provision of law, the Overseas Private Investment Corporation
is authorized to undertake any program authorized by title IV
of chapter 2 of part I of the Foreign Assistance Act of 1961 in
Iraq: Provided further, That funds made available pursuant to
the authority of the previous proviso shall be subject to the
regular notification procedures of the Committees on
Appropriations.
In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may be
derived from amounts available for administrative expenses to
carry out the credit and insurance programs in the Overseas
Private Investment Corporation Noncredit Account and merged
with said account.
trade and development agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961, $50,000,000,
to remain available until September 30, 2013: Provided, That
of the funds appropriated under this heading, not more than
$4,000 may be available for representation and entertainment
allowances.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act
shall be available, except as otherwise provided, for
allowances and differentials as authorized by subchapter 59 of
title 5, United States Code; for services as authorized by 5
U.S.C. 3109; and for hire of passenger transportation pursuant
to 31 U.S.C. 1343(b).
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on
Appropriations a quarterly accounting of cumulative unobligated
balances and obligated, but unexpended, balances by program,
project, and activity, and Treasury Account Fund Symbol of all
funds received by such department or agency in fiscal year 2012
or any previous fiscal year: Provided, That the report
required by this section should specify by account the amount
of funds obligated pursuant to bilateral agreements which have
not been further sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under
title I of this Act for any consulting service through
procurement contract, pursuant to 5 U.S.C. 3109, shall be
limited to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
embassy construction
Sec. 7004. (a) Of funds provided under title I of this Act,
except as provided in subsection (b), a project to construct a
diplomatic facility of the United States may not include office
space or other accommodations for an employee of a Federal
agency or department if the Secretary of State determines that
such department or agency has not provided to the Department of
State the full amount of funding required by subsection (e) of
section 604 of the Secure Embassy Construction and
Counterterrorism Act of 1999 (as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in appendix G of
that Act; 113 Stat. 1501A-453), as amended by section 629 of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a
project to construct a diplomatic facility of the United States
may include office space or other accommodations for members of
the United States Marine Corps.
(c) For the purposes of calculating the fiscal year 2012
costs of providing new United States diplomatic facilities in
accordance with section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865
note), the Secretary of State, in consultation with the
Director of the Office of Management and Budget, shall
determine the annual program level and agency shares in a
manner that is proportional to the Department of State's
contribution for this purpose.
(d) Funds appropriated by this Act, and any prior Act
making appropriations for the Department of State, foreign
operations, and related programs, which may be made available
for the acquisition of property for diplomatic facilities in
Afghanistan, Pakistan, and Iraq, shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
(e) Section 604(e)(1) of the Secure Embassy Construction
and Counterterrorism Act of 1999 (22 U.S.C. 4865 note) is
amended by striking ``providing new,'' and inserting in its
place ``providing, maintaining, repairing, and renovating''.
(f)(1) None of the funds appropriated under the heading
``Embassy Security, Construction, and Maintenance'' in this Act
and in prior Acts making appropriations for the Department of
State, foreign operations, and related programs, made available
through Federal agency Capital Security Cost Sharing
contributions and reimbursements, or generated from the
proceeds of real property sales, other than from real property
sales located in London, United Kingdom, may be made available
for site acquisition and mitigation, planning, design or
construction of the New London Embassy.
(2) Within 60 days of enactment of this Act and every 6
months thereafter until completion of the New London Embassy,
the Secretary of State shall submit to the Committees on
Appropriations a report on the project: Provided, That such
report shall include revenue and cost projections, cost
containment efforts, project schedule and actual project
status, the impact of currency exchange rate fluctuations on
project revenue and costs, and options for modifying the scope
of the project in the event that proceeds of real property
sales in London fall below the total cost of the project.
personnel actions
Sec. 7005. Any costs incurred by a department or agency
funded under title I of this Act resulting from personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary resources
available under title I to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to
carry out this section shall be treated as a reprogramming of
funds under section 7015 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
local guard contracts
Sec. 7006. In evaluating proposals for local guard
contracts, the Secretary of State shall award contracts in
accordance with section 136 of the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4864),
except that the Secretary may grant authorization to award such
contracts on the basis of best value as determined by a cost-
technical tradeoff analysis (as described in Federal
Acquisition Regulation part 15.101) in Iraq, Afghanistan, and
Pakistan, notwithstanding subsection (c)(3) of such section:
Provided, That the authority in this section shall apply to any
options for renewal that may be exercised under such contracts
that are awarded during the current fiscal year: Provided
further, That prior to issuing a solicitation for a contract to
be awarded pursuant to the authority under this section, the
Secretary of State shall consult with the Committees on
Appropriations and other relevant congressional committees.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance or reparations for the governments of Cuba, North
Korea, Iran, or Syria: Provided, That for purposes of this
section, the prohibition on obligations or expenditures shall
include direct loans, credits, insurance and guarantees of the
Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance to the government of any country whose duly elected
head of government is deposed by military coup d'etat or decree
or, after the date of enactment of this Act, a coup d'etat or
decree in which the military plays a decisive role: Provided,
That assistance may be resumed to such government if the
President determines and certifies to the Committees on
Appropriations that subsequent to the termination of assistance
a democratically elected government has taken office: Provided
further, That the provisions of this section shall not apply to
assistance to promote democratic elections or public
participation in democratic processes: Provided further, That
funds made available pursuant to the previous provisos shall be
subject to the regular notification procedures of the
Committees on Appropriations.
transfer authority
Sec. 7009. (a) Department of State and Broadcasting Board
of Governors.--
(1) Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the
Department of State under title I of this Act may be
transferred between such appropriations, but no such
appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by
any such transfers.
(2) Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the
Broadcasting Board of Governors under title I of this
Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by
any such transfers.
(3) Any transfer pursuant to this section shall be
treated as a reprogramming of funds under section
7015(a) and (b) of this Act and shall not be available
for obligation or expenditure except in compliance with
the procedures set forth in that section.
(b) Export Financing Transfer Authorities.--Not to exceed 5
percent of any appropriation other than for administrative
expenses made available for fiscal year 2012, for programs
under title VI of this Act may be transferred between such
appropriations for use for any of the purposes, programs, and
activities for which the funds in such receiving account may be
used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of
such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(c) Limitation on Transfers Between Agencies.--
(1) None of the funds made available under titles
II through V of this Act may be transferred to any
department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any
other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to
transfers made by, or authorized elsewhere in, this
Act, funds appropriated by this Act to carry out the
purposes of the Foreign Assistance Act of 1961 may be
allocated or transferred to agencies of the United
States Government pursuant to the provisions of
sections 109, 610, and 632 of the Foreign Assistance
Act of 1961.
(3) Any agreement entered into by the United States
Agency for International Development (USAID) or the
Department of State with any department, agency, or
instrumentality of the United States Government
pursuant to section 632(b) of the Foreign Assistance
Act of 1961 valued in excess of $1,000,000 and any
agreement made pursuant to section 632(a) of such Act,
with funds appropriated by this Act and prior Acts
making appropriations for the Department of State,
foreign operations, and related programs under the
headings ``Global Health Programs'', ``Development
Assistance'', and ``Economic Support Fund'' shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided, That the
requirement in the previous sentence shall not apply to
agreements entered into between USAID and the
Department of State.
(d) Transfers Between Accounts.--None of the funds made
available under titles II through V of this Act may be
obligated under an appropriation account to which they were not
appropriated, except for transfers specifically provided for in
this Act, unless the President, not less than 5 days prior to
the exercise of any authority contained in the Foreign
Assistance Act of 1961 to transfer funds, consults with and
provides a written policy justification to the Committees on
Appropriations.
(e) Audit of Inter-agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or
prior Acts, entered into between the Department of State or
USAID and another agency of the United States Government under
the authority of section 632(a) of the Foreign Assistance Act
of 1961 or any comparable provision of law, shall expressly
provide that the Inspector General (IG) for the agency
receiving the transfer or allocation of such funds, or other
entity with audit responsibility if the receiving agency does
not have an IG, shall perform periodic program and financial
audits of the use of such funds: Provided, That such audits
shall be transmitted to the Committees on Appropriations:
Provided further, That funds transferred under such authority
may be made available for the cost of such audits.
reporting requirement
Sec. 7010. The Secretary of State shall provide the
Committees on Appropriations, not later than April 1, 2012, and
for each fiscal quarter, a report in writing on the uses of
funds made available under the headings ``Foreign Military
Financing Program'', ``International Military Education and
Training'', ``Peacekeeping Operations'', and ``Pakistan
Counterinsurgency Capability Fund'': Provided, That such
report shall include a description of the obligation and
expenditure of funds, and the specific country in receipt of,
and the use or purpose of the assistance provided by such
funds.
availability of funds
Sec. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the expiration
of the current fiscal year unless expressly so provided in this
Act: Provided, That funds appropriated for the purposes of
chapters 1 and 8 of part I, section 661, chapters 4, 5, 6, 8,
and 9 of part II of the Foreign Assistance Act of 1961, section
23 of the Arms Export Control Act, and funds provided under the
headings ``Assistance for Europe, Eurasia and Central Asia''
and ``Development Credit Authority'', shall remain available
for an additional 4 years from the date on which the
availability of such funds would otherwise have expired, if
such funds are initially obligated before the expiration of
their respective periods of availability contained in this Act:
Provided further, That notwithstanding any other provision of
this Act, any funds made available for the purposes of chapter
1 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 which are allocated or obligated for cash
disbursements in order to address balance of payments or
economic policy reform objectives, shall remain available for
an additional 4 years from the date on which the availability
of such funds would otherwise have expired, if such funds are
initially allocated or obligated before the expiration of their
respective periods of availability contained in this Act:
Provided further, That the Secretary of State shall provide a
report to the Committees on Appropriations at the beginning of
each fiscal year, detailing by account and source year, the use
of this authority during the previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under
titles III through VI in this Act shall be used to furnish
assistance to the government of any country which is in default
during a period in excess of one calendar year in payment to
the United States of principal or interest on any loan made to
the government of such country by the United States pursuant to
a program for which funds are appropriated under this Act
unless the President determines, following consultations with
the Committees on Appropriations, that assistance for such
country is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be
made available to provide assistance for a foreign country
under a new bilateral agreement governing the terms and
conditions under which such assistance is to be provided unless
such agreement includes a provision stating that assistance
provided by the United States shall be exempt from taxation, or
reimbursed, by the foreign government, and the Secretary of
State shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform with
this requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent
to 200 percent of the total taxes assessed during fiscal year
2012 on funds appropriated by this Act by a foreign government
or entity against commodities financed under United States
assistance programs for which funds are appropriated by this
Act, either directly or through grantees, contractors and
subcontractors shall be withheld from obligation from funds
appropriated for assistance for fiscal year 2013 and allocated
for the central government of such country and for the West
Bank and Gaza program to the extent that the Secretary of State
certifies and reports in writing to the Committees on
Appropriations that such taxes have not been reimbursed to the
Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each country or entity pursuant to subsection (b) shall be
reprogrammed for assistance to countries which do not assess
taxes on United States assistance or which have an effective
arrangement that is providing substantial reimbursement of such
taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply
to any country or entity the Secretary of State
determines--
(A) does not assess taxes on United States
assistance or which has an effective
arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the
United States outweigh the purpose of this
section to ensure that United States assistance
is not subject to taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard
to any country or entity.
(f) Implementation.--The Secretary of State shall issue
rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance
contained in this section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to
value added taxes and customs duties imposed on
commodities financed with United States assistance for
programs for which funds are appropriated by this Act;
and
(2) the term ``bilateral agreement'' refers to a
framework bilateral agreement between the Government of
the United States and the government of the country
receiving assistance that describes the privileges and
immunities applicable to United States foreign
assistance for such country generally, or an individual
agreement between the Government of the United States
and such government that describes, among other things,
the treatment for tax purposes that will be accorded
the United States assistance provided under that
agreement.
(h) Report.--The Secretary of State shall submit a report
to the Committees on Appropriations not later than 90 days
after the enactment of this Act detailing steps taken by the
Department of State to comply with the requirements provided in
subsections (a) and (f).
reservations of funds
Sec. 7014. (a) Funds appropriated under titles II through
VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account
notwithstanding the designation if compliance with the
designation is made impossible by operation of any provision of
this or any other Act: Provided, That any such reprogramming
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection
shall be made available under the same terms and conditions as
originally provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds appropriated
by this Act and administered by the United States Agency for
International Development (USAID) that are specifically
designated for particular programs or activities by this or any
other Act shall be extended for an additional fiscal year if
the USAID Administrator determines and reports promptly to the
Committees on Appropriations that the termination of assistance
to a country or a significant change in circumstances makes it
unlikely that such designated funds can be obligated during the
original period of availability: Provided, That such
designated funds that continue to be available for an
additional fiscal year shall be obligated only for the purpose
of such designation.
(c) Ceilings and specifically designated funding levels
contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any
subsequent Act unless such Act specifically so directs:
Provided, That specifically designated funding levels or
minimum funding requirements contained in any other Act shall
not be applicable to funds appropriated by this Act.
notification requirements
Sec. 7015. (a) None of the funds made available in title I
of this Act, or in prior appropriations Acts to the agencies
and departments funded by this Act that remain available for
obligation or expenditure in fiscal year 2012, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees or of currency reflows or other
offsetting collections, or made available by transfer, to the
agencies and departments funded by this Act, shall be available
for obligation or expenditure through a reprogramming of funds
that:
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for
any project or activity for which funds have been
denied or restricted;
(4) relocates an office or employees;
(5) closes or opens a mission or post;
(6) creates, reorganizes, or renames bureaus,
centers, or offices;
(7) reorganizes programs or activities; or
(8) contracts out or privatizes any functions or
activities presently performed by Federal employees;
unless the Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds: Provided, That unless
previously justified to the Committees on Appropriations, the
requirements of this subsection shall apply to all obligations
of funds appropriated under title I of this Act for items (5)
and (6) above.
(b) None of the funds provided under title I of this Act,
or provided under previous appropriations Acts to the agency or
department funded under title I of this Act that remain
available for obligation or expenditure in fiscal year 2012, or
provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agency or
department funded under title I of this Act, shall be available
for obligation or expenditure for activities, programs, or
projects through a reprogramming of funds in excess of
$1,000,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects, or
activities;
(2) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or
(3) results from any general savings, including
savings from a reduction in personnel, which would
result in a change in existing programs, activities, or
projects as approved by Congress; unless the Committees
on Appropriations are notified 15 days in advance of
such reprogramming of funds.
(c) None of the funds made available under titles II
through VI and VIII in this Act under the headings ``Global
Health Programs'', ``Development Assistance'', ``International
Organizations and Programs'', ``Trade and Development Agency'',
``International Narcotics Control and Law Enforcement'',
``Assistance for Europe, Eurasia and Central Asia'', ``Economic
Support Fund'', ``Democracy Fund'', ``Peacekeeping
Operations'', ``Capital Investment Fund'', ``Operating
Expenses'', ``Conflict Stabilization Operations'', ``Office of
Inspector General'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', ``Millennium Challenge
Corporation'', ``Foreign Military Financing Program'',
``International Military Education and Training'', ``Pakistan
Counterinsurgency Capability Fund'', and ``Peace Corps'', shall
be available for obligation for activities, programs, projects,
type of materiel assistance, countries, or other operations not
justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these
specific headings unless the Committees on Appropriations are
notified 15 days in advance: Provided, That the President
shall not enter into any commitment of funds appropriated for
the purposes of section 23 of the Arms Export Control Act for
the provision of major defense equipment, other than
conventional ammunition, or other major defense items defined
to be aircraft, ships, missiles, or combat vehicles, not
previously justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such
commitment: Provided further, That requirements of this
subsection or any similar provision of any other Act shall not
apply to any reprogramming for an activity, program, or project
for which funds are appropriated under titles II through IV of
this Act of less than 10 percent of the amount previously
justified to the Congress for obligation for such activity,
program, or project for the current fiscal year.
(d) Notwithstanding any other provision of law, with the
exception of funds transferred to, and merged with, funds
appropriated under title I of this Act, funds transferred by
the Department of Defense to the Department of State and the
United States Agency for International Development for
assistance for foreign countries and international
organizations, and funds made available for programs authorized
by section 1206 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163), shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(e) The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial risk
to human health or welfare: Provided, That in case of any such
waiver, notification to the Committees on Appropriations shall
be provided as early as practicable, but in no event later than
3 days after taking the action to which such notification
requirement was applicable, in the context of the circumstances
necessitating such waiver: Provided further, That any
notification provided pursuant to such a waiver shall contain
an explanation of the emergency circumstances.
(f) None of the funds appropriated under titles III through
VI and VIII of this Act shall be obligated or expended for
assistance for Serbia, Sudan, South Sudan, Zimbabwe,
Afghanistan, Iraq, Pakistan, Cuba, Iran, Haiti, Libya,
Ethiopia, Nepal, Colombia, Honduras, Burma, Yemen, Mexico,
Kazakhstan, Uzbekistan, the Russian Federation, Somalia, Sri
Lanka, or Cambodia except as provided through the regular
notification procedures of the Committees on Appropriations.
notification on excess defense equipment
Sec. 7016. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall notify
the Committees on Appropriations to the same extent and under
the same conditions as other committees pursuant to subsection
(f) of that section: Provided, That before issuing a letter of
offer to sell excess defense articles under the Arms Export
Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense
articles are significant military equipment (as defined in
section 47(9) of the Arms Export Control Act) or are valued (in
terms of original acquisition cost) at $7,000,000 or more, or
if notification is required elsewhere in this Act for the use
of appropriated funds for specific countries that would receive
such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition
cost of such defense articles.
limitation on availability of funds for international organizations and
programs
Sec. 7017. Subject to the regular notification procedures
of the Committees on Appropriations, funds appropriated under
titles III through VI of this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, which are returned or not made available
for organizations and programs because of the implementation of
section 307(a) of the Foreign Assistance Act of 1961 or section
7049(a) of this Act, shall remain available for obligation
until September 30, 2013.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions. None of the funds made available to carry out part I
of the Foreign Assistance Act of 1961, as amended, may be used
to pay for the performance of involuntary sterilization as a
method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to
methods of, or the performance of, abortions or involuntary
sterilization as a means of family planning. None of the funds
made available to carry out part I of the Foreign Assistance
Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use
of these funds by any such country or organization would
violate any of the above provisions related to abortions and
involuntary sterilizations.
allocations
Sec. 7019. (a) Funds provided in this Act shall be made
available for programs and countries in the amounts contained
in the respective tables included in the joint explanatory
statement accompanying this Act.
(b) For the purposes of implementing this section and only
with respect to the tables included in the joint explanatory
statement accompanying this Act, the Secretary of State, the
Administrator of the United States Agency for International
Development and the Broadcasting Board of Governors, as
appropriate, may propose deviations to the amounts referenced
in subsection (a), subject to the regular notification
procedures of the Committees on Appropriations.
prohibition of payment of certain expenses
Sec. 7020. None of the funds appropriated or otherwise
made available by this Act under the headings ``International
Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or
under the headings ``Global Health Programs'', ``Development
Assistance'', and ``Economic Support Fund'' may be obligated or
expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including
but not limited to entrance fees at sporting events,
theatrical and musical productions, and amusement
parks.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) None of the funds appropriated or otherwise
made available by titles III through VI of this Act may
be available to any foreign government which provides
lethal military equipment to a country the government
of which the Secretary of State has determined supports
international terrorism for purposes of section 6(j) of
the Export Administration Act of 1979: Provided, That
the prohibition under this section with respect to a
foreign government shall terminate 12 months after that
government ceases to provide such military equipment:
Provided further, That this section applies with
respect to lethal military equipment provided under a
contract entered into after October 1, 1997.
(2) Assistance restricted by paragraph (1) or any
other similar provision of law, may be furnished if the
President determines that to do so is important to the
national interests of the United States.
(3) Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit
to the Committees on Appropriations a report with
respect to the furnishing of such assistance, including
a detailed explanation of the assistance to be
provided, the estimated dollar amount of such
assistance, and an explanation of how the assistance
furthers United States national interests.
(b) Bilateral Assistance.--
(1) Funds appropriated for bilateral assistance in
titles III through VI of this Act and funds
appropriated under any such title in prior acts making
appropriations for the Department of State, foreign
operations, and related programs, shall not be made
available to any foreign government which the President
determines--
(A) grants sanctuary from prosecution to
any individual or group which has committed an
act of international terrorism;
(B) otherwise supports international
terrorism; or
(C) is controlled by an organization
designated as a terrorist organization under
section 219 of the Immigration and Nationality
Act.
(2) The President may waive the application of
paragraph (1) to a government if the President
determines that national security or humanitarian
reasons justify such waiver: Provided, That the
President shall publish each such waiver in the Federal
Register and, at least 15 days before the waiver takes
effect, shall notify the Committees on Appropriations
of the waiver (including the justification for the
waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development
Agency'', may be obligated and expended notwithstanding section
10 of Public Law 91-672, section 15 of the State Department
Basic Authorities Act of 1956, section 313 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236), and section 504(a)(1) of the National Security
Act of 1947 (50 U.S.C. 414(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this
Act ``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives,
ceilings, and limitations with the exception that for the
following accounts: ``Economic Support Fund'' and ``Foreign
Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country,
regional, and central program level funding within each such
account; for the development assistance accounts of the United
States Agency for International Development ``program, project,
and activity'' shall also be considered to include central,
country, regional, and program level funding, either as:
(1) justified to the Congress; or
(2) allocated by the executive branch in accordance
with a report, to be provided to the Committees on
Appropriations within 30 days of the enactment of this
Act, as required by section 653(a) of the Foreign
Assistance Act of 1961.
authorities for the peace corps, inter-american foundation and african
development foundation
Sec. 7024. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for the Department of State, foreign operations, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development
Foundation Act: Provided, That prior to conducting activities
in a country for which assistance is prohibited, the agency
shall consult with the Committees on Appropriations and report
to such Committees within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) None of the funds appropriated or made
available pursuant to titles III through VI of this Act for
direct assistance and none of the funds otherwise made
available to the Export-Import Bank and the Overseas Private
Investment Corporation shall be obligated or expended to
finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any
commodity for export by any country other than the United
States, if the commodity is likely to be in surplus on world
markets at the time the resulting productive capacity is
expected to become operative and if the assistance will cause
substantial injury to United States producers of the same,
similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the
injury to United States producers of the same, similar, or
competing commodity, and the Chairman of the Board so notifies
the Committees on Appropriations: Provided further, That this
subsection shall not prohibit--
(1) activities in a country that is eligible for
assistance from the International Development
Association, is not eligible for assistance from the
International Bank for Reconstruction and Development,
and does not export on a consistent basis the
agricultural commodity with respect to which assistance
is furnished; or
(2) activities in a country the President
determines is recovering from widespread conflict, a
humanitarian crisis, or a complex emergency.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance Act
of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in connection
with the growth or production in a foreign country of an
agricultural commodity for export which would compete with a
similar commodity grown or produced in the United States:
Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security
in developing countries where such activities will not
have a significant impact on the export of agricultural
commodities of the United States;
(2) research activities intended primarily to
benefit American producers;
(3) activities in a country that is eligible for
assistance from the International Development
Association, is not eligible for assistance from the
International Bank for Reconstruction and Development,
and does not export on a consistent basis the
agricultural commodity with respect to which assistance
is furnished; or
(4) activities in a country the President
determines is recovering from widespread conflict, a
humanitarian crisis, or a complex emergency.
(c) The Secretary of the Treasury shall instruct the United
States Executive Directors of the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the European
Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund to use the
voice and vote of the United States to oppose any assistance by
these institutions, using funds appropriated or made available
pursuant to titles III through VI of this Act, for the
production or extraction of any commodity or mineral for
export, if it is in surplus on world markets and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) If assistance is furnished to the government of
a foreign country under chapters 1 and 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 under agreements which result in the generation of
local currencies of that country, the Administrator of
the United States Agency for International Development
(USAID) shall--
(A) require that local currencies be
deposited in a separate account established by
that government;
(B) enter into an agreement with that
government which sets forth--
(i) the amount of the local
currencies to be generated; and
(ii) the terms and conditions under
which the currencies so deposited may
be utilized, consistent with this
section; and
(C) establish by agreement with that
government the responsibilities of USAID and
that government to monitor and account for
deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed
upon with the foreign government, local currencies
deposited in a separate account pursuant to subsection
(a), or an equivalent amount of local currencies, shall
be used only--
(A) to carry out chapter 1 or 10 of part I
or chapter 4 of part II of the Foreign
Assistance Act of 1961 (as the case may be),
for such purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of
the United States Government.
(3) Programming accountability.--USAID shall take
all necessary steps to ensure that the equivalent of
the local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established
pursuant to subsection (a)(1) are used for the purposes
agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon
termination of assistance to a country under chapter 1
or 10 of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961 (as the case may be), any
unencumbered balances of funds which remain in a
separate account established pursuant to subsection (a)
shall be disposed of for such purposes as may be agreed
to by the government of that country and the United
States Government.
(5) Reporting requirement.--The USAID Administrator
shall report on an annual basis as part of the
justification documents submitted to the Committees on
Appropriations on the use of local currencies for the
administrative requirements of the United States
Government as authorized in subsection (a)(2)(B), and
such report shall include the amount of local currency
(and United States dollar equivalent) used and/or to be
used for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) If assistance is made available to the
government of a foreign country, under chapter 1 or 10
of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961, as cash transfer assistance or
as nonproject sector assistance, that country shall be
required to maintain such funds in a separate account
and not commingle them with any other funds.
(2) Applicability of other provisions of law.--Such
funds may be obligated and expended notwithstanding
provisions of law which are inconsistent with the
nature of this assistance including provisions which
are referenced in the Joint Explanatory Statement of
the Committee of Conference accompanying House Joint
Resolution 648 (House Report No. 98-1159).
(3) Notification.--At least 15 days prior to
obligating any such cash transfer or nonproject sector
assistance, the President shall submit a notification
through the regular notification procedures of the
Committees on Appropriations, which shall include a
detailed description of how the funds proposed to be
made available will be used, with a discussion of the
United States interests that will be served by the
assistance (including, as appropriate, a description of
the economic policy reforms that will be promoted by
such assistance).
(4) Exemption.--Nonproject sector assistance funds
may be exempt from the requirements of subsection
(b)(1) only through the regular notification procedures
of the Committees on Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'': Provided,
That before using the authority of this subsection to furnish
assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations under the regular notification procedures of
those committees, including a description of the program to be
assisted, the assistance to be provided, and the reasons for
furnishing such assistance: Provided further, That nothing in
this subsection shall be construed to alter any existing
statutory prohibitions against abortion or involuntary
sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2012, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act of
1954: Provided, That none of the funds appropriated to carry
out title I of such Act and made available pursuant to this
subsection may be obligated or expended except as provided
through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to countries that support
international terrorism; or
(2) with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to the government of a
country that violates internationally recognized human
rights.
impact on jobs in the united states
Sec. 7028. None of the funds appropriated under titles III
through VI of this Act may be obligated or expended to
provide--
(1) any financial incentive to a business
enterprise currently located in the United States for
the purpose of inducing such an enterprise to relocate
outside the United States if such incentive or
inducement is likely to reduce the number of employees
of such business enterprise in the United States
because United States production is being replaced by
such enterprise outside the United States; or
(2) assistance for any program, project, or
activity that contributes to the violation of
internationally recognized workers rights, as defined
in section 507(4) of the Trade Act of 1974, of workers
in the recipient country, including any designated zone
or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act
should be commensurate with the level of development of
the recipient country and sector, and shall not
preclude assistance for the informal sector in such
country, micro and small-scale enterprise, and
smallholder agriculture.
international financial institutions
Sec. 7029. (a) None of the funds appropriated under title V
of this Act may be made as payment to any international
financial institution while the United States executive
director to such institution is compensated by the institution
at a rate which, together with whatever compensation such
executive director receives from the United States, is in
excess of the rate provided for an individual occupying a
position at level IV of the Executive Schedule under section
5315 of title 5, United States Code, or while any alternate
United States executive director to such institution is
compensated by the institution at a rate in excess of the rate
provided for an individual occupying a position at level V of
the Executive Schedule under section 5316 of title 5, United
States Code.
(b) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to oppose any loan, grant, strategy or policy of
such institution that would require user fees or service
charges on poor people for primary education or primary
healthcare, including prevention, care and treatment for HIV/
AIDS, malaria, tuberculosis, and infant, child, and maternal
health, in connection with such institution's financing
programs.
(c) The Secretary of the Treasury shall instruct the United
States Executive Director of the International Monetary Fund
(the Fund) to use the voice and vote of the United States to
oppose any loan, project, agreement, memorandum, instrument,
plan, or other program of the Fund to a Heavily Indebted Poor
Country that imposes budget caps or restraints that do not
allow the maintenance of or an increase in governmental
spending on healthcare or education; and to promote government
spending on healthcare, education, agriculture and food
security, or other critical safety net programs in all of the
Fund's activities with respect to Heavily Indebted Poor
Countries.
(d) For the purposes of this Act ``international financial
institutions'' shall mean the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Asian Development Fund, the Inter-
American Investment Corporation, the North American Development
Bank, the European Bank for Reconstruction and Development, the
African Development Bank and the African Development Fund.
debt-for-development
Sec. 7030. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization which
is a grantee or contractor of the United States Agency for
International Development may place in interest bearing
accounts local currencies which accrue to that organization as
a result of economic assistance provided under title III of
this Act and, subject to the regular notification procedures of
the Committees on Appropriations, any interest earned on such
investment shall be used for the purpose for which the
assistance was provided to that organization.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-
Government Assistance.--
(1) Funds appropriated by this Act may be made
available for direct Government-to-Government
assistance only if--
(A) each implementing agency or ministry to
receive assistance has been assessed and is
considered to have the systems required to
manage such assistance and any identified
vulnerabilities or weaknesses of such agency or
ministry have been addressed; and
(i) the recipient agency or
ministry employs and utilizes staff
with the necessary technical,
financial, and management capabilities;
(ii) the recipient agency or
ministry has adopted competitive
procurement policies and systems;
(iii) effective monitoring and
evaluation systems are in place to
ensure that such assistance is used for
its intended purposes; and
(iv) no level of acceptable fraud
is assumed.
(B) the Government of the United States and
the government of the recipient country have
agreed, in writing--
(i) on clear and achievable
objectives for the use of such
assistance; and
(ii) that such assistance should be
made on a cost-reimbursable basis.
(2) In addition to the requirements in subsection
(a), no funds may be made available for such assistance
without prior consultation with, and notification to,
the Committees on Appropriations: Provided, That such
notification shall contain an explanation of how the
proposed activity meets the requirements of paragraph
(1): Provided further, That the requirements of this
paragraph shall only apply to direct Government-to-
Government assistance in excess of $10,000,000 and all
funds available for cash transfer, budget support, and
cash payments to individuals.
(3) The USAID Administrator or the Secretary of
State, as appropriate, shall suspend any such
assistance if the Administrator or the Secretary has
credible information of material misuse of such
assistance, unless the Administrator or the Secretary
determines and reports to the Committees on
Appropriations that it is in the national interest of
the United States to continue such assistance.
(4) Not later than 90 days after the enactment of
this Act and 6 months thereafter, the USAID
Administrator shall submit to the Committees on
Appropriations a report that--
(A) details all assistance described in
subsection (a) provided during the previous 6-
month period by country, funding amount, source
of funds, and type of such assistance; and
(B) the type of procurement instrument or
mechanism utilized and whether the assistance
was provided on a cost-reimbursable basis.
(5) The USAID Administrator shall submit to the
Committees on Appropriations, concurrent with the
fiscal year 2013 congressional budget justification
materials, amounts planned for assistance described in
subsection (a) by country, proposed funding amount,
source of funds, and type of assistance.
(b) National Budget and Contract Transparency.--
(1) Limitation on funding.--None of the funds
appropriated under titles III and IV of this Act may be
made available to the central government of any country
that does not meet minimum standards of fiscal
transparency: Provided, That the Secretary of State
shall develop ``minimum standards of fiscal
transparency'' to be updated and strengthened, as
appropriate, to reflect best practices: Provided
further, That the Secretary shall make an annual
determination of ``progress'' or ``no progress'' for
countries that do not meet minimum standards of fiscal
transparency and make those determinations publicly
available in an annual ``Fiscal Transparency Report''.
(2) Minimum standards of fiscal transparency.--For
purposes of paragraph (1), ``minimum standards of
fiscal transparency'' shall include standards for the
public disclosure of budget documentation, including
receipts and expenditures by ministry, and government
contracts and licenses for natural resource extraction,
to include bidding and concession allocation practices.
(3) Waiver.--The Secretary of State may waive the
limitation on funding in paragraph (1) on a country-by-
country basis if the Secretary reports to the
Committees on Appropriations that the waiver is
important to the national interest of the United
States: Provided, That such waiver shall identify any
steps taken by the government of the country to
publicly disclose its national budget and contracts
which are additional to those which were undertaken in
previous fiscal years, include specific recommendations
of short- and long-term steps such government can take
to improve budget transparency, and identify benchmarks
for measuring progress.
(4) Assistance.--Of the funds appropriated under
title III of this Act, not less than $5,000,000 should
be made available for programs and activities to assist
the central governments of countries named in the list
required by paragraph (1) to improve budget
transparency or to support civil society organizations
in such countries that promote budget transparency:
Provided, That such sums shall be in addition to funds
otherwise made available for such purposes.
(c) Anti-kleptocracy.--
(1) Officials of foreign governments and their
immediate family members who the Secretary of State has
credible information have been involved in significant
corruption, including corruption related to the
extraction of natural resources, shall be ineligible
for entry into the United States.
(2) Individuals shall not be ineligible if entry
into the United States would further important United
States law enforcement objectives or is necessary to
permit the United States to fulfill its obligations
under the United Nations Headquarters Agreement:
Provided, That nothing in this provision shall be
construed to derogate from United States Government
obligations under applicable international agreements.
(3) The Secretary may waive the application of
paragraph (1) if the Secretary determines that the
waiver would serve a compelling national interest or
that the circumstances which caused the individual to
be ineligible have changed sufficiently.
(4) Not later than 90 days after enactment of this
Act and 180 days thereafter, the Secretary of State
shall submit a report, in classified form if necessary,
to the Committees on Appropriations describing the
information regarding corruption concerning each of the
individuals found ineligible pursuant to paragraph (1),
a list of any waivers provided under subsection (3),
and the justification for each waiver.
authority to engage in debt buybacks or sales
Sec. 7032. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain
loans.--Notwithstanding any other provision of law, the
President may, in accordance with this section, sell to
any eligible purchaser any concessional loan or portion
thereof made before January 1, 1995, pursuant to the
Foreign Assistance Act of 1961, to the government of
any eligible country as defined in section 702(6) of
that Act or on receipt of payment from an eligible
purchaser, reduce or cancel such loan or portion
thereof, only for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country
of its own qualified debt, only if the eligible
country uses an additional amount of the local
currency of the eligible country, equal to not
less than 40 percent of the price paid for such
debt by such eligible country, or the
difference between the price paid for such debt
and the face value of such debt, to support
activities that link conservation and
sustainable use of natural resources with local
community development, and child survival and
other child development, in a manner consistent
with sections 707 through 710 of the Foreign
Assistance Act of 1961, if the sale, reduction,
or cancellation would not contravene any term
or condition of any prior agreement relating to
such loan.
(2) Terms and conditions.--Notwithstanding any
other provision of law, the President shall, in
accordance with this section, establish the terms and
conditions under which loans may be sold, reduced, or
canceled pursuant to this section.
(3) Administration.--The Facility, as defined in
section 702(8) of the Foreign Assistance Act of 1961,
shall notify the administrator of the agency primarily
responsible for administering part I of the Foreign
Assistance Act of 1961 of purchasers that the President
has determined to be eligible, and shall direct such
agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section:
Provided, That such agency shall make adjustment in its
accounts to reflect the sale, reduction, or
cancellation.
(4) Limitation.--The authorities of this subsection
shall be available only to the extent that
appropriations for the cost of the modification, as
defined in section 502 of the Congressional Budget Act
of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the President
should consult with the country concerning the amount of loans
to be sold, reduced, or canceled and their uses for debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature
swaps.
(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
multi-year commitments
Sec. 7033. None of the funds appropriated by this Act may
be used to make a future year funding pledge for any
multilateral or bilateral program funded in titles III through
VI of this Act unless such pledge was--
(1) previously justified in a congressional budget
justification;
(2) included in an Act making appropriations for
the Department of State, foreign operations, and
related programs or previously authorized by an Act of
Congress;
(3) notified in accordance with the regular
notification procedures of the Committees on
Appropriations; or
(4) the subject of prior consultation with the
Committees on Appropriations and such consultation was
conducted at least 7 days in advance of the pledge.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and
Displaced Burmese.--Funds appropriated in titles III and VI of
this Act that are made available for victims of war, displaced
children, and displaced Burmese, and to assist victims of
trafficking in persons and, subject to the regular notification
procedures of the Committees on Appropriations, to combat such
trafficking, may be made available notwithstanding any other
provision of law.
(b) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(c) World Food Program.--Funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United States
Agency for International Development (USAID), from this or any
other Act, shall be made available as a general contribution to
the World Food Program, notwithstanding any other provision of
law.
(d) Disarmament, Demobilization and Reintegration.--
Notwithstanding any other provision of law, regulation or
Executive order, funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs under the headings ``Economic
Support Fund'', ``Peacekeeping Operations'', ``International
Disaster Assistance'', and ``Transition Initiatives'' should be
made available to support programs to disarm, demobilize, and
reintegrate into civilian society former members of foreign
terrorist organizations: Provided, That the Secretary of State
shall consult with the Committees on Appropriations prior to
the obligation of funds pursuant to this subsection: Provided
further, That for the purposes of this subsection the term
``foreign terrorist organization'' means an organization
designated as a terrorist organization under section 219 of the
Immigration and Nationality Act.
(e) Research and Training.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' may be made
available to carry out the Program for Research and Training on
Eastern Europe and the Independent States of the Former Soviet
Union (title VIII) as authorized by the Soviet-Eastern European
Research and Training Act of 1983 (22 U.S.C. 4501-4508).
(f) Contingencies.--During fiscal year 2012, the President
may use up to $50,000,000 under the authority of section 451 of
the Foreign Assistance Act of 1961, notwithstanding any other
provision of law.
(g) Consolidation of Reports.--The Secretary of State, in
coordination with the USAID Administrator, shall submit to the
Committees on Appropriations, and other relevant congressional
committees, not later than 90 days after enactment of this Act
recommendations for the consolidation or combination of reports
(including plans and strategies) that are called for by any
provision of law to be submitted to the Congress and that are
substantially duplicative of others called for by any other
provision of law: Provided, That reports are considered
``substantially duplicative'' if they are required to address
at least more than half of the same substantive factors,
criteria and issues that are required to be addressed by any
other report, and any such consolidated report must address all
the substantive factors, criteria and issues required to be
addressed in each of the individual reports: Provided further,
That reports affected by this subsection are those within the
purview of, or prepared primarily by, the Department of State
and USAID and that relate to matters addressed under this Act
or any other Act authorizing or appropriating funds for use by,
or actions of, the Department of State or USAID.
(h) Promotion of Democracy.--
(1) Funds made available by this Act that are made
available for the promotion of democracy may be made
available notwithstanding any other provision of law,
and with regard to the National Endowment for
Democracy, any regulation.
(2) For the purposes of funds appropriated by this
Act, the term ``promotion of democracy'' means programs
that support good governance, human rights, independent
media, and the rule of law, and otherwise strengthen
the capacity of democratic political parties,
governments, nongovernmental organizations and
institutions, and citizens to support the development
of democratic states, institutions, and practices that
are responsive and accountable to citizens.
(3) With respect to the provision of assistance for
democracy, human rights and governance activities in
this Act, the organizations implementing such
assistance and the specific nature of that assistance
shall not be subject to the prior approval by the
government of any foreign country.
(4) Funds appropriated under the heading ``Economic
Support Fund'' shall be made available to the Bureau of
Democracy, Human Rights and Labor for programs to
promote human rights by expanding open and uncensored
access to information and communication as identified
in the Department of State's Internet freedom strategy:
Provided, That funds made available by this paragraph
should be matched by sources other than the United
States Government, as appropriate: Provided further,
That the Secretary of State shall coordinate the
development and uses of circumvention and secure
communications technologies with the Administrator of
the United States Agency for International Development
and the Broadcasting Board of Governors, as
appropriate: Provided further, That the circumvention
technologies and programs supported by funds made
available by this Act, shall undergo a review, to
include an assessment of the protection against such
technologies being used for illicit purposes.
(5) Funds appropriated by this Act that are made
available to promote democracy and human rights shall
also be made available to support freedom of religion,
especially in the Middle East and North Africa.
(i) Partner Vetting.--Funds appropriated in this Act or any
prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be used by the
Secretary of State and the Administrator of the United States
Agency for International Development (USAID), as appropriate,
to support the development and implementation of a Partner
Vetting System (PVS) pilot program: Provided, That such pilot
program shall be implemented not later than September 30, 2012:
Provided further, That the Secretary of State and the USAID
Administrator shall jointly submit a report to the Committees
on Appropriations not later than 30 days after completion of
the pilot program on the estimated timeline and criteria for
evaluating the PVS for expansion.
(j) Protections and Remedies for Employees of Diplomatic
Missions and International Organizations.--The Secretary of
State shall implement section 203(a)(2) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008 (Public Law 110-457): Provided, That in determining
whether to suspend the issuance of A-3 or G-5 visas to
applicants seeking to work for officials of a diplomatic
mission or international organization, the Secretary shall
consider whether a final court judgment has been issued against
a current or former employee of such mission or organization
(and the time period for a final appeal has expired) or whether
the Department of State has requested that immunity of
individual diplomats or family members be waived to permit
criminal prosecution: Provided further, That the Secretary
should continue to assist in obtaining payment of final court
judgments awarded to A-3 and G-5 visa holders, including
encouraging the sending states to provide compensation directly
to victims: Provided further, That the Secretary shall
include, in a manner the Secretary deems appropriate, all
trafficking cases involving A-3 or G-5 visa holders in the
Trafficking in Persons annual report for which a final civil
judgment has been issued (and the time period for final appeal
has expired) or the Department of Justice has determined that
the United States Government would seek to indict the diplomat
or a family member but for diplomatic immunity.
(k) Modification of Amendment.--Section 620J of the Foreign
Assistance Act of 1961 (Limitation on Assistance to Security
Forces) is amended as follows:
(1) by redesignating the section as section 620M;
(2) in subsection (a), by striking ``evidence'' and
inserting ``information'' and by striking ``gross
violations'' and inserting ``a gross violation'';
(3) in subsection (b), by striking ``measures'' and
inserting ``steps''; and
(4) by adding the following subsection:
``(d) Credible Information.--The Secretary shall establish,
and periodically update, procedures to--
``(1) ensure that for each country the Department
of State has a current list of all security force units
receiving United States training, equipment, or other
types of assistance;
``(2) facilitate receipt by the Department of State
and United States embassies of information from
individuals and organizations outside the United States
Government about gross violations of human rights by
security force units;
``(3) routinely request and obtain such information
from the Department of Defense, the Central
Intelligence Agency, and other United States Government
sources;
``(4) ensure that such information is evaluated and
preserved;
``(5) ensure that when vetting an individual for
eligibility to receive United States training the
individual's unit is also vetted;
``(6) seek to identify the unit involved when
credible information of a gross violation exists but
the identity of the unit is lacking; and
``(7) make publicly available, to the maximum
extent practicable, the identity of those units for
which no assistance shall be furnished pursuant to
subsection (a).''
(l) Sections Repealed.--Sections 494, 495, and 495B through
495K of the Foreign Assistance Act of 1961 are hereby repealed.
(m) Extension of Authorities.--
(1) Section 1(b)(2) of the Passport Act of June 4,
1920 (22 U.S.C. 214(b)(2)) shall be applied by
substituting ``September 30, 2012'' for ``September 30,
2010''.
(2) The authority provided by section 301(a)(3) of
the Omnibus Diplomatic Security and Antiterrorism Act
of 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect
through September 30, 2012.
(3) The authority contained in section 1115(d) of
Public Law 111-32 shall remain in effect through
September 30, 2012.
(4) Section 824(g) of the Foreign Service Act of
1980 (22 U.S.C. 4064(g)) shall be applied by
substituting ``September 30, 2012'' for ``October 1,
2010'' in paragraph (2).
(5) Section 61(a) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2733(a)) shall be
applied by substituting ``September 30, 2012'' for
``October 1, 2010'' in paragraph (2).
(6) Section 625(j)(1) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2385(j)(1)) shall be applied by
substituting ``September 30, 2012'' for ``October 1,
2010'' in subparagraph (B).
(7) The authority contained in section 1603(a)(2)
of Public Law 109-234, as amended, shall remain in
effect through September 30, 2012.
(8) The authority provided by section 1113 of
Public Law 111-32 shall remain in effect through
September 30, 2012: Provided, That none of the funds
appropriated or otherwise made available by this Act or
any other Act making appropriations for the Department
of State, foreign operations, and related programs may
be used to implement phase 3 of such authority.
(n) Reports Repealed.--Section 133(d) of Public Law 87-195;
section 807 of Public Law 98-164; section 704(c) of Public Law
101-179; section 104 of Public Law 102-511; section 560(g) of
Public Law 103-87; section 514(a) of Public Law 103-236;
section 605(c) of Appendix G, Public Law 106-113; sections 3203
and 3204(f) of division B of Public Law 106-246; section
564(g)(4) of Public Law 106-429; sections 694(a), 694(b), 704
and 1321 of Public Law 107-228; and section 409(c) of Public
Law 108-447 are hereby repealed.
(o) Government Expenditures.--Funds appropriated under
title III and under the heading ``International Narcotics
Control and Law Enforcement'' in this Act should not be made
available for assistance for any government for programs or
activities in fiscal year 2013 if the Secretary of State or the
Administrator of the United States Agency for International
Development has credible information that such government is
reducing its own expenditures for such programs or activities
as a result of the assistance provided and for reasons that are
inconsistent with the purposes of such assistance.
(p) International Child Abductions.--The Secretary of State
may withhold funds appropriated under title III of this Act for
assistance for the central government of any country that the
Secretary determines is not taking appropriate steps to comply
with the Convention on the Civil Aspects of International Child
Abductions, done at the Hague on October 25, 1980: Provided,
That the Secretary shall report to the Committees on
Appropriations within 15 days of making any such determination.
(q) Redesignations.--
(1) The position of Advisor established pursuant to
section 699B of division J of Public Law 110-161 shall,
within 45 days of enactment of this Act and
notwithstanding the requirements of such section, be
moved to the United States Agency for International
Development (USAID): Provided, That the Advisor shall
hereafter be appointed by the USAID Administrator and
shall report directly to the Administrator: Provided
further, That the responsibilities of the Advisor
enumerated in section 699B(b) shall remain in full
force and effect.
(2) The position of Coordinator established
pursuant to section 664 of division J of Public Law
110-161 shall, within 45 days of enactment of this Act
and notwithstanding the requirements of such section,
be moved to the United States Agency for International
Development (USAID): Provided, That the Coordinator
shall hereafter be appointed by the USAID Administrator
and shall report directly to the Administrator:
Provided further, That the responsibilities of the
Coordinator enumerated in the first sentence of section
664(c) shall remain in full force and effect: Provided
further, That the limitation in the second sentence of
such section shall hereafter no longer apply to the
Coordinator.
(r) Extension of Authority.--The Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1990
(Public Law 101-167) is amended--
(1) In section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 2011''
and inserting ``2011, and 2012''; and
(B) in subsection (e), by striking ``June 1, 2011''
each place it appears and inserting ``October 1,
2012''; and
(2) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``2011'' and inserting
``2012''.
arab league boycott of israel
Sec. 7035. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the
secondary boycott of American firms that have
commercial ties with Israel, is an impediment to peace
in the region and to United States investment and trade
in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of
Israel immediately disbanded;
(3) all Arab League states should normalize
relations with their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott
of Israel and find concrete steps to demonstrate that
opposition by, for example, taking into consideration
the participation of any recipient country in the
boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress
annually on specific steps being taken by the United
States to encourage Arab League states to normalize
their relations with Israel to bring about the
termination of the Arab League boycott of Israel,
including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and
penalizing businesses that do comply.
palestinian statehood
Sec. 7036. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be
provided to support a Palestinian state unless the Secretary of
State determines and certifies to the appropriate congressional
committees that--
(1) the governing entity of a new Palestinian
state--
(A) has demonstrated a firm commitment to
peaceful co-existence with the State of Israel;
(B) is taking appropriate measures to
counter terrorism and terrorist financing in
the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and
is cooperating with appropriate Israeli and
other appropriate security organizations; and
(2) the Palestinian Authority (or the governing
entity of a new Palestinian state) is working with
other countries in the region to vigorously pursue
efforts to establish a just, lasting, and comprehensive
peace in the Middle East that will enable Israel and an
independent Palestinian state to exist within the
context of full and normal relationships, which should
include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and
political independence of every state in the
area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within
secure and recognized boundaries free from
threats or acts of force;
(D) freedom of navigation through
international waterways in the area; and
(E) a framework for achieving a just
settlement of the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that
the governing entity should enact a constitution assuring the
rule of law, an independent judiciary, and respect for human
rights for its citizens, and should enact other laws and
regulations assuring transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national
security interests of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing entity,
in order to help meet the requirements of subsection (a),
consistent with the provisions of section 7040 of this Act
(``Limitation on Assistance for the Palestinian Authority'').
restrictions concerning the palestinian authority
Sec. 7037. None of the funds appropriated under titles II
through VI of this Act may be obligated or expended to create
in any part of Jerusalem a new office of any department or
agency of the United States Government for the purpose of
conducting official United States Government business with the
Palestinian Authority over Gaza and Jericho or any successor
Palestinian governing entity provided for in the Israel-PLO
Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for the
existing Consulate General in Jerusalem: Provided further,
That meetings between officers and employees of the United
States and officials of the Palestinian Authority, or any
successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles, for the purpose of
conducting official United States Government business with such
authority should continue to take place in locations other than
Jerusalem: Provided further, That as has been true in the
past, officers and employees of the United States Government
may continue to meet in Jerusalem on other subjects with
Palestinians (including those who now occupy positions in the
Palestinian Authority), have social contacts, and have
incidental discussions.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise
made available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2012, 30 days
prior to the initial obligation of funds for the bilateral West
Bank and Gaza Program, the Secretary of State shall certify to
the Committees on Appropriations that procedures have been
established to assure the Comptroller General of the United
States will have access to appropriate United States financial
information in order to review the uses of United States
assistance for the Program funded under the heading ``Economic
Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such assistance
is not provided to or through any individual, private or
government entity, or educational institution that the
Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity
nor, with respect to private entities or educational
institutions, those that have as a principal officer of the
entity's governing board or governing board of trustees any
individual that has been determined to be involved in, or
advocating terrorist activity or determined to be a member of a
designated foreign terrorist organization: Provided, That the
Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this
subsection and shall terminate assistance to any individual,
entity, or educational institution which the Secretary has
determined to be involved in or advocating terrorist activity.
(c) Prohibition.--
(1) None of the funds appropriated under titles III
through VI of this Act for assistance under the West
Bank and Gaza Program may be made available for the
purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of
terrorism.
(2) Notwithstanding any other provision of law,
none of the funds made available by this or prior
appropriations Acts, including funds made available by
transfer, may be made available for obligation for
security assistance for the West Bank and Gaza until
the Secretary of State reports to the Committees on
Appropriations on the benchmarks that have been
established for security assistance for the West Bank
and Gaza and reports on the extent of Palestinian
compliance with such benchmarks.
(d) Audits.--
(1) The Administrator of the United States Agency
for International Development shall ensure that Federal
or non-Federal audits of all contractors and grantees,
and significant subcontractors and sub-grantees, under
the West Bank and Gaza Program, are conducted at least
on an annual basis to ensure, among other things,
compliance with this section.
(2) Of the funds appropriated by this Act up to
$500,000 may be used by the Office of Inspector General
of the United States Agency for International
Development for audits, inspections, and other
activities in furtherance of the requirements of this
subsection: Provided, That such funds are in addition
to funds otherwise available for such purposes.
(e) Subsequent to the certification specified in subsection
(a), the Comptroller General of the United States shall conduct
an audit and an investigation of the treatment, handling, and
uses of all funds for the bilateral West Bank and Gaza Program,
including all funds provided as cash transfer assistance, in
fiscal year 2012 under the heading ``Economic Support Fund'',
and such audit shall address--
(1) the extent to which such Program complies with
the requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including
both obligations and expenditures.
(f) Funds made available in this Act for West Bank and Gaza
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(g) Not later than 180 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees
on Appropriations updating the report contained in section 2106
of chapter 2 of title II of Public Law 109-13.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961 may be
obligated or expended with respect to providing funds to the
Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives, the President pro
tempore of the Senate, and the Committees on Appropriations
that waiving such prohibition is important to the national
security interests of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
justification for the waiver, the purposes for which the funds
will be spent, and the accounting procedures in place to ensure
that the funds are properly disbursed: Provided, That the
report shall also detail the steps the Palestinian Authority
has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver
authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior to
the obligation of funds that the Palestinian Authority has
established a single treasury account for all Palestinian
Authority financing and all financing mechanisms flow through
this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a
single comprehensive civil service roster and payroll.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III
through VI of this Act may be obligated for salaries of
personnel of the Palestinian Authority located in Gaza
or may be obligated or expended for assistance to Hamas
or any entity effectively controlled by Hamas, any
power-sharing government of which Hamas is a member, or
that results from an agreement with Hamas and over
which Hamas exercises undue influence.
(2) Notwithstanding the limitation of subsection
(1), assistance may be provided to a power-sharing
government only if the President certifies and reports
to the Committees on Appropriations that such
government, including all of its ministers or such
equivalent, has publicly accepted and is complying with
the principles contained in section 620K(b)(1)(A) and
(B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in
section 620K(e) of the Foreign Assistance Act as added
by the Palestinian Anti-Terrorism Act of 2006 (Public
Law 109-446) with respect to this subsection.
(4) Whenever the certification pursuant to
paragraph (2) is exercised, the Secretary of State
shall submit a report to the Committees on
Appropriations within 120 days of the certification and
every quarter thereafter on whether such government,
including all of its ministers or such equivalent are
continuing to comply with the principles contained in
section 620K(b)(1)(A) and (B) of the Foreign Assistance
Act of 1961, as amended: Provided, That the report
shall also detail the amount, purposes and delivery
mechanisms for any assistance provided pursuant to the
abovementioned certification and a full accounting of
any direct support of such government.
(5) None of the funds appropriated under titles III
through VI of this Act may be obligated for assistance
for the Palestine Liberation Organization.
near east
Sec. 7041. (a) Egypt.--
(1)(A) None of the funds appropriated under titles
III and IV of this Act and in prior Acts making
appropriations for the Department of State, foreign
operations, and related programs may be made available
for assistance for the central Government of Egypt
unless the Secretary of State certifies to the
Committees on Appropriations that such government is
meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(B) Prior to the obligation of funds appropriated
by this Act under the heading ``Foreign Military
Financing Program'', the Secretary of State shall
certify to the Committees on Appropriations that the
Government of Egypt is supporting the transition to
civilian government including holding free and fair
elections; implementing policies to protect freedom of
expression, association, and religion, and due process
of law.
(C) The Secretary of State may waive the
requirements of paragraphs (A) and (B) if the Secretary
determines and reports to the Committees on
Appropriations that to do so is in the national
security interest of the United States: Provided, That
such determination and report shall include a detailed
justification for such waiver.
(2) The Secretary of State shall consult with the
Committees on Appropriations prior to the transfer of
funds appropriated by this Act under the heading
``Foreign Military Financing Program'' to an interest-
bearing account for Egypt.
(3) Funds appropriated under the heading ``Economic
Support Fund'' in this Act and prior Acts (including
previously obligated funds), may be made available,
notwithstanding any other provision of law, for an
Egypt initiative, particularly for the specific costs
referred to in the authorities referenced herein, for
the purpose of improving the lives of the Egyptian
people through education, investment in jobs and skills
(including secondary and vocational education), and
access to finance for small and medium enterprises with
emphasis on expanding opportunities for women, as well
as other appropriate market-reform and economic growth
activities: Provided, That the provisions of title VI
of Public Law 103-306 pertaining to funds for Jordan
shall be deemed to apply to any such initiative and to
funds available under this section to carry out such an
initiative in the same manner as such cited provisions
apply to Jordan, subject to the following provisos:
Provided further, That subparagraph (b)(2) shall be
deemed not to apply and the amount made available
pursuant to this section as set forth in the joint
explanatory statement accompanying this Act and
incorporated herein shall be deemed to apply in lieu of
the figure in subparagraph (b)(1): Provided further,
That the authority to reduce debt shall include
authority to exchange an outstanding obligation for a
new obligation and to permit both principal and
interest payments on new obligations to be deposited
into a fund established for such purpose, to be used in
accordance with purposes set forth in an agreement
between the United States and Egypt: Provided further,
That the authority of this paragraph shall only be made
available after the Secretary of State certifies to the
Committees on Appropriations that the Government of
Egypt is implementing economic development policies
consistent with the objectives of such initiative:
Provided further, That funds made available for such
initiative shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b) Enterprise Funds.--Up to $60,000,000 of funds
appropriated under the heading ``Economic Support Fund'' in
this Act and prior acts making appropriations for the
Department of State, foreign operations, and related programs
(and including previously obligated funds), that are available
for assistance for Egypt, up to $20,000,000 of such funds that
are available for assistance for Tunisia, and up to $60,000,000
of such funds that are available for assistance for Jordan,
respectively, may be made available notwithstanding any other
provision of law, to establish and operate one or more
enterprise funds for Egypt, Tunisia, and Jordan, respectively:
Provided, That provisions contained in section 201 of the
Support for East European Democracy (SEED) Act of 1989
(excluding the provisions of subsections (b), (c), (d)(3), and
(f) of that section), shall be deemed to apply to any such fund
or funds, and to funds made available to such fund or funds, in
order to enable such fund or funds to provide assistance for
purposes of this section: Provided further, That section 7077
of division F of Public Law 111-117 shall apply to any such
fund or funds established pursuant to this subsection:
Provided further, That not more than 5 percent of the funds
made available pursuant to this subsection should be available
for administrative expenses of such fund or funds and not later
than 1 year after the date of enactment of this Act, and
annually thereafter until each fund is dissolved, each fund
shall submit to the Committees on Appropriations a report
detailing the administrative expenses of such fund: Provided
further, That each fund shall be governed by a Board of
Directors comprised of six private United States citizens and
three private citizens of each country, respectively, who have
had international business careers and demonstrated expertise
in international and emerging markets investment activities:
Provided further, That not later than 1 year after the entry
into force of the initial grant agreement under this section
and annually thereafter, each fund shall prepare and make
available to the public on an Internet Web site administered by
the fund a detailed report on the fund's activities during the
previous year: Provided further, That the authority of any
such fund or funds to provide assistance shall cease to be
effective on December 31, 2022: Provided further, That funds
made available pursuant to this section shall be subject to
prior consultation with the Committees on Appropriations.
(c) Iran.--
(1) It is the policy of the United States to seek
to prevent Iran from achieving the capability to
produce or otherwise manufacture nuclear weapons,
including by supporting international diplomatic
efforts to halt Iran's uranium enrichment program, and
the President should fully implement and enforce the
Iran Sanctions Act of 1996, as amended (Public Law 104-
172) as a means of encouraging foreign governments to
require state-owned and private entities to cease all
investment in, and support of, Iran's energy sector and
all exports of refined petroleum products to Iran.
(2) None of the funds appropriated or otherwise
made available in this Act under the heading ``Export-
Import Bank of the United States'' may be used by the
Export-Import Bank of the United States to provide any
new financing (including loans, guarantees, other
credits, insurance, and reinsurance) to any person that
is subject to sanctions under paragraph (2) or (3) of
section 5(a) of the Iran Sanctions Act of 1996 (Public
Law 104-172).
(3) The reporting requirements in section 7043(c)
in division F of Public Law 111-117 shall continue in
effect during fiscal year 2012 as if part of this Act:
Provided, That the date in subsection (c)(1) shall be
deemed to be ``September 30, 2012''.
(d) Iraq.--
(1) Funds appropriated or otherwise made available
by this Act for assistance for Iraq shall be made
available in a manner that utilizes Iraqi entities to
the maximum extent practicable, and in accordance with
the cost-matching and other requirements in the
Department of State's April 9, 2009 ``Guidelines for
Government of Iraq Financial Participation in United
States Government-Funded Civilian Foreign Assistance
Programs and Projects''.
(2) None of the funds appropriated or otherwise
made available by this Act may be used by the
Government of the United States to enter into a
permanent basing rights agreement between the United
States and Iraq.
(3) Funds appropriated by this Act under titles III
and VI for assistance for Iraq may be made available
notwithstanding any other provision of law, except for
this subsection and section 620M of the Foreign
Assistance Act of 1961, as amended by this Act.
(4) Funds appropriated by this Act for assistance
for Iraq under the heading ``Economic Support Fund''
shall be made available for programs and activities for
which policy justifications and decisions shall be the
responsibility of the United States Chief of Mission in
Iraq.
(5)(A) Of the funds appropriated under the heading
``Diplomatic and Consular Programs'' in title VIII of
this Act that are made available for security and
provincial operations for the Department of State in
Iraq, 15 percent shall be withheld from obligation
until the Secretary of State submits a report to the
Committees on Appropriations detailing--
(i) an assessment of the security
environment in Iraq with respect to facilities
and personnel, and the anticipated impact of
the withdrawal of United States Armed Forces in
Iraq on such environment, on a facility-by-
facility basis;
(ii) an assessment of the security
requirements at each facility, and the
estimated cost of sustaining such requirements
over the next 3 fiscal years;
(iii) the types of military equipment to be
used to meet the security requirements at each
facility;
(iv) the number of United States Government
personnel anticipated at each facility, a
general description of the duties of such
personnel, and the number and cost of
contractors anticipated at each facility
required for operational and other support; and
(v) a description of contingency plans,
including evacuation, at each facility for
United States Government personnel and
contractors.
(B) The report required by this paragraph may be
submitted in classified form, if necessary.
(e) Lebanon.--
(1) None of the funds appropriated by this Act may
be made available for the Lebanese Armed Forces (LAF)
if the LAF is controlled by a foreign terrorist
organization, as defined by section 219 of the
Immigration and Nationality Act.
(2) Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' for
assistance for Lebanon may be made available only to
professionalize the LAF and to strengthen border
security and combat terrorism, including training and
equipping the LAF to secure Lebanon's borders,
interdicting arms shipments, preventing the use of
Lebanon as a safe haven for terrorist groups, and to
implement United Nations Security Council Resolution
1701: Provided, That funds may not be made available
for obligation until the Secretary of State submits a
detailed spend plan to the Committees on
Appropriations, except such plan may not be considered
as meeting the notification requirements under section
7015 of this Act or under section 634A of the Foreign
Assistance Act of 1961, and shall be submitted not
later than September 1, 2012: Provided further, That
the Secretary of State shall regularly consult with the
Committees on Appropriations on the activities of the
LAF and assistance provided by the United States:
Provided further, That not later than 90 days after
enactment of this Act, the Secretary of State shall
submit a report to the Committees on Appropriations
detailing the actions taken to ensure that equipment
provided to the LAF is used for intended purposes.
(3) Funds appropriated by this Act under titles III
and VI for assistance for Lebanon may be made available
notwithstanding any other provision of law, except for
this subsection and section 620M of the Foreign
Assistance Act of 1961, as amended by this Act.
(f) Libya.--Of the funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs, up to $20,000,000 should be
made available to promote democracy, transparent and
accountable governance, human rights, transitional justice, and
the rule of law in Libya, and for exchange programs between
Libyan and American students and professionals: Provided, That
such funds shall be made available, to the maximum extent
practicable, on a cost matching basis: Provided further, That
none of the funds appropriated by this Act may be made
available for assistance for Libya for infrastructure projects,
except on a loan basis with terms favorable to the United
States, and only following consultation with the Committees on
Appropriations.
(g) Morocco.--Prior to the obligation of funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' for assistance for Morocco, the Secretary of State
shall submit a report to the Committees on Appropriations on
steps being taken by the Government of Morocco to--
(1) respect the right of individuals to peacefully
express their opinions regarding the status and future
of the Western Sahara and to document violations of
human rights; and
(2) provide unimpeded access to human rights
organizations, journalists, and representatives of
foreign governments to the Western Sahara.
(h) Syria.--Funds appropriated by this Act shall be made
available to promote democracy and protect human rights in
Syria, a portion of which should be programmed in consultation
with governments in the region, as appropriate.
(i) Yemen.--None of the funds appropriated by this Act may
be made available for the Armed Forces of Yemen if such forces
are controlled by a foreign terrorist organization, as defined
by section 219 of the Immigration and Nationality Act.
serbia
Sec. 7042. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Serbia
after May 31, 2012, if the Secretary of State has submitted the
report required in subsection (c).
(b) After May 31, 2012, the Secretary of the Treasury
should instruct the United States executive directors of the
international financial institutions to support loans and
assistance to the Government of Serbia subject to the condition
in subsection (c).
(c) The report referred to in subsection (a) is a report by
the Secretary of State to the Committees on Appropriations that
the Government of Serbia is cooperating with the International
Criminal Tribunal for the former Yugoslavia, including
apprehending and transferring indictees and providing
investigators access to witnesses, documents, and other
information.
(d) This section shall not apply to humanitarian assistance
or assistance to promote democracy.
africa
Sec. 7043. (a) Conflict Minerals.--
(1) Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' may be
made available for assistance for Rwanda or Uganda
unless the Secretary of State has credible information
that the Government of Rwanda or the Government of
Uganda is providing political, military or financial
support to armed groups in the Democratic Republic of
the Congo (DRC) that are involved in the illegal
exportation of minerals out of the DRC or have violated
human rights.
(2) The restriction in paragraph (1) shall not
apply to assistance to improve border controls to
prevent the illegal exportation of minerals out of the
DRC by such groups, to protect humanitarian relief
efforts, or to support the training and deployment of
members of the Rwandan or Ugandan militaries in
international peacekeeping operations or to conduct
operations against the Lord's Resistance Army.
(b) Counterterrorism Programs.--Of the funds appropriated
by this Act, not less than $52,800,000 should be made available
for the Trans-Sahara Counter-terrorism Partnership program, and
not less than $21,300,000 should be made available for the
Partnership for Regional East Africa Counterterrorism program.
(c) Crisis Response.--Notwithstanding any other provision
of law, up to $10,000,000 of the funds appropriated by this Act
under the heading ``Global Health Programs'' for HIV/AIDS
activities may be transferred to, and merged with, funds
appropriated under the headings ``Economic Support Fund'' and
``Transition Initiatives'' to respond to unanticipated crises
in Africa, except that funds shall not be transferred unless
the Secretary of State certifies to the Committees on
Appropriations that no individual currently on anti-retroviral
therapy supported by such funds shall be negatively impacted by
the transfer of such funds: Provided, That the authority of
this subsection shall be subject to prior consultation with the
Committees on Appropriations.
(d) Expanded International Military Education and
Training.--
(1) Funds appropriated under the heading
``International Military Education and Training''
(IMET) in this Act that are made available for
assistance for Angola, Cameroon, Central African
Republic, Chad, Cote d'Ivoire, Guinea and Zimbabwe may
be made available only for training related to
international peacekeeping operations and expanded
IMET: Provided, That the limitation included in this
paragraph shall not apply to courses that support
training in maritime security for Angola and Cameroon.
(2) None of the funds appropriated under the
heading ``International Military Education and
Training'' in this Act may be made available for
assistance for Equatorial Guinea or Somalia.
(e) Ethiopia.--
(1) Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' that are
available for assistance for Ethiopia shall not be made
available unless the Secretary of State--
(A) certifies to the Committees on
Appropriations that the Government of Ethiopia
is implementing policies to respect due process
and freedoms of expression and association, and
is permitting access to human rights and
humanitarian organizations to the Somalia
region of Ethiopia; and
(B) submits a report to the Committees on
Appropriations on the types and amounts of
United States training and equipment proposed
to be provided to the Ethiopian military
including steps that will be taken to ensure
that such assistance is not provided to
military units or personnel that have violated
human rights, and steps taken by the Government
of Ethiopia to investigate and prosecute
members of the Ethiopian military who have been
credibly alleged to have violated such rights.
(2) The restriction in paragraph (1) shall not
apply to assistance to Ethiopian military efforts in
support of international peacekeeping operations,
counterterrorism operations along the border with
Somalia, and for assistance to the Ethiopian Defense
Command and Staff College.
(f) Sudan Limitation on Assistance.--
(1) Notwithstanding any other provision of law,
none of the funds appropriated by this Act may be made
available for assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may
be made available for the cost, as defined in section
502 of the Congressional Budget Act of 1974, of
modifying loans and loan guarantees held by the
Government of Sudan, including the cost of selling,
reducing, or canceling amounts owed to the United
States, and modifying concessional loans, guarantees,
and credit agreements.
(3) The limitations of paragraphs (1) and (2) shall
not apply to--
(A) humanitarian assistance;
(B) assistance for the Darfur region,
Southern Kordofan/Nuba Mountains State, Blue
Nile State, other marginalized areas and
populations in Sudan, and Abyei; and
(C) assistance to support implementation of
the Comprehensive Peace Agreement (CPA), mutual
arrangements related to post-referendum issues
associated with the CPA, or to promote peace
and stability between Sudan and South Sudan, or
any other internationally recognized viable
peace agreement in Sudan.
(g) South Sudan.--
(1) Funds appropriated by this Act should be made
available for assistance for South Sudan including to
increase agricultural productivity, expand educational
opportunities especially for girls, strengthen
democratic institutions and the rule of law, and
enhance the capacity of the Federal Legislative
Assembly to conduct oversight over government revenues
and expenditures.
(2) Not less than 15 days prior to the obligation
of funds appropriated by this Act that are available
for assistance for the Government of South Sudan, the
Secretary of State shall submit a report to the
Committees on Appropriations detailing the extent to
which the Government of South Sudan is--
(A) supporting freedom of expression, the
establishment of democratic institutions
including an independent judiciary, parliament,
and security forces that are accountable to
civilian authority; and
(B) investigating and punishing members of
security forces who have violated human rights.
(3) The Secretary of State shall seek to obtain
regular audits of the financial accounts of the
Government of South Sudan to ensure transparency and
accountability of funds, including revenues from the
extraction of oil and gas, and the timely, public
disclosure of such audits: Provided, That the
Secretary should assist the Government of South Sudan
in conducting such audits, and by providing technical
assistance to enhance the capacity of the National
Auditor Chamber to carry out its responsibilities, and
shall submit a report not later than 90 days after
enactment of this Act to the Committees on
Appropriations detailing the steps that will be taken
by the Government of South Sudan, which are additional
to those taken in the previous fiscal year, to improve
resource management and ensure transparency and
accountability of funds.
(h) Uganda.--Funds appropriated by this Act should be made
available for programs and activities in areas affected by the
Lord's Resistance Army.
(i) War Crimes in Africa.--
(1) The Congress reaffirms its support for the
efforts of the International Criminal Tribunal for
Rwanda (ICTR) and the Special Court for Sierra Leone
(SCSL) to bring to justice individuals responsible for
war crimes and crimes against humanity in a timely
manner.
(2) Funds appropriated by this Act may be made
available for assistance for the central government of
a country in which individuals indicted by the ICTR and
the SCSL are credibly alleged to be living, if the
Secretary of State determines and reports to the
Committees on Appropriations that such government is
cooperating with the ICTR and the SCSL, including the
apprehension, surrender, and transfer of indictees in a
timely manner: Provided, That this subsection shall
not apply to assistance provided under section 551 of
the Foreign Assistance Act of 1961 or to project
assistance under title VI of this Act: Provided
further, That the United States shall use its voice and
vote in the United Nations Security Council to fully
support efforts by the ICTR and the SCSL to bring to
justice individuals indicted by such tribunals in a
timely manner.
(3) The prohibition in paragraph (2) may be waived
on a country-by-country basis if the President
determines that doing so is in the national security
interest of the United States: Provided, That prior to
exercising such waiver authority, the President shall
submit a report to the Committees on Appropriations, in
classified form if necessary, on--
(A) the steps being taken to obtain the
cooperation of the government in apprehending
and surrendering the indictee in question to
the court of jurisdiction;
(B) a strategy, including a timeline, for
bringing the indictee before such court; and
(C) the justification for exercising the
waiver authority.
(j) Zimbabwe.--
(1) The Secretary of the Treasury shall instruct
the United States executive director of each
international financial institution to vote against any
extension by the respective institution of any loans or
grants to the Government of Zimbabwe, except to meet
basic human needs or to promote democracy, unless the
Secretary of State determines and reports in writing to
the Committees on Appropriations that the rule of law
has been restored in Zimbabwe, including respect for
ownership and title to property, freedom of speech and
association.
(2) None of the funds appropriated by this Act
shall be made available for assistance for the central
Government of Zimbabwe, except for health, education,
and macroeconomic growth assistance, unless the
Secretary of State makes the determination required in
paragraph (1).
asia
Sec. 7044. (a) Tibet.--
(1) The Secretary of the Treasury should instruct
the United States executive director of each
international financial institution to use the voice
and vote of the United States to support projects in
Tibet if such projects do not provide incentives for
the migration and settlement of non-Tibetans into Tibet
or facilitate the transfer of ownership of Tibetan land
and natural resources to non-Tibetans; are based on a
thorough needs-assessment; foster self-sufficiency of
the Tibetan people and respect Tibetan culture and
traditions; and are subject to effective monitoring.
(2) Notwithstanding any other provision of law,
funds appropriated by this Act under the heading
``Economic Support Fund'' shall be made available to
nongovernmental organizations to support activities
which preserve cultural traditions and promote
sustainable development and environmental conservation
in Tibetan communities in the Tibetan Autonomous Region
and in other Tibetan communities in China.
(b) Burma.--
(1) The Secretary of the Treasury shall instruct
the United States executive directors of the
appropriate international financial institutions to
vote against any loan, agreement, or other financial
support for Burma.
(2) Funds appropriated by this Act under the
heading ``Economic Support Fund'' may be made available
for assistance for Burma notwithstanding any other
provision of law, except no such funds shall be made
available to the State Peace and Development Council,
or its successor, and its affiliated organizations:
Provided, That such funds shall be made available for
programs along Burma's borders and for Burmese groups
and organizations located outside Burma, and may be
made available to support programs in Burma: Provided
further, That in addition to assistance for Burmese
refugees appropriated under the heading ``Migration and
Refugee Assistance'' in this Act, funds shall be made
available for community-based organizations operating
in Thailand to provide food, medical, and other
humanitarian assistance to internally displaced persons
in eastern Burma: Provided further, That any new
program or activity initiated with funds made available
by this Act shall be subject to prior consultation with
the Committees on Appropriations, and all such funds
shall be subject to the regular notification procedures
of the Committees on Appropriations.
(c) Cambodia.--Funds made available in this Act for a
United States contribution to a Khmer Rouge tribunal may only
be made available if the Secretary of State certifies to the
Committees on Appropriations that the United Nations and the
Government of Cambodia are taking credible steps to address
allegations of corruption and mismanagement within the
tribunal.
(d) Indonesia.--Of the funds appropriated by this Act under
the heading ``Foreign Military Financing Program'' that are
available for assistance for Indonesia, $2,000,000 may not be
obligated until the Secretary of State submits to the
Committees on Appropriations the report on Indonesia required
under such heading in Senate Report 112-85.
(e) North Korea.--None of the funds made available by this
Act under the heading ``Economic Support Fund'' may be made
available for energy-related assistance for North Korea.
(f) People's Republic of China.--
(1) None of the funds appropriated under the
heading ``Diplomatic and Consular Programs'' in this
Act may be obligated or expended for processing
licenses for the export of satellites of United States
origin (including commercial satellites and satellite
components) to the People's Republic of China unless,
at least 15 days in advance, the Committees on
Appropriations are notified of such proposed action.
(2) The terms and requirements of section 620(h) of
the Foreign Assistance Act of 1961 shall apply to
foreign assistance projects or activities of the
People's Liberation Army (PLA) of the People's Republic
of China, to include such projects or activities by any
entity that is owned or controlled by, or an affiliate
of, the PLA: Provided, That none of the funds
appropriated or otherwise made available pursuant to
this Act may be used to finance any grant, contract, or
cooperative agreement with the PLA, or any entity that
the Secretary of State has reason to believe is owned
or controlled by, or an affiliate of, the PLA.
(g) Philippines.--Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'' that
are available for assistance for the Philippines, $3,000,000
may not be obligated until the Secretary of State submits to
the Committees on Appropriations the report on the Philippines
required under such heading in Senate Report 112-85.
(h) Vietnam.--Funds appropriated under the heading
``Economic Support Fund'' shall be made available for
remediation of dioxin contaminated sites in Vietnam and may be
made available for assistance for the Government of Vietnam,
including the military, for such purposes, and funds under the
heading ``Development Assistance'' shall be made available for
related health/disability activities.
western hemisphere
Sec. 7045. (a) Colombia.--
(1) Funds appropriated by this Act and made
available to the Department of State for assistance to
the Government of Colombia may be used to support a
unified campaign against narcotics trafficking, illegal
armed groups, and organizations designated as Foreign
Terrorist Organizations and successor organizations,
and to take actions to protect human health and welfare
in emergency circumstances, including undertaking
rescue operations: Provided, That no United States
Armed Forces personnel or United States civilian
contractor employed by the United States will
participate in any combat operation in connection with
assistance made available by this Act for Colombia:
Provided further, That rotary and fixed wing aircraft
supported with funds appropriated under the heading
``International Narcotics Control and Law Enforcement''
for assistance for Colombia may be used for aerial or
manual drug eradication and interdiction including to
transport personnel and supplies and to provide
security for such operations: Provided further, That
such aircraft may also be used to provide transport in
support of alternative development programs and
investigations by civilian judicial authorities:
Provided further, That the President shall ensure that
if any helicopter procured with funds in this Act or
prior Acts making appropriations for the Department of
State, foreign operations, and related programs, is
used to aid or abet the operations of any illegal self-
defense group, paramilitary organization, or other
illegal armed group in Colombia, such helicopter shall
be immediately returned to the United States: Provided
further, That none of the funds appropriated by this
Act or prior Acts making appropriations for the
Department of State, foreign operations, and related
programs may be made available for assistance for the
Colombian Departamento Administrativo de Seguridad or
successor organizations: Provided further, That none
of the funds appropriated by this Act for assistance
for Colombia shall be made available for the
cultivation or processing of African oil palm, if doing
so would contribute to significant loss of native
species, disrupt or contaminate natural water sources,
reduce local food security, or cause the forced
displacement of local people: Provided further, That
any complaints of harm to health or licit crops caused
by aerial eradication shall be thoroughly investigated
and evaluated, and fair compensation paid in a timely
manner for meritorious claims: Provided further, That
funds may not be made available for aerial eradication
unless programs are being implemented by the United
States Agency for International Development, the
Government of Colombia, or other organizations, in
consultation and coordination with local communities,
to provide alternative sources of income in areas where
security permits for small-acreage growers and
communities whose illicit crops are targeted for aerial
eradication: Provided further, That funds appropriated
by this Act may not be used for aerial eradication in
Colombia's national parks or reserves unless the
Secretary of State certifies to the Committees on
Appropriations that there are no effective alternatives
and the eradication is in accordance with Colombian
laws.
(2) Colombian armed forces.--Of the funds
appropriated by this Act that are available for
assistance for the Colombian Armed Forces, 25 percent
may be obligated only after the Secretary of State
consults with, and subsequently certifies and submits a
report to, the Committees on Appropriations that the
Government of Colombia and Colombian Armed Forces are
meeting the conditions that appear under this section
in the joint explanatory statement accompanying this
Act: Provided, That the requirement to withhold funds
from obligation shall not apply with respect to funds
made available under the heading ``International
Narcotics Control and Law Enforcement'' in this Act for
continued support for the Critical Flight Safety
Program or for any alternative development programs in
Colombia administered by the Bureau of International
Narcotics and Law Enforcement Affairs of the Department
of State: Provided further, That not less than 30 days
prior to making the certification the Secretary of
State shall consult with Colombian and international
human rights organizations.
(3) Illegal armed groups.--
(A) Denial of visas.--Subject to paragraph
(B), the Secretary of State shall not issue a
visa to any alien who the Secretary determines,
based on credible information--
(i) has willfully provided any
support to or benefitted from the
Revolutionary Armed Forces of Colombia
(FARC), the National Liberation Army
(ELN), the United Self-Defense Forces
of Colombia (AUC), or other illegal
armed groups, including taking actions
or failing to take actions which allow,
facilitate, or otherwise foster the
activities of such groups; or
(ii) has committed, ordered,
incited, assisted, or otherwise
participated in the commission of a
violation of human rights in Colombia.
(B) Waiver.--Paragraph (A) shall not apply
if the Secretary of State certifies to the
Committees on Appropriations, on a case-by-case
basis, that the issuance of a visa to the alien
is necessary to support the peace process in
Colombia or for urgent humanitarian reasons.
(b) Guatemala.--Funds appropriated by this Act under the
headings ``International Military Education and Training''
(IMET) and ``Foreign Military Financing Program'' that are
available for assistance for Guatemala may be made available
only for the Guatemalan Air Force, Navy, and Army Corps of
Engineers: Provided, That expanded IMET may be made available
for assistance for the Guatemalan Army.
(c) Haiti.--The Government of Haiti shall be eligible to
purchase defense articles and services under the Arms Export
Control Act (22 U.S.C. 2751 et seq.) for the Coast Guard.
(d) Honduras.--Prior to the obligation of 20 percent of the
funds appropriated by this Act that are available for
assistance for Honduran military and police forces, the
Secretary of State shall report in writing to the Committees on
Appropriations that: the Government of Honduras is implementing
policies to protect freedom of expression and association, and
due process of law; and is investigating and prosecuting in the
civilian justice system, in accordance with Honduran and
international law, military and police personnel who are
credibly alleged to have violated human rights, and the
Honduran military and police are cooperating with civilian
judicial authorities in such cases: Provided, That the
restriction in this subsection shall not apply to assistance to
promote transparency, anti-corruption and the rule of law
within the military and police forces.
(e) Mexico.--Prior to the obligation of 15 percent of the
funds appropriated by this Act that are available for
assistance for Mexican military and police forces, the
Secretary of State shall report in writing to the Committees on
Appropriations that: the Government of Mexico is investigating
and prosecuting in the civilian justice system, in accordance
with Mexican and international law, military and police
personnel who are credibly alleged to have violated human
rights; is enforcing prohibitions on the use of testimony
obtained through torture; and the Mexican military and police
are cooperating with civilian judicial authorities in such
cases: Provided, That the restriction in this subsection shall
not apply to assistance to promote transparency, anti-
corruption and the rule of law within the military and police
forces.
(f) Trade Capacity.--Of the funds appropriated by this Act,
not less than $10,000,000 under the heading ``Development
Assistance'' and not less than $10,000,000 under the heading
``Economic Support Fund'' shall be made available for labor and
environmental capacity building activities relating to free
trade agreements with countries of Central America, Peru and
the Dominican Republic.
(g) Aircraft Operations and Maintenance.--To the maximum
extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act should be borne
by the recipient country.
south asia
Sec. 7046. (a) Afghanistan.--
(1) Limitation.--None of the funds appropriated or
otherwise made available by this Act under the headings
``Economic Support Fund'' and ``International Narcotics
Control and Law Enforcement'' may be obligated for
assistance for the Government of Afghanistan until the
Secretary of State, in consultation with the
Administrator of the United States Agency for
International Development (USAID), certifies to the
Committees on Appropriations that--
(A) The funds will be used to design and
support programs in accordance with the June
2011 ``Administrator's Sustainability Guidance
for USAID in Afghanistan''.
(B) The Government of Afghanistan is--
(i) reducing corruption and
improving governance, including by
investigating, prosecuting, sanctioning
or removing corrupt officials from
office and implementing financial
transparency and accountability
measures for government institutions
and officials (including the Central
Bank) as well as conducting oversight
of public resources;
(ii) taking credible steps to
protect the human rights of Afghan
women; and
(iii) taking significant steps to
facilitate active public participation
in governance and oversight.
(C) Funds will be used to support and
strengthen the capacity of Afghan public and
private institutions and entities to reduce
corruption and to improve transparency and
accountability of national, provincial and
local governments.
(D) Representatives of Afghan national,
provincial or local governments, and local
communities and civil society organizations,
including women-led organizations, will be
consulted and participate in the design of
programs, projects, and activities, including
participation in implementation and oversight,
and the development of specific benchmarks to
measure progress and outcomes.
(2) Assistance and operations.--
(A) Funds appropriated or otherwise made
available by this Act for assistance for
Afghanistan may be made available as a United
States contribution to the Afghanistan
Reconstruction Trust Fund (ARTF) unless the
Secretary of State determines and reports to
the Committees on Appropriations that the World
Bank Monitoring Agent of the ARTF is unable to
conduct its financial control and audit
responsibilities due to restrictions on
security personnel by the Government of
Afghanistan.
(B) Funds appropriated under the headings
``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'' in this
Act that are available for assistance for
Afghanistan--
(i) shall be made available, to the
maximum extent practicable, in a manner
that emphasizes the participation of
Afghan women, and directly improves the
security, economic and social well-
being, and political status, and
protects the rights of, Afghan women
and girls and complies with sections
7060 and 7061 of this Act, including
support for the Afghan Independent
Human Rights Commission, the Afghan
Ministry of Women's Affairs, and women-
led organizations;
(ii) may be made available for a
United States contribution to an
internationally managed fund to support
the reconciliation with and
disarmament, demobilization and
reintegration into Afghan society of
former combatants who have renounced
violence against the Government of
Afghanistan: Provided, That funds may
be made available to support
reconciliation and reintegration
activities only if:
(I) Afghan women are
participating at national,
provincial and local levels of
government in the design,
policy formulation and
implementation of the
reconciliation or reintegration
process, and such process
upholds steps taken by the
Government of Afghanistan to
protect the human rights of
Afghan women; and
(II) such funds will not be
used to support any pardon or
immunity from prosecution, or
any position in the Government
of Afghanistan or security
forces, for any leader of an
armed group responsible for
crimes against humanity, war
crimes, or acts of terrorism;
and
(iii) may be made available for a
United States contribution to the North
Atlantic Treaty Organization/
International Security Assistance Force
Post-Operations Humanitarian Relief
Fund.
(C) The authority contained in section
1102(c) of Public Law 111-32 shall continue in
effect during fiscal year 2012 and shall apply
as if part of this Act.
(D)(i) Of the funds appropriated by this
Act that are made available for assistance for
Afghanistan, not less than $50,000,000 shall be
made available for rule of law programs:
Provided, That decisions on the uses of such
funds shall be the responsibility of the
Coordinator for Rule of Law, in consultation
with the Interagency Planning and
Implementation Team, at the United States
Embassy in Kabul, Afghanistan: Provided
further, That $250,000 of such funds shall be
transferred to, and merged with, funds
appropriated under the heading ``Office of
Inspector General'' in title I of this Act for
oversight of such programs and activities.
(ii) The Coordinator for Rule of Law at the
United States Embassy in Kabul, Afghanistan
shall be consulted on the use of all funds
appropriated by this Act for rule of law
programs in Afghanistan.
(E) None of the funds made available by
this Act may be used by the United States
Government to enter into a permanent basing
rights agreement between the United States and
Afghanistan.
(F) Any significant modification to the
scope, objectives or implementation mechanisms
of United States assistance programs in
Afghanistan shall be subject to prior
consultation with, and the regular notification
procedures of, the Committees on
Appropriations, except that the prior
consultation requirement may be waived in a
manner consistent with section 7015(e) of this
Act.
(G) Not later than 90 days after enactment
of this Act, the Secretary of State shall
report to the Committees on Appropriations on
the International Monetary Fund (IMF) country
program for Afghanistan including actions
requested by the IMF and taken by the
Government of Afghanistan to address the Kabul
Bank crisis and restore confidence in
Afghanistan's banking sector.
(H) Funds appropriated under titles III
through VI of this Act that are made available
for assistance for Afghanistan may be made
available notwithstanding section 7012 of this
Act or any similar provision of law and section
660 of the Foreign Assistance Act of 1961.
(3) Oversight.--The Special Inspector General for
Afghanistan Reconstruction, the Inspector General of
the Department of State and the Inspector General of
USAID, shall jointly develop and submit to the
Committees on Appropriations within 45 days of
enactment of this Act a coordinated audit and
inspection plan of United States assistance for, and
civilian operations in, Afghanistan.
(b) Nepal.--
(1) Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' may be
made available for assistance for Nepal only if the
Secretary of State certifies to the Committees on
Appropriations that the Nepal Army is--
(A) cooperating fully with investigations
and prosecutions of violations of human rights
by civilian judicial authorities; and
(B) working constructively to redefine the
Nepal Army's mission and adjust its size
accordingly, implement reforms including
strengthening the capacity of the civilian
ministry of defense to improve budget
transparency and accountability, and facilitate
the integration of former rebel combatants into
the security forces including the Nepal Army,
consistent with the goals of reconciliation,
peace and stability.
(2) The conditions in paragraph (1) shall not apply
to assistance for humanitarian relief and
reconstruction activities in Nepal.
(c) Pakistan.--
(1) Certification.--
(A) None of the funds appropriated or
otherwise made available by this Act under the
headings ``Economic Support Fund'',
``International Narcotics Control and Law
Enforcement'', ``Foreign Military Financing
Program'', and ``Pakistan Counterinsurgency
Capability Fund'' for assistance for the
Government of Pakistan may be made available
unless the Secretary of State certifies to the
Committees on Appropriations that the
Government of Pakistan is--
(i) cooperating with the United
States in counterterrorism efforts
against the Haqqani Network, the Quetta
Shura Taliban, Lashkar e-Tayyiba,
Jaish-e-Mohammed, Al Qaeda and other
domestic and foreign terrorist
organizations, including taking steps
to end support for such groups and
prevent them from basing and operating
in Pakistan and carrying out cross
border attacks into neighboring
countries;
(ii) not supporting terrorist
activities against United States or
coalition forces in Afghanistan, and
Pakistan's military and intelligence
agencies are not intervening extra-
judicially into political and judicial
processes in Pakistan;
(iii) dismantling improvised
explosive device (IED) networks and
interdicting precursor chemicals used
in the manufacture of IEDs;
(iv) preventing the proliferation
of nuclear-related material and
expertise;
(v) issuing visas in a timely
manner for United States visitors
engaged in counterterrorism efforts and
assistance programs in Pakistan; and
(vi) providing humanitarian
organizations access to detainees,
internally displaced persons, and other
Pakistani civilians affected by the
conflict.
(B) The Secretary of State may waive the
requirements of paragraph (A) if to do so is in
the national security interests of the United
States.
(2) Assistance.--
(A) Funds appropriated by this Act under
the heading ``Foreign Military Financing
Program'' for assistance for Pakistan may be
made available only to support counterterrorism
and counterinsurgency capabilities in Pakistan,
and are subject to section 620M of the Foreign
Assistance Act of 1961, as amended by this Act.
(B) Funds appropriated by this Act under
the heading ``Economic Support Fund'' for
assistance for Pakistan should be made
available to interdict precursor materials from
Pakistan to Afghanistan that are used to
manufacture improvised explosive devices,
including calcium ammonium nitrate; to support
programs to train border and customs officials
in Pakistan and Afghanistan; and for
agricultural extension programs that encourage
alternative fertilizer use among Pakistani
farmers.
(C) Of the funds appropriated by this Act
under the heading ``Economic Support Fund'' for
assistance for Pakistan, $10,000,000 shall be
made available through the Bureau of Democracy,
Human Rights and Labor, Department of State,
for human rights and democracy programs in
Pakistan, including training of government
officials and security forces, and assistance
for human rights organizations and the
development of democratic political parties.
(D) Funds appropriated by this Act under
the heading ``Economic Support Fund'' for
assistance for Pakistan may be made available
for the Chief of Mission Fund, as authorized by
section 101(c)(5) of Public Law 111-73.
(E) Funds appropriated by this Act under
the heading ``Economic Support Fund'' that are
made available for assistance for
infrastructure projects in Pakistan shall be
implemented in a manner consistent with section
507(6) of the Trade Act of 1974 (19 U.S.C.
2467(6)).
(F) Funds appropriated by this Act under
titles III and VI for assistance for Pakistan
may be made available notwithstanding any other
provision of law, except for this subsection
and section 620M of the Foreign Assistance Act
of 1961, as amended by this Act.
(3) Reports.--
(A)(i) The spend plan required by section
7078 of this Act for assistance for Pakistan
shall include achievable and sustainable goals,
benchmarks for measuring progress, and expected
results regarding furthering development in
Pakistan, countering extremism, and
establishing conditions conducive to the rule
of law and transparent and accountable
governance: Provided, That such benchmarks may
incorporate those required in title III of
Public Law 111-73, as appropriate: Provided
further, That not later than 6 months after
submission of such spend plan, and each 6
months thereafter until September 30, 2013, the
Secretary of State shall submit a report to the
Committees on Appropriations on the status of
achieving the goals and benchmarks in the spend
plan.
(ii) The Secretary of State should suspend
assistance for the Government of Pakistan if
any report required by paragraph (A)(i)
indicates that Pakistan is failing to make
measurable progress in meeting these goals or
benchmarks.
(B) Not later than 90 days after enactment
of this Act, the Secretary of State shall
submit a report to the Committees on
Appropriations detailing the costs and
objectives associated with significant
infrastructure projects supported by the United
States in Pakistan, and an assessment of the
extent to which such projects achieve such
objectives.
(d) Sri Lanka.--
(1) None of the funds appropriated by this Act
under the heading ``Foreign Military Financing
Program'' may be made available for assistance for Sri
Lanka, no defense export license may be issued, and no
military equipment or technology shall be sold or
transferred to Sri Lanka pursuant to the authorities
contained in this Act or any other Act, unless the
Secretary of State certifies to the Committees on
Appropriations that the Government of Sri Lanka is--
(A) conducting credible, thorough
investigations of alleged war crimes and
violations of international humanitarian law by
government forces and the Liberation Tigers of
Tamil Eelam;
(B) bringing to justice individuals who
have been credibly alleged to have committed
such violations;
(C) supporting and cooperating with any
United Nations investigation of alleged war
crimes and violations of international
humanitarian law;
(D) respecting due process, the rights of
journalists, and the rights of citizens to
peaceful expression and association, including
ending arrest and detention under emergency
regulations;
(E) providing access to detainees by
humanitarian organizations; and
(F) implementing policies to promote
reconciliation and justice including devolution
of power.
(2) Paragraph (1) shall not apply to assistance for
humanitarian demining and aerial and maritime
surveillance.
(3) If the Secretary makes the certification
required in paragraph (1), funds appropriated under the
heading ``Foreign Military Financing Program'' that are
made available for assistance for Sri Lanka should be
used to support the recruitment and training of Tamils
into the Sri Lankan military, Tamil language training
for Sinhalese military personnel, and human rights
training for all military personnel.
(4) The Secretary of the Treasury shall instruct
the United States executive directors of the
international financial institutions to vote against
any loan, agreement, or other financial support for Sri
Lanka except to meet basic human needs, unless the
Secretary of State certifies to the Committees on
Appropriations that the Government of Sri Lanka is
meeting the requirements in paragraph (1)(D), (E), and
(F) of this subsection.
(e) Regional Cross Border Programs.--Funds appropriated by
this Act under the heading ``Economic Support Fund'' for
assistance for Afghanistan and Pakistan may be provided
notwithstanding any other provision of law that restricts
assistance to foreign countries for cross border stabilization
and development programs between Afghanistan and Pakistan or
between either country and the Central Asian republics.
prohibition of payments to united nations members
Sec. 7047. None of the funds appropriated or made
available pursuant to titles III through VI of this Act for
carrying out the Foreign Assistance Act of 1961, may be used to
pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by
this Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961, the costs for participation of another
country's delegation at international conferences held under
the auspices of multilateral or international organizations.
war crimes tribunals drawdown
Sec. 7048. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals or
commissions as the Council may establish or authorize to deal
with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of
any determinations otherwise required under section 552(c):
Provided further, That funds made available pursuant to this
section shall be made available subject to the regular
notification procedures of the Committees on Appropriations.
united nations
Sec. 7049. (a) Transparency and Accountability.--
(1) Of the funds appropriated under title I and
under the heading ``International Organizations and
Programs'' in title V of this Act that are available
for contributions to any United Nations agency or to
the Organization of American States, 15 percent shall
be withheld from obligation for such agency or
organization if the Secretary of State determines and
reports to the Committees on Appropriations that the
agency or organization is not taking steps to--
(A) publish on a publicly available Web
site, consistent with privacy regulations and
due process, regular financial and programmatic
audits of the agency or organization, and
provide the United States Government with
necessary access to such financial and
performance audits; and
(B) implement best practices for the
protection of whistleblowers from retaliation,
including best practices for legal burdens of
proof, access to independent adjudicative
bodies, results that eliminate the effects of
retaliation, and statutes of limitation for
reporting retaliation.
(2) The Secretary may waive the restriction in this
subsection if the Secretary determines and reports that
to do so is in the national interest of the United
States.
(b) Restrictions on United Nations Delegations and
Organizations.--
(1) None of the funds made available under title I
of this Act may be used to pay expenses for any United
States delegation to any specialized agency, body, or
commission of the United Nations if such commission is
chaired or presided over by a country, the government
of which the Secretary of State has determined, for
purposes of section 6(j)(1) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)),
supports international terrorism.
(2) None of the funds made available under title I
of this Act may be used by the Secretary of State as a
contribution to any organization, agency, or program
within the United Nations system if such organization,
agency, commission, or program is chaired or presided
over by a country, the government of which the
Secretary of State has determined, for purposes of
section 620A of the Foreign Assistance Act of 1961,
section 40 of the Arms Export Control Act, section
6(j)(1) of the Export Administration Act of 1979, or
any other provision of law, is a government that has
repeatedly provided support for acts of international
terrorism.
(3) The Secretary of State may waive the
restrictions in this subsection if the Secretary
determines and reports to the Committees on
Appropriations that to do so is in the national
interest of the United States.
(c) United Nations Human Rights Council.--Funds
appropriated by this Act may be made available for voluntary
contributions or payment of United States assessments in
support of the United Nations Human Rights Council if the
Secretary of State determines and reports to the Committees on
Appropriations that participation in the Council is in the
national interest of the United States: Provided, That the
Secretary of State shall report to the Committees on
Appropriations not later than 30 days after the date of
enactment of this Act, and every 180 days thereafter until
September 30, 2012, on the resolutions considered in the United
Nations Human Rights Council.
(d) United Nations Relief and Works Agency.--The reporting
requirements regarding the United Nations Relief and Works
Agency contained in the joint explanatory statement
accompanying the Supplemental Appropriations Act, 2009 (Public
Law 111-32, House Report 111-151) under the heading ``Migration
and Refugee Assistance'' in title XI shall apply to funds made
available by this Act under such heading.
(e) United Nations Capital Master Plan.--None of the funds
made available in this Act for the United Nations Capital
Master Plan may be used for the design, renovation, or
construction of the United Nations Headquarters in New York in
excess of the United States payment for the assessment agreed
upon pursuant to paragraph 10 of United Nations General
Assembly Resolution 61/251.
(f) Reporting Requirement.--Not later than 30 days after
enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriation detailing the amount
of funds available for obligation or expenditure in fiscal year
2012 under the headings ``Contributions to International
Organizations'' and ``International Organizations and
Programs'' that are withheld from obligation or expenditure due
to any provision of law: Provided, That the Secretary of State
shall update such report each time additional funds are
withheld by operation of any provision of law: Provided
further, That the reprogramming of any withheld funds
identified in such report, including updates thereof, shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
community-based police assistance
Sec. 7050. (a) Authority.--Funds made available by titles
III and IV of this Act to carry out the provisions of chapter 1
of part I and chapters 4 and 6 of part II of the Foreign
Assistance Act of 1961, may be used, notwithstanding section
660 of that Act, to enhance the effectiveness and
accountability of civilian police authority through training
and technical assistance in human rights, the rule of law,
anti-corruption, strategic planning, and through assistance to
foster civilian police roles that support democratic governance
including assistance for programs to prevent conflict, respond
to disasters, address gender-based violence, and foster
improved police relations with the communities they serve.
(b) Notification.--Assistance provided under subsection (a)
shall be subject to the regular notification procedures of the
Committees on Appropriations.
attendance at international conferences
Sec. 7051. None of the funds made available in this Act
may be used to send or otherwise pay for the attendance of more
than 50 employees of agencies or departments of the United
States Government who are stationed in the United States, at
any single international conference occurring outside the
United States, unless the Secretary of State reports to the
Committees on Appropriations at least 5 days in advance that
such attendance is important to the national interest:
Provided, That for purposes of this section the term
``international conference'' shall mean a conference attended
by representatives of the United States Government and of
foreign governments, international organizations, or
nongovernmental organizations.
aircraft transfer and coordination
Sec. 7052. (a) Transfer Authority.--Notwithstanding any
other provision of law or regulation, aircraft procured with
funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the headings ``Diplomatic and
Consular Programs'', ``International Narcotics Control and Law
Enforcement'', ``Andean Counterdrug Initiative'' and ``Andean
Counterdrug Programs'' may be used for any other program and in
any region, including for the transportation of active and
standby Civilian Response Corps personnel and equipment during
a deployment: Provided, That the responsibility for policy
decisions and justification for the use of such transfer
authority shall be the responsibility of the Secretary of State
and the Deputy Secretary of State and this responsibility shall
not be delegated.
(b) Property Disposal.--The authority provided in
subsection (a) shall apply only after the Secretary of State
determines and reports to the Committees on Appropriations that
the equipment is no longer required to meet programmatic
purposes in the designated country or region: Provided, That
any such transfer shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(c) Aircraft Coordination.--
(1) The uses of aircraft purchased or leased by the
Department of State and the United States Agency for
International Development (USAID) with funds made
available in this Act or prior Acts making
appropriations for the Department of State, foreign
operations, and related programs shall be coordinated
under the authority of the appropriate Chief of
Mission: Provided, That such aircraft may be used to
transport, on a reimbursable or non-reimbursable basis,
Federal and non-Federal personnel supporting Department
of State and USAID programs and activities: Provided
further, That official travel for other agencies for
other purposes may be supported on a reimbursable
basis, or without reimbursement when traveling on a
space available basis.
(2) The requirement and authorities of this
subsection shall only apply to aircraft, the primary
purpose of which is the transportation of personnel.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of
division F of Public Law 111-117 shall apply to this Act:
Provided, That the date ``September 30, 2009'' in subsection
(f)(2)(B) shall be deemed to be ``September 30, 2011''.
landmines and cluster munitions
Sec. 7054. (a) Landmines.--Notwithstanding any other
provision of law, demining equipment available to the United
States Agency for International Development and the Department
of State and used in support of the clearance of landmines and
unexploded ordnance for humanitarian purposes may be disposed
of on a grant basis in foreign countries, subject to such terms
and conditions as the Secretary of State may prescribe.
(b) Cluster Munitions.--No military assistance shall be
furnished for cluster munitions, no defense export license for
cluster munitions may be issued, and no cluster munitions or
cluster munitions technology shall be sold or transferred,
unless--
(1) the submunitions of the cluster munitions,
after arming, do not result in more than 1 percent
unexploded ordnance across the range of intended
operational environments; and
(2) the agreement applicable to the assistance,
transfer, or sale of such cluster munitions or cluster
munitions technology specifies that the cluster
munitions will only be used against clearly defined
military targets and will not be used where civilians
are known to be present or in areas normally inhabited
by civilians.
prohibition on publicity or propaganda
Sec. 7055. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the
enactment of this Act by the Congress: Provided, That not to
exceed $25,000 may be made available to carry out the
provisions of section 316 of Public Law 96-533.
limitation on residence expenses
Sec. 7056. Of the funds appropriated or made available
pursuant to title II of this Act, not to exceed $100,500 shall
be for official residence expenses of the United States Agency
for International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
united states agency for international development management
(including transfer of funds)
Sec. 7057. (a) Authority.--Up to $93,000,000 of the funds
made available in title III of this Act to carry out the
provisions of part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for
Europe, Eurasia and Central Asia'', may be used by the United
States Agency for International Development (USAID) to hire and
employ individuals in the United States and overseas on a
limited appointment basis pursuant to the authority of sections
308 and 309 of the Foreign Service Act of 1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal
year pursuant to the authority contained in subsection
(a) may not exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2013.
(c) Conditions.--The authority of subsection (a) should
only be used to the extent that an equivalent number of
positions that are filled by personal services contractors or
other non-direct hire employees of USAID, who are compensated
with funds appropriated to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under the
heading ``Assistance for Europe, Eurasia and Central Asia'',
are eliminated.
(d) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority of
this section shall be the account to which such individual's
responsibilities primarily relate: Provided, That funds made
available to carry out this section may be transferred to, and
merged with, funds appropriated by this Act in title II under
the heading ``Operating Expenses''.
(e) Foreign Service Limited Extensions.--Individuals hired
and employed by USAID, with funds made available in this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, pursuant to the
authority of section 309 of the Foreign Service Act of 1980,
may be extended for a period of up to 4 years notwithstanding
the limitation set forth in such section.
(f) Disaster Surge Capacity.--Funds appropriated under
title III of this Act to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under the
heading ``Assistance for Europe, Eurasia and Central Asia'',
may be used, in addition to funds otherwise available for such
purposes, for the cost (including the support costs) of
individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters, or man-made disasters subject to the regular
notification procedures of the Committees on Appropriations.
(g) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961, and
title II of the Agricultural Trade Development and Assistance
Act of 1954, may be used by USAID to employ up to 40 personal
services contractors in the United States, notwithstanding any
other provision of law, for the purpose of providing direct,
interim support for new or expanded overseas programs and
activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more than
15 of such contractors shall be assigned to any bureau or
office: Provided further, That such funds appropriated to
carry out title II of the Agricultural Trade Development and
Assistance Act of 1954, may be made available only for personal
services contractors assigned to the Office of Food for Peace.
(h) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, USAID may provide an exception to the fair opportunity
process for placing task orders under such contracts when the
order is placed with any category of small or small
disadvantaged business.
(i) Senior Foreign Service Limited Appointments.--
Individuals hired pursuant to the authority provided by section
7059(o) of division F of Public Law 111-117 may be assigned to
or support programs in Iraq, Afghanistan, or Pakistan with
funds made available in this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles
III and IV of this Act that are made available for bilateral
assistance for child survival activities or disease programs
including activities relating to research on, and the
prevention, treatment and control of, HIV/AIDS may be made
available notwithstanding any other provision of law except for
provisions under the heading ``Global Health Programs'' and the
United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as
amended: Provided, That of the funds appropriated under title
III of this Act, not less than $575,000,000 should be made
available for family planning/reproductive health, including in
areas where population growth threatens biodiversity or
endangered species.
(b) Global Health Management.--
(1) Not later than 180 days after enactment of this
Act, the Secretary of State, in consultation with the
Administrator of the United States Agency for
International Development (USAID), shall submit to the
Committees on Appropriations an analysis of short and
long-term costs, to include potential cost savings or
increases, associated with transitioning the function,
role, and duties of the Office of the United States
Global AIDS Coordinator into USAID: Provided, That
such report shall also assess any programmatic
advantages and disadvantages, including the ability to
achieve results, of making such a transition.
(2)(A) Not later than 45 days after enactment of
this Act, the Secretary of State, in consultation with
the Administrator of the United States Agency for
International Development (USAID), shall submit to the
Committees on Appropriations a report on the status of
the Quadrennial Diplomacy and Development Review (QDDR)
decision to transition the leadership of the Global
Health Initiative (GHI) to USAID, to include the
following--
(i) the metrics developed to measure
progress in meeting each benchmark enumerated
in Appendix 2 of the QDDR and the method
utilized to develop such metrics; and
(ii) the status of, and estimated
completion date for, meeting each benchmark.
(B) Within 90 days of submitting the initial report
required by subparagraph (A), and each 90 days
thereafter until the GHI transition is completed, an
update shall be provided to the Committees on
Appropriations on the status of meeting each benchmark:
Provided, That if as part of any such update it is
determined that the QDDR target date of September 2012
will not be met, the Secretary of State, in
consultation with the USAID Administrator, shall submit
a detailed explanation of the delay and a revised
target date for the transition to be completed.
(c) Global Fund Reforms.--
(1) Of funds appropriated by this Act that are
available for a contribution to the Global Fund to
Fight AIDS, Tuberculosis and Malaria (Global Fund), 10
percent should be withheld from obligation until the
Secretary of State determines and reports to the
Committees on Appropriations that--
(A) the Global Fund is maintaining and
implementing a policy of transparency,
including the authority of the Global Fund
Office of the Inspector General (OIG) to
publish OIG reports on a public Web site;
(B) the Global Fund is providing sufficient
resources to maintain an independent OIG that--
(i) reports directly to the Board
of the Global Fund;
(ii) maintains a mandate to conduct
thorough investigations and
programmatic audits, free from undue
interference; and
(iii) compiles regular, publicly
published audits and investigations of
financial, programmatic, and reporting
aspects of the Global Fund, its
grantees, recipients, sub-recipients,
and Local Fund Agents; and
(C) the Global Fund maintains an effective
whistleblower policy to protect whistleblowers
from retaliation, including confidential
procedures for reporting possible misconduct or
irregularities.
(2) The withholding required by this subsection
shall not be in addition to funds that are withheld
from the Global Fund in fiscal year 2012 pursuant to
the application of any other provision contained in
this or any other Act.
(d) Pandemic Response.--If the President determines and
reports to the Committees on Appropriations that a pandemic
virus is efficient and sustained, severe, and is spreading
internationally, funds made available under titles III, IV, and
VIII in this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
may be made available to combat such virus: Provided, That
funds made available pursuant to the authority of this
subsection shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
prohibition on promotion of tobacco
Sec. 7059. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
programs to promote gender equality
Sec. 7060. (a) Programs funded under title III of this Act
shall include, where appropriate, efforts to improve the status
of women, including through gender considerations in the
planning, assessment, implementation, monitoring and evaluation
of such programs.
(b) Funds appropriated under title III of this Act shall be
made available to support programs to expand economic
opportunities for poor women in developing countries, including
increasing the number and capacity of women-owned enterprises,
improving property rights for women, increasing women's access
to financial services and capital, enhancing the role of women
in economic decisionmaking at the local, national and
international levels, and improving women's ability to
participate in the global economy.
(c) Funds appropriated under title III of this Act shall be
made available to increase political opportunities for women,
including strengthening protections for women's personal
status, increasing women's participation in elections, and
enhancing women's positions in government and role in
government decisionmaking.
(d) Funds appropriated under in title III of this Act for
food security and agricultural development shall take into
consideration the unique needs of women, and technical
assistance for women farmers should be a priority.
(e) The Secretary of State, in consultation with the heads
of other relevant Federal agencies, shall develop a National
Action Plan in accordance with United Nations Security Council
Resolution 1325 (adopted on October 31, 2000) to ensure the
United States effectively promotes and supports the rights and
roles of women in conflict-affected and post-conflict regions
through clear, measurable commitments to--
(1) promote the active and meaningful participation
of women in affected areas in all aspects of conflict
prevention, management, and resolution;
(2) integrate the perspectives and interests of
affected women into conflict-prevention activities and
strategies;
(3) promote the physical safety, economic security,
and dignity of women and girls;
(4) support women's equal access to aid
distribution mechanisms and services; and
(5) monitor, analyze and evaluate implementation
efforts and their impact.
(f) The Department of State and the United States Agency
for International Development shall fully integrate gender into
all diplomatic and development efforts through the inclusion of
gender in strategic planning and budget allocations, and the
development of indicators and evaluation mechanisms to measure
the impact of United States policies and programs on women and
girls in foreign countries.
gender-based violence
Sec. 7061. (a) Funds appropriated under the headings
``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', and ``International Narcotics
Control and Law Enforcement'' in this Act shall be made
available for gender-based violence prevention and response
efforts, and funds appropriated under the headings
``International Disaster Assistance'', ``Complex Crises Fund'',
and ``Migration and Refugee Assistance'' should be made
available for such efforts.
(b) Programs and activities funded under titles III and IV
of this Act to train foreign police, judicial, and military
personnel, including for international peacekeeping operations,
shall address, where appropriate, prevention and response to
gender-based violence and trafficking in persons.
sector allocations
Sec. 7062. (a) Basic and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated by title III
of this Act, not less than $800,000,000 shall
be made available for assistance for basic
education, of which not less than $288,000,000
should be made available under the heading
``Development Assistance''.
(B) The United States Agency for
International Development shall ensure that
programs supported with funds appropriated for
basic education in this Act and prior Acts
making appropriations for the Department of
State, foreign operations, and related programs
are integrated, when appropriate, with health,
agriculture, governance, and economic
development activities to address the economic
and social needs of the broader community.
(C) Funds appropriated by title III of this
Act for basic education may be made available
for a contribution to the Global Partnership
for Education.
(2) Higher education.--Of the funds appropriated by
title III of this Act, not less than $200,000,000 shall
be made available for assistance for higher education,
of which $25,000,000 shall be to support such programs
in Africa, including for partnerships between higher
education institutions in Africa and the United States.
(b) Development Grants Program.--Of the funds appropriated
in title III of this Act, not less than $45,000,000 shall be
made available for the Development Grants Program established
pursuant to section 674 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008
(division J of Public Law 110-161), primarily for unsolicited
proposals, to support grants of not more than $2,000,000 to
small nongovernmental organizations: Provided, That funds made
available under this subsection are in addition to other funds
available for such purposes including funds designated by this
Act by subsection (f).
(c) Environment Programs.--
(1) In general.--Of the funds appropriated by this
Act, not less than $1,250,000,000 should be made
available for programs and activities to protect the
environment.
(2) Clean energy programs.--The limitation in
section 7081(b) of division F of Public Law 111-117
shall continue in effect during fiscal year 2012 as if
part of this Act: Provided, That the proviso contained
in such section shall not apply.
(3) Adaptation programs.--Funds appropriated by
this Act may be made available for United States
contributions to the Least Developed Countries Fund and
the Special Climate Change Fund to support adaptation
programs and activities.
(4) Tropical forest programs.--Funds appropriated
under title III of this Act for tropical forest
programs shall be used to protect biodiversity, and
shall not be used to support or promote the expansion
of industrial scale logging into primary tropical
forests: Provided, That funds that are available for
the Central African Regional Program for the
Environment and other tropical forest programs in the
Congo Basin for the United States Fish and Wildlife
Service (USFWS) shall be apportioned directly to the
USFWS: Provided further, That funds made available for
the Department of the Interior (DOI) for programs in
the Guatemala Mayan Biosphere Reserve shall be
apportioned directly to the DOI.
(5) Authority.--Funds appropriated by this Act to
carry out the provisions of sections 103 through 106,
and chapter 4 of part II, of the Foreign Assistance Act
of 1961 may be used, notwithstanding any other
provision of law except for the provisions of this
section and subject to the regular notification
procedures of the Committees on Appropriations, to
support environment programs.
(6) Consultation.--Funds made available pursuant to
this subsection are subject to prior consultation with,
and the regular notification procedures of, the
Committees on Appropriations.
(7) Extraction of natural resources.--
(A) Funds appropriated by this Act shall be
made available to promote and support
transparency and accountability of expenditures
and revenues related to the extraction of
natural resources, including by strengthening
implementation and monitoring of the Extractive
Industries Transparency Initiative,
implementing and enforcing section 8204 of
Public Law 110-246 and the Kimberley Process
Certification Scheme, and providing technical
assistance to promote independent audit
mechanisms and support civil society
participation in natural resource management.
(B)(i) The Secretary of the Treasury shall
inform the managements of the international
financial institutions and post on the
Department of the Treasury's Web site that it
is the policy of the United States to vote
against any assistance by such institutions
(including but not limited to any loan, credit,
grant, or guarantee) for the extraction and
export of a natural resource if the government
of the country has in place laws or regulations
to prevent or limit the public disclosure of
company payments as required by section 1504 of
Public Law 111-203, and unless such government
has in place functioning systems in the sector
in which assistance is being considered for:
(I) accurately accounting for and
public disclosure of payments to the
host government by companies involved
in the extraction and export of natural
resources;
(II) the independent auditing of
accounts receiving such payments and
public disclosure of the findings of
such audits; and
(III) public disclosure of such
documents as Host Government
Agreements, Concession Agreements, and
bidding documents, allowing in any such
dissemination or disclosure for the
redaction of, or exceptions for,
information that is commercially
proprietary or that would create
competitive disadvantage.
(ii) The requirements of subparagraph (i)
shall not apply to assistance for the purpose
of building the capacity of such government to
meet the requirements of this paragraph.
(C) The Secretary of the Treasury or the
Secretary of State, as appropriate, shall
instruct the United States executive director
of each international financial institution and
the United States representatives to all
forest-related multilateral financing
mechanisms and processes, that it is the policy
of the United States to vote against the
expansion of industrial scale logging into
primary tropical forests.
(8) Continuation of prior law.--Section 7081(g)(2)
and (4) of division F of Public Law 111-117 shall
continue in effect during fiscal year 2012 as if part
of this Act.
(d) Food Security and Agriculture Development.--Of the
funds appropriated by title III of this Act, $1,170,000,000
should be made available for food security and agriculture
development programs, of which $31,500,000 shall be made
available for Collaborative Research Support Programs:
Provided, That such funds may be made available notwithstanding
any other provision of law to address food shortages, and may
be made available for a United States contribution to the
endowment of the Global Crop Diversity Trust pursuant to
section 3202 of Public Law 110-246.
(e) Microenterprise and Microfinance.--Of the funds
appropriated by this Act, not less than $265,000,000 should be
made available for microenterprise and microfinance development
programs for the poor, especially women.
(f) Reconciliation Programs.--(1) Of the funds appropriated
by title III of this Act under the headings ``Economic Support
Fund'' and ``Development Assistance'', $26,000,000 shall be
made available to support people-to-people reconciliation
programs which bring together individuals of different ethnic,
religious and political backgrounds from areas of civil strife
and war, of which $10,000,000 shall be made available for such
programs in the Middle East: Provided, That the Administrator
of the United States Agency for International Development shall
consult with the Committees on Appropriations, prior to the
initial obligation of funds, on the uses of such funds.
(2) Of the funds appropriated by title III of this Act
under the headings ``Economic Support Fund'' and ``Development
Assistance'', $10,000,000 should be made available for a ``New
Generation in the Middle East'' initiative to build
understanding, tolerance, and mutual respect among the next
generation of Israeli and Palestinian leaders.
(g) Trafficking in Persons.--Of the funds appropriated by
this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``International Narcotics Control
and Law Enforcement'', and ``Assistance for Europe, Eurasia and
Central Asia'' not less than $36,000,000 shall be made
available for activities to combat trafficking in persons
internationally.
(h) Water.--Of the funds appropriated by this Act, not less
than $315,000,000 shall be made available for water and
sanitation supply projects pursuant to the Senator Paul Simon
Water for the Poor Act of 2005 (Public Law 109-121).
(i) Women's Leadership Capacity.--Of the funds appropriated
by title III of this Act, not less than $20,000,000 shall be
made available for programs to improve women's leadership
capacity in recipient countries.
(j) Notification Requirements.--Authorized deviations from
funding levels contained in this section shall be subject to
the regular notification procedures of the Committees on
Appropriations.
central asia
Sec. 7063. The terms and conditions of sections 7075(a)
through (d) and 7076(a) through (e) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2009 (division H of Public Law 111-8) shall apply to funds
appropriated by this Act, except that the Secretary of State
may waive the application of section 7076(a) for a period of
not more than 6 months and every 6 months thereafter until
September 30, 2013, if the Secretary certifies to the
Committees on Appropriations that the waiver is in the national
security interest and necessary to obtain access to and from
Afghanistan for the United States, and the waiver includes an
assessment of progress, if any, by the Government of Uzbekistan
in meeting the requirements in section 7076(a): Provided, That
the Secretary of State, in consultation with the Secretary of
Defense, shall submit a report to the Committees on
Appropriations not later than 180 days after enactment of this
Act and 12 months thereafter, on all United States Government
assistance provided to the Government of Uzbekistan and
expenditures made in support of the Northern Distribution
Network in Uzbekistan, including any credible information that
such assistance or expenditures are being diverted for corrupt
purposes: Provided further, That information provided in the
report required by the previous proviso may be provided in a
classified annex and such annex shall indicate the basis for
such classification: Provided further, That for the purposes
of the application of section 7075(c) to this Act, the report
shall be submitted not later than October 1, 2012 and for the
purposes of the application of section 7076(e) to this Act, the
term ``assistance'' shall not include expanded international
military education and training.
requests for documents
Sec. 7064. None of the funds appropriated or made
available pursuant to titles III through VI of this Act shall
be available to a nongovernmental organization, including any
contractor, which fails to provide upon timely request any
document, file, or record necessary to the auditing
requirements of the United States Agency for International
Development.
overseas private investment corporation
(including transfer of funds)
Sec. 7065. (a) Whenever the President determines that it is
in furtherance of the purposes of the Foreign Assistance Act of
1961, up to a total of $20,000,000 of the funds appropriated
under title III of this Act may be transferred to, and merged
with, funds appropriated by this Act for the Overseas Private
Investment Corporation Program Account, to be subject to the
terms and conditions of that account: Provided, That such
funds shall not be available for administrative expenses of the
Overseas Private Investment Corporation: Provided further,
That designated funding levels in this Act shall not be
transferred pursuant to this section: Provided further, That
the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
(b) Notwithstanding section 235(a)(2) of the Foreign
Assistance Act of 1961, the authority of subsections (a)
through (c) of section 234 of such Act shall remain in effect
until September 30, 2012.
international prison conditions
Sec. 7066. (a) Not later than 180 days after enactment of
this Act, the Secretary of State shall submit to the Committees
on Appropriations a report, which shall also be made publicly
available including on the Department of State's Web site,
describing--
(1) conditions in prisons and other detention
facilities in at least 25 countries whose governments
receive United States assistance and which the
Secretary determines raise serious human rights or
humanitarian concerns; and
(2) the extent to which such governments are taking
steps to eliminate such conditions.
(b) For purposes of each determination made pursuant to
subsection (a), the Secretary shall consider the criteria
listed in section 7085(b)(1) through (10) of division F of
Public Law 111-117.
(c) Funds appropriated by this Act to carry out the
provisions of chapters 1 and 11 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961, and the Support for
East European Democracy (SEED) Act of 1989, shall be made
available, notwithstanding section 660 of the Foreign
Assistance Act of 1961, for assistance to eliminate inhumane
conditions in foreign prisons and other detention facilities.
prohibition on use of torture
Sec. 7067. (a) None of the funds made available in this Act
may be used to support or justify the use of torture, cruel or
inhumane treatment by any official or contract employee of the
United States Government.
(b) Funds appropriated by this Act to carry out the
provisions of chapters 1, 10, 11, and 12 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961, and the
Support for East European Democracy (SEED) Act of 1989, shall
be made available, notwithstanding section 660 of the Foreign
Assistance Act of 1961, for assistance to eliminate torture by
foreign police, military or other security forces in countries
receiving assistance from funds appropriated by this Act that
are identified in the Department of State's most recent Country
Reports on Human Rights Practices.
extradition
Sec. 7068. (a) None of the funds appropriated in this Act
may be used to provide assistance (other than funds provided
under the headings ``International Narcotics Control and Law
Enforcement'', ``Migration and Refugee Assistance'',
``Emergency Migration and Refugee Assistance'', and
``Nonproliferation, Anti-terrorism, Demining and Related
Assistance'') for the central government of a country which has
notified the Department of State of its refusal to extradite to
the United States any individual indicted for a criminal
offense for which the maximum penalty is life imprisonment
without the possibility of parole or for killing a law
enforcement officer, as specified in a United States
extradition request.
(b) Subsection (a) shall only apply to the central
government of a country with which the United States maintains
diplomatic relations and with which the United States has an
extradition treaty and the government of that country is in
violation of the terms and conditions of the treaty.
(c) The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary
certifies to the Committees on Appropriations that such waiver
is important to the national interests of the United States.
commercial leasing of defense articles
Sec. 7069. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a) of
the Arms Export Control Act may be used to provide financing to
Israel, Egypt and NATO and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
independent states of the former soviet union
Sec. 7070. (a) None of the funds appropriated under the
heading ``Assistance for Europe, Eurasia and Central Asia''
shall be made available for assistance for a government of an
Independent State of the former Soviet Union if that government
directs any action in violation of the territorial integrity or
national sovereignty of any other Independent State of the
former Soviet Union, such as those violations included in the
Helsinki Final Act: Provided, That such funds may be made
available without regard to the restriction in this subsection
if the President determines that to do so is in the national
security interest of the United States.
(b)(1) Of the funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'' that are
allocated for assistance for the Government of the Russian
Federation, 60 percent shall be withheld from obligation until
the President determines and certifies in writing to the
Committees on Appropriations that the Government of the Russian
Federation--
(A) has terminated implementation of arrangements
to provide Iran with technical expertise, training,
technology, or equipment necessary to develop a nuclear
reactor, related nuclear research facilities or
programs, or ballistic missile capability; and
(B) is providing full access to international non-
government organizations providing humanitarian relief
to refugees and internally displaced persons in
Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of
trafficking in persons; and
(B) activities authorized under title V
(Nonproliferation and Disarmament Programs and
Activities) of the FREEDOM Support Act.
(c) Section 907 of the FREEDOM Support Act shall not apply
to--
(1) activities to support democracy or assistance
under title V of the FREEDOM Support Act and section
1424 of Public Law 104-201 or non-proliferation
assistance;
(2) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the
United States and Foreign Commercial Service while
acting within his or her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et
seq.);
(5) any financing provided under the Export-Import
Bank Act of 1945; or
(6) humanitarian assistance.
international monetary fund
Sec. 7071. (a) The terms and conditions of sections
7086(b)(1) and (2) and 7090(a) of division F of Public Law 111-
117 shall apply to this Act.
(b) The Secretary of the Treasury shall instruct the United
States Executive Director of the International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the IMF
before other private creditors.
(c) The Secretary of the Treasury shall seek to ensure that
the IMF is implementing best practices for the protection of
whistleblowers from retaliation, including best practices for
legal burdens of proof, access to independent adjudicative
bodies, results that eliminate the effects of retaliation, and
statutes of limitation for reporting retaliation.
repression in the russian federation
Sec. 7072. (a) None of the funds appropriated under the
heading ``Assistance for Europe, Eurasia and Central Asia'' in
this Act may be made available for the Government of the
Russian Federation, after 180 days from the date of the
enactment of this Act, unless the Secretary of State certifies
to the Committees on Appropriations that the Government of the
Russian Federation:
(1) has implemented no statute, Executive order,
regulation or similar government action that would
discriminate, or which has as its principal effect
discrimination, against religious groups or religious
communities in the Russian Federation in violation of
accepted international agreements on human rights and
religious freedoms to which the Russian Federation is a
party;
(2) is honoring its international obligations
regarding freedom of expression, assembly, and press,
as well as due process;
(3) is investigating and prosecuting law
enforcement personnel credibly alleged to have
committed human rights abuses against political
leaders, activists and journalists; and
(4) is immediately releasing political leaders,
activists and journalists who remain in detention.
(b) The Secretary of State may waive the requirements of
subsection (a) if the Secretary determines that to do so is
important to the national interests of the United States.
prohibition on first-class travel
Sec. 7073. None of the funds made available in this Act
may be used for first-class travel by employees of agencies
funded by this Act in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
disability programs
Sec. 7074. Funds appropriated by this Act under the
heading ``Economic Support Fund'' shall be made available for
programs and activities administered by the United States
Agency for International Development to address the needs and
protect and promote the rights of people with disabilities in
developing countries, including initiatives that focus on
independent living, economic self-sufficiency, advocacy,
education, employment, transportation, sports, and integration
of individuals with disabilities, including for the cost of
translation, and shall also be made available to support
disability advocacy organizations to provide training and
technical assistance for disabled persons organizations in such
countries: Provided, That of the funds made available by this
section, up to 7 percent may be for management, oversight, and
technical support.
enterprise funds
Sec. 7075. (a) Prior to the distribution of any assets
resulting from any liquidation, dissolution, or winding up of
an Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance with
the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of
the Enterprise Fund.
(b) Funds made available under titles III through VI of
this Act for Enterprise Funds shall be expended at the minimum
rate necessary to make timely payment for projects and
activities and no such funds may be available except through
the regular notification procedures of the Committees on
Appropriations.
consular affairs
Sec. 7076. (a) The Secretary of State shall implement the
necessary steps, including hiring a sufficient number of
consular officers to include limited non-career appointment
officers, in the People's Republic of China, Brazil, and India
to reduce the wait time to interview visa applicants who have
submitted applications.
(b) The Secretary of State shall conduct a risk and benefit
analysis regarding the extension of the expiration period for
B-1 or B-2 visas for visa applicants before requiring a
consular officer interview and, unless such analysis finds that
risks outweigh benefits, develop a plan to extend such
expiration period in a manner consistent with maintaining
security controls.
(c) The Secretary of State may develop and conduct a pilot
program for the processing of B-1 and B-2 visas using secure
remote videoconferencing technology as a method for conducting
visa interviews of applicants: Provided, That any such pilot
should be developed in consultation with other Federal agencies
that use such secure communications to help ensure security of
the videoconferencing transmission and encryption: Provided
further, That no pilot program should be conducted if the
Secretary determines and reports to the Committees on
Appropriations that such program poses an undue security risk
and that it cannot be conducted in a manner consistent with
maintaining security controls.
procurement reform
Sec. 7077. (a) Local Competition.--Notwithstanding any
other provision of law, the Administrator of the United States
Agency for International Development (USAID) may, with funds
made available in this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs, award contracts and other acquisition instruments in
which competition is limited to local entities if doing so
would result in cost savings, develop local capacity, or enable
the USAID Administrator to initiate a program or activity in
appreciably less time than if competition were not so limited:
Provided, That the authority provided in this section may not
be used to make awards in excess of $5,000,000 and shall not
exceed more than 10 percent of the funds made available to
USAID under this Act for assistance programs: Provided
further, That such authority shall be available to support a
pilot program with such funds: Provided further, That the
USAID Administrator shall consult with the Committees on
Appropriations and relevant congressional committees on the
results of such pilot program.
(b) For the purposes of this section, local entity means an
individual, a corporation, a nonprofit organization, or another
body of persons that--
(1) is legally organized under the laws of;
(2) has as its principal place of business or
operations in; and
(3) either is--
(A) majority owned by individuals who are
citizens or lawful permanent residents of; or
(B) managed by a governing body the
majority of whom are citizens or lawful
permanent residents of;
a country receiving assistance from funds appropriated
under title III of this Act.
(c) For purposes of this section, ``majority owned'' and
``managed by'' include, without limitation, beneficiary
interests and the power, either directly or indirectly, whether
exercised or exercisable, to control the election, appointment,
or tenure of the organization's managers or a majority of the
organization's governing body by any means.
operating and spend plans
Sec. 7078. (a) Operating Plans.--Not later than 30 days
after the date of enactment of this Act, each department,
agency or organization funded in titles I and II, and the
Department of the Treasury and Independent Agencies funded in
title III of this Act shall submit to the Committees on
Appropriations an operating plan for funds appropriated to such
department, agency, or organization in such titles of this Act,
or funds otherwise available for obligation in fiscal year
2012, that provides details of the use of such funds at the
program, project, and activity level.
(b) Spend Plans.--Prior to the initial obligation of funds,
the Secretary of State, in consultation with the Administrator
of the United States Agency for International Development,
shall submit to the Committees on Appropriations a detailed
spend plan for the following--
(1) funds appropriated under the heading
``Democracy Fund'';
(2) funds made available in titles III and IV of
this Act for assistance for Iraq, Haiti, Colombia, and
Mexico, for the Caribbean Basin Security Initiative,
and for the Central American Regional Security
Initiative;
(3) funds made available for assistance for
countries or programs and activities referenced in--
(A) section 7040;
(B) section 7041(a), (e), (f), and (i);
(C) section 7043(b);
(D) section 7046(a) and (c); and
(4) funds appropriated in title III for food
security and agriculture development programs and for
environment programs.
(c) Notifications.--The spend plans referenced in
subsection (b) shall not be considered as meeting the
notification requirements under section 7015 of this Act or
under section 634A of the Foreign Assistance Act of 1961.
rescissions
Sec. 7079. (a) Of the funds appropriated in prior Acts
making appropriations for the Department of State, foreign
operations, and related programs under the heading ``Diplomatic
and Consular Programs'', $13,700,000 are rescinded, of which
$8,000,000 shall be from funds for Worldwide Security
Protection: Provided, That no amounts may be rescinded from
amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
(b) Of the unexpended balances available under the heading
``Export and Investment Assistance, Export-Import Bank of the
United States, Subsidy Appropriation'' from prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, $400,000,000 are rescinded.
(c) Of the unexpended balances available to the President
for bilateral economic assistance under the heading ``Economic
Support Fund'' from prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
$100,000,000 are rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by Congress as an
emergency requirement pursuant to a concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
(d) The Secretary of State, as appropriate, shall consult
with the Committees on Appropriations at least 15 days prior to
implementing the rescissions made in this section.
special defense acquisition fund
(including limitation on obligations)
Sec. 7080. (a) Transfer.--Of the funds made available
pursuant to the last proviso in the second paragraph under the
heading ``Foreign Military Financing Program'' in this Act, up
to $100,000,000 of such funds may be transferred to the Special
Defense Acquisition Fund pursuant to section 51 of the Arms
Export Control Act.
(b) Limitation on Obligations.--Not to exceed $100,000,000
may be obligated pursuant to section 51(c)(2) of the Arms
Export Control Act for the purposes of the Special Defense
Acquisition Fund (Fund), to remain available for obligation
until September 30, 2015: Provided, That the provision of
defense articles and defense services to foreign countries or
international organizations from the Fund shall be subject to
the concurrence of the Secretary of State.
authority for capital increases
Sec. 7081. (a) International Bank for Reconstruction and
Development.--The Bretton Woods Agreements Act, as amended (22
U.S.C. 286 et seq.), is further amended by adding at the end
thereof the following new sections:
``SEC. 69. ACCEPTANCE OF AN AMENDMENT TO THE ARTICLES OF AGREEMENT OF
THE BANK TO INCREASE BASIC VOTES.
``The United States Governor of the Bank may accept on
behalf of the United States the amendment to the Articles of
Agreement of the Bank as proposed in resolution No. 596,
entitled `Enhancing Voice and Participation of Developing and
Transition Countries,' of the Board of Governors of the Bank
that was approved by such Board on January 30, 2009.
``SEC. 70. CAPITAL STOCK INCREASES.
``(a) Increases Authorized.--The United States Governor of
the Bank is authorized--
``(1)(A) to vote in favor of a resolution to
increase the capital stock of the Bank on a selective
basis by 230,374 shares; and
``(B) to subscribe on behalf of the United States
to 38,459 additional shares of the capital stock of the
Bank, as part of the selective increase in the capital
stock of the Bank, except that any subscription to such
additional shares shall be effective only to such
extent or in such amounts as are provided in advance in
appropriations Acts;
``(2)(A) to vote in favor of a resolution to
increase the capital stock of the Bank on a general
basis by 484,102 shares; and
``(B) to subscribe on behalf of the United States
to 81,074 additional shares of the capital stock of the
Bank, as part of the general increase in the capital
stock of the Bank, except that any subscription to such
additional shares shall be effective only to such
extent or in such amounts as are provided in advance in
appropriations Acts.
``(b) Limitations on Authorization of Appropriations.--
``(1) In order to pay for the increase in the
United States subscription to the Bank under subsection
(a)(2)(B), there are authorized to be appropriated,
without fiscal year limitation, $9,780,361,991 for
payment by the Secretary of the Treasury.
``(2) Of the amount authorized to be appropriated
under paragraph (2)(A)--
``(A) $586,821,720 shall be for paid in
shares of the Bank; and
``(B) $9,193,540,271 shall be for callable
shares of the Bank.''.
(b) International Finance Corporation.--The International
Finance Corporation Act, Public Law 84-350, as amended (22
U.S.C. 282 et seq.), is further amended by adding at the end
thereof the following new section:
``SEC. 17. SELECTIVE CAPITAL INCREASE AND AMENDMENT OF THE ARTICLES OF
AGREEMENT.
``(a) Vote Authorized.--The United States Governor of the
Corporation is authorized to vote in favor of a resolution to
increase the capital stock of the Corporation by $130,000,000.
``(b) Amendment of the Articles of Agreement.--The United
States Governor of the Corporation is authorized to agree to
and accept an amendment to Article IV, Section 3(a) of the
Articles of Agreement of the Corporation that achieves an
increase in basic votes to 5.55 percent of total votes.''.
(c) Inter-American Development Bank.--The Inter-American
Development Bank Act, Public Law 86-147, as amended (22 U.S.C.
283 et seq.), is further amended by adding at the end thereof
the following new section:
``SEC. 41. NINTH CAPITAL INCREASE.
``(a) Vote Authorized.--The United States Governor of the
Bank is authorized to vote in favor of a resolution to increase
the capital stock of the Bank by $70,000,000,000 as described
in Resolution AG-7/10, `Report on the Ninth General Capital
Increase in the resources of the Inter-American Development
Bank' as approved by Governors on July 21, 2010.
``(b) Subscription Authorized.--
``(1) The United States Governor of the Bank may
subscribe on behalf of the United States to 1,741,135
additional shares of the capital stock of the Bank.
``(2) Any subscription by the United States to the
capital stock of the Bank shall be effective only to
such extent and in such amounts as are provided in
advance in appropriations Acts.
``(c) Limitations on Authorization of Appropriations.--
``(1) In order to pay for the increase in the
United States subscription to the Bank under subsection
(b), there are authorized to be appropriated, without
fiscal year limitation, $21,004,064,337 for payment by
the Secretary of the Treasury.
``(2) Of the amount authorized to be appropriated
under paragraph (1)--
``(A) $510,090,175 shall be for paid in
shares of the Bank; and
``(B) $20,493,974,162 shall be for callable
shares of the Bank.''.
(d) African Development Bank.--The African Development Bank
Act, Public Law 97-35, as amended (22 U.S.C. 290i et seq.), is
further amended by adding at the end thereof the following new
section:
``SEC. 1344. SIXTH CAPITAL INCREASE.
``(a) Subscription Authorized.--
``(1) The United States Governor of the Bank may
subscribe on behalf of the United States to 289,391
additional shares of the capital stock of the Bank.
``(2) Any subscription by the United States to the
capital stock of the Bank shall be effective only to
such extent and in such amounts as are provided in
advance in appropriations Acts.
``(b) Limitations on Authorization of Appropriations.--
``(1) In order to pay for the increase in the
United States subscription to the Bank under subsection
(a), there are authorized to be appropriated, without
fiscal year limitation, $4,322,228,221 for payment by
the Secretary of the Treasury.
``(2) Of the amount authorized to be appropriated
under paragraph (1)--
``(A) $259,341,759 shall be for paid in
shares of the Bank; and
``(B) $4,062,886,462 shall be for callable
shares of the Bank.''.
(e) European Bank for Reconstruction and Development.--The
European Bank for Reconstruction and Development Act, Section
562(c) of Public Law 101-513, as amended (22 U.S.C. 290l et
seq.), is further amended by adding at the end thereof the
following new paragraph:
``(12) Capital increase.--
``(A) Subscription authorized.--
``(i) The United States Governor of
the Bank may subscribe on behalf of the
United States up to 90,044 additional
callable shares of the capital stock of
the Bank in accordance with Resolution
No. 128 as adopted by the Board of
Governors of the Bank on May 14, 2010.
``(ii) Any subscription by the
United States to additional capital
stock of the Bank shall be effective
only to such extent and in such amounts
as are provided in advance in
appropriations Acts.
``(B) Limitations on authorization of
appropriations.--In order to pay for the
increase in the United States subscription to
the Bank under subsection (A), there are
authorized to be appropriated, without fiscal
year limitation, up to $1,252,331,952 for
payment by the Secretary of the Treasury.''.
reforms related to general capital increases
Sec. 7082. (a) Reforms.--Funds appropriated by this Act may
not be disbursed for a United States contribution to the
general capital increases of the International Bank for
Reconstruction and Development (World Bank), the African
Development Bank (AfDB), or the Inter-American Development Bank
(IDB) until the Secretary of the Treasury reports to the
Committees on Appropriations that such institution, as
appropriate, is making substantial progress toward the
following--
(1) implementing specific reform commitments agreed
to by the World Bank and the AfDB as described in the
Pittsburgh Leaders' Statement issued at the Pittsburgh
G20 Summit in September 2009 concerning sound finances,
effective management and governance, transparency and
accountability, focus on core mission, and results;
(2) implementing specific reform commitments agreed
to by the IDB in Resolution AG-7/10 ``Report on the
Ninth General Capital Increase in the resources of the
Inter-American Development Bank'' as approved by the
Governors on July 12, 2010, including transfers of at
least $200,000,000 annually to a grant facility for
Haiti;
(3) implementing procurement guidelines that
maximize international competitive bidding in
accordance with sound procurement practices, including
transparency, competition, and cost-effective results
for borrowers;
(4) implementing best practices for the protection
of whistleblowers from retaliation, including best
practices for legal burdens of proof, access to
independent adjudicative bodies, results that eliminate
the effects of retaliation, and statutes of limitation
for reporting retaliation;
(5) requiring that each candidate for budget
support or development policy loans provide an
assessment of reforms needed to budgetary and
procurement processes to encourage transparency,
including budget publication and public scrutiny, prior
to loan approval;
(6) making publicly available external and internal
performance and financial audits of such institution's
projects on the institution's Web site;
(7) adopting policies concerning the World Bank's
proposed Program for Results (P4R) to: limit P4R to no
more than 5 percent of annual World Bank lending as a
pilot for a period of not less than two years; require
that projects with potentially significant adverse
social or environmental impacts and projects that
affect indigenous peoples are either excluded from P4R
or subject to the World Bank's own policies; require
that at the close of the pilot there will be a
thorough, independent evaluation, with input from civil
society and the private sector, to provide guidance
concerning next steps for the pilot; and fully staff
the World Bank Group's Integrity Vice Presidency, with
agreement from Borrowers on the World Bank's
jurisdiction and authority to investigate allegations
of fraud and corruption in any of the World Bank's
lending programs including P4R; and
(8) concerning the World Bank, strengthening the
public availability of information regarding
International Finance Corporation (IFC) subprojects
when the IFC is funding a financial intermediary,
including--
(A) requiring that higher-risk subprojects
comply with the relevant Performance Standard
requirements; and
(B) agreeing to periodically disclose on
the IFC Web site a listing of the name,
location, and sector of high-risk subprojects
supported by IFC investments through private
equity funds.
(b) Report.--Not later than 180 days after enactment of
this Act and every 6 months thereafter until September 30,
2013, the Secretary of the Treasury shall submit to the
Committees on Appropriations a report detailing the extent to
which each institution has continued to make progress on each
policy goal listed in subsection (a).
authority for replenishments
Sec. 7083. (a) International Development Association.--The
International Development Association Act, Public Law 86-565,
as amended (22 U.S.C. 284 et seq.), is further amended by
adding at the end thereof the following new sections:
``SEC. 26. SIXTEENTH REPLENISHMENT.
``(a) The United States Governor of the International
Development Association is authorized to contribute on behalf
of the United States $4,075,500,000 to the sixteenth
replenishment of the resources of the Association, subject to
obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $4,075,500,000
for payment by the Secretary of the Treasury.
``SEC. 27. MULTILATERAL DEBT RELIEF.
``(a) The Secretary of the Treasury is authorized to
contribute, on behalf of the United States, not more than
$474,000,000 to the International Development Association for
the purpose of funding debt relief cost under the Multilateral
Debt Relief Initiative incurred in the period governed by the
sixteenth replenishment of resources of the International
Development Association, subject to obtaining the necessary
appropriations and without prejudice to any funding
arrangements in existence on the date of the enactment of this
section.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, not more than
$474,000,000 for payment by the Secretary of the Treasury.
``(c) In this section, the term `Multilateral Debt Relief
Initiative' means the proposal set out in the G8 Finance
Ministers' Communique entitled `Conclusions on Development',
done at London, June 11, 2005, and reaffirmed by G8 Heads of
State at the Gleneagles Summit on July 8, 2005.''.
(b) African Development Bank.--The African Development Fund
Act, Public Law 94-302, as amended (22 U.S.C. 290g et seq.), is
further amended by adding at the end thereof the following new
sections:
``SEC. 221. TWELFTH REPLENISHMENT.
``(a) The United States Governor of the Fund is authorized
to contribute on behalf of the United States $585,000,000 to
the twelfth replenishment of the resources of the Fund, subject
to obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $585,000,000 for
payment by the Secretary of the Treasury.
``SEC. 222. MULTILATERAL DEBT RELIEF.
``(a) The Secretary of the Treasury is authorized to
contribute, on behalf of the United States, not more than
$60,000,000 to the African Development Fund for the purpose of
funding debt relief costs under the Multilateral Debt Relief
Initiative incurred in the period governed by the twelfth
replenishment of resources of the African Development Fund,
subject to obtaining the necessary appropriations and without
prejudice to any funding arrangements in existence on the date
of the enactment of this section.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, not more than
$60,000,000 for payment by the Secretary of the Treasury.
``(c) In this section, the term `Multilateral Debt Relief
Initiative' means the proposal set out in the G8 Finance
Ministers' Communique entitled `Conclusions on Development',
done at London, June 11, 2005, and reaffirmed by G8 Heads of
State at the Gleneagles Summit on July 8, 2005.''.
authority for the fund for special operations
Sec. 7084. Up to $36,000,000 of funds appropriated for the
account ``Department of the Treasury, Debt Restructuring'' by
the Full-Year Continuing Appropriations Act, 2011 (Public Law
112-10, Division B) may be made available for the United States
share of an increase in the resources of the Fund for Special
Operations of the Inter-American Development Bank in
furtherance of debt relief provided to Haiti in view of the
Cancun Declaration of March 21, 2010.
united nations population fund
Sec. 7085. (a) Contribution.--Of the funds made available
under the heading ``International Organizations and Programs''
in this Act for fiscal year 2012, $35,000,000 shall be made
available for the United Nations Population Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act
for UNFPA, that are not made available for UNFPA because of the
operation of any provision of law, shall be transferred to the
``Global Health Programs'' account and shall be made available
for family planning, maternal, and reproductive health
activities, subject to the regular notification procedures of
the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the
funds made available by this Act may be used by UNFPA for a
country program in the People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made
available by this Act for UNFPA may not be made available
unless--
(1) UNFPA maintains funds made available by this
Act in an account separate from other accounts of UNFPA
and does not commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of
enactment of this Act, the Secretary of State shall
submit a report to the Committees on Appropriations
indicating the amount of funds that the UNFPA is
budgeting for the year in which the report is submitted
for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that
the UNFPA plans to spend funds for a country program in
the People's Republic of China in the year covered by
the report, then the amount of such funds the UNFPA
plans to spend in the People's Republic of China shall
be deducted from the funds made available to the UNFPA
after March 1 for obligation for the remainder of the
fiscal year in which the report is submitted.
LIMITATIONS
Sec. 7086. (a)(1) None of the funds appropriated
under the heading ``Economic Support Fund'' in this Act
may be made available for assistance for the
Palestinian Authority if the Palestinians obtain, after
the date of enactment of this Act, the same standing as
member states or full membership as a state in the
United Nations or any specialized agency thereof
outside an agreement negotiated between Israel and the
Palestinians.
(2) The Secretary of State may waive the
restriction in paragraph (1) if the Secretary certifies
to the Committees on Appropriations that to do so is in
the national security interest of the United States,
and submits a report to such Committees detailing how
the waiver and the continuation of assistance would
assist in furthering Middle East peace.
(b)(1) The President may waive the provisions of
section 1003 of Public Law 100-204 if the President
determines and certifies in writing to the Speaker of
the House of Representatives, the President pro tempore
of the Senate, and the Committees on Appropriations
that the Palestinians have not, after the date of
enactment of this Act, obtained in the United Nations
or any specialized agency thereof the same standing as
member states or full membership as a state outside an
agreement negotiated between Israel and the
Palestinians.
(2) Not less than 90 days after the President is
unable to make the certification pursuant to subsection
(b)(1), the President may waive section 1003 of Public
Law 100-204 if the President determines and certifies
in writing to the Speaker of the House of
Representatives, the President pro tempore of the
Senate, and the Committees on Appropriations that the
Palestinians have entered into direct and meaningful
negotiations with Israel: Provided, That any waiver of
the provisions of section 1003 of Public Law 100-204
under paragraph (1) of this subsection or under
previous provisions of law must expire before the
waiver under the preceding sentence may be exercised.
(3) Any waiver pursuant to this subsection shall be
effective for no more than a period of 6 months at a
time and shall not apply beyond 12 months after the
enactment of this Act.
use of funds in contravention of this act
Sec. 7087. If the Executive Branch makes a determination
not to comply with any provision of this Act on constitutional
grounds, the head of the relevant Federal agency shall notify
the Committees on Appropriations in writing within 5 days of
such determination, the basis for such determination and any
resulting changes to program and policy.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS/
GLOBAL WAR ON TERRORISM
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular
Programs'', $4,389,064,000, to remain available until September
30, 2013, of which $236,201,000 is for Worldwide Security
Protection and shall remain available until expended:
Provided, That the Secretary of State may transfer up to
$230,000,000 of the total funds made available under this
heading to any other appropriation of any department or agency
of the United States, upon the concurrence of the head of such
department or agency, to support operations in and assistance
for Afghanistan and to carry out the provisions of the Foreign
Assistance Act of 1961: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
conflict stabilization operations
For an additional amount for ``Conflict Stabilization
Operations'', $8,500,000, to remain available until expended:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $67,182,000, to remain available until September 30,
2013, of which $19,545,000 shall be for the Special Inspector
General for Iraq Reconstruction for reconstruction oversight,
and $44,387,000 shall be for the Special Inspector General for
Afghanistan Reconstruction for reconstruction oversight:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
educational and cultural exchange programs
For an additional amount for ``Educational and Cultural
Exchange Programs'', as authorized, $15,600,000, to remain
available until expended: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', $33,000,000, to remain
available until expended: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to
International Organizations'', $101,300,000: Provided, That
such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $4,400,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Related Programs
united states institute of peace
For an additional amount for ``United States Institute of
Peace'', $8,411,000, to remain available until September 30,
2013: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'',
$255,000,000, to remain available until September 30, 2013:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $4,500,000, to remain available until September 30,
2013: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $150,000,000, to remain available until September
30, 2013: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$6,554,000, to remain available until September 30, 2013:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
complex crises fund
For an additional amount for ``Complex Crises Fund'',
$30,000,000, to remain available until September 30, 2013:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
economic support fund
For an additional amount for ``Economic Support Fund'',
$2,761,462,000, to remain available until September 30, 2013:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'', $229,000,000, to remain available until September
30, 2013: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Department of the Treasury
international affairs technical assistance
For an additional amount for ``International Affairs
Technical Assistance'', $1,552,000, to remain available until
September 30, 2013, which shall be available notwithstanding
any other provision of law: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $983,605,000, to remain
available until September 30, 2013: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', $120,657,000, to
remain available until September 30, 2013: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$81,000,000, to remain available until September 30, 2013:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $1,102,000,000, to remain available until September
30, 2013: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
pakistan counterinsurgency capability fund
(including transfer of funds)
For necessary expenses to carry out the provisions of
chapter 8 of part I and chapters 2, 5, 6, and 8 of part II of
the Foreign Assistance Act of 1961 and section 23 of the Arms
Export Control Act, $850,000,000, to remain available until
September 30, 2013, for the purpose of providing assistance for
Pakistan to build and maintain the counterinsurgency capability
of Pakistani security forces (including the Frontier Corps), to
include program management, training in civil-military
humanitarian assistance, human rights training, and the
provision of equipment, supplies, services, training, and
facility and infrastructure repair, renovation, and
construction: Provided, That notwithstanding any other
provision of law except section 620M of the Foreign Assistance
Act of 1961, as amended by this Act, such funds shall be
available to the Secretary of State, with the concurrence of
the Secretary of Defense: Provided further, That such funds
may be transferred by the Secretary of State to the Department
of Defense or other Federal departments or agencies to support
counterinsurgency operations and may be merged with, and be
available, for the same purposes and for the same time period
as the appropriation or fund to which transferred or may be
transferred pursuant to the authorities contained in the
Foreign Assistance Act of 1961: Provided further, That the
Secretary of State shall, not fewer than 15 days prior to
making transfers from this appropriation, notify the Committees
on Appropriations, in writing, of the details of any such
transfer: Provided further, That the Secretary of State shall
submit not later than 30 days after the end of each fiscal
quarter to the Committees on Appropriations a report in writing
summarizing, on a project-by-project basis, the uses of funds
under this heading: Provided further, That upon determination
by the Secretary of State, with the concurrence of the
Secretary of Defense, that all or part of the funds so
transferred from this appropriation are not necessary for the
purposes herein, such amounts may be transferred by the head of
the relevant Federal department or agency back to this
appropriation and shall be available for the same purposes and
for the same time period as originally appropriated: Provided
further, That any required notification or report may be
submitted in classified form: Provided further, That the
amount in this paragraph is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS
Sec. 8001. Notwithstanding any other provision of law,
funds appropriated in this title are in addition to amounts
appropriated or otherwise made available in this Act for fiscal
year 2012.
Sec. 8002. Unless otherwise provided for in this Act, the
additional amounts appropriated by this title to appropriations
accounts in this Act shall be available under the authorities
and conditions applicable to such appropriations accounts.
Sec. 8003. Funds appropriated by this title under the
headings ``International Disaster Assistance'', ``Transition
Initiatives'', ``Complex Crises Fund'', ``Economic Support
Fund'', ``Migration and Refugee Assistance'', ``International
Narcotics Control and Law Enforcement'', ``Nonproliferation,
Anti-terrorism, Demining, and Related Programs'',
``Peacekeeping Operations'', ``Foreign Military Financing
Program'', and ``Pakistan Counterinsurgency Capability Fund'',
may be transferred to, and merged with, funds appropriated by
this title under such headings: Provided, That such transfers
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the
transfer authority in this section is in addition to any
transfer authority otherwise available under any other
provision of law, including section 610 of the Foreign
Assistance Act which may be exercised by the Secretary of State
for the purposes of this title.
Sec. 8004. If authorized during fiscal year 2012, there
shall be established in the Treasury of the United States the
``Global Security Contingency Fund'' (the Fund): Provided,
That notwithstanding any provision of law, during the current
fiscal year, not to exceed $50,000,000 from funds appropriated
under the headings ``International Narcotics Control and Law
Enforcement'', ``Foreign Military Financing Program'', and
``Pakistan Counterinsurgency Capability Fund'' under title VIII
of this Act may be transferred to the Fund: Provided further,
That this transfer authority is in addition to any other
transfer authority available to the Department of State, and
shall be subject to prior consultation with the Committees on
Appropriations: Provided further, That the Secretary of State
shall, not later than 15 days prior to making any such
transfer, notify the Committees on Appropriations in accordance
with the regular notification procedures of the Committees on
Appropriations, including the source of funds and a detailed
justification, implementation plan, and timeline for each
proposed project: Provided further, That, notwithstanding any
provision of law, the requirements of this section, including
the amount and source of transferred funds, shall apply to any
transfer or other authority relating to the Fund enacted
subsequent to the enactment of this Act unless such
subsequently enacted provision of law specifically references
this section.
This division may be cited as the ``Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2012''.
And the Senate agree to the same.
Harold Rogers,
C.W. Bill Young,
Jerry Lewis,
Rodney P. Frelinghuysen,
Robert B. Aderholt,
Jo Ann Emerson,
Kay Granger,
Michael K. Simpson,
John Abney Culberson,
Ander Crenshaw,
Denny Rehberg,
John R. Carter,
Norman D. Dicks,
Peter J. Visclosky,
Nita M. Lowey,
Jose E. Serrano,
Rosa L. DeLauro,
James P. Moran,
David E. Price,
Sanford D. Bishop, Jr.
Managers on the part of the House.
Tim Johnson,
Daniel K. Inouye,
Mary L. Landrieu,
Patty Murray,
Jack Reed,
Ben Nelson,
Mark L. Pryor,
Patrick J. Leahy,
Kay Bailey Hutchison,
Lisa Murkowski,
Roy Blunt,
John Hoeven,
Thad Cochran.
Managers on the part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 2055) making
appropriations for military construction, the Department of
Veterans Affairs, and related agencies for the fiscal year
ending September 30, 2012, and for other purposes, submit the
following joint statement to the House and Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report.
This conference agreement includes the Department of
Defense Appropriations Act, 2012; the Energy and Water
Development Appropriations Act, 2012; the Financial Services
and General Government Appropriations Act, 2012; the Department
of Homeland Security Appropriations Act, 2012; the Department
of the Interior, Environment, and Related Agencies
Appropriations Act, 2012; the Departments of Labor, Health and
Human Services, and Education, and Related Agencies
Appropriations Act, 2012; the Legislative Branch Appropriations
Act, 2012; the Military Construction and Veterans Affairs and
Related Agencies Appropriations Act, 2012; and the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2012.
The conference agreement includes a provision stating
that each amount designated by Congress as being for Overseas
Contingency Operations/Global War on Terrorism is contingent on
the President so designating all such amounts and transmitting
such designations to Congress. The provision is consistent with
new requirements enacted in the Budget Control Act of 2011 for
Overseas Contingency Operations/Global War on Terrorism
designations by the President.
The conference agreement does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined by clause 9 of rule XXI of the Rules of the
House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012
The conference agreement on the Department of Defense
Appropriations Act, 2012, incorporates some of the provisions
of both the House and the Senate versions of the bill. The
language and allocations set forth in House Report 112-110 and
Senate Report 112-77 shall be complied with unless specifically
addressed to the contrary in the accompanying bill and
explanatory statement.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
The conferees agree that for the purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law
99-177) as amended by the Balanced Budget and Emergency Deficit
Control Reaffirmation Act of 1987 (Public Law 100-119) and by
the Budget Enforcement Act of 1990 (Public Law 101-508), the
terms program, project, and activity for appropriations
contained in this Act shall be defined as the most specific
level of budget items identified in the Department of Defense
Appropriations Act, 2012, the related classified annexes and
explanatory statements, and the P-1 and R-1 budget
justification documents as subsequently modified by
congressional action. The following exception to the above
definition shall apply: for the military personnel and the
operation and maintenance accounts, for which the term
``program, project, and activity'' is defined as the
appropriations accounts contained in the Department of Defense
Appropriations Act.
At the time the President submits the budget for fiscal
year 2013, the Department of Defense is directed to transmit to
the congressional defense committees budget justification
documents to be known as the ``M-1'' and ``O-1'' which shall
identify, at the budget activity, activity group, and
subactivity group level, the amounts requested by the President
to be appropriated to the Department of Defense for military
personnel and operation and maintenance in any budget request,
or amended budget request, for fiscal year 2013.
In carrying out any Presidential sequestration, the
Department of Defense and related agencies shall conform to the
definition for ``program, project, and activity'' set forth
above except that military personnel accounts will be exempt
from sequestration per the notification made by the Director of
the Office of Management and Budget on August 10, 2011.
CLASSIFIED ANNEX
Adjustments to classified programs are addressed in the
accompanying classified annex.
CONGRESSIONAL SPECIAL INTEREST ITEMS
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' are congressional special
interest items for purposes of the Base for Reprogramming (DD
Form 1414). Each of these items must be carried on the DD Form
1414 at the stated amount, as specifically addressed in these
materials.
REPROGRAMMING GUIDANCE
The Department of Defense is directed to continue to
follow the reprogramming guidance for acquisition accounts as
specified in the report accompanying the House version of the
fiscal year 2008 Department of Defense Appropriations bill
(H.R. 110-279). For operation and maintenance accounts, the
Department of Defense shall continue to follow the
reprogramming guidelines specified in the conference report
accompanying H.R. 3222, the Department of Defense
Appropriations Act, 2008, which are also expressed under title
II of this statement. The dollar threshold for reprogramming
funds shall remain at $15,000,000 for operation and
maintenance; $20,000,000 for procurement; and $10,000,000 for
research, development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for service and defense-wide accounts in titles I, II, III, and
IV of this Act. Reports for titles III and IV shall comply with
guidance specified in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified dollar
threshold or 20 percent of the procurement or research,
development, test and evaluation line, whichever is less. These
thresholds are cumulative from the base for reprogramming value
as modified by any adjustments. Therefore, if the combined
value of transfers into or out of an operation and maintenance
(O-1), a procurement (P-1), or a research, development, test
and evaluation (R-1) line exceeds the identified threshold, the
Department of Defense must submit a prior approval
reprogramming to the congressional defense committees. In
addition, guidelines on the application of prior approval
reprogramming procedures for congressional special interest
items are established elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in the tables for each
appropriation account shall be provided only for the specific
purposes indicated in the tables.
TITLE I--MILITARY PERSONNEL
The conference agreement provides $131,090,539,000 in
Title I, Military Personnel, instead of $132,092,225,000 as
proposed by the House and $131,000,559,000 as proposed by the
Senate. The conference agreement on items addressed by either
the House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MILITARY PERSONNEL ANTI-DEFICIENCY ACT VIOLATIONS
Since 2001, the Department of Defense has had 11
violations of the Anti-Deficiency Act (ADA) in its military
personnel accounts. The conferees recognize the uncertainty
that exists in the military personnel accounts due to their
entitlement nature and the fact that resource requirements are
driven by millions of individual and organizational personnel
decisions. To further complicate management of these accounts,
a significant number of obligations are incurred in the fourth
quarter of the fiscal year. The conferees recognize the
Department's efforts to improve the management and oversight of
these accounts, but remain concerned over the Department's
failure to adequately manage the military personnel budgets.
Therefore, the recommendation includes a new general
provision requiring the Inspector General of the Department of
Defense to conduct a review of military personnel ADA
violations and their causes. Based on the findings of the
review, the Inspector General shall submit to the congressional
defense committees a report examining the Department's
budgeting and oversight of the military personnel accounts,
including recommendations for corrective actions to avoid
additional ADA violations going forward. This report should be
submitted to the congressional defense committees not later
than 180 days after enactment of this Act.
RESERVE COMPONENT BUDGET STRUCTURE
The conferees direct each of the reserve components to
provide a semi-annual detailed report to the congressional
defense committees showing transfers between subactivities
within the military personnel appropriation accounts. Reports
shall be submitted not later than 30 days following the end of
the second quarter and 30 days following the end of the fiscal
year.
EXCESS BAGGAGE FEES FOR SERVICEMEMBERS
The conferees are concerned by recent incidents in which
servicemembers on military orders deploying to or returning
from overseas contingency operations on commercial airlines
have been charged excess baggage fees. In some instances,
servicemembers were asked to pay out of their own pockets for
charges placed on checked baggage carrying U.S. military
equipment and not personal effects. Servicemembers make great
sacrifices to serve their country in dangerous wartime
conditions. They should not be asked to endure personal
financial hardships as a result of traveling to and from
overseas deployments.
Although the Department of Defense states that it has the
authority to pay for excess baggage fees and to reimburse
servicemembers for any fees they have paid, the conferees
firmly believe that servicemembers should not be burdened with
out-of-pocket expenses at all. The conferees strongly encourage
the Department to avoid entering into contract agreements with
airlines that charge excess baggage fees to servicemembers who
are traveling on military orders and are being deployed to or
returning from overseas contingency operations. In addition,
the Secretary of Defense is directed to submit a report to the
congressional defense committees not later than 90 days after
enactment of this Act on measures being taken that will prevent
servicemembers from having to pay out-of-pocket costs on
checked baggage in such instances.
Military Personnel, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
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Military Personnel, Navy
The conference agreement on items addressed by either the
House or the Senate is as follows:
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Military Personnel, Marine Corps
The conference agreement on items addressed by either the
House or the Senate is as follows:
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Military Personnel, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
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Reserve Personnel, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
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Reserve Personnel, Navy
The conference agreement on items addressed by either the
House or the Senate is as follows:
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Reserve Personnel, Marine Corps
The conference agreement on items addressed by either the
House or the Senate is as follows:
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Reserve Personnel, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
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National Guard Personnel, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
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National Guard Personnel, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
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TITLE II--OPERATION AND MAINTENANCE
The conference agreement provides $163,073,141,000 in
Title II, Operation and Maintenance, instead of
$169,975,411,000 as proposed by the House and $162,549,531,000
as proposed by the Senate. The conference agreement on items
addressed by either the House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE REPROGRAMMINGS
The Secretary of Defense is directed to submit the Base
for Reprogramming (DD Form 1414) for each of the fiscal year
2012 appropriation accounts not later than 60 days after
enactment of this Act. The Secretary of Defense is prohibited
from executing any reprogramming or transfer of funds for any
purpose other than originally appropriated until the
aforementioned report is submitted to the House and Senate
Appropriations Committees.
The Secretary of Defense is directed to use the normal
prior approval reprogramming procedures to transfer funds in
the Services' operation and maintenance accounts between O-1
budget activities in excess of $15,000,000. In addition, the
Secretary of Defense should follow prior approval reprogramming
procedures for transfers in excess of $15,000,000 out of the
following budget subactivities:
Army:
Maneuver units
Modular support brigades
Land forces operations support
Force readiness operations support
Land forces depot maintenance
Base operations support
Facilities Sustainment, Repair, and Modernization
Navy:
Aircraft depot maintenance
Ship depot maintenance
Facilities Sustainment, Repair, and Modernization
Marine Corps:
Depot maintenance
Facilities Sustainment, Repair, and Modernization
Air Force:
Primary combat forces
Combat enhancement forces
Combat communications
Facilities Sustainment, Repair, and Modernization
During fiscal year 2012, the Air Force is required to
submit written notification and justification to the
congressional defense committees not later than 30 days prior
to implementing transfers in excess of $15,000,000 out of the
following budget subactivities:
Operating forces depot maintenance
Mobilization depot maintenance
Training and recruiting depot maintenance
Administration and service-wide depot maintenance
The transfer may be implemented 30 days after
congressional notification unless an objection is received from
a congressional defense committee.
Finally, the Secretary of Defense should follow prior
approval reprogramming procedures for transfers in excess of
$15,000,000 into the following budget subactivity:
Operation and Maintenance, Army National Guard:
Other personnel support/recruiting and advertising
With respect to Operation and Maintenance, Defense-Wide,
proposed transfers of funds to or from the levels specified for
defense agencies in excess of $15,000,000 shall be subject to
prior approval reprogramming procedures.
OPERATION AND MAINTENANCE FUNDING FOR MILITARY TECHNICIANS
The House recommendation included adjustments to Army and
Air Force Reserve and National Guard operation and maintenance
accounts based on discrepancies in the number of military
technicians included in the request. The conference agreement
does not include these adjustments; however, the Department is
directed to ensure consistency in the number of military
technicians included in the request between the military
personnel appropriations in the PB-31R Personnel Summary
exhibit and noted on the OP-5 exhibit in the operation and
maintenance appropriations in the future.
STRATEGIC COMMUNICATIONS AND INFORMATION OPERATIONS/MILITARY
INFORMATION SUPPORT OPERATIONS
The conference agreement includes $224,975,000 for
Department of Defense information operations (IO)/military
information support operations (MISO) programs, instead of
$176,575,000 as proposed by the House and $300,570,000 as
proposed by the Senate. The budget request includes
$120,570,000 in title II and $180,000,000 in title IX. The
conference agreement includes all funds for these activities in
title IX of this division as proposed by the House. Of the
$120,570,000 requested in title II, the conference agreement
includes program reductions totaling $16,795,000 and transfers
the remaining $103,775,000 to title IX. The allocation of
funding by combatant command and funding levels for certain
programs is specifically delineated in the classified annex
accompanying this Act. The conferees direct that these
delineations shall be considered congressional special interest
items and be subject to normal reprogramming procedures.
The conferees agree that combatant commanders need the
ability to effectively communicate in their respective areas of
responsibility and provide adequate resources to support such
military objectives. The conferees appreciate the progress made
by the Office of the Secretary of Defense over the past three
years to define and consolidate strategic communications (SC)
and IO into a more accountable and transparent structure within
the Department and improve interagency coordination. Even with
this progress, concerns remain that some activities being
funded under IO/MISO and SC are duplicative of, or operate at
cross purposes with, other federal agencies' efforts. As the
Secretary of Defense Memorandum dated January 25, 2011
indicates, further refinements are necessary to identify IO-
related costs and develop standardized budgeting methodologies
for SC and IO-related capabilities and activities, as well as
MISO costs. In an era of declining budgets, Department of
Defense funding for these activities must be fully captured and
carefully reviewed to ensure that each request meets a primary
military requirement.
The conference agreement does not provide funds within
the fiscal year 2012 base budget for these activities, but
instead continues funding them within title IX of this
division. The conferees will consider transitioning the funding
for SC and IO/MISO programs to the base budget in fiscal year
2013 after a review of the comprehensive budget requests for
SC, IO/MISO, and IO-related capabilities and activities.
The conferees reiterate the direction included in the
House report requiring the Secretary of Defense to develop a
format for improving the budget submission for these programs
in fiscal year 2013. The submission shall include, at a
minimum, a delineation of all programs and activities, and the
funding associated with each, for all SC and IO/MISO programs
within the Department of Defense. The conferees further direct
the Secretary of Defense to follow the direction in the House
report regarding execution reports for funds provided for these
programs.
ENERGY INDEPENDENCE AND SECURITY ACT
The conference agreement does not include a provision
(House Section 10011) on the Energy Independence and Security
Act of 2007. The conferees note that the enforcement of section
526 of the Energy Independence and Security Act of 2007 may
lead to higher fuel costs for federal fleets in the absence of
competitively priced new generation fuels that emit fewer
emissions. In carrying out this statute, the Secretary of
Defense and the Service Secretaries should work to ensure that
costs associated with fuel purchases necessary to carry out the
missions of their respective departments and agencies should be
minimized to the extent possible under the law.
Operation and Maintenance, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Operation and Maintenance, Navy
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OVERHEAD COSTS AT NAVAL SHIPYARDS
One of the major themes of the Department of Defense's
fiscal year 2012 budget submission has been the generation of
efficiency savings through reduced overhead and improved
business practices. However, the Navy's own budget materials
indicate a plan to spend over $1,700,000,000 for overhead costs
at Naval shipyards in fiscal year 2012, an amount equal to 33
percent of Naval shipyard funding. The conferees believe there
are opportunities to find Naval shipyard efficiency savings and
direct the Secretary of the Navy to carefully assess shipyard
overhead costs with a goal of identifying and eliminating all
unnecessary overhead expenditures. The conferees recommend that
funding garnered from overhead savings be reapplied to ship
depot and intermediate maintenance in order to improve the
readiness of the fleet.
Operation and Maintenance, Marine Corps
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
PERSONAL PROTECTIVE EYEWEAR
The conferees do not agree to the reporting requirements
carried in the Senate report accompanying the Department of
Defense Appropriations Act, 2012 regarding the Marine Corps'
personal protective eyewear. However, the conferees remain
committed to ensuring that the Marine Corps' acquisition
program and its performance meet the standards and procedures
required for these important protective devices.
Operation and Maintenance, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
VISIBILITY OF DEPOT MAINTENANCE FUNDING
All depot maintenance funding contained in the Air
Force's fiscal year 2012 budget request has been identified,
consolidated, and displayed in the Depot Maintenance
Subactivity Group. In fiscal year 2013, all depot maintenance
funds requested in the budget must be discretely visible and
fully justified. Air Force officials have provided assurances
that contracts will be modified as necessary to include
specific accounting of depot maintenance costs and that
implementation of the Air Force's Next Generation Contractor
Logistics Support concept will provide needed data in the
required format to achieve full cost visibility and proper
accounting of depot maintenance funding in the future.
Operation and Maintenance, Defense-Wide
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Operation and Maintenance, Army Reserve
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Operation and Maintenance, Navy Reserve
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Operation and Maintenance, Marine Corps Reserve
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Operation and Maintenance, Air Force Reserve
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Operation and Maintenance, Army National Guard
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Operation and Maintenance, Air National Guard
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
United States Court of Appeals for the Armed Services
The conference agreement provides $13,861,000 for the
United States Court of Appeals for the Armed Services, as
proposed by both the House and the Senate.
Environmental Restoration
The conference agreement provides $1,517,363,000 for the
Environmental Restoration program, as proposed by the Senate,
instead of $1,467,363,000 as proposed by the House.
CONTRACT OVERSIGHT AND TRANSPARENCY
The conferees are pleased that the adoption of
performance-based contracting has led to increased efficiencies
within the Department of Defense Environmental Restoration
program. However, improved oversight and management would bring
even greater benefits. The conferees direct the Secretary of
Defense to implement measures to improve management of the
program and to institute a process by which better oversight
can be conducted of the contracting process and progress of
cleanup.
Additionally, included as part of the Defense
Environmental Program's Annual Report to Congress, the
Secretary of Defense is directed to provide the following
information: the amount of environmental restoration funding
provided to each installation during the previous year as well
as the subsequent reduction in the projected cost-to-complete
at that installation, a listing along with explanation of those
installations where the cost-to-complete is not reduced by the
corresponding amount of monetary investment, a detailed
justification regarding any increase of ten percent or more in
the projected cost-to-complete from the previous year at an
installation, and a detailed justification for any installation
in which the projected ``response complete'' date has been
delayed by a year or more from the previous year.
Environmental Restoration, Army
The conference agreement provides $346,031,000 for
Environmental Restoration, Army, as proposed by both the House
and the Senate.
Environmental Restoration, Navy
The conference agreement provides $308,668,000 for
Environmental Restoration, Navy, as proposed by both the House
and the Senate.
Environmental Restoration, Air Force
The conference agreement provides $525,453,000 for
Environmental Restoration, Air Force, as proposed by both the
House and the Senate.
Environmental Restoration, Defense-Wide
The conference agreement provides $10,716,000 for
Environmental Restoration, Defense-Wide, as proposed by both
the House and the Senate.
Environmental Restoration, Formerly Used Defense Sites
The conference agreement provides $326,495,000 for
Environmental Restoration, Formerly Used Defense Sites, as
proposed by the Senate, instead of $276,495,000 as proposed by
the House.
National Capital Region Environmental Health Study
The conferees encourage the Secretary of Defense to
support both new and ongoing public health scoping studies of
densely populated residential communities located on or near
formerly used defense sites that have conducted research and
tested chemical agents, equipment, and munitions.
Overseas Humanitarian, Disaster, and Civic Aid
The conference agreement provides $107,662,000 for
Overseas Humanitarian, Disaster, and Civic Aid, as proposed by
both the House and the Senate.
Cooperative Threat Reduction Account
The conference agreement provides $508,219,000 for the
Cooperative Threat Reduction Account, as proposed by both the
House and the Senate.
Department of Defense Acquisition Workforce Development Fund
The conference agreement provides $105,501,000 for the
Department of Defense Acquisition Workforce Development Fund
(DAWDF), as proposed by the House, instead of $175,501,000 as
proposed by the Senate, a reduction of $200,000,000 below the
request.
Along with the funding reduction due to carryover from
large unobligated balances for the past several years, the
conferees believe the Department should reassess further growth
of its acquisition workforce in light of two considerations.
First, the goal of 147,000 personnel set forth in the 2010
Human Capital Plan Update should be revisited considering
today's uncertain fiscal environment and budgetary outlook. For
example, 10 USC 1705 mandates annual funding floors for the
DAWDF--floors that exceed $1,000,000,000 in the outyears. The
conferees believe that these floors may need to be adjusted and
direct the Secretary of Defense to provide recommendations for
appropriate funding levels to the congressional defense
committees not later than 180 days after enactment of this Act.
Second, the conferees are aware that the Department has not yet
completed competency assessments for all of the functional
areas that compose this workforce, which suggests the ability
to assess the full range of required competencies within the
workforce may be limited. Having these assessments completed is
essential to understanding how best to prioritize future hiring
and to optimize workforce training. The conferees direct the
Secretary of Defense to publish a revised strategic Human
Capital Plan Update for the defense acquisition workforce not
later than August 1, 2012, detailing future workforce needs. In
so doing, the conferees expect the Secretary to ensure that
competency assessments for all functional areas that make up
the defense acquisition workforce are completed, using DAWDF
resources to facilitate this task if necessary.
To assist in the Human Capital Plan Update, the conferees
direct the Comptroller General to report on the funding
mechanisms and statutory limits established for the DAWDF
through Section 852 of the National Defense Authorization Act,
2008 and codified by 10 USC 1705 to the congressional defense
committees not later than 180 days after enactment of this Act.
The current statute should be revisited in the near term.
Absent this, the Department will be forced either to over-
commit precious resources or violate the law, neither of which
is an acceptable option. Therefore, the Comptroller General
report should include recommendations to improve the overall
funding process for the DAWDF.
TITLE III--PROCUREMENT
The conference agreement provides $104,579,701,000 in
Title III, Procurement, instead of $107,581,474,000 as proposed
by the House and $102,118,282,000 as proposed by the Senate.
The conference agreement on items addressed by either the House
or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
SPECIAL INTEREST ITEMS
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' in this report are
congressional special interest items for the purpose of the
Base for Reprogramming (DD Form 1414). Each of these items must
be carried on the DD Form 1414 at the stated amount
specifically addressed in the explanatory statement.
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
The conferees direct the Department of Defense to
continue to follow the reprogramming guidance specified in the
report accompanying the House version of the fiscal year 2006
Department of Defense Appropriations bill (H.R. 109-119).
Specifically, the dollar threshold for reprogramming funds will
remain at $20,000,000 for procurement and $10,000,000 for
research, development, test and evaluation. The Department
shall continue to follow the limitation that prior approval
reprogrammings are set at either the specified dollar threshold
or 20 percent of the procurement or research, development, test
and evaluation line, whichever is less. These thresholds are
cumulative. Therefore, if the combined value of transfers into
or out of a procurement (P-1) or research, development, test
and evaluation (R-1) line exceeds the identified threshold, the
Department of Defense must submit a prior approval
reprogramming to the congressional defense committees. In
addition, guidelines on the application of prior approval
reprogramming procedures for congressional special interest
items are established elsewhere in this statement.
REPROGRAMMING REPORTING REQUIREMENTS
The conferees direct the Under Secretary of Defense
(Comptroller) to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for Service and defense-wide accounts in titles III and IV of
this Act as required in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006.
JOINT STRIKE FIGHTER
The conference agreement reduces the budget request by
$151,000,000 for the procurement of one F-35A Conventional
Take-off and Landing aircraft, by $94,500,000 for advance
procurement of Conventional Take-off and Landing aircraft, and
by $109,000,000 for advance procurement of Carrier Variant
aircraft. Additionally, the conferees are concerned with the
cost of concurrency changes on the Joint Strike Fighter program
and provide $100,000,000 to help offset the cost of concurrency
for lot six aircraft and previously procured aircraft. The
conferees encourage the Joint Strike Fighter Team to review
processes and oversight of concurrency changes and establish a
process that will reduce the time it takes to discover a
problem, develop a solution, and implement this solution to
reduce future concurrency change costs.
The conferees recognize that, for a variety of reasons,
the Joint Strike Fighter program is burdened with what could be
the highest level of concurrency ever seen in an acquisition
program. Therefore, the conferees direct the Secretary of
Defense to provide a semi-annual report to the congressional
defense committees that shows the actual concurrency costs for
the Joint Strike Fighter program. The report showing these
actual concurrency costs shall be made available to the
Director, Cost Assessment and Program Evaluation for the
purposes of cost estimating and to develop lessons learned from
allowing programmatic concurrency, so this cost can be
considered when decisions are made regarding allowing such a
high degree of concurrency in future programs.
Aircraft Procurement, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Missile Procurement, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Procurement of Weapons and Tracked Combat Vehicles, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
M1 TANK
The conferees are aware that the Army has been reviewing
alternative courses of action for future tank production.
Options have been studied ranging from a temporary shutdown and
storage of facilities to adding funds to the tank program in
order to maintain a steady flow of new tanks and a ready
capacity in case of urgent need. Both the House and the Senate
added funds for the Abrams Upgrade Program in fiscal year 2012.
The House proposed a funding increase of $272,000,000 and the
Senate proposed a funding increase of $240,000,000. The
conference agreement provides an additional amount of
$255,000,000 above the President's request to continue
upgrading M1 tanks to the M1A2SEP variant. The additional
funding supports production of 42 additional M1A2SEP tanks. The
conferees direct the Secretary of the Army to provide a report
not later than 60 days after enactment of this Act on the plan
for the use of the additional funds, including the plan to
sustain tank production.
Procurement of Ammunition, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Other Procurement, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Aircraft Procurement, Navy
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MQ-8 UNMANNED AERIAL VEHICLE
The conference agreement provides $191,986,000 for the
procurement of 12 MQ-8 unmanned aerial vehicles and associated
support equipment. Although the budget justification materials
provided by the Navy were unclear about the MQ-8 model to be
procured, the conferees understand that the Navy will actually
procure the longer range MQ-8C variant. The conferees fully
support this decision as the longer range will provide greater
operational flexibility for the various missions the aircraft
is expected to conduct.
Weapons Procurement, Navy
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Procurement of Ammunition, Navy and Marine Corps
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Shipbuilding and Conversion, Navy
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Other Procurement, Navy
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Procurement, Marine Corps
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Aircraft Procurement, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
RETIREMENT OF B-1 AIRCRAFT
The fiscal year 2012 budget request includes a proposal
to retire six B-1 bomber aircraft. The conferees understand
that the B-1 fleet continues to operate almost constantly over
Afghanistan in support of troops on the ground and that the B-1
is a critical component of the Nation's long-range strike
capabilities. The Air Force proposed to reinvest less than 40
percent of the savings from aircraft retirements in the B-1
modernization program across the Future Years Defense Program.
The conferees are concerned that premature retirement of six B-
1 aircraft could negatively impact long-range strike
capabilities. Therefore, the conferees direct the Secretary of
the Air Force to reinvest a larger portion of savings realized
from B-1 aircraft retirements, to the extent authorized by law,
in the sustainment and modernization of the B-1 fleet.
Missile Procurement, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
SPACE ACQUISITION AND THE EVOLUTIONARY ACQUISITION FOR SPACE EFFICIENCY
ACTIVITIES
The conferees continue to support block buys of
satellites that are evolved from previous designs as described
in the ``Evolutionary Acquisition for Space Efficiency (EASE)''
concept. However, the conferees remain concerned that the
details associated with the technology insertion program are
missing in the budget justification material. Therefore, the
conferees direct that of the funds appropriated for the
Advanced Extremely High Frequency (AEHF) system Capabilities/
Affordability Insertion Program (CAIP), no more than 50 percent
shall be available for obligation until the Secretary of the
Air Force submits a report to the congressional defense
committees on the individual CAIP efforts with a description of
the technology insertion plans being pursued. Further, the
conferees direct the Secretary of the Air Force to include the
detailed budget definition for each of the CAIP efforts in the
R-3 documents for the fiscal year 2013 and future budget
submissions. The conferees also direct that not more than the
specified amounts shall be obligated for the AEHF CAIP/Space
Modernization Initiative unless the Secretary of the Air Force
notifies the congressional defense committees in writing 15
days prior to the obligation of funds which exceeds the
following amounts: $28,300,000 for cryptology parts
obsolescence; $20,000,000 for radiation hardened parts
technologies; $3,200,000 for remotely piloted aircraft concept
definition; $58,700,000 for protected military satellite
communications (MILSATCOM) designs for affordability;
$7,000,000 for hosted payloads; and $25,000,000 for MILSATCOM
architecture and support.
In addition, the conferees reiterate their opposition to
using advance appropriations for procurement of satellites and
recommend that an alternative concept be proposed in future
budget submissions.
Finally, the conferees are disappointed that it took the
Department of Defense over two years to develop a 15-year space
strategic plan. It is the intention of the conferees that such
plans be regularly developed and updated; therefore, the
conferees direct that the next 15-year space strategic plan be
delivered with the fiscal year 2014 budget submission.
Procurement of Ammunition, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Other Procurement, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Procurement, Defense-Wide
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
SM-3 BLOCK IB MISSILE
The fiscal year 2012 budget request includes $565,393,000
for the procurement of SM-3 Block IB missiles in support of
Aegis Ballistic Missile Defense. The conferees have been
informed by the Missile Defense Agency (MDA) that following a
recent flight test failure, those funds are partially ahead of
need. The conferees have also been informed that funding is
required for a failure review of the SM-3 Block IB, sustainment
of the industrial base, and the procurement of SM-3 Block IA
missiles before SM-3 Block IB missiles will be procured. The
conferees understand that the details of the specific funding
requirements are currently being analyzed by MDA and direct MDA
to submit a prior approval reprogramming request prior to
executing funds from this line.
SPECIAL OPERATIONS COMMAND AVIATION FOREIGN INTERNAL DEFENSE
The conferees are aware of ongoing reviews of the
proposed expansion of the Aviation Foreign Internal Defense
(AvFID) mission in the Special Operations Command. While these
reviews are not yet complete, the conferees believe that the
rapid expansion of this mission, as proposed in the fiscal year
2012 budget request, must be tempered. The agreement contains
reductions of $45,000,000 from procurement of AvFID fixed-wing
aircraft, $10,000,000 from procurement of an AvFID rotary-wing
aircraft simulator, and $17,607,000 from operation and
maintenance for aircraft that will not deliver until fiscal
year 2013. The agreement fully funds the procurement of two
AvFID rotary-wing aircraft and associated support equipment.
The conferees direct that no funds provided for fixed-
wing Aviation Foreign Internal Defense aircraft may be
obligated until 30 days after submission of a report by the
Commander, Special Operations Command to the congressional
defense committees describing how the funds will be used to
support the AvFID or the non-standard aviation (NSAV) missions,
a summary of AvFID and NSAV funding contained in the fiscal
year 2013 budget request and the Future Years Defense Program,
and an analysis of alternatives used to justify the described
program. The report shall be submitted not later than February
15, 2012.
Defense Production Act Purchases
The conference agreement on items addressed by either the
House or the Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
P-1 request Conference
------------------------------------------------------------------------
DEFENSE PRODUCTION ACT:
GALLIUM NITRIDE RADAR AND ELECTRONIC WARFARE 8,373 8,373
MONOLITHIC MICROWAVE INTEGRATED CIRCUITS...
GALLIUM NITRIDE ADVANCED ELECTRONIC WARFARE 2,321 2,321
MONOLITHIC MICROWAVE INTEGRATED CIRCUITS...
LITHIUM ION (LI ION) BATTERY PRODUCTION FOR 770 770
SPACE......................................
CADMIUM ZINC TELLURIDE SUBSTRATE PRODUCTION. 1,900 1,900
READ OUT INTEGRATED CIRCUIT FOUNDRY 1,200 1,200
IMPROVEMENT AND SUSTAINABILITY.............
SPACE QUALIFIED SOLAR CELL SUPPLY CHAIN..... 600 600
TRAVELING WAVE TUBE AMPLIFIERS.............. 1,310 1,310
COMPLEMENTARY METAL OXIDE SEMICONDUCTOR 1,800 1,800
FOCAL PLAN ARRAYS FOR VISIBLE SENSORS FOR
STAR TRACKERS..............................
ADVANCED PROJECTS........................... 1,690 1,690
PROGRAM INCREASE............................ ........... 150,000
-------------------------
TOTAL, DEFENSE PRODUCTION ACT............. 19,964 169,964
------------------------------------------------------------------------
LONG TERM CONTRACTS
The conferees believe that the time and money being
invested by the Department of Defense in biofuels and
alternative energy will reap dividends not only for the
Nation's armed forces, but eventually for the Nation itself.
The conferees want the Department to be in the best position
possible to take advantage of the expected breakthroughs in
this area and encourage the Department to eventually pursue
extended multi-year contracts, pursuant to the Financial
Management Regulation, for biofuels products in order to
maximize efficiencies of scale for the best purchase price.
ADDITIONAL FUNDING
The conferees recognize the critical role the Defense
Production Act program serves in strengthening the Nation's
industrial base. Therefore, the conferees provide $150,000,000
over the budget request to supplement this important program.
As stated in the Senate report, the conferees direct the Under
Secretary of Defense (Acquisition, Technology and Logistics) to
award this funding to multiple projects using full and open
competition and to notify the congressional defense committees
not later than 30 days in advance of this funding being
obligated.
TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The conference agreement provides $72,420,675,000 in
Title IV, Research, Development, Test and Evaluation, instead
of $72,983,469,000 as proposed by the House and $71,033,956,000
as proposed by the Senate. The conference agreement on items
addressed by either the House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
SPECIAL INTEREST ITEMS
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' in this report are
congressional special interest items for the purpose of the
Base for Reprogramming (DD Form 1414). Each of these items must
be carried on the DD Form 1414 at the stated amount
specifically addressed in the explanatory statement.
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
The conferees direct the Department of Defense to
continue to follow the reprogramming guidance specified in the
report accompanying the House version of the fiscal year 2006
Department of Defense Appropriations bill (H.R. 109-119).
Specifically, the dollar threshold for reprogramming funds will
remain at $20,000,000 for procurement and $10,000,000 for
research, development, test and evaluation. The Department
shall continue to follow the limitation that prior approval
reprogrammings are set at either the specified dollar threshold
or 20 percent of the procurement or research, development, test
and evaluation line, whichever is less. These thresholds are
cumulative. Therefore, if the combined value of transfers into
or out of a procurement (P-1) or research, development, test
and evaluation (R-1) line exceeds the identified threshold, the
Department of Defense must submit a prior approval
reprogramming to the congressional defense committees. In
addition, guidelines on the application of prior approval
reprogramming procedures for congressional special interest
items are established elsewhere in this statement.
REPROGRAMMING REPORTING REQUIREMENTS
The conferees direct the Under Secretary of Defense
(Comptroller) to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for service and defense-wide accounts in titles III and IV of
this Act as required in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006.
DEPARTMENT OF DEFENSE AND SERVICE CYBER ACTIVITIES
The conferees acknowledge the threat to and from the
cyber realm has been well documented; however, the resources
being expended against the threat have not. In order to better
evaluate the planning and resourcing for Department of Defense
cyber activities, the conferees direct the Commander, United
States Cyber Command, in coordination with the Secretary of
Defense and each of the Service Secretaries, to provide the
congressional defense committees separate budget justification
material, in the form of the budget documents as defined in the
Department's own Financial Management Regulation, that details
the year-to-year budgets, schedule, and milestone goals over
the Future Years Defense Program for the individual programs
that support the goals of the cyber initiative. The programs
detailed must include cyberspace operations, computer network
operations, information assurance, and full spectrum cyber
operations for the Department of Defense and the Services.
The conferees suggest that the Department continue to
refine what activities, budget lines, and programs should be
considered cyber in order to better coordinate and track these
budgets.
Research, Development, Test and Evaluation, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
ARMY MODERNIZATION AND ACQUISITION
The conferees agree with the Army's steps to improve
acquisition processes through implementation of the Decker-
Wagner Army Acquisition Review findings as well as introducing
other metrics and monthly reports to enable and strengthen
senior civilian oversight across all Army modernization
portfolios. The conferees believe continued acquisition
improvement is only achievable with a strong, stable
acquisition workforce and therefore urge the Secretary of the
Army and the Secretary of Defense to guard against misguided
efforts that shrink the acquisition workforce as was done in
the 1990s with disastrous results. The conferees also believe
that even with improvements in acquisition processes and a
stable workforce, these steps alone will not ensure that the
Army will achieve its modernization objectives.
After both the House and Senate Appropriations Committees
completed their reviews of the fiscal year 2012 budget request,
the Army provided additional information for its top-ten
priority programs. Of these top-ten programs, six programs had
undergone significant acquisition strategy modifications
causing schedule and programmatic perturbations. As a result of
these changes, the Army identified over $1,000,000,000 from its
original fiscal year 2012 budget request as excess to its
funding requirements in fiscal year 2012. Additionally, the
Army notified the congressional defense committees of over
$309,000,000 in excess funds from its budget request due to
program terminations and requested transfers of over
$282,000,000 among ten different programs. This magnitude of
change in funding across a multitude of programs, identified
after submitting the budget only ten months prior, indicates a
pervasive instability in Army programs.
While the conferees recognize that ten years of
continuous war can force out-of-cycle changes, the Army's
acquisition challenges precede the post-September 11, 2001 war
efforts. Since 1995, the Army has spent $32,000,000,000 on
development of 22 programs that were eventually cancelled. The
conferees believe this history of programmatic instability
indicates a lack of focus and discipline in the requirements
generation process that must be corrected before the Army will
see any improvement in its ability to successfully modernize.
Improvement must begin with clearly documented, stable, and
affordable requirements. The conferees are aware that Army
acquisition has taken on the responsibility of vetting each
requirement for technical maturity and affordability prior to
initiating a contract action, but the conferees are concerned
that this is a short-term correction to a larger institutional
problem with the requirements generation process.
Furthermore, while the conferees congratulate the Army on
the success of the newly implemented Network Integration
Evaluations, which ensure new equipment is interoperable,
effective, and adds benefit to deployed troops, the process has
revealed that a handful of programs would not be effective if
deployed. The evaluations are causing the Army to reevaluate,
restructure, and even terminate several programs that began
years ago with established requirements. Thus, the conferees
question the long-standing requirements process that serves as
the foundation for Army modernization. Therefore, in addition
to implementing changes identified in the Decker-Wagner Army
Acquisition Review, the Secretary of the Army is encouraged to
undertake a similar examination of the requirements generation
process.
FUTURE COMBAT SYSTEMS' SYSTEM OF SYSTEMS ENGINEERING AND PROGRAM
MANAGEMENT AND NETWORK INTEGRATION EVALUATION
The conference agreement provides $298,872,000 for the
Future Combat Systems' System of Systems Engineering and
Program Management, instead of $311,872,000 as proposed by the
House and $283,872,000 as proposed by the Senate. The conferees
note that this line now funds the Army's bi-annual Network
Integration Evaluations (NIE). The conferees support the NIE
and direct the Army to regularly update the congressional
defense committees on the cost, schedule, scope, and methods
for the tests and other associated reviews to be accomplished
in the NIE, as well as outcomes and findings. Additionally, the
conferees are aware of the savings the Army has achieved in
Future Combat Systems termination costs and the lower costs
projected for the fiscal year 2012 NIE. The conferees note that
the continued use of the former ``Future Combat Systems''
terminology has become a counter-productive distraction and
recommend updating program descriptions to improve
communications among those who review and shape defense
appropriations and to more accurately reflect the purpose for
which appropriations are requested. The conferees believe that
funding requirements for the NIE should be presented distinctly
and separately in future budget submissions.
ACTIVE AND SEMI-ACTIVE VEHICLE SUSPENSION COMPONENTS
The conferees are aware that the Army has begun the
testing and development of active and semi-active vehicle
suspension components with regenerative capabilities. The
conferees understand that this technology may improve vehicle
fuel efficiency and reduce maintenance. Accordingly, the
conferees encourage the Army to continue the testing and
development of this technology and to fully explore the
potential benefits for application across vehicle programs.
SUPPORT FOR BASE REALIGNMENT AND CLOSURE 2005 ACTIONS
The conferees support actions taken by the Army and the
Defense Logistics Agency to fully fund the integration of their
information technology systems in a timely manner to support
the 2005 Base Realignment and Closure (BRAC) Commission's
mandate to transfer re-procurement of depot level repairables.
The conferees are aware that although the BRAC Commission
determined the transfer has the potential to save millions of
dollars, the Government Accountability Office has recently
concluded that the savings are jeopardized by inadequate up-
front funding for BRAC implementation. The conferees note that
the Army's Tank and Automotive Research, Development, and
Engineering Command (TARDEC) manages the repository of all
ground vehicle technical data for the Army, and has built
infrastructure for use by all Army programs to store weapons
system technical information, drawings, and specifications. The
conferees urge that the TARDEC use funds available for this
effort to assist in meeting the 2005 BRAC recommendation for
depot-level repairable transfer.
ARMORED MULTI-PURPOSE VEHICLE
The conferees recommend $14,300,000 for the Armored
Multi-purpose Vehicle instead of $31,400,000 as proposed by the
House and no funding as proposed by the Senate. The conferees
note that the requirement to find a replacement for the M113
series of vehicles has received scant attention for too long.
The conferees believe that prompt and decisive action is needed
to select and advance a near-term solution rather than
continuing a long-term search for the perfect solution. The
conferees note that the recommendation fully funds the Analysis
of Alternatives, as requested by the Army. Subsequently, after
notification to the congressional defense committees, available
funds may be applied to expedite the acquisition effort.
GROUND COMBAT VEHICLE
The conferees recommend $449,387,000 for the Ground
Combat Vehicle, instead of $768,053,000 as proposed by the
House and $240,387,000 as proposed by the Senate. The conferees
have been informed of a change to the acquisition strategy and
note that the recommendation fully funds this revised strategy.
ARMED SCOUT HELICOPTER
The conferees recommend no funding for technology
development of the Armed Scout Helicopter (ASH), instead of
$63,690,000 as proposed by the House and $4,761,000 as proposed
by the Senate, because contrary to plans submitted with the
fiscal year 2012 budget submission, the Army does not plan to
award a technology development contract in fiscal year 2012.
The conferees recommend $15,000,000 for a flight demonstration
of ASH capabilities, as requested by the Army. The conferees
understand that this flight demonstration will occur in the
spring of 2012, and direct the Army to brief the congressional
defense committees in detail on the outcome of this
demonstration not later than 30 days after its completion.
JOINT LIGHT TACTICAL VEHICLE
The budget request includes $243,940,000 within Army and
Marine Corps accounts for the development of the Joint Light
Tactical Vehicle (JLTV). The JLTV program has undergone
significant changes since its inception and the submission of
the fiscal year 2012 budget request. The principal reason for
the changes is the discovery that the plan to acquire multiple
variants of a limited number of vehicles with demanding
performance specifications would result in an unaffordable
program for both the Army and Marine Corps. As a result, the
program will now pursue a competitively-selected single vehicle
with a less complex design on a significantly accelerated
timeline.
The conferees are encouraged to see the Army and Marine
Corps taking definitive action to change their approach in
evaluating requirements, technology, key performance
parameters, and costs as they apply to this acquisition
program. Continuing on the nine year path of studies,
development, and testing to field a lightweight tactical
vehicle that will carry four passengers and 3,500 pounds of
cargo onto the battlefield was unacceptable.
Recognizing the renewed focus and approach, the
conference agreement provides $87,300,000 in Research,
Development, Test and Evaluation, Army and $46,700,000 in
Research, Development, Test and Evaluation, Navy for continued
JLTV development, in accordance with revised estimates for the
program. The conferees strongly encourage the Army and Marine
Corps, in conjunction with the Under Secretary of Defense
(Acquisition, Technology and Logistics), to examine the
feasibility of accelerating a competition for production
through more efficient testing and acquisition practices and by
embracing off-the-shelf technology demonstrated by industry so
that improved vehicles are delivered to the warfighter as soon
as possible. Accordingly, the Army and Marine Corps are
encouraged to acquire, test, and evaluate, as necessary,
available off-the-shelf systems that meet the essential program
requirements.
Research, Development, Test and Evaluation, Navy
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Research, Development, Test and Evaluation, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
INTEGRATED AIRCREW ENSEMBLE
The conference agreement provides $3,980,000 for the
Integrated Aircrew Ensemble (IAE), a decrease of $2,000,000
below the request. The conferees understand that the IAE will
provide more fully integrated upgrades to various flight safety
gear and special protections in unique threat environments and
is not a redesign of the current flight suit. Given existing
and prospective budget constraints, the conferees urge the Air
Force to proceed with the program in a requirements-focused and
fiscally sustainable manner.
KC-46A
The conferees direct the Secretary of the Air Force to
submit the reports regarding the KC-46A required in House
Report 112-110 on a quarterly basis, with the first report to
be submitted not later than March 30, 2012.
Research, Development, Test and Evaluation, Defense-Wide
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DEFENSE ADVANCED RESEARCH PROJECTS AGENCY
The conferees recommend a total of $166,122,000 in
undistributed reductions throughout the Defense Advanced
Research Projects Agency (DARPA). The conferees direct the
Director of DARPA to provide a report to the congressional
defense committees, not later than 60 days after enactment of
this Act, detailing by program element and project the
application of each undistributed reduction.
PROMPT GLOBAL STRIKE
The fiscal year 2012 budget request includes $204,824,000
to continue the Prompt Global Strike program. The conferees
recommend $179,824,000, a reduction of $25,000,000, based on
program delays caused by two consecutive flight test failures
of the Hypersonic Technology Vehicle 2. The conferees remain
supportive of the Prompt Global Strike program and direct that
the reduction not be applied to the Advanced Hypersonic Weapon
program, which just completed a successful flight
demonstration.
SPECIAL OPERATIONS COMMAND UNDERSEA MOBILITY CONCEPTS
The fiscal year 2012 budget request includes $92,242,000
for several programs that are designed to collectively fill the
capability gap that remains following termination of the
Advanced SEAL Delivery System and its successor, the Joint
Multi-Mission Submersible. The conferees note that unobligated
prior year appropriations, combined with funds provided in the
Department of Defense Appropriations Act, 2012, would allow the
Special Operations Command (SOCOM) to award several commercial
contracts to develop a Family of Systems to meet its
requirement. The conferees direct the Commander, SOCOM to
provide separate cost estimates for the Technology Development
and Engineering and Manufacturing Development phases for each
of the projects in support of Undersea Mobility, as well as the
estimated procurement costs, with the fiscal year 2013 budget
submission.
ISRAELI COOPERATIVE PROGRAMS
The fiscal year 2012 budget request includes $106,100,000
to continue Israeli Cooperative Programs, a decrease of over
$100,000,000 from amounts appropriated in fiscal year 2011. The
conferees find the request insufficient and provide an
additional $129,600,000 to address Israel's security
requirements. Within this amount, $15,000,000 shall be used
only for the Low Rate Initial Production activities as included
in the David's Sling Weapon System project agreement between
the two governments.
MEDICAL COUNTERMEASURES INITIATIVE
The conferees recommend $101,670,000, instead of
$151,670,000 as proposed by the House and no funding as
proposed by the Senate, for the Medical Countermeasures
Initiative (MCMI) System Development and Demonstration. The
conferees support the purpose of the MCMI program but are
concerned that synergies with other government programs have
not been sufficiently explored and that the government is
creating slightly distinct, yet largely redundant capabilities.
Therefore, the conferees direct the Assistant Secretary of
Defense (Nuclear, Chemical, and Biological Defense Programs) to
continue efforts to reduce costs and program overlap.
90NM NEXT GENERATION FOUNDRY
The recommendation includes no funding for the requested
90nm Next Generation Foundry, due to the lack of justification
in support of the budget submission. However, the conferees
recognize the criticality of ensuring a safe and stable supply
of microchips to the Department of Defense and will revisit
this issue in the future.
Operational Test and Evaluation, Defense
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
TITLE V--REVOLVING AND MANAGEMENT FUNDS
The conference agreement provides $2,675,529,000 in Title
V, Revolving and Management Funds as proposed by the House,
instead of $2,262,529,000 as proposed by the Senate. The
conference agreement on items addressed by either the House or
the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Defense Working Capital Funds
The conference agreement provides $1,575,010,000 for the
Defense Working Capital Funds as proposed by the House, instead
of $1,562,010,000 as proposed by the Senate.
National Defense Sealift Fund
The conference agreement provides $1,100,519,000 for the
National Defense Sealift Fund as proposed by the House, instead
of $700,519,000 as proposed by the Senate.
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[in thousands of dollars]
------------------------------------------------------------------------
Budget
request Conference
------------------------------------------------------------------------
STRATEGIC SHIP ACQUISITION.................... 450,026 424,161
Revised Mobile Landing Platform acquisition ........... -25,865
strategy...................................
DoD MOBILIZATION ASSETS....................... 318,645 318,645
SEALIFT RESEARCH AND DEVELOPMENT.............. 48,443 48,443
READY RESERVE FORCE OPERATION AND MAINTENANCE. 309,270 309,270
-------------------------
Total, National Defense Sealift Fund...... 1,126,384 1,100,519
------------------------------------------------------------------------
TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS
The conference agreement provides $35,593,020,000 in
Title VI, Other Department of Defense Programs, instead of
$35,677,681,000 as proposed by the House and $35,628,483,000 as
proposed by the Senate. The conference agreement on items
addressed by either the House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Defense Health Program
The conference agreement provides $32,482,059,000 for the
Defense Health Program, instead of $32,347,559,000 as proposed
by the House and $32,536,070,000 as proposed by the Senate. The
conference agreement on items addressed either by the House or
the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DEFENSE HEALTH PROGRAM REPROGRAMMING PROCEDURES
The conferees remain concerned over the transfer of funds
from Direct (or In-house) Care to pay for contractor-provided
medical care. To limit such transfers and continue oversight
within the Defense Health Program operation and maintenance
account, the conferees include bill language which caps the
funds available for Private Sector Care under the TRICARE
program subject to prior approval reprogramming procedures. The
bill language and accompanying statement language included by
the conferees should not be interpreted by the Department of
Defense as limiting the amount of funds that may be transferred
to the Direct Care System from other budget activities within
the Defense Health Program. In addition, the conferees continue
to designate the funding for the Direct Care System as a
special interest item. Any transfer of funds from the Direct
(or In-house) Care budget activity into the Private Sector Care
budget activity or any other budget activity will require the
Department of Defense to follow prior approval reprogramming
procedures.
The Department shall also provide written notification to
the House and Senate Appropriations Committees of cumulative
transfers in excess of $15,000,000 out of the Private Sector
Care budget activity. The conferees further direct the
Assistant Secretary of Defense (Health Affairs) to provide
quarterly reports to the House and Senate Appropriations
Committees on budget execution data for all of the Defense
Health Program accounts and to adequately reflect changes to
the budget activities requested by the Services in future
budget submissions.
CARRYOVER
For fiscal year 2012, the conferees recommend one percent
carryover authority for the operation and maintenance account
of the Defense Health Program. The conferees direct the
Assistant Secretary of Defense (Health Affairs) to submit a
detailed spending plan for any fiscal year 2011 designated
carryover funds to the congressional defense committees not
fewer than 15 days prior to executing the carryover funds.
PEER-REVIEWED CANCER RESEARCH PROGRAM
The conference agreement provides $12,800,000 for a Peer-
Reviewed Cancer Research Program that would research cancers
not addressed in the breast, prostate, ovarian, and lung cancer
research programs currently executed by the Department of
Defense, and specifically by the U.S. Army Medical Research and
Materiel Command.
The funds provided are directed to be used to conduct
research in the following areas: melanoma and other skin
cancers, pediatric brain tumors, genetic cancer research,
pancreatic cancer, kidney cancer, blood cancer, colorectal
cancer, mesothelioma, and listeria vaccine for infectious
disease and cancer.
The funds provided under the Peer-Reviewed Cancer
Research Program shall only be used for the purposes listed
above. The Assistant Secretary of Defense (Health Affairs) is
directed to provide a report not later than 60 days after
enactment of this Act to the congressional defense committees
on the status of the Peer-Reviewed Cancer Research Program. For
each research area, the report should include the funding
amount awarded, the progress of the research, and the relevance
of the research for servicemembers and their families.
JOINT WARFIGHTER MEDICAL RESEARCH PROGRAM
The conference agreement provides $50,000,000 for the
Joint Warfighter Medical Research Program. Funds shall be used
to augment and accelerate high priority Department of Defense
and Service medical requirements and to continue prior year
initiatives that are close to achieving their objectives and
yielding a benefit to military medicine. The funds shall not be
used for new projects or for basic research. The funding shall
be awarded at the Department's discretion following a review of
medical research and development gaps, as well as unfinanced
medical requirements of the Services. Further, the conferees
direct the Assistant Secretary of Defense (Health Affairs) to
provide a report not later than 120 days after enactment of
this Act to the congressional defense committees, which lists
the projects that receive funding. The report should include
the amount of funding provided to each project and a thorough
description of each project's research.
PEER-REVIEWED MEDICAL RESEARCH PROGRAM
The conference agreement provides $50,000,000 for a Peer-
Reviewed Medical Research Program. The conferees direct the
Secretary of Defense, in conjunction with the Service Surgeons
General, to select medical research projects of clear
scientific merit and direct relevance to military health.
Research areas considered under this funding are restricted to:
arthritis, composite tissue transplantation, drug abuse,
dystonia, epilepsy, food allergies, Fragile X syndrome,
hereditary angioedema, inflammatory bowel disease, interstitial
cystitis, lupus, malaria, nanomedicine for drug delivery
science, neuroblastoma, osteoporosis and related bone disease,
Paget's disease, polycystic kidney disease, post-traumatic
osteoarthritis, scleroderma, tinnitus, and tuberculosis. The
conferees emphasize that the additional funding provided under
the Peer-Reviewed Medical Research Program shall be devoted
only to the purposes listed above.
Chemical Agents and Munitions Destruction, Defense
The conference agreement on items addressed either by the
House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
TOOELE CHEMICAL AGENT DISPOSAL FACILITY
House Report 112-110 directs the Secretary of Defense to
submit a report to the congressional defense committees
detailing the closure requirements and potential reuse of the
Tooele Chemical Agent Disposal Facility. This report is no
longer required.
Drug Interdiction and Counter-Drug Activities, Defense
The conference agreement provides $1,209,620,000 for Drug
Interdiction and Counter-Drug Activities, Defense, instead of
$1,208,147,000 as proposed by the House and $1,205,072,000 as
proposed by the Senate. The conference agreement on items
addressed either by the House or the Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
request Conference
------------------------------------------------------------------------
DRUG INTERDICTION & COUNTER-DRUG ACTIVITIES... 1,156,282 1,209,620
PC:
2360 EUCOM Tactical Analysis Team ........... -952
Support--Previously Denied New Start.....
3217 Navy Counter-Drug Activities--ROTHR-- ........... 2,290
Transfer from OP,N line 89...............
7403 National Guard Counter-Drug Program ........... 50,000
State Plans..............................
9205 EUCOM Counternarcotics Operations ........... -2,000
Support..................................
9380 Young Marines--Drug Demand Reduction ........... 4,000
------------------------------------------------------------------------
Joint Improvised Explosive Device Defeat Fund
The conference agreement on items addressed either by the
House or the Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Line request Conference
------------------------------------------------------------------------
4 STAFF AND INFRASTRUCTURE................... 220,634 0
Transfer to title IX...................... ........... -220,634
-------------------------
TOTAL, JOINT IED DEFEAT FUND.......... 220,634 0
------------------------------------------------------------------------
The conference agreement does not recommend funding for
the Joint Improvised Explosive Device Defeat Fund in the base
budget. The agreement addresses the funding requirements of the
Joint Improvised Explosive Device Defeat Organization in title
IX.
Office of the Inspector General
The conference agreement on items addressed either by the
House or the Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
request Conference
------------------------------------------------------------------------
OPERATION AND MAINTENANCE..................... 286,919 341,419
Program Increase.......................... ........... 54,500
PROCUREMENT................................... 1,000 1,000
RESEARCH, DEVELOPMENT, TEST AND EVALUATION.... 1,600 4,500
Program Increase.......................... ........... 2,900
-------------------------
TOTAL, OFFICE OF THE INSPECTOR GENERAL 289,519 346,919
------------------------------------------------------------------------
TITLE VII--RELATED AGENCIES
The conference agreement provides $1,061,591,000 in Title
VII, Related Agencies, instead of $971,925,000 as proposed by
the House and $1,107,413,000 as proposed by the Senate. The
conference agreement on items addressed either by the House or
the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
CLASSIFIED ANNEX
Adjustments to classified programs are addressed in a
separate detailed and comprehensive classified annex. The
Intelligence Community, Department of Defense, and other
organizations are expected to fully comply with the
recommendations and directions in the classified annex
accompanying the Department of Defense Appropriations Act,
2012.
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND
The conference agreement provides $513,700,000 for the
Central Intelligence Agency Retirement and Disability Fund, as
proposed by both the House and the Senate.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
The conference agreement provides $547,891,000 for the
Intelligence Community Management Account, instead of
$458,225,000 as proposed by the House and $593,713,000 as
proposed by the Senate.
TITLE VIII--GENERAL PROVISIONS
The conference agreement incorporates general provisions
from the House and Senate versions of the bill which were not
amended. Those general provisions that were addressed in
conference follow:
The conference agreement modifies a provision proposed by
the House and Senate which provides general transfer authority
not to exceed $3,750,000,000.
The conference agreement retains a provision proposed by
the Senate which prohibits the use of funds to demilitarize or
dispose of certain small firearms. The House bill contained a
similar provision but made it permanent.
The conference agreement retains a provision proposed by
the House concerning incentive payments authorized by section
504 of the Indian Financing Act (25 U.S.C. 1544). The Senate
bill contained a similar provision.
The conference agreement retains a provision proposed by
the Senate which provides funding from various appropriations
for the Civil Air Patrol Corporation. The House bill contained
a similar provision.
The conference agreement retains a provision proposed by
the Senate related to funding provided for Federally Funded
Research and Development Centers. The House bill contained a
similar provision.
The conference agreement retains a provision proposed by
the House which provides that the Office of Economic Adjustment
may use funds made available under Operation and Maintenance,
Defense-Wide to make grants and supplement other federal funds
in accordance with guidance provided. The Senate bill contained
no similar provision.
The conference agreement retains a provision proposed by
the Senate which prohibits the conversion of any activity or
function performed by civilian employees of the Department of
Defense to contractor with certain exceptions. The House bill
contained no similar provision.
The conference agreement modifies a provision proposed by
the House and the Senate recommending rescissions. The
rescissions agreed to are:
(RESCISSIONS)
2002 Appropriations:
National Defense Sealift Fund:
Ready Reserve Force............................. $20,444,000
2003 Appropriations:
National Defense Sealift Fund:
Ready Reserve Force............................. 8,500,000
2004 Appropriations:
National Defense Sealift Fund:
Ready Reserve Force............................. 6,500,000
2010 Appropriations:
Aircraft Procurement, Army:
Common Ground Equipment......................... 5,100,000
Procurement of Weapons and Tracked Combat Vehicles,
Army:
Handgun......................................... 3,379,000
Lightweight .50 Caliber Machine Gun............. 974,000
Procurement of Ammunition, Army:
Artillery Fuzes, All Types...................... 19,000,000
Scorpion, Intelligent Munitions Systems......... 2,674,000
Other Procurement, Army:
Armored Security Vehicle........................ 13,000,000
Lightweight Counter Mortar Radar................ 15,000,000
Installation Info Infrastructure Mod Program.... 5,800,000
Special Equipment for User Testing.............. 17,000,000
Explosive Ordnance Disposal Equipment........... 5,347,000
Items Less than $5 Million (ENG SPT)............ 2,500,000
Aircraft Procurement, Navy:
P-8A............................................ 90,000,000
Aircraft Procurement, Air Force:
C-130........................................... 17,471,000
T-38............................................ 11,326,000
KC-10A (ATCA)................................... 4,100,000
Missile Procurement, Air Force:
NPOESS.......................................... 3,889,000
Other Procurement, Air Force:
Global Combat Support System (DEAMS)............ 12,200,000
Procurement, Defense-Wide:
Maritime Equipment Modifications................ 716,000
2011 Appropriations:
Aircraft Procurement, Army:
Airborne Avionics............................... 21,500,000
Missile Procurement, Army:
Surface-Launched AMRAAM System.................. 99,800,000
Procurement of Weapons and Tracked Combat Vehicles,
Army:
Lightweight .50 Caliber Machine Gun............. 18,834,000
Procurement of Ammunition, Army:
Artillery Fuzes, All Types...................... 15,000,000
Other Procurement, Army
Armored Security Vehicle........................ 80,000,000
Joint Tactical Radio System..................... 70,000,000
Lightweight Counter Mortar Radar................ 80,000,000
BCT Unattended Ground Sensor.................... 14,636,000
BCT Network..................................... 74,000,000
Special Equipment for User Testing.............. 26,000,000
Ground Soldier System........................... 93,800,000
Aircraft Procurement, Navy:
P-8A............................................ 55,000,000
F-18 Series..................................... 23,000,000
Weapons Procurement, Navy:
Standard Missile Mods........................... 21,427,000
Sidewinder...................................... 2,900,000
Airborne Mine Neutralization Systems............ 9,949,000
Procurement of Ammunition, Navy and Marine Corps:
General Purpose Bombs........................... 8,612,000
Intermediate Caliber Gun Ammunition............. 19,650,000
Other Procurement, Navy
Reactor Power Units............................. 6,700,000
Navy Multiband Terminal......................... 48,600,000
Physical Security Equipment..................... 4,298,000
Shipbuilding and Conversion, Navy:
Littoral Combat Ship AP......................... 110,351,000
Aircraft Procurement, Air Force:
C-130J AP....................................... 30,000,000
F-15............................................ 31,340,000
C-130........................................... 25,000,000
B-2A (Multi Display Units)...................... 22,579,000
T-38............................................ 18,600,000
C-37A........................................... 11,731,000
C-40............................................ 10,475,000
C-32A........................................... 10,411,000
Other Production Charges (NATO)................. 17,000,000
KC-10A (ATCA)................................... 4,100,000
B-52............................................ 1,733,000
Other Production Charges (MQ-1)................. 37,244,000
Missile Procurement, Air Force:
GPS III Space Segment........................... 122,500,000
SBIRS High (Space) AP........................... 25,000,000
JASSM........................................... 46,400,000
Other Procurement, Air Force:
Tactical Air Control Party Vehicular
Communication System.......................... 26,949,000
Global Combat Support System.................... 7,733,000
Combat Training Ranges.......................... 3,700,000
Theater Battle Management Command and Control
System........................................ 1,000,000
Modular Aircrew Common Helmet................... 6,217,000
Special Update Program.......................... 2,972,000
Joint Tactical Radio System Ground Mobile Radio. 4,297,000
Procurement, Defense-Wide:
Contamination Avoidance......................... 1,626,000
Installation Force Protection................... 1,083,000
Individual Protection........................... 892,000
Collective Protection........................... 329,000
Decontamination................................. 258,000
Joint Bio Defense Program (Medical)............. 124,000
Research, Development, Test and Evaluation, Army:
FCS UAV......................................... 16,700,000
FCS UAV......................................... 6,000,000
FCS Unattended Ground Sensors................... 5,800,000
Manned Ground Vehicle--GCV...................... 45,000,000
Joint Air-to-Ground Missile..................... 49,700,000
Landmine Warfare Barrier--Scorpion.............. 24,200,000
MLRS PIP--GMLRS AW.............................. 5,700,000
Aerial Common Sensor--EMARSS.................... 24,425,000
Aerial Common Sensor--EMARSS Excess Carryover... 79,100,000
Ground Combat Vehicle--Change to Acquisition
Strategy...................................... 100,000,000
Research, Development, Test and Evaluation, Navy:
Common Mobile Aircrew Restraint System.......... 5,100,000
Multi-Purpose Bomb Rack......................... 10,000,000
FMU-164 Fuze.................................... 19,671,000
Retract Elm..................................... 5,878,000
Small Diameter Bomb............................. 2,600,000
Joint Air-to-Ground Missile..................... 7,400,000
Navy Meteorological and Ocean Sensors--Space.... 15,038,000
Research, Development, Test and Evaluation, Air
Force:........................................
JSpOC Mission System............................ 3,500,000
Space Situational Awareness Systems............. 18,000,000
Agile Combat Support............................ 2,800,000
Joint Strike Fighter............................ 85,000,000
Joint Cargo Aircraft............................ 7,750,000
Evaluation and Analysis Program................. 17,997,000
Special Evaluation System....................... 47,252,000
Combined Advanced Applications.................. 19,845,000
Defense Reconnaissance Support Activities
(SPACE)....................................... 11,800,000
Tactical Air Control Party--Mod................. 2,450,000
B-2............................................. 22,000,000
AWACS........................................... 19,700,000
Research, Development, Test and Evaluation, Defense-
Wide:
DARPA Undistributed Rescission.................. 126,589,000
DARPA Defense Research Sciences................. 1,827,000
DTRA Weapons of Mass Destruction Defeat
Technologies.................................. 10,435,000
DARPA Tactical Technology....................... 10,084,000
DARPA Materials and Biological Technology....... 1,000,000
DARPA Electronics Technology.................... 500,000
DTRA Counterproliferation Initiatives--
Proliferation Prevention and Defeat........... 11,950,000
DARPA Classified Programs....................... 4,000,000
DARPA Command, Control, and Communications
Systems....................................... 3,000,000
DARPA Space Programs and Technology............. 1,000,000
DARPA Advanced Electronics Technologies......... 1,000,000
DARPA Network-Centric Warfare Technology........ 1,000,000
MDA BMD Midcourse Defense Segment............... 23,005,000
OSD UAS Common Development...................... 3,007,000
BTA R&D Activities.............................. 6,019,000
DTRA Weapons of Mass Destruction Defeat
Capabilities.................................. 603,000
BTA DIMHRS...................................... 392,000
JIAMDO.......................................... 18,369,000
OSD Technical Studies, Support, and Analysis.... 12,321,000
OSD Policy R&D Programs......................... 3,711,000
OSD Net Centricity.............................. 3,233,000
JCS Management Headquarters..................... 239,000
ISSP............................................ 11,000,000
Defense Health Program:
Research, Development, Test and Evaluation...... 257,000
The conference agreement retains a provision proposed by
the Senate for the procurement of ball and roller bearings,
except for the purchase of ``commercial items'' as defined by
section 4(12) of the Office of Federal Procurement Policy Act
under certain limitations. The House bill contained a similar
provision as defined by section 103 of title 41, United States
Code.
The conference agreement retains a provision proposed by
the House which prohibits the use of funds to perform repairs
or maintenance of military family housing units. The Senate
bill contained no similar provision.
The conference agreement retains a provision proposed by
the Senate concerning reporting requirements for any new start
advanced concept technology demonstration project or joint
capability demonstration project. The House bill contained a
similar provision.
The conference agreement retains a provision proposed by
the House concerning a grant to the Fisher House Foundation,
Inc. The Senate bill contained no similar provision.
The conference agreement retains a provision proposed by
the Senate which makes available funds to reimburse the
Department of Homeland Security for costs associated with
processing and adjudication of applications for naturalization.
The House bill contained no similar provision.
The conference agreement retains a provision proposed by
the Senate related to funding for the Israeli Cooperative
Defense programs. The House bill contained a similar provision.
The conference agreement retains a provision proposed by
the Senate regarding Fleet Forces Command control of Navy
forces assigned to the Pacific and United States Transportation
Command operational and administrative control of C-130 and KC-
135 forces assigned to the Pacific and European Air Force
Commands. The House bill contained a similar provision but did
not include restrictions related to the Transportation Command.
The conference agreement modifies a provision proposed by
the Senate regarding the transfer of funds provided within
Research, Development, Test and Evaluation, Army and Research,
Development, Test and Evaluation, Air Force. The House bill
contained no similar provision.
The conference agreement retains a provision proposed by
the House which prohibits the use of funds for nuclear armed
interceptors of a missile defense system. The Senate bill
contained a similar provision but made it permanent.
The conference agreement retains a provision proposed by
the House which provides funding to the United Service
Organizations and the Red Cross. The Senate bill contained a
similar provision but did not provide funding to the Red Cross.
The conference agreement modifies a provision proposed by
the Senate which provides funding of up to $200,000,000 from
Operation and Maintenance, Defense-Wide, to be combined with
funds from the Department of State, should a Global Security
Contingency Fund be created. The House bill contained no
similar provision.
The conference agreement retains a provision proposed by
the House which requires submission of P-1 exhibit and R-1
exhibits for National Intelligence programs based on certain
dollar thresholds. The Senate bill contained a similar
provision.
The conference agreement retains a provision proposed by
the Senate which reduces funding appropriated in Operation and
Maintenance, Army to reflect excess cash balances in the
Working Capital Funds. The House bill contained no similar
provision.
The conference agreement retains a provision proposed by
the Senate which requires submission of a baseline for
reprogramming at the project level. The House bill contained a
similar provision which required submission of the baseline at
the subproject level.
The conference agreement modifies a provision proposed by
the House establishing prior approval reprogramming and
transfer procedures for National Intelligence Programs. The
Senate bill contained no similar provision.
The conference agreement retains a provision proposed by
the Senate which provides for the transfer of funds by the
Director of National Intelligence to other departments and
agencies for purposes of government-wide information sharing
activities. The House bill contained a similar provision.
The conference agreement retains a provision proposed by
the Senate which provides funds for transfer to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund. The House bill contained a similar
provision.
The conference agreement retains a provision proposed by
the House which extends the period of time during which claims
for retroactive stop-loss special pay may be submitted. The
Senate bill contained no similar provision.
The conference agreement modifies a provision proposed by
the House which places a limitation on the total number of
Senior Executive Service employees in the Office of the
Director of National Intelligence and requires submission of
certain reports. The Senate bill contained no similar
provision.
The conference agreement modifies a provision proposed by
the House regarding Anti-Deficiency Act violations in the
military personnel accounts. The provision requires the
Inspector General of the Department of Defense to conduct a
review of the violations and make recommendations for
corrective actions to be implemented. The Senate bill contained
no similar provision.
The conference agreement modifies a provision proposed by
the House to provide grants through the Office of Economic
Adjustment to assist the civilian population of Guam. The
Senate bill contained no similar provision.
The conference agreement modifies a provision proposed by
the House regarding parking spaces provided by the BRAC 133
project. The Senate contained no similar provision.
The conference agreement retains a provision proposed by
the House which prohibits the Secretary of the Air Force from
transferring Air Force Material Command functions until after
the Secretary transmits a report. The Senate bill contained no
similar provision.
The conference agreement modifies a provision proposed by
the House regarding reporting requirements for civilian
personnel end strength by appropriation account. The Senate
bill contained no similar provision.
The conference agreement retains a provision proposed by
the House which provides funding from Research, Development,
Test and Evaluation, Army to conduct research on alternative
energy resources for the deployed forces. The Senate bill
contained no similar provision.
The conference agreement retains a provision proposed by
the House which requires the Department to report on the
feasibility of using commercially available telecommunications
expense management solutions. The Senate bill contained no
similar provision.
The conference agreement retains a provision proposed by
the House which prohibits funds from being used to separate the
National Intelligence Program from the Department of Defense
budget. The Senate bill contained no similar provision.
The conference agreement modifies a provision proposed by
the House which provides general transfer authority of
$2,000,000,000 for funds made available for the intelligence
community. The Senate bill contained no similar provision.
The conference agreement retains a provision proposed by
the House which provides funds to construct, renovate, repair,
or expand elementary and secondary public schools on military
installations. The Senate bill contained no similar provision.
The conference agreement modifies language proposed by
the House which prohibits the use of current and prior year
funds from being used to transfer detainees from Naval Station
Guantanamo Bay, Cuba to the United States. The Senate bill
contained a similar provision.
The conference agreement modifies a provision proposed by
the House which requires certain certifications prior to the
transfer of detainees from Naval Station Guantanamo Bay, Cuba
to foreign countries. The Senate bill contained a similar
provision.
The conference agreement modifies language proposed by
the House which prohibits the use of current and prior year
funds from being used to construct, renovate, or modify U.S.
facilities to house any detainees at Naval Station Guantanamo
Bay, Cuba. The Senate bill contained a similar provision.
The conference agreement modifies a provision proposed by
the House which provides funds to conduct an assessment of the
current and prospective situation on the ground in Afghanistan
and Pakistan. The Senate bill contained no similar provision.
The conference agreement retains a provision proposed by
the House which directs the Secretary of Defense to submit a
report regarding the efficiency savings identified in the
fiscal year 2012-2016 budgets. The Senate bill contained no
similar provision.
The conference agreement modifies a provision proposed by
the House which prohibits funding from being used to enter into
agreements with corporations with unpaid tax liabilities. The
Senate bill contained no similar provision.
The conference agreement modifies a provision proposed by
the House which prohibits funding from being used to enter into
agreements with a corporation that was convicted of a federal
criminal violation in the past 24 months. The Senate bill
contained no similar provision.
The conference agreement includes a new provision which
creates a Military Intelligence Program Transfer Fund. The
House bill and Senate bill contained no similar provisions.
The conference agreement retains a provision proposed by
the House which prohibits funds from being used to violate the
Trafficking Victims Protection Act of 2000. The Senate bill
contained no similar provision.
The conference agreement retains a provision proposed by
the House which prohibits funds from being used to violate the
Child Soldier Prevention Act of 2008. The Senate bill contained
no similar provision.
The conference agreement retains a provision proposed by
the House which prohibits funds from being used to violate the
War Powers Resolution. The Senate bill contained no similar
provision.
TITLE IX--OVERSEAS CONTINGENCY OPERATIONS
The conference agreement provides $115,082,635,000 in
Title IX, Overseas Contingency Operations, instead of
$118,669,277,000 as proposed by the House and $117,583,000,000
as proposed by the Senate. The conference agreement on items
addressed by either the House or the Senate is as follows:
REPORTING REQUIREMENTS
The conferees direct that the Department continue to
report incremental contingency operations costs for Operation
New Dawn and Operation Enduring Freedom on the monthly basis in
the Cost of War Execution report as required by Department of
Defense Financial Management Regulation, Chapter 23, Volume 12.
The conferees further direct the Department to continue
providing Cost of War reports to the congressional defense
committees that include the following information by
appropriation account: funding appropriated, funding allocated,
monthly obligations, monthly disbursements, cumulative fiscal
year obligations, and cumulative fiscal year disbursements.
The conferees expect that in order to meet unanticipated
requirements, the Department of Defense may need to transfer
funds within these appropriations accounts for purposes other
than those specified in this report. The conferees direct the
Department of Defense to follow normal prior approval
reprogramming procedures should it be necessary to transfer
funding between different appropriations accounts in this
title.
MILITARY ACTIVITIES IN LIBYA
General provisions 10003 and 10017, included in the House
version of the Department of Defense Appropriations bill,
restricted the use of Department of Defense funding for certain
activities in or against Libya. The conference agreement does
not include those provisions. Since the House passage of the
Department of Defense Appropriations bill, political conditions
in Libya have changed and power has transferred to a new
regime.
As part of a greater NATO force, the United States
participated in, and took direct forceful action against the
country of Libya to topple its former regime. The action was
successful and fortunately no American lives were lost during
this incursion. However, the conferees insist that when
determining that military engagements are necessary, the
President is subject to the terms of the War Powers Resolution
(50 U.S.C. 1541 et seq.).
EXTREMIST ORGANIZATIONS
The conferees are aware that certain governments and
organizations such as the Government of Iran, Hamas, and
Hizbullah have policies and practices counter to the best
interests of the United States. The conferees reiterate that
extremist governments and organizations should not be funded by
this Act and that the conferees will closely monitor the
expenditure of funds by the Department of Defense regarding
such matters.
HUMAN RIGHTS ABUSES
The House included language directing reports on human
rights abuses. The conferees direct the initial report be
completed not later than 60 days after enactment of this Act
and quarterly throughout the fiscal year.
Military Personnel
The conference agreement provides $11,639,252,000 for
Military Personnel, instead of $10,813,624,000 as proposed by
the House and $11,657,252,000 as proposed by the Senate. The
conference agreement on items addressed by either the House or
the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Operation and Maintenance
The conference agreement provides $89,016,326,000 for
Operation and Maintenance, instead of $89,780,293,000 as
proposed by the House and $90,546,851,000 as proposed by the
Senate. The conference agreement on items addressed by either
the House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
PAKISTAN COUNTERINSURGENCY FUND
The House version of the Department of Defense
Appropriations bill included $1,100,000,000 for the Pakistan
Counterinsurgency Fund. The Senate included an appropriation
for this fund in the State, Foreign Operations, and Related
Agencies Appropriations bill. The fund is addressed in the
State, Foreign Operations, and Related Agencies Division of
this Act.
AFGHANISTAN RESOURCES OVERSIGHT COUNCIL
The conferees have modified Section 9009 of the Senate
version of the Department of Defense Appropriations bill to
include revised thresholds for contracts requiring approval of
the Afghanistan Resources Oversight Council (AROC) and other
responsibilities of the AROC. As outlined in this section, the
AROC is responsible for approving all financial and activity
plans for the Afghanistan Security Forces Fund (ASFF). The
conferees direct the AROC to establish policies, regulations,
and processes to include consideration of the extent of
competition and the relevant qualifications and eligibility of
contractors as part of the acquisition plan for major purchases
of goods and services. The conferees further direct the AROC to
establish business rules and criteria for reviewing ASFF
construction and sustainment plans for infrastructure and to
establish a plan for the oversight of contractor performance
and services and goods rendered. These are critical steps in
ensuring that proper oversight is conducted on one of the
largest Department of Defense programs.
Procurement
The conference agreement provides $13,633,461,000 for
Procurement, instead of $13,375,288,000 as proposed by the
House and $15,518,701,000 as proposed by the Senate. The
conference agreement on items addressed by either the House or
the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
NATIONAL GUARD AND RESERVE EQUIPMENT
The conference agreement provides $1,000,000,000 for
National Guard and Reserve Equipment. Of that amount,
$325,000,000 is for the Army National Guard; $315,000,000 is
for the Air National Guard; $145,000,000 is for the Army
Reserve; $75,000,000 is for the Navy Reserve; $65,000,000 is
for the Marine Corps Reserve; and $75,000,000 is for the Air
Force Reserve to meet urgent equipment needs that may arise
this fiscal year.
This funding will allow the Guard and reserve components
to procure high priority equipment that may be used by these
units for both their combat missions and their missions in
support of State governors. The conferees direct that the
National Guard and Reserve Equipment account shall be executed
by the Chiefs of the National Guard and reserve components with
priority consideration given to the following items: AB-FIST
Gunnery Trainer Upgrades; Active Noise Cancellation Systems for
ANG C-130; ANG Block 42 F-16 Engine Upgrades; ARC 210 Radios
for ANG F-16s; Batteries and Battery Support Equipment; Bradley
Modifications; C-130 Loadmaster Lookout Windows and Crashworthy
Loadmaster Seats; C-130 Secure Line of Sight and Beyond Line of
Sight Capability; CH-47 Door Gun Mounts; Chemical/Biological
Protective Shelter; Civil Support Radios; Combined Arms Virtual
Trainers; Command Posts--Tactical Operations Centers and
Standardized Integrated Command Post Systems; Communications
Aerial Platforms; External and Internal Fuel Tanks; F-15 Active
Electronically Scanned Array Radars; Field Engineering,
Logistics, and Maintenance Equipment; General Engineering
Equipment; Generation 4 Advanced Targeting Pods; HC-130
Integrated EW Suites (ALQ-213) with VECTS; Helicopter
Firefighting Equipment; Helmet Mounted Cueing Systems; HMMWV
Ambulances; Homeland Defense Communications Equipment;
Integrated Vehicle Health Management Systems; Joint Threat
Emitters; Large Aircraft Infrared Countermeasures; Light
Utility Helicopters; Lightweight Airborne Recovery Systems;
LITENING Upgrades; MRAP Vehicle Virtual Trainers; Personal
Protective Equipment and Weapons; Reduced Size Crashworthy
External and Extended Range Fuel Systems (RCEFS) for Apaches
and Chinooks; Remotely Operated Video Enhanced Receivers;
SATCOM Ground Stations; Security Force Mobility Bag Upgrades;
Self-Contained Live Fire Shooting Ranges; Shadow Tactical
Unmanned Aircraft Systems; Simulation Training Systems;
Tactical Communications Equipment; Tactical Radios; Tactical
Trailers; Thermal Imaging Systems; Unit Maintenance Aerial
Recovery Kits; Virtual Convoy Operations Trainers; Virtual Door
Gunner Trainers; and Wideband Imagery Dissemination.
MINE RESISTANT AMBUSH PROTECTED AND MRAP-ALL TERRAIN VEHICLES
The conference agreement provides $2,600,170,000 to
address Mine Resistant Ambush Protected (MRAP) vehicle and
MRAP-All Terrain Vehicle (M-ATV) requirements, as identified by
the Department of Defense. The request was reduced by an amount
previously provided by the Department of the Army to the MRAP
Joint Program Office to support operations and maintenance from
within funds available to the Army. The Department shall
continue to adhere to the execution and reporting requirements
contained in section 8122 of Public Law 110-116.
Research, Development, Test and Evaluation
The conference agreement provides $526,358,000 for
Research, Development, Test and Evaluation, instead of
$436,758,000 as proposed by the House and $581,958,000 as
proposed by the Senate. The conference agreement on items
addressed by either the House or the Senate is as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Revolving and Management Funds
The conference agreement provides $435,013,000 for the
Defense Working Capital Funds as proposed by the House, instead
of $396,513,000 as proposed by the Senate.
Other Department of Defense Programs
Defense Health Program
The conference agreement provides $1,228,288,000 for the
Defense Health Program as proposed by the Senate, instead of
$1,248,288,000 as proposed by the House. The conference
agreement on items addressed by either the House or the Senate
is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
request Conference
------------------------------------------------------------------------
OPERATION AND MAINTENANCE............... 1,228,288 1,228,288
IN-HOUSE CARE........................... 641,996 641,996
PRIVATE SECTOR CARE..................... 464,869 464,869
CONSOLIDATED HEALTH SUPPORT............. 95,994 95,994
INFORMATION MANAGEMENT.................. 5,548 5,548
MANAGEMENT ACTIVITIES................... 751 751
EDUCATION AND TRAINING.................. 16,859 16,859
BASE OPERATIONS AND COMMUNICATIONS...... 2,271 2,271
------------------------------------------------------------------------
Drug Interdiction and Counter-Drug Activities, Defense
The conference agreement provides $456,458,000 for Drug
Interdiction and Counter-Drug Activities, Defense, instead of
$469,458,000 as proposed by the House and $463,458,000 as
proposed by the Senate. The conference agreement on items
addressed by either the House or the Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
request Conference
------------------------------------------------------------------------
AFGHANISTAN AIR MOBILITY...................... 149,000 141,000
Mi-17s--Change in acquisition strategy.... ........... -8,000
COUNTER NARCOTICS POLICE AFGHANISTAN TRAINING. 46,250 46,250
COUNTER NARCOTICS POLICE AFGHANISTAN 7,000 7,000
FACILITIES...................................
AFGHANISTAN BORDER POLICE FACILITIES.......... 40,000 40,000
AFGHANISTAN BORDER POLICE TRAINING............ 32,000 32,000
AFGHANISTAN BORDER POLICE EQUIPMENT........... 2,500 2,500
OTHER PROGRAM SUPPORT--AFGHANISTAN............ 7,000 7,000
INTELLIGENCE AND TECHNOLOGY................... 49,509 44,509
CTF-Kabul HQ Facility funding no longer ........... -5,000
required.................................
PAKISTAN...................................... 40,650 30,650
Reduce program growth..................... ........... -10,000
TAJIKISTAN.................................... 27,425 27,425
TURKMENISTAN.................................. 23,800 23,800
KYRGYZSTAN.................................... 33,598 33,598
KAZAKHSTAN.................................... 9,976 9,976
UZBEKISTAN.................................... 14,750 14,750
OTHER REGIONAL PROGRAMS....................... 3,000 3,000
PROGRAM ADJUSTMENT...................... ........... -7,000
-------------------------
TOTAL, DRUG INTERDICTION AND COUNTER-DRUG 486,458 456,458
ACTIVITIES (OCO).........................
------------------------------------------------------------------------
Joint Improvised Explosive Device Defeat Fund
The conference agreement on items addressed by either the
House or the Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[in thousands of dollars]
------------------------------------------------------------------------
------------------------------------------------------------------------
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND
------------------------------------------------------------------------
1 ATTACK THE NETWORK (OCO)................... 1,368,800 936,400
Blue Devil Block 1--Transfer to RDTE,AF ........... -58,600
line 200.................................
Broad Agency Announcement S&T Response ........... -76,000
unjustified request......................
Information Fusion unjustified program ........... -17,000
growth...................................
Transfer to Staff and Infrastructure...... ........... -280,800
2 DEFEAT THE DEVICE (OCO).................... 961,200 733,400
Duraplex Antenna--Transfer to RDTE,A line ........... -10,000
62.......................................
IDD 2.0 Detection Dog--Transfer from Train ........... 4,200
the Force................................
Transfer to Staff and Infrastructure...... ........... -72,000
Program Adjustment........................ ........... -150,000
3 TRAIN THE FORCE (OCO)...................... 247,500 129,350
Train the Force Response--Duplication of ........... --18,050
Service Title 10 Responsibilities........
IDD 2.0 Detection Dog--Transfer to Defeat ........... -4,200
the Device...............................
Transfer to Staff and Infrastructure...... ........... -90,900
Program Adjustment........................ ........... -5,000
4 STAFF AND INFRASTRUCTURE (OCO)............. 0 642,834
Civilian Pay Freeze....................... ........... -1,500
Transfer from title VI.................... ........... 220,634
Transfer from Attack the Network.......... ........... 280,800
Transfer from Defeat the Device........... ........... 72,000
Transfer from Train the Force............. ........... 90,900
Program Adjustment........................ ........... -20,000
-------------------------
TOTAL, JOINT IED DEFEAT FUND.......... 2,577,500 2,441,984
------------------------------------------------------------------------
The conference agreement provides funding for the Joint
Improvised Explosive Device Defeat Organization (JIEDDO) in
title IX. The conferees believe that the requirements are war
related and should be funded through Overseas Contingency
Operations funding.
The conferees direct JIEDDO to submit to the
congressional defense committees monthly commitment,
obligation, and expenditure data by line of operation and by
year of appropriation. Further, the conferees direct JIEDDO to
submit to the congressional defense committees monthly reports
of obligation data on a project by project basis by line of
operation. The conferees also continue the direction that
JIEDDO follow standard reprogramming procedures when
transferring a cumulative amount of $20,000,000 or more between
lines of operation.
Office of the Inspector General
The conference agreement provides $11,055,000 for the
Office of the Inspector General, as proposed by both the House
and the Senate.
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
request Conference
------------------------------------------------------------------------
OPERATION AND MAINTENANCE....................... 11,055 11,055
-----------------------
TOTAL, OFFICE OF THE INSPECTOR GENERAL...... 11,055 11,055
------------------------------------------------------------------------
GENERAL PROVISIONS--THIS TITLE
The conference agreement for title IX incorporates
general provisions from the House and Senate versions of the
bill which were not amended. Those general provisions that were
addressed in conference follow:
The conference agreement retains a provision proposed by
the Senate which provides for general transfer authority within
title IX. The House bill contained a similar provision.
The conference agreement modifies a provision proposed by
the Senate concerning the Afghanistan Resources Executive
Council approval of funding for projects under the Afghanistan
Security Forces Fund, Afghanistan Infrastructure Fund, and the
Commanders Emergency Response Program. The House bill contained
a similar provision.
The conference agreement modifies a provision proposed by
the Senate concerning funding and guidelines for the Task Force
for Business and Stability Operations in Afghanistan. The House
bill contained a similar provision.
The conference agreement retains a provision proposed by
the Senate concerning transition activities of the Office of
Security Cooperation in Iraq and security assistance teams. The
House bill contained a similar provision.
The conference agreement modifies a provision proposed by
the Senate which reduces funding from title IX military
personnel and operation and maintenance accounts to reflect
reduced troop strength in theater. The House bill contained no
similar provision.
The conference agreement modifies a provision proposed by
the House and the Senate recommending rescissions. The
rescissions agreed to are:
(RESCISSIONS)
2010 Appropriations:
Overseas Contingency Operations Transfer Fund:
Unobligated Balances............................ $356,810,000
Procurement of Ammunition, Army:
Non-Lethal Capabilities......................... 20,000,000
Artillery Fuzes, All Types...................... 1,000,000
Other Procurement, Air Force:
Intelligence Comm Equipment..................... 2,250,000
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DIVISION B--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2012 JOINT
EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The language and allocations set forth in House Report 112-
118 and Senate Report 112-75 should be complied with unless
specifically addressed to the contrary in the conference report
and statement of managers. Report language included by the
House which is not contradicted by the report of the Senate or
the conference, and Senate report language which is not
contradicted by the report of the House or the conference is
approved by the committee of conference. The statement of
managers, while repeating some report language for emphasis,
does not intend to negate the language referred to above unless
expressly provided herein. In cases where both the House report
and Senate report address a particular issue not specifically
addressed in the conference report or joint statement of
managers, the conferees have determined that the House report
and Senate report are not inconsistent and are to be
interpreted accordingly. In cases in which the House or Senate
have directed the submission of a report, such report is to be
submitted to both the House and Senate Committees on
Appropriations.
Funds for the individual programs and activities within the
accounts in this Act are displayed in the detailed table at the
end of the explanatory statement for this Act. Funding levels
that are not displayed in the detailed table are identified in
this explanatory statement.
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The summary tables included in this title set forth the
dispositions with respect to the individual appropriations,
projects, and activities of the Corps of Engineers. The
conference agreement includes no new starts as proposed by the
House and Senate. Additional items of the Act are discussed
below.
INVESTIGATIONS
The conference agreement provides $125,000,000 for
Investigations as proposed by the Senate, instead of
$104,000,000 as proposed by the House. The Act does not include
language regarding expenditure of funds as proposed by the
House.
The allocation for projects and activities within the
Investigations account is shown in the following table:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Additional Funding for Ongoing Work.--The fiscal year 2012
budget request does not reflect the extent of need for project
studies funding. The Corps has numerous continuing studies that
will be suspended under the limits of the budget request. These
studies could lead to projects with significant economic
benefits, particularly by increasing national competitiveness
through marine transportation improvements and by avoiding
damages caused by flooding and coastal storms. The conference
agreement includes additional funds to continue ongoing
studies. While this additional funding is shown in the
feasibility column, the Corps should utilize these funds in any
applicable phase of work. The intent of these funds is for
ongoing work that either was not included in the
Administration's request or was inadequately budgeted. In no
case shall funds be used to initiate new studies within this
account.
A study shall be eligible for this funding if it has
received funding, other than through a reprogramming, in at
least one of the previous three fiscal years. Funding
associated with each category may be allocated to any eligible
study within that category; funding associated with each
subcategory may be allocated only to eligible studies within
that subcategory. The list of subcategories is not meant to be
exhaustive. The conferees direct that priority in allocating
these funds be given to completing or accelerating ongoing
studies which will enhance the nation's economic development,
job growth and international competitiveness, or are for
projects located in areas that have suffered recent natural
disasters.
Within 45 days of enactment of this Act, the Corps shall
provide to the House and Senate Committees on Appropriations a
work plan delineating how these funds are to be distributed and
in which phase the work is to be accomplished. A document
providing the Administration's criteria for justifying the
funding decisions made shall accompany this work plan. No funds
shall be obligated for any project under this program which has
not been justified in such a report.
Water Resources Principles and Guidelines.--No funds are
provided for the line item proposed for Water Resources
Principles and Guidelines, as this is considered a new start.
No funds provided to the Corps shall be used to develop or
implement rules or guidance if an update or replacement to the
document dated March 10, 1983, and entitled ``Economic and
Environmental Principles and Guidelines for Water and Related
Land Resources Implementation Studies'' is finalized during the
fiscal year period covered by the Energy and Water Development
Act for 2012. The Corps shall continue to use the Water
Resources Principles and Guidelines in effect as of the date of
enactment of this Act during that same period.
CONSTRUCTION
The conference agreement provides $1,694,000,000 for
Construction, instead of $1,565,191,000 as proposed by the
House and $1,610,000,000 as proposed by the Senate. The Act
does not include a rescission of $50,000,000 as proposed by the
House. The Act does not include language regarding expenditure
of funds as proposed by the House.
The allocation for projects and activities within the
Construction account is shown in the following table:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Napa River, Salt Marsh Restoration, California.--The
conferees support language in the Senate report regarding this
project.
Savannah Harbor Expansion, Georgia.--The budget request for
this item that was proposed in the Investigations account has
been moved to this account where it has been funded for the
past 3 fiscal years.
Chicago Sanitary and Ship Canal Dispersal Barrier,
Illinois.--The budget request includes funding for this project
in both the Construction and Operation and Maintenance
accounts. Since the submission, however, the Corps informed the
Committees that the entire amount is required in the
Construction account and no funding is needed in the Operation
and Maintenance account. The conference agreement accommodates
this shift in funding.
Norfolk Harbor, Craney Island, Virginia.--The conferees
support language in the Senate report regarding this project.
Additional Funding for Ongoing Work.--The Corps has
ongoing, authorized Construction projects that would cost tens
of billions of dollars to complete, yet the Administration
continues to request a mere fraction of the funding necessary
to complete those projects. The conference agreement includes
additional funds to continue ongoing projects and activities to
enhance the nation's economic growth and international
competitiveness. The intent of these funds is for ongoing work
that either was not included in the Administration's request or
was inadequately budgeted. None of these funds may be used to
start new projects. None of these funds shall be used for
projects in the Continuing Authorities Program. Funding
associated with each category may be allocated to any eligible
project within that category; funding associated with each
subcategory may be allocated only to eligible projects within
that subcategory. The list of subcategories is not meant to be
exhaustive.
The Corps shall evaluate all ongoing projects that have
received funding, other than through a reprogramming, in at
least one of the previous three fiscal years. Priority in
allocating these funds should consider the following: number of
jobs created directly by the funded activity; the benefits of
the funded work to the national economy; ability to obligate
the funds allocated within the fiscal year, including
consideration of the ability of the non-federal sponsor to
provide any required cost-share; ability to complete the
project, separable element, or project phase within the funds
allocated; for flood and storm damage reduction, population at
risk and economic activity or public infrastructure at risk;
and for navigation, number of jobs or level of economic
activity to be supported by completion of the project,
separable element, or project phase.
Within 45 days of enactment of this Act, the Corps shall
provide to the House and Senate Committees on Appropriations a
work plan delineating how these funds are to be distributed. A
document detailing the Administration's specific criteria and
project evaluations used to justify the funding decisions shall
accompany this work plan. No funds shall be obligated for any
project under this program which has not been justified in such
a report.
Continuing Authorities Program.--The conferees believe the
various sections of the Continuing Authorities Program provide
a useful tool for the Corps to undertake small localized
projects without the lengthy study and authorization process
typical of most larger Corps projects. The conference agreement
rejects the Administration's proposal to reprogram prior-year
appropriations to fund only sections 111, 204, 206, and 1135 in
fiscal year 2012. Instead a total of $49,430,000 is provided
for eight CAP sections. The management of the program should
continue consistent with the guidelines outlined in the Senate
report.
Inland Waterways Users Board.--The conferees note that the
terms of all members of the Inland Waterways Users Board (IWUB)
have expired and no appointments to reconstitute the Board have
been forthcoming from the Secretary of the Army. The IWUB was
created by Congress in the 1986 Water Resources Development Act
for the express purpose of providing expert advice to the U.S.
Army Corps of Engineers and to the Congress on the
implementation of the inland waterways navigation
infrastructure modernization programs. This aging system is
vital to the movement of commerce. The conferees direct the
Secretary of the Army to act on the appointments to the IWUB as
expeditiously as possible.
MISSISSIPPI RIVER AND TRIBUTARIES
The conference agreement provides $252,000,000 for
Mississippi River and Tributaries, instead of $210,000,000 as
proposed by the House and $250,000,000 as proposed by the
Senate. The Act does not include language regarding expenditure
of funds as proposed by the House.
The allocation for projects and activities within the
Mississippi River and Tributaries account is shown in the
following table:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Additional Funding for Ongoing Work.--After a flood such as
was experienced this year on the Mississippi River, the value
of prior investments in the Mississippi River and Tributaries
Project cannot be disputed. Yet considerable work remains to
complete this vital project in the heart of our nation. The
budget request reflects neither the need nor the importance of
this project. Therefore, the conferees provide additional funds
to continue ongoing studies, projects or maintenance. The
conferees direct that these funds be used for flood control,
navigation, water supply, ground water protection, waterfowl
management, bank stabilization and environmental restoration
work. The intent of these funds is for ongoing work primarily
along the Mississippi River tributaries that either was not
included in the Administration's request or was inadequately
budgeted. While this additional funding is shown under
remaining items, the Corps should utilize these funds in any
applicable phase of work. None of these funds may be used to
start new projects or activities.
The conferees direct that priority in allocating these
funds be given to completing or accelerating ongoing work which
will enhance the region and Nation's economic development, job
growth and international competitiveness, or is located in
areas that have suffered recent natural disasters. Within 45
days of enactment of this Act, the Corps shall provide to the
House and Senate Committees on Appropriations a work plan
delineating how these funds are to be distributed. A document
providing the Administration's criteria for justifying the
funding decisions made shall accompany this work plan. No funds
shall be obligated for any project under this program which has
not been justified in such a report.
OPERATION AND MAINTENANCE
The conference agreement provides $2,412,000,000 for
Operation and Maintenance, instead of $2,368,925,000 as
proposed by the House and $2,360,000,000 as proposed by the
Senate. The Act includes legislative language proposed by the
House directing the Corps to allocate no more than 99 percent
of the funds provided in this Act for Operation and Maintenance
prior to the fourth quarter. This measure is intended to allow
Headquarters flexibility to respond to national emergencies.
The Act does not include language regarding expenditure of
funds as proposed by the House.
The allocation for projects and activities within the
Operation and Maintenance account is shown in the following
table:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Additional Funding for Ongoing Work.--The fiscal year 2012
budget request does not fund operation, maintenance, and
rehabilitation of our nation's aging infrastructure
sufficiently to ensure continued competitiveness in a global
marketplace. Federal navigation channels maintained at only a
fraction of authorized dimensions, and navigation locks and
hydropower facilities well beyond their design life result in
economic inefficiencies and risks infrastructure failure, which
cause substantial economic losses. The conferees believe that
investing in operation, maintenance, and rehabilitation of
infrastructure today will save taxpayers money in the future.
The conference agreement includes additional funds to
continue ongoing projects and activities. The intent of these
funds is for ongoing work that either was not included in the
Administration's request or was inadequately budgeted. None of
these funds may be used to start new projects or programs. The
conferees direct that priority in allocating these funds be
given to completing ongoing work maintaining authorized depths
and widths of harbors and shipping channels, including where
contaminated sediments are present, and for addressing critical
maintenance backlog. Particular emphasis should be placed on
projects where there is a U.S. Coast Guard presence; that will
enhance national, regional, or local economic development; or
that will promote job growth or international competitiveness.
The conferees are concerned that the Administration's
criteria for navigation maintenance does not allow small,
remote, or subsistence harbors and waterways to properly
compete for scarce navigation maintenance funds. The conferees
urge the Corps to revise the criteria used for determining
which navigation maintenance projects are funded in order to
develop a reasonable and equitable allocation under this
account. The criteria should include the economic impact that
these projects provide to local and regional economies, in
particular, those with national defense or public health and
safety importance.
Funding associated with each category may be allocated to
any eligible project within that category; funding associated
with each subcategory may be allocated only to eligible
projects within that subcategory. The list of subcategories is
not meant to be exhaustive. Priority in allocating these funds
should consider the following: number of jobs created directly
by the funded activity; benefits to the local, regional or
national economy; ability to obligate the funds allocated
within the fiscal year; ability to complete the project,
separable element, or project phase within the funds allocated;
and risk of imminent failure or closure of the facility.
Within 45 days of enactment of this Act, the Corps shall
provide to the House and Senate Committees on Appropriations a
work plan delineating how these funds are to be distributed. A
document providing the Administration's criteria for justifying
the funding decisions made shall accompany this work plan. No
funds shall be obligated for any project under this program
which has not been justified in such a report.
Coastal and Ocean Systems Data.--The conferees have
provided funding to ensure the maintenance of wave observations
and the expansion of the national wave monitoring network as
outlined in the National Operational Wave Observation Plan.
Funds are also included for continuation of integrated long-
term beach surveys to monitor shoreline risk.
REGULATORY PROGRAM
The conference agreement provides $193,000,000 for the
Regulatory Program as proposed by the Senate, instead of
$196,000,000 as proposed by the House. The Act includes
language making funds available until September 30, 2013, as
proposed by the Senate.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
The conference agreement provides $109,000,000 for the
Formerly Utilized Sites Remedial Action Program as proposed by
the House and Senate. The Corps is directed to prioritize sites
that are nearing completion. Within the funds provided in
accordance with the budget request, the Corps is directed to
complete the Remedial Investigation/Feasibility Study of the
former Sylvania nuclear fuel site at Hicksville, New York, and,
as appropriate, to proceed expeditiously to a Record of
Decision and initiation of any necessary remediation in
accordance with the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA).
FLOOD CONTROL AND COASTAL EMERGENCIES
The conference agreement provides $27,000,000 for Flood
Control and Coastal Emergencies as proposed by the House and
Senate.
EXPENSES
The conference agreement provides $185,000,000 for
Expenses as proposed by the Senate, instead of $177,640,000 as
proposed by the House. The Act includes language making funds
available until September 30, 2013, as proposed by the Senate.
Within the funds provided, the Institute for Water Resources is
directed to submit to the Senate and House Committees on
Appropriations within 180 days of enactment of this Act, a
report on how the Congress should address the critical need for
additional port and inland waterway modernization to
accommodate post-Panamax vessels. This study will not impede
nor delay port or inland waterway projects already authorized
by Congress. Factors for consideration should include costs
associated with deepening and widening deep-draft harbors; the
ability of the waterways and ports to enhance the nation's
export initiatives benefitting the agricultural and
manufacturing sectors; the current and projected population
trends that distinguish regional ports and ports that are
immediately adjacent to population centers; the availability of
inland intermodal access; and the environmental impacts
resulting from the modernization of inland waterways and deep-
draft ports.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
The conference agreement provides $5,000,000 for the Office
of the Assistant Secretary of the Army for Civil Works as
proposed by the House and Senate. The Act includes language
making funds available until September 30, 2013, as proposed by
the Senate.
ADMINISTRATIVE PROVISION
The conference agreement includes a provision relating to
the replacement and hire of passenger motor vehicles as
proposed by the House and Senate.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement includes a provision proposed by
the Senate relating to reprogramming. The House proposed a
similar provision.
The conference agreement does not include a provision
proposed by the Senate regarding implementation of competitive
sourcing or High Performance Organizations. The House proposed
no similar provision.
The conference agreement includes a provision proposed by
the House prohibiting the use of funds to carry out any
contract that commits funds beyond the amounts appropriated for
that program, project, or activity. The Senate proposed no
similar provision.
The conference agreement includes a provision proposed by
the House relating to continuing contracts and the Inland
Waterway Trust Fund. The Senate proposed a similar provision.
The conference agreement includes a provision proposed by
the Senate relating to report notifications. The House proposed
a similar provision.
The conference agreement includes a provision proposed by
the Senate providing the Corps of Engineers authorization for
emergency measures to exclude Asian carp from the Great Lakes.
The House proposed a similar provision. The conferees do not
consider hydrologic separation of the Great Lakes Basin from
the Mississippi River Basin to be an emergency measure
authorized by this Act. The issue should be fully studied by
the Corps of Engineers and considered by the appropriate
congressional committees.
The conference agreement includes a provision proposed by
the House and Senate authorizing the transfer of funds to
facilitate progress on the Greater New Orleans Hurricane and
Storm Damage Risk Reduction System.
The conference agreement includes a provision proposed by
the House and Senate authorizing the transfer of funds to the
Fish and Wildlife Service to mitigate for fisheries lost due to
Corps of Engineers projects.
The conference agreement does not include a provision
proposed by the House regarding implementation of revised
guidance on determining jurisdiction under the Clean Water Act.
The Senate proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate authorizing employees to serve on an international
commission. The House proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate authorizing the acquisition of real property for the
Cold Regions Research and Engineering Laboratory. The House
proposed no similar provision.
The conference agreement includes a provision proposed by
the House regarding the relocation of any regional division
headquarters located at a military installation. The Senate
proposed no similar provision.
The conference agreement includes a provision proposed by
the House regarding additional authority for the Corps to
accept funding from non-federal sponsors for authorized federal
projects. The Senate proposed no similar provision. The
conferees do not expect these changes to result in more
architect-engineer design work being undertaken by Corps
personnel. The conferees expect the Corps to continue its
contracting efforts for such services as in prior years.
The conference agreement does not include a provision
proposed by the Senate regarding restrictions on the use or
maintenance of any federal dredge. The House proposed no
similar provision.
The conference agreement does not include a provision
proposed by the Senate relating to maintenance standards for
the federal dredging fleet. The House proposed no similar
provision.
The conference agreement does not include a provision
proposed by the Senate relating to health and safety
improvements to the dredge ``McFarland''. The House proposed no
similar provision.
The conference agreement modifies a provision proposed by
the Senate relating to deed restrictions in Benton County,
Washington. The House proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate deauthorizing a portion of the Block Island Harbor
of Refuge in Rhode Island. The House proposed no similar
provision.
The conference agreement includes a provision proposed by
the Senate relating to improvements to installations and
facilities of the Engineer Research and Development Center. The
House proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate relating to the disposition of acquired land in the
Passaic River Basin in New Jersey. The House proposed no
similar provision.
The conference agreement modifies a provision proposed by
the Senate relating to disposal sites in Long Island Sound. The
House proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate deauthorizing a portion of the Newport Harbor in
Rhode Island. The House proposed no similar provision.
The conference agreement includes a provision proposed in
Title VI of the House bill relating to FERC Project number
2342. The Senate proposed no similar provision.
The conference agreement includes a provision proposed in
Title VI of the House bill prohibiting funds for the Missouri
River Authorized Purposes Study. The Senate proposed no similar
provision.
The conference agreement includes a provision proposed in
Title VI of the House bill relating to section 5018(a)(1) of
the Water Resources Development Act of 2007 regarding Missouri
River Recovery. The Senate proposed no similar provision. The
conferees are aware of the challenges associated with water
management in the Missouri River Basin and urge all parties to
work cooperatively in addressing these issues.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
The conference agreement provides a total of $28,704,000
for the Central Utah Project as proposed by the House, instead
of $28,991,000 as proposed by the Senate.
Bureau of Reclamation
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides $895,000,000 for Water
and Related Resources, instead of $822,300,000 as proposed by
the House and $885,670,000 as proposed by the Senate. The Act
does not include a restriction on projects carried out by the
Youth Conservation Corps (YCC) as proposed by the House, but
the conferees direct the Bureau of Reclamation to report to the
House and Senate Committees on Appropriations by January 1,
2015, on the use of the YCC for carrying out Reclamation
projects. The Act does not include language regarding
expenditure of funds as proposed by the House.
The conference agreement for Water and Related Resources
is shown in the following table:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Indian Water Rights Settlements.--The conference
agreement includes funds for these activities in the Water and
Related Resources account as proposed by both the House and
Senate, instead of in a separate account as proposed in the
budget request.
San Joaquin River Restoration.--The conference agreement
does not include a separate account for this item. Funding is
included in the Water and Related Resources account as a
separate line item under the Friant Division of the Central
Valley Project. The conferees note that the San Joaquin River
Restoration Settlement Act has two goals: to restore and
maintain fish populations in good condition and to reduce or
avoid adverse water supply impacts to long-term contractors and
other water users. The conferees direct the Bureau of
Reclamation to continue to work with all relevant state and
federal agencies, settlement parties, and third party interests
to address all concerns so the mutual goals of the Settlement
Act can be achieved.
Arthur Bowman Dam.--The conference agreement includes
House direction regarding hydropower development at Arthur
Bowman Dam located in Crook County, Oregon.
Buried Metallic Water Pipe.--The conferees are aware of
several concerns regarding implementation and review of
Reclamation's Technical Memorandum 8140-CC-2004-1 (``Corrosion
Considerations for Buried Metallic Water Pipe''). Specifically,
the conferees are concerned that Reclamation's use of this
memorandum may be holding different materials to different
standards of reliability and increasing project costs
unnecessarily. Therefore, Reclamation should not use the
memorandum as the sole basis to deny funding or approval of a
project or to disqualify any material from use in highly
corrosive soils. Additionally, the conferees direct Reclamation
to follow the recommendation of the National Academy of
Sciences to assemble data on pipeline reliability for all types
of pipe specified in Table 2 of Technical Memorandum 8140-CC-
2004-1 along with the specified corrosion protection applied in
the various soil types (``Review of the Bureau of Reclamation's
Corrosion Prevention Standards for Ductile Iron Pipe'' (2009))
and to conduct an analysis of the performance of these types of
pipe installed in the same or similar conditions. This review
should also include an analysis of the economics, cost-
effectiveness and life-cycle costs associated with the various
materials under evaluation.
Additional Funding for Water and Related Resources
Work.--The conference agreement includes additional funds as
proposed by the Senate. The conferees direct that priority in
allocating these funds should be to advance and complete
ongoing work, improve water supply reliability, improve water
deliveries, enhance regional or local economic development,
promote job growth or for critical backlog maintenance and
rehabilitation activities. Within 30 days of enactment,
Reclamation shall provide to the House and Senate Committees on
Appropriations a report delineating how these funds are to be
distributed, in which phase the work is to be accomplished, and
an explanation of the criteria and rankings used to justify
each allocation. This report shall also include the
reassessment of allocation among rural water systems as
directed by the House.
CENTRAL VALLEY PROJECT RESTORATION FUND
The conference agreement provides $53,068,000 for the
Central Valley Project Restoration Fund, as proposed by the
House and Senate.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides $39,651,000 for the
California Bay-Delta Restoration program as proposed by the
Senate, instead of $35,928,000 as proposed by the House.
POLICY AND ADMINISTRATION
The conference agreement provides $60,000,000 for Policy
and Administration as proposed by the House and Senate. The Act
includes language making funds available until September 30,
2013, as proposed by the Senate.
ADMINISTRATIVE PROVISION
The conference agreement includes a provision limiting
the Bureau of Reclamation to purchase not more than five
passenger vehicles for replacement only, as proposed by the
House.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
The conference agreement includes a provision proposed by
the Senate outlining the circumstances under which the Bureau
of Reclamation may reprogram funds. The House proposed a
similar provision.
The conference agreement includes a provision proposed by
the House and Senate regarding the San Luis Unit and the
Kesterson Reservoir in California.
The conference agreement does not include a provision
proposed by the House permanently rescinding mandatory funds
from the San Joaquin River Restoration Fund. The Senate
proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate regarding the Lake Mead/Las Vegas Wash Program. The
House proposed no similar provision.
The conference agreement modifies a provision proposed by
the Senate extending authorizations under the Water
Desalination Act of 1996. The House proposed no similar
provision.
The conference agreement includes a provision proposed by
the Senate regarding the Bay Delta Conservation Plan. The House
proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate regarding participation in non-federal groundwater
banking programs. The House proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate regarding water transfers in California. The House
proposed no similar provision.
The conference agreement does not include a provision
proposed by the Senate regarding expenditure of mandatory funds
under the San Joaquin River Restoration Fund. The House
proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate regarding the Desert Terminal Lakes Program. The
House proposed no similar provision.
TITLE III
DEPARTMENT OF ENERGY
The summary tables at the end of this title set forth the
dispositions with respect to the individual appropriations,
programs, and activities of the Department of Energy.
Additional items in the Act are discussed below.
The conference agreement provides $25,748,081,000 for the
Department of Energy, instead of $24,722,046,000 as proposed by
the House and $25,548,976,000 as proposed by the Senate, to
fund programs in its five primary mission areas: science,
energy, environment, nuclear non-proliferation and national
security.
Contractor Pensions and Benefits.--The conferees support
actions taken to improve headquarters oversight of contractor
pensions and other post-retirement benefits. Given the
government has assumed the long-term liability for pension
costs, the conferees encourage the Department to evaluate
alternatives to contractually formalize requirements for the
management of pension and other post-retirement benefits.
Instead of the House direction on reporting requirements for
pensions and prohibition on contribution amounts, the conferees
direct the Department to report current plan status, funding
ratios, reimbursement levels, projected plan status at budgeted
levels, and any updates to funding ratios and contributions
with or as supplemental information to the budget request. This
information should be updated in April and September of each
year. Changes to expected contribution levels should be clearly
explained and the Department should note any changes in plan
management that have impacted contribution amounts. Any funding
request which proposes a contribution in excess of the minimum
ERISA or Pension Protection Act requirements should include a
detailed justification.
Nuclear Safety.--Instead of the House direction for a
safety review of all cleanup sites, the conferees direct the
Secretary of Energy to review all Department of Energy nuclear
facility construction projects with a total project cost
greater than $1,000,000,000 to determine if those projects are
being managed in a way which could pressure contractors or
Department managers to disregard nuclear safety in order to
demonstrate acceptable project performance. The review should
investigate contract management, including the award of
contractor fee, project management practices, and the framing
of program and policy goals to evaluate if Department practices
have complicated efforts to foster a positive nuclear safety
culture or resolve nuclear safety-related design issues. The
Secretary shall report to the House and Senate Committees on
Appropriations no later than May 1, 2012, on improvements to
contracting and other management practices which will assist
Department managers in ensuring that design flaws and safety
issues do not go ignored or unrecognized.
H-Canyon.--Instead of the House requirement to provide
funding to the National Academy of Sciences, the Department
shall conduct its own review to explore the full range of
potential uses for the chemical processing areas of H-Canyon at
the Savannah River Site and report back to the House and Senate
Committees on Appropriations within 3 months of enactment of
this Act. The options considered should not be limited to uses
by the Office of Environmental Management, but should
incorporate uses which may contribute to meeting the goals of
other program offices within the Department of Energy and the
National Nuclear Security Administration.
Exascale Computing.--The conferees support the
Department's initiative to develop exascale computing as a
crucial component of long-term U.S. leadership, but are
concerned that the Department has not yet developed an
integrated strategy and program plan. The Department is
directed to submit to the House and Senate Committees on
Appropriations, not later than February 10, 2012, a joint,
integrated strategy and program plan for the crosscutting
effort to develop exascale computing that includes:
--a target date for developing an operational
exascale platform;
--interim milestones toward reaching that target;
--minimum requirements for an exascale system,
including power consumption efficiency goals;
--multi-year budget estimates for the exascale
initiative and costs of meeting each interim milestone;
--clear roles and responsibilities for each office
involved in exascale research and development; and
--a complete listing of exascale activities included
in the fiscal year 2013 budget request broken out by
program, project and activity with comparisons to the
current year's funding levels.
Energy Innovation Hubs.--For each Energy Innovation Hub
funded in this Act, the Department is directed to deliver to
the House and Senate Committees on Appropriations, not later
than 120 days after enactment of this Act, a report detailing
milestones and performance goals for the end of each of the
Hub's five fiscal years, and specific milestones and
performance criteria the Hub must meet to be considered for a
second five-year term. For Hubs established in prior fiscal
years, the report shall include current performance against
planned milestones, and a summary of progress against plans for
staffing and facilities. For new Hubs, the report shall include
a plan and timeline for selecting an awardee.
PCAST Recommendations.--The conferees direct the
Secretary of Energy, within 6 months of enactment of this Act,
to submit a report detailing how the Department has or will
implement in all Energy Programs the following features that
have been used successfully in ARPA-E and highlighted by the
President's Council of Advisors on Science and Technology:
--a rigorous review process;
--contract or grant negotiations completed in just a
few months;
--co-location within the program offices of such
support functions as procurement, contracts, human
resources, and information technology services; and
--an agile and innovative workforce.
Reprogramming Requirements
The conference agreement carries the Department's
reprogramming authority in statute to ensure that the
Department carries out its programs consistent with
congressional direction, as proposed by the House. This
modified provision includes reprogramming authority internal to
each account, as long as no program, project or activity is
increased or decreased by more than $5,000,000 or 10 percent,
compared to the levels included in the ``Conference'' column in
the ``Department of Energy'' table included under the heading
``Title III--Department of Energy'' in this joint explanatory
statement. No new transfer authority between accounts other
than that explicitly granted in this Act is included or
implied. The conferees expect the Department to use this
additional flexibility to improve budget execution, meet
emergent program needs, and reduce program costs. For
reallocations above the $5,000,000 or 10 percent cumulative
threshold, a reprogramming request must be submitted to the
House and Senate Committees on Appropriations for consideration
and may not be implemented prior to approval by the Committees.
Any reallocation of new or prior-year budget authority or
prior-year de-obligations, or any request to implement a
reorganization which includes moving previous appropriations
between appropriations accounts must be submitted to the House
and Senate Committees on Appropriations in writing and may not
be implemented prior to approval by the Committees.
Definitions.--A reprogramming includes the reallocation
of funds from one program, project or activity to another
within an appropriation.
The conferees are concerned the Department is over-
committing future budgets by announcing multi-year awards
subject to future appropriations for a substantial portion of
activities within Energy Programs. The Department is directed
to transition to a model in which it fully funds multi-year
awards with appropriated funds, except in the cases of major
capital projects, management and operating contracts, and large
research centers which require multi-year awards subject to
appropriations. As part of that transition, the conference
agreement includes a provision requiring that any multi-year
award must be subject to appropriations and the Department must
notify the House and Senate Committees on Appropriations at
least 14 calendar days prior to public announcement of the
award. The Department shall deliver each notification as a
cumulative list of all notifications under this subsection, to
include: recipient; appropriations account, program, and
activity; award date; total amount of award; amount awarded
from fiscal year 2012 appropriations; amount awarded from prior
appropriations; amount awarded subject to future
appropriations; and an explanation of the special circumstances
justifying commitment of future funds. The conferees do not
include a House provision prohibiting the use of multi-year
awards, but will reconsider this legislative prohibition in
future years depending on the Department's performance in
transitioning to fully funding its multi-year awards.
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(INCLUDING RESCISSION OF FUNDS)
The conference agreement provides $1,825,000,000 in new
budget authority for Energy Efficiency and Renewable Energy,
instead of $1,308,436,000 as proposed by the House and
$1,795,641,000 as proposed by the Senate, and rescinds
$9,909,000 in prior-year balances.
The conference agreement does not include a Senate
provision directing energy efficiency rulemakings for
televisions and set-top boxes within 12 months of enactment of
this Act. The conference agreement does not include a Senate
provision regarding the Defense Production Act.
Biomass and Biorefinery Systems Research and
Development.--The conferees strongly encourage the Department
to conduct only research, development, and demonstration
activities advancing technologies that produce fuels and
electricity from biomass, crops and crop components that could
not otherwise be used as food. To that end, the conferees
support efforts to develop cellulosic feedstocks and direct the
Department to consider a broad portfolio of options, including
biofuels sources such as the non-food components of biomass
sorghum.
Within available funds, a total of $30,000,000 is
provided for algae biofuels. The conference agreement includes
no funds for the cellulosic biofuels reverse auction proposed
in the request.
Solar Energy.--The conferees support the Department's
existing solar energy research, development, and demonstration
activities, and encourage the Department to include in these
efforts disruptive solar energy utilization technologies,
fabrication methods that yield ultra-low cost solar cells,
technologies for ultra-high efficiency solar cells,
technologies designed to simulate the operation of solar cells,
and other methods to yield advanced science and engineering
approaches to solar cells.
Wind Energy.--The conferees support the Department's
efforts to develop advanced offshore wind energy technologies,
including freshwater, deepwater, shallow water, and
transitional depth installations.
Geothermal Technology.--The Geothermal Technology program
may not announce new funding opportunities that result in total
mortgages on future fiscal years in excess of half of the
program's fiscal year 2012 appropriation. Within available
funds, the conferees direct the Department to make not less
than $5,000,000 available to continue development and
deployment of low-temperature geothermal systems. The
Department shall continue its support of comprehensive programs
that support academic and professional development initiatives.
For future awards, the full spectrum of geothermal technologies
as authorized by the Energy Independence and Security Act of
2007 (Public Law 110-140) shall be eligible for the funds
appropriated for Geothermal Technology by this Act.
Water Power.--The conference agreement provides
$59,000,000 for Water Power, of which $34,000,000 is for marine
and hydrokinetic technology research, development and
demonstration, and $25,000,000 is for conventional hydropower
research, development and demonstration. Within available
funds, the Department is directed to provide not less than
$10,000,000 to build necessary infrastructure, including
environmental performance monitoring, at marine and
hydrokinetic industry testing sites designated by the
Department as National Marine Renewable Energy Centers.
Vehicle Technologies.--The conference agreement includes
$28,244,000 for lightweight materials, to include $4,000,000
for modeling and design for vehicle optimization. The conferees
provide $28,000,000 for Vehicle Technologies Deployment, of
which $3,000,000 is to commission a National Academies study on
electric vehicle market barriers, as directed in the House
report.
Building Technologies.--The conference agreement includes
$24,300,000 for the Energy Efficient Building Systems Design
Energy Innovation Hub, and the House direction for a strategic
plan regarding geothermal heat pumps. The conferees provide
$25,832,000 for lighting research and development, to include
$12,000,000 for research and development into manufacturing
improvements for general illumination solid state lighting. The
conference agreement includes no funds within Commercial
Buildings Integration for new state and municipal government
grant programs relating to codes, performance standards and
regulations.
Industrial Technologies.--The conference agreement
includes $20,000,000 for the Energy Innovation Hub for Critical
Materials. Within available funds, the conference agreement
includes not less than $4,205,000 for improvements in
production in the steel industry, and the Department is
directed to continue supporting improvements in mechanical
insulation. The Department is directed to continue funding
mortgages on all past multi-year awards within the Combined
Heat and Power program, unless a project fails to meet
milestones or other terms of the award. The conferees provide
no funding for Manufacturing Energy Systems.
Strategic Programs.--The Department is directed to only
fund activities within the International Program that directly
benefit domestic industry, increase American energy self-
sufficiency, further United States research efforts, or reduce
domestic pollution. Within available funds, the conference
agreement includes $2,000,000 for the U.S.-Israel energy
cooperative agreement.
Weatherization Assistance.--The conference agreement
includes a provision giving the Secretary authority to waive
the weatherization formula in order to distribute fiscal year
2012 funds to states, once they have spent all prior-year and
emergency funds, at a rate of spending consistent with the
fiscal year 2011 level.
Electricity Delivery and Energy Reliability
The conference agreement provides $139,500,000 for
Electricity Delivery and Energy Reliability, instead of
$139,496,000 as proposed by the House and $141,010,000 as
proposed by the Senate.
The conferees provide $25,490,000 for Clean Energy
Transmission and Reliability, and include no funds for the
proposed Smart Grid Technology and Systems Energy Innovation
Hub. The conference agreement includes $24,000,000 for Smart
Grid Research and Development, $20,000,000 for Energy Storage,
and $30,000,000 for Cyber Security for Energy Delivery Systems.
Nuclear Energy
The conference agreement provides $768,663,000 for
nuclear energy activities, instead of $733,633,000 as proposed
by the House and $583,834,000 as proposed by the Senate.
The conferees direct the Department to develop a strategy
for the management of spent nuclear fuel and other nuclear
waste within 6 months of publication of the final report of the
Blue Ribbon Commission on America's Nuclear Future.
Nuclear Energy Enabling Technologies.--The conference
agreement provides $74,880,000, to include $14,580,000 for the
National Science User Facility at Idaho National Laboratory,
$24,300,000 for the Modeling and Simulation Energy Innovation
Hub, and $36,000,000 for Crosscutting Research.
Small Modular Reactor Licensing Technical Support.--The
conference agreement includes $67,000,000 to provide licensing
and first-of-a-kind engineering support for small modular
reactor designs that can be deployed expeditiously, to be
administered as specified in the budget request. The Department
is directed to consider applications utilizing any small
modular reactor technologies. The conferees expect the program
to total $452,000,000 over five years.
Reactor Concepts Research and Development.--The conferees
provide $115,544,000, to include $28,674,000 for Small Modular
Reactors Advanced Concepts and $21,870,000 for Advanced Reactor
Concepts.
The conference agreement includes $25,000,000 for Light
Water Reactor Sustainability. Within available funds, the
Department is directed to conduct research and development
furthering knowledge on how long the current fleet of reactors
can safely operate.
The conference agreement includes $40,000,000 for the
Next Generation Nuclear Plant program, $30,000,000 of which is
to accelerate fuel development and qualification activities and
$10,000,000 of which is to continue ongoing research and
development projects begun in prior fiscal years.
Fuel Cycle Research and Development.--The conference
agreement provides $187,351,000.
The conference agreement includes $60,000,000 for Used
Nuclear Fuel Disposition. Within available funds, $10,000,000
is for development and licensing of standardized
transportation, aging, and disposition canisters and casks.
Multiple geologic repositories will ultimately be required for
the long-term disposition of the nation's spent fuel and
nuclear waste; the Department should build upon its current
knowledge base to fully understand all repository media and
storage options and their comparative advantages, and the
conferees direct the Department to focus, within available
funds, $3,000,000 on development of models for potential
partnerships to manage spent nuclear fuel and high level waste,
and $7,000,000 on characterization of potential geologic
repository media. The Department is directed to preserve all
documentation relating to Yucca Mountain, including technical
information, records, and other documents, as well as
scientific data and physical materials.
The conference agreement includes $10,000,000 to expand
the Department's capabilities for assessing issues related to
the aging and safety of storing spent nuclear fuel, to include
experimentation, modeling, and simulation for dry storage
casks, as well as for spent fuel pools, as necessary.
The conference agreement includes $59,000,000 for
Advanced Fuels, and directs that priority for the increase in
funding be given to efforts to develop and qualify meltdown-
resistant, accident-tolerant nuclear fuels that would enhance
the safety of light water reactors.
Radiological Facilities Management.--The conference
agreement provides $64,902,000 for space and defense
infrastructure, to include $15,000,000 for nuclear
infrastructure at Oak Ridge National Laboratory. The conferees
provide no funds for the Plutonium-238 Production Restart
Project.
Fossil Energy Research and Development
(INCLUDING RESCISSION OF FUNDS)
The conference agreement provides $534,000,000 in new
budget authority for Fossil Energy Research and Development,
instead of $476,993,000 as proposed by the House and
$445,471,000 as proposed by the Senate, and rescinds
$187,000,000 in prior-year balances, as proposed by the Senate.
The conference agreement does not include the use of prior-year
balances, as proposed by the House and the Senate.
CCS and Power Systems.--The conferees provide
$368,609,000 for CCS and Power Systems. The conference
agreement includes $100,000,000 for Advanced Energy Systems, to
include $5,000,000 for Coal and Coal-Biomass to Liquids, and
not less than $25,000,000 to continue research, development,
and demonstration of solid oxide fuel cell systems.
Within CCS and Power Systems, the conference agreement
includes $35,031,000 for NETL Coal Research and Development, to
include Integrated Gasification Combined Cycle, Turbines,
Carbon Sequestration, Fuels, Fuel Cells, and Advanced Research
activities. The reduction in Program Direction funding reflects
the relocation of NETL Direct Program Direction into this
research line, in order to increase transparency by grouping
together all fossil energy research activities and by including
only oversight and management activities within Program
Direction. The Department is directed to continue including in
the budget request all full-time equivalent information within
this program line, as it has been doing previously within
Program Direction.
Natural Gas Technologies.--The conference agreement
provides $15,000,000, of which $10,000,000 is for gas hydrates
research.
Other Programs.--Within available funds, the conference
agreement includes $2,000,000 for the Department to continue
the Risk Based Data Management System.
Naval Petroleum and Oil Shale Reserves
The conference agreement provides $14,909,000 for the
operation of the Naval Petroleum and Oil Shale Reserves as
proposed by the House and Senate.
Strategic Petroleum Reserve
The conference agreement provides $192,704,000 for the
Strategic Petroleum Reserve as proposed by the House and
Senate.
SPR Petroleum Account
(INCLUDING RESCISSION OF FUNDS)
The conference agreement includes a rescission of funds
in the amount of $500,000,000 from existing balances within
this account, rather than direction included in the House and
Senate bills to sell an additional $500,000,000 of Reserves to
enable operational maintenance of the caverns. A sale in
calendar year 2011 unanticipated by the Administration's fiscal
year 2012 budget request provides the necessary flexibility to
address the infrastructure needs. The conference agreement
includes no repeal or modification of royalty-in-kind
provisions, as proposed by the Senate and House, respectively.
Northeast Home Heating Oil Reserve
(INCLUDING RESCISSION OF FUNDS)
The conference agreement provides $10,119,000 for the
Northeast Home Heating Oil Reserve as proposed by the House and
Senate. The conference agreement includes a rescission of
excess revenues from a sale in fiscal year 2011, valued at
approximately $100,000,000, as proposed by the House and
Senate. The conference agreement includes a provision proposed
by the House affirming the Administration's plans to limit the
size of the Reserve to one million barrels of petroleum
distillate.
Energy Information Administration
The conference agreement provides $105,000,000 for the
Energy Information Administration.
Non-Defense Environmental Cleanup
The conference agreement provides $235,721,000 for Non-
Defense Environmental Cleanup, instead of $254,121,000 as
proposed by the House and $219,121,000 as proposed by the
Senate.
Small Sites.--The conference agreement provides
$67,430,000 for Small Sites. In response to a lack of progress
on addressing existing contamination and seismic deficiencies
within buildings that are located in heavily used areas at some
Department national laboratories, the Department is directed to
use additional funds above the amount requested to improve
health and safety by cleaning up existing contamination and
improving the seismic standards of buildings within Department
laboratory grounds. The conference agreement directs the
Department to provide a report on Small Sites as directed in
the House and Senate reports within 3 months of enactment of
this Act.
Uranium Enrichment Decontamination and Decommissioning Fund
The conference agreement provides $472,930,000 for
activities funded from the Uranium Enrichment Decontamination
and Decommissioning Fund, instead of $449,000,000 as proposed
by the House and $429,000,000 as proposed by the Senate. This
amount includes post closure contract liabilities, pensions,
and community and regulatory program support. The conference
agreement does not include the House provision restricting the
Department's use of up to $150,000,000 in proceeds from the
barter, transfer, or sale of uranium to carry out uranium
enrichment facility decontamination and decommissioning and
remedial actions.
The conferees are aware that the Department has yet to
alter the contractual mechanism by which it has been
transferring uranium to a contractor in exchange for additional
cleanup services at Portsmouth in order to correct the
violations of federal law cited in the Government
Accountability Office's report ``Clarifying DOE's Disposition
Options Could Help Avoid Further Legal Violations'' (GAO-11-
846). This type of arrangement continues to be off-budget and
inappropriately bypasses the congressional appropriations
process. There is also considerable concern that the increasing
amount of uranium being transferred could destabilize the
uranium market and thereby adversely impact our domestic
uranium mining industry.
The conferees request the Comptroller General to report
to the Committees on Appropriations of the House of
Representatives and the Senate, not later than March 15, 2012,
on the progress the Department has made in resolving the
concerns raised in GAO-11-846. To increase transparency into
Department of Energy actions, the Department shall fully adhere
to the reporting requirements in this Act and have a current
determination by the Secretary that any barter, transfer or
sale of uranium carried out by the Department will not have an
adverse material impact on the domestic uranium mining,
conversion, or enrichment industry. The Department is further
directed to provide the full details of any proposed barter,
transfer or sale of uranium in its fiscal year 2013 budget
request.
Science
The conference agreement provides $4,889,000,000 for
Science, instead of $4,800,000,000 as proposed by the House and
$4,842,665,000 as proposed by the Senate.
The conference agreement includes the House direction for
a report regarding underrepresented college minorities in
science, technology, engineering, and mathematics areas.
In order to increase transparency and accountability
across all Science activities, the Department is directed, not
later than September 1, 2012, to create a performance ranking
of all ongoing multi-year research projects across the six
major Science research programs, including those at
universities, national laboratories, Energy Frontier Research
Centers, Energy Innovation Hubs and other recipients, by
comparing current performance with original project goals. The
report shall include an inventory of the number and dollar
amount of awards that have been terminated in fiscal years 2011
and 2012 before their multi-year awards have concluded.
The conferees direct the Department to provide to the
House and Senate Committees on Appropriations, not later than
February 10, 2012, a budget scenario for fiscal years 2013 and
2014 with the Office of Science funded at the fiscal year 2012
level, highlighting funding levels for each major program and
project, including activities, such as ITER, with scheduled
changes in funding requirements.
Advanced Scientific Computing Research.--The conferees
provide $442,000,000 for Advanced Scientific Computing
Research. The conferees support the exascale initiative, but
note that future funding for the initiative is contingent upon
delivery of the joint exascale plan, as directed. The conferees
provide the budget request for the Leadership Computing
Facilities and for High Performance Production Computing, in
support of continuing petascale upgrades at the three
facilities.
Basic Energy Sciences.--The conference agreement provides
$1,694,000,000 for Basic Energy Sciences. The conference
agreement includes $24,300,000 to continue the Fuels from
Sunlight Energy Innovation Hub, and $20,000,000 to establish
the Batteries and Energy Storage Energy Innovation Hub. The
conference agreement includes up to $100,000,000 for the
existing Energy Frontier Research Centers; $10,000,000 for
predictive modeling of internal combustion engines; $8,520,000
for the Experimental Program to Stimulate Competitive Research;
and no funding for gas hydrates research within the Office of
Science.
The conference agreement includes $97,000,000 to fund
each major item of equipment at the level provided in the
budget request. Funding provided for the Linac Coherent Light
Source II at SLAC is for the exploration and design of the two-
tunnel option.
Biological and Environmental Research.--The conference
agreement provides $611,823,000 for Biological and
Environmental Research. Within available funds, the conference
agreement includes $12,000,000 to continue nuclear medicine
research with human application. The conferees direct the
Department to report to the House and Senate Committees on
Appropriations, not later than June 1, 2012, on the
Administration's strategy to continue funding this research
through more appropriate federal agencies with health-focused
missions.
Within available funds, $16,000,000 is provided for
radiobiology to help determine health risks from exposures to
low levels of ionizing radiation to properly protect radiation
workers and the general public, and to conduct studies of
health impacts at and around the Fukushima Daiichi nuclear
plant.
Fusion Energy Sciences.--The conference agreement
provides $402,177,000 for Fusion Energy Sciences, of which not
more than $105,000,000 is for U.S. Contributions to ITER. The
conference agreement includes $24,741,000 for the High Energy
Density Laboratory Plasma program, of which $12,000,000 is to
be evenly distributed among heavy-ion fusion, laser-driven
fusion, and magneto-inertial fusion. The conference agreement
includes direction for the submission of a 10-year fusion plan
as provided by both the House and Senate.
High Energy Physics.--The conference agreement provides
$791,700,000 for High Energy Physics research.
The conferees understand that the United States has
unique capabilities to develop a world-leading neutrino science
program. To begin the transition to the intensity frontier, the
conferees provide $21,000,000 for the Long Baseline Neutrino
Experiment, which includes $17,000,000 for research and
development and $4,000,000 for project engineering and design.
The conferees provide no funding for long-lead procurements or
construction activities. The conferees are concerned that this
project is not mature enough for construction because a
location and technology for the underground detectors has not
been selected. Before consideration of congressional approval
of construction, the Department is directed to provide to the
House and Senate Committees on Appropriations a detailed
project plan and refined total cost estimate for construction,
not later than April 1, 2012.
Within available funds, the conferees provide $15,000,000
as requested, $10,000,000 within High Energy Physics and
$5,000,000 within Nuclear Physics, to support minimal,
sustaining operations at the Homestake Mine in South Dakota.
Nuclear Physics.--The conference agreement provides
$550,000,000 for Nuclear Physics. Within available funds, the
conference agreement includes $22,000,000 for the Facility for
Rare Isotope Beams, and $50,000,000 for the 12 GeV upgrade of
the Continuous Electron Beam Accelerator Facility.
Workforce Development for Teachers and Scientists.--The
conference agreement provides $18,500,000 for Science Workforce
Development. Within available funds, up to $5,000,000 is for
the graduate fellowship program to fund the existing cohort
established in fiscal year 2010.
Science Laboratories Infrastructure.--The conference
agreement provides $111,800,000 for Science Laboratories
Infrastructure.
Safeguards and Security.--The conference agreement
provides $82,000,000 for Safeguards and Security.
Science Program Direction.--The conference agreement
provides $185,000,000 for Science Program Direction. No funds
shall be used to hire new site office personnel, except for
field staff at the Integrated Support Centers in Chicago and
Oak Ridge.
Nuclear Waste Disposal
The conference agreement provides $0 for nuclear waste
disposal, as proposed by the Senate, instead of $25,000,000 as
proposed by the House.
Advanced Research Projects Agency--Energy
The conference agreement provides $275,000,000 for the
Advanced Research Projects Agency--Energy, of which $20,000,000
is provided for Program Direction.
Title 17 Innovative Technology Loan Guarantee Program
The conference agreement provides $38,000,000 for
administrative expenses for the Title 17 Innovative Loan
Guarantee Program, as proposed by the House and Senate. This
appropriation is fully offset by revenue, resulting in a $0 net
appropriation. The conference agreement includes no funding for
new loan guarantees, instead of $160,000,000 as proposed by the
House and $200,000,000 as proposed by the Senate.
Advanced Technology Vehicles Manufacturing Loan Program
The conference agreement provides $6,000,000 for Advanced
Technology Vehicles Manufacturing Loan Program, as proposed by
the House and Senate.
Departmental Administration
The conference agreement provides $237,623,000 for
Departmental Administration as proposed by the Senate, instead
of $63,374,000 as proposed by the House. The conferees provide
$1,000,000 within available funds to contract with the National
Academy of Public Administration (NAPA) for an independent
review of the management and oversight of the Department's
national laboratories. NAPA should consider such issues as
whether existing laboratory performance metrics for the
Department's management and operations contractors measure
critical aspects of their performance and how the Department
utilizes performance metrics and data. NAPA should coordinate
with the GAO and the National Academy of Sciences over the
course of its study to prevent duplication of effort by using
the results of their studies to the extent that they are
available. NAPA should submit a report with its findings,
conclusions, and recommendations no later than 9 months after
the Department has contracted with NAPA pursuant to this
directive.
Office of the Inspector General
The conference agreement provides $42,000,000 for the
Office of the Inspector General, instead of $41,774,000 as
proposed by the House and Senate.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
The National Nuclear Security Administration (NNSA), a
semi-autonomous agency within the Department of Energy, manages
the nation's nuclear weapons programs, nuclear nonproliferation
programs, and naval reactors activities.
The conference agreement provides $11,000,000,000 for the
National Nuclear Security Administration.
Warhead Life Extensions.--The NNSA is directed to fully
adhere to the new reporting requirements for early life
extension activities contained in the House report beginning
with submission of the fiscal year 2013 budget request, and to
the reporting requirement for the B61 Life Extension Program in
the Senate report within 3 months of enactment. In lieu of the
JASON B61 study directed in the Senate report, if the NNSA's
selected option for the B61 Life Extension Program includes any
nuclear scope, the JASON group of scientific advisors shall
submit an assessment by September 1, 2012, to the House and
Senate Committees on Appropriations on the extent to which the
nuclear scope is needed to enhance the safety, security, and
maintainability of a refurbished B61 and whether changes to the
weapon will affect its long-term safety, security, reliability,
and military characteristics.
Maintenance and Operations.--The conferees support the
guidance in the House and Senate reports to establish
standardized direct reporting for facility and infrastructure
maintenance costs at each site and to identify separate
maintenance funding by site in the fiscal year 2014 budget
request for Readiness in Technical Base and Facilities.
Human Capital.--In order to meet human capital
requirements for the NNSA sites and to support the NNSA's
strategic efforts to strengthen its science, technology,
management and engineering base, the NNSA should provide
incentives for its management and operations contractors,
including those at the production sites, to work with
universities and other institutions of higher education to
develop programs that support graduate research assistantships,
implement educational programs that meet NNSA technical needs,
and implement workforce development initiatives.
Weapons Activities
The conference agreement provides $7,233,997,000 for
Weapons Activities, instead of $7,091,661,000 as proposed by
the House and $7,190,000,000 as proposed by the Senate.
Directed Stockpile Work.--The conference agreement
provides $1,879,527,000 for Directed Stockpile Work. The NNSA
is directed to use $175,000,000 within Stockpile Systems and
$64,000,000 within Stockpile Services for surveillance
activities. If the NNSA accomplishes the planned scope of
surveillance activities more efficiently than estimated, up to
10 percent of the $175,000,000 and $64,000,000 may be
reallocated to other activities. The NNSA is directed to
provide full funding within amounts provided for Management,
Technology, and Production to implement JASON Surety Study
recommendations to counter current and future threats to the
stockpile. The NNSA is further directed to adhere to the
guidance in the Senate report to provide a report on
maintaining a pit manufacturing capability to meet stockpile
needs to the House and Senate Committees on Appropriations
within 3 months of enactment of this Act.
The conference agreement provides $223,562,000 for the
B61 Life Extension Program, as requested. Of these funds,
$134,137,000 shall not be made available for the B61 Life
Extension Program until the NNSA submits to the House and
Senate Committees on Appropriations the outcome of the Phase
6.2/2A design definition and cost study. The conferees remain
concerned about the NNSA's ability to execute its planned scope
for the B61 under an affordable life extension program that
will meet the requirement to refurbish the first unit by 2017.
The conference agreement provides $99,518,000 for W78
Stockpile Systems as proposed by the House, which includes
$37,087,000 for a life extension study of the W78 because of
delays in commencing the Phase 6.1 study. The conference
agreement provides $75,728,000 for W88 Stockpile Systems, which
includes $30,000,000 to commence a conceptual study for a minor
refurbishment of the W88. The NNSA is directed to maintain
separate accounting for the W78 and W88 studies and to identify
those costs separately within the budget request for Stockpile
Systems.
Campaigns.--The conference agreement provides
$1,701,982,000 for the science, technology and engineering
campaigns. The conferees provide $476,274,000 for the Inertial
Confinement Fusion and High Yield Campaign, which includes
$62,500,000 for Omega at the University of Rochester,
$48,000,000 for the Z facility at Sandia National Laboratory,
and $5,000,000 for the Naval Research Laboratory, as requested.
Readiness in Technical Base and Facilities.--The
conference agreement provides $2,009,155,000 for Readiness in
Technical Base and Facilities. No funding is provided for
Institutional Site Support. Historically, the NNSA has used
this funding line to mask underfunding in the request for
individual site facility operations. More recently, it has
pushed the costs of contractor pensions into this activity.
Since the conference agreement fully funds operations and
maintenance at each site and separately budgets for legacy
pensions, this activity is no longer required. Infrastructure
activities that are not site specific, such as headquarters
contractor support and assessments, may be funded under Program
Readiness.
TRU Waste Facility.--The conferees provide $9,881,000 for
Phase A of the TRU Waste Facility project, which consists of
site infrastructure preparatory work. No Phase B activities are
permitted until a project baseline is completed and provided to
the House and Senate Committees on Appropriations.
Chemistry and Metallurgy Research Replacement (CMRR)
Project.--The conference agreement provides $200,000,000. No
construction activities are funded for the CMRR-Nuclear
Facility during fiscal year 2012.
Legacy Contractor Pensions.--The conference agreement
provides $168,232,000 for Legacy Contractor Pensions to meet
the ongoing costs of the University of California contractor
defined benefit pension plans. The NNSA requested these funds
within Readiness in Technical Base and Facilities and a
separate line is provided to improve transparency.
National Security Applications.--The conference agreement
provides $10,000,000, for Advanced Analysis, Tools, and
Technologies activities to continue improved support to the
intelligence community and to maintain the nuclear technical
capabilities for nuclear weapons assessments.
Defense Nuclear Nonproliferation
(INCLUDING RESCISSION OF FUNDS)
The conference agreement provides $2,324,303,000 for
Defense Nuclear Nonproliferation, instead of $2,091,770,000 as
proposed by the House and $2,383,300,000 as proposed by the
Senate, and rescinds $21,000,000, as proposed by the Senate.
Nonproliferation and Verification Research and
Development.--The conference agreement provides $356,150,000
for Nonproliferation and Verification Research and Development.
Within this amount, the conferees provide $132,800,000 for
Nuclear Detonation Detection, which includes an additional
$5,700,000 above the request for underground, underwater, and
atmospheric detonation detection. The request included
$55,823,000 for legacy contractor pensions that are provided
separately, as well as an additional $15,625,000 above program
needs to meet anticipated growth in contractor defined benefit
pension plan costs that are no longer needed.
Nonproliferation and International Security.--The
conference agreement provides $155,305,000 for Nonproliferation
and International Security. Within this amount, the conferees
provide $14,972,000 for the Global Initiative for Proliferation
Prevention.
Fissile Materials Disposition.--The conference agreement
provides $685,386,000 for Fissile Materials Disposition. The
conferees provide no construction funding for the Pit
Disassembly and Conversion (PDCF) project because the NNSA has
not completed a study of alternatives or a conceptual design
report with a cost and schedule estimate that is required under
Department of Energy guidance. Instead of the Senate
requirement for an update of the costs for the PDCF and the MOX
Fuel Fabrication Facility, the conferees direct the NNSA to
provide a report on the status of plans to provide adequate
plutonium feedstock to operate the MOX facility to the House
and Senate Committees on Appropriations within 3 months of
enactment of this Act. The conferees direct the use of
$20,500,000 in prior-year uncommitted balances within U.S.
Plutonium Disposition to prepare plutonium feedstock at H-
Canyon in fiscal year 2012 and to identify funding for both H-
Canyon and ARIES within the fiscal year 2013 budget request.
Global Threat Reduction Initiative.--The conference
agreement provides $500,000,000 for the Global Threat Reduction
Initiative. The conference agreement does not include House
direction which restricts funding for Domestic Radiological
Material Removal.
Legacy Contractor Pensions.--The conference agreement
provides $55,823,000 for Legacy Contractor Pensions to meet the
ongoing costs of the legacy University of California defined
benefit pension plans. The NNSA requested these funds within
Nonproliferation and Verification Research and Development and
a separate line is provided to improve transparency.
Rescission.--The conference agreement rescinds
$21,000,000 in prior-year balances and directs their
application to meet fiscal year 2012 needs as described above.
Naval Reactors
The conference agreement provides $1,080,000,000 for
Naval Reactors, instead of $1,030,600,000 as proposed by the
House and $1,100,000,000 as proposed by the Senate. The
conference agreement does not include House language directing
a transition to budgeting by ship system. Funding for Naval
Reactors Operations and Maintenance is provided under the
following control points starting in fiscal year 2012, in order
to improve the transparency of the major multi-year initiatives
and to distinguish the cost of operations and infrastructure
from the cost of research and development.
OHIO Replacement Reactor Systems Development.--The
conference agreement provides $121,300,000 as requested.
S8G Prototype Refueling.--The conference agreement
provides $99,500,000 as requested.
Naval Reactors Development.--The conference agreement
provides $421,000,000.
Naval Reactors Operations and Infrastructure.--The
conference agreement provides $358,300,000, which includes
funding for conceptual design of the Spent Fuel Infrastructure
Recapitalization Project at Idaho in order to continue critical
path activities.
Office of the Administrator
The conference agreement provides $410,000,000 for the
Office of the Administrator, instead of $400,000,000 as
proposed by the House and $404,000,000 as proposed by the
Senate. The conference agreement includes the requested amount
of $6,000,000 for Weapons, $3,000,000 for Defense Nuclear
Nonproliferation, and $1,000,000 for Naval Reactors to engage
Historically Black Colleges and Universities, and further
directs the engagement of Hispanic Serving Institutions and
minority outreach at other colleges and universities.
The conferees are concerned with overlap and duplication
between the NNSA Office of Congressional Affairs, the
Department of Energy (DOE) Office of Congressional Affairs, and
the DOE Chief Financial Officer's External Coordination office
(CFO ExCo). The conferees believe that the CFO ExCo can provide
appropriate liaison support to the Committees on Appropriations
and that one consolidated Congressional Affairs office can
provide adequate support to the rest of the legislative branch.
The conferees direct the Department to propose a consolidation
of the NNSA Congressional Affairs functions into DOE's CFO
ExCo, Office of Congressional Affairs, or a combination of
both, within 60 days of enactment of this Act. Such
consolidation should provide $1-2 million in budgetary savings.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
The conference agreement provides $5,023,000,000 for the
Defense Environmental Cleanup program, instead of
$4,937,619,000 as proposed by the House and $5,002,308,000 as
proposed by the Senate. Within the amounts provided, the
Department is directed to fund hazardous waste worker training
at $10,000,000. The conferees direct the Department to adhere
to the House requirement to report all operating projects with
a total project cost greater than $10,000,000 no later than 90
days after enactment of this Act.
Hanford Site.--The conference agreement provides
$953,252,000 for the Hanford Site, including $19,540,000 for
Richland community and regulatory support. Within this amount,
funding is provided for the Hazardous Materials Management and
Emergency Response facilities. The conferees provide
$68,458,000 to accelerate cleanup of the Plutonium Finishing
Plant.
Idaho National Laboratory.--The conference agreement
provides $386,869,000 for Idaho National Laboratory cleanup
activities, including $4,100,000 for Idaho community and
regulatory support.
NNSA Sites.--The conference agreement provides
$282,393,000 for cleanup activities at NNSA sites, including
funding for community and regulatory support. Within this
amount, the conferees provide $873,000 for Lawrence Livermore
National Laboratory, $65,945,000 for the Nevada Test Site,
$3,014,000 for Sandia National Laboratories, $188,561,000 for
Los Alamos National Laboratory, and $24,000,000 to stabilize
work at the Separations Process Research Unit following damages
that resulted from Hurricane Irene.
Oak Ridge Reservation.--The conference agreement provides
$199,509,000 for the Oak Ridge Reservation, including
$6,409,000 for community and regulatory support.
Office of River Protection.--The conference agreement
provides $1,185,000,000 for the Office of River Protection.
Savannah River Site.--The conference agreement provides
$1,193,822,000 for cleanup activities at the Savannah River
Site, including $9,584,000 for community and regulatory
support.
Waste Isolation Pilot Plant.--The conference agreement
provides $215,134,000 for the Waste Isolation Pilot Plant. No
funding is provided for voluntary payments of economic
assistance.
Use of prior-year balances.--The conference agreement
directs the use of $3,381,000 in prior-year balances to meet
fiscal year 2012 needs as described above.
Other Defense Activities
The conference agreement provides $823,364,000 for Other
Defense Activities, instead of $814,000,000 as proposed by the
House and $819,000,000 as proposed by the Senate.
Office of Health, Safety, and Security.--The conference
agreement provides $437,436,000 for the Office of Health,
Safety, and Security. Within this amount, $186,699,000 is
provided for Specialized Security Activities.
POWER MARKETING ADMINISTRATIONS
Bonnevile Power Administration Fund
The conference agreement provides no appropriation for
the Bonneville Power Administration, which derives its funding
from revenues deposited into the Bonneville Power
Administration Fund. The Act includes a provision regarding
funds for official reception and representation expenses as
proposed by the Senate. The House proposed a similar provision.
Operation and Maintenance, Southeastern Power Administration
The conference agreement provides a net appropriation of
$0 for the Southeastern Power Administration as proposed by the
House and Senate. An additional $1,000,000 is recorded
separately as a scorekeeping adjustment.
Operation and Maintenance, Southwestern Power Administration
The conference agreement provides a net appropriation of
$11,892,000 for the Southwestern Power Administration, as
proposed by the House and Senate.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
The conference agreement provides a net appropriation of
$95,968,000 for the Western Area Power Administration, as
proposed by the House and Senate. An additional $3,000,000 is
recorded separately as a scorekeeping adjustment.
Falcon and Amistad Operating and Maintenance Fund
The conference agreement provides a net appropriation of
$220,000 for the Falcon and Amistad Operating and Maintenance
Fund, as proposed by the House and Senate. An additional
$1,000,000 is recorded separately as a scorekeeping adjustment.
Federal Energy Regulatory Commission
SALARIES AND EXPENSES
The conference agreement provides $304,600,000 for the
Federal Energy Regulatory Commission (FERC), as proposed by the
House and Senate. Revenues for FERC are set to an amount equal
to the budget authority, resulting in a net appropriation of
$0. The Act does not include language proposed by the Senate
directing a rulemaking.
The conferees are aware of significant local concerns
with the process for developing, reviewing and approving
shoreline management plans at Smith Mountain Lake and Lake of
the Ozarks. As the licensees develop and FERC reviews and
approves shoreline management plans, both parties must not only
ensure the continued unimpeded operation of the project, but
also recognize the rights and concerns of private property
owners and local communities. The parties should develop
innovative and mutually agreeable solutions to resolve
conflicts among project purposes and private property, which
should be implemented without delay. The conferees note that
several options already exist for resolving such conflicts--
such as realigning project boundaries, grandfathering non-
conforming structures, or conveying the disputed property--and
that the removal of private structures should only be required,
if at all, when all other options are inadequate. The conferees
direct FERC to review the shoreline management plan process to
identify any improvements that could be made to address local
concerns at each stage of the process and to submit to the
appropriate congressional committees a report detailing any
administrative changes to be undertaken as well as any
recommended legislative changes that may be necessary.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(INCLUDING RESCISSION AND TRANSFER OF FUNDS)
The conference agreement includes a modification to the
House provision regarding reprogramming of funds. The Senate
proposed no similar provision.
The conference agreement does not include a provision
proposed by the House regarding workforce restructuring. The
Senate proposed no similar provision. The conferees expect the
Department to continue to follow the guidelines established by
this provision.
The conference agreement includes a provision proposed by
the House and Senate relating to unexpended balances.
The conference agreement includes a provision proposed by
the Senate specifically authorizing intelligence activities
pending enactment of the fiscal year 2012 Intelligence
Authorization Act. The House proposed a similar provision.
The conference agreement does not include a House
provision regarding Bonneville Power Administration energy
efficiency services, although the conferees expect the BPA to
continue to follow the guidelines established by that
provision. The Senate proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate relating to a future-years energy program. The House
proposed no similar provision.
The conference agreement does not include a provision
proposed by the House and Senate directing the governance of
user facilities. The conferees expect the Department to
continue to follow the guidelines established by this
provision.
The conference agreement includes a provision proposed by
the Senate relating to loan guarantee co-pay. The House
proposed no similar provision.
The conference agreement does not include a provision
proposed by the House that establishes certain limitations and
requirements with respect to the transfer of funds by the
Secretary of Energy to reimburse the costs of defined benefits
pension plans for contractor employees. This provision is now
contained in current law. The Senate proposed no similar
provision.
The conference agreement includes a provision proposed by
the House establishing estimated cost parameters for plant and
construction activities for the purposes of sections 4703 and
4704 of the Atomic Energy Defense Act.
The conference agreement modifies a provision proposed by
the Senate relating to the minor construction threshold for the
Bonneville Power Administration. The House proposed no similar
provision.
The conference agreement includes a provision proposed by
the House that prohibits the use of funds in this title for
capital construction of high hazard nuclear facilities, unless
certain independent oversight is conducted. The Senate proposed
no similar provision.
The conference agreement does not include a provision
proposed by the Senate relating to the Ultra-Deepwater and
Unconventional Natural Gas and Other Petroleum Research Fund.
The House proposed no similar provision.
The conference agreement modifies a provision proposed by
the Senate related to contractor pay freeze. The House proposed
no similar provision.
The conference agreement includes a provision proposed by
the House that prohibits the use of funds to approve critical
decision-2 or critical decision-3 for certain construction
projects, unless a separate independent cost estimate has been
developed for that critical decision.
The conference agreement modifies a provision proposed by
the House that establishes certain notification requirements
that must be fulfilled before any funds may be used to make
certain awards, allocations, agreements, or public
announcements. The Senate proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate relating to the barter of uranium. The House
proposed no similar provision.
The conference agreement does not include a provision
relating to loan guarantee notifications. The Senate proposed
no similar provision.
The conference agreement includes a provision proposed by
the House regarding the weatherization program eligibility cap.
The Senate proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate on lighting standards. The House proposed no similar
provision.
The conference agreement includes a provision proposed by
the House prohibiting funds to implement or enforce higher
efficiency light bulb standards. The Senate proposed no similar
provision.
The conference agreement modifies a provision proposed by
the Senate relating to the third-party use of metering stations
for the Strategic Petroleum Reserve. The House proposed no
similar provision.
The conference agreement does not include a provision
proposed by the House relating to significant regulatory
actions. The Senate proposed no similar provision.
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TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
The conference agreement provides $68,263,000 for the
Appalachian Regional Commission, instead of $68,400,000 as
proposed by the House and $58,024,000 as proposed by the
Senate.
Defense Nuclear Facilities Safety Board
SALARIES AND EXPENSES
The conference agreement provides $29,130,000 for the
Defense Nuclear Facilities Safety Board, as proposed by the
House and Senate. The conferees direct the Board to enter into
an agreement for fiscal years 2012 and 2013 with the Office of
Inspector General for the Nuclear Regulatory Commission. The
conferees direct the Board to enter into an enduring
procurement with a provider of inspector general services
thereafter.
Delta Regional Authority
SALARIES AND EXPENSES
The conference agreement provides $11,677,000 for the
Delta Regional Authority, instead of $11,700,000 as proposed by
the House and $9,925,000 as proposed by the Senate.
Denali Commission
The conference agreement provides $10,679,000 for the
Denali Commission, instead of $10,700,000 as proposed by the
House and $9,077,000 as proposed by the Senate.
Northern Border Regional Commission
The conference agreement provides $1,497,000 for the
Northern Border Regional Commission, instead of $1,350,000 as
proposed by the House and $1,275,000 as proposed by the Senate.
Southeast Crescent Regional Commission
The conference agreement provides $250,000 for the
Southeast Crescent Regional Commission, as proposed by the
House, instead of $213,000 as proposed by the Senate.
Nuclear Regulatory Commission
SALARIES AND EXPENSES
The conference agreement provides $1,027,240,000 for the
Nuclear Regulatory Commission (NRC) salaries and expenses, as
proposed by the Senate, instead of $1,037,240,000 as proposed
by the House. This amount is offset by estimated revenues of
$899,726,000, resulting in a net appropriation of $127,514,000.
The fee recovery is consistent with that authorized by section
637 of the Energy Policy Act of 2005. The conference agreement
does not include $20,000,000 to be made available from the
Nuclear Waste Fund to support the geological repository for
nuclear fuel and waste, as proposed by the House. The Senate
proposed no similar provision.
The conference agreement includes a National Academy of
Sciences study of the lessons learned from the events at the
Fukushima nuclear plant, as proposed by the Senate. The
Commission is directed to transfer $2,000,000 to the National
Academy of Sciences for this study within 30 days of enactment
of this Act.
The conference agreement includes $15,000,000, as
proposed by the House, to support university education programs
relevant to the NRC mission, of which not less than $5,000,000
is for grants to support research projects that do not align
with programmatic missions but are critical to maintaining the
discipline of nuclear science and engineering.
The conferees recognize the progress that the Nuclear
Regulatory Commission has made on the recommendations of the
Near Term Task Force. Commission staff has proposed a
prioritized list of the Task Force recommendations that
reflects the order regulatory actions are to be taken. The
conferees direct the Commission to implement these
recommendations consistent with, or more expeditiously than,
the ``schedules and milestones'' proposed by NRC staff on
October 3, 2011. The conferees direct the Commission to
maintain an implementation schedule such that the remaining
recommendations (not identified as Tier 1 priorities) will be
evaluated and acted upon as expeditiously as practicable. The
conferees request that the Commission provide a written status
report to the House and Senate Committees on Appropriations on
its implementation of the Task Force recommendations on the one
year anniversary of the Fukushima disaster.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $10,860,000 for the
Office of the Inspector General in the Nuclear Regulatory
Commission, as proposed by the House and Senate. This amount is
offset by revenues of $9,774,000, for a net appropriation of
$1,086,000.
Nuclear Waste Technical Review Board
SALARIES AND EXPENSES
The conference agreement provides $3,400,000 for the
Nuclear Waste Technical Review Board, as proposed by the House
and Senate.
Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects
The conference agreement provides $1,000,000 for the
Office of the Federal Coordinator for Alaska Natural Gas
Transportation Projects, as proposed by the Senate, instead of
$4,032,000 as proposed by the House. The conference agreement
does not include a House provision addressing excess fees.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
The conference agreement modifies a provision proposed by
the House relating to the Nuclear Regulatory Commission. The
Senate proposed no similar provision.
The conference agreement does not include a provision
proposed by the Senate relating to spent fuel pools. Language
addressing this issue is included under the heading ``Nuclear
Regulatory Commission--Salaries and Expenses'' in the Statement
of Managers.
The conferees include a modified Senate provision
regarding certain NRC requirements. The House proposed no
similar provision. The conferees intend that licensees
proactively evaluate new information and, where necessary,
improve their facilities to keep them current with all NRC
requirements relevant to their licenses, including all updates,
and urge the NRC to continue its efforts to ensure all license
requirements are updated to incorporate the latest knowledge of
external hazards facing each site.
TITLE V
GENERAL PROVISIONS
The conference agreement includes a provision proposed by
the House and Senate relating to lobbying restrictions.
The conference agreement includes a provision proposed by
the House and Senate relating to transfer authority.
The conference agreement does not include a provision
proposed by the House prohibiting funds to be provided in
contravention of section 6(b) of the Iran Sanctions Act. The
Senate proposed no similar provision. The conferees direct the
Administration to continue to follow these requirements.
The conference agreement includes a provision proposed by
the House requiring new federal hires to be vetted through the
E-Verify Program. The Senate proposed no similar provision.
The conference agreement modifies a provision proposed by
the House prohibiting the government from entering into
contracts or agreements with any corporation that was convicted
of a felony criminal violation under any federal law within the
preceding 24 months. The Senate proposed no similar provision.
The conference agreement modifies a provision proposed by
the House prohibiting funds for contracts or agreements with
entities with unpaid federal tax liabilities that have not
entered into payment agreements to remedy the liability. The
Senate proposed no similar provision.
The conference agreement does not include a provision
proposed by the House regarding the amount within the Spending
Reduction Account. The Senate proposed no similar provision.
The conference agreement does not include a provision
proposed by the House relating to the use of firearms on Corps
of Engineers land. The Senate proposed no similar provision.
The conference agreement does not include a provision
proposed by the House prohibiting funds made available for the
Science account to be used in contravention of the Department
of Energy Organization Act. The Senate proposed no similar
provision.
The conference agreement does not include a provision
proposed by the House relating to the McNary Shoreline
Management Plan. The Senate proposed no similar provision. The
conferees note that concerns remain regarding the most recent
plan and direct the Corps to continue working with residents to
address these issues.
The conference agreement does not include a provision
proposed by the House prohibiting the use of funds to move the
Office of Environmental Management under the Under Secretary
for Nuclear Energy of the Department of Energy. The Senate
proposed no similar provision.
The conference agreement does not include a provision
proposed by the House relating to the lease or purchase of new
light duty vehicles. The Senate proposed no similar provision.
The conference agreement does not include a provision
proposed by the House relating to reintroduction of salmon in
the San Joaquin River. The Senate proposed no similar
provision.
The conference agreement does not include a provision
proposed by the House prohibiting funds to enforce section 526
of the Energy Independence and Security Act. The Senate
proposed no similar provision. The conferees agree that
increased energy self-sufficiency is an important national goal
and the Department of Energy should continue to focus on
research, development and government procurements that further
progress towards that end.
The conference agreement does not include a provision
proposed by the House prohibiting development of a proposal to
expand the authorized uses of the Harbor Maintenance Trust
Fund. The Senate proposed no similar provision. The conferees
support language in the House report opposing the diversion of
revenue from existing authorized purposes, namely maintenance
dredging, and in light of widespread congressional opposition
to the budget proposal, suggest a wiser course of action would
be to focus on utilizing the annual receipts for additional
harbor dredging work rather than allowing the balance in the
Trust Fund to continue to increase.
The conference agreement does not include a provision
proposed by the House prohibiting funds for International
activities at the Office of Energy Efficiency and Renewable
Energy of the Department of Energy in China. The Senate
proposed no similar provision.
The conference agreement includes a provision proposed by
the House prohibiting funds to be used in contravention of the
executive order entitled ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations''. The Senate proposed no similar provision.
The conference agreement does not include a provision
proposed by the House transferring funds between accounts for
the Department of Energy. The Senate proposed no similar
provision.
The conference agreement does not include a provision
proposed by the House transferring funds between accounts for
the Corps of Engineers. The Senate proposed no similar
provision.
The conference agreement does not include a provision
proposed by the House prohibiting salaries for recess-appointed
Presidential appointees who fall under certain exemptions to
Senate confirmation. The Senate proposed no similar provision.
The conference agreement does not include a provision
proposed by the House prohibiting funds for International
activities of the Office of Energy Efficiency and Renewable
Energy at the Department of Energy, except for the U.S.-Israel
program. The Senate proposed no similar provision.
The conference agreement does not include a provision
proposed by the House prohibiting funds in this bill from being
used to close the Yucca Mountain license application process
until a specific condition is met or for actions that would
remove the possibility that Yucca Mountain might be an option
in the future. The Senate proposed no similar provision.
The conference agreement does not include a provision
proposed by the House prohibiting funds to implement any new
requirement regarding the disclosure of political
contributions. The Senate proposed no similar provision.
TITLE V/VI
EMERGENCY SUPPLEMENTAL FUNDING FOR DISASTER RELIEF
The conference agreement does not include funding for the
Corps of Engineers for disaster-related work as proposed in
Title V of the House bill and Title VI of the Senate bill.
Additional funding to address these needs will be considered
separately.
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DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2012
References in this statement to the Senate bill are to
the bill (S. 1573) as reported to the Senate by the Committee
on Appropriations on September 15, 2011 (S. Rept. 112-79).
References to the House bill are to the bill (H.R. 2434) as
reported to the House by the Committee on Appropriations on
July 7, 2011 (H. Rept. 112-136).
Language included in House Report 112-136 or Senate
Report 112-79 that is not changed by this joint explanatory
statement is approved by the committee of conference. This
explanatory statement, while repeating some report language for
emphasis, is not intended to negate the language in the
referenced House and Senate committee reports unless expressly
provided herein.
Where the House or Senate has directed submission of a
report, that report is to be submitted to the Committees on
Appropriations of both the House of Representatives and the
Senate.
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
The conference agreement provides $308,388,000 for
departmental offices salaries and expenses, instead of
$185,749,000 as proposed by the House and $306,388,000 as
proposed by the Senate.
Within the amount provided under this heading, the
conference agreement provides $100,000,000 for the Office of
Terrorism and Financial Intelligence and within that amount no
more than $26,608,000 for administrative expenses. The
conference agreement also provides full funding for the
Secretary's security and travel, both domestic and
international (including civilian and military).
Judgment Fund.--The conferees adopt the House report
language regarding the Judgment Fund, except that the first
report is due within 180 days of enactment of this Act and
annually thereafter.
Volcker Rule.--The conferees note that consistent with
Public Law 111-203, the appropriate Federal banking regulators
and the U.S. Securities and Exchange Commission proposed
regulations implementing the ``Volcker Rule,'' and the U.S.
Commodity Futures Trading Commission is expected to propose a
similar rule, that appropriately accommodates the business of
insurance by permitting trading by a regulated insurance
company for its general account. These accommodations are
subject to subsections (d)(1)(F) and (d)(2)(A) of section 13
(or ``sections 13(d)(1)(F) and 13(d)(2)(A)'') of the Bank
Holding Company Act of 1956.
Economic Sanctions and Divestments.--The conferees direct
the Department to fully implement the sanctions and divestment
measures applicable to North Korea, Burma, Belarus, Iran,
Sudan, and Zimbabwe. The Department is further directed to
promptly notify the Appropriations Committees of any resource
constraints that adversely impact the implementation of these
sanctions programs.
Management of Capital Investments.--The conferees
reiterate the Senate report language regarding management of
capital investments and direct the Department to continue
improving the management of capital investments, specifically
focusing on integrating all of the Department's bureaus into
improvement efforts and institutionalizing improvements so that
taxpayers will benefit from better management of future capital
projects. The conferees note that section 121 of this Act
requires the Secretary of the Treasury to develop an annual
Capital Investment Plan, to be submitted to the Committees on
Appropriations of the Senate and the House of Representatives
within 30 days following submission of the President's annual
budget request. The conferees direct the Office of the Chief
Information Officer to ensure that adequate resources are
devoted both to projects in the capital phase and to proper
maintenance and modernization of existing systems and to ensure
that all projects are tracked properly and described completely
in the annual Capital Investment Plan.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
The conference agreement provides $29,641,000 for the
Office of Inspector General as proposed by the House and the
Senate.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
The conference agreement provides $151,696,000 for
salaries and expenses of the Treasury Inspector General for Tax
Administration as proposed by the House and the Senate.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM
SALARIES AND EXPENSES
The conference agreement provides $41,800,000 for
salaries and expenses of the Office of the Special Inspector
General for the Troubled Asset Relief Program (SIGTARP) as
proposed by the Senate, instead of $41,801,000 as proposed by
the House.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
The conference agreement provides $110,788,000 for
salaries and expenses of the Financial Crimes Enforcement
Network (FinCEN), as proposed by the House and the Senate.
The conferees reiterate the House and Senate language
rejecting the Administration's proposed $3 million in
reductions for State and local and intelligence community
access to Bank Secrecy Act information and the Senate language
rejecting the Administration's proposal to fund a portion of
FinCEN's needs in fiscal year 2012 using proceeds from the
Treasury Forfeiture Fund.
Treasury Forfeiture Fund
(RESCISSION)
The conference agreement includes a rescission of
$950,000,000 of the unobligated balances in the Treasury
Forfeiture Fund.
The funds collected, disbursed and rescinded out of the
Treasury Forfeiture Fund (the Fund) are incidental to law
enforcement priorities that led to the seizures and
forfeitures. Disrupting and dismantling criminal organizations
that pose the greatest threat to public safety and security is
the highest priority of any law enforcement agency. The Fund
can ensure resources are managed efficiently to cover the costs
of an effective asset seizure and forfeiture program, including
the costs of seizing, evaluating, inventorying, maintaining,
protecting, advertising, forfeiting and disposing of property,
but it must not be used to augment agency funding or to
circumvent the appropriations process. Reliance on the Fund to
offset the day-to-day operations, or to pay for new activities,
creates an incentive to pursue cases suspected of high valued
forfeitures rather than to target individuals or organizations
that perpetrate the worst crimes against society.
In addition to the Department of Treasury, the Department
of Homeland Security is the other primary participant in the
Fund since it does not have the authority or expertise to
operate its own forfeiture fund. In fiscal year 2010, the
Department of Homeland Security activities resulted in
approximately 30 percent of the collections to the Fund and
accounted for approximately 50 percent of the costs incurred by
the Fund. In recent years, the available balances in the Fund
have increased as the Federal Government has taken enforcement
actions against large banks, increasing the surplus funding
available. This surplus funding can either be used to fund law
enforcement expenses to enhance forfeiture capabilities, be
held in reserve or be rescinded. In considering the allocation
of super surplus balances or rescission of resources in the
Fund, the conferees direct the Administration not to use a
formulaic approach where agencies that conduct seizures
automatically get to spend or rescind surplus balances. The
resources in the Fund should not be considered a ``bounty'' for
the collecting agencies. Future proposed rescissions and super
surplus spending requests should be based on programmatic need
and funding priorities not a predetermined formula. Using a
formulaic approach, such as distributing super surplus funds
and rescissions in proportion to an agency's collections, would
distort the role of the Fund.
Financial Management Service
SALARIES AND EXPENSES
The conference agreement provides $217,805,000 for
salaries and expenses of the Financial Management Service as
proposed by the Senate instead of $216,617,000 as proposed by
the House.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
The conference agreement provides $99,878,000 for
salaries and expenses of the Alcohol and Tobacco Tax and Trade
Bureau as proposed by the Senate instead of $96,899,000 as
proposed by the House. Within this amount, $2,000,000 is for
the cost of special law enforcement agents to target tobacco
smuggling and other criminal diversion activities.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
The conference agreement provides that not more than
$20,000,000 in new liabilities and obligations may be incurred
during fiscal year 2012 for circulating coinage and protective
service capital investments of the U.S. Mint, as proposed by
the House and the Senate.
Bureau of the Public Debt
ADMINISTERING THE PUBLIC DEBT
The conference agreement provides $173,635,000 for costs
associated with administering the public debt, as proposed by
the Senate instead of the $171,979,000 as proposed by the
House. Within this amount, $10,000,000 is available until
September 30, 2014, to reduce improper payments. The conference
agreement further directs that $8,000,000 in user fees be used
to offset the appropriated amounts.
Community Development Financial Institutions Fund Program Account
The conference agreement provides $221,000,000 for the
Community Development Financial Institutions (CDFI) Fund
program.
The conference agreement waives the matching fund
requirement for the Small and/or Emerging CDFI applicants
(SECA) and the Native Initiatives for only one year. SECAs are
insured depository institutions and depository institution
holding companies with total assets up to $250 million, insured
credit unions with total assets up to $10 million, venture
capital funds with total assets up to $10 million, or other
type of certified/certifiable CDFI with total assets up to $5
million as of September 30, 2011, or began operations on or
after January 1, 2008.
The conference agreement designates no funding for the
Bank on USA Initiative.
Internal Revenue Service
TAXPAYER SERVICES
The conference agreement provides $2,239,703,000 for
Internal Revenue Service (IRS) Taxpayer Services. Within the
overall amount, not less than $9,750,000 is for low-income
taxpayer clinic grants, and not less than $5,600,000 is for the
Tax Counseling for the Elderly program. Not less than
$205,000,000 is provided for operating expenses of the IRS
Taxpayer Advocate Service.
In addition, within the overall amount provided,
$12,000,000, available until September 30, 2013, is included
for the Community Volunteer Income Tax Assistance (VITA)
matching grants program.
ENFORCEMENT
The conference agreement provides $5,299,367,000 for
Enforcement.
OPERATIONS SUPPORT
The conference agreement provides $3,947,416,000 for
Operations Support.
Information Technology Reports.--The conferees direct the
IRS to submit quarterly reports to the Committees on
Appropriations and the Government Accountability Office (GAO),
with the first such report due no later than two weeks after
March 31, 2012. The conferees expect the reports to include a
detailed, plain English explanation of the cost and schedule
for the previous three months and a description of the expected
cost and schedule for the upcoming three months for the
following major information technology project activities:
IRS.gov; Returns Remittance Processing; EDAS/IPM; Information
Returns and Document Matching; E-services; and other projects
associated with significant changes in law. The conferees
further direct GAO to review and provide an annual report to
the Committees on the cost and schedule of activities of all
major IRS information technology projects for the year, with
particular focus on the projects about which the IRS is
providing quarterly reports to the Committees.
BUSINESS SYSTEMS MODERNIZATION
The conference agreement provides $330,210,000 for
Business Systems Modernization (BSM).
Information Technology Reports.--The conferees direct the
IRS to submit quarterly reports to the Committees on
Appropriations and the Government Accountability Office (GAO),
with the first such report due no later than two weeks after
March 31, 2012. The conferees expect the reports to include a
detailed, plain English explanation of the cost and schedule of
CADE2 and MeF activities for the previous three months and a
description of the expected cost and schedule for the upcoming
three months. The conferees further direct GAO to review and
provide an annual report to the Committees on the cost and
schedule of CADE2 and MeF activities for the year.
ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to the following provisions:
Section 101 provides transfer authority.
Section 102 requires the IRS to maintain training in
taxpayer rights.
Section 103 requires the IRS to safeguard taxpayer
information and to protect taxpayers against identity theft.
Section 104 permits funding for 1-800 help line services
for taxpayers and directs the Commissioner to make improving
phone service a priority.
ADMINISTRATIVE PROVISIONS--DEPARTMENT OF THE TREASURY
(INCLUDING TRANSFERS OF FUNDS)
The conferees agree to the following provisions:
Section 105 allows Treasury to use funds for certain
specified expenses.
Section 106 allows for the transfer of up to 2 percent of
funds between ``Departmental Offices'' and the various Treasury
bureaus, except the IRS.
Section 107 allows for the transfer of up to 2 percent
from the IRS accounts to TIGTA.
Section 108 directs that the purchase of vehicles be
consistent with vehicle management principles.
Section 109 prohibits funding to redesign the $1 note.
Section 110 allows for the transfer of funds from
``Financial Management Service, Salaries and Expenses'' to the
Debt Collection Fund conditional on future reimbursement.
Section 111 extends a pay demonstration program for one
year.
Section 112 prohibits funds to build a United States Mint
museum without the approval of the House and Senate Committees
on Appropriations and the authorizing committees of
jurisdiction.
Section 113 prohibits funding for consolidating the
functions of the United States Mint and the Bureau of Engraving
and Printing without the approval of the House and Senate
Committees on Appropriations and the authorizing committees of
jurisdiction.
Section 114 specifies that funds for Treasury
intelligence activities are deemed to be specifically
authorized until enactment of the fiscal year 2012 intelligence
authorization act.
Section 115 permits the Bureau of Engraving and Printing
to use up to $5,000 from the Industrial Revolving Fund for
reception and representation expenses.
Section 116 removes the 4 year limit on currency paper
contracts.
Section 117 requires persons who exchange $10,000 or more
in mutilated cash to provide the Bureau of Engraving and
Printing with a taxpayer identification number.
Section 118 concerns disclosure prohibitions with regards
to FinCEN activities.
Section 119 concerns disclosure of FinCEN activities.
Section 120 provides FinCEN with access to certain
reports of cash payments that are only filed with the IRS.
Section 121 requires the Secretary to submit a Capital
Investment Plan.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President
The conference agreement provides $450,000 for
compensation of the President as proposed by the Senate. The
House proposed funding this mandatory cost as a general
provision.
The White House
SALARIES AND EXPENSES
The conference agreement provides $56,974,000 for the
salaries and expenses of the White House, instead of
$55,513,000 as proposed by the House and $57,851,000 as
proposed by the Senate.
The conferees note that a lengthy clearance process at
the Executive Office of the President (EOP) often delays
submission of information requested by the Committees on
Appropriations. The conferees expect EOP to respond to such
requests in a timely manner because such information is
critical to the Committees' ability to make informed budgetary
decisions. In that regard, the conferees have encountered
particular difficulty in receiving timely and comprehensive
responses to requests for information from the Office of
National Drug Control Policy (ONDCP) and therefore, direct EOP
to remedy this issue. Language has also been included on this
topic in the ONDCP section.
Executive Residence at the White House
OPERATING EXPENSES
The conference agreement provides $13,425,000 for the
Executive Residence at the White House, instead of $12,989,000
as proposed by the House and $13,536,000 as proposed by the
Senate.
White House Repair and Restoration
The conference agreement provides $750,000 for repair,
alteration and improvement of the Executive Residence at the
White House, instead of $1,000,000 as proposed by the House and
$990,000 as proposed by the Senate.
Council of Economic Advisers
SALARIES AND EXPENSES
The conference agreement provides $4,192,000 for the
salaries and expenses of the Council of Economic Advisers as
proposed by the Senate, instead of $3,982,000 as proposed by
the House.
National Security Council and Homeland Security Council
SALARIES AND EXPENSES
The conference agreement provides $13,048,000 for the
salaries and expenses of the National Security Council and
Homeland Security Council as proposed by the Senate, instead of
$12,396,000 as proposed by the House.
Office of Administration
SALARIES AND EXPENSES
The conference agreement provides $112,952,000 for the
salaries and expenses of the Office of Administration, instead
of $109,297,000 as proposed by the House and $114,908,000 as
proposed by the Senate. The conference agreement includes
$10,403,000, to remain available until expended, for
information technology modernization.
Office of Management and Budget
SALARIES AND EXPENSES
The conference agreement provides $89,456,000 for the
salaries and expenses of the Office of Management and Budget
(OMB), instead of $82,575,000 as proposed by the House and
$90,833,000 as proposed by the Senate.
The conferees direct OMB to submit a report to the
Committee within 120 days of enactment of this Act detailing
current capabilities of and deficiencies in the Federal
Government's core budgeting system.
In light of increased efforts to identify government-wide
efficiencies and anticipate the cost of major infrastructure
projects, the Committee instructs OMB to examine Circular A-94.
The Committee expects OMB's review of Circular A-94 to include
an examination of the potential to incorporate life-cycle cost
analysis. Moreover, this analysis should be as accurate,
complete and reflective of the real costs and lifespans of
materials as possible, including the use of material-specific
discount rates and maintenance scheduled cost. OMB is directed
to report to the Committee within 180 days of enactment of this
Act on the status of reviewing Circular A-94. OMB should
include appropriate experts in the field of life-cycle cost
analysis, as well as appropriate industry experts and research
centers.
The conferees believe that agency staffing decisions
should be based on agency workload and the level of funds made
available, rather than pre-determined formulaic reductions.
Decisions to backfill vacant positions should be based on the
number of staff with the combination of skills and
qualifications necessary to carry out the agency's mission
within available funding levels. The OMB Director shall report
in February annually to the House and Senate Appropriations
Committees on any agencies not adhering to the policies
mentioned above.
The conferees direct OMB to issue guidance, consistent
with section 735 of division D of the Omnibus Appropriations
Act, 2009, Public Law 111-8, and section 739(a)(1) of division
D of the Consolidated Appropriations Act, 2008 (Public Law 110-
161), and section 327 of the 2008 National Defense
Authorization Act (Public Law 110-181), regarding use of direct
conversions to contract out, in whole or in part, activities or
functions last performed by Federal employees.
The conferees expect OMB to honor the terms and
conditions of appropriations Acts by not only reviewing
reprogramming requests submitted to the Committees on
Appropriations pursuant to the reprogramming conditions of this
or any other Act, but also by reviewing agency activities for
compliance with reprogramming conditions. With regard to
section 608 of this Act, the conferees find that reimbursable
agreements and other similar funding mechanisms utilized for
the purpose of reallocating funding shall be considered a
reprogramming of funds under such section. When determining the
applicability of section 608, OMB and the agencies should
consult with the Committees on Appropriations.
Office of National Drug Control Policy
SALARIES AND EXPENSES
The conference agreement provides $24,500,000 for
salaries and expenses of the Office of National Drug Control
Policy (ONDCP), instead of $23,000,000 as proposed by the House
and $26,125,000 as proposed by the Senate.
The conferees note that a lengthy clearance process at
the Executive Office of the President (EOP) often delays
submission of information requested by the Committees on
Appropriations. The conferees have encountered particular
difficulty in receiving timely and comprehensive responses to
requests for information from ONDCP. The conferees expect ONDCP
to respond to such requests in a timely manner because such
information is critical to the Committees' ability to make
informed budgetary decisions. The conferees expect EOP to
remedy this issue and improve ONDCP's responsiveness. Language
has also been included on this topic under the White House
Office account.
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides $238,522,000 for the
High Intensity Drug Trafficking Areas Program as proposed by
the House and the Senate.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides $105,550,000 for Other
Federal Drug Control Programs, instead of $101,978,000 as
proposed by the House and $105,950,000 as proposed by the
Senate. The agreement allocates funds among specific programs
as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
National Youth Anti-Drug Media Campaign................. $0
Drug-Free Communities Program........................... 92,000,000
(Training........................................... 2,000,000)
Drug court training and technical assistance............ 1,400,000
Anti-Doping activities.................................. 9,000,000
World Anti-Doping Agency (U.S. membership dues)......... 1,900,000
Discretionary Grants as authorized by PL 109-469, 1,250,000
section 1105...........................................
Performance Measures Development........................ 0
------------------------------------------------------------------------
The conference agreement provides no funding for the
media campaign, as proposed by the House and the Senate. The
conferees are supportive of a plan to preserve the substantial
federal investment in anti-drug messaging and direct ONDCP to
report to the Committees on Appropriations on the planned uses
of the remaining unobligated balances for the media campaign
not later than 180 days after enactment of this Act.
The conferees expect grant funding provided under ONDCP's
Other Federal Drug Control Programs be awarded through a
competitive process.
The conferees are troubled by ONDCP's decision-making in
the management of unobligated balances. The President's budget
proposed rescinding $11,328,000 from the Counterdrug Technology
Assessment Center. Despite this, ONDCP obligated $6,083,361 of
those balances. The conferees believe that ONDCP's decision to
obligate funds that the President's budget proposed to rescind
demonstrates an inability to effectively manage their funds.
Integrated, Efficient and Effective Uses of Information Technology
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $5,000,000 for this
activity as proposed by the House, instead of no funds as
proposed by the Senate. The conferees direct that information
technology reform initiatives shall not be a substitute for
consideration of agency requirements and the Executive Office
of the President shall keep the Committees on Appropriations
informed of changes in information technology spending plans.
Unanticipated Needs
The conference agreement provides $988,000 for
unanticipated needs as proposed by the Senate. The House
provided no funding for this activity.
Special Assistance to the President
SALARIES AND EXPENSES
The conference agreement provides $4,328,000 for salaries
and expenses to enable the Vice President to provide special
assistance to the President as proposed by the Senate, instead
of $4,322,000 as proposed by the House.
Official Residence of the Vice President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $307,000 for operating
expenses for the official residence of the Vice President as
proposed by the House and the Senate.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(INCLUDING TRANSFERS OF FUNDS AND RESCISSIONS)
The conference agreement provides the following
Administrative Provisions under this title:
Section 201 provides transfer authority among various
Executive Office of the President accounts.
Section 202 requires OMB to submit a report on the
implementation of Executive Order 13563 relating to improving
regulation and regulatory review.
Section 203 requires OMB to report on the costs of
implementing the Dodd-Frank Wall Street Reform and Consumer
Protection Act (Public Law 111-203).
Section 204 requires a detailed narrative and financial
plan for Office of National Drug Control Policy funds.
Section 205 provides transfer authority among Office of
National Drug Control Policy accounts.
Section 206 governs reprogramming of Office of National
Drug Control Policy funds.
Section 207 rescinds $5,244,639 in unobligated prior year
balances from the Counterdrug Technology Assessment Center.
Section 208 rescinds $359,958 in unobligated prior year
balances from Other Federal Drug Control Programs for a chronic
users study and $5,723,403 in unobligated prior year balances
from Other Federal Drug Control Programs for a national youth
anti-drug media campaign.
Section 209 extends the availability of funds under the
Partnership Fund for Program Integrity Innovation. The
conferees do not recommend additional funding for the
Partnership Fund in fiscal year 2012 and direct the
Administration to continue to leverage funds provided in fiscal
year 2010 to continue the initiative during fiscal years 2012
and 2013.
TITLE III
THE JUDICIARY
Supreme Court of the United States
SALARIES AND EXPENSES
The conference agreement provides $74,819,000 for the
salaries and expenses of the Supreme Court as proposed by the
House and the Senate.
CARE OF THE BUILDING AND GROUNDS
The conference agreement provides $8,159,000 for the care
of the Supreme Court building and grounds as proposed by the
House and the Senate.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
The conference agreement provides $32,511,000 for the
salaries and expenses of the United States Court of Appeals for
the Federal Circuit, instead of $31,472,000 as proposed by the
House and $31,913,000 as proposed by the Senate.
United States Court of International Trade
SALARIES AND EXPENSES
The conference agreement provides $21,447,000 for the
salaries and expenses of the United States Court of
International Trade, instead of $20,628,000 as proposed by the
House and $20,968,000 as proposed by the Senate.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
The conference agreement provides $5,015,000,000 for the
salaries and expenses of the Courts of Appeals, District
Courts, and Other Judicial Services, instead of $4,790,855,000
as proposed by the House and $4,970,646,000 as proposed by the
Senate. In addition, the agreement provides $5,000,000 from the
Vaccine Injury Compensation Trust Fund, instead of $4,775,000
as proposed by the House and the Senate.
DEFENDER SERVICES
The conference agreement provides $1,031,000,000 for
Defender Services, instead of $1,050,000,000 as proposed by the
House and $1,034,182,000 as proposed by the Senate.
FEES OF JURORS AND COMMISSIONERS
The conference agreement provides $51,908,000 for Fees of
Jurors and Commissioners, instead of $57,305,000 as proposed by
the House and $59,000,000 as proposed by the Senate.
COURT SECURITY
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides $500,000,000 for court
security, as proposed by the House and the Senate.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
The conference agreement provides $82,909,000 for the
salaries and expenses of the Administrative Office of the
United States Courts, instead of $80,007,000 as proposed by the
House and $82,000,000 as proposed by the Senate.
Federal Judicial Center
SALARIES AND EXPENSES
The conference agreement provides $27,000,000 for the
salaries and expenses of the Federal Judicial Center, as
proposed by the Senate, instead of $26,318,000 as proposed by
the House.
Judicial Retirement Funds
PAYMENT TO JUDICIARY TRUST FUNDS
The conference agreement provides $103,768,000 for
payments to the judiciary trust funds, as proposed by the
Senate. The House proposed funding these mandatory costs in a
general provision.
United States Sentencing Commission
SALARIES AND EXPENSES
The conference agreement provides $16,500,000 for the
salaries and expenses of the United States Sentencing
Commission, as proposed by the Senate, instead of $16,215,000
as proposed by the House.
Administrative Provisions--The Judiciary
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes the following
administrative provisions:
Section 301 makes funds appropriated for salaries and
expenses available for services authorized by 5 U.S.C. 3109.
Section 302 provides transfer authority among Judiciary
appropriations.
Section 303 permits not more than $11,000 to be used for
official reception and representation expenses of the Judicial
Conference.
Section 304 extends through fiscal year 2012 the
delegation of authority to the Judiciary for contracts for
repairs of less than $100,000.
Section 305 continues a pilot program where the United
States Marshals Service provides perimeter security services at
selected courthouses.
Section 306 extends for one year the authorization of
temporary district judgeships in Kansas and Hawaii.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
The conference agreement includes $30,000,000 for
District of Columbia resident tuition support as proposed by
the House and the Senate.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE
DISTRICT OF COLUMBIA
The conference agreement provides $14,900,000 for
emergency planning and security costs in the District of
Columbia as proposed by the House and the Senate.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
The conference agreement provides $232,841,000 for the
District of Columbia Courts, instead of $224,394,000 as
proposed by the House and $230,319,000 as proposed by the
Senate. Within the amount provided, $12,830,000 is for the
District of Columbia Court of Appeals, $114,209,000 is for the
District of Columbia Superior Court, $66,712,000 is for the
District of Columbia Court System, and $39,090,000 is for
capital improvements to Court facilities.
For the District of Columbia Superior Court, the
conference agreement provides $114,209,000 instead of
$109,307,000 as proposed by the House and $111,687,000 as
proposed by the Senate. Increased funding is provided to
address the Court's top priorities, including the Fathering
Court Initiative and the Drop-In Center for Juvenile Girls.
The conference agreement does not continue bill language
from prior years requiring the District of Columbia Courts to
use GSA for payroll and financial services, as proposed by the
House. While not excluding the use of GSA for these services,
the conferees are aware this provision will allow the District
of Columbia Courts greater flexibility in selecting and
contracting for its payroll and financial services.
FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $55,000,000 for
Defender Services in District of Columbia Courts as proposed by
the Senate, instead of $54,890,000 as proposed by the House.
The conference agreement does not continue bill language
from prior years requiring the Defender Services in District of
Columbia Courts to use GSA for payroll and financial services
as proposed by the House. While not excluding the use of GSA
for these services, the conferees are aware this provision will
allow the Defender Services in District of Columbia Courts
greater flexibility in selecting and contracting for its
payroll and financial services.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY
FOR THE DISTRICT OF COLUMBIA
The conference agreement provides $212,983,000 to the
Court Services and Offender Supervision Agency for the District
of Columbia as proposed by the House and the Senate. Within the
amount provided, $153,548,000 is for Community Supervision and
Sex Offender Registration and $59,435,000 is for the Pretrial
Services Agency.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE
The conference agreement provides $37,241,000 for the
Public Defender Service as proposed by the House and the
Senate.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
The conference agreement provides $15,000,000 for the
District of Columbia Water and Sewer Authority as proposed by
the Senate instead of no funds as proposed by the House.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL
The conference agreement provides $1,800,000 for the
Criminal Justice Coordinating Council as proposed by the Senate
instead of $1,796,000 as proposed by the House.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
The conference agreement provides $500,000 for Judicial
Commissions as proposed by the Senate instead of $499,000 as
proposed by the House. Within the amount provided, $295,000 is
for the Commission on Judicial Disabilities and Tenure, and
$205,000 is for the Judicial Nomination Commission.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
The conference agreement includes $60,000,000 for school
improvement in the District of Columbia as proposed by the
House and the Senate. As authorized by the Scholarship for
Opportunity and Results Act, funds are equally divided between
District of Columbia Public Schools ($20,000,000), District of
Columbia Public Charter Schools ($20,000,000) and District of
Columbia Opportunity Scholarships ($20,000,000). The conference
agreement does not adopt the Senate requirement that the
Secretary of Education perform an assessment of schools
participating in the Opportunity Scholarships program.
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
The conference agreement provides $375,000 for the Major
General David F. Wherley, Jr. District of Columbia National
Guard Retention and College Access Program as proposed by the
House and the Senate.
FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS
The conference agreement provides a $5,000,000 Federal
payment to the District of Columbia solely for the purpose of
HIV/AIDS testing and treatment. No funds were provided for this
activity in the House or the Senate.
District of Columbia Funds
The conference agreement provides authority for the
District of Columbia to spend its local funds in accordance
with the Fiscal Year 2012 Budget Request Act of 2011 (DC Act
19-92), as modified as of the date of the enactment of this
Act.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
SALARIES AND EXPENSES
The conference agreement provides $2,900,000, to remain
available until September 30, 2013, for the Administrative
Conference of the United States as proposed by the Senate,
instead of $2,608,000 as proposed by the House.
Christopher Columbus Fellowship Foundation
SALARIES AND EXPENSES
The conference agreement provides $450,000 for the
Christopher Columbus Fellowship Foundation as proposed by the
Senate, instead of no funds as proposed by the House.
Consumer Product Safety Commission
SALARIES AND EXPENSES
The conference agreement includes $114,500,000 for the
Consumer Product Safety Commission (CPSC) as proposed by the
Senate, instead of $111,288,000 as proposed by the House.
The conferees are aware that small, round, coin-shaped
batteries, known as ``button cell batteries'' are increasingly
present in consumer products, and pose a hazard--potentially
fatal--to small children who ingest them. The conferees support
efforts to ensure that these batteries are securely enclosed in
products (like the existing Federal safety rules that require
toys that use batteries to have such compartments), with
accompanying warning labels.
CPSC has identified window coverings with cords as one of
the top five hidden hazards in the home and CPSC is aware of
120 fatalities and 113 serious injuries related to corded
window blinds since 1999. The conferees urge parties involved
in the standards process to redouble efforts to address the
strangulation risk posed by corded window coverings in a timely
manner.
ADMINISTRATIVE PROVISIONS--CONSUMER PRODUCT SAFETY COMMISSION
The conference agreement includes the following
administrative provisions for the Consumer Product Safety
Commission:
Section 501 permits CPSC staff serving abroad to be
eligible for benefits similar to those authorized for Foreign
Service officials.
Section 502 includes language making technical
corrections to the Virginia Graeme Baker Pool and Spa Safety
Act.
Section 503 requires the Government Accountability Office
(GAO) to study the potential risks associated with new and
emerging consumer products.
Section 504 requires the GAO to study the efficacy of
voluntary industry standards for consumer products.
Election Assistance Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $11,500,000 for the
salaries and expenses of the Election Assistance Commission
(EAC), instead of $6,858,000 as proposed by the House and
$14,750,000 as proposed by the Senate. This includes $2,750,000
to be transferred to the National Institute of Standards and
Technology and $1,250,000 for the EAC Inspector General.
Federal Communications Commission
SALARIES AND EXPENSES
The conference agreement includes $339,844,000 for the
salaries and expenses of the Federal Communications Commission
(FCC), instead of $319,004,000 as proposed by the House and
$354,181,000 as proposed by the Senate. This includes
$9,750,000 for the FCC Inspector General. The conference
agreement provides that $339,844,000 be derived from offsetting
collections, resulting in no net appropriation.
The conferees note that the Fairness Doctrine was removed
from the FCC's rulebooks as of August 22, 2011.
ADMINISTRATIVE PROVISIONS--FEDERAL COMMUNICATIONS COMMISSION
The conferees agree to the following administrative
provisions for the Federal Communications Commission:
Section 510 extends an exemption for the Universal
Service Fund.
Section 511 prohibits the Federal Communications
Commission from changing rules governing the Universal Service
Fund regarding single connection or primary line restrictions.
Federal Deposit Insurance Corporation
OFFICE OF THE INSPECTOR GENERAL
The conference agreement provides a transfer of
$45,261,000 to fund the Office of Inspector General (OIG) for
the Federal Deposit Insurance Corporation as proposed by both
the House and Senate. The OIG's appropriations are derived from
the Deposit Insurance Fund and the FSLIC Resolution Fund.
Federal Election Commission
SALARIES AND EXPENSES
The conference agreement provides $66,367,000 for the
salaries and expenses of the Federal Election Commission as
proposed by the House and Senate.
Federal Labor Relations Authority
SALARIES AND EXPENSES
The conference agreement provides $24,723,000 for the
Federal Labor Relations Authority as proposed by the Senate,
instead of $24,105,000 as proposed by the House.
Federal Trade Commission
SALARIES AND EXPENSES
The conference agreement provides $311,563,000 for the
salaries and expenses of the Federal Trade Commission (FTC) as
proposed by the Senate, instead of $284,067,000 as proposed by
the House. This appropriation is partially offset by premerger
filing fees estimated at $108,000,000 and $21,000,000 from fees
to implement the Telemarketing Sales Rule.
The conference agreement does not adopt the Senate
requirement that the FTC submit voluntary food marketing
principles in a final report to the Committees.
General Services Administration
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
The conference agreement provides resources from the
General Services Administration (GSA) Federal Buildings Fund
totaling $8,017,967,000, instead of $7,223,801,000 as proposed
by the House and $8,144,967,000 as proposed by the Senate.
Construction and Acquisition.--The conference agreement
provides $50,000,000 for construction and acquisition, instead
of $0 as proposed by the House and $65,000,000 as proposed by
the Senate.
The conferees clarify the House report language about use
of prior appropriations for projects and agree, unless GSA
follows the reprogramming process in Section 608 that requires
the approval of the Committees, that GSA is prohibited from
using either funding appropriated for any construction project
yet to be completed or the proceeds from the sale of land from
the yet-to-be-completed project other than to address the need
for space for which the construction project was intended.
Repairs and Alterations.--The conference agreement
provides $280,000,000 for repairs and alterations, as proposed
by the House and Senate. Funds are provided in the amounts
indicated:
Judiciary Capital Security Program...................... $20,000,000
Basic Repairs and Alterations........................... $260,000,000
Energy Saving Lighting Technologies.--The conference
agreement adopts the House reporting requirement on LED lights
and clarifies that LED lights are expected to be incorporated
into GSA's building specifications as appropriate.
Installment Acquisition Payments.--The conference
agreement includes $126,801,000 for installment acquisition
payments, as proposed by both the House and the Senate.
Rental of Space.--The conference agreement provides
$5,210,198,000 for rental of space, instead of $4,700,000,000
as proposed by the House and $5,285,198,000 as proposed by the
Senate.
Building Operations.--The conference agreement provides
$2,350,968,000 for building operations, instead of
$2,117,000,000 as proposed by the House and $2,387,968,000 as
proposed by the Senate.
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
The conference agreement provides $61,115,000 for GSA
Government-wide policy activities, instead of $64,826,000 as
proposed by the House and $61,750,000 as proposed by the
Senate.
OPERATING EXPENSES
The conference agreement provides $69,500,000 for
operating expenses of GSA instead of $68,135,000 as proposed by
the House and $70,000,000 as proposed by the Senate.
OFFICE OF INSPECTOR GENERAL
The conference agreement provides $58,000,000 for the
Office of Inspector General as proposed by the Senate instead
of $58,882,000 as proposed by the House.
ELECTRONIC GOVERNMENT FUND
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $12,400,000 for the
Electronic Government Fund. These funds may be transferred to
other Federal agencies to carry out the purposes of the
Electronic Government Fund, but only after a spending plan and
explanation for each project has been submitted to the
Committees on Appropriations.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
The conference agreement includes $3,671,000 for
allowances and staff for former Presidents, as proposed by both
the House and the Senate.
FEDERAL CITIZEN SERVICES FUND
The conference agreement provides $34,100,000 for deposit
into the Federal Citizens Services Fund (the Fund) and
authorizes use of appropriations, revenues and collections in
the Fund in an aggregate amount not to exceed $90,000,000.
ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS AND RESCISSION)
The conferees agree to the following provisions:
Section 520 specifies that funds are available for hire
of motor vehicles.
Section 521 authorizes transfers within the Federal
Buildings Fund, with advance approval of the Committees on
Appropriations.
Section 522 prohibits the use of funds to transmit a
fiscal year 2013 request for courthouse construction unless the
request meets design guide standards, reflects the priorities
in the Judicial Conference 5-year construction plan, and
includes a standardized courtroom utilization study.
Section 523 specifies that funds in this Act may not be
used to increase the amount of occupiable space or provide
services such as cleaning or security for any agency that does
not pay the rental charges assessed by GSA.
Section 524 permits GSA to pay certain construction-
related claims against the Federal Government from savings
achieved in other projects.
Section 525 requires that the delineated area of
procurement for leased space match the approved prospectus,
unless the Administrator provides an explanatory statement to
the appropriate congressional committees.
Section 526 increases the permissible uses of the fees
collected by the GSA Federal Acquisition Institute.
Section 527 rescinds $4,600,000 from completed projects.
Section 528 directs GSA to submit a report within 120
days of enactment of this Act about programs funded by
appropriations to GSA, but not under GSA control.
Harry S Truman Scholarship Foundation
SALARIES AND EXPENSES
The conference agreement includes $748,000 for a payment
to the Harry S. Truman Scholarship Foundation Trust Fund as
proposed by the House instead of $700,000 as proposed by the
Senate.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $42,603,000, to remain
available until September 30, 2013, for the salaries and
expenses of the Merit Systems Protection Board as proposed by
the Senate, instead of $41,761,000 as proposed by the House.
Within the amount provided, $40,258,000 is a direct
appropriation and $2,345,000 is a transfer from the Civil
Service Retirement and Disability Fund to adjudicate retirement
appeals.
Morris K. Udall and Stewart L. Udall Foundation
MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
The conference agreement includes $2,200,000 for payment
to the Morris K. Udall and Stewart L. Udall Trust Fund as
proposed by the Senate.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
The conference agreement includes $3,792,000 for payment
to the Environmental Dispute Resolution Fund as proposed by the
Senate.
National Archives and Records Administration
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $373,300,000 for the
operating expenses of the National Archives and Records
Administration (NARA), instead of $360,969,000 as proposed by
the House and $378,845,000 as proposed by the Senate.
The conferees reiterate Senate language noting material
weakness in the security of NARA's holdings. The conferees
direct NARA to institute and enforce effective inventory
controls and adequate levels of security within its facilities
to reduce the risk of loss and damage to our Nation's documents
and records.
In addition, the conferees direct NARA to continue to
work with agencies on records management policies, especially
those related to document destruction. The conferees believe it
is critical for all agencies to be aware of the importance of
these policies and to have proper systems in place for document
retention and preservation.
OFFICE OF INSPECTOR GENERAL
The conference agreement provides $4,100,000 for NARA's
Office of Inspector General as proposed by the House and the
Senate.
REPAIRS AND RESTORATION
The conference agreement provides $9,100,000 for repairs
and restoration, instead of $8,693,000 as proposed by the House
and $9,659,000 as proposed by the Senate.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION GRANTS PROGRAM
The conference agreement provides $5,000,000 for the
National Historical Publications and Records Commission grant
program as proposed by the Senate, instead of $1,000,000 as
proposed by the House.
National Credit Union Administration
CENTRAL LIQUIDITY FACILITY
The conference agreement limits administrative expenses
to $1,250,000 and provides for authorized lending, as proposed
by the Senate.
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
The conference agreement includes $1,247,000 for the
Community Development Revolving Loan Fund as proposed by the
Senate, instead of $500,000 as proposed by the House.
Office of Government Ethics
SALARIES AND EXPENSES
The conference agreement provides $13,664,000 for
salaries and expenses of the Office of Government Ethics as
proposed by the Senate, instead of $13,483,000 as proposed by
the House.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The conference agreement provides $210,290,000 for
salaries and expenses as proposed by both the House and the
Senate. Within the amount provided, $99,774,000 is a direct
appropriation and $112,516,000 is a transfer from Office of
Personnel Management (OPM) trust funds.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The conference agreement provides $24,316,000 for
salaries and expenses of the Office of Inspector General as
proposed by the House and the Senate. Within the amount
provided, $3,142,000 is a direct appropriation and $21,174,000
is a transfer from OPM trust funds.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH BENEFITS
The conference agreement provides such sums as necessary
for health benefits payments as proposed by the Senate. The
House proposed funding these mandatory costs in a general
provision.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE INSURANCE
The conference agreement provides such sums as necessary
for life insurance payments as proposed by the Senate. The
House proposed funding these mandatory costs in a general
provision.
PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND
The conference agreement provides such sums as necessary
for retirement and disability payments as proposed by the
Senate. The House proposed funding these mandatory costs in a
general provision.
Office of Special Counsel
SALARIES AND EXPENSES
The conference agreement includes $18,972,000 for the
salaries and expenses of the Office of Special Counsel as
proposed by the Senate, instead of $17,997,000 as proposed by
the House.
Postal Regulatory Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $14,304,000 for the
salaries and expenses of the Postal Regulatory Commission as
proposed by the Senate, instead of $13,946,000 as proposed by
the House.
Privacy and Civil Liberties Oversight Board
SALARIES AND EXPENSES
The conference agreement provides $900,000 for the
salaries and expenses of the Privacy and Civil Liberties
Oversight Board (PCLOB) instead of $1,000,000 as proposed by
the Senate and no funding as proposed by the House. The
conferees are concerned that the Administration has not
reconstituted the PCLOB as required by law. Section 618
rescinds $998,000 of prior year unobligated balances.
Recovery Accountability and Transparency Board
SALARIES AND EXPENSES
The conference agreement provides $28,350,000, to remain
available until September 30, 2013, for the salaries and
expenses of the Recovery Accountability and Transparency Board,
instead of $25,000,000 as proposed by the House and $28,400,000
as proposed by the Senate. The conferees note that funding
provided for the Recovery Board may be used to develop and test
information technology to enhance transparency and detect
waste, fraud, and abuse in federal spending. Within 90 days of
enactment of this Act, the conferees direct the Recovery Board
to report to the Committees on Appropriations on their plan for
such activities. The report shall include detailed descriptions
and planned spending.
Securities and Exchange Commission
SALARIES AND EXPENSES
The conference agreement provides $1,321,000,000 for the
Securities and Exchange Commission (SEC), instead of
$1,185,000,000 as proposed by the House and $1,407,483,130 as
proposed by the Senate. The conference agreement provides that
$1,321,000,000 be derived from offsetting collections resulting
in no net appropriation.
The conference agreement provides that the SEC Office of
Inspector General shall receive no less than $6,795,000 as
proposed by the Senate, instead of $6,790,000 as proposed by
the House.
The conferees do not adopt the Senate designation of
$483,130 specifically for the strengthening of the acquisition
workforce. However, while not designating funding, the
Committee remains concerned about the SEC's acquisition
processes and expects the SEC to dedicate sufficient resources
to strengthening the agency's capacity and capabilities of the
acquisition workforce.
The conferees remain seriously concerned with the SEC's
lack of judgment in its past leasing practices, most notably
the mismanagement of the agency's Constitution Center lease.
The conferees are unconvinced that the SEC's efforts to reform
their leasing practices have fully addressed the problems. The
agency's leasing and budgetary recording practices over the
last 20 years of independent leasing authority have led the SEC
to experience budget deficiencies. The conferees consider this
unacceptable and expect the SEC to carefully evaluate all
prospective leases and renewals of existing leases going
forward in relation to the budget resources. The conferees are
aware of the SEC's arrangement with the General Services
Administration, which the conferees believe is a good first
step. The conferees intend to closely monitor how the SEC
exercises its leasing authority to ensure that the SEC has
adequately reformed its leasing practices.
The conferees are also highly concerned about the
unauthorized destruction of documents by the SEC which spanned
a decade and remained ongoing even after the National Archives
and Records Administration asked for an explanation. The
preservation of agency documents is critical to the record
keeping of every agency and Federal rules have been established
in the interest of transparency and disclosure. As the agency
tasked with monitoring companies' disclosures, this latest
chapter of mismanagement at the SEC contravenes the agency's
own mission and distracts SEC management from focusing on the
critical work of protecting investors.
Due to the above concerns, the conferees direct the SEC
to provide the House and Senate Appropriations Committees with
corrective action reports, submitted to the SEC Inspector
General, related to lease agreements and document destruction
no later than 30 days after enactment of this Act.
Selective Service System
SALARIES AND EXPENSES
The conference agreement provides $23,984,000 for the
salaries and expenses of the Selective Service System as
proposed by the Senate, instead of $23,620,000 as proposed by
the House.
Small Business Administration
SALARIES AND EXPENSES
The conference agreement includes $417,348,000 for the
salaries and expenses account of the Small Business
Administration (SBA), instead of $422,296,000 as proposed by
the House and $404,202,000 as proposed by the Senate.
Of the amount provided under this heading, $245,000,000
is for the operating expenses of the SBA and $172,348,000 is
for non-credit programs.
The conferees direct that no less than the following
amounts shall be dedicated to the following SBA non-credit
programs:
------------------------------------------------------------------------
------------------------------------------------------------------------
Veterans Programs....................................... $2,500,000
7(j) Technical Assistance Programs...................... 3,100,000
Small Business Development Centers...................... 112,500,000
SCORE................................................... 7,000,000
Women's Business Centers................................ 14,000,000
Women's Business Council................................ 998,000
Native American Outreach................................ 1,250,000
Microloan Technical Assistance.......................... 20,000,000
PRIME................................................... 3,500,000
HUBZone................................................. 2,500,000
Entrepreneurial Development Initiative (Clusters)....... 5,000,000
---------------
Total, non-credit programs.......................... 172,348,000
------------------------------------------------------------------------
The conferees direct that the SBA shall not reduce these
non-credit programs from the amounts specified above and the
SBA shall not merge any of the non-credit programs without
advance written approval from the Committees on Appropriations.
Although set-aside funding for the Emerging Leaders
program is not specified, the conferees note that in prior
years SBA derived funds for the Emerging Leaders program from
base resources in the Salaries and Expenses account.
The conferees adopt Senate report language regarding
veterans' business outreach centers.
OFFICE OF INSPECTOR GENERAL
The conference agreement provides $16,267,000 for the
Office of Inspector General of the Small Business
Administration as proposed by the House instead of $16,267,400
as proposed by the Senate.
OFFICE OF ADVOCACY
The conference agreement provides $9,120,000 for this
account as proposed by the House and the Senate.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $358,736,000 for the
Business Loans Program Account, instead of $363,323,000 as
proposed the House and $358,498,000 as proposed by the Senate.
Of the amount provided, $3,678,000 is for the cost of direct
loans in the microloan program, $207,100,000 is for the cost of
guaranteed loans, and $147,958,000 is for administrative
expenses to carry out the direct and guaranteed loan programs
and may be transferred to and merged with Salaries and
Expenses.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement includes $117,300,000 for the
administrative costs of the Disaster Loans Program Account,
instead of $167,300,000 as proposed by both the House and the
Senate.
ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes the following
administrative provisions for the Small Business
Administration.
Section 530 concerns transfer authority and availability
of funds.
Section 531 extends, for businesses that can obtain
credit elsewhere, the length of time for repaying a disaster
loan from three years to seven years.
Section 532 details the information to be provided in the
SBA's annual budget request.
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
The conference agreement provides $78,153,000 for a
payment to the Postal Service Fund as proposed by the House and
the Senate. This is an advance appropriation for fiscal year
2013 to continue free mail for the blind and overseas voting.
Office of Inspector General
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides up to $241,468,000 for
the Office of Inspector General as proposed by the Senate,
instead of $237,810,000 as proposed by the House.
United States Tax Court
SALARIES AND EXPENSES
The conference agreement provides $51,079,000 for
salaries and expenses of the United States Tax Court, instead
of $50,689,000 as proposed by the House and $51,469,000 as
proposed by the Senate.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(INCLUDING RESCISSIONS)
The conferees agree to the following provisions:
Section 601 prohibits paying expenses or otherwise
compensating non-Federal parties in regulatory or adjudicatory
proceedings funded in this Act.
Section 602 prohibits obligations beyond the current
fiscal year and transfers of funds unless expressly so provided
herein.
Section 603 limits consulting service expenditures to
contracts where such expenditures are a matter of public
record, with exceptions.
Section 604 prohibits funds from being transferred to any
department, agency, or instrumentality of the United States
without express authority provided in this or any other
appropriations Act.
Section 605 prohibits the use of funds to engage in
activities that would prohibit the enforcement of section 307
of the 1930 Tariff Act.
Section 606 prohibits funds from being expended unless
the recipient agrees to comply with the Buy American Act.
Section 607 prohibits funding to a person or entity
convicted of violating the Buy American Act.
Section 608 provides reprogramming authority and requires
agencies to submit financial plans to the House and Senate
Appropriations Committees.
Section 609 provides that not to exceed 50 percent of
unobligated balances from salaries and expenses may remain
available for certain purposes.
Section 610 prohibits funds for the Executive Office of
the President to request any official background investigation
from the Federal Bureau of Investigation unless the person has
given consent or there are national security circumstances.
Section 611 requires that cost accounting standards not
apply to a contract under the Federal Employees Health Benefits
Program.
Section 612 permits the Office of Personnel Management to
accept funds regarding the nonforeign area cost of living
allowances.
Section 613 prohibits the expenditure of funds for
abortions under the Federal Employees Health Benefits Program.
Section 614 provides an exemption from section 613 if the
life of the mother is in danger or the pregnancy is a result of
an act of rape or incest.
Section 615 waives restrictions on the purchase of non-
domestic articles, materials, and supplies for information
technology acquired by the Federal Government.
Section 616 prohibits the acceptance by any regulatory
agency or commission funded by this Act, or by their officers
or employees, of payment or reimbursement for travel,
subsistence, or related expenses from any person or entity (or
their representative) that engages in activities regulated by
such agency or commission.
Section 617 provides authority for the Public Company
Accounting Oversight Board to obligate funds for a scholarship
program.
Section 618 rescinds $998,000 in unobligated balances for
the Privacy and Civil Liberties Oversight Board. The conferees
note the Board has yet to be established.
Section 619 requires the President to transmit proposed
deficiency and supplemental appropriations requests to Congress
on behalf of the judicial and legislative branches as is
presently done for the executive branch.
Section 620 permits the SEC and CFTC to fund a joint
advisory committee to advise on emerging regulatory issues,
notwithstanding section 708 of this Act.
Section 621 includes language regarding the Abraham
Lincoln Commemorative Coin Act.
Section 622 allows the publication in the Federal
Register of a reference to the Help America Vote Act State
plans, rather than publication of the complete State plans.
Section 623 rescinds $25,000,000 from the Securities and
Exchange Commission Reserve Fund established by the Dodd-Frank
Wall Street Reform and Consumer Protection Act.
Section 624 requires certain agencies to provide
quarterly reports on unobligated prior year balances.
Section 625 requires agencies covered by this Act with
independent leasing authority to consult with the General
Services Administration before seeking new office space or
making alterations to existing office space.
Section 626 prohibits funds for the FTC to complete the
draft report on food marketed to children unless certain
requirements are met.
Section 627 prohibits funds for certain positions.
Section 628 provides that no FCC funds may be used, or
otherwise permitted, for certain commercial terrestrial
operations.
Section 629 prohibits funding for hiring new Federal
employees that are not verified through the E-Verify Program.
Section 630 prohibits funds to any corporation with
certain unpaid Federal tax liabilities unless the agency has
considered suspension or debarment of the corporation and made
a determination that further action is not necessary to protect
the interests of the Government.
Section 631 prohibits funds to any corporation that was
convicted of a felony criminal violation within the preceding
24 months unless the agency has considered suspension or
debarment of the corporation and made a determination that
further action is not necessary to protect the interests of the
Government.
Section 632 delays a statutory requirement for the United
States Postal Services to make a payment to the Postal Service
Retiree Health Benefit Fund until August 1, 2012.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
The conferees agree to the following provisions:
Section 701 requires all agencies have a written policy
for ensuring a drug-free workplace.
Section 702 sets specific limits on the cost of passenger
vehicles with exceptions for police, heavy duty, electric
hybrid and clean fuels vehicles.
Section 703 makes appropriations available for quarters/
cost-of-living allowances.
Section 704 prohibits the use of appropriated funds to
compensate officers or employees of the Federal government in
the continental United States unless they are citizens of the
United States or qualify under other specified exceptions.
Section 705 ensures that appropriations made available to
any department or agency for space, services and rental charges
shall also be available for payment to the General Services
Administration.
Section 706 allows the use of receipts from the sale of
materials for acquisition, waste reduction and prevention,
environmental management programs and other Federal employee
programs as appropriate.
Section 707 allows funds for administrative expenses of
government corporations and certain agencies to also be
available for rent in the District of Columbia, services under
5 U.S.C. 3109, and the objects specified under this head.
Section 708 prohibits funds for interagency financing of
boards (with exception), commissions, councils, committees or
similar groups to receive multi-agency funding without prior
statutory approval.
Section 709 precludes funds for regulations which have
been disapproved by joint resolution.
Section 710 limits the amount of funds that can be used
for redecoration of offices under certain circumstances to
$5,000, unless advance notice is transmitted to the House and
Senate Committees on Appropriations.
Section 711 allows for interagency funding of national
security and emergency preparedness telecommunications
initiatives.
Section 712 requires agencies to certify that a Schedule
C appointment was not created solely or primarily to detail the
employee to the White House.
Section 713 prohibits the salary payment of any employee
who prohibits, threatens, prevents or otherwise penalizes
another employee from communicating with Congress.
Section 714 prohibits Federal employee training not
directly related to the performance of official duties.
Section 715 prevents funds from being used to implement
or enforce non-disclosure agreement policies unless certain
provisions are included, updates the Executive Order and other
citations and makes provisions for nondisclosure agreements
entered into before the effective date of any updated statutes
of governance.
Section 716 prohibits executive branch agencies from
using funds for propaganda or publicity purposes in support or
defeat of legislative initiatives.
Section 717 prohibits any Federal agency from disclosing
an employee's home address to any labor organization, absent
employee authorization or court order.
Section 718 prohibits funds to be used to provide non-
public information such as mailing or telephone lists to any
person or organization outside the government without the
approval of the House and Senate Committees on Appropriations.
Section 719 prohibits the use of funds for propaganda and
publicity purposes not authorized by Congress.
Section 720 directs agency employees to use official time
in an honest effort to perform official duties.
Section 721 authorizes the use of funds to finance an
appropriate share of the Federal Accounting Standards Advisory
Board administrative costs.
Section 722 authorizes the transfer of funds to the
General Services Administration to finance an appropriate share
of various government-wide boards and councils under certain
conditions.
Section 723 permits breastfeeding in a Federal building
or on Federal property if the woman and child are authorized to
be there.
Section 724 permits interagency funding of the National
Science and Technology Council and requires the Office of
Management and Budget to provide a report to the House and
Senate on the budget and resources of the National Science and
Technology Council.
Section 725 requires that the Federal forms that are used
in distributing Federal funds to a State must indicate the
agency providing the funds, the Federal Domestic Assistance
Number, and the amount provided.
Section 726 prohibits the use of funds to monitor
personal information relating to the use of Federal Internet
sites to collect, review, or create any aggregate list that
includes personally identifiable information relating to access
to or use of any Federal Internet site of such agency.
Section 727 requires health plans participating in the
Federal Employees Health Benefits Program to provide
contraceptive coverage and provides exemptions to certain
religious plans.
Section 728 recognizes the United States is committed to
ensuring the health of the Olympic, Pan American and Paralympic
athletes, and supports the strict adherence to antidoping in
sport activities.
Section 729 allows funds for official travel to be used
by departments and agencies, if consistent with OMB and Budget
Circular A-126, to participate in the fractional aircraft
ownership pilot program.
Section 730 prohibits funds for implementation of the
Office of Personnel Management regulations limiting detailees
to the Legislative Branch or implementing limitations on the
Coast Guard Congressional Fellowship Program.
Section 731 restricts the use of funds for Federal law
enforcement training facilities with an exception for the
Federal Law Enforcement Training Center.
Section 732 prohibits funds for E-Government initiatives
sponsored by the Office of Management and Budget prior to 15
days following submission of a report to the House and Senate
Committees on Appropriations and receipt of the Committees'
approval to transfer funds. The section also prohibits funds
for new E-Government initiatives without the explicit approval
of the Committees.
Section 733 prohibits funds to begin or announce a study
or public-private competition regarding conversion to
contractor performance pursuant to OMB Circular A-76.
Section 734 prohibits executive branch agencies from
creating prepackaged news stories that are broadcast or
distributed in the United States unless the story includes a
clear notification within the text or audio of that news story
that the prepackaged news story was prepared or funded by that
executive branch agency.
Section 735 prohibits funds from being used in
contravention of the Privacy Act or associated regulations.
Section 736 requires agencies to evaluate the
creditworthiness of an individual before issuing a government
travel charge card and prohibits agencies from issuing a
government travel charge card to individuals who have an
unsatisfactory credit history.
Section 737 requires the Office of Management and Budget
to submit a crosscut budget report on Great Lakes restoration
activities not later than 45 days after the submission of the
budget of the President to Congress.
Section 738 prohibits funds in this or any other Act to
be used for Federal contracts with inverted domestic
corporations, unless the contract preceded this Act or the
Secretary grants a waiver in the interest of national security.
Section 739 prohibits agencies from using funds to
implement regulations changing the competitive areas under
reductions-in-force for Federal employees.
Section 740 makes changes to Section 743 of the
Consolidated Appropriations Act of 2010 (Public Law 111-117) to
require reporting on task orders.
Section 741 requires agencies to pay a fee to the Office
of Personnel Management for processing retirements of employees
who separate under Voluntary Early Retirement Authority or who
receive Voluntary Separation Incentive payments.
Section 742 declares references to ``this Act'' contained
in any title other than title IV or VIII shall not apply to
such titles IV or VIII.
Section 743 prohibits funds to require any entity
submitting an offer for a Federal contract to disclose
political contributions.
Section 744 provides transfer authority for amounts made
available to the Commodity Futures Trading Commission for
information technology investments under Public Law 112-55.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to the following general provisions
for the District of Columbia:
Section 801 allows the use of local funds for making
refunds or paying judgments against the District of Columbia
government.
Section 802 prohibits the use of Federal funds for
publicity or propaganda designed to support or defeat
legislation before Congress or any State legislature.
Section 803 establishes reprogramming procedures for
Federal funds.
Section 804 prohibits the use of Federal funds for the
salaries and expenses of a shadow U.S. Senator or U.S.
Representative.
Section 805 places restrictions on the use of District of
Columbia government vehicles.
Section 806 prohibits the use of Federal funds for a
petition or civil action which seeks to require voting rights
for the District of Columbia in Congress.
Section 807 prohibits the use of Federal funds in this
Act to distribute, for the purpose of preventing the spread of
blood borne pathogens, sterile needles or syringes in any
location that has been determined by local public health
officials or local law enforcement authorities to be
inappropriate for such distribution.
Section 808 concerns a ``conscience clause'' on
legislation that pertains to contraceptive coverage by health
insurance plans.
Section 809 modifies and makes permanent a provision that
requires the Mayor of the District of Columbia to submit annual
reports on various indicators pertaining to the District of
Columbia as proposed by the Senate.
Section 810 prohibits the use of Federal funds to
legalize or reduce penalties associated with the possession,
use or distribution of any schedule I substance under the
Controlled Substances Act or any tetrahydrocannabinols
derivative.
Section 811 prohibits the use of funds for abortion
except in the cases of rape or incest or if necessary to save
the life of the mother.
Section 812 requires the CFO to submit a revised
operating budget no later than 30 calendar days after the
enactment of this Act for agencies the CFO certifies as
requiring a reallocation in order to address unanticipated
program needs.
Section 813 requires the CFO to submit a revised
operating budget for the District of Columbia Public Schools,
no later than 30 calendar days after the enactment of this Act,
that aligns school budgets to actual enrollment.
Section 814 authorizes the transfer of local funds to
capital and enterprise funds.
Section 815 permits the District of Columbia Public
Defender Service to purchase professional liability insurance
for its attorneys, staff and board members as proposed by the
Senate.
Section 816 modifies the frequency of management
evaluations by the Government Accountability Office of the
District of Columbia's chartering authority for public charter
schools as proposed by the Senate.
Section 817 specifies that references to this Act in this
title or title IV are treated as referring only to the
provisions of this title and title IV.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2012
The following is an explanation of the effects of
Division D, which makes appropriations for the Department of
Homeland Security for fiscal year 2012. Unless otherwise noted,
reference to the House and Senate reports are to House Report
112-91 and Senate Report 112-74, respectively. The language and
allocations contained in House Report 112-91 and Senate Report
112-74 should be complied with and carry the same emphasis as
the language included in the explanatory statement, unless
specifically addressed to the contrary in the conference report
or this explanatory statement. While repeating some report
language for emphasis, this explanatory statement does not
intend to negate the language referred to above unless
expressly provided herein. When this explanatory statement
refers to the Committees or the Committees on Appropriations,
unless otherwise noted, this reference is to the House
Subcommittee on Homeland Security and the Senate Subcommittee
on the Department of Homeland Security. In cases where the
explanatory statement directs the submission of a report, such
report shall be provided to the Committees on Appropriations by
February 15, 2012, unless otherwise directed. In cases where
the explanatory statement directs a briefing, such briefing
shall be provided to the Committees by February 15, 2012,
unless otherwise directed.
This explanatory statement refers to the following laws
and organizations as follows: Implementing Recommendations of
the 9/11 Commission Act of 2007, Public Law 110-53, is
referenced as the 9/11 Act; Robert T. Stafford Disaster Relief
and Emergency Assistance Act, Public Law 93-288 is referenced
as the Stafford Act; Budget Control Act of 2011, Public Law
112-25, is referenced as the Budget Control Act (BCA); the
Department of Homeland Security is referenced as DHS or the
Department; the Government Accountability Office is referenced
as GAO; and the Office of Inspector General of the Department
of Homeland Security is referenced as OIG. In addition, any
reference to ``full-time equivalents'' shall be referred to as
FTE; any reference to ``program, project, and activity'' shall
be referred to as PPA; and any reference to the Secretary shall
be interpreted to mean the Secretary of Homeland Security.
Classified Programs
Recommended adjustments to classified programs are
addressed in a classified annex accompanying this explanatory
statement.
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
A total of $133,159,000 is provided for ``Office of the
Secretary and Executive Management.'' Not to exceed $51,000 of
this funding shall be for official reception and representation
expenses, including $17,000 for the Office of Policy to support
Visa Waiver Program negotiations in Washington, DC, and for
other international activities. This Act also includes a
provision requiring that funds made available for ``Immediate
Office of the Secretary'' and ``Immediate Office of the Deputy
Secretary'' shall be used to pay costs associated with use of
government aircraft by DHS personnel in support of official
travel of the Secretary and Deputy Secretary.
The amount provided for this appropriation by PPA is as
follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Immediate Office of the Secretary...................... $5,000,000
Immediate Office of the Deputy Secretary............... 1,918,000
Office of the Chief of Staff........................... 2,300,000
Office of Counternarcotics Enforcement................. 1,800,000
Executive Secretary.................................... 8,100,000
Office of Policy....................................... 40,000,000
Office of Public Affairs............................... 5,800,000
Office of Legislative Affairs.......................... 6,000,000
Office of Intergovernmental Affairs.................... 2,650,000
Office of General Counsel.............................. 22,400,000
Office for Civil Rights and Civil Liberties............ 22,500,000
Citizenship and Immigration Services Ombudsman......... 6,200,000
Privacy Officer........................................ 8,491,000
----------------
Total, Office of the Secretary and Executive 133,159,000
Management........................................
------------------------------------------------------------------------
Biometric Exit
Congress has long sought the Department's determination
on the path forward for implementing biometric exit, and the
conferees have asked for a detailed plan to include costs. On
October 17, 2011, the Secretary sent a letter to the chairmen
and ranking members of relevant appropriations and
authorization committees outlining general concerns about
implementation, particularly the cost of such an undertaking,
and proposing legislative changes to existing law. While the
Secretary states, ``DHS remains committed to introducing a
biometric component to the exit process'', the letter does not
constitute a detailed plan for implementation. Therefore,
statutory language is included in this Act withholding funds
from the Office of the Secretary until the plan is submitted,
to include identifying associated costs.
Office of Counternarcotics Enforcement
A total of $1,800,000 is provided for ``Office of
Counternarcotics Enforcement'' (CNE), which is available until
March 30, 2012, to continue CNE operations while the Department
conducts an orderly termination of the Office. This funding may
be transferred to the Office of Policy, which is expected to
assume policy development and coordination responsibilities
currently assigned to CNE, and any such funds transferred will
be available until September 30, 2012. The Assistant Secretary
for Policy shall provide, as part of the requirement for an
expenditure plan for the Office of Policy, a detailed
description of any such transfers.
The termination of CNE reflects the need to streamline
Executive Branch efforts to carry out the counternarcotics
enforcement mission. Allowing the funds to be transferred to
the Office of Policy will ensure the Department can integrate
the existing CNE policy planning and coordination activities
within the broader Department enforcement and security missions
and make optimum use of the existing planning and operations
elements of its key law enforcement agencies. It will also
enable the Department, through the Office of Policy, to
coordinate DHS policy and programs that are carried out with
the Office of National Drug Control Policy and other Federal,
State, local, and international government partners. As CNE
will be terminated, the GAO is neither required to submit an
assessment of progress in implementing OIG recommendations
concerning CNE, nor to assess DHS counternarcotics
coordination, as required in the House report.
Expenditure Plans
The Department shall prepare expenditure plans for fiscal
year 2012 for the agencies funded under this appropriation as
specified in the Senate report, with the exception of CNE which
is being terminated. The plans shall be submitted to the
Committees no later than March 30, 2012. The plan for the
Office of Policy shall list planned projects for each sub-
office within the Office of Policy, with their associated
funding and staffing requirements. In addition, should the
funds made available for either counternarcotics or risk
management and analysis functions be transferred to the Office
of Policy, as permitted by this Act, those resources should be
delineated in the manner specified for each sub-office in the
expenditure plan, including missions, planned expenditures, and
activities. In addition to expenditure plans described above,
the Act requires additional fiscal year 2012 expenditure plans,
including a plan for TSA passenger screening and checked
baggage technology programs, the Office of Infrastructure
Protection and the National Cyber Security Division, the Office
of Health Affairs, and the Federal Emergency Management Agency.
The Department has failed to deliver a number of
statutorily required fiscal year 2011 expenditure plans, or has
delivered them unacceptably late. The Department is expected to
comply with Congressional direction and demonstrate the
priority it places on these programs and submit required
expenditure plans as directed and in accordance with the
specified deadlines. The Department should already have these
expenditure plans as part of its routine management activities;
therefore, it is notable, and entirely inexcusable, that the
Department did not, for example, submit fiscal year 2011
expenditure plans for the Office of Policy or US-VISIT--and it
is well past the end of the fiscal year.
Quarterly Reports
The Department is directed to continue submitting the
quarterly Secure Border Initiative (SBI) reports, now to be
called the Border Security Status Report. The new reports shall
continue to include all performance metrics and resource data
from past reports in their current format, with the exception
that they no longer should include resource data on SBI total
budget obligations and outlays and budget execution reports.
That information already is contained in the annual Border
Security Fencing, Infrastructure, and Technology expenditure
plan. Additionally, the Department shall include the following
in the report: (a) estimates of the impact of programs (such as
Operation Streamline) that are intended to reduce the rate of
recidivism of illegal border crossers; (b) for ports of entry,
the maritime domain, and between the ports of entry: (1)
estimates of total attempted border crossings; (2) the rate of
apprehension of attempted border crossings; and (3) the inflow
into the United States of illegal entrants that evade
apprehension; and (c) data on the subsequent enforcement
actions associated with Customs and Border Protection (CBP)
apprehensions, such as voluntary return, expedited removal,
transfer to Immigration and Customs Enforcement (ICE) custody,
transfer for criminal prosecution, Mexican Interior
Repatriation Program, and other categories necessary to provide
an accurate accounting of such actions.
The Department is directed to submit quarterly reports on
operations in a timely manner, including the overdue SBI
Quarterly Status reports, the new Border Security Status
Reports, the Secure Communities Quarterly Reports, and the
Detention and Removal Operations Quarterly Reports. These
reports present critical operational statistics, readily
available to the Department, which are necessary for
appropriate oversight. However, in many instances, the
Department has failed to provide these reports in accordance
with specified deadlines, with submissions being so late that
these reports limit the Committees' ability to ensure timely
oversight.
Working Capital Fund
The Department shall include a separate justification in
its fiscal year 2013 budget request for the Working Capital
Fund (WCF), as specified in the House report. This
justification shall identify and explain cross-cutting
initiatives or activities that benefit multiple organizations
and are not included in the WCF. The Department shall notify
the Committees promptly of any changes made to the WCF during
the fiscal year and should not use the WCF to support
activities for which funding requests were previously
disapproved by the Committees.
Official Reception and Representation Allowances
The Department is directed to submit quarterly reports to
the Committees listing obligations for all DHS Reception and
Representation Expenses by purpose and dollar amount, at a
level of detail provided in fiscal year 2011, or in greater
detail if that is required to explain how funds were used. The
Department shall review the level of reception and
representation allowances for its agencies and components to
assure they align with missions and responsibilities and submit
any proposed changes as part of the fiscal year 2013 budget
request.
Coordination of Federal Chemical Security Efforts
The Department is expected to execute a Memorandum of
Agreement between the National Protection and Programs
Directorate and the Coast Guard regarding harmonization of
chemical security responsibilities established by Chemical
Facilities Anti-Terrorism Standards regulations and Maritime
Transportation Security Act regulatory programs no later than
March 30, 2012. The Deputy Secretary is directed to submit
reports on chemical security efforts to the Committees on
Appropriations as directed in the Senate report. However, the
reports shall be submitted on a semi-annual basis instead of
quarterly with the first report due no later than March 30,
2012.
Federally Funded Research and Development Centers
The Department is directed to report semi-annually to the
Committees on Appropriations on projects tasked to Federally
Funded Research and Development Centers as directed in the
Senate report and to immediately submit reports for fiscal
years 2010 and 2011, which are unacceptably late.
Cybersecurity
Both the Department of Homeland Security and the National
Guard have capabilities, in conjunction with the private
sector, to respond to issues related to cybersecurity. In an
effort to improve coordination between the Federal government
and the private sector and to exploit and enhance the
capabilities of both sectors, the conferees direct the Deputy
Secretary of DHS, jointly with the Deputy Secretary of Defense,
to submit a report to the Committees no later than May 1, 2012,
regarding the capabilities for a coordinated response to a
cyber attack. The report shall evaluate the costs and benefits
of deploying the National Guard, or other equivalent civilian
teams, to supplement current abilities to prevent and recover
from a cyber attack. The report shall also include: a
description of current activities of both DHS and the National
Guard related to the deployment of teams to help prevent or
recover from a cyber attack; the authorities of each
Department, including the boundaries of such authorities and
statutory changes that may be necessary to use joint
authorities in a domestic response; a description of training
and education efforts; and a discussion of how critical
relationships can be established across the agencies to fulfill
cybersecurity responsibilities.
Freedom of Information Act
The Privacy Officer is directed to report to the
Committees on Appropriations no later than 30 days after the
date of enactment of this Act on measures put in place to
implement the OIG's recommendations to fix problems identified
with the Department's Freedom of Information (FOIA) activities
(OIG-11-67), including whether and how recent adjustments to
DHS FOIA policies and procedures have improved the processing
of inquiries, such as decreasing wait times for approval of
significant requests.
Departmental Integrity Efforts
Since Congress initiated significant increases in funding
for border security and immigration enforcement in 2005, CBP
has hired more than 19,176 new employees, a 46 percent
increase, and ICE has hired over 4,747 new personnel, a 31
percent increase. Since 2007, in an effort to reduce the
potential for increased corruption, the Congress has provided
over $11,000,000 more than Presidents have requested for
program integrity efforts. It is expected that the President
will join Congress in the effort to get ahead of this problem
by including increased resources in the fiscal year 2013 budget
request.
Office of the Under Secretary for Management
A total of $235,587,000 is provided for ``Office of the
Under Secretary for Management,'' of which not to exceed $2,500
shall be for official reception and representation expenses.
Within this amount, $5,000,000 shall be available until
September 30, 2016, solely for costs of facilities alteration
and improvement, tenant improvements, and relocations to
consolidate DHS headquarters operations at the Nebraska Avenue
Complex.
Pursuant to section 560, a total of $55,979,000 is
provided for ``Office of the Under Secretary for Management''
for costs associated with headquarters consolidation and
mission support consolidation. These funds shall be prioritized
towards the completion of phase I of the headquarters
consolidation project at the St. Elizabeths site in order to
avoid further increases to cost and schedule. The Under
Secretary shall submit an expenditure plan no later than 90
days after the date of enactment of this Act detailing how
these funds will be allocated, including a revised schedule and
cost estimates for headquarters consolidation. Quarterly
briefings are required on headquarters and mission support
consolidation activities, including any deviation from the
expenditure plan.
The amount provided for this appropriation by PPA is as
follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Immediate Office of the Under Secretary for Management. $2,550,000
Office of Security..................................... 70,000,000
Office of the Chief Procurement Officer................ 78,000,000
Office of the Chief Human Capital Officer:
Salaries and Expenses.............................. 25,165,000
Human Resources Information Technology............. 14,172,000
----------------
Subtotal....................................... 39,337,000
Office of Chief Administrative Officer:
Salaries and Expenses.............................. 40,700,000
Nebraska Avenue Complex............................ 5,000,000
----------------
Subtotal....................................... 45,700,000
----------------
Total, Office of the Under Secretary for 235,587,000
Management................................
------------------------------------------------------------------------
Polar Icebreaker Program
None of the requested funding is provided for a new study
of the need for Coast Guard icebreakers. Given the findings of
previous reports and analyses of this issue, the Department is
urged to develop a concept of operations and resource plan to
meet national icebreaking needs, including leveraging expertise
within the Coast Guard and Science and Technology Directorate.
The Under Secretary shall brief the Committees on the status of
this plan no later than 90 days after the date of enactment of
this Act.
Comprehensive and Quarterly Acquisition Status Reports
Senate Report 111-31 directed the submission of quarterly
acquisition reports for major acquisitions. The quarterly
reports for fiscal year 2010 were not submitted to Congress at
the end of each quarter as directed, but instead all four
quarterly reports were combined into one report and submitted
on April 12, 2011--over six months after the end of fiscal year
2010. This lack of responsiveness is unacceptable, especially
since the information requested is already required by the
Department as part of its own acquisition oversight process.
In order to obtain the information necessary for in-depth
congressional oversight, statutory language is included in this
Act under ``Office of the Under Secretary for Management'' that
requires a Comprehensive Acquisition Status Report to be
included as part of the submission of the President's fiscal
year 2013 budget, with quarterly updates to be submitted 30
days after the completion of each quarter. The requirements for
both reports are addressed below.
The Comprehensive Acquisition Status Report shall include
programs identified for Major Acquisition Oversight as defined
in the Department memorandum titled ``Department of Homeland
Security Major Acquisition Oversight List'' dated January 25,
2011, and programs that have been classified for major
acquisition oversight subsequent to the referenced memorandum.
The Comprehensive Acquisition Status Report shall include
for each major acquisition:
1. A narrative description to include current gaps and
shortfalls, the capabilities to be fielded, and the number of
planned increments and/or units;
2. Acquisition Review Board (or other board designated to
review the acquisition) status of each acquisition, including
the current acquisition phase, the date of the last review and
a listing of the required documents that have been reviewed
with the dates reviewed and/or approved;
3. The most current approved Acquisition Program Baseline
(to include project schedules and events);
4. A comparison of the original Acquisition Program
Baseline, the current Acquisition Program Baseline, and the
current estimate;
5. Whether or not an Independent Verification and
Validation has been implemented, with an explanation for the
decision and a summary of any findings;
6. A rating of cost risk, schedule risk, and technical
risk associated with the program (including narrative
descriptions and mitigation actions);
7. Contract status (to include earned value management
data as applicable);
8. A life-cycle cost of the acquisition, and time basis
for the estimate;
9. A planned procurement schedule, including the best
estimate of the annual cost and increments/units to be procured
annually until procurement is complete;
10. A table delineated by appropriation that provides
(for prior years; past year; current year; budget year; budget
year plus one; budget year plus two; budget year plus three;
budget year plus four and beyond; and total cost) the actual or
estimated appropriations, obligations, unobligated authority,
and planned expenditures;
11. The reason for any significant changes (from the
previous comprehensive report) in acquisition quantity, cost,
or schedule;
12. Key Events/Milestones from the prior fiscal year; and
13. Key Events/Milestones for the current fiscal year.
Quarterly reports shall include:
1. An updated status report on any major acquisition for
which there has been an approved or a new acquisition program
baseline, a new acquisition decision memorandum, or where there
has been significant deviation from the prior report with
respect to acquisition cost, quantity, or schedule (a
significant change is any deviation in cost or quantity that
exceeds eight percent or any change in schedule that exceeds
six months).
2. A table depicting the title of the program, quantity
and cost based on the original Acquisition Program Baseline,
quantity and cost based on the most current acquisition program
baseline, the quantity and cost of the most current estimate,
and the explanation for any change in quantity and cost from
prior reports.
3. If applicable, a copy of the acquisition decision
memorandum, together with a copy of the Letter of Assessment
signed by the Director of Testing and Evaluation.
The requirements described under this heading shall
replace those included in Senate Reports 111-31 and 112-74.
Office of the Chief Procurement Officer
A total of $78,000,000 is provided for ``Office of the
Chief Procurement Officer'' (OCPO), including an increase of
$3,403,000 to enhance DHS acquisition capabilities.
OCPO shall brief the Committees no later than February
15, 2012, on its acquisition workforce initiative, as directed
in the House and Senate reports, including: a baseline analysis
of its workforce and requirements used in defining the gaps in
DHS acquisition capacity and determining the skill sets and
positions needed to fill those gaps; risks of not filling
needed positions; and the long-term strategy to close
competency gaps. In cases where component requests for the
Federal Acquisition Workforce Initiative were not funded at the
requested amount, components should use existing appropriations
and fee authority to hire and train highly qualified
acquisition personnel for which there are clearly defined
requirements.
Office of the Chief Human Capital Officer
A total of $39,337,000 is provided for ``Office of the
Chief Human Capital Officer'' (OCHCO), including an increase of
$688,000 for salaries and expenses to enhance the Balanced
Workforce Program Office, workforce training, and leadership
development. A total of $14,172,000 is included for the Human
Resources Information Technology program.
Secretary's Efficiency Review and the Balanced Workforce Initiative
The Under Secretary for Management and the Chief Human
Capital Officer are directed to brief the Committees on
Appropriations no later than February 15, 2012, on the results
of the Secretary's Efficiency Review and the ongoing Balanced
Workforce Initiative. The briefing should cover, by priority,
efficiencies identified through the Review and progress in
implementing them; components and specific procurements where
additional oversight personnel are required and where they are
being or are planned to be deployed; and how reforms in
headquarters structure and function are improving support and
management for Department field operations. The briefing should
cover the status of the ongoing Balanced Workforce Initiative;
provide the most current list of positions DHS plans to convert
from contractor to Federal positions, and progress against that
list; and discuss estimated savings from that effort and the
methodology used to calculate those savings.
The Department is directed to arrange for an independent
evaluation of its efficiency review and provide the results to
the Committees on Appropriations no later than 30 days after
its completion.
Office of the Chief Financial Officer
A total of $50,860,000 is provided for ``Office of the
Chief Financial Officer.'' The amount provided includes a
decrease from the budget request of $11,000,000 for the
Transformation and Systems Consolidation (TASC) project due to
the Department's decision to cancel acquisition plans for TASC.
Annual Budget Justifications
Both Senate and House reports call for improvements in
the content, detail, and format of annual Congressional Budget
Justifications submitted by the Department and its components.
It is essential to the work of Congress that such information
be timely, accurate, concise, and organized in such a way that
facilitates the comparison of current with proposed
appropriations for programs, projects, and activities.
Developing comprehensive and clear justifications not only
disciplines the planning and resource allocation process but
could also reduce the need for ancillary budget explanations
and program and project expenditure plans and the associated
withholding of funding necessitated by the Department's failure
to submit these in a complete or timely manner.
Current budget presentation materials, while lengthy and
containing a wide range of program data, do not uniformly
provide the information the Committees need to assess the
impact of the funding being proposed, how it compares to prior
year actual appropriations and funded FTE levels, or to
evaluate activities proposed to be continued, terminated, or
initiated. Terminology is sometimes ambiguous, or used
inconsistently, including terms such as interagency transfers
or ``transfers'' between PPAs; adjustments to base;
``authorized'' rather than ``funded'' position and FTE levels;
or unspecified references to ``technical adjustments'' or
``administrative savings.''
Current services descriptions of agency activity and
accomplishments, while providing a context for agency
operations and budgets, should be consolidated and presented
separately from the core justification for appropriations.
To address the concerns described above, the Chief
Financial Officer is directed to ensure that fiscal year 2013
budget justifications for classified and unclassified budgets
of all Department components are submitted on February 6, 2012,
concurrent with the President's budget submission to Congress.
The justifications shall include:
1. Detailed data and explanatory descriptions for each
appropriations request, and for each PPA reflected in the table
accompanying this statement, including offices that have been
identified as PPAs. Information regarding actual and planned
accomplishments should be in quantifiable terms and demonstrate
a direct relationship to funding;
2. Tables that reflect actual and estimated funding by
PPA for fiscal years 2011 and 2012; identify each increase,
decrease, transfer, and staffing change proposed in fiscal year
2013; and explain such year-to-year changes in terms that are
clear and unambiguous, and exclude nonspecific terms such as
``technical adjustment'' or ``administrative savings'' unless
accompanied by a detailed explanation. To establish a common
baseline reference, the fiscal year 2012 discretionary data
shall tie to the fiscal year 2012 discretionary total in the
table accompanying this statement or have a table identifying
each change. Explanations of adjustments to base funding,
whether increases or decreases, should be specific, and
programmatic changes and initiatives should be clearly
identified and justified;
3. For each PPA that is comprised of acquisition and
procurement activity, the justification should address all
proposed spending using a zero-based budget description;
4. Information by appropriations account and PPA on all
reimbursable agreements and significant uses of the Economy Act
for each fiscal year;
5. A detailed table identifying the last year that
authorizing legislation was enacted into law for each PPA,
including the amount of the authorization and the appropriation
in the last year of authorization;
6. The text and citation of all Department appropriations
provisions enacted to date that are permanent law;
7. Explanations and justifications for all proposed
legislative language changes, whether they are new or amend
existing law, whether they are substantive or technical in
nature, with an annotated comparison of proposed versus
existing language; and
8. A report on the status of overdue Committee reports,
plans, and briefings for each of fiscal years 2011 and 2012.
Consistent with section 874 of Public Law 107-296, the
Department shall submit a Future Years Homeland Security
Program budget as part of the fiscal year 2013 budget
justification, reflecting anticipated spending for fiscal years
2013-2017. It shall be in unclassified form so as to be
accessible to the general public.
Financial Management Improvement
The Office of the Chief Financial Officer is directed to
keep the Committees fully informed on financial management
improvement plans for the Department, as required in the House
and Senate reports, including any centralized or decentralized
solutions that would fulfill the objectives originally set for
the TASC project and any plans for integrating the Department's
remaining management systems for acquisitions and assets.
Balances remain available for TASC from prior-year
appropriations, which may be obligated for TASC closeout costs
or obligated for additional financial management plans in
fiscal year 2012 if a new strategy is approved by the DHS
Acquisition Review Board and if the Department completes an
independent evaluation to validate that strategy prior to
obligation of any of these funds. In order to maintain other
Department-wide management initiatives, $5,000,000 is rescinded
from unobligated balances related to this effort. This
rescission is from funds appropriated in fiscal years 2005 and
2006.
Nuclear Detection Technology Acquisition
The Office of Program Analysis and Evaluation is directed
to undertake an evaluation of the Department's current approach
to acquisition of technology and systems for its nuclear
detection mission, which is presently conducted through the
Domestic Nuclear Detection Office, and an analysis of
alternative approaches, including assigning acquisition
responsibilities and resources to component agencies that own
and operate the technology. The evaluation shall include a
cost-benefit analysis of the relevant options. The results of
this review shall be submitted to the Committees no later than
120 days after the date of enactment of this Act.
User Fees
The Department is directed to continue submitting user
fee collections and balances on a semi-annual basis rather than
quarterly, including steps taken to mitigate any shortfalls in
collections.
Office of the Chief Information Officer
A total of $257,300,000 is provided for ``Office of the
Chief Information Officer.''
The amount provided for this appropriation by PPA is as
follows:
Salaries and Expenses................................... $105,500,000
Information Technology Services......................... 38,800,000
Infrastructure and Security Activities.................. 69,000,000
Homeland Secure Data Network............................ 44,000,000
--------------------------------------------------------
____________________________________________________
Total, Office of the Chief Information Officer...... $257,300,000
Salaries and Expenses
A total of $105,500,000 is provided for ``Salaries and
Expenses.'' Within the funding provided for this appropriation,
$253,000 is provided to strengthen acquisition workforce
capabilities.
Infrastructure and Security Activities
A total of $69,000,000 is provided for ``Infrastructure
and Security Activities.'' The multi-year investment and
management plan shall include details on how the activities
under this heading are to be funded.
Data Center Migration
Section 556 provides $70,000,000 for data center
migration. The CIO shall notify the Committees on the initial
allocation of this funding within 45 days after the date of
enactment of this Act. The CIO shall continue to provide
quarterly briefings to the Committees on the progress of data
center development and migration. Given that component data
center migration schedules may shift during the course of the
fiscal year based on changing circumstances and priorities the
general provision includes authority for the Secretary to
transfer funds made available for data center migration, as
necessary, among components based on revised schedules and
priorities with 15 days prior notice to the Committees.
Analysis and Operations
A total of $338,068,000 is provided for ``Analysis and
Operations,'' of which $141,521,000 shall remain available
until September 30, 2013. No funding is provided for the C2 Gap
Filler Technology initiative. The Department's Chief
Intelligence Officer is directed to submit an expenditure plan
no later than 60 days after the date of enactment of this Act
to the Committees, as required in the Senate report. Additional
information on funding levels and reporting requirements are
detailed in the classified annex accompanying this statement.
State and Local Fusion Center Program
The Office of Intelligence and Analysis (I&A) is directed
to develop robust programmatic justification to better identify
and quantify the Federal benefit and return on investment from
the State and Local Fusion Center (SLFC) program. I&A shall
submit such justification at the time the President's fiscal
year 2013 budget is submitted and provide semi-annual briefings
on the fusion center program, in lieu of a quarterly reporting
requirement in the House report and quarterly briefing
requirements in the Senate report. The first briefing shall
occur no later than February 15, 2012, conform to the
requirements outlined in the Senate report, and include metrics
to judge the success of the SLFC program.
Office of Inspector General
A total of $141,000,000 is provided for ``Office of
Inspector General,'' including $117,000,000 in direct
appropriations and $24,000,000 transferred from the Disaster
Relief Fund (DRF) for audits and investigations related to that
funding. The OIG is directed to submit a plan for expenditure
of all funds no later than 30 days after the date of enactment
of this Act, in lieu of the 90 day requirement in the Senate
report. The Office is further directed to notify the Committees
of all transfers from the DRF by including them in the
Department of Homeland Security Chief Financial Officer's
monthly budget execution reports submitted to the Committees,
in lieu of the 15-day advance notification required in the
Senate report. These reports shall satisfy the requirements for
notification of DRF transfers under section 503 of this Act.
Integrity Investigations
Within the funding provided for this appropriation, an
increase of no less than $4,000,000 is provided for integrity
investigations. In lieu of the 45-day requirement in the Senate
report OIG is directed to submit, no later than 30 days after
the date of enactment of this Act, a plan for expenditure of
integrity oversight funds in coordination with CBP and ICE.
This plan shall be submitted along with the overall expenditure
plan for OIG.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
SALARIES AND EXPENSES
A total of $8,680,118,000 is provided for ``Salaries and
Expenses.'' The request for Headquarters, Management, and
Administration is reduced by $3,452,000 for the Acquisition
Workforce Initiative, the data center migration funds, and
$10,400,000 in additional administrative savings. Data center
migration is funded through a general provision. The funding
level also reflects an additional $5,000,000 for integrity
programs.
Border Security Inspections and Trade Facilitation is
funded at $2,484,235,000, including the following for requested
initiatives: $44,407,000 for the adjustment for law enforcement
journeyman pay costs; $86,109,000 for prior year annualization
of 963 CBP officers; $20,692,000 for an additional 300 CBP
officers at new and expanded ports of entry; $2,212,000 for
additional canine units at ports of entry; and $7,499,000 to
expand the Immigration Advisory Program to four additional
locations. Funds provided for the following critical operations
include increases above the request:
$74,557,000 for International Cargo Screening, including
$3,287,000 for the Secure Freight Initiative and $71,270,000
for the Container Security Initiative;
$41,400,000 for Automated Targeting Systems which will
enable enhancements to one of the Department's most effective
counter-terrorism and security capabilities;
$51,950,000 for the National Targeting Center, including
the requested increase of $16,400,000 for 45 new CBP officers
and 20 new analysts, as well as an additional $5,000,000 to
ensure operations are appropriately staffed; and
$151,298,000 for trade compliance and enforcement efforts
in the Office of Trade, including an increase of $5,000,000 for
personnel, enhanced targeting, and strategy development.
The enacted funding level has been adjusted to reflect
the passage of Public Law 112-42, which removed the exemption
from COBRA fee collections for certain travelers. This will
result in additional revenue of $110,000,000 annually and
$83,000,000 in fiscal year 2012, to support CBP inspection
services. Such revenue is to directly support 21,186 CBP
officers.
Border Security and Control between Ports of Entry is
funded at $3,619,604,000, which reflects an increase of
$191,459,000 for prior year annualization of 1,000 additional
agents along with support personnel funded in the fiscal year
2010 Border Security Supplemental, as well as $184,717,000 for
the adjustment for law enforcement journeyman pay costs, as
requested. This overall level will support a Border Patrol
agent force of 21,370 (compared to 12,349 in fiscal year 2006),
including 2,212 deployed to the Northern Border and 18,415
deployed to the Southwest Border.
The amount provided for this appropriation by PPA is as
follows:
Headquarters, Management, and Administration:
Management and Administration, Border Security
Inspections and Trade Facilitation................ $667,794,000
Management and Administration, Border Security and
Control between Ports of Entry.................... 717,309,000
Rent................................................ 483,749,000
--------------------------------------------------------
____________________________________________________
Subtotal, Headquarters Management and
Administration................................ 1,868,852,000
Border Security Inspections and Trade Facilitation:
Inspections, Trade, and Travel Facilitation at Ports
of Entry.......................................... 2,484,235,000
Harbor Maintenance Fee Collection (Trust Fund)...... 3,274,000
International Cargo Screening....................... 74,557,000
Other international programs........................ 10,684,000
Customs-Trade Partnership Against Terrorism (C-TPAT) 44,979,000
Trusted Traveler Programs........................... 6,311,000
Inspection and Detection Technology Investments..... 148,537,000
Automated Targeting Systems......................... 41,400,000
National Targeting Center........................... 51,950,000
Training............................................ 37,834,000
--------------------------------------------------------
____________________________________________________
Subtotal, Border Security Inspections and Trade
Facilitation.................................. 2,903,761,000
Border Security and Control between Ports of Entry:
Border Security and Control......................... 3,530,994,000
Training............................................ 88,610,000
--------------------------------------------------------
____________________________________________________
Subtotal, Border Security and Control between
POEs.......................................... 3,619,604,000
Air and Marine Operations....................... 287,901,000
--------------------------------------------------------
____________________________________________________
Total, CBP Salaries and Expenses................ $8,680,118,000
Revised Budget Structure
CBP is directed to propose a subdivision of the
Inspections, Trade, and Travel Facilitation at Ports PPA and
the Border Security and Control PPA within the ``Salaries and
Expenses'' appropriation in conjunction with the budget
submission for fiscal year 2013. At funding levels of
$2,484,235,000 and $3,530,994,000, respectively, the PPAs and
the accompanying budget justifications have not provided
adequate detail for appropriate oversight of these funds. CBP
shall brief the Committees on its proposed structure prior to
submission of its budget request. For instance, each PPA could
be subdivided into budget activities, such as: officer or agent
pay, civilian pay, equipment, operations and maintenance, and
procurement. CBP should provide a crosswalk from the 2012
budget structure to the new 2013 budget structure so that the
Committees can easily compare funding levels for the activities
within these new PPAs.
Further, CBP is directed to comply with the direction
included under the heading ``Office of Chief Financial
Officer'' with respect to improved budget justifications.
Financial Plan by Office Requirements
CBP is directed to provide the financial plan by office
as required by the Senate report. In addition, CBP shall
include its estimate by office with the budget justification
material for fiscal year 2013.
Staffing and Fees Supporting CBP Port of Entry Operations
CBP is directed to submit its staffing model for Field
Operations no later than February 15, 2012. In addition, CBP
shall address the reporting requirements related to manpower
and innovation in the House report and considerations related
to the staffing model in the Senate report.
Outbound Inspections
CBP shall brief the Committees no later than February 15,
2012, on its plans for outbound operations, as outlined in the
House report, and its 3-year strategy to improve and deploy
technology for outbound inspections, as discussed in the Senate
report.
Entry Process Improvements for Travelers
CBP shall submit a report no later than February 15,
2012, on actions taken to improve the entry process, as
discussed in the Senate report.
Trusted Traveler Programs
The Department shall brief the Committees on all DHS
trusted traveler programs, as discussed in the Senate report,
no later than February 15, 2012.
Cargo Screening Activities
As discussed in the House and Senate reports, CBP shall
brief the Committees no later than February 15, 2012, on its
guidelines regarding low risk shipments and how it is improving
trade processing and coordination.
Non-Intrusive Inspection and Radiation Detection Equipment
CBP is required to provide an investment and management
plan for CBP's Non-Intrusive Inspection and Radiation Detection
Equipment needs. The plan shall address all funds from all
sources, not just the Inspection and Detection Technology PPA,
including funding within the Domestic Nuclear Detection Office
``Systems Acquisition'' appropriation.
Automated Targeting Systems and National Targeting Center
CBP shall brief the Committees no later than January 13,
2012, on the use of the additional funds provided for these
critical activities.
Maritime Supply Chain Security
No funds are provided for the 100 percent scanning pilots
proposed in the President's budget request. DHS has failed to
provide any details or plans regarding how the proposed
$7,500,000 would be used. Furthermore, while the Administration
has been working on a supply chain security strategy to address
this mandate, it has still not been submitted to the
Committees. For that reason, these funds have been applied to
address shortfalls in the request for the Container Security
Initiative, a key supply chain security layer.
Border Patrol and Border Security between Ports of Entry
CBP shall submit a report to the Committees no later than
90 days after the date of enactment of this Act on its five-
year staffing and deployment plan for the Border Patrol. In
addition, the budget justification for fiscal year 2013 shall
include a plan detailing staffing and funding for the Northern
Border. CBP and ICE shall provide semi-annual briefings on
assaults on personnel, threats to the border, and progress made
on addressing the threats as required in the Senate report,
with the first briefing no later than February 15, 2012. At the
first briefing, CBP also shall brief on funds allocated for the
health, welfare, and safety of Border Patrol agents, as
directed in the House report.
Access to Federal Lands
As provided in the House report, the Departments of
Homeland Security, Agriculture, and Interior are directed to
brief the Committees no later than February 15, 2012, on their
plan to address the Border Patrol's access to Federal lands, as
appropriate and necessary, to ensure the border security of the
United States. DHS shall also brief the Committees no later
than February 15, 2012, on its implementation of GAO's
recommendations for border security coordination on Southwest
Federal lands contained in GAO-11-38 and GAO-11-177.
Joint Field Command Structure
While CBP allocated funds within its budget for the Joint
Field Command (JFC), it is important to understand the cost-
benefit for establishing the JFC and whether CBP intends to
establish this concept in other areas along the border. As
discussed in the House and Senate reports, CBP is directed to
brief the Committees no later than February 15, 2012.
Integrity Programs
An additional $5,000,000 above the amount requested is
provided for CBP's integrity programs, for a total of
$165,681,000. CBP is directed to provide the briefing required
in the House report by January 13, 2012.
Detention Statistics
CBP is directed to review how it collects and manages
information about individuals arrested and detained in CBP
custody for less than 72 hours, including the facilities used
for detaining such individuals. The review shall include ways
to address data quality, standardize definitions, and utilize
current reporting systems to routinely report on short-term
detention. In a briefing to occur no later than 120 days after
the date of enactment of this Act, CBP shall brief the
Committees on its review and on its policies and procedures
relating to conditions of facilities and what standards govern
the conditions and duration of custody.
Trade Compliance and Enforcement
An additional $5,000,000 above the amount requested is
provided for trade compliance and enforcement efforts. CBP is
directed to submit to the Committees the reports specified in
the Senate report, including the 3-year trade compliance
strategy and the antidumping and countervailing duty reports,
within the timeframes detailed in that report. In addition, CBP
shall submit the reports under the headings ``Textile
Transshipment Enforcement'' and ``Circumvention of Customs
Duties--Imports from China,'' as discussed in the House report,
within the timeframes detailed in that report.
Multi-Year Investment and Management Plans
As provided in section 568, CBP is required to submit a
multi-year investment and management plan with the
congressional budget justification materials for all
appropriated funds from all sources executed by the Office of
Information Technology (OIT) to provide a full picture of CBP's
information technology activities. It is expected that the
acquisition program baselines for Level I and II programs under
OIT will be provided as part of the comprehensive acquisition
status reports provided by the Under Secretary for Management.
A similar requirement is also included for funds in the
``Border Security Fencing, Infrastructure, and Technology''
(BSFIT) appropriation.
Transportation of Aliens
In response to OIG inquiries and OIG 11-27, CBP has taken
great strides to streamline its costs associated with
transportation and removal of aliens between Field Operations
and Border Patrol. ICE has also made progress in analyzing and
more efficiently managing its transportation costs. The next
step, however, has not been taken in a comprehensive manner--
exploring options for coordination of transportation locally,
regionally, and nationally, or sharing of transportation
resources between CBP and ICE given constrained resources
across DHS. CBP and ICE are directed to brief the Committees no
later than 180 days after the date of enactment of this Act on
the results of their joint efforts to take advantage of such
efficiencies.
Office of Technology Innovation and Acquisition
There is no clear plan for the Office of Technology
Innovation and Acquisition (OTIA), including staffing and
financing. CBP does not have authority to use funds provided to
the ``Automation Modernization'' or the BSFIT appropriations
for OTIA expenses. If additional funding from appropriations
outside of ``Salaries and Expenses'' can be justified, a
transfer request must be submitted pursuant to section 503 of
this Act. All funds for OTIA shall be requested within the
``Salaries and Expenses'' appropriation for fiscal year 2013.
Invasive Species
CBP is directed to fund activities associated with
control of invasive species, such as Carrizo cane, from within
the BSFIT appropriation.
AUTOMATION MODERNIZATION
A total of $334,275,000 is provided for ``Automation
Modernization.'' Of that amount, not less than $140,000,000 is
for the Automated Commercial Environment (ACE). As provided in
a general provision, CBP is required to submit a multi-year
investment and management plan with the congressional budget
justification materials for all funds executed by OIT to
provide a full picture of CBP's information technology
activities.
ACE and International Trade Data System
CBP shall brief the Committees on a quarterly basis on
ACE progress, including the same information they have
previously provided in quarterly reports. CBP shall use funds
as necessary for the International Trade Data System (ITDS).
Furthermore, prior year balances for ITDS are available for
other priorities, such as ensuring completion of Cargo Release
as planned. At the second quarterly briefing of fiscal year
2012, CBP shall provide its plans for use of these prior year
balances.
TECS
CBP and ICE are directed to jointly brief the Committees
on the status of modernization efforts, including their
progress and plans forward, on a semi-annual basis.
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
A total of $400,000,000 is provided for BSFIT. Within the
total provided under this heading, $20,000,000 is for Northern
Border technology, $40,000,000 is for tactical communications,
and $3,000,000 is for environmental assessment and mitigation,
as requested. When the amount made available under this heading
is combined with unobligated balances, a total of $774,874,359
is available for this function in fiscal year 2012.
While it is clear that the Border Patrol requires
additional tools and technology to execute its critical
mission, concerns remain about the proposed Arizona Border
Technology Plan and the Administration's slow execution of
funds provided in this appropriation. The prolonged delay in
procurements, particularly for purchase and upgrade of Remote
Video Surveillance Systems, is extremely concerning. Further,
the fact that the President's request includes a plan to
procure three off-the-shelf integrated fixed tower systems
after the Secretary's decision to terminate SBInet, despite the
benefits now being realized by the Border Patrol from the
system, raises questions. Under the best of circumstances, the
contract for two of these towers would not be awarded until the
summer of 2012, delaying the execution of the associated funds
into fiscal year 2013. As a result, $60,000,000 is withheld for
obligation from this appropriation until a detailed expenditure
plan is provided to the Committees, no later than 90 days after
the date of enactment of this Act. The expenditure plan shall
clearly specify how DHS proposes to allocate funds among the
BSFIT PPAs.
Multi-Year Investment and Management Plan
A new multi-year investment and management plan for BSFIT
funds is required to be submitted by the Commissioner with the
fiscal year 2013 budget request. To the extent possible, CBP is
encouraged to incorporate requirements from the multi-year
investment and management plan into the fiscal year 2012
expenditure plan.
Invasive Species
CBP is directed to fund activities associated with
control of invasive species, such as Carrizo cane from within
the BSFIT appropriation.
Review of Contracts and Task Orders
The Inspector General is no longer required to review
contracts and task orders on SBInet pursuant to conference
report 109-699 accompanying P.L. 109-295.
Communications Along the Border
DHS is encouraged to explore the establishment of public-
private partnerships with cellular carriers, residents, and
State and local governments to extend mobile communications
capabilities in isolated border areas with limited cellular
coverage for the purposes of public safety.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
A total of $503,966,000 is provided for ``Air and Marine
Interdiction, Operations, Maintenance, and Procurement.'' The
funding includes $365,087,000 for operations and maintenance
and $138,879,000 for procurement. The procurement funds include
an additional $6,900,000 for UH-60 Black Hawk conversions (to
ensure completion of two conversions) and $22,500,000 for
purchase of an additional multi-enforcement aircraft (a high
priority for CBP, particularly important given the increasing
aircraft retirements CBP expects). Given the increasing
reliance by CBP on unmanned aircraft systems (UAS) for
patrolling our borders, $4,000,000 is provided above the
request for UAS operations and maintenance. It is imperative
that sufficient funds be included in the fiscal year 2013
budget to operate and sustain these systems over multiple
shifts.
Civil Air Patrol
As directed in the House report, the Comptroller General
shall provide a report regarding the functions and capabilities
of the civil air patrol in homeland security. The report shall
be submitted no later than November 1, 2012.
Aircraft Upgrades
CBP is required to update its 5-year strategic
recapitalization plan, which should also include direction
outlined in the Senate report. Strong support for CBP's service
life extension program (SLEP) for the P-3 fleet is reiterated.
Further, CBP is directed to brief the Committees on its
decision regarding the inclusion of the last two P-3's in the
SLEP no later than the submission of the President's fiscal
year 2013 budget request.
Unmanned Aircraft Operations
CBP is directed to brief the Committees on its efforts
with the Department of Defense and the Federal Aviation
Administration on ways to increase effective use of CBP air
assets, including UAS. Further, the briefing shall include
information regarding any restrictions on UAS operations
related to availability of air traffic control.
CONSTRUCTION AND FACILITIES MANAGEMENT
A total of $236,596,000 is provided for ``Construction
and Facilities Management.'' The funding includes $182,500,000
for Facilities Construction and Sustainment and $54,096,000 for
Program Oversight and Management. Statutory language is
included directing the Commissioner to submit annually a real
property inventory and requiring submission with the budget
request of an annually-updated 5-year plan for all port of
entry projects.
Future Land Border Port of Entry Requirements
As detailed in the Senate report, the Department shall
work with the General Services Administration and the Office of
Management and Budget on a multi-year strategy to address land
border port of entry construction requirements and financing
options, including the use of public-private partnerships.
U.S. Immigration and Customs Enforcement
SALARIES AND EXPENSES
A total of $5,528,874,000 is provided for ``Salaries and
Expenses'' to ensure robust enforcement of our Nation's
immigration laws. Within this amount, no less than
$1,600,000,000 is allocated to finance ICE's various efforts to
identify aliens with criminal records who are incarcerated or
at-large, and to remove those who are deportable. Of this
amount, $189,064,000 is provided for continued expansion of the
Secure Communities program, $5,000,000 above the President's
budget request, to digitize paper fingerprint cards and enroll
them into DHS's Automated Biometric Identification System
(IDENT). An additional $4,400,000 is provided for the Visa
Security Program above the request to support expansion. The
request for Headquarters, Management, and Administration was
reduced by $3,591,000 for the Acquisition Workforce Initiative,
the data center migration funds, and $1,000,000 in additional
administrative savings. Data center migration is funded through
a general provision.
In addition, ICE is directed to comply with the direction
included under the heading ``Office of Chief Financial
Officer'' with respect to improved budget justifications.
The amount provided for this appropriation by PPA is as
follows:
Headquarters Management and Administration:
Personnel, Compensation and Benefits, Services and
Other Costs....................................... $233,251,000
Headquarters-Managed IT Investments................. 184,227,000
--------------------------------------------------------
____________________________________________________
Subtotal, Headquarters Management and Administration 417,478,000
Legal Proceedings....................................... 215,935,000
Investigations:
Domestic Investigations................................. 1,725,234,000
International Investigations:
International Operations............................ 114,928,000
Visa Security Program............................... 33,889,000
--------------------------------------------------------
____________________________________________________
Subtotal, International Investigations.............. 148,817,000
--------------------------------------------------------
____________________________________________________
Subtotal, Investigations........................ 1,874,051,000
========================================================
____________________________________________________
Intelligence............................................ 81,503,000
Detention and Removal Operations:
Custody Operations.................................. 2,050,545,000
Fugitive Operations................................. 154,597,000
Criminal Alien Program.............................. 196,696,000
Alternatives to Detention........................... 72,373,000
Transportation and Removal Program.................. 276,632,000
--------------------------------------------------------
____________________________________________________
Subtotal, Detention and Removal Operations...... 2,750,843,000
--------------------------------------------------------
____________________________________________________
Secure Communities.................................. 189,064,000
--------------------------------------------------------
____________________________________________________
Total, ICE Salaries and Expenses................ 5,528,874,000
ICE Domestic Investigations
For ICE Domestic Investigations, $1,725,234,000 is
provided. ICE is directed to continue to provide quarterly data
on investigative activities and expenditures on a timely basis.
Of the funds above the request, $4,000,000 is for enhancing
investigations of antidumping/countervailing duty (AD/CVD)
violations, intellectual property rights (IPR) investigations,
and severe forms of human trafficking and smuggling activities.
ICE is directed to submit to the Committees a plan for
expenditure of these additional, targeted resources within 90
days after the date of enactment of this Act. The conferees
also direct ICE to submit by February 13, 2012, a 3-year
strategy to improve AD/CVD enforcement, per the Senate report,
and the information required on the National IPR Coordination
Center in the House report.
Improving Immigration Enforcement Activities
A total of $12,000,000 above the request is provided to
improve immigration enforcement activities, of which $5,000,000
is included in Secure Communities for digitization of paper
fingerprint cards from legacy immigration files. Both the House
and Senate reports outlined areas for focus, such as:
Developing a comprehensive strategy to address the visa
overstay problem, modernizing the Alien Criminal Response
Information Management System (ACRIMe) to support the
identification of criminal aliens and individuals attempting to
overstay a visa, enhancing ICE capabilities for law enforcement
support for immigration-related inquiries from State and local
law enforcement, and digitizing old fingerprint records. ICE is
directed to brief the Committees, with US-VISIT and other DHS
components as appropriate, on its plan for utilization of these
funds, no later than 60 days after the date of enactment of
this Act. ICE is also directed, in conjunction with US-VISIT
and United States Citizenship and Immigration Services (USCIS),
to report to the Committees no later than 120 days after the
date of enactment of this Act on the methodology of
prioritizing files for the digitization effort as well as the
overall projected cost of the project to ensure electronic
availability of appropriate biometrics in IDENT.
Law Enforcement Support Center
The Law Enforcement Support Center (LESC) is the national
entity which provides, among other things, immigration status
information about individuals encountered by State and local
law enforcement agencies. The significant expansion of Secure
Communities has increased the status inquiries submitted by law
enforcement. Recently, the LESC has been reorganized and the
functions split between the Office of Investigations and
Detention and Removal Operations. Prior to the reorganization,
the LESC had the flexibility to move personnel between the
functions depending on workload, but it now appears that
flexibility has been lost. Additionally, as Secure Communities
has matured, some of the early resource allocation decisions
would benefit from further review, specifically regarding the
creation of the Interoperability Response Centers. ICE is
directed to review the separation of LESC functions and the
requirements of the Interoperability Response Centers and brief
the Committees 90 days after the date of enactment of this Act.
In addition, concerns have been raised about the progress of
modernization of the information technology systems that
sustain the Law Enforcement Support Center, such as ACRIMe. ICE
is directed to brief the Committees no later than 30 days after
the date of enactment of this Act on the current status of
ACRIMe modernization and any revised development timelines.
Visa Security Program
A total of $33,889,000 is provided for the ICE Visa
Security Program, an increase of $4,400,000 above the amount
requested for expansion of the program to two additional
overseas consular posts. ICE is directed to brief the
Committees in a classified format no later than 60 days after
the date of enactment of this Act on its plan for utilizing
these additional funds.
Investigative Resources
ICE is directed to brief the Committees no later than
February 15, 2012, on its efforts throughout the Caribbean
basin, as outlined in the House report.
Intelligence
ICE is encouraged to ensure the Office of Intelligence
supports investigations into AD/CVD violations, IPR violations,
and human trafficking and smuggling organizations.
Detention and Removal Operations
A total of $2,750,843,000 is provided for ICE Detention
and Removal Operations, $26,718,000 more than the request to
raise the minimum number of detention bed spaces that ICE must
maintain on a daily basis to 34,000. ICE is directed to
intensify its enforcement efforts, fully use these resources,
and manage detention and removal costs as efficiently as
possible. As outlined in the House report, ICE is directed to
provide comprehensive, regular briefings to the Committees on
all steps being taken to reduce the costs of detention and
removal, including: strategies to minimize transportation costs
and house detainees at the lowest cost facilities; working with
the Executive Office of Immigration Review (EOIR) to speed
processing consistent with due process; continuing to review
contracts to ensure maximum flexibility and lowest cost to ICE;
and considering the cost-benefits of public and private
providers for all services, including food and medical
services. As required in the House and Senate reports, ICE is
directed to brief the Committees on its detention bed space
funding model, providing details on its bed space costs across
the country and on the components of those costs, including
food, medical, mental health, dental, pharmacy, and electronic
health record services by location, and whether these
components are provided by public agencies or private contract
services. Such services must be aligned to humanitarian needs
and should be provided in a cost-effective manner. The first
comprehensive briefing shall take place no later than 30 days
after the date of enactment of this Act.
Additionally, ICE is encouraged to look at ways to
increase the short-term detention capacity in certain regions
of the United States while minimizing the loss of existing
detention capacity, personnel, and contracts at other
facilities. ICE shall brief the Committees semi-annually on its
efforts regarding detention space alternatives, as discussed in
the Senate report.
Secure Communities
A total of $189,064,000 is provided to continue
implementation of the Secure Communities program. ICE is
directed to continue quarterly reports on the Secure
Communities program, submit those reports within 45 days of the
close of the quarter, and provide briefings within 45 days of
the close of the quarter. Further, ICE is directed to develop
analyses, for inclusion in these reports, to track the effect
Secure Communities is having on ICE detention facilities, the
EOIR docket, and the speed with which ICE is able to remove
criminal aliens and high-risk detainees from the country once
they are judged deportable. The reports shall also provide
statistics on results of the program, including the number of
individuals administratively arrested by ICE in each
jurisdiction by the crime for which they are charged and the
crime for which they have been convicted (if applicable); the
number of individuals whom ICE identifies each quarter and
intends to administratively arrest but must await the
adjudication of the individual's criminal charges and/or the
completion of a sentence as well as identify the crimes for
which they are charged and crimes for which they have been
convicted (if applicable); and the number of removals achieved
as a result of the program, as outlined in the Senate report.
Additionally, the briefings shall include quarterly data on the
number of instances in which Secure Communities identifies when
someone who is arrested is in this country illegally, the
number of times ICE issues a detainer on such individuals
(delineated by categories stipulating the reasons why a
decision is made to issue or not issue a detainer), and the
number actually deported.
Secure Communities is an effective and significant law
enforcement tool; its deployment and use should not be hampered
by any jurisdiction or official. It is important to remember
that Secure Communities is applied to everyone booked into a
jail. All individuals are treated the same, and no profiling
occurs. Through the use of biometrics, ICE is able to determine
not only an individual's immigration status, but also if the
individual has committed more serious crimes in the past.
ICE is directed to brief the Committees no later than
February 15, 2012, on any considerations associated with
realigning the Secure Communities program under the Criminal
Alien Program after interoperability has been accomplished.
ICE Support to State and Local Law Enforcement
ICE is directed to update the Committees on its progress
toward closing all OIG recommendations on the 287(g) program no
later than January 13, 2012. The Department is directed to
immediately provide the status of all pending memoranda of
agreement for 287(g) participation.
Hiring and Staffing Reports
ICE shall submit quarterly staffing and hiring reports.
Further, as directed in the House report, ICE shall brief the
Committees on appropriate staffing levels.
Worksite Enforcement
Of the funds provided for Domestic Investigations,
$134,626,000 is for worksite enforcement activities, as
requested. ICE is directed to brief the Committees quarterly on
how it is meeting this level of effort no later than 30 days
after the end of each quarter. Further, ICE shall provide an
annual report on worksite enforcement activities as directed in
the Senate report.
Detention and Removal Reporting
Statutory language is included, as requested, ensuring
that all illegally present or otherwise removable aliens
encountered when enforcing our immigration laws are
apprehended. However, the Department does not collect or report
comprehensive statistics on all of its encounters with
inadmissible and deportable aliens by source as well as the
disposition of all such encounters. For that reason, ICE, in
conjunction with CBP and USCIS, is directed to develop a
methodology and a means of collecting and reporting such
information on a quarterly basis for fiscal year 2013. In the
most transparent, concise manner possible, the reporting should
cover all actions in the reporting period for all stages of the
immigration enforcement process: encounters by identification
source (i.e., Fugitive Operations, Criminal Alien Program,
Border Patrol Southwest border between ports); subsequent
enforcement action by agency (i.e., expedited removal, arrest,
detention, release); detention/non-detention by program (i.e.,
ICE detention, bond, alternatives to detention); and
processing/removal outcome (i.e., deferred action, relief,
removal, administrative closing). The reporting shall clearly
provide the number of aliens who received deferred action,
including a renewal or extension of previously-granted deferred
action. ICE, CBP, and USCIS shall brief the Committees no later
than 120 days after the date of enactment of this Act on the
developed methodology and means of collecting and reporting,
including any information technology issues. Additionally, the
agencies shall note where this comprehensive reporting could
supersede other reports currently provided.
For fiscal year 2012, ICE is directed to continue
reporting quarterly on detention and removal, including the
number of deportation, exclusion, and removal orders sought and
obtained by ICE. The first fiscal year 2012 quarterly report is
to be submitted no later than February 15, 2012. ICE shall
include ``policy closure'' reporting subdivided to clearly
report where deferred action has been granted.
Personnel Recovery Units
ICE is directed to brief the Committees no later than
February 15, 2012, on its interest in establishing a trained
unit to handle abduction or evacuation of ICE personnel.
Multi-Year Investment and Management Plan
As provided in Section 568, ICE is required to submit a
multi-year investment and management plan with the
congressional budget justification materials for all funds
executed by the Office of Information Technology (OIT) to
provide a full picture of ICE's information technology
activities. It is expected that the acquisition program
baselines for Level I and II programs under OIT will be
provided as part of the comprehensive acquisition status
reports provided by the Under Secretary for Management.
Transportation of Aliens
In response to OIG inquiries and OIG Report 11-27, CBP
has taken great strides to streamline its costs associated with
transportation and removal of aliens between Field Operations
and Border Patrol. ICE has also made progress in analyzing and
more efficiently managing its transportation costs. The next
step, however, has not been taken in a comprehensive manner--
exploring options for coordination of transportation locally,
regionally, and nationally, or sharing of transportation
resources between CBP and ICE given constrained resources
across DHS. CBP and ICE are directed to brief the Committees no
later than 180 days after the date of enactment of this Act on
the results of their joint efforts to take advantage of such
efficiencies.
Unexpended Construction Balances
ICE is directed to brief the Committees no later than
February 15, 2012, on the unexpended balances in the ICE
Construction appropriation.
AUTOMATION MODERNIZATION
A total of $21,710,000 is provided for ``Automation
Modernization.'' CBP and ICE are directed to jointly brief the
Committees on the status of TECS modernization efforts,
including their progress and plans forward, on a semi-annual
basis.
Transportation Security Administration
AVIATION SECURITY
A total of $5,253,956,000 is provided for ``Aviation
Security.'' In addition to the amounts appropriated, a
mandatory appropriation totaling $250,000,000 is available
through the Aviation Security Capital Fund. Statutory language
reflects the collection of $2,030,000,000 from aviation
security fees, as authorized.
The amount provided for this appropriation by PPA is as
follows:
Screening Operations:
Screener Workforce:
Privatized Screening............................ $ 144,193,000
Screener Personnel, Compensation, and Benefits.. 3,025,771,000
--------------------------------------------------------
____________________________________________________
Subtotal, Screener Workforce........................ 3,169,964,000
Screener Training and Other......................... 249,796,000
Checkpoint Support.................................. 204,768,000
EDS/ETD Systems:
EDS Procurement and Installation................ 222,738,000
Screening Technology Maintenance and Utilities.. 320,365,000
--------------------------------------------------------
____________________________________________________
Subtotal, EDS/ETD Systems........................... 543,103,000
Subtotal, Screening Operations.................... 4,167,631,000
Aviation Security Direction and Enforcement:
Aviation Regulation and Other Enforcement....... 369,984,000
Airport Management and Support.................. 570,226,000
Federal Flight Deck Officer and Flight Crew
Training...................................... 25,461,000
Air Cargo....................................... 120,654,000
--------------------------------------------------------
____________________________________________________
Subtotal, Aviation Security Direction and Enforcement... 1,086,325,000
Total, Aviation Security................................ $5,253,956,000
Impact of Checked Baggage Fees
As noted in the Senate report, TSA checkpoint screening
costs have risen significantly as a result of the growth in the
volume of carry-on baggage transported by passengers in
response to the imposition of checked baggage fees by most
airlines. This increase in checkpoint screening costs, however,
comes at the expense of other TSA security programs, and none
of the air carrier revenue collected from the checked baggage
fees has been used to offset the additional TSA workload. The
Department is encouraged to work with the relevant authorizing
Committees to find ways to recoup these costs, and ensure the
best alignment between resources needed to achieve and sustain
both security and efficient checkpoint operations.
Privatized Screening
A total of $144,193,000 is provided for ``Privatized
Screening.'' TSA is to give full and fair consideration to
applicants for participation in the Screening Partnership
Program that can demonstrate their capacity to undertake
passenger and baggage screening in a manner more cost effective
than TSA and to provide a level of security comparable to that
of Federal screening. If TSA approves the applications, it is
authorized, and expected, to finance the transition to
privatized operations using funding within ``Screening
Operations''.
Screener Personnel and Training
A total of $3,025,771,000 is provided for the ``Screener
Personnel, Compensation, and Benefits'' PPA, and a total of
$249,796,000 is included for the ``Screener Training and
Other'' PPA. Language is included that limits TSA's use of
funds to recruit or hire more than 46,000 full-time equivalent
screeners. The limitation does not apply to screeners hired as
part-time employees. Statutory language is included that
requires the Secretary to submit to the Committees no later
than 90 days after the date of enactment of this Act a detailed
report on how DHS is using its resources to develop more
capable and cost-effective screening technology. The report
shall also detail how it is deploying its existing workforce to
optimize screening operations, their effectiveness, and labor
savings from improved technology deployment, including how such
savings are employed or reinvested. Funding is included to
staff 250 new advanced imaging technology (AIT) systems, with
the expectation that hiring for those positions will occur
later than assumed in the request due to procurement delays. As
directed in the Senate report, TSA is to work in coordination
with airlines, airports, and cross-disability/medical
organizations to design education and outreach programs that
ensure access to the Nation's aviation system is available to
everyone. TSA shall also work with airports to expand mock
boarding events, such as those held for families with autistic
children, and shall continue to improve the screening process
for young passengers, as directed in the Senate report. TSA is
to brief the Committees no later than 90 days after the date of
enactment of this Act on its efforts in these areas.
Behavioral Detection Officers
Funding is included for 145 new behavioral detection
officers (BDO). TSA is directed to brief the Committees no
later than 90 days after the date of enactment of this Act on
its plans and actions to implement recommendations rising from
the study of Screening of Passengers by Observation Techniques
(SPOT) that was sponsored by the Science and Technology
Directorate. In addition, the briefing should cover how TSA is
addressing issues raised in recent Government Accountability
Office reviews of the program. These include validation,
management, and communications issues identified in GAO-10-763
and recommendations for approaches to BDO assignment and cost-
benefit analysis included in GAO-11-461T and GAO-10-157.
Finally, the briefing should describe what TSA is doing to
ensure its standardization testing of the SPOT program is
carried out at airports with a frequency that will support
consistent program execution and optimal BDO training.
Checkpoint Support
A total of $204,768,000 is provided for ``Checkpoint
Support,'' including funding for 250 new AIT systems and other
security technology requested and listed in the Senate report.
This excludes $39,200,000 requested for explosives trace
detection systems funded in fiscal year 2011, and an additional
$4,000,000 due to other acquisition delays. TSA is directed, as
detailed in the Senate report, to brief the Committees no later
than 30 days after the date of enactment of this Act on AIT
procurement and deployment details and on progress in
developing and deploying additional automated target
recognition capability. In addition, TSA is directed to include
a five-year budget estimate with each annual Congressional
budget justification, beginning with its fiscal year 2013
submission, that projects funding for each passenger screening
technology acquisition as specified in the Senate report.
Facilitating Passenger Screening and Reducing Wait Times
TSA is directed to brief the Committees no later than 90
days after the date of enactment of this Act on its efforts to
meet a goal of keeping average passenger wait times below 10
minutes at screening checkpoints. Once TSA has begun deploying
new automated wait time technology funded by this Act, TSA is
directed to provide quarterly briefings to the Committees on
wait times at screening checkpoints where such technology is in
place.
Exit Lane Security
The TSA Administrator shall submit a report to the
Committees no later than 180 days after the date of enactment
of this Act making recommendations for improving security at
each airport location where passengers exit the sterile area,
as specified in the Senate report.
Explosives Detection Systems
A total of $472,738,000 is provided for ``Explosives
Detection Systems (EDS) Procurement and Installation,''
including $250,000,000 in mandatory funding from the Aviation
Security Capital Fund and $222,738,000 in discretionary
funding. Not less than 10 percent of the funds provided shall
be available for the purchase and installation of certified EDS
at medium- and small-sized airports. Allocation of this funding
between new projects, recapitalization, advanced surveillance
systems, and payroll shall be detailed in the fiscal year 2012
EDS expenditure plan. In addition, the expenditure plan is to
address the issue of eligible EDS costs incurred by airports
that were not recipients of funding agreements, as specified in
the Senate report.
Screening Technology Maintenance and Utilities
A total of $320,365,000 is provided for the ``Screening
Technology Maintenance and Utilities'' PPA, which reflects
downward adjustments in estimates for the cost of maintenance
warranties.
Aviation Regulation and Other Enforcement
A total of $369,984,000 is provided for the ``Aviation
Regulation and Other Enforcement'' PPA, including an increase
of $3,500,000 above the request for international security
enhancements related to air cargo security; $5,000,000 above
the request for 20 new canine teams; and $11,755,000 for 12 new
Visible Intermodal Prevention and Response (VIPR) teams, with
the assumption that personnel for the teams will not be hired
until late in fiscal year 2012. TSA shall provide an
expenditure plan to the Committees no later than 60 days after
the date of enactment of this Act detailing where and how new
VIPR teams will be deployed.
Air Cargo
A total of $120,654,000 is provided for the ``Air Cargo''
PPA, $6,000,000 above the request for international security
enhancements to air cargo security. In combination with an
additional $3,500,000 provided under Aviation Regulation and
Other Enforcement, this funding will support enhanced air cargo
inspection and other security oversight and improvements, with
the expectation that this will help TSA meet its statutory
requirement of 100 percent system-wide screening of air cargo
on passenger aircraft, including those originating overseas,
and to enhance inspection, investigation, and monitoring
efforts on all-cargo flights, including through additional
international air cargo inspectors and transportation security
specialists to assess all-cargo airports and increase
inspection visits at high-risk airports. TSA is to continue
working with U.S. Customs and Border Protection, in furtherance
of TSA's mission, on the application of the Automated Targeting
System to screen air cargo bound for the United States on all-
cargo and passenger flights. The air cargo expenditure plan
shall include progress on these ongoing efforts.
SURFACE TRANSPORTATION SECURITY
A total of $134,748,000 is provided for ``Surface
Transportation Security.'' TSA is directed to submit a report
no later than six months after the date of enactment of this
Act on passenger and mass transit rail tunnel security, as
specified in the Senate report.
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
A total of $204,274,000 is provided for ``Transportation
Threat Assessment and Credentialing.'' This includes
$27,800,000 for TTAC Infrastructure Modernization (TIM) in
recognition of scheduling delays in the modernization contract
and an increase of $10,000,000 to support risk-based screening.
TSA is directed to brief the Committees no later than 30
days after the date of enactment of this Act on developments in
the TIM program, as specified in the House report.
The amount provided for this appropriation by PPA is as
follows:
Secure Flight........................................... $92,414,000
Crew and Other Vetting Programs......................... 71,540,000
--------------------------------------------------------
____________________________________________________
Subtotal, Direct Appropriations..................... 163,954,000
TWIC Fees............................................... 8,300,000
Hazardous Materials Fees................................ 12,000,000
Alien Flight School Fees................................ 4,000,000
Certified Cargo Screening Program....................... 5,200,000
Large Aircraft Security Program......................... 1,200,000
Secure Identification Display Area Checks............... 8,000,000
Other Security Threat Assessments....................... 100,000
General Aviation at DCA................................. 100,000
Indirect Air Cargo...................................... 1,400,000
Sensitive Security Information (SSI) fees............... 20,000
--------------------------------------------------------
____________________________________________________
Subtotal, Fee Collections........................... $40,320,000
Risk-Based Screening
A total of $10,000,000 is provided to support risk-based
screening efforts, including: the development of systems
architecture; the procurement of hardware and software; testing
and implementation of new capabilities to expand known-traveler
populations; and increases in the effectiveness, security, and
efficiency of passenger screening. TSA is directed to report to
the Committees no later than 90 days after the date of
enactment of this Act on the status of its efforts, including
current and planned pilots to develop such a known traveler
program, funding requirements, and any legal or resource
obstacles to implementation.
Universal Enrollment Centers
TSA is directed to expand the number of Universal
Enrollment Centers to achieve at least a 50 percent increase in
the number of TWIC enrollment sites and to brief the Committees
no later than 180 days after the date of enactment of this Act
as specified in the Senate report, on resource needs, security
impacts, and prospects for direct shipment of TWIC cards to
participants.
TRANSPORTATION SECURITY SUPPORT
A total of $1,031,926,000 is provided for
``Transportation Security Support.''
The amount provided for this appropriation by PPA is as
follows:
Headquarters Administration............................. $ 292,334,000
Information Technology.................................. 447,200,000
Human Capital Services.................................. 249,400,000
Intelligence............................................ 42,992,000
--------------------------------------------------------
____________________________________________________
Total, Transportation Security Support.............. $1,031,926,000
Expenditure Plans
Statutory language is included withholding $20,000,000
from obligation for ``Headquarters Administration'' until the
Administrator submits detailed expenditure plans to the
Committees on air cargo security; checkpoint support; and EDS
procurement, refurbishment, and installation on an airport-by-
airport basis for fiscal year 2012. These plans should include
details on technologies purchased, timelines for deployment,
obligation schedules, and actual and anticipated unobligated
balances at the close of the fiscal year. TSA shall brief the
Committees on a quarterly basis with updates on performance
against the expenditure plan.
In fiscal years 2010 and 2011, the Department and TSA
failed to comply with statutory direction to provide
expenditure plans for checkpoint and EDS activity. For fiscal
year 2010, the required plan was submitted April 20, 2011--
almost seven months into the next fiscal year. Similarly, TSA
has not submitted its plan for fiscal year 2011. Such delays
reflect either an inability to compile and transmit information
about ongoing and planned activities, or disregard for
Congress' oversight role. For fiscal year 2012, TSA is expected
to act expeditiously to deliver the required expenditure plans.
Headquarters Administration
A total of $292,334,000 is provided for the
``Headquarters Administration'' PPA, including $1,998,000 for
enhanced acquisition management, as requested, and $2,000,000
above the request for the TSA Office of Professional
Responsibility. In lieu of the Senate briefing requirement
related to administrative savings, TSA is directed to clearly
delineate assumed savings from reductions to administrative and
support functions and assumed efficiencies in its budget
justification, as directed in this statement under Departmental
Management and Operations ``Office of the Chief Financial
Officer'' heading.
Availability of Appropriations
TSA is directed to brief the Committees no later than
February 15, 2012, on a proposed PPA structure that reflects
one-year availability of appropriations for salaries and
expenses.
Passenger Complaints
TSA is directed to make every effort to ensure members of
the traveling public are aware of the procedures and process
for making complaints about passenger screening. GAO is
directed to complete a review no later than nine months after
the date of enactment of this Act on TSA policies and
procedures for resolving passenger complaints, including an
assessment of the organizational independence of the office.
FEDERAL AIR MARSHALS
A total of $966,115,000 is provided for ``Federal Air
Marshals'' (FAMS), including $842,500,000 for Management and
Administration and $123,615,000 for Travel and Training. TSA
shall continue to provide quarterly reports on the FAMS mission
coverage, staffing levels, and hiring rates as directed in
previous appropriations Acts and in the classified annex to
this statement.
In light of the significant increase in sustained,
enhanced flight coverage since the Christmas Day bombing
attempt, TSA is directed to brief the Committees no later than
120 days after the date of enactment of this Act on its
analysis of the optimal staffing, scheduling, and resource
requirements for FAMS in light of the full range of security
capabilities that TSA and the Department can use to complement
FAMS operations. This analysis should include an independent
assessment of the definitions of flights that present ``high-
security risks'' and whether that review validates the current
risk assessment model being used by the FAMS, or whether
changes may be required that could warrant adjustments in
current staffing levels.
Coast Guard
OPERATING EXPENSES
A total of $7,051,054,000 is provided for ``Operating
Expenses,'' including $24,500,000 from the Oil Spill Liability
Trust Fund, and including $598,000,000 for defense activities,
of which $258,000,000 is designated as being for the global war
on terrorism and overseas contingency operations. Funds
provided in support of the global war on terrorism and overseas
contingency operations under this heading may be allocated
notwithstanding section 503 of this Act. The Coast Guard is
directed to brief the Committees no later than 30 days after
the date of enactment of this Act on any changes expected to
funding for the global war on terrorism and overseas
contingency operations during fiscal year 2012 or projected
transition costs expected in fiscal year 2013.
Within the funding provided for this appropriation, the
following amounts are provided for requested initiatives:
$10,666,000 for enhancements to marine safety; $11,485,000 for
enhancements to marine environmental response; $9,300,000 for
enhancements to military family childcare; $39,000,000 for
restoration of polar operations funding; $8,600,000 for network
security upgrades; and $6,300,000 for the Distress Alerting
Satellite System.
The amount provided for this appropriation includes the
following reductions from the budget request: a decrease of
$8,000,000 in the costs of data center migration; a decrease of
$18,000,000 in technical adjustments; a decrease of $12,000,000
in unneeded health care costs; a decrease of $9,000,000 in
unneeded permanent change of station costs; and a decrease in
unneeded surface and air asset follow-on operational costs
resulting from procurement delays totaling $7,451,000.
The amount provided for this appropriation includes the
following increases above the budget request: an additional
$3,700,000 to annualize fiscal year 2011 funding for marine
environmental response capabilities; an additional $20,300,000
to address unfunded depot level maintenance priorities; and an
additional $4,000,000 for small boat tactical training.
A total of $75,000,000 is withheld from obligation for
Headquarters Directorates until a future-years capital
investment plan for fiscal years 2013-2017, as specified in
statutory language under the Coast Guard ``Acquisition,
Construction, and Improvements'' heading is submitted to the
Committees.
Issues pertaining to the Coast Guard's classified and
sensitive programs are addressed in the classified annex
accompanying this statement.
The amount provided for this appropriation by PPA is as
follows:
Military Pay and Allowances............................. $3,413,061,000
Civilian Pay and Benefits............................... 784,256,000
Training and Recruiting................................. 213,321,000
Operating Funds and Unit Level Maintenance.............. 1,109,623,000
Centrally Managed Accounts.............................. 336,653,000
Intermediate and Depot Level Maintenance................ 936,140,000
Global War on Terrorism Overseas Contingency Operations. 258,000,000
--------------------------------------------------------
____________________________________________________
Total, Operating Expenses........................... $7,051,054,000
Depot Level Maintenance
An additional $20,300,000 above the amount requested is
provided to partially address the backlog of critical, but
unfunded depot maintenance activities, as proposed by both the
House and the Senate. In lieu of the specified subdivision of
this funding enhancement contained in the House report, the
Coast Guard is directed to provide the Committees within 30
days after the date of enactment of this Act a plan for
expenditure of these additional funds. Furthermore, the Coast
Guard is directed to apply a portion of these funds to the most
urgent, but unfunded maintenance projects pertaining to the
improvement of crew habitability aboard legacy cutters. Funds
allocated toward crew habitability improvements shall be
clearly delineated in the required expenditure plan.
Administrative Savings, Efficiencies, and Reductions to Support
Functions
The Coast Guard is directed to clearly delineate assumed
savings from reductions to administrative and support functions
and assumed efficiencies in its annual budget justification, as
directed by both the House and Senate, and as directed in this
statement under the Departmental Management and Operations
``Office of the Chief Financial Officer'' heading.
Performance Metrics
The Coast Guard shall continue to include performance
metrics, with particular emphasis on measures of operational
proficiency, as well as all Government Performance and Results
Act reporting requirements within its annual budget
justification in lieu of the direction regarding a distinct
submittal contained in the House report.
Financial Management
In lieu of the direction contained in the House and
Senate reports, the Coast Guard is directed to semi-annually
brief the Committees on its efforts to address material
weaknesses in financial management. These briefings shall
include, but not be limited to: the progress towards
achievement of obtaining an unqualified opinion with respect to
unauditable balances; progress towards implementation of the
Financial Strategy for Transformation and Audit Readiness plan;
and detailed explanations of how the Coast Guard is working
with the DHS Office of the Chief Financial Officer on such
efforts. The first of these semi-annual briefings shall occur
no later than March 15, 2012.
Maritime Surveillance
The Coast Guard is directed to submit the two reports
regarding maritime surveillance hours no later than February
15, 2012, as required in the House report.
Marine Safety and Marine Environmental Protection
A total of $15,185,000 is provided for marine
environmental response enhancements, including an additional
$3,700,000 to annualize fiscal year 2011 costs. In addition,
$10,666,000 is provided for marine safety enhancements, as
requested. Within 45 days after the date of enactment of this
Act, the Coast Guard is directed to submit to the Committees
the following: the updated Marine Safety Performance Plan, as
directed in the Senate report; the Marine Environmental
Response Mission Performance Plan, as directed in the House
report, to include the specified reporting requirements
delineated in the Senate report; and a 5-year strategic plan,
including comprehensive funding estimates, to implement marine
environmental protection mission requirements, as specified in
the Senate report.
Gulf of Mexico Oil Spill Response
The Coast Guard is directed to submit a plan no later
than 90 days after the date of enactment of this Act for
addressing the recommendations contained in the Incident
Specific Preparedness Review that was issued following the
sinking and subsequent oil outflow from the Mobile Offshore
Drilling Unit Deepwater Horizon, as required in the Senate
report.
Military Family Childcare and Housing
As requested, $9,300,000 is provided for enhancements to
military family childcare activities. Funding and oversight
regarding military housing is addressed under the, Coast Guard
``Acquisition, Construction, and Improvements'' heading.
Stem-to-Stern Review
The Coast Guard is directed to brief the Committees no
later than 60 days after the date of enactment of this Act on
efforts to implement the findings from the Commandant's stem-
to-stern review.
Coast Guard Yard
The Coast Guard Yard located at Curtis Bay, Maryland, is
recognized as a critical component of the Coast Guard's core
logistics capability which directly supports fleet readiness.
The Yard has been a vital part of the Coast Guard's readiness
and infrastructure for more than 100 years and the Committees
believe sufficient industrial work should be assigned to the
Yard to maintain this capability.
Command and Control Aircraft
The Coast Guard shall include in its annual budget
justification a detailed explanation, including cost
implications, of any plans to alter the capabilities of command
and control aircraft.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
A total of $13,500,000 is provided for ``Environmental
Compliance and Restoration''. The Coast Guard is directed to
include within its annual budget justification a listing of the
activities projected to be funded by the amount requested under
this heading and an updated backlog report for Environmental
Compliance and Restoration projects, with an explanation of how
the amount requested will impact this documented backlog. The
Coast Guard is further directed to assess environmental
remediation costs for LORAN sites and brief the Committees no
later than February 15, 2012, on its plans for such
assessments, as specified in the Senate report.
RESERVE TRAINING
A total of $134,278,000 is provided for ``Reserve
Training''.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
A total of $1,403,924,000 is provided for ``Acquisition,
Construction, and Improvements''.
THE AMOUNT PROVIDED FOR THIS APPROPRIATION BY PPA IS AS FOLLOWS:
Vessels:
Survey and Design-Vessels and Boats................. $6,000,000
Response Boat-Medium................................ 110,000,000
In-Service Cutters Sustainment...................... 14,000,000
National Security Cutter............................ 77,000,000
Offshore Patrol Cutter.............................. 25,000,000
Fast Response Cutter................................ 358,000,000
Cutter small boats.................................. 5,000,000
Medium Endurance Cutter Sustainment................. 47,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, Vessels............................... 642,000,000
Aircraft:
Airframe Replacement (CGNR 6017).................... 18,300,000
Maritime Patrol Aircraft............................ 129,500,000
HH-60 conversion projects........................... 56,100,000
Long Range Surveillance Aircraft.................... 62,000,000
HH-65 conversion/sustainment projects............... 24,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, Aircraft.............................. 289,900,000
Other Acquisition Programs:
Program Oversight and Management.................... 26,000,000
Systems Engineering and Integration................. 17,140,000
C4ISR............................................... 38,500,000
Coast Guard--Logistics Information Management System 6,500,000
Nationwide Automatic Identification System.......... 5,000,000
Rescue 21........................................... 65,000,000
Interagency Operations Centers...................... 3,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, Other Acquisition Programs............ 161,140,000
Shore Facilities and Aids to Navigation:
Major Construction: Housing; ATON; and Survey &
Design............................................ 92,900,000
Major Acquisition Systems Infrastructure............ 81,500,000
Minor Shore......................................... 6,292,000
--------------------------------------------------------
____________________________________________________
Subtotal, Shore Facilities and Aids to
Navigation.................................... 180,692,000
Military Housing........................................ 20,000,000
Personnel and Related Support:
Direct Personnel Costs.............................. 109,592,000
Core Acquisition Costs.............................. 600,000
--------------------------------------------------------
____________________________________________________
Subtotal, Personnel and Related Support......... 110,192,000
========================================================
____________________________________________________
Total, Acquisition, Construction, and
Improvements.................................. $1,403,924,000
Comprehensive and Quarterly Acquisition Status Reports
To strengthen oversight for all Departmental acquisition
programs, a statutory requirement is included for the
Department of Homeland Security Under Secretary for Management
to submit to the Committees a comprehensive acquisition status
report in tandem with the fiscal year 2013 budget request with
quarterly updates on any deviations. Because the Department-
wide comprehensive report will encompass Coast Guard
acquisition data, a duplicative effort to submit Coast Guard
specific quarterly reports is no longer necessary or required.
In addition, acquisition specific information is required in
the Coast Guard Capital Investment Plan (CIP), which has been
expanded for the purpose of in-depth oversight. GAO shall
review the CIP and brief the Committees on the results of the
review.
In lieu of separate briefings on individual acquisitions,
as required in the Senate report, the Coast Guard shall brief
the Committees quarterly on all major acquisitions. These
briefings shall include: the objective for operational hours
the Coast Guard expects to achieve; the gap between that
objective, current capabilities, and stated mission
requirements; and how the acquisition of the specific asset
closes the gap. The information presented at these required
briefings shall also include a discussion of how the Coast
Guard calculated the operational hours, an explanation on risks
to mission performance associated with the current shortfall,
and the operational strategy to mitigate such risks.
Fleet Mix Analysis
The Coast Guard is directed to submit to the Committees
phases one and two of the Fleet Mix Analysis and the Cutter
Fleet Mix Analysis, as specified by the Senate report.
National Security Cutter
A total of $77,000,000 is repurposed from the budget
request and provided for the acquisition of long-lead time
materials necessary for production of the sixth National
Security Cutter (NSC). In addition, statutory language
specifies immediate availability of these funds,
notwithstanding the availability of funds for production costs
or post-production activities. The funding to support long-lead
time materials along with the statutory direction is intended
to enable a contract award approximately 90 days after the date
of enactment of this Act. As noted in both the House and Senate
reports, the Committees disagree with the Administration's
current acquisition policy towards the NSC since it will result
in substantially higher costs to the Coast Guard and the
taxpayer, extension of the NSC acquisition program baseline,
significant engineering inefficiencies, and an increased strain
on the Coast Guard's legacy assets, including escalation of
maintenance costs. By contrast, the funding of long-lead time
materials in fiscal year 2012 will accelerate NSC production
and result in not only direct savings of $45,000,000 to
$60,000,000 per cutter, but also expedite completion of the NSC
acquisition program baseline of eight NSCs. The conferees
strongly support the acquisition of the planned eight NSCs in
the most cost effective manner within the guidelines of proper
program oversight and governance.
Offshore Patrol Cutter
Notwithstanding the direction of the Senate report, the
Coast Guard is directed to include updated information on the
acquisition of the Offshore Patrol Cutter within the required
comprehensive and quarterly acquisition status reports, as
described in this statement under the Departmental Management
and Operations ``Under Secretary for Management'' heading.
Fast Response Cutter
As requested, a total of $358,000,000 is provided for the
acquisition of six Fast Response Cutters (FRCs) and the re-
procurement data and licensing rights package (RDLP). Funding
for six cutters is provided to maximize production capabilities
and to realize a total savings of $30,000,000, or $5,000,000
per FRC. Funds provided for the RDLP should sustain the
acquisition program baseline and enable the planned re-
competition of the next FRC contract award.
Response Boat-Medium
As requested, $110,000,000 is provided to acquire 40
Response Boat-Mediums (RB-Ms). The acquisition of 40 RB-Ms will
enable the Coast Guard to complete the RB-M acquisition program
baseline one year ahead of schedule and achieve programmatic
savings of approximately $6,000,000.
C4ISR
An additional $4,000,000 above the amount requested is
provided to support the costs of installation of modernized
communications systems on legacy cutters. The Coast Guard shall
notify the Committees no later than February 15, 2012, on the
planned expenditure of these additional funds as well as its
deployment plan for C4ISR upgrades to the NSC fleet.
In-Service Sustainment
The Coast Guard shall develop a long-term plan of
investments to address its in-service cutter sustainment
requirements, as described in the Senate report.
Rotary Wing Aircraft Reset
As requested, $18,300,000 is provided for a replacement
HH-60 helicopter.
Long-Range Surveillance Aircraft
A new PPA combining HC-130J acquisition and HC-130H
refurbishment is established, as directed by the House, in
order to allow the Coast Guard to leverage its limited funding
for the most cost effective budgeting for Long Range
Surveillance Aircraft. The Coast Guard is directed to brief the
Committees by February 15, 2012, on its evaluation of options
presented in the recently completed Naval Air Systems Command
business case analysis of the optimal mix of refurbished HC-
130Hs and new HC-130Js.
Unmanned Aircraft Systems
Funding for unmanned aircraft systems is addressed under
the Coast Guard ``Research, Development, Testing, and
Evaluation'' heading and is not provided in this appropriation.
Program Oversight and Management
A total of $26,000,000 is provided for Program Oversight
and Management, a reduction of $9,000,000 from the request due
to budgetary constraints. This PPA is renamed from,
``Government Program Management'' to more accurately reflect
the nature of the activities supported by the funding provided.
The Coast Guard shall provide a more detailed budget
justification, by activity, for this PPA in the fiscal year
2013 budget justification materials.
Major Shore Construction, Aids to Navigation, and Survey and Design
As requested, $92,900,000 is provided for Major Shore
Construction, Aids to Navigation, and Survey and Design. The
Coast Guard is directed to submit a prioritized list of shore
construction projects, as directed in the Senate report, which
includes all unfunded and backlogged projects, to the
Committees no later than 45 days after the date of enactment of
this Act.
Infrastructure Improvement Plan for the Coast Guard Training Center
The Coast Guard shall submit to the Committees a plan to
upgrade the barracks at the Coast Guard Training Center to
include fire suppression systems and gender-equivalent
facilities, as specified in the Senate report.
Major Acquisition Systems Infrastructure
A total of $81,500,000 is provided for Major Acquisition
Systems Infrastructure, a reduction of $13,000,000 from the
amount requested due to revised cost estimates. The Coast Guard
is directed to submit a current expenditure plan on selected
homeports to the Committees no later than 45 days after the
date of enactment of this Act. Furthermore, the Coast Guard is
directed to include within its annual budget justification
materials the associated infrastructure costs of each
operational asset proposed to be acquired.
Military Housing
As requested, $20,000,000 is provided for military
housing. The Coast Guard is directed to provide an exhaustive,
prioritized listing of all military housing needs to the
Committees no later than 45 days after the date of enactment of
this Act.
Acquisition Personnel
A total of $110,192,000 is provided for the direct costs
of acquisition personnel. However, these funds do not support
the costs of the requested enhancement to acquisition staffing
due to: (1) an inadequate budget justification that does not
fully explain baseline capabilities and how existing gaps in
skills and capabilities will be addressed by the requested
enhancement; and (2) the fact that the Coast Guard has not
adequately budgeted to support the existing acquisition
workforce. Therefore, the funds provided are intended to
annualize the full costs of supporting acquisition personnel
and related support to include resources that were reprogrammed
at the request of the Coast Guard in fiscal year 2011. The
Coast Guard is directed to brief the Committees on acquisition
personnel management, as required by the Senate report, no
later than February 15, 2012. This briefing shall also include
a proposal for incorporating funding for acquisition staffing
within the Coast Guard ``Operating Expenses'' appropriation and
a method for tracking the budget for this function if it were
to be merged with the funds that currently support personnel
within the ``Operating Expenses'' appropriation.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
A total of $27,779,000 is provided for ``Research,
Development, Test, and Evaluation'' (RDT&E). The Coast Guard is
directed to revise its annual budget justification for this
function, as per the standards and direction contained in this
statement under the Departmental Management and Operations
``Office of the Chief Financial Officer'' heading. This revised
justification shall also include a prioritized listing of
planned RDT&E activities relative to stated mission needs and
goals.
Unmanned Aircraft Systems
Within the amount provided under this heading, $8,000,000
is provided for cutter-based unmanned aircraft systems (UAS).
This funding, in addition to amounts previously appropriated,
is provided for the purposes of procurement of shipboard
integration equipment and to support an advanced concept
technology demonstration.
RETIRED PAY
A total of $1,440,157,000 is provided for ``Retired
Pay''. The Coast Guard's ``Retired Pay'' appropriation is a
mandatory budgetary activity.
United States Secret Service
SALARIES AND EXPENSES
A total of $1,661,237,000 is provided for ``Salaries and
Expenses.'' Within this total, the following amounts are
provided for requested initiatives: $57,300,000 for Operational
Mission Support enhancements (within ``Protection of Persons
and Facilities''); $113,462,000 for 2012 Presidential Campaign
costs; $19,307,000 for ``National Special Security Events'';
$371,000 for enhanced acquisition management support; and
$43,843,000 for ``Information Integration and Technology
Transformation'' (IITT). Of the funds provided for IITT,
$20,000,000 is withheld from obligation for the purchase or
installation of information technology equipment until the DHS
Chief Information Officer submits a report to the Committees
certifying that all plans for integration and transformation
are consistent with the Department's data center migration and
enterprise architecture requirements. In addition, the Secret
Service is directed to submit an updated, prioritized plan for
the execution of Operational Mission Support that reflects the
funding provided.
The amount provided for this appropriation by PPA is as
follows:
Protection:
Protection of Persons and Facilities................ $832,463,000
Protective Intelligence Activities.................. 68,125,000
National Special Security Events.................... 19,307,000
Presidential Candidate Nominee Protection........... 113,462,000
White House Mail Screening.......................... 18,472,000
--------------------------------------------------------
____________________________________________________
Subtotal, Protection............................ 1,051,829,000
Investigations:
Domestic Field Operations........................... 223,991,000
International Field Office Administration,
Operations and Training........................... 32,971,000
Electronic Crimes Special Agent Program and
Electronic Crimes Task Forces..................... 53,051,000
Support for Missing and Exploited Children.......... 8,366,000
--------------------------------------------------------
____________________________________________________
Subtotal, Investigations........................ 318,379,000
Headquarters, Management and Administration............. 191,588,000
Rowley Training Center.................................. 55,598,000
Information Integration and Technology Transformation... 43,843,000
--------------------------------------------------------
____________________________________________________
Total, Salaries and Expenses.................... $1,661,237,000
Account Structure
The current PPA structure does not provide visibility
into the management of funding provided for information
technology and system investments, or identify costs associated
with the site-specific, critical protective physical
infrastructure, which merits ongoing investment and
refreshment. The Secret Service is directed to adjust its PPA
structure to align to the tables at the end of this statement
and to build this revised structure into its fiscal year 2013
budget request. Costs associated with protective mission
operations and support, including those based on unit cost
elements for staffing and operational activities, excluding
facilities and significant infrastructure investments, should
continue to be reflected in the existing PPA for protection of
persons and facilities. However, the Secret Service is directed
to include a new PPA in its fiscal year 2013 budget submission
which better captures the costs associated with investment and
sustainment requirements for protective infrastructure, for
which a substantial increase in funding was requested for
fiscal year 2012 under ``Protection of Persons and
Facilities.''
Overseas Offices
Within the funding provided for this appropriation,
$2,000,000 above the request is provided for the Secret Service
to open and staff a new office in Lima, Peru. In lieu of the
briefings on field operations required in the House and Senate
reports, the Secret Service is directed to provide a briefing
on the establishment of the office in Lima, Peru, as well as
current and future funding requirements for a permanent office
in Beijing, China, no later than February 15, 2012.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
A total of $5,380,000 is provided for ``Acquisition,
Construction, Improvements, and Related Expenses.''
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
MANAGEMENT AND ADMINISTRATION
A total of $50,695,000 is provided for Management and
Administration of the National Protection and Programs
Directorate (NPPD).
This includes $7,326,000 for management, planning, and
administration activities in the Office of the Assistant
Secretary for Infrastructure Protection and $5,494,000 for the
Office of the Assistant Secretary for Cybersecurity and
Communications that were previously funded in ``Infrastructure
Protection and Information Security''.
As discussed under Departmental Management and
Operations, ``Office of the Chief Financial Officer,'' NPPD
shall provide, with the submission of the fiscal year 2013
budget request, a fully justified budget by PPA and line item.
Further, the budget request shall be submitted in the PPA
structure provided in this statement. The budget justification
shall also include a full explanation of any funds that are
requested with availability in excess of one year including a
program description, the reason for the additional required
availability, and a schedule for execution of the funding.
Risk Management and Analysis
A recent National Academy of Sciences (NAS) report
highlighted several shortcomings in the NPPD Office of Risk
Management and Analysis (RMA) program. While the NAS study
concluded that the basic risk framework used by RMA is a sound
approach to assessing risk, it identified other significant
deficiencies in the Office's risk analysis approach, limiting
the level of confidence with which it can be used to support
DHS decision-making. The NAS recommended major reforms to the
current approach, but to date the Department has not submitted
a plan to reform RMA. Such lack of needed reforms is
unacceptable in the current fiscally constrained environment.
Therefore, the Secretary has been provided the authority to
transfer up to $4,241,000 to the DHS Office of Policy, subject
to notification, in order to reform and improve oversight of
the Department's risk management and analysis functions. A
transfer is also designed to elevate the importance of a strong
risk modeling, analysis, and strategic planning function within
the Department. If the Secretary does not submit a notification
to transfer the risk management function to the Office of
Policy, the funds shall be used to effect the orderly
termination of RMA by March 30, 2012.
The Committees must receive the notification for such a
transfer no later than 90 days after the date of enactment of
this Act. Further, no later than the date upon which the
notification is submitted, the Secretary shall provide to the
Committees a plan identifying and justifying the specific risk
modeling, analysis, and strategic planning functions of value
and use to the Department and its individual components. The
plan is to include the funding and personnel being allocated to
each function and any reforms being made, including those
undertaken in response to the NAS findings.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
A total of $888,243,000 is provided for ``Infrastructure
Protection and Information Security'' (IPIS), of which
$200,000,000 is available until September 30, 2013. A total of
$93,348,000 is provided for Infrastructure Security Compliance.
This amount combined with the carryover balance of $19,705,120
provides $113,053,120 for program implementation in fiscal year
2012.
Statutory language is included requiring expenditure
plans for the Office of Infrastructure Protection and the
National Cyber Security Division. The plans shall include a
description by PPA and line item with the associated costs
subdivided by quarter. The plan shall provide sufficient detail
on the items and services procured and the outcomes of those
services or items. As requested in the President's budget,
$28,927,000 is included for Control Systems Security;
$14,876,000 is included for cyber education; and $8,012,000 is
included for cybersecurity outreach and awareness. Any funding
used for acquisition of workforce improvements shall be clearly
identified. Funding levels for all Information, Sharing and
Analysis Centers, the National Infrastructure Simulation and
Analysis Center, and for vulnerability assessments shall also
be clearly identified.
A provision that requires an investment and management
plan is not included for the National Cybersecurity Protection
System as directed in the House report. Additionally, a
separate report for Next Generation Network Priority Services
is not required as directed in the Senate report. NPPD shall
instead comply with the requirements for the Comprehensive and
Quarterly Acquisition Status Reports in Departmental Management
and Operations under the heading ``Under Secretary for
Management.''
With respect to sector cooperation, the Under Secretary
for NPPD is to provide a report regarding the results of a
review to streamline the processes for coordination and
information sharing with industry partners, and GAO is to
conduct an evaluation of the effort, as directed in the Senate
report.
The Under Secretary is directed to provide a report that
details the Department's definition of inherently safer
technology as it relates to chemical facilities under the
purview of the Chemical Facility Anti-Terrorism Standards
program.
The amount provided for this appropriation by PPA is as
follows:
Infrastructure Protection:
Infrastructure Analysis & Planning.................. $70,518,000
Sector Management & Governance...................... 74,219,000
Regional Field Operations........................... 57,367,000
Infrastructure Security Compliance.................. 93,348,000
--------------------------------------------------------
____________________________________________________
Subtotal, Infrastructure Protection............. 295,452,000
Cybersecurity and Communications:
Cybersecurity:
Cybersecurity Coordination.......................... 4,500,000
US-Computer Emergency Readiness Team (US-CERT)
Operations........................................ 79,116,000
Federal Network Security............................ 35,000,000
Network Security Deployment......................... 229,000,000
Global Cybersecurity Management..................... 23,992,000
Critical Infrastructure Cyber Protection & Awareness 60,000,000
Business Operations................................. 11,568,000
--------------------------------------------------------
____________________________________________________
Subtotal, Cybersecurity......................... 443,176,000
Communications:
Office of Emergency Communications.................. 43,495,000
Priority Telecommunications Services................ 56,074,000
Next Generation Networks............................ 25,253,000
Programs to Study and Enhance Telecommunications.... 13,441,000
Critical Infrastructure Protection Programs......... 11,352,000
--------------------------------------------------------
____________________________________________________
Subtotal, Communications............................ 149,615,000
--------------------------------------------------------
____________________________________________________
Subtotal, Cybersecurity and Communications...... 592,791,000
--------------------------------------------------------
____________________________________________________
Total, Infrastructure Protection and
Information Security...................... $888,243,000
FEDERAL PROTECTIVE SERVICE
A total of $1,261,537,000 is provided for the ``Federal
Protective Service'' (FPS), as requested, for fiscal year 2012.
This amount is fully offset by collections of security fees. A
provision is included requiring the Secretary and the Director
of the Office of Management and Budget to certify, no later
than December 31, 2011, that FPS will collect a sufficient
amount in fees to cover the total number of FTE requested in
the budget, or adjust the fee to cover all costs.
The Director of FPS shall provide an expenditure plan by
PPA for fiscal year 2012 no later than 60 days after the date
of enactment of this Act. The plan shall include a description
by line item and distinct activity with the expenditures
subdivided quarterly. With the submission of the fiscal year
2013 budget, the Director of FPS shall comply with the
requirements as detailed in Departmental Management and
Operations, ``Office of the Chief Financial Officer'' with
respect to fiscal year 2013 budget justifications. The
justification provided in fiscal year 2013 shall include all
funding sources, including reimbursables.
FPS is directed to provide a strategic human capital plan
and a plan to assume security and protection responsibilities
from agencies that currently hold delegated authority to the
Committees and GAO as directed in the Senate report. Further,
GAO is directed to comply with the directions with respect to
reviewing such plans.
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY
A total of $306,802,000 is provided for US-VISIT. No
funds are included for the Acquisition Workforce Initiative.
Statutory language is included to require a multi-year
investment and management plan. In addition, US-VISIT is
directed to comply with the direction included under the
heading ``Office of the Chief Financial Officer'' with respect
to improved budget justifications.
Overstay Backlog Elimination
Given the current budgetary environment, security
requirements that must be met immediately, and the lack of an
implementation plan for biometric air exit, unobligated
balances from US-VISIT are rescinded for distribution to other
security priorities across the Department for which funds can
be more quickly executed. An increase of $9,400,000 is provided
for US-VISIT to prepare a comprehensive plan for implementation
of biometric air exit, as well as for improvement of biographic
entry-exit matching capabilities and to prevent future overstay
backlogs. DHS is encouraged to identify additional funds to
enhance funding for its biographic efforts. The Department is
directed to brief the Committees no later than January 13,
2012, on its plan for use of these funds, to include
elimination of the backlog of ``unvetted'' overstay records and
the prevention of reoccurrence of backlogs.
Semi-Annual Briefings
US-VISIT shall continue to provide briefings to the
Committees on biometric exit planning; interoperability in
conjunction with its interagency counterparts; hirings and
conversions; and other operations. The briefings will be on a
semi-annual rather than a quarterly basis.
Identity Management and Screening Services
As required in the House report, US-VISIT shall brief the
Committees quarterly on its workload and service levels,
including any backlogs that may result from an influx of
transactions or new users.
US-VISIT 1.0
Funds are not provided for ``US-VISIT 1.0'' due to
insufficient justification regarding the use of such funds. US-
VISIT is encouraged to continue planning efforts for
modernization of IDENT, including ensuring that it can operate
efficiently to meet the growing and evolving needs of its users
and provide the critical capabilities necessary for our
Nation's security. IDENT modernization should be outlined in
the US-VISIT investment and management plan.
Office of Health Affairs
A total of $167,449,000 is provided for the Office of
Health Affairs (OHA). The Assistant Secretary for the OHA is
directed to provide an expenditure plan that includes a
description by line item and distinct activity, with the
expenditures subdivided by quarter, within 60 days after the
date of enactment of this Act. Further, OHA is directed to
comply with the direction included in Departmental Management
and Operations, ``Office of the Chief Financial Officer'' with
respect to improved budget justifications.
A total of $12,013,000 is provided for the National
Biosurveillance Integration System (NBIS), $5,000,000 above the
budget request, including funds to diversify DHS's
biosurveillance capabilities. OHA is not required to collocate
the National Biosurveillance Integration Center as directed in
the Senate report.
A total of $5,439,000 is provided for the Chemical
Defense Program, of which $3,000,000 is provided above the
request for at least two additional demonstration projects, to
be competitively selected.
Federal Emergency Management Agency
SALARIES AND EXPENSES
A total of $895,350,000 is provided for Salaries and
Expenses under what was formerly called ``Management and
Administration.'' When combined with amounts available from
other accounts, a total of $1,031,378,000 is available for
Salaries and Expenses including grant program execution.
The amount provided for this appropriation by PPA is as
follows:
Administrative and Regional Offices..................... $110,495,000
Office of National Capital Region Coordination...... (5,493,000)
Preparedness and Protection............................. 109,873,000
Response................................................ 226,228,000
Urban search and rescue response system............. (41,250,000)
Recovery................................................ 78,373,000
Mitigation.............................................. 43,675,000
Mission Support......................................... 219,433,000
Centrally Managed Accounts.............................. 107,273,000
--------------------------------------------------------
____________________________________________________
Total, Salaries and Expenses.................... $895,350,000
FEMA shall provide an expenditure plan no later than 90
days after the date of enactment of this Act. The plan shall be
detailed by the PPA structure as detailed in this statement and
by office. It shall include actual funding from the prior year,
the current fiscal year, and deviations between the two years.
Each year shall include the number of positions, the number of
FTE, the amount for salaries and benefits, and the amount for
the program, showing all sources of funding. Specific
information regarding the transfer of funding from other
appropriations should be included, with the same level of
detail currently provided to the Committees.
For fiscal year 2013, the budget request for FEMA shall
comply with the direction included in Departmental Management
and Operations under the ``Office of the Chief Financial
Officer'' with respect to improved budget justifications.
Further, the budget request shall be detailed by office and
under the new PPA structure provided and submitted in the same
format as the required expenditure plan for fiscal year 2012.
FEMA is directed to study the feasibility to, on a
quarterly basis, post on the FEMA website a summary of the
financial status of funds appropriated under ``State and Local
Programs.''
FEMA is provided the authority to reprogram funds within
``Salaries and Expenses,'' notwithstanding the requirements of
section 503 of this Act. This temporary authority shall expire
on April 16, 2012.
A provision is included requiring the Administrator to
submit the National Preparedness Report and a comprehensive
plan to implement a system to measure the effectiveness of
grants to State and local communities to the Committees in
fiscal year 2012. Further, $1,400,000, 25 percent of the funds
for the Office of the Administrator, is withheld from
obligation until the Report and the plan are submitted.
Within 90 days of the date of the enactment of this Act,
the Administrator of FEMA, in consultation with the Commander
of the U.S. Army Corps of Engineers (USACE), shall provide a
report on the cost of debris removal. Specifically, the report
shall address the disparity between the cost factors for the
USACE as compared to other options communities have for debris
removal services.
Program, Project, and Activity Restructuring
In order to provide additional visibility, the FEMA
``Salaries and Expenses'' account, formerly the ``Management
and Administration'' account, has been subdivided into PPA
lines. The Administrative and Regional Offices PPA includes the
Office of the Administrator, Office of Policy and Program
Analysis, Office of External Affairs, Disability Integration
and Coordination, Office of Equal Rights, Office of Chief
Counsel, Office of the Chief Financial Officer, Office of
National Capital Region Coordination, Regional Operations,
Federal Coordinating Officers, and Evaluations and Assessments.
The Preparedness and Protection PPA includes the Office of
Preparedness and National Protection, National Continuity,
National Preparedness Directorate, Grants Programs Directorate,
and Technical Assistance. The Response PPA includes the Office
of Response and Recovery, Response Programs, and Logistics
Programs. The Recovery PPA includes Recovery Programs. The
Mitigation PPA includes Mitigation Programs. The Mission
Support PPA includes the Office of the Associate Administrator,
Chief Administrative Officer, Chief Security Officer, Chief
Information Officer, Chief Human Capital Officer, Chief
Procurement Officer, and Regional Support. The Centrally
Managed Accounts PPA includes centrally managed functions in
the Office of the Chief Financial Officer as well as the
Enterprise Operations in the Office of the Chief Administrative
Officer, Chief Information Officer, and Chief Security Officer.
The Emergency Management Institute is funded under the ``State
and Local Programs'' account.
Technical Assistance and Evaluations and Assessments
Funding for activities under Technical Assistance and
Evaluations and Assessments has been provided under this
heading instead of under the ``State and Local Programs''
account as in previous years. A total of $10,000,000 is
provided for Technical Assistance within the new Preparedness
and Protection PPA, and $10,000,000 is provided for Evaluations
and Assessments within the new Administrative and Regional
Offices PPA.
Facilities Management
A total of $12,000,000 is provided for capital
improvements at Mount Weather, as requested. Additionally,
$5,000,000 above the requested amount is provided to address
unfunded repairs and capital improvement on priority projects
across FEMA. None of these funds may be obligated until five
days after the Chief Financial Officer (CFO) of FEMA briefs the
Committees on an execution plan for these funds.
Automation Modernization
A total of $13,662,000 is provided for FEMA to address
automation modernization requirements. None of these funds may
be obligated until five days after the CFO and the Chief
Information Officer (CIO) of FEMA brief the Committees on the
execution plan for these funds. A provision is included
requiring FEMA to provide a strategic plan within 180 days
after the date of enactment of this Act to modernize its
automation and information systems. As noted in both the Senate
and House reports, a recent OIG report (OIG-11-69) highlighted
a systemic information management and systems problem within
FEMA which leaves the Agency less able to efficiently and
effectively accomplish its mission. FEMA relies on a time
consuming and manual process to estimate its needs for disaster
relief funding. Further, FEMA has been unable to quantify
National preparedness capabilities, and gaps in capabilities,
despite Congress's call to do so since before 2007. Lastly,
FEMA is unable to efficiently work with partners in homeland
security and emergency management due to a lack of comparable
technology capability.
The lack of a comprehensive approach and needed
investments to modernize systems has also left FEMA less able
to integrate the preparedness, prevention, response,
mitigation, and recovery missions with which it is charged. The
funding and planning requirement established in the Act is to
provide the means and the direction for FEMA to modernize for
better performance and future cost savings. FEMA shall include
the DHS CIO in planning efforts to ensure compatibility with
DHS systems where practicable. Further, the needs of the Office
of National Capital Region Coordination (ONCRC) shall be
considered in the automation and information systems strategy.
The Deputy Administrator is directed to brief the Committees
within 45 days after the date of the enactment of this Act
regarding the implementation of the findings of OIG report OIG-
11-69, and the initial effort to formulate the modernization
plan for each major component within FEMA. These requirements
are in lieu of separate requirements addressed in Senate and
House reports with respect to the information technology and
modernization within the CIO, Preparedness and Protection,
Recovery, Mission Support, and the ONCRC.
Funding for data center migration is not included in this
account but is instead addressed under General Provisions in
Title V.
Disaster Relief Fund Financial Management Policy
Within 90 days after the date of the enactment of this
Act, the Administrator and the CFO of FEMA shall develop a
policy and issue guidance on the implementation of the
restriction to immediate needs funding, or any other spending
restrictions administratively imposed in the Disaster Relief
Fund (DRF). This policy shall include thresholds for when a
restriction will be implemented and identify which programs are
impacted under the restriction. FEMA shall brief the Committees
within 90 days after the date of the enactment of this Act on
the completed policy. Further, FEMA is directed to notify the
Committees no later than 15 days prior to the implementation of
immediate needs funding restrictions, to the extent
practicable.
To improve the validity and veracity of requests for
disaster relief funding in future budgets, the Administrator
and the CFO of FEMA shall develop policy and guidance that
defines the methodology used to formulate the budget estimate
for the DRF. The policy shall be consistent with the Budget and
Control Act and shall include a clear description of the data
used as a basis for the request, the office responsible for
providing the data, and the source(s) of data used. The Office
of the Administrator and the CFO of FEMA shall brief the
Committees within 90 days of the date of the enactment of this
Act on the proposed policy and guidance. Using this policy and
guidance, the CFO of FEMA shall work with a qualified third
party organization to review the methodology and create
estimating tools that will enable rigorous and more consistent
forecasting of the requirements for the Disaster Relief Fund.
Up to $500,000 is provided for this effort. The Committees
shall be regularly briefed by the CFO on the status of the
project.
Further, to improve the management of the DRF and
assistance programs, FEMA needs to improve the quality and
timeliness of project worksheets for public assistance grants,
as well as the process for sharing that information with
regional offices, FEMA headquarters, and the Office of
Management and Budget (OMB). Therefore, FEMA shall work with
the Homeland Security Studies and Analysis Institute, or an
independent organization with expertise in grants management,
to review the project worksheet process and flow of
information, and provide a report to the Committees no later
than May 1, 2012. The organization shall provide
recommendations to FEMA and the Committees on how to improve
the collection and sharing of grant information between the
regions, FEMA headquarters, and OMB. The review shall include a
delineation of the time an application, or an application
appeal, currently spends at each office and stage of the
process including the joint field office, FEMA regional office,
FEMA headquarters, DHS, and OMB; and ways to streamline the
information and reduce the time needed to adjudicate
applications.
Office of the National Capital Region Coordination
A total of $5,493,000 is provided for the ONCRC. The
ONCRC was created to oversee and coordinate Federal programs
for and relationships with State, local, and regional
authorities in the National Capital Region. Strides have been
made in coordinating efforts, especially among the State and
local partners, however, there is much more to do, especially
in regard to coordination and communication among Federal
entities in the area. The Office of the Administrator of FEMA,
in conjunction with ONCRC, shall provide a briefing within 60
days after the date of enactment of this Act, on a clear
strategy and an action plan to ensure that ONCRC activities are
focused in the most efficient and effective manner. The
briefing shall provide an understanding of specific outcomes of
the ONCRC for fiscal year 2012, and the timeframe in which they
will be completed. Further, the Administrator of FEMA is
directed to comply with section 882 of the Homeland Security
Act of 2002 with respect to the submission of the ONCRC annual
report. The annual report shall be submitted within 60 days of
the date of enactment of this Act.
A provision is continued requiring the inclusion of the
Governors of the State of West Virginia and the Commonwealth of
Pennsylvania in the National Capital Region decision-making and
planning process for mass evacuation.
Urban Search and Rescue
A total of $41,250,000 is for the Urban Search and Rescue
Response System, an increase of $6,070,000 over fiscal year
2011. The increase provides for updating the chemical,
biological, radiological, nuclear, or explosives equipment for
existing teams and to add an additional team, if warranted, to
ensure adequate response times and coverage across the Nation.
None of the additional funds provided may be obligated until
five days after FEMA briefs the Committees on the requirements
and justification for the expenditure of funds. FEMA is
directed to provide the details of the complete review of the
System without delay.
Unaccompanied Minors Registry
A total of no less than $500,000 is provided to automate
the unaccompanied minors registry and call center as directed
in the Senate report.
Presidential Policy Directive--8
The conferees are pleased the National Preparedness Goal
was submitted this past September, in accordance with the
Presidential Policy Directive--8, and expect to receive a
report describing the National Preparedness System before
January 2012. Within 15 days after receiving the report, FEMA
shall brief the Committees on the recommendations of the
report, timelines for their implementation, and their budgetary
impacts.
STATE AND LOCAL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
A total of $1,349,681,000 is provided for State and Local
programs. The amount provided for this appropriation by PPA is
as follows:
State and Local Programs Grants......................... $1,118,000,000
Education, Training, and Exercises:
Emergency Management Institute...................... 16,181,000
Center for Domestic Preparedness.................... 62,500,000
National Domestic Preparedness Consortium........... 93,000,000
National Exercise Program........................... 34,000,000
Continuing Training................................. 26,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, Education, Training, and Exercises.... 231,681,000
--------------------------------------------------------
____________________________________________________
Total, State and Local Programs............. $1,349,681,000
The funds provided for State and Local Program grants are
to be allocated according to threat, vulnerability, and
consequence to assist high-risk urban areas, States, local and
Tribal governments, and other homeland security partners in
preventing, preparing for, protecting against, and responding
to acts of terrorism. Congress has appropriated over
$34,000,000,000 to homeland security grants to date to build
first responder capabilities and secure infrastructure. Given
the current fiscal climate, the Department should work with the
appropriate Committees of jurisdiction to clearly define the
Federal role and reassess the most effective delivery of
support and resources to sustain and improve homeland security
capabilities.
The Secretary and the Administrator of FEMA are directed
to study the current grant programs in order to make them the
most effective and to reduce impediments to the timely
expenditure of homeland security grant funds. The results of
such study shall be provided to the Committees in conjunction
with the required comprehensive plan to implement a system to
measure the effectiveness of grants.
Several provisions are included related to grant
administration. Grant guidance shall be issued within 60 days,
applicants shall apply within 80 days, and award decisions
shall be made within 65 days. Grantees may not use more than 5
percent of a grant for grant administration and shall provide
reports on the use of funds as determined necessary by the
Secretary. The installation of communications towers is not
considered construction under State Homeland Security Grants
and the Urban Area Security Initiative.
A provision is included allowing the Center for Domestic
Preparedness to train certain emergency personnel provided it
does not interfere with the primary mission to train state and
local emergency response providers.
Funding for the Emergency Management Institute is
provided under this heading, instead of under ``Salaries and
Expenses'' (formerly ``Management and Administration'') as in
previous years.
The Department shall brief the Committees on steps taken
to ensure community leaders and grantees have the same threat,
vulnerability, and consequence information that is available to
the Department to ensure applications reflect true risk.
The GAO is no longer required to monitor the development
of any system to measure the effectiveness of the grant
programs as directed in the House report.
FEMA is required to provide a report on the
accomplishments of the Regional Catastrophic Preparedness Grant
Program, including how successes can be transitioned to and
sustained through future catastrophic planning efforts.
As addressed in both the Senate and House reports, the
continued slow expenditure of funds is concerning. FEMA is
directed to brief the Committees no later than 90 days after
the date of enactment of this Act on plans to expedite the
expenditure of funds for interoperable emergency
communications, port security, and transit security grants.
Particular attention should be placed on funds that were
appropriated prior to fiscal year 2008.
FIREFIGHTER ASSISTANCE GRANTS
A total of $675,000,000 is provided for Firefighter
Assistance Grants including $337,500,000 for firefighter
assistance grants and $337,500,000 for firefighter staffing
grants. FEMA is directed to continue the present practice of
funding applications according to local priorities and those
established by the United States Fire Administration, to
maintain an all-hazards focus, and to grant funds for eligible
activities in accordance with the authorizing statute. FEMA is
required to continue the current grant application and review
process as specified in the House report.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
A total of $350,000,000 is provided for Emergency
Management Performance Grants.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
Statutory language is included providing for the receipt
and expenditure of fees collected, as authorized by P.L. 105-
276.
UNITED STATES FIRE ADMINISTRATION
A total of $44,038,000 is provided for the United States
Fire Administration.
DISASTER RELIEF FUND
(INCLUDING TRANSFER OF FUNDS)
A total of $700,000,000 is provided in this conference
agreement for the Disaster Relief Fund formerly called
``Disaster Relief.'' The conferees anticipate that an
additional $6,400,000,000 that is designated for major
disasters pursuant to 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985 will be provided in
legislation that is being considered in parallel to this
conference agreement. Therefore, a total amount of
$7,100,000,000 will be provided for the Disaster Relief Fund
for fiscal year 2012 consistent with estimates provided by the
Director of the Office of Management and Budget in a letter
dated October 19, 2011, and by the Secretary of Homeland
Security in the report titled ``Disaster Relief Funding
Requirements'' dated October 21, 2011, pursuant to the
legislative requirement in Section 125 of H.R. 2017 (Public Law
112-36). Of the funds provided in this conference agreement,
$24,000,000 shall be transferred to the DHS OIG for audits and
investigations related to disasters.
A provision is included amending Public Law 110-161 which
exempts FEMA from the permanent requirement to submit a monthly
``Disaster Relief'' report. A new provision is included
updating the timeframes and information which FEMA must report
to the Committees on the Disaster Relief Fund. This provision
reduces the burden of reporting by FEMA and allows for better
oversight of funding requirements by the Committees. There are
several previous reporting requirements which are deleted
altogether. FEMA is cautioned that such data could be required
in the future after a catastrophic event, and FEMA should
therefore not lose the capacity to track and provide such
information including: Mission Assignment obligations and
expenditures by Federal agency; credit card costs and purchases
by DHS agencies; and sole source contracts.
A report on the expenditure of funds for disaster
readiness and support, including quarterly updates, is
required, as in previous years.
A requirement is included in this statement under FEMA
Salaries and Expenses to improve DRF budget estimates.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
A total of $295,000 is provided for the cost of direct
loans.
FLOOD HAZARD MAPPING AND RISK ANALYSIS
A total of $97,712,000 is provided for flood hazard
mapping and risk analysis.
FEMA is directed to provide no less than 20 percent of
the funds provided under this heading for map updates and
maintenance conducted by Cooperating Technical Partners (CTPs)
that provide at least a 25 percent cash match and have a strong
record of working effectively with FEMA on floodplain mapping
activities.
NATIONAL FLOOD INSURANCE FUND
A total of $22,000,000 is provided for salaries and
expenses and $149,000,000 for flood plain management and
mapping. Further, $10,000,000 is provided for the severe
repetitive loss program.
NATIONAL PREDISASTER MITIGATION FUND
A total of $35,500,000 is provided for the National
Predisaster Mitigation Fund. The unobligated balance from
previous years is $173,259,000.
EMERGENCY FOOD AND SHELTER
A total of $120,000,000 is provided for the Emergency
Food and Shelter program.
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
A total of $102,424,000 is provided in discretionary
appropriations for USCIS for E-Verify.
Fee Funded Programs
USCIS operations that have been funded through fee
revenue should continue to be funded in that manner, including
the processing of refugee and asylum claims, Systematic Alien
Verification for Entitlements (SAVE), and immigrant integration
activities. USCIS is directed to include these costs in its
revised fee schedule in recognition of the fact that no
additional appropriations will be available to cover the costs
of these activities. Further, the table at the end of this
statement is updated to reflect these activities as funded
through fee collections and includes new projections from
USCIS. The requirement in the House report regarding quarterly
briefings on fee revenues and obligations is incorporated into
the user fee report requirement addressed in this statement
under the heading ``Office of the Chief Financial Officer.''
Digitization Efforts
USCIS, ICE, and the Executive Office of Immigration
Review are directed to brief the Committees on use of digitized
records, as required in the House report, no later than March
1, 2012. USCIS is also directed to provide no less than
$29,000,000 to continue conversion of immigration records to
digital format.
Systematic Alien Verification for Entitlements
Due to current budgetary constraints, the SAVE program
must continue to be funded through user fees and other USCIS
fee revenues. USCIS shall explore all opportunities to reduce
the burden on State and local benefits agencies that serve as a
disincentive to participation. Additionally, USCIS shall ensure
that improvements to the Verification Information System
benefit both E-Verify and SAVE users.
REAL ID
The Department is directed to brief the Committees no
later than April 13, 2012, on the steps being taken to
encourage the States to draw down these funds, the progress on
draw down, and the specific reasons by jurisdiction for the
delay in draw down, as directed in the House report.
Immigrant Integration Grants
Section 551 is included providing $10,000,000 for
immigrant integration grants from fee revenue. No more than
five percent of the amount of funds utilized for immigrant
integration grants can be used to administer the program.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
A total of $238,957,000 is provided for ``Salaries and
Expenses,'' as requested. Within the funds provided,
$29,716,000 is for Management and Administration and $1,304,000
is for the Federal Law Enforcement Training Accreditation
Board.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
A total of $32,456,000 is provided for ``Acquisitions,
Construction, Improvements, and Related Expenses.''
Science and Technology
MANAGEMENT AND ADMINISTRATION
A total of $135,000,000 is provided for ``Management and
Administration,'' including not to exceed $8,500 for official
reception and representation expenses.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
A total of $533,000,000 is provided for ``Research,
Development, Acquisition, and Operations,'' including
$265,783,000 for a new consolidated ``Research, Development,
and Innovation'' (RDI) PPA in lieu of the previous, more
detailed program areas. Funding is available for three years,
except Laboratory Facilities funding, which is available for
five years.
The amount provided for this appropriation by PPA is as
follows:
Research, Development, and Innovation................... $265,783,000
Laboratory Facilities (Operations and Construction)..... 176,500,000
Acquisition and Operations Support...................... 54,154,000
University Programs..................................... 36,563,000
--------------------------------------------------------
____________________________________________________
Total, Research, Development, Acquisition and
Operations........................................ $533,000,000
Research, Development, and Innovation
The new PPA for RDI will enable S&T to more quickly shift
resources, if necessary, between research activities without
formal reprogramming or transfer actions. In some instances,
research activity may straddle several different missions and
thrust areas. S&T and the Department must prioritize this
consolidated research budget, which is substantially reduced
from recent fiscal years, to focus on areas with the greatest
promise for delivering material improvements or tangible
contributions to homeland security missions in the near term.
This flexibility in funding should facilitate that effort and
partially offset the impact of an overall funding reduction.
However, it remains important for accountability and
visibility into the S&T research program that a more detailed
reporting of research activity be available. Therefore, S&T is
directed to submit to the Committees a detailed breakout of RDI
funding by research thrust areas and by project, based on the
categories presented in the budget justification materials, no
later than 30 days after the date of enactment of this Act, and
to submit quarterly updates thereafter.
Apex Research Projects
The Apex initiative focuses on high-priority, high-value
projects expected to produce results to solve a homeland
security challenge in the near term. To provide the best
oversight over these programs, S&T is directed to brief the
Committees before initiating any new Apex projects, as
specified in the House report. S&T and the Secret Service shall
brief the Committees no later than 60 days after the date of
enactment of this Act on the protective technology project, to
include a progress report and a schedule for test and
evaluation under operational conditions.
Resilience and Cybersecurity
S&T is encouraged to continue to support competitively
awarded research into disaster resilience with universities and
Federal research centers, as well as cybersecurity research and
development, as discussed in the Senate report.
Laboratory Facilities (Operations and Construction)
A total of $176,500,000 is provided for Laboratory
Facilities (Operations and Construction), of which $50,000,000
shall be to support the construction of the National Bio- and
Agro-defense Facility (NBAF), and of which $18,200,000 shall be
for infrastructure upgrades at the Transportation Security
Laboratory as requested. Section 550 in the Act restricts funds
appropriated in this Act for NBAF construction until the
Department of Homeland Security completes 50 percent design
planning for the NBAF, submits a revised site-specific
biosafety and biosecurity mitigation risk assessment, and
submits the National Academy of Sciences' review of the revised
risk assessment. In addition, the revised site-specific
biosafety and biosecurity mitigation risk assessment is to
include a plan for expenditure of funds related to NBAF
construction and a revised estimate of the total construction
costs to complete the facility.
Nuclear and Radiological Response and Recovery
While funding for general transformational research and
development of nuclear and radiological threat detection is
funded within the Domestic Nuclear Detection Office (DNDO), S&T
is directed as part of its fiscal year 2013 budget to give
priority to research and development of technology for response
and recovery from nuclear or radiological attacks or disasters,
as part of its broader support of homeland security response
and recovery requirements.
Acquisition and Operations Support
A total of $54,154,000 is provided for ``Acquisition and
Operations Support.'' S&T is directed to provide no less than
$6,641,000, as requested, for the establishment of policies and
procedures for test and evaluation activities and to monitor
and coordinate them across the Department's acquisition
framework.
Domestic Nuclear Detection Office
MANAGEMENT AND ADMINISTRATION
A total of $38,000,000 is provided for ``Management and
Administration.'' The Secretary is directed to submit to the
Committees no later than 180 days after the date of enactment
of this Act a strategic plan of investments necessary to
implement the Department's responsibilities under the domestic
component of the Global Nuclear Detection Architecture (GNDA),
as required by this Act.
RESEARCH, DEVELOPMENT, AND OPERATIONS
A total of $215,000,000 is provided for ``Research,
Development, and Operations.''
The amount provided for this appropriation by PPA is as
follows:
Systems Engineering and Architecture.................... $30,000,000
Systems Development..................................... 51,000,000
Transformational Research and Development............... 40,000,000
Assessments............................................. 38,000,000
Operations Support...................................... 33,000,000
National Technical Nuclear Forensics Center............. 23,000,000
--------------------------------------------------------
____________________________________________________
Total, Research, Development, and Operations........ $215,000,000
Semi-Annual Briefings
In lieu of quarterly briefings, as directed in the House
and Senate reports, DNDO is directed to brief the Committees
semi-annually on program updates and to provide periodic
updates on any new threats, research, and studies and
assessments related to the GNDA. Semi-annual program briefings
shall also cover emergent technology solutions being explored
by DNDO, such as the human portable tripwire program; cargo
scanning technologies for air, land, and sea ports of entry;
long-range detection; small vessel standoff detection; and
related programs. Briefings shall include available test and
evaluation results.
Systems Engineering and Architecture
Funding for DNDO's proposed Mission Critical Messaging
program is provided to enhance situational awareness of the
GNDA.
Systems Development
In lieu of the requirement for an evaluation of DNDO's
acquisitions funding and the appropriateness of consolidating
DNDO's ``Systems Development'' and ``Test and Evaluation
Infrastructure Operations'' activities within the Department's
Science and Technology Directorate, language is included under
the ``Office of the Chief Financial Officer'' heading in this
statement regarding an assessment of the Department's
acquisition organization and performance in support of its
nuclear detection mission.
Transformational Research and Development
The Department's request to transfer radiological and
nuclear research and development from DNDO to the Department's
Science and Technology Directorate is denied. Instead, a total
of $40,000,000 is provided for Transformational Research and
Development (R&D).
The conferees recognize that transformational R&D is
funded at a substantially reduced level when compared to prior
fiscal years and urge DNDO to leverage partnerships within the
Department and the interagency community to realize the
Office's radiological and nuclear research objectives. DNDO is
directed to provide a detailed breakout no later than 60 days
after the date of enactment of this Act of how it intends to
fund transformational R&D activities at the reduced
appropriations level, as directed in the House report.
SYSTEMS ACQUISITION
A total of $37,000,000 is provided for ``Systems
Acquisition.''
The amount provided for this appropriation by PPA is as
follows:
Radiation Portal Monitor Program........................ $7,000,000
Securing the Cities..................................... 22,000,000
Human Portable Radiation Detection System............... 8,000,000
--------------------------------------------------------
____________________________________________________
Total, Systems Acquisition.......................... $37,000,000
Radiation Portal Monitor Program
A total of $7,000,000 is provided for the Radiation
Portal Monitor (RPM) program. Reductions from the request are
made in light of the Secretary's decision to cancel the
Advanced Spectroscopic Portal (ASP) program as communicated in
the Secretary's letter of October 3, 2011, to the Committees.
As a result of the Secretary's decision, bill language
restricting deployment of ASP is not included. If a successor
program is initiated by the Department, the Committees are to
be notified.
Securing the Cities
A total of $22,000,000 is provided for the Securing the
Cities (STC) program, which includes $2,000,000 for a new STC
location beyond the New York pilot. In lieu of the reports
required by the House and Senate on the STC program, DNDO is
directed to provide a report, before committing funds to a new
STC location, that: (1) Provides an evaluation of the New York
STC pilot, including lessons learned for future STC sites and
corrective actions that are being taken, or will be taken, to
reconcile deficiencies identified in exercises and reviews; (2)
details efforts to establish a model for STC lifecycle costs;
(3) delineates performance measures that will be used to
evaluate STC sites; and (4) outlines plans for a Federal
transition strategy for the existing and new STC location.
In lieu of quarterly briefings, as directed in the House
report, DNDO is directed to provide periodic briefings on the
Securing the Cities program, with the first briefing to be
scheduled after the Committees receive the report assessing the
2011 STC exercise in New York City.
TITLE V--GENERAL PROVISIONS
Section 501. A provision proposed by the House and Senate
is continued that no part of any appropriation shall remain
available for obligation beyond the current year unless
expressly provided.
Section 502. A provision proposed by the House and Senate
is continued that unexpended balances of prior appropriations
may be merged with new appropriation accounts and used for the
same purpose, subject to reprogramming guidelines.
Section 503. A provision proposed by the Senate is
continued that provides authority to reprogram appropriations
within an account and to transfer up to 5 percent between
appropriations accounts with 15-day advance notification to the
Committees. The House proposed a similar provision. A detailed
funding table identifying programs, projects, and activities is
included at the end of this statement. This table along with
funding levels specified in the report shall serve as the
control level for all reprogrammings. These reprogramming
guidelines shall be complied with by all agencies funded by
this Act.
The Department shall submit reprogramming requests on a
timely basis and provide complete explanations of the
reallocations proposed, including detailed justifications of
the increases and offsets, and any specific impact the proposed
changes will have on the budget request for the following
fiscal year and future-year appropriations requirements. Each
request submitted to the Committees should include a detailed
table showing the proposed revisions at the account, program,
project, and activity level to the funding and staffing (full-
time equivalent position) levels for the current fiscal year
and to the levels requested in the President's budget for the
following fiscal year.
The Department shall manage its programs and activities
within the levels appropriated. The Department should only
submit reprogramming or transfer requests in the case of an
unforeseeable emergency or situation that could not have been
predicted when formulating the budget request for the current
fiscal year. When the Department submits a reprogramming or
transfer request to the Committees and does not receive
identical responses from the House and Senate, it is the
responsibility of the Department to reconcile the House and
Senate differences before proceeding, and if reconciliation is
not possible, to consider the reprogramming or transfer request
not approved.
The Department is not to submit a reprogramming or
transfer of funds after June 30 except in extraordinary
circumstances, which imminently threaten the safety of human
life or the protection of property. If a reprogramming or
transfer is needed after June 30, the notice should contain
sufficient documentation as to why it meets this statutory
exception.
Subsection (e), added in the fiscal year 2011 year-long
continuing resolution, is included to ensure that funds that
are deobligated by the Department are also subject to the
reprogramming and transfer guidelines and requirements set
forth in this section.
Section 504. A provision proposed by the House and Senate
is continued that prohibits funds appropriated or otherwise
made available to the Department to make payment to the
Department's Working Capital Fund, except for activities and
amounts allowed in the President's fiscal year 2012 request.
Funds provided to the WCF are available until expended. The
Department can only charge components for direct usage of the
WCF and these funds may be used only for the purposes
consistent with the contributing component. Any funds paid in
advance or reimbursed must reflect the full cost of each
service. The WCF shall be subject to the requirements of
section 503 of this Act.
Section 505. A provision proposed by the House and Senate
is continued that not to exceed 50 percent of unobligated
balances remaining at the end of fiscal year 2012 from
appropriations made for salaries and expenses shall remain
available through fiscal year 2013 subject to section 503
reprogramming guidelines.
Section 506. A provision proposed by the House and Senate
is continued that funds for intelligence activities are deemed
to be specifically authorized during fiscal year 2012 until the
enactment of an Act authorizing intelligence activities for
fiscal year 2012.
Section 507. A provision proposed by the House and Senate
is continued and modified requiring notification of the
Committees three days before grant allocations, grant awards,
contract awards, other transactional agreements, letters of
intent, or a task or delivery order on a multiple contract
award totaling $1,000,000 or more, or a task or delivery order
greater than $10,000,000 from multi-year funds, is announced by
the Department, including contracts covered by the Federal
Acquisition Regulation. The Department is required to brief the
Committees 5 full business days prior to announcing the
intention to make a grant under State and Local Programs.
Notification shall include a description of the project or
projects to be funded, including city, county, and State.
Section 508. A provision proposed by the House and Senate
is continued that no agency shall purchase, construct, or lease
additional facilities for Federal law enforcement training
without advance approval of the Committees.
Section 509. A provision proposed by the House and Senate
is continued that none of the funds may be used for any
construction, repair, alteration, and acquisition project for
which a prospectus, if required under chapter 33 of title 40,
United States Code, has not been approved.
Section 510. A provision proposed by the House and Senate
is continued and modified that consolidates by reference prior
year statutory bill language into one provision. These
provisions relate to contracting officer's technical
representative training; sensitive security information; and
the use of funds in conformance with section 303 of the Energy
Policy Act of 1992.
Section 511. A provision proposed by the House and Senate
is continued that none of the funds may be used in
contravention of the Buy American Act.
Section 512. A provision proposed by the House and Senate
is continued and modified on reporting requirements of the
privacy officer.
Section 513. A provision proposed by the House and Senate
is continued regarding the oath of allegiance required by
section 337 of the Immigration and Nationality Act.
Section 514. A provision proposed by the House and Senate
is continued requiring the Chief Financial Officer to submit
monthly budget execution and staffing reports within 45 days
after the close of each month.
Section 515. A provision proposed by the Senate is
continued regarding the competitive sourcing for United States
Citizenship and Immigration Services. The House proposed no
similar provision.
Section 516. A provision proposed by the Senate is
continued and modified directing that any funds appropriated or
transferred to TSA ``Aviation Security'', ``Administration'',
and ``Transportation Security Support'' in fiscal years 2004
and 2005 that are recovered or deobligated shall be available
only for procurement and installation of explosives detection
systems, air cargo, baggage, and checkpoint screening systems,
subject to notification. Quarterly reports must be submitted
identifying any funds that are recovered or deobligated. The
House proposed a similar provision.
Section 517. A provision proposed by the House and Senate
is continued for fiscal year 2012 requiring that any funds
appropriated to the Coast Guard's 110-123 foot patrol boat
conversion that are recovered, collected, or otherwise received
as a result of negotiation, mediation, or litigation, shall be
available until expended for the Fast Response Cutter program.
Section 518. A provision proposed by the House and Senate
is continued for fiscal year 2012 relating to undercover
investigative operations authority of the U.S. Secret Service.
Section 519. A provision proposed by the House and Senate
is continued classifying the functions of the instructor staff
at the Federal Law Enforcement Training Center as inherently
governmental for purposes of the Federal Activities Inventory
Reform Act.
Section 520. A provision proposed by the House and Senate
is continued prohibiting the obligation of funds to the Office
of the Secretary and Executive Management, the Office of the
Under Secretary for Management, and the Office of the Chief
Financial Officer for grants or contracts awarded by any means
other than full and open competition. Certain exceptions apply,
and this provision does not require new competitions of
existing contracts during their current terms. It also requires
the Inspector General to review Departmental contracts awarded
noncompetitively and report on the results to the Committees.
Section 521. A provision proposed by the House is
continued and modified that prohibits funding pertaining to the
Principal Federal Official during a Stafford Act declared
disaster or emergency, with certain exceptions. The Senate
proposed no similar provision.
Section 522. A provision proposed by the Senate is
continued and made permanent regarding the enforcement of
section 4025(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3724)
regarding butane lighters. The House proposed a similar
provision.
Section 523. A provision proposed by the House and Senate
is continued that precludes DHS from using funds in this Act to
carry out reorganization authority. This prohibition is not
intended to prevent the Department from carrying out routine or
small reallocations of personnel or functions within
components, subject to Section 503 of this Act. This language
prevents large scale reorganization of the Department, which
should be acted on legislatively by the relevant Congressional
committees of jurisdiction.
Section 524. A provision proposed by the Senate is
continued prohibiting the Secretary from reducing operations
within the Coast Guard's Civil Engineering Program except as
specifically authorized by a statute enacted after the date of
enactment of this Act. The House proposed no similar provision.
Section 525. A provision proposed by the House and Senate
is included prohibiting funding to grant an immigration benefit
to any individual unless the results of background checks
required by statute to be completed prior to the grant of
benefit have been received by DHS.
Section 526. A provision proposed by the House and Senate
is continued, modified, and made permanent prohibiting use of
funds to destroy or put out to pasture any horse or other
equine belonging to any component or agency of DHS unless
adoption has been offered first.
Section 527. A provision proposed by the Senate is
included extending other transactional authority for DHS
through fiscal year 2012 and eliminates a GAO reporting
requirement that is no longer necessary. The House proposed a
similar provision.
Section 528. A provision proposed by the House and Senate
is continued requiring the Secretary to link all contracts that
provide award fees to successful acquisition outcomes.
Section 529. A provision proposed by the Senate is
included and modified regarding waivers of 46 U.S.C. 501(b).
The House proposed no similar provision.
Section 530. A provision proposed by the House and Senate
is continued and modified prohibiting the obligation of funds
for the Office of the Secretary and Executive Management for
any new hires at DHS if they are not verified through the E-
Verify program.
Section 531. A provision proposed by the Senate is
continued prohibiting funds from being used to reduce the Coast
Guard's Operations Systems Center mission or its government-
employed or contract staff. The House proposed no similar
provision.
Section 532. A provision proposed by the House and Senate
is continued related to prescription drugs.
Section 533. A provision proposed by the Senate is
continued prohibiting funds to be used to conduct or implement
the results of a competition under Office of Management and
Budget Circular A-76 with respect to the Coast Guard National
Vessel Documentation Center. The House proposed no similar
provision.
Section 534. A provision proposed by the House and Senate
is continued requiring the Secretary, in conjunction with the
Secretary of the Treasury, to notify the Committees of any
proposed transfers from the Department of the Treasury
Forfeiture Fund to any agency within DHS. No funds may be
obligated until the Committees approve the proposed transfers.
If the President proposes to rescind Treasury Forfeiture Funds
in his fiscal year 2013 budget, he shall propose to divide the
funds equitably between the Departments based upon their
contributions to the Fund.
Section 535. A provision proposed by the House and Senate
is continued prohibiting funds for planning, testing, piloting,
or developing a national identification card.
Section 536. A provision proposed by the House is
continued requiring the TSA Administrator to certify that no
security risks will result if an airport does not participate
in the E-Verify program. The Senate proposed no similar
provision.
Section 537. A provision proposed by the House and Senate
is continued and modified that requires a report, to be posted
on the FEMA website, summarizing damage assessment information
used to determine whether to declare a major disaster.
Section 538. A provision proposed by the House and Senate
is continued, modified, and made permanent relating to the
liquidation of Plum Island assets and how the proceeds from
such sale may be applied to construction costs of the new
National Bio- and Agro-defense Facility.
Section 539. A provision proposed by the House and Senate
is continued directing that any official required by this Act
to report or to certify to the Committees on Appropriations may
not delegate any authority unless expressly authorized to do so
in this Act.
Section 540. A provision proposed by the Senate is
continued extending the risk-based security standards for
chemical facilities cited in section 550 of Public Law 109-295,
as amended, for one year. The House proposed a similar
provision.
Section 541. A provision proposed by the Senate is
continued prohibiting the use of funds for the transfer or
release of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba. The House proposed a similar provision.
Section 542. A provision proposed by the House and Senate
is continued prohibiting funds in this Act to be used for
first-class travel.
Section 543. A provision proposed by the House and Senate
is continued prohibiting funds in this Act to be used for
adverse personnel actions for employees who use protective
equipment or measures, including surgical masks, N95
respirators, gloves, or hand-sanitizers in the conduct of their
official duties.
Section 544. A provision proposed by the House and Senate
is continued prohibiting funds to be used to employ illegal
workers as described in Section 274A(h)(3) of the Immigration
and Nationality Act.
Section 545. A provision proposed by the Senate is
continued and modified relating to the proper disposal of
personal information collected through the Registered Traveler
program. The House proposed a similar provision.
Section 546. A provision proposed by the Senate is
continued and made permanent regarding the definition of the
term ``rural'' for purposes of section 210C of the Homeland
Security Act of 2002. The House proposed no similar provision.
Section 547. A provision proposed by the House and Senate
is continued prohibiting funds appropriated or otherwise made
available by this Act to pay for award or incentive fees for
contractors with below satisfactory performance or performance
that fails to meet the basic requirements of the contract.
Section 548. A provision proposed by the House and Senate
is included that requires the TSA Administrator to submit
biannual reports on how the agency will meet the requirement to
screen 100 percent of air cargo transportation on passenger
aircraft arriving in the United States. TSA has indicated they
will not be able to meet the 9/11 Act deadline for this subset
of air cargo.
Section 549. A provision proposed by the House and Senate
is included that requires any new processes developed to screen
aviation passengers and crews for transportation or national
security to consider privacy and civil liberties, consistent
with applicable laws, regulations, and guidance.
Section 550. A provision proposed by the Senate is
included and modified pertaining to the construction of the
National Bio- and Agro-defense Facility in Manhattan, Kansas.
The House proposed no similar provision.
Section 551. A provision proposed by the House is
included and modified that makes deposits into the Immigration
Examinations Fee Account available to United States Citizenship
and Immigration Services for the purposes of providing
immigrant integration grants of $10,000,000 in fiscal year
2012. The Senate provided funding for this activity under the
USCIS heading.
Section 552. A provision proposed by the Senate is
included and modified providing $7,500,000 for the Federal
Emergency Management Agency to reimburse costs incurred by
State and local governments affected by National Special
Security Events, including use of services, personnel,
equipment, and facilities. The House proposed no similar
provision.
Section 553. A provision proposed by the Senate is
included providing some flexibility to the Department for
financing a response to an immigration emergency, subject to
notification. The House proposed no similar provision.
Section 554. A provision proposed by the Senate is
included permitting administrative law judges to be available
temporarily to serve on an arbitration panel as needed for
cases related to Hurricanes Katrina and Rita. The House
proposed no similar provision.
Section 555. A provision proposed by the Senate is
included prohibiting funds appropriated or otherwise made
available by this Act for DHS to enter into a Federal contract
unless the contract meets requirements of the Federal Property
and Administrative Services Act of 1949 or Chapter 137 of title
10 U.S.C., and the Federal Acquisition Regulation, unless the
contract is otherwise authorized by statute without regard to
this section. The House proposed no similar provision.
Section 556. A provision proposed by the Senate is
included and modified providing $70,000,000 for data center
migration activities to be allocated by the Secretary and
allowing the Secretary to transfer data center migration funds
made available by this Act between appropriations after
notifying the Committees 15 days in advance. The House proposed
no similar provision.
Section 557. A provision proposed by the Senate is
included and made permanent allowing the Advanced Training
Center to charge fees for any service or thing of value it
provides to the Federal Government or non-government entities
or individuals, so long as the fee does not exceed the full
costs associated with the service or thing of value. The House
proposed no similar provision.
Section 558. A provision proposed by the Senate is
included relating to the sale of LORAN properties. The House
proposed no similar provision.
Section 559. A provision proposed by the Senate is
included and modified permitting the Department to sell ICE-
owned detention facilities and use the proceeds from any sale
for improvement to other facilities provided that any such sale
will not result in the maintenance of less than 34,000
detention beds. The House proposed no similar provision.
Section 560. A provision proposed by the Senate is
included providing a total of $55,979,000 for consolidation of
the new DHS headquarters at St. Elizabeths and consolidation of
mission support activities. The House proposed no similar
provision.
Section 561. A provision proposed by the House and Senate
is included for fiscal year 2012 requiring that SAFER grants
shall be used to retain firefighters, instead of only for
increasing the number of firefighters. The provision also
prohibits funds to be used to enforce certain requirements of
the Federal Fire Prevention and Control Act of 1974 related to
the program.
Section 562. A provision proposed by the Senate is
included for fiscal year 2011 requiring that Staffing for
Adequate Fire and Emergency Response (SAFER) grants shall be
used to retain firefighters, instead of only for increasing the
number of firefighters. The provision also prohibits funds to
be used to enforce certain requirements of the Federal Fire
Prevention and Control Act of 1974 related to the program. The
House proposed no similar provision.
Section 563. A provision proposed by the Senate is
included pertaining to future spills of national significance
and reimbursement for the Coast Guard. The House proposed no
similar provision.
Section 564. A provision proposed by the Senate is
included and modified to impose increased penalties on
individuals who circumvent security screening at airports. The
House proposed no similar provision.
Section 565. A provision proposed by the Senate is
included and modified related to recoupment of debts in cases
where funds were distributed based on an error made by FEMA.
The House proposed no similar provision.
Section 566. A provision proposed by the Senate is
included regarding reimbursement by FEMA of Small Business
Administration Loans for eligible hazard mitigation activity.
Execution of this authority shall not result in an individual
being reimbursed more than once for the same mitigation
activity. The House proposed no similar provision.
Section 567. A provision proposed by the House is
included and modified prohibiting availability of funds for the
Association of Community Organizations for Reform Now (ACORN)
and its affiliated organizations. The Senate proposed no
similar provision.
Section 568. A new provision is included requiring the
Commissioner of CBP and the Assistant Secretary of ICE to
submit multi-year investment and management plans for funds
executed by their respective Offices of Information Technology.
The House proposed similar provisions under the headings U.S.
Customs and Border Protection ``Automation Modernization,'' and
U.S. Immigration and Customs Enforcement ``Automation
Modernization.''
Section 569. A new provision is included stating that the
Secretary shall ensure enforcement of immigration laws.
Section 570. A provision proposed by the House and Senate
is included and modified rescinding unobligated balances made
available to the Department when it was created in 2003.
Section 571. A new provision is included rescinding
unobligated balances in multiple appropriations across the
Department, pursuant to section 505 of Public Law 112-10.
Section 572. A provision is included rescinding
unobligated balances of prior year appropriations in multiple
appropriations across the Department.
Section 573. A provision proposed by the House is
continued and modified to extend the authorization of the
National Flood Insurance Program until the earlier of the date
of the enactment into law of an Act that specifically
reauthorizes or extends the authorization of the program, or
May 31, 2012.
Provisions Not Adopted
The conference agreement does not include section 547 of
the House bill rescinding $11,300,000 in unobligated balances
from ICE, Construction.
The conference agreement does not include section 558 of
the Senate bill authorizing an increase to aviation security
passenger fees for fiscal year 2012.
The conference agreement does not include section 565 of
the Senate bill making available an additional $18,300,000
until September 30, 2014, designated as emergency and offset by
rescinding unobligated emergency balances, for Coast Guard to
replace a rotary wing airframe.
The conference agreement does not include section 570 of
the Senate bill rescinding $20,000,000 in unobligated prior
year balances from S&T ``Research, Development, Acquisitions,
and Operations.''
The conference agreement does not include section 601 of
the House bill rescinding $500,000,000 from Department of
Energy unobligated balances pursuant to section 129 of P.L.
110-329 and transfers $1,000,000,000 to FEMA Disaster Relief.
The conference agreement does not include section 701 of
the House bill prohibiting new budget authority from exceeding
budget allocation.
The conference agreement does not include section 702 of
the House bill prohibiting use of funds in contravention of
section 642(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996.
The conference agreement does not include section 703 of
the House bill prohibiting use of funds to parole an alien or
grant deferred action except on a case-by-case basis for urgent
humanitarian reasons or significant public benefit.
The conference agreement does not include section 704 of
the House bill prohibiting use of funds to require TWIC
applicants to appear at a designated enrollment center for
issuance, renewal, or activation.
The conference agreement does not include section 705 of
the House bill prohibiting use of funds unless in accordance
with Presidential Memorandum--Federal Fleet Performance (May
24, 2011).
The conference agreement does not include section 706 of
the House bill prohibiting use of funds in contravention of
section 44917 of 49 U.S.C. (pertaining to Federal Air
Marshals).
The conference agreement does not include section 707 of
the House bill prohibiting use of funds for the DHS Climate
Change Adaptation Task Force.
The conference agreement does not include section 710 of
the House bill prohibiting use of funds in contravention of
section 236(c) of the Immigration and Nationality Act.
The conference agreement does not include section 711 of
the House bill prohibiting use of funds for any political
appointee to delay, vacate, or reverse a FOIA decision by a
Privacy Office employee.
The conference agreement does not include section 712 of
the House bill prohibiting use of funds to implement a
determination regarding transportation security officers and
collective bargaining.
The conference agreement does not include section 713 of
the House bill prohibiting use of funds to implement any rule,
regulation, or executive order regarding disclosure of
political contributions.
The conference agreement does not include section 714 of
the House bill limiting TSA Aviation Security funding for
screener personnel, compensation, and benefits.
CONFERENCE RECOMMENDATIONS
The conference agreement's detailed funding
recommendations, specified by program, project, and activity
level, are contained in the table listed below.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2012
The following statement is an explanation of the effects
of Division E, which makes appropriations for the Department of
the Interior, the Environmental Protection Agency (EPA), the
Forest Service, the Indian Health Service, and related agencies
for fiscal year 2012. Language contained in House Report 112-
151 providing specific guidance to agencies regarding the
administration of appropriated funds and any corresponding
reporting requirements carries the same emphasis as the
language included in this explanatory statement and should be
complied with unless specifically addressed to the contrary
herein.
In instances where the House report speaks more broadly
to policy issues or offers views that are subject to
interpretation, such views remain those of the House and do not
reflect the views of the conferees unless otherwise repeated in
this statement. In cases where the House report or the
statement of managers directs the submission of a report, such
report is to be submitted to both the House and Senate
Committees on Appropriations. Where this explanatory statement
refers to the Committees or the Committees on Appropriations,
unless otherwise noted, this reference is to the House
Subcommittee on Interior, Environment and Related Agencies and
the Senate Subcommittee on Interior, Environment and Related
Agencies.
The conferees expect that each department and agency
funded in this Act will follow the directions set forth in this
Act and the accompanying statement, and will not reallocate
resources or reorganize activities except as provided herein or
otherwise approved by the Committees through the reprogramming
process as described in this report. Funding levels for
appropriations by account, program, and activity, with
comparisons to the fiscal year 2011 enacted level and the
fiscal year 2012 budget request, can be found in the table at
the end of this division.
Unless expressly stated otherwise, any reference to
``this Act'' or ``at the end of this statement'' shall be
treated as referring only to the provisions of this division.
Oversight--The EPA, Forest Service, and Department of the
Interior are directed to report to the Committee no later than
60 days following enactment of this Act on steps taken to
address management weaknesses and implement reforms identified
by the Government Accountability Office (GAO) and each agency's
IG during House oversight hearings held on March 1, 2011
(Department of the Interior); March 2, 2011 (EPA); and March
10, 2011 (U.S. Forest Service).
Making Litigation Costs Transparent--The EPA, Forest
Service, and Department of the Interior are directed to provide
to the House and Senate Committees on Appropriations, and make
publicly available no later than 60 days after enactment,
detailed Equal Access to Justice Act (EAJA) fee information as
specified in House Report 112-151.
Reprogramming Guidelines--The following are the
procedures governing reprogramming actions for programs and
activities funded in the Department of the Interior,
Environment and Related Agencies Appropriations Act.
Definitions.--``Reprogramming,'' as defined in these
procedures, includes the reallocation of funds from one budget
activity, budget line-item or program area, to another within
any appropriation funded in this Act. In cases where the House
Committee report displays an allocation of an appropriation
below that level, that more detailed level shall be the basis
for reprogramming.
For construction, land acquisition, and forest legacy
accounts, a reprogramming constitutes the reallocation of
funds, including unobligated balances, from one construction,
land acquisition, or forest legacy project to another such
project.
A reprogramming shall also consist of any significant
departure from the program described in the agency's budget
justifications. This includes proposed reorganizations,
especially those of significant national or regional
importance, even without a change in funding. Any change to the
organization table presented in the budget justification shall
be subject to this requirement.
General Guidelines for Reprogramming.--
(a) A reprogramming should be made only when an
unforeseen situation arises, and then only if postponement of
the project or the activity until the next appropriation year
would result in actual loss or damage.
(b) Any project or activity, which may be deferred
through reprogramming, shall not later be accomplished by means
of further reprogramming, but instead, funds should again be
sought for the deferred project or activity through the regular
appropriations process.
(c) Except under the most urgent situations,
reprogramming should not be employed to initiate new programs
or increase allocations specifically denied or limited by
Congress, or to decrease allocations specifically increased by
the Congress.
(d) Reprogramming proposals submitted to the House and
Senate Committees on Appropriations for approval shall be
considered approved 30 calendar days after receipt if the
Committees have posed no objection. However, agencies will be
expected to extend the approval deadline if specifically
requested by either Committee.
Criteria and Exceptions.--A reprogramming must be
submitted to the Committees in writing prior to implementation
if it exceeds $1,000,000 annually or results in an increase or
decrease of more than 10 percent annually in affected programs,
with the following exceptions:
(a) With regard to the tribal priority allocations of the
Bureau of Indian Affairs, there is no restriction on
reprogrammings among these programs. However, the Bureau shall
report on all reprogrammings made during a given fiscal year no
later than 60 days after the end of the fiscal year.
(b) With regard to the EPA, State and Tribal Assistance
Grants account, the Committee does not require reprogramming
requests associated with States and Tribes Partnership Grants.
Assessments.--``Assessment'' as defined in these
procedures shall refer to any charges, reserves, or holdbacks
applied to a budget activity or budget line item for costs
associated with general agency administrative costs, overhead
costs, working capital expenses, or contingencies.
(a) No assessment shall be levied against any program,
budget activity, sub-activity, budget line item, or project
funded by the Interior, Environment, and Related Agencies
Appropriations Act unless such assessment and the basis
therefore are presented to the Committees on Appropriations in
the budget justifications and are subsequently approved by the
Committees. The explanation for any assessment in the budget
justification shall show the amount of the assessment, the
activities assessed, and the purpose of the funds.
(b) Proposed changes to estimated assessments, as such
estimates were presented in annual budget justifications, shall
be submitted through the reprogramming process and shall be
subject to the same dollar and reporting criteria as any other
reprogramming.
(c) The conferees direct that each agency or bureau which
utilizes assessments shall submit an annual report to the
Committees which provides details on the use of all funds
assessed from any other budget activity, line item, sub-
activity, or project.
(d) In no case shall contingency funds or assessments be
used to finance projects and activities disapproved or limited
by Congress, or to finance programs or activities that could be
foreseen and included in the normal budget review process.
(e) New programs requested in the budget should not be
initiated before enactment of the bill without notification to,
and the approval of, the Committees on Appropriations. This
restriction applies to all such actions regardless of whether a
formal reprogramming of funds is required to begin the program.
Quarterly Reports.--All reprogrammings between budget
activities, budget line-items, program areas, or the more
detailed activity levels shown in the Statement of the
Managers, including those below the monetary thresholds
established above, shall be reported to the Committees within
60 days of the end of each quarter and shall include cumulative
totals for each budget activity, budget line item, or
construction, land acquisition, or forest legacy project.
Land Acquisitions, Easements, and Forest Legacy.--Lands
shall not be acquired for more than the approved appraised
value (as addressed in section 301(3) of Public Law 91-646),
unless such acquisitions are submitted to the Committees on
Appropriations for approval in compliance with these
procedures.
Land Exchanges.--Land exchanges, wherein the estimated
value of the Federal lands to be exchanged is greater than
$1,000,000, shall not be consummated until the Committees have
had a 30-day period in which to examine the proposed exchange.
In addition, the Committees shall be provided advance
notification of exchanges valued between $500,000 and
$1,000,000.
Budget Structure.--The budget activity or line item
structure for any agency appropriation account shall not be
altered without advance approval of the House and Senate
Committees on Appropriations.
TITLE I--DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
The bill provides $961,900,000 for Management of Lands
and Resources. The conferees also provide the following
directions:
Wild Horse and Burro Management.--The bill provides
$75,008,000 for wild horse and burro management. The Bureau of
Land Management is encouraged to take all necessary steps to
keep costs under control for this program.
Range Management.--The bill increases funding to address
numerous challenges including completion of grazing permit
renewals; hiring of seasonal employees to ensure timely turn-
out of livestock; annual and trend monitoring of grazing
allotments; and improving the quality of Bureau work on
environmental and other documents related to livestock grazing,
among other range management activities.
Native Plant Program.--The conferees are supportive of
the Bureau of Land Management's existing plant conservation and
native plant materials program and expect the Bureau to
continue to support a robust program through resources provided
under various accounts, including land management, wildlife
management and threatened/endangered species.
Wildlife and Fisheries.--Funding is included throughout
Bureau of Land Management line items for sage grouse habitat
monitoring and updating Resource Management Plans to conserve
the sage grouse. The Bureau should prioritize research related
to White Nose Syndrome in bats and the inventory and monitoring
of bat resources on Bureau-administered lands.
Energy and Minerals.--The conferees are concerned by
rising energy prices and believe domestic energy production
must increase while also being mindful of the environment and
other competing land uses. To better track royalty payments,
the Department should consider integrating systems that would
allow for remote monitoring and third party verification of
Bureau production. The conferees recommend that the Bureau of
Land Management continue its policy of keeping renewable energy
projects off lands that were donated for conservation
regardless of deed status.
Resource Protection and Maintenance.--The bill provides
$101,707,000 for resource protection and maintenance. Within
resource management planning, the Bureau should allocate at
least $5,000,000 toward revisions of the Resource Management
Plans that contain sage grouse habitat.
In coordination with the Desert Renewable Energy
Conservation Plan process, the Secretary is instructed to
complete a report evaluating the possible Solar Energy Study
Areas in the West Mojave that respect designated off-road
vehicle routes and provide the report to the Committee on
Appropriations within ninety days of enactment of this Act.
In the case of any land exchange involving public land
carried out directly or through a third-party, the Bureau of
Land Management is directed to provide written notice of the
proposed land exchange to each owner of non-Federal land
adjoining a parcel of public land proposed for exchange and
each owner of non-Federal land adjoining the non-Federal land
proposed to be acquired in the exchange. The Secretary shall
determine adjoining landowners using the most recent available
tax records.
CONSTRUCTION
The bill provides $3,576,000 for Construction of which
$2,019,000 is for line item projects. The amount provided will
fully fund construction projects as prioritized by the Bureau
pursuant to the Administration's revised request list provided
to the Committees on June 24, 2011. Requests for reprogramming
will be considered pursuant to the guidelines in the front of
this statement.
LAND ACQUISITION
The bill provides $22,380,000 for Land Acquisition, of
which $1,880,000 is for Acquisition Management; $1,500,000 is
for Inholdings, Emergencies, and Hardships; and $19,000,000 is
for Acquisitions.
This amount will fully fund projects 1 through 5 as
prioritized by the Bureau pursuant to the Administration's
revised request list provided to the Committees on June 24,
2011. Requests for reprogramming will be considered pursuant to
the guidelines in the front of this statement.
OREGON AND CALIFORNIA GRANT LANDS
The bill provides $112,043,000 for Oregon and California
Grant Lands.
RANGE IMPROVEMENTS
The bill provides $10,000,000 to be derived from public
lands receipts and Bankhead-Jones Farm Tenant Act lands grazing
receipts.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
The bill provides an indefinite appropriation estimated
to be $32,125,000 for Service Charges, Deposits, and
Forfeitures.
MISCELLANEOUS TRUST FUNDS
The bill provides an indefinite appropriation estimated
to be $19,700,000 for Miscellaneous Trust Funds.
ADMINISTRATIVE PROVISIONS
The bill includes the administrative provisions as
proposed by the conferees.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
The bill provides $1,228,142,000 for Resource Management.
The detailed allocation of funding by activity and program
element is included in the table at the end of this statement.
The conferees have assumed administrative savings proposed in
the budget request but have not provided requested funding
increases for fixed costs or general program increases. In
addition to the guidance and reporting requirements included in
the House report, as noted in the front of this joint
explanatory statement, the conference agreement includes the
following directions:
Ecosystem Initiatives.--The conferees are aware that the
budget request includes new funding for a number of regional
restoration initiatives, including the Chesapeake Bay, Gulf
Coast, Bay Delta, and the Everglades. Due to funding
limitations, the conferees are not able to include new funding
for these initiatives within the program levels below. However,
subject to reprogramming limitations, the conferees do not
object to these initiatives being funded within the levels
provided if the Service is able to identify funding offsets
from lower priority items.
Endangered Species.--The bill includes $176,237,000 for
Endangered Species. Listing and Critical Habitat is funded at
the fiscal year 2011 enacted level of $20,902,000; however, the
conferees have agreed to combine the funding for activities
within this program element in order to provide the Service
with additional flexibility to target funding to its highest
priorities. Consultation and HCPs are funded at $61,041,000, of
which $2,000,000 is for renewable energy as requested. Recovery
is funded at $82,939,000, of which $2,000,000 is for the
declining species initiative instead of the requested
$4,000,000.
The conferees direct the Service to fund white nose
syndrome research and response activities at no less than
$4,000,000 from within Recovery. Funds should be used to: (1)
increase research capacity to fund basic and applied research
to stop the spread of the disease; (2) provide funding for
States to implement response activities; and (3) increase FWS
capacity for surveillance, monitoring and coordination
activities. The conferees expect these activities to be
coordinated with other Federal partners.
The conferees direct the Service to provide $1,000,000
from within Recovery to reinstate a livestock loss
demonstration program as authorized by Public Law 111-11.
States with de-listed wolf populations shall continue to be
eligible for funding, provided that those States continue to
meet the eligibility criteria contained in Public Law 111-11.
The conferees recommend that the Service and Federal
action agencies take into account economic impacts when
formulating actions and conducting all section 7 consultations
pursuant to the Santa Ana Sucker Critical Habitat designation,
to the extent authorized under the Endangered Species Act. The
economic impacts to be considered by the Service and Federal
action agencies should include the costs of local water supply
development and imported water costs, infrastructure needs,
water conservation efforts, and efforts to increase employment
in the region affected by the Santa Ana Sucker Critical Habitat
designation.
The conferees are concerned that the Service's region 6
has a backlog of Endangered Species Act section 7 consultations
on long-term planning documents to assess grizzly bears, bull
trout and their habitats. The conferees urge the Service to
assign appropriate resources and staff, including filling any
current vacancies, to support timely completion of those
consultations.
Northern Rocky Mountain Multispecies Conservation
Agreements Initiative.--The conferees recommend that the Fish
and Wildlife Service convene a regional policy coordination and
outreach effort to improve upon and increase the use of
Endangered Species Act conservation agreements between the
agency, the States, and private landowners. Nearly two-thirds
of the nation's land is privately owned, and the Service cannot
accomplish its conservation goals without the help of private
landowners. Conservation agreements between non-Federal
landowners and the Service help to conserve listed or at-risk
species while offering a level of protection from certain
Endangered Species Act actions. The conferees recognize the
challenges that private landowners often face when confronted
with working with a Federal regulatory agency such as the
Service, and believe that the States can play a strong
intermediary role. The conferees recommend that the Service
work with the northern Rocky Mountain States and a diverse
coalition of private landowners to find innovative,
multispecies, multi-partner approaches to utilizing
conservation agreements that simplify the process for private
landowners; that empower the States to work directly with
private landowners to set up the agreements; and that recognize
the Service's final authority. The conferees request that the
States and the coalition report to the Committees with
recommendations as to how to improve upon and increase the use
of conservation agreements.
Habitat Conservation.--The bill provides $110,814,000 for
Habitat Conservation. Partners for Fish and Wildlife is funded
at $54,856,000, of which $6,000,000 is for the climate change
initiative instead of the requested $8,000,000. Conservation
Planning Assistance is funded at $35,837,000, of which
$2,000,000 is for renewable energy as requested.
In carrying out its renewable energy consultations, the
conferees direct the Service to continue coordinating with
other agencies within the Department of the Interior, as well
as with the Department of Commerce, Department of Energy, and
other Federal and State agencies, to ensure that the
investments support the further development of the renewable
energy industry, including the creation of an offshore wind
manufacturing industry and related jobs in the United States.
The conferees support the Secretary's decision to
establish an office that will be focused on Endangered Species
Act compliance for renewable energy projects. In order to
facilitate better species protection and stewardship of public
resources, the conferees expect that this office will develop
permitting policies that make it less difficult and time-
consuming to permit projects on disturbed private lands than on
pristine public lands. The conferees are aware that the Service
has begun work on a rule under section 4(d) of the Endangered
Species Act to address this concern, but the Service has not
yet released a draft. The conferees expect the Service to
publish its draft and final rules to address this issue during
fiscal year 2012. The conferees are aware that the Service is
exploring opportunities to expedite the permitting of renewable
energy projects and support efforts by the Service to establish
a pilot fee program using the Service's existing authorities.
The Service is expected to provide a report within 120 days of
enactment of this Act that details how and where the Service
plans to institute fees in fiscal year 2012 to improve program
delivery and customer service.
National Wildlife Refuge System.--The bill includes
$486,469,000 for the National Wildlife Refuge System. Wildlife
and Habitat Management is funded at $223,797,000, of which
$1,000,000 is for a pilot program to eradicate feral swine on
national wildlife refuges; and $20,000,000 is for climate
change inventory and monitoring, as requested. Conservation
Planning is funded at $11,723,000, which is an increase of
$3,440,000 above the request in order to maintain funding for
land protection planning within this program element instead of
within Land Acquisition, as was proposed.
The conferees are concerned about particular restrictions
on overnight houseboat accommodations at concessionaire-
operated marinas. In keeping with Executive Order 12866, the
conferees direct the Service to carefully consider the impact
to concessionaires of such operational changes.
The conferees are aware of local concerns regarding the
implementation of certain management activities on the Willapa
National Wildlife Refuge and direct the Service to postpone the
implementation of those sections of the Final Comprehensive
Conservation Plan and Environmental Impact Statement for the
refuge that deal with the removal of the dikes at the Porter
Point Unit, Reikkola Unit, and Lewis Unit of the refuge until
at least April 1, 2012, in order to give the Service more time
to work with stakeholders to address the concerns.
Migratory Birds, Law Enforcement and International
Conservation.--The bill includes $126,769,000 for Migratory
Birds, Law Enforcement, and International Conservation.
Migratory Bird Management is funded at $51,535,000, which
includes a decrease of $1,366,000 from the request for the
North American Waterfowl Management Plan and a general program
decrease of $1,522,000.
Fisheries and Aquatic Resource Conservation.--The bill
includes $135,534,000 for Fisheries and Aquatic Resource
Conservation. National Fish Hatchery System Operations is
funded at $46,149,000. The conferees have restored the proposed
$3,388,000 shortfall in the budget for mitigation hatchery
operations and critical supplies. An additional $3,800,000 is
appropriated elsewhere in this consolidated Act for the U.S.
Army Corps of Engineers to reimburse the Service. Together,
these amounts fully fund mitigation hatcheries operated by the
Service for the Corps, Tennessee Valley Authority, Bureau of
Reclamation's Central Utah Project and the Bonneville Power
Administration. The conferees support efforts by the Service to
recover costs of programs that are conducted to mitigate the
environmental effects of other Federal partners. However,
future budget requests must ensure that Federal partners have
committed to make sufficient funding available to reimburse the
Service before the Service proposes to eliminate funding for
mitigation hatcheries so that operations at these hatcheries
are not disrupted.
Aquatic Habitat and Species Conservation is funded at
$71,325,000. The bill includes $1,000,000 towards the
implementation of mandatory operational inspection and
decontamination stations at Federally-managed or
interjurisdictional water bodies considered to be of highest
risk, as called for in the February 2010 Quagga-Zebra Mussel
Action Plan for Western U.S. Waters. An additional $1,000,000
is included to continue and expand funding for the control and
eradication of zebra and quagga mussels and other aquatic
invasive species, including funding for State aquatic invasive
species management plans. Also included is a $2,000,000
increase above the fiscal year 2011 enacted level for Asian
carp monitoring and eradication activities.
Cooperative Landscape Conservation and Adaptive
Science.--The bill includes $32,250,000 for Cooperative
Landscape Conservation and Adaptive Science. The conferees
recognize that fish and wildlife conservation organizations are
facing increasingly complex ecological and fiscal challenges
that require resource threats to be addressed in a more
efficient and effective way. In light of these challenges, the
Service has established a network of Landscape Conservation
Cooperatives (LCCs) with other Federal, State, local and tribal
partners to better leverage conservation resources and better
prioritize and coordinate research and program delivery. The
conferees support these efforts but also expect the Service to
establish clear goals, objectives and measurable outcomes for
LCCs that can be used as benchmarks of success of the program.
Further, the conferees direct the Service to clearly articulate
how it plans to integrate its LCCs with other successful
regional partnerships, including its Joint Ventures and Fish
Habitat Partnerships programs, as well as with other Federal
and non-Federal partners, including the U.S. Geological
Survey's regional Climate Science Centers, the Cooperative Fish
and Wildlife Research Units, and the Cooperative Ecosystem
Studies Units.
Bill Language.--The bill includes language to cap
expenditures at $7,472,000 for critical habitat designations;
$1,500,000 for listing species that are indigenous to the
United States; and $1,500,000 for listing foreign species. The
bill includes language providing for fiscal year 2012 and
hereafter: $400,000 for certain law enforcement activities; and
$1,000,000 for certain environmental contaminant activities.
CONSTRUCTION
The bill includes $23,088,000 for Construction, as
requested, of which $12,149,000 is for line item projects. The
amount provided will fully fund the projects as prioritized by
the Service pursuant to the Administration's revised request
list provided to the Committees on June 24, 2011. Requests for
reprogramming will be considered pursuant to the guidelines in
the front of this statement.
LAND ACQUISITION
The bill provides $54,720,000 for Land Acquisition. The
conference agreement includes $5,000,000 for the Highlands
Conservation Act; $10,555,000 for Acquisition Management;
$2,000,000 for User Pay Cost Share; $2,500,000 for exchanges;
$4,500,000 for Inholdings, Emergencies, and Hardships; and
$30,165,000 for Acquisitions. The conferees have rejected the
proposal to transfer land protection planning funds from the
Resource Management account.
The amount provided for Acquisitions will fully fund
projects 1 through 13 as prioritized by the Service pursuant to
the Administration's revised request list provided to the
Committees on June 24, 2011. Requests for reprogramming will be
considered pursuant to the guidelines in the front of this
statement.
The Secretaries of the Interior and Agriculture are
directed to report to the Committees on Appropriations within
180 days of enactment of this Act on potential exchange
proposals for approximately 1,700 acres currently managed by
the U.S. Fish and Wildlife Service and generally depicted on a
map titled ``The Sharkey Restoration Research Site, Delta NF,''
for lands of equal or approximate value managed by the U.S.
Forest Service in Mississippi.
Bill Language.--The bill includes language allowing the
Service to fund limited administrative costs for the Highlands
Conservation Act program administration. Also included is
language providing that no funds appropriated for specific
projects may be used for overhead, planning or other management
costs.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
The bill provides $47,757,000 for the Cooperative
Endangered Species Conservation Fund. The detailed allocation
of funding by activity is included in the table at the end of
this statement.
Bill Language.--The bill includes language deriving
$22,757,000 from the Cooperative Endangered Species
Conservation Fund and $25,000,000 from the Land and Water
Conservation Fund.
NATIONAL WILDLIFE REFUGE FUND
The bill provides $13,980,000 for payments to counties
authorized by the National Wildlife Refuge Fund.
NORTH AMERICAN WETLANDS CONSERVATION FUND
The bill provides $35,554,000 for the North American
Wetlands Conservation Fund.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
The bill provides $3,792,000 for Neotropical Migratory
Bird Conservation.
MULTINATIONAL SPECIES CONSERVATION FUND
The bill provides $9,481,000 for the Multinational
Species Conservation Fund. The detailed allocation of funding
by activity is included in the table at the end of this
statement.
STATE AND TRIBAL WILDLIFE GRANTS
The bill provides $61,421,000 for State and Tribal
Wildlife Grants, of which $51,405,000 is for State formula
grants, $5,741,000 is for State competitive grants, and
$4,275,000 is for tribal competitive grants. The Service is
directed to report to the Committees within 90 days of
enactment of this Act on the amounts of unobligated and
reapportioned funds, by State and Territory, for fiscal years
2008, 2009, and 2010. The conferees encourage the Service and
the program partners to complete the Wildlife TRACS database so
that the program can better demonstrate its ability to prevent
at-risk species from having to be listed under the Endangered
Species Act.
Bill Language.--The bill includes language requiring a 25
percent non-Federal cost share for planning grants and a 35
percent non-Federal cost share for implementation grants. Bill
language is included allowing unobligated balances to be
reapportioned.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
The bill provides $2,240,152,000 for the Operation of the
National Park System account.
Civil War Sesquicentennial.--In observances marking the
150th anniversary of the Civil War, the Service is urged to
recognize the historic, social, legal, racial, cultural and
political forces that caused the Civil War and influenced its
course and outcomes.
Technical Assistance.--The Service is encouraged to
support the effort of NPS retirees to provide volunteer
technical assistance to national parks in other countries.
Historic Leases.--The Service is encouraged to pursue the
use of cost-effective, innovative solutions like historic
leases when practical and when the arrangement comports with a
park unit's enabling legislation.
Flight 93 Memorial.--The conferees remain firmly
committed to the timely completion of the Flight 93 Memorial
and direct the Service to devote the resources necessary to
properly archive, maintain, and preserve the invaluable
collections, including 50,000 personal tributes and 2,000 hours
of audio interviews, associated with this memorial.
National Capitol Area Performing Arts Program.--The
conferees direct the Service to maintain funding for the
National Capital Area Performing Arts Program and have included
$612,000 for the summer concert series staged on the U.S.
Capitol grounds.
Cuyahoga Valley National Park.--The Service is encouraged
to continue its work with surrounding communities to support
the local road systems and establish maintenance priorities.
Statue of Liberty and Martin Luther King, Jr. Memorial
and Visitor Center.--The conferees have provided an increase of
$1,100,000 as requested within Park Protection for additional
Park Police protection at the Statue of Liberty and Martin
Luther King, Jr. Memorial.
Sequoia National Park.--The conference agreement does not
include report language contained in the House report nor bill
language proposed by the Senate directing the Department of the
Interior to report on the methodology used in calculating
hydropower fees on National Park Service lands. The conferees
understand that this issue has been settled and the need for
the report no longer exists.
Delaware Water Gap National Recreation Area and Middle
Delaware National Scenic and Recreational River, Appalachian
National Scenic Trail.--The conferees are concerned about
delays in completing an Environmental Impact Statement (EIS)
announced by the National Park Service and the Department of
the Interior regarding improvement of electric transmission
lines partially lying within the boundaries of the Delaware
Water Gap National Recreation Area. The National Park Service
and the Department are directed to adhere to the previously
announced schedule and publish a final Record of Decision (ROD)
by October of 2012.
Historic Properties.--The conferees are concerned that a
proposal to remove the Fresnel lens currently installed at the
Block Island Southeast Lighthouse in Rhode Island will have an
adverse impact on this historic property. As such, the
conferees direct the Service to report to and consult with the
Committees on Appropriations prior to facilitating the transfer
of the lens or accepting the lens for display at any unit
within the System.
Point Reyes National Seashore.--The conferees are aware
that the Service will shortly be issuing a Draft Environmental
Impact Statement (DEIS) regarding a possible 10-year extension
for oyster operations at Point Reyes National Seashore. Because
of concerns relating to the validity of the science underlying
the DEIS, the conferees direct the National Academy of Sciences
to assess the data, analysis, and conclusions in the DEIS in
order to ensure there is a solid scientific foundation for the
Final Environmental Impact Statement expected in mid-2012.
NATIONAL RECREATION AND PRESERVATION
The bill provides $59,975,000 for the National Recreation
and Preservation account with the following specific directive:
Heritage Partnership Program.--The bill provides an
increase of $8,408,000 above the request to maintain funding at
the fiscal year 2011 enacted level.
HISTORIC PRESERVATION FUND
The bill provides $56,000,000 for the Historic
Preservation Fund account with the following specific
directive:
State and Tribal Historic Preservation Offices.--The bill
provides $47,000,000 for State Historic Preservation Offices
and $9,000,000 for Tribal Historic Preservation Offices.
CONSTRUCTION
(INCLUDING RESCISSION OF FUNDS)
The bill provides $159,621,000 for the Construction
account.
Line Item Construction. The bill provides $77,847,000 in
funding for line item construction projects. The amount
provided will fully fund NPS construction projects as
prioritized by the Service pursuant to the Administration's
revised request list provided to the Committees on June 24,
2011. Requests for reprogramming will be considered pursuant to
the guidelines in the front of this statement.
Washington Monument Stabilization and Repair, National
Capital Region.--The bill provides a total of $7,500,000 for
the stabilization and repair of the Washington Monument. The
conferees understand these funds will be matched on a 1:1 basis
by a private citizen. The conferees have also included language
allowing the National Park Service to enter into a single
procurement for repairs to the Washington Monument.
Special Resource Studies.--The conferees urge the Service
to complete previously authorized studies before initiating any
new studies.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The bill rescinds $30,000,000, as in previous years, in
annual contract authority. There are no plans to use this
authority in fiscal year 2012.
LAND ACQUISITION AND STATE ASSISTANCE
The bill provides $102,060,000 for Land Acquisition and
State Assistance, of which $9,000,000 is for the American
Battlefield Protection Program; $9,500,000 is for Acquisition
Management; $5,000,000 is for Inholdings and Exchanges;
$3,000,000 is for Emergencies and Hardships; and $30,560,000 is
for Federal Acquisitions. The State Assistance Grant Program is
funded at $45,000,000, of which $2,794,000 is for
Administrative Expenses.
The amount provided for Federal Acquisitions will fully
fund the first two projects as prioritized by the Service
pursuant to the Administration's revised request list provided
to the Committees on June 24, 2011. Requests for reprogramming
will be considered pursuant to the guidelines in the front of
this statement.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
The bill provides $1,069,744,000 for Surveys,
Investigations, and Research of the U.S. Geological Survey. The
detailed allocation of funding by activity and sub-activity is
included in the table at the end of this statement and comports
with the requested budget structure realignment. Unless
otherwise indicated below, the conferees have accepted the
proposals for reductions resulting from Department-wide
efficiencies, administrative savings, and Enterprise Publishing
Network savings. A decrease of $2,172,000 to the request has
been assumed to reflect changes in the final fiscal year 2011
operating plan, which was not available at the time the request
was submitted. Support for ecosystem restoration activities
throughout the Survey's programs is maintained at the fiscal
year 2011 enacted level. Additional changes to the request are
specified below.
Ecosystems.--The bill provides $161,536,000 for
Ecosystems activities. Increases above the enacted level
include $1,500,000 for The Chesapeake Bay Executive Order and
$2,500,000 for the Great Lakes Asian Carp Control Framework.
The conferees support the President's budget proposal to
conduct an in-depth analysis of the extent and sources of
endocrine disrupting chemicals impacting fish and wildlife in
the Chesapeake basin.
Climate and Land Use Change.--The bill provides
$144,320,000 for Climate and Land Use Change programs. Within
Climate Variability, changes to the request include decreases
of $2,000,000 from Research and Development, and $6,460,000
from Science Support for DOI Bureaus. Carbon Sequestration is
funded at $9,000,000.
Within Land Use Change, an increase of $11,500,000 is
provided to complete funding for Landsat 8 ground operations
development. The conferees have not agreed with the proposal to
create a separate ``Land Imaging'' account and have instead
maintained funding for all satellite operations within this
subactivity. Estimated administrative savings assumed in the
proposed new account have been assumed within the Land Use
Change account instead.
The conferees have not agreed to transfer budgetary
authority for the launch of Landsat satellites 9 and 10 from
the National Aeronautics and Space Administration to the
Survey. Of the requested $48,000,000 increase for its
implementation, the conferees have provided $2,000,000 for
program development only. The conferees note that future
requests for the project are estimated by the Administration to
escalate to over $400,000,000 by fiscal year 2014. There is
little doubt that resources will not be available within the
Interior Appropriations bill to support these very large
increases without decimating all other Survey programs. The
conferees note that the launch of Landsat 9 is not scheduled
until 2018. This allows time in the year ahead for all
interested parties to re-examine how to proceed with future
Landsat missions. In the conferees' view this would be a
prudent step, inasmuch as the current budget proposal is based
on a report from the Office of Science and Technology Policy
issued in 2008, and both technological advances and a vastly
different economic environment may point to other, less costly,
options for obtaining Landsat data.
Energy, Minerals, and Environmental Health.--The bill
provides $96,368,000 for Energy, Minerals, and Environmental
Health. The following amounts have been restored to ongoing
programs that were proposed to be reduced in the request:
$250,000 for the Minerals External Research Program; $5,000,000
for Minerals Resources; $1,000,000 for Energy Resources;
$500,000 for Contaminants; and $2,500,000 for Toxic Substances
Hydrology. An increase of $1,000,000 is provided for the New
Energy Frontier initiative.
Natural Hazards.--The bill provides $134,696,000 for
Natural Hazards. The conferees have not agreed to proposed
reductions in the request and have restored funds to the
following programs: $2,000,000 for Earthquake Grants;
$1,800,000 for the 2012 Multi-Hazards Initiative; and
$1,500,000 for the National Volcano Early Warning System.
Decreases from the request include $800,000 from the 2011
Multi-Hazards Initiative, and $3,000,000 from Coastal and
Marine Spatial Planning.
Water Resources.--The bill provides $214,996,000 for
Water Resources. Funding has been restored for the following
programs that were proposed to be reduced in the request:
$2,000,000 for Groundwater Resources; $6,049,000 for the
National Water Quality Assessment Program; $1,963,000 for the
Cooperative Water Program; and $6,500,000 for the Water
Resources Research Act Program. A program increase of
$2,846,000 above the request is provided for the National
Streamflow Information Program. Decreases from the request
include $2,500,000 from the WaterSMART initiative within
Hydrologic Networks and Analysis. The conferees encourage the
Survey to include with its fiscal year 2013 budget request a
proposal to establish a national groundwater monitoring network
as authorized by the Secure Water Act.
Core Science Systems.--The bill provides $106,849,000 for
Core Science Systems. Increases to the request include $998,000
for the National Geological and Geophysical Data Preservation
Program to continue funding at the current year enacted level,
and $1,500,000 for National Cooperative Geologic Mapping
Federal and State Partnerships to partially restore the
proposed reduction to that program. Decreases from the request
include $500,000 from WaterSMART.
Administration and Enterprise Information.--The bill
provides $110,397,000 for Administration and Enterprise
Information. There is a decrease from the request of $5,920,000
for separation costs. This amount is significantly below what
the Survey would need to implement its proposed reduction in
force. If a similar plan is put forward in future budget
requests, the conferees expect that sufficient funds will be
requested for its implementation.
Facilities.--The bill provides $100,582,000 for
Facilities. The conferees do not agree with the
administration's proposal to create a separate ``Construction''
line item within the budget and consequently have maintained
those funds within the ``Deferred Maintenance and Capital
Improvement'' subactivity. In the conferees' view, the Survey
has the authorities it requires to manage its facilities and
space requirements within the current structure.
BUREAU OF OCEAN ENERGY MANAGEMENT
OCEAN ENERGY MANAGEMENT
The bill provides $59,792,000 for Ocean Energy Management
to be partially offset with the collection of offsetting rental
receipts and cost recovery fees totaling $101,082,000. This new
account funds the activities of the Bureau of Ocean Energy
Management, including leasing, environmental studies, economic
analysis and the Renewable Energy Program. The conferees also
provide the following directions:
Renewable Energy.--The bill provides $22,697,000 for
renewable energy leasing activities, including program
development, environmental analysis, consultation with Federal,
State, and local stakeholders, and development of a
multipurpose marine cadastre. The Director should work with the
Secretary of Energy and States to exchange information about
the development of new technology related to the structural
material, environmental, and design safety criteria, as well as
design and performance standards, of transitional depth and
floating wind turbines. The Bureau is expected to continue
working with coastal States and other stakeholders to study new
wind energy areas, including in shallow, transitional, and deep
(over 200 feet) waters.
Conventional Energy.--The bill provides $47,283,000 for
conventional oil and gas leasing activities, including planning
of the Five-year Oil and Gas Leasing Program, surveying Outer
Continental Shelf boundaries, implementing the lease sale
process, administering leases, and reviewing exploration and
development plans.
Environmental Assessment--The bill provides $62,041,000
for environmental assessment activities.
The Bureau is encouraged to continue its efforts in
working with partners to collect information about methane
hydrates on the sea floor and the relationships between gas
hydrates and episodes of sediment instability that may pose a
threat to the petroleum industry's infrastructure and safety of
operations.
Bill Language.--The bill includes in Title IV a general
provision that amends Sec. 328 of the Clean Air Act (42 U.S.C.
7627(a)(1)) to transfer air quality permitting authority, as of
the date of enactment of this Act, from the Environmental
Protection Agency to the Department of the Interior, giving
regulatory parity for the Beaufort and Chukchi Sea planning
areas with the Western and Central Gulf of Mexico planning
areas. Paragraph (c) ensures that this change in the issuance
and administration of air quality requirements will not
invalidate or stay any permit, or proceeding related thereto,
which is existing or pending as of the date of enactment of
this Act.
BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT
OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT
The bill provides $61,473,000 for Offshore Safety and
Environmental Enforcement to be partially offset with the
collection of offsetting rental receipts, cost recovery fees
and inspection fees totaling $121,081,000. The conferees also
provide the following directions:
Funding has been increased with the expectation that
much-needed inspectors and engineers will be hired and that
permits will be processed expeditiously. The highest priority
for BSEE with the funding appropriated is ensuring safety and
prompt consideration of permits. Appropriated dollars should
not be used for expanding regulation of non-lease holders, with
the exception of those involved in the Deepwater Horizon
accident, unless approved through reprogramming pursuant to the
guidelines in the front of this statement.
Environmental Enforcement.--The bill provides $4,110,000
for environmental enforcement actions, as requested. Activities
include environmental compliance activities related to issuing
permits associated with plans, inspections of environmental
measures and enforcement of incidences of noncompliance, and
monitoring industry compliance with mitigation and other
environmental requirements through office and field
inspections. With the additional resources provided,
applications for permits to drill should be processed with all
due speed.
Operations, Safety, and Regulation.--The bill provides
$132,139,000 for operations, safety, and regulation.
Inspection Fees.--The bill includes in Title IV a general
provision that provides for the collection of $62,000,000 in
inspection fees.
Bill Language.--The bill includes new language requiring
that at least fifty percent of collected inspection fees are
dedicated to mission related costs including the review of
applications for permits to drill.
The report requested in House Report 112-151 on Deepwater
Horizon recommendations is no longer required.
OIL SPILL RESEARCH
The bill provides $14,923,000 for Oil Spill Research.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
REGULATION AND TECHNOLOGY
The bill provides $122,950,000 for Regulation and
Technology. Within this amount, the bill funds regulatory
grants at $68,700,000, equal to the fiscal year 2011 enacted
level. The conferees find the proposal to reduce regulatory
grants would undermine the State-based regulatory system. It is
imperative that States continue to operate protective
regulatory programs as delegation of authority to the States is
the cornerstone of the surface mining regulatory program.
Further, the conference agreement does not provide funds to
expand and enhance Federal oversight activities of State
programs.
On October 26, 2011 the Secretary of the Interior issued
an order to consolidate the Office of Surface Mining (OSM)
within the Bureau of Land Management (BLM). The conferees are
deeply concerned about the lack of coordination and
consultation prior to the issuance of this order. Subsequently,
the Department of the Interior initiated discussions with
employees, Members of Congress, and stakeholders. Significant
issues have been identified with this proposed reorganization,
including questions of the wisdom of attempting to combine
statutorily created agencies that have responsibilities in law
that cannot be combined with or transferred to another agency.
The conferees are aware that on November 28, 2011, the
Secretary suspended the effective date of his directive in
order to gather further information on this potential
restructuring. The conferees expect the Department to enhance
its consultation and coordination with employees, Members of
Congress and stakeholders on this matter and to consult with
the appropriate committees of jurisdiction before any final
decisions are made.
ABANDONED MINE RECLAMATION FUND
The bill provides $27,443,000 for the Abandoned Mine
Reclamation Fund.
BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN EDUCATION
Operation of Indian Programs
(INCLUDING TRANSFER OF FUNDS)
The bill provides $2,371,532,000 for the Operation of
Indian Programs. The detailed allocation of funding by program
area and activity is included in the table at the end of the
statement. Specific changes to the request and direction are
the following:
Tribal Government.--The bill provides $520,163,000 for
Tribal Government. Contract Support Costs are funded at the
fiscal year 2011 enacted level of $219,560,000. Small and Needy
Tribes are funded at $1,950,000.
Human Services.--The bill provides $136,579,000 for Human
Services. Social Services are funded at $34,379,000.
Trust--Natural Resources Management.--The bill provides
$157,496,000 for Trust--Natural Resources Management. Rights
Protection Implementation is funded at $29,022,000, and the
Tribal Management/Development Program is funded at $7,717,000;
increases to the fiscal year 2011 enacted level should be
distributed proportionally across all program elements within
these two subactivities. Forestry is funded at $43,644,000.
Water Resources is funded at $10,150,000. Fish, Wildlife, and
Parks is funded at $11,340,000.
Trust--Real Estate Services.--The bill provides
$126,963,000 for Trust--Real Estate Services. Trust Services--
General is funded at $11,000,000. The increase above the
request is for continued implementation of the Klamath Basin
Restoration Agreement.
Education.--The bill provides $796,753,000 for Education.
Elementary and Secondary Programs (Forward Funded) are funded
at $523,083,000, of which $391,333,000 is for ISEP Formula
Funds; $5,286,000 is for ISEP Program Adjustments; $12,051,000
is for Education Program Enhancements; $52,716,000 is for
Student Transportation; $15,370,000 is for Early Childhood
Development; and $46,327,000 is for Administrative Cost Grants.
Post-Secondary Programs (Forward Funded) are funded at
$67,401,000. Post-Secondary Programs are funded at $61,533,000,
of which $18,527,000 is for Haskell and SIPI--an increase of
$1,153,000 over the request that is to be divided
proportionally between the two schools.
Public Safety and Justice.--The bill provides
$346,778,000 for Public Safety and Justice, an increase of
$12,688,000 above the fiscal year 2011 enacted level. Law
Enforcement is funded at $322,460,000, of which $185,315,000 is
for Criminal Investigations and Police Services; and
$81,941,000 is for Detention/Corrections. The requested
increase for Conservation Law Enforcement is not agreed to.
Indian Employment, Training and Related Services.--The
bill does not include section 430 of the House bill pertaining
to Indian employment, training, and related services pursuant
to Public Law 102-477. This provision was intended to block the
Administration from continuing with new, unauthorized and
retroactive policies which run counter to how ``477'' funds
have been transferred to tribal governments and how funds have
been audited since the program's inception 19 years ago. The
conferees have dropped this provision in order to give the
Administration time to honor its recent commitments to suspend
new policies while working with Tribes to find alternative
solutions.
The conferees understand that recent Administration
commitments to the Tribes and the Congress include but are not
limited to the following: that it has engaged the Tribes in a
new consultative process to address agency and tribal concerns;
that it has halted any effort to alter the manner and
conditions under which ``477'' funds have historically been
transferred to Tribes; that it has indefinitely suspended its
2009 supplemental audit requirements for any ``477'' program
audits, covering fiscal years 2009 through 2012, that were not
completed on or before September 30, 2011; and that annual
``477'' program audits will continue to comply with the Single
Audit Act of 1984.
The conferees expect the Administration to consult with
Tribes on a government-to-government basis, and to only proceed
with improvements that reflect general consensus among the
impacted Tribes and agencies. The P.L. 102-477 Tribal Work
Group shall be consulted on the precise content of all guidance
documents and similar issuances prior to their finalization.
The House and Senate Appropriations Committees will be closely
monitoring the progress of the consultation process, and will
expect regular updates from the Administration. If issues
concerning the transfer and audit of ``477'' funds are not
permanently resolved administratively, the Committees intend to
address this issue in the fiscal year 2013 process.
Other Matters.--The conferees are aware of a lack of
local support for two recent off-reservation gaming projects in
Yuba, California, and Madera, California, which received
Secretarial Determinations on September 1, 2010. The
evidentiary record provided by the Bureau of Indian Affairs
indicates that only two of the 33 elected officials or bodies
that were consulted on these projects expressed support for
them. The conferees are also concerned that in one case, the
Department appears to have largely ignored a popular vote which
indicated a majority of the county was opposed to the
construction of a casino on the site which was approved by the
Department. Therefore, the conferees direct the Secretary to
review these applications to verify the claim of ``strong local
support'' and report those findings to the Committees within 60
days of enactment of this Act.
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
The bill provides $123,828,000 for Construction. The
detailed allocation of funding by program area and activity is
included in the table at the end of the statement. Specific
changes to the request are the following:
Education.--The bill provides $70,940,000 for Education.
Replacement Schools are funded at $17,836,000, which funds the
next school on the 2004 priority list. Facilities Improvement
and Repair is funded at $48,669,000.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
The bill provides $32,855,000 for Indian Land and Water
Claim Settlements and Miscellaneous Payments to Indians, as
requested. The detailed allocation of funding by subactivity
and program element is included in the table at the end of the
statement.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
The bill provides $7,114,000 for the Indian Guaranteed
Loan Program Account, an increase of $4,000,000 above the
request. The conferees are aware that there is strong interest
among tribally owned construction contractors to have the
Bureau of Indian Affairs offer supplemental surety bond
guarantees in an effort to increase economic opportunity in
Indian county, particularly in the construction trades. In an
effort to begin to respond to this interest, the conferees
request that the Bureau present a plan within 90 days of
enactment of this Act detailing the need for such supplemental
surety bond guarantees, how the Bureau would implement such a
program, whether or not the Bureau currently has the personnel
to implement such authorities, and an analysis of how much
additional activity would be generated through the offering of
supplemental surety bond guarantees.
DEPARTMENTAL OFFICES
Office of the Secretary
DEPARTMENTAL OPERATIONS
The bill provides $262,317,000 for Departmental Offices,
Office of the Secretary, Departmental Operations.
The bill includes the proposed restructuring of
Departmental Offices, reflecting the incorporation of the
Office of Natural Resources Revenue (ONRR) and alignment of the
budget with the Department's organization. The increase over
the fiscal year 2011 enacted level reflects the move of the
ONRR from the former Minerals Management Service. The conferees
direct the Department to continue providing the Committees with
the level of budget detail that has historically been provided
(at the office level). Further, the Department is directed to
provide to the Committees within 120 days of enactment of this
Act a report on the organization, funding, staffing, and status
of reforms with the ONRR.
The conferees direct the Department to work
collaboratively with interested parties, including the
Congress, States, local communities, Tribal governments and
others in making national monument designations.
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
The bill provides $87,997,000 for Assistance to
Territories. Within that amount, the bill provides the
requested increase for staffing, which shall be used by the
Department to fill positions at current Office of Insular
Affairs locations rather than at a new location as proposed in
the request. At least one of the positions shall be dedicated
to working on Compact impact issues as detailed below. Within
the resources provided, the conferees urge the Secretary to
fill the current staffing vacancy in the Federated States of
Micronesia.
The bill includes $3,000,000 for insular community
infrastructure improvements including $791,000 for water
infrastructure projects and $2,209,000 for the Empowering
Insular Communities initiative. That amount includes the
proposed funding levels for Guam infrastructure and $1,089,000
for sustainable energy strategies projects that will reduce the
islands' over-dependence on imported oil and high electricity
prices. Projects shall be chosen based on plans specific to
each jurisdiction and which are developed and approved in
conjunction with the Department of Energy and island
stakeholders, with priority given to energy efficiency projects
that result in immediate energy savings. The Department is
directed to report annually to Congress on the status of
activities funded under this program, including data on oil
savings and utility rates.
The bill also provides $5,000,000 to fund discretionary
grants to jurisdictions that are affected by Compact migration,
as authorized by section 104(e) of Public Law 108-188. The
Department shall allocate these grants in conjunction with
other currently authorized mandatory grants to help offset
educational costs incurred by these jurisdictions. The
Department is directed to follow the guidance detailed in
Senate Report 112-74 related to the Compact of Free Association
agreements with the governments of the Federated States of
Micronesia [FSM], the Republic of the Marshall Islands [RMI],
and the Republic of Palau. The Department shall also meet
regularly with officials from the Freely Associated States,
other Federal agencies and affected jurisdictions, and develop
and implement a comprehensive plan to mitigate the costs of
Compact migration within 90 days of enactment of this Act. This
plan shall establish specific goals and action items that
include: (1) expanding the education of migrants and potential
migrants in order to reinforce that the primary purpose of the
Compact migration benefit is to provide educational and
employment opportunities to FAS citizens, not for migrants to
develop an over-reliance on public services; (2) improving FAS
capacity to provide dialysis and other medical services to
prevent citizens from needing to seek treatment abroad; and (3)
improving screening procedures to identify and restrict
migration of individuals who have communicable diseases or who
have been convicted of serious crimes. The Department is
directed to monitor the progress of meeting these goals and
action items and report to Congress every 6 months. The
Department is also directed to ensure that the new position
dedicated to Compact impact issues will work closely with
officials of Compact nations, other Federal areas and affected
areas to implement Compact impact priorities identified in the
plan detailed above.
The conferees urge the Department to continue funding for
the Commonwealth of the Northern Marianas Islands Initiative on
Labor, Immigration and Law Enforcement at no less than the
enacted level.
COMPACT OF FREE ASSOCIATION
The bill provides $17,318,000 which includes $3,318,000
for obligations related to the Compact of Free Association. The
conferees have also included language in the Title I general
provisions section to extend the eligibility for the Republic
of Palau to receive Federal aid while a new Compact of Free
Association is enacted by Congress. The amount provided is
equal to the fiscal year 2011 appropriation.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
The bill does not include the requested language that
would provide the Secretary with new authority to redistribute
capital improvement funds in fiscal year 2012. The conferees
are similarly focused on the slow spending rates in the
territories and urge all territories to increase expenditure of
previously awarded funds. The conferees intend to revisit the
issue in fiscal year 2013 if expenditure rates have not
substantially increased.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
The bill provides $66,296,000 for the Office of the
Solicitor, including the requested increase for the
Department's ethics office.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
The bill provides $49,471,000 for the Office of Inspector
General. The detailed allocation of funding by program and
activity is included in the table at the end of the statement.
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
Federal Trust Programs
(INCLUDING TRANSFER OF FUNDS)
The bill provides $152,319,000 for the Office of the
Special Trustee for American Indians, as requested.
Bill Language.--The bill includes language, as in
previous years, limiting the amount of funding that can be used
for historical accounting.
DEPARTMENT-WIDE PROGRAMS
Wildland Fire Management
(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)
The bill provides $566,495,000 for Department of the
Interior Wildland Fire Management. The Department is directed
to use $189,577,000 in carryover emergency fire suppression
funds before obligating fiscal year 2012 suppression funds. The
bill includes a rescission of $82,000,000 in suppression carry-
over funds. The amount provided, combined with $92,000,000 in
the FLAME Wildfire Suppression Reserve Fund, fully funds the
Department's 10-year average expenditure for fire suppression.
The bill also terminates the Rural Fire Assistance program. The
detailed allocation of funding for these accounts is included
in the table at the end of this statement. The conferees also
provide the following directions:
The Department is directed to complete an assessment of
all Department Wildland Fire programs to determine the most
cost effective and efficient means of providing comprehensive
fire management services in support of Department and bureau
missions and to better direct scarce resources from duplicative
administrative management organizations. As provided in the
House Report, the Department is directed to report to the
Committees on Appropriations no later than 180 days after
enactment of this Act.
The Department is directed to remove the requirement that
ninety percent of hazardous fuels funding be spent in the
Wildland Urban Interface and instead the conferees direct
hazardous fuels funding be spent on the highest priority
projects in the highest priority areas. The Department must
also work more closely with the Forest Service in developing a
strategy for the replacement of the current air tanker fleet.
To reduce the cost of fighting fires in Alaska caused by
transporting crews from the continental United States, the
Office of Wildland Fire Coordination and the Bureau of Land
Management are strongly encouraged to develop a program to
train crews in Alaska, particularly the existing native crews
that might not now be qualified as type I or type II wildland
firefighting crews.
FLAME WILDFIRE SUPPRESSION RESERVE FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $92,000,000 for the FLAME Wildfire
Suppression Reserve Fund.
CENTRAL HAZARDOUS MATERIALS FUND
The bill provides $10,149,000 for the Central Hazardous
Materials Fund.
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
The bill provides $6,263,000 for the Natural Resource
Damage Assessment Fund. The detailed allocation of funding by
activity is included in the table at the end of this statement.
The conferees are aware that the program is conducting an
internal review of the status of restoration funds and options
for enhanced implementation of restoration projects. The
conferees direct the program to report back to the Committees
upon completion of this review.
WORKING CAPITAL FUND
The bill provides $62,019,000 for the Department of the
Interior, Working Capital Fund. The conferees have included
$52,019,000 for the Financial and Business Management System
(FBMS). The bill also provides $5,000,000 as requested to
support the Department's ongoing IT transformation. Further,
the bill provides $2,500,000 for the Department's effort to
identify operating efficiencies and achieve savings across
bureaus through consolidation of services, facilities, and
infrastructure. Lastly, the bill provides $2,500,000 for
training, recruitment, retention, and hiring of the acquisition
workforce.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
(INCLUDING TRANSFERS OF FUNDS)
The conferees have included various legislative
provisions affecting the Department in Title I of the bill,
``General Provisions, Department of the Interior''. Several of
these provisions have been carried in previous years and others
are newly proposed this year. The provisions are:
Section 101 provides Secretarial authority for the intra-
bureau transfer of program funds for expenditures in cases of
emergencies when all other emergency funds are exhausted.
Section 102 provides for the Department-wide expenditure
or transfer of funds by the Secretary in the event of actual or
potential emergencies including forest fires, range fires,
earthquakes, floods, volcanic eruptions, storms, oil spills,
grasshopper and Mormon cricket outbreaks, and surface mine
reclamation emergencies.
Section 103 provides for the use of appropriated funds by
the Secretary for contracts, rental cars and aircraft,
telephone expenses, and other certain services.
Section 104 provides for the transfer of funds from the
Bureau of Indian Affairs or the Office of Special Trustee for
American Indians.
Section 105 permits the redistribution of tribal priority
allocation and tribal base funds to alleviate funding
inequities.
Section 106 permits the Secretary to pay private attorney
fees for employees and former employees in connection with
Cobell v. Salazar.
Section 107 provides authority to the National Park
Service to implement modifications to restoration efforts of
the Everglades ecosystem.
Section 108 authorizes the acquisition of lands for the
purpose of operating and maintaining facilities that support
visitors to Ellis, Governors, and Liberty Islands.
Section 109 establishes Outer Continental Shelf
inspection fees to be collected by the Secretary of the
Interior.
Section 110 authorizes the Bureau of Land Management to
establish an oil and gas Internet leasing program.
Section 111 extends the authority of the Department to
hire Indian probate judges.
Section 112 authorizes the Secretary of the Interior to
implement the reorganization of the Bureau of Ocean Energy
Management, Regulation and Enforcement in conformance with
Committee reprogramming guidelines.
Section 113 allows the Bureau of Indian Education to
utilize funds recovered from grants or ISDA contracts to Tribes
upon re-assumption of school operations by the Bureau.
Section 114 provides the Secretary of the Interior with
authority to enter into multi-year cooperative agreements with
non-profit organizations for long-term care of wild horses and
burros.
Section 115 provides the Secretary of the Interior
statutory authority to enter into rental or lease agreements
that benefit Bureau of Indian Education operated schools.
Section 116 extends for one year existing authority of
the Department of the Interior to efficiently manage
construction and land acquisition projects.
Section 117 addresses the U.S. Fish and Wildlife
Service's responsibilities for mass marking of salmonid stocks.
Section 118 directs the Secretary of the Interior to make
certain certifications with respect to existing rights of way.
The section also retains a provision limiting funding for a
proposal to approve specified rights-of-way on the Mojave
National Preserve or lands managed by the Needles Field Office
of the Bureau of Land Management.
Section 119 address a matter of jurisdiction between the
National Park Service and the Coast Guard relating to boater
safety checks on the Yukon River within the Yukon-Charley
National Preserve.
Section 120 extends authorization for certain payments to
the Republic of Palau for fiscal year 2012.
Section 121 provides the Secretary of the Interior
certain hiring authorities.
Section 122 addresses BLM actions regarding grazing on
public lands.
Section 123 provides for the trailing of livestock across
public lands through fiscal year 2013.
Section 124 allows the Department of the Interior to
lease certain lands within Fort Pulaski National Monument.
Section 125 continues a provision prohibiting funds to
implement, administer, or enforce Secretarial Order 3310 issued
by the Secretary of the Interior on December 22, 2010.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Budget Restructuring.--The conferees note that the Agency
has proposed major changes to its budget structure in order to
better align program goals and outcomes. The conferees have
accepted the proposed budget restructuring, as reflected in the
program levels below.
Congressional Budget Justification.--In addition to the
three directives provided in the fiscal year 2010 House report
111-80, the conferees direct the Agency to include in future
Justifications: a comprehensive, detailed explanation of all
changes within a program project; a table showing
consolidations, realignments or other transfers of resources
and personnel from one program project to another such that the
outgoing and receiving program projects offset and clearly
illustrate a transfer of resources; and, a table listing the
budgets and FTE by major office within each National Program
Management area with pay/non-pay breakouts. The conferees note
that the Congressional Justification includes the bill language
for each account. The conferees direct the Agency to highlight
and explain any changes to the proposed bill language in the
Congressional Justification.
Reprogramming.--The Agency is held to the reprogramming
limitation of $1,000,000 and should continue to follow the
reprogramming directives as provided in the fiscal year 2010
House report 111-80. Further, the Agency may not use any amount
of deobligated funds to initiate a new program, office, or
initiative, without the prior approval of the Committees. The
conferees note that the Agency's reprogramming procedures allow
the Agency to seek funding to implement its highest-priority
items if it identifies offsetting funding reductions during the
fiscal year, provided those offsets are not taken from program
increases that have specifically been provided herein.
Within 30 days of enactment of this Act, the Agency is
directed to submit to the House and Senate Committees on
Appropriations its annual operating plan for FY 2012, which
shall include detail on how the Agency plans to allocate funds
at the program project level.
SCIENCE AND TECHNOLOGY
The bill provides $795,000,000 for Science and Technology
programs and transfers $23,016,000 from the Hazardous Substance
Superfund account to this account. The bill provides the
following specific funding levels and direction:
Clean Air and Climate.--The bill provides $124,576,000
which includes a $1,000,000 increase for the fuel standards
program.
Operations and Administration.--The bill provides
$72,137,000 for Operations and Administration.
Research: Air, Climate, and Energy.--The bill provides
$99,000,000. Within the amount provided, the bill includes
$78,649,000 for Research: Clear Air, $18,305,000 for Research:
Global Change and, $2,047,000 for Research: Air, Climate, and
Energy (Other). The bill does not provide the requested
$3,000,000 increase for air toxics monitors.
Research: Chemical Safety and Sustainability.--The bill
provides $131,498,000 for Research: Chemical Safety and
Sustainability. No new funds have been provided for the
requested green chemistry or e-waste initiatives.
Research: National Priorities.--The bill provides
$5,000,000 which shall be used for extramural research grants
to fund high-priority water quality and availability research
by not-for-profit organizations who often partner with the
Agency. Funds shall be awarded competitively with priority
given to partners proposing research of national scope and who
provide a 10 percent match, which may include in-kind
contributions. The Agency is directed to allocate funds to
grantees within 180 days of enactment of this Act.
Research: Safe and Sustainable Water Resources.--The bill
provides $113,654,000. Within the amount provided, the
hydraulic fracturing study is funded at the requested amount,
and $8,500,000 is provided for green infrastructure research.
Research: Sustainable and Healthy Communities.--The bill
provides $171,026,000, as requested. The conferees note that
$2,000,000 has been provided within this amount as requested to
fund a long-term evaluation of the Agency's laboratory network
to ensure that the current organization matches the Agency's
strategic needs. The conferees continue to support the Agency's
space strategy efforts, including those options that could lead
to further efficiencies and potential reductions to the
Agency's real property footprint. The conferees encourage the
Office of Research and Development (ORD) to institute
efficiency improvements that will result in long term savings
using the amounts provided.
Additional Guidance.--The conferees include the following
additional guidance with respect to funding provided under this
account:
Biocrude Research.--The conferees encourage the Agency to
work with its university partners to research the potential for
producing biocrude from wastewater treatment plants that allow
the production of renewable fuels through traditional petroleum
refining techniques.
Integrated Risk Information System (IRIS).--In lieu of
the directives contained in H. Rept. 112-151 regarding the
Integrated Risk Information System, the conferees agree to the
following:
(1) Fundamental improvements to the policies and
practices of this program are necessary to ensure that IRIS
assessments reflect the highest standard of scientific inquiry.
(2) The Agency shall incorporate, as appropriate, based
on chemical-specific datasets and biological effects, the
recommendations of Chapter 7 of the National Research Council's
Review of the Environmental Protection Agency's Draft IRIS
Assessment of Formaldehyde into the IRIS process.
(3) The Agency shall issue a progress report to House and
Senate Committees on Appropriations and relevant Congressional
authorizing committees no later than March 1, 2012, describing
its implementation of the National Research Council's Chapter 7
recommendations for ongoing and new assessments.
(4) For draft assessments released in fiscal year 2012,
the Agency shall include documentation describing how the
Chapter 7 recommendations of the National Academy of Sciences
(NAS) have been implemented or addressed, including an
explanation for why certain recommendations were not
incorporated.
(5) The Agency shall contract with NAS to conduct up to
three reviews of IRIS assessments that EPA seeks to make final.
Reviews shall include an evaluation of whether the
recommendations it made in previous reviews, including in
Chapter 7 of the National Research Council's Review of the
Environmental Protection Agency's Draft IRIS Assessment of
Formaldehyde, have been implemented. Reviews are not intended
to unduly delay the Agency's risk assessment process. The
conferees further direct NAS to complete any reviews authorized
by this paragraph by no later than 18 months after the date
that EPA and the NAS have agreed to the terms of the review.
One of these NAS reviews shall be a study of the cancer and
non-cancer hazards from oral exposure to inorganic arsenic. The
NAS review of inorganic arsenic shall incorporate the direction
provided in House Report 112-151 regarding parameters of the
study. Additional reviews will be chosen by NAS from a
representational sample of IRIS assessments and NAS will notify
Congress directly of these choices.
(6) Further, the conferees strongly believe any current
and future IRIS assessments must not only be grounded in sound,
objective, and peer-reviewed science and methodologies but
should also provide risk managers with realistic values that
will result in enhanced protection of human health.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
The bill provides $2,682,514,000 for Environmental
Programs and Management and includes following specific funding
levels and direction:
Brownfields.--The bill provides $23,680,000 and funds the
Smart Growth program as requested.
Clean Air and Climate.--The bill provides $286,568,000.
Within this amount the bill provides $99,642,000 for the
Climate Protection Program.
The conferees believe EPA may not rely on broad user fee
authority as the basis for charging Energy Star fees and
therefore lacks such authority. If EPA wishes to collect user
fees to offset the costs of the program, such fees should be
tied to increased performance or service-related goals, and the
Administration should send a legislative proposal to the
committees of jurisdiction for consideration in the same manner
as they have requested for the electronic manifest system and
pesticide user fees.
The conferees note that the SmartWay transportation
program has successfully established a partnership among
government, businesses, and consumers to reduce fuel
consumption and improve air quality and supports a robust
funding level.
The bill provides $27,343,000 for Federal Stationary
Source Regulations. From within this amount, EPA is directed to
spend $5,412,000 on New Source Performance Standards. The
conferees note that the Administration delayed the issuance of
new Ozone NAAQS as urged by House Report 112-151.
The bill provides $123,666,000 for Federal Support for
Air Quality Management. EPA is directed to spend $3,408,000 of
this amount on greenhouse gas permitting of stationary sources.
No new funds have been provided for requested compliance
monitoring activities.
Lastly, the bill provides $5,578,000 for Stratospheric
Ozone. The conferees direct that $1,000,000 shall be for the
Sunwise program. Other than provided herein, the agreement does
not include further directives regarding allocation of funds
for Clean Air and Climate programs, but instead directs the
Agency to submit an allocation of funds at the program project
level as part of the operating plan.
Enforcement.--The bill provides $249,965,000 for
enforcement activities, with funding for environmental justice
maintained at the fiscal year 2011 enacted level. The agreement
does not include further directives regarding allocation of
funds but instead directs the Agency to submit an allocation of
funds at the program project level as part of the operating
plan.
Environmental Protection: National Priorities.--The bill
provides $15,000,000 for a competitive grant program to provide
rural and urban communities with technical assistance to
improve water quality and provide safe drinking water. EPA
shall award grants on a competitive basis and give priority to
not-for-profit organizations that: conduct activities that are
national in scope; can provide a 10 percent match, including
in-kind contributions; and are supported by a majority of small
community water systems, currently provide multi-state regional
technical assistance, or currently provide assistance to
private well owners. The Agency is directed to allocate funds
to grantees within 180 days of enactment of this Act.
Geographic Programs.--The bill provides $410,375,000, as
distributed in the table at the end of this division. No funds
have been provided for the proposed Mississippi River program
or to continue the Community Action for a Renewed Environment
program. The bill includes the following direction:
Great Lakes Restoration Initiative.--The bill provides
$300,000,000 and EPA shall follow the direction provided in
House Report 112-151 for fiscal year 2012. EPA may distribute
the funds provided among the five focus areas but shall not
spend less than the fiscal year 2011 enacted level for Toxic
Substances and Areas of Concern and for the Invasive Species
focus areas. The conferees direct the agency to provide a
revised spending plan for the Great Lakes program that includes
funding levels for the five focus areas at the same time the
Agency submits its operating plan. Once submitted, changes to
the funding amounts for the focus areas are subject to a
reprogramming threshold of $5,000,000, and the Agency is
further directed to report quarterly to the Committees on
Appropriations on changes below the threshold.
Chesapeake Bay.--The conference agreement includes
$57,391,000 for the Chesapeake Bay program. Within the amount
provided, $8,000,000 is for nutrient and sediment removal
grants and $2,000,000 is for small watershed grants. The
conferees do not provide additional directives regarding the
allocation of funds for this program but instead direct the
Agency to report a proposed allocation of the remaining funds
as part of its operating plan. EPA is further directed to
support the local government study through the small watershed
grant program as discussed in House Report 112-151.
Puget Sound.--The bill provides $30,000,000 to manage and
implement Washington State's Puget Sound Action agenda, an
approved Comprehensive Conservation and Management Plan (CCMP)
under Section 320 of the Clean Water Act. The conferees direct
that funding to restore Puget Sound be allocated consistent
with the near-term priorities established in the CCMP and the
existing Lead Organization and Tribal capacity agreements
funded in prior years. EPA is directed to expeditiously
obligate funds, in a manner consistent with the authority and
responsibilities under Section 320 and the National Estuary
Program. Not more than 4 percent shall be used for EPA
intramural costs to manage the cooperative and interagency
agreements to restore and protect Puget Sound.
Information Exchange.--The bill provides $130,896,000 for
the Information Exchange program. From within this amount,
$3,285,000 has been provided for the Administrator's Immediate
Office. Funding for Children and Other Sensitive Populations
and for Environmental Education programs shall be maintained at
the enacted level. The agreement does not include further
directives regarding allocation of funds or FTE but instead
directs the Agency to submit an allocation of funds at the
program project level as part of the operating plan.
International Programs.--The bill provides $17,632,000
for international programs. The agreement does not include
further directives regarding allocation of funds but instead
directs the Agency to submit an allocation of funds at the
program project level as part of the operating plan.
Legal/Science/Regulatory/Economic Review.--The bill
provides $110,946,000 and maintains the enacted level for the
SmartGrowth program. The bill provides no more than $15,286,000
for Regulatory/Economic Management and Analysis. The agreement
does not include further directives regarding allocation of
funds but instead directs the Agency to submit an allocation of
funds at the program project level as part of the operating
plan.
Operations and Administration.--The bill provides
$487,880,000, including requested funding for rent, security
and utilities. The agreement does not include further
directives regarding allocation of funds but instead directs
the Agency to submit an allocation of funds at the program
project level as part of the operating plan.
Resource Conservation and Recovery Act.--The bill
provides $112,643,000 for the RCRA program. The bill does not
provide the $2,000,000 request to develop the e-manifest system
despite the conferees' strong support for the establishment of
this system because EPA lacks the legal authority to collect
user fees to offset system costs as expressed in the House
report.
Water: Ecosystems.--The bill provides $48,257,000 for
Water: Ecosystems. Within this amount the bill provides the
requested amount for the National Estuary Program and Section
320 grants. The bill provides $21,199,000 for the Wetlands
program and eliminates previously reprogrammed funds for work
on the Enhanced Coordination Procedures with the Army Corps of
Engineers, and the Office of Surface Mining. The conferees have
not included bill language addressing the enhanced coordination
procedures given the U.S. District Court's recent ruling that
set aside the procedures.
Water: Human Health Protection.--The bill provides
$101,256,000 and directs the reduction below the fiscal year
2011 enacted level to the drinking water regulatory program.
The agreement does not include further directives regarding
allocation of funds but instead directs the Agency to submit an
allocation of funds at the program project level as part of the
operating plan.
Water Quality Protection.--The bill provides
$217,101,000, of which up to $4,738,000 is for the urban waters
program. The agreement does not include further directives
regarding allocation of funds but instead directs the Agency to
submit an allocation of funds at the program project level as
part of the operating plan.
Additional Guidance.--The conferees include the following
additional guidance with respect to funding provided under this
account:
Administrator Priorities.--Funding for Administrator
priorities shall not exceed the fiscal year 2011 enacted level.
The conferees direct the Agency to submit a report within 90
days of enactment that identifies how the fiscal year 2010 and
2011 funding was used, by account, program area and program
project and include a description of the activities and any
anticipated results. Future congressional justifications should
identify funding in each program project that has been set
aside for Administrator priorities, and include a justification
for the effort and any anticipated results.
Arsenic Reporting.--Not later than 180 days after the
date of enactment of this Act, the Agency is directed to: (1)
Promptly submit to Congress an overdue report--requested as
part of the Consolidated Appropriations Act, 2005 (P.L. 108-
447)--on the extent to which communities are being affected by
the arsenic rule, and proposing compliance alternatives and
making recommendations to minimize costs; (2) convene a working
group composed of representatives from States, small publicly
owned water systems, local public health officials, drinking
water consumers and treatment manufacturers to provide input
and recommendations on barriers to the use of point-of-use and
point-of-entry treatment units, package plants, (including
water bottled by the public water system), and modular units,
as well as alternative affordability criteria that give extra
weight to small, rural, and lower income communities, and (3)
based upon input from the working group submit to the
Committees a report on actions to make alternative compliance
methods (such as point of use, point of entry and package
plants) more accessible to water systems and a report on
alternative affordability criteria.
Boiler MACT.--The conferees are encouraged by the outcome
of EPA's reconsideration of the Boiler MACT rule and offer no
directives regarding Boiler MACT standards. The proposed rule
addresses substantive concerns by including additional
flexibility with respect to compliance costs, and a biomass
exemption.
Eastern Long Island Sound Supplemental Environmental
Impact Study.--The conferees are concerned by the lack of
progress at the Agency in completing a Supplemental
Environmental Impact Statement for eastern Long Island Sound,
which has been slated since 2002 and is necessary to ensure
that significant military installations do not lose access to
dredged disposal sites. The conferees direct the Agency to
submit a report no later than 90 days after enactment of this
Act outlining its plan to carry out the Supplemental
Environmental Impact Statement for the eastern Long Island
Sound, including the possible use of existing appropriated
funds to begin the study. The conferees also urge the Agency to
work collaboratively with appropriate stakeholders, including
the Army Corps of Engineers and State partners, to
expeditiously determine a dredging solution for eastern Long
Island Sound.
Economic Analysis of Reciprocating Engine Rule.--The
conferees are aware that EPA has initiated a reconsideration
process which the conferees expect will address the concerns
expressed in House Report 112-151. Amendments to the
reciprocating engine rule are expected in early 2012. The
conferees fully expect that EPA will include an analysis of the
economic impacts of the rule on small government jurisdictions
per the direction in the House report. Therefore the bill does
not provide a directive to initiate a separate analysis of the
economic impacts of the rule on small government jurisdictions
within 60 days of enactment of this Act.
Personnel and Full Time Equivalents.--While the statement
does not cap FTE levels for EPA, the conferees do not expect
EPA's actual utilization levels will exceed the 2010
utilization levels given that EPA's 2012 budget has been
reduced. The conferees remain concerned about the growing
disparity between regional and headquarters personnel as well
as how EPA develops its personnel requests in its annual budget
proposal.
Recycling Programs.--The conferees direct that the Agency
submit the report requested in House Report 112-151 within 90
days of enactment of this Act.
Refrigerant Gas Containers.--Within 90 days of enactment
of this Act, the conferees direct the agency to initiate a
study on the environmental impacts of using disposable
containers to transport and store refrigerant gasses, compared
to refillable containers, and to submit the study to the House
and Senate Committees on Appropriations upon completion.
Regional Haze.--States have raised legitimate concerns
about the costs and compliance deadlines within EPA federal
implementation plans to address regional haze issues. The Clean
Air Act offers substantial flexibility with regard to how
States may choose to mitigate regional haze impacts. The
conferees are aware that EPA released a court-ordered schedule
for finalizing Regional haze rules in November 2011. Therefore,
the agreement does not include the specific directives
contained in House Report 112-151 but instead directs EPA to
work with the States as partners in order to resolve compliance
and cost differences while adhering to the schedule.
Southern New England Estuaries.--The conferees recommend
that the Agency convene and lead a comprehensive regional
policy coordination and outreach effort to protect, enhance,
and restore the coastal watersheds of southern New England. No
entity or consortium exists to meet these challenges, and there
is an urgent and immediate need for such an effort. For
example, in Rhode Island's Narragansett Bay, there are
documented extensive areas of pollution severely degrading fish
and wildlife habitat and water quality; problems that are
compounded by the effects of warmer water temperatures and
milder winters. The conferees recommend that EPA establish
goals for the regional effort, emphasizing water quality and
habitat restoration as well as the development and
implementation of innovative technologies to meet these
challenges and create jobs. The effort should provide for
streamlined interagency communication, and involve an inclusive
stakeholder process. Specifically, EPA should collaborate with
State agencies as well as other Federal partners such as the
National Oceanic and Atmospheric Administration, the U.S. Fish
and Wildlife Service, U.S. Geological Survey, Natural Resources
Conservation Service, and the Small Business Administration.
The Agency should also include stakeholders from local
governments and agencies, non-governmental organizations, and
academic institutions. The conferees also recommend that the
Agency, through this regional effort, facilitate the
development of strategies to restore and protect the southern
New England Estuaries.
OFFICE OF INSPECTOR GENERAL
The bill provides $42,000,000 for the Office of Inspector
General. The conferees appreciate the value of a robust
Inspector General and expect the same level of effort as in
fiscal year 2011 within the funding provided. The funding level
reflects the high unobligated balances that remain in this
account and the Inspector General should utilize previously
appropriated funds first in fiscal year 2012.
BUILDINGS AND FACILITIES
The bill provides $36,428,000 for Buildings and
Facilities, equal to the fiscal year 2011 enacted level.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,215,753,000 for the Hazardous
Substance Superfund account, and includes bill language to
transfer $9,955,000 to the Inspector General account and
$23,016,000 to the Science and Technology account. Due to
budget constraints, the conferees have reluctantly proposed
general program reductions to the Superfund emergency response
and removal and remedial programs, as detailed below. The bill
provides the following additional direction:
Enforcement.--The bill provides $187,033,000 for
Superfund Enforcement.
Operations and Administration.--The bill provides
$135,969,000 for Superfund Operations and Administration. The
agreement does not include further directives regarding
allocation of funds but instead directs the Agency to submit an
allocation of funds at the program project level as part of the
operating plan.
Superfund Cleanup.--The bill provides $789,180,000 for
Superfund Cleanup, of which $189,895,000 is for Superfund:
Emergency Response and Removal and $565,922,000 is for
Superfund: Remedial. The conferees expect that future budget
requests will propose a higher percentage of cleanup funding as
part of the total request in addition to proposing funding
sufficient to meet program goals, such as increasing the number
of annual ``construction completes'' and more importantly
``sites made ready for reuse''. The conferees direct the
Inspector General to report to the Committees on Appropriations
within 90 days of enactment of this Act on current agency
efforts to strengthen Superfund contracting controls to prevent
future waste, fraud and abuse.
Financial Assurance.--In lieu of the directives contained
in H. Rept. 112-151 regarding financial assurance requirements,
the conferees direct the Administrator to collect and analyze
information from the commercial insurance and financial
industries regarding the use and availability of necessary
instruments (including surety bonds, letters of credit, and
insurance) for meeting any new financial responsibility
requirements and to make that analysis available to the House
and Senate Committees on Appropriations and to the general
public on the Agency website 90 days prior to proposing any
rule pursuant to section 108(b) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9608(b)).
Special Accounts.--The conferees direct EPA to follow the
language in House Report 112-151 with respect to managing the
unobligated balances in the Superfund special accounts.
LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM
The bill provides $104,309,000 for the Leaking
Underground Storage Tank Trust Fund Program.
INLAND OIL SPILL PROGRAMS
The bill provides $18,274,000 for Inland Oil Spill
Programs.
STATE AND TRIBAL ASSISTANCE GRANTS
The bill provides $3,618,727,000 for the State and Tribal
Assistance Grants (STAG) program and includes the following
specific funding levels and direction:
Infrastructure Assistance.--The bill provides
$2,528,169,000 for infrastructure assistance, including
$1,468,806,000 for the Clean Water State Revolving Fund and
$919,363,000 for the Drinking Water State Revolving Fund. The
amount provided for the Clean Water State Revolving Fund
program will fund approximately 473 new wastewater projects
nationwide and more than 81,000 jobs when combined with state
matching funds and leverage capabilities, according to Agency
estimates. Amounts provided for the Drinking Water State
Revolving Funds program will fund approximately 353 new
drinking water projects nationwide and more than 50,000 jobs
when combined with state matching and leveraged funds.
The conferees do not direct EPA to submit a report on
water rates requested in the House report. However, the
conferees direct the Agency to report on how EPA and the States
have used the additional subsidization authority including
information on the number and amounts of loans awarded with
additional subsidization, recipient communities, and
descriptions of projects funded.
Alaska Native Villages.--The bill provides $10,000,000 as
requested.
Brownfields.--The bill provides $95,000,000 for the
Brownfields program.
Diesel Emissions Reduction Act (DERA) Grants.--The bill
provides $30,000,000 as the conferees do not agree with the
proposal to terminate the DERA grants.
Mexico Border.--The bill provides $5,000,000 for the
Mexico border program.
Categorical Grants.--The bill provides $1,090,558,000 for
Categorical Grants and funding levels are specified in the
table at the end of this division. This amount includes
$164,757,000 for nonpoint source grants as requested. The
amount also includes $236,107,000 for the State and Local Air
Quality Management grant program, and the conferees direct EPA
to allocate funds for this program using the same formula as
fiscal year 2011.
Bill Language.--The bill includes modified language
specifying amounts made available under the state revolving
fund programs for additional subsidization, and amounts made
available for the green infrastructure reserve in the Clean
Water State Revolving Fund program. The bill does not provide
the requested mandatory set-aside for green infrastructure
projects within the Drinking Water State Revolving Fund program
but does include language allowing States to continue to fund
these types of projects at their discretion.
ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL PROTECTION AGENCY
(INCLUDING TRANSFER AND RESCISSION OF FUNDS)
The bill rescinds $50,000,000 from specific unobligated
balances. Modified bill language has been included to provide
specific wage rate requirements for the Clean Water and
Drinking Water State Revolving funds.
Oil Spill Transfer Authority.--The bill includes modified
transfer authority language that allows the Agency to meet its
obligations to pay contractors responding to inland oil spills.
The conferees have included this language for fiscal year 2012
only. The conferees strongly urge EPA, in conjunction with the
Office of Management and Budget, to propose a more appropriate
legislative fix if the Administration is unable to process
routine transfers from the Oil Spill Trust Fund in a timely
fashion. The conferees support the approach discussed in the
House report to be a more permanent solution.
TITLE III--RELATED AGENCIES
Department of Agriculture
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
The bill provides $295,773,000 for Forest and Rangeland
Research. The conferees also provide the following directions:
The agreement does not specify allocations for individual
research facilities. The conferees encourage the Forest
Products Laboratory, as part of the Department of Agriculture's
effort to promote and use wood products as a green building
material, to invest in wood products life cycle assessment
research to improve our understanding of the environmental and
economic implications of using wood in building construction.
The Forest Service is commended for its localized needs
research and is directed to expand this research in support of
project development on national forests. The Forest Service
should prioritize research related to White Nose Syndrome as
well as inventory and monitoring of bat resources on Forest
Service lands. The Service is expected to continue ongoing
urban natural resources stewardship research and should produce
a joint report with the Department of Energy on the role that
this work can play in helping reduce the urban heat island
effect, as well as reduce the energy demand to cool buildings.
STATE AND PRIVATE FORESTRY
The bill provides $253,331,000 for State and Private
Forestry. The conferees also provide the following directions:
Within six months of enactment of this Act, the Forest
Service is directed to develop a process in consultation with
State foresters that considers State Assessments and Strategies
in the annual budget for Cooperative Forestry Assistance Act
(CFAA) programs, and to develop a process allowing State
foresters flexibility, with appropriate accountability, to
reallocate a percentage of authorizations for CFAA programs to
address State priorities consistent with the State Assessments
and Strategies.
Forest Legacy.--The bill provides $53,388,000 for the
Forest Legacy program. This includes $6,628,000 for program
administration, $2,500,000 for new State startups, and
$44,260,000 for forest legacy projects. The Service should fund
projects in priority order according to their competitively
selected national priority list for fiscal year 2012.
NATIONAL FOREST SYSTEM
The bill provides $1,556,628,000 for the National Forest
System. The agreement includes a proof of concept pilot for
Integrated Resource Restoration (IRR). The conferees also
provide the following directions:
Land Management Planning.--The bill provides $40,000,000
for land management planning. The agreement does not approve
the consolidation of this line item with the Inventory and
Monitoring line item. The Planning Rule should provide for a
cost-effective and timely process for forest plan revisions.
Inventory and Monitoring.--The bill provides $161,980,000
for inventory and monitoring. The Forest Service is encouraged
to allocate more funding towards monitoring of grazing
allotments and work with State agencies, universities,
professional societies and other USDA agencies, such as the
Natural Resources Conservation Service, to efficiently and
effectively increase allotment monitoring.
Recreation, Heritage, and Wilderness.--The bill provides
$281,627,000 for recreation, heritage and wilderness programs.
In place of House direction on the travel management rule, the
Forest Service is encouraged to revise travel management plans
where significant issues have arisen and resolve the
Maintenance Level-3 road problem in Region 5. The agreement
does not provide direction on the Wyoming Wilderness Act.
Grazing Management.--The bill provides $55,445,000 for
the grazing management program. The conferees are concerned
that the best science should be used in making decisions
concerning grazing on the Dakota Prairie Grasslands. Currently,
North Dakota State University is conducting research that
should benefit the agency in making these determinations. The
agency is strongly encouraged to work cooperatively with the
university and utilize its research to the extent practicable,
to better inform its grazing management decisions.
Forest Products.--The bill provides $336,049,000 for the
forest products program. The Forest Service is directed to
improve the health and resilience of national forests and
through these efforts, work to achieve three billion board feet
of timber sold. The conferees note that over the last ten
years, the timber supply in Region 10 has been constrained to
less than 10 percent of the allowable sale quantity in the
current land management plan. The Forest Service is encouraged
to prepare and offer, within three years, the four 10-year
timber sales as previously indicated.
Vegetation and Watershed Management.--The bill provides
$184,341,000 for vegetation and watershed management
activities. The Service is strongly encouraged to provide
sufficient resources for leafy spurge eradication.
Wildlife and Fish Habitat Management.--The bill provides
$140,260,000 for wildlife and fish habitat management
activities.
Collaborative Forest Landscape Restoration.--The bill
provides $40,000,000 for the Collaborative Forest Landscape
Restoration Fund.
Minerals and Geology Management.--The bill provides
$83,560,000 for minerals and geology management activities.
The Service should implement the recommendations included
in the report, ``Assessing the Potential for Renewable Energy
on National Forest System Lands'' and initiate a planning
process for a renewable energy development program and, where
appropriate, apply guidelines already developed by the Bureau
of Land Management.
Landownership Management.--The bill provides $85,875,000
for landownership management activities. In the case of any
land exchange involving National Forest System land carried out
directly or through a third-party, the Forest Service is
directed to provide written notice of the proposed land
exchange to each owner of non-Federal land adjoining a parcel
of National Forest System land proposed for exchange and each
owner of non-Federal land adjoining the non-Federal land
proposed to be acquired in the exchange. The Secretary shall
determine adjoining landowners using the most recent available
tax records.
Integrated Resource Restoration.--The conferees have
agreed to the House proposal to allow the Administration to
conduct an Integrated Resource Restoration pilot in Regions 1,
3, and 4. Within 90 days of enactment of this Act, the Forest
Service should present a plan and guidance to the pilot regions
for measuring performance and accountability. The plan and
guidance should ensure program transparency, monitoring, fair
allocation of funding, a consistent approach across the three
regions, and that restoration is the primary goal of any
projects funded through the pilot. The plan should also include
traditional measures, such as timber targets and acres treated,
while also including new measures such as watershed condition
framework.
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)
The bill provides $394,721,000 for capital improvement
and maintenance programs offset by a $12,000,000 scoring credit
related to the road and trail fund. The conferees also provide
the following directions:
Facilities.--The bill provides $75,785,000 for facilities
including $13,124,000 for construction and $62,661,000 for
maintenance. For future year planning, the Forest Service
should include both new construction and maintenance in its
list of major facilities projects based on its facility master
plans and the most efficient use of taxpayer dollars.
Roads.--The bill provides $182,818,000 for roads
including $27,327,000 for construction and $155,491,000 for
maintenance.
Trails.--The bill provides $81,982,000 for trails
including $63,422,000 for maintenance and $18,560,000 for
construction.
Legacy Roads.--The bill provides $45,000,000 for the
legacy roads and trails program. The agreement retains this
program within Capital Improvement and Maintenance. The Forest
Service should report on the jobs associated with this program
and publicly post this information.
Back-country airstrips.--In place of the reporting
requirements in the House Report for back-country airstrips,
within one year after the date of enactment of this Act, the
Forest Service is directed to provide the Committees with a
general assessment of back-country airstrips on National Forest
System lands with recommendations for improving their function
as an important component of the forest transportation and
recreation system.
Bill Language.--The bill includes language allowing the
transfer of funding from Capital Improvement and Maintenance to
the National Forest System for the Integrated Resource
Restoration pilot.
LAND ACQUISITION
The bill provides $52,605,000 for Land Acquisition, of
which $7,500,000 is for acquisition management; $3,500,000 is
for critical inholdings/cash equalization; and $41,605,000 is
for acquisitions.
This amount will fully fund projects 1 through 30 as
prioritized by the Service pursuant to the Administration's
revised request list provided to the Committees on August 26,
2011. Requests for reprogramming will be considered pursuant to
the guidelines in the front of this statement.
The conferees direct the Forest Service to use inholding
funding to acquire high priority lands within Federal
boundaries that maximize benefits to the public through
consolidated Federal ownership that provides access, creates
management efficiencies, or protects critical resources.
The Secretary of Agriculture is directed to submit a
report to the Committees on Appropriations within 90 days of
enactment of this Act describing current negotiations between
the Forest Service and private landowners for projects
receiving prior year and current appropriations within the
Tongass National Forest, including the overall scope and timing
of these acquisitions.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
The bill provides $955,000 for the Acquisition of Lands
for National Forests Special Acts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
The bill provides $227,000 for the Acquisition of Lands
to Complete Land Exchanges.
RANGE BETTERMENT FUND
The bill provides $3,262,000 for the Range Betterment
Fund.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
The bill provides $45,000 for Gifts, Donations and
Bequests for Forest and Rangeland Research.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
The bill provides $2,577,000 for the Management of
National Forest Lands for Subsistence Uses.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,737,631,000 for Forest Service
Wildland Fire Management. In addition to the funding provided,
the Forest Service is directed to use $240,000,000 in carryover
emergency fire suppression funds before obligating fiscal year
2012 suppression funds. The amount provided, combined with
$315,886,000 in the FLAME Wildfire Suppression Reserve Fund,
fully funds the Forest Service's 10-year average expenditures
for fire suppression. The conferees also provide the following
directions:
The Forest Service should complete a plan to replace the
aging fleet of federal air tankers as soon as possible. While
the Forest Service and others have produced study after study
on the critical shortage of firefighting aircraft, there has
been a complete lack of substantive progress this year. The
Service must work more closely with the Department of the
Interior in developing the strategy for replacing the current
air tanker fleet.
Hazardous Fuels.--The bill provides $317,584,000 for
hazardous fuels activities. The Forest Service is directed to
remove the requirement that seventy-five percent of hazardous
fuels funding be spent in the Wildland Urban Interface and
instead the conferees direct hazardous fuels funding be spent
on the highest priority projects in the highest priority areas.
FLAME WILDFIRE SUPPRESSION RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $315,886,000 for the FLAME Wildfire
Suppression Reserve Fund.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
(INCLUDING TRANSFERS OF FUNDS)
The bill includes administrative provisions similar to
previous years.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
INDIAN HEALTH SERVICES
The bill provides $3,872,377,000 for Indian Health
Services. Of the amount requested for current services, the
conferees have included $56,019,000 above the fiscal year 2011
enacted level, which covers the cost of staffing new
facilities. Program increases above the fiscal year 2011
enacted level include $12,000,000 for the Indian Health Care
Improvement Fund; $3,400,000 for Health IT Security;
$65,000,000 for Contract Health Services; $3,185,000 for Direct
Operations; and $74,500,000 for Contract Support Costs. In
agreement with the request, a reduction of $7,000,000 has been
assumed from savings in grant programs. The conferees direct
the Service to meet its annual Contract Support Costs reporting
requirement due date, and to provide the Committees with
current Contract Support Costs estimates in conjunction with
its annual budget submission.
The Service is directed to update the Committees at least
annually on the progress of the Early Childhood Caries
initiative and the ability of the Service to meet its goals in
the allowed time frame. The conferees note that the Service has
already complied with the request contained in the House report
to provide a detailed schedule for implementation of the
Electronic Dental Record system.
Within the overall amount identified in the ``Indian
Health Services'' account for the staffing of new facilities,
funds are directed to the following projects, as requested in
the President's budget request: $1,809,000 for the Carl Albert
Hospital replacement, Ada, Oklahoma; $783,000 for the Lake
County Tribal Health Center, Lakeport, California; $6,294,000
for the Elbowoods Health Center, New Town, North Dakota;
$21,185,000 for the Cheyenne River Health Center, Eagle Butte,
South Dakota; $8,226,000 for the Absentee Shawnee Health
Center, Little Axe, Oklahoma; $7,879,000 for the Cherokee
Nation Vinita Health Center, Vinita, Oklahoma; and $9,843,000
for joint venture projects. This distribution is in agreement
with the budget estimate as it has been revised to reflect
distributions made under the fiscal year 2011 operating plan,
which was not available at the time the Service's request was
submitted to Congress.
The conferees understand that a number of joint venture
construction projects are nearing completion and will require
support for the staffing of these new facilities. The Service
is urged to request sufficient funding in future budgets to
fulfill its obligations to participating tribes in the joint
venture program.
Within the Indian Health Professions activity, the
conferees have continued support for the Recruitment/Retention
of American Indians into Nursing program; the Indians into
Psychology program; and the Indians into Medicine program.
INDIAN HEALTH FACILITIES
The bill provides $441,052,000 for Indian Health
Facilities. Of the amount requested for current services, the
conferees have included $7,032,000 above the fiscal year 2011
enacted level, which covers the cost of staffing new
facilities. Program changes to the fiscal year 2011 enacted
level include a decrease of $15,955,000 from Sanitation
Facilities Construction, as requested, and an increase of
$46,028,000 for Health Care Facilities Construction.
Within the overall amount identified in the ``Facilities
Services'' account for the staffing of new facilities, funds
are directed to the following projects, as requested in the
President's budget request: $678,000 for the Carl Albert
Hospital replacement, Ada, Oklahoma; $305,000 for the Lake
County Tribal Health Center, Lakeport, California; $1,021,000
for the Elbowoods Health Center, New Town, North Dakota;
$3,487,000 for the Cheyenne River Health Center, Eagle Butte,
South Dakota; $755,000 for the Absentee Shawnee Health Center,
Little Axe, Oklahoma; and $786,000 for the Cherokee Nation
Vinita Health Center, Vinita, Oklahoma.
The amount provided for health care facilities
construction includes, as requested in the President's budget
request: $62,184,000 to complete the Barrow Hospital, Barrow,
Alaska; $10,000,000 for the Kayenta Health Center, Kayenta,
Arizona; $10,000,000 for the San Carlos Health Center, San
Carlos, Arizona; $2,000,000 for the Southern California Youth
Regional Treatment Center, Hemet, California; and $1,000,000 to
complete a feasibility report on the use of modular
construction for health facilities.
The conferees are concerned about the large unobligated
balances in the ``Indian Health Services'' and the ``Indian
Health Facilities'' accounts. The conferees direct the Service
to review the programs that have carried high unobligated
balances in recent years and provide a detailed report to the
Committees within 90 days of enactment of this Act on the
causes for these unobligated balances and present a plan for
reducing them.
NATIONAL INSTITUTES OF HEALTH
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
The bill provides $79,054,000 for the National Institute
of Environmental Health Sciences.
AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
The bill provides $76,337,000 for the Agency for Toxic
Substances and Disease Registry. Within the funds provided,
$2,000,000 has been included as requested to continue the
important epidemiological studies of health conditions caused
by exposures to uranium released from mining and milling
operations in the Navajo Nation.
OTHER RELATED AGENCIES
Executive Office of the President
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY
The bill provides $3,153,000 for the Council on
Environmental Quality and Office of Environmental Quality.
Chemical Safety and Hazard Investigation Board
SALARIES AND EXPENSES
The bill provides $11,147,000 for the Chemical Safety and
Hazard Investigation Board.
Office of Navajo and Hopi Indian Relocation
SALARIES AND EXPENSES
The bill provides $7,750,000 for the Office of Navajo and
Hopi Indian Relocation, Salaries and Expenses.
Institute of American Indian and Alaska Native Culture and Arts
Development
PAYMENT TO THE INSTITUTE
The bill provides $8,533,000 for the Institute of
American Indian and Alaska Native Culture and Arts Development.
Smithsonian Institution
SALARIES AND EXPENSES
The bill provides a total of $811,530,000 for all
Smithsonian Institution accounts, of which $636,530,000 is
provided for salaries and expenses. The conferees encourage
collaborative efforts between the Smithsonian Institution and
regional and rural museums that facilitate greater access to
the Smithsonian's virtual collections such as that of the
Museum of Natural History. The conferees support the joint
venture between the Library of Congress and the Smithsonian
Institution creating a comprehensive compilation of personal
histories and testimonials of individuals who participated in
the Civil Rights movement. The conferees remain committed to
the preservation of priceless, irreplaceable Smithsonian
Institution collections and direct the Smithsonian to take
steps toward implementing the recommendations of a recently
completed audit by the Smithsonian's Office of Inspector
General (OIG) on collections stewardship at the National Museum
of American History. The conferees also support the decision by
the OIG to use the Institution's Strategic Plan as a standard
by which to measure the Institution's performance in its
proposed audits and reviews. The Smithsonian Institution is
directed to work with the Committees to standardize its annual
budget submission justifications and supporting materials.
FACILITIES CAPITAL
The bill provides $175,000,000 for the Facilities Capital
account of which $75,000,000 is to complete the design and
begin the construction of the National Museum of African
American History and Culture (NMAAHC). Bill language is
included providing that a future procurement for construction
of the NMAAHC may include the full scope of the project, but
that any contract for such procurement must contain a clause
clarifying that any payment under the contract will be subject
to the availability of funds. The Smithsonian is directed to
devote remaining Facilities Capital funds to the highest and
best uses on a priority basis and clearly articulate in future
budget submissions specific funding needs in priority order for
all Facilities Capital program initiatives.
National Gallery of Art
SALARIES AND EXPENSES
The bill provides $114,066,000 for the Salaries and
Expenses account of the National Gallery of Art of which not to
exceed $3,481,000 is for the special exhibition program.
REPAIR, RESTORATION, AND RENOVATION OF BUILDINGS
The bill provides $14,516,000 for the Repair,
Restoration, and Renovation of Buildings account. Bill language
is included providing the Gallery with the authority to enter
into operating lease agreements of no more than 10 years, with
no extensions or renewals, in order to address space needs
created by ongoing renovations in the Master Facilities Plan.
John F. Kennedy Center for the Performing Arts
OPERATIONS AND MAINTENANCE
The bill provides $23,200,000 for the Operations and
Maintenance account.
CAPITAL REPAIR AND RESTORATION
The bill provides $13,650,000 for the Capital Repair and
Restoration account.
Woodrow Wilson International Center for Scholars
SALARIES AND EXPENSES
The bill provides $11,005,000 for the Woodrow Wilson
International Center for Scholars.
NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES
National Endowment for the Arts
GRANTS AND ADMINISTRATION
The bill provides $146,255,000 for the National Endowment
for the Arts (NEA). The conferees agree that initiatives begun
in prior years, such as the Big Read and Shakespeare in
American Communities, are programs of demonstrated worth that
reach a broad geographic audience. The Endowment is urged to
maintain these grants at an appropriate funding level to allow
a vibrant, competitive program to be maintained.
The conferees understand that the proposal included in
the budget request to eliminate the National Heritage
Fellowship program and the American Jazz Masters Fellowship
program was reconsidered by the Endowment and subsequently
withdrawn. The conferees support this decision and expect the
Endowment to continue its annual recognition of individuals
with outstanding achievements in these disciplines in a similar
manner to past years. The conferees disagree with the proposal
to exempt funds for the ``Our Town'' initiative from the
overall calculation for providing base funding to State arts
agencies and direct that funds be distributed based on the
longstanding agreement that States receive 40 percent of all
appropriated grant funds. Reforms originally instituted by the
Committees more than a decade ago relating to program
priorities and grant guidelines are fully restated in Sections
418 and 419. These reforms maintain broad bipartisan support
and the conferees expect the NEA to adhere to them fully.
Further, the conferees encourage the Administration and the
appropriate committees of jurisdiction in Congress to address
the vacancies on the National Council on the Arts in a timelier
manner than has been the case to date.
National Endowment for the Humanities
GRANTS AND ADMINISTRATION
The bill provides $146,255,000 for the National Endowment
for the Humanities (NEH). The conferees urge the NEH to provide
no less than 40 percent of program funds to support the
critical work of state humanities councils. The conferees
support the Endowment's efforts to encourage a better
understanding of our Nation's history and the democratic
principles upon which it was founded by supporting grants for
the teaching and study of American history. The conferees,
therefore, have included $3,000,000 for the longstanding,
successful We the People initiative. The NEH is encouraged to
include Native American communities in the Bridging Cultures
initiative and to work with tribes in the preservation of
Native American languages through the Documenting Endangered
Languages grant program.
Commission of Fine Arts
SALARIES AND EXPENSES
The bill provides $2,400,000 for the Commission of Fine
Arts.
National Capital Arts and Cultural Affairs
The bill provides $2,000,000 for the National Capital
Arts and Cultural Affairs program. Language has been included
in the bill amending the program's underlying authorization to
ensure that all grantees meet the program's eligibility
requirements.
Advisory Council on Historic Preservation
SALARIES AND EXPENSES
The bill provides $6,108,000 for the Advisory Council on
Historic Preservation.
National Capital Planning Commission
SALARIES AND EXPENSES
The bill provides $8,154,000 for the National Capital
Planning Commission.
United States Holocaust Memorial Museum
HOLOCAUST MEMORIAL MUSEUM
The bill provides $50,798,000 for the United States
Holocaust Memorial Museum. The conferees concur with the
Museum's proposal to re-designate its exhibition fund as an
outreach initiatives fund to broaden access to historic
material, enhance its website, and provide a larger public
education component.
PRESIDIO TRUST
PRESIDIO TRUST FUND
The bill provides $12,000,000 for the Presidio Trust
Fund.
Dwight D. Eisenhower Memorial Commission
SALARIES AND EXPENSES
The bill provides $2,000,000 for the Salaries and
Expenses account.
CAPITAL CONSTRUCTION
The bill provides $30,990,000 for Capital Construction.
Bill language has been included authorizing the contracting
officer to procure construction services as long as such
contracts are contingent upon the availability of funds, and
authorizes the Commission to proceed with the construction
process despite not having full funding in place.
TITLE IV--GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The conferees have included various legislative
provisions in Title IV of the bill. A number of these
provisions have been carried in previous years and others are
newly proposed this year. The provisions are:
Section 401 continues a provision providing for public
availability of information on consulting service contracts.
Section 402 continues a provision providing that
appropriations available in the bill shall not be used to
produce literature or otherwise promote public support of a
legislative proposal on which legislative action is not
complete.
Section 403 continues a provision providing for annual
appropriations unless expressly provided otherwise in this Act.
Section 404 continues a provision limiting the use of
personal cooks, chauffeurs or servants.
Section 405 continues a provision providing restrictions
on departmental assessments unless approved by the Committees
on Appropriations.
Section 406 continues a provision limiting the actions of
the Forest Service and the Bureau of Land Management with
regard to the sale of giant sequoia trees to a manner
consistent with such sales as were conducted in fiscal year
2011.
Section 407 continues a limitation on accepting and
processing applications for patents and on the patenting of
Federal lands.
Section 408 continues a provision regarding the payment
of contract support costs.
Section 409 continues a provision providing that the
Secretary of Agriculture shall not be considered in violation
of certain provisions of the Forest and Rangeland Renewable
Resources Planning Act solely because more than 15 years have
passed without revision of a forest plan, provided that the
Secretary is working in good faith to complete the plan
revision.
Section 410 continues a provision limiting preleasing,
leasing, and related activities within the boundaries of
National Monuments.
Section 411 modifies a provision authorizing the
Secretary of the Interior and the Secretary of Agriculture to
enter into reciprocal agreements with foreign wildfire
suppression organizations.
Section 412 continues a provision through fiscal year
2013 authorizing the Secretary of the Interior and the
Secretary of Agriculture to consider local contractors when
awarding contracts for certain activities on public lands.
Section 413 restricts funding appropriated for
acquisition of land or interests in land from being used for
declarations of taking or complaints in condemnation.
Section 414 continues a provision making Alaska red cedar
timber available to domestic mills.
Section 415 extends certain authorities through fiscal
year 2013 allowing the Forest Service and Department of the
Interior to renew grazing permits.
Section 416 continues a provision which prohibits no-bid
contracts.
Section 417 continues a provision which requires public
disclosure of certain reports.
Section 418 continues a provision which delineates the
grant guidelines for the National Endowment for the Arts.
Section 419 continues a provision which delineates the
program priorities for the programs managed by the National
Endowment for the Arts.
Section 420 amends existing law to allow for the use of
certain competitive grant funds.
Section 421 extends authorities from the Forest Service
Realignment and Enhancement Act of 2005 through 2016.
Section 422 makes permanent authorities made available to
the Secretary of the Interior and the Chief of the Forest
Service to conduct joint programs to promote customer service
and efficiency.
Section 423 retains a provision allowing the State of
Utah, through contracts or cooperative agreements with the
Forest Service, to perform certain activities on Forest Service
lands through fiscal year 2013.
Section 424 requires the Department of the Interior, EPA,
Forest Service and Indian Health Service to provide the
Committees on Appropriations quarterly reports on the status of
balances of appropriations.
Section 425 requires the President to submit a report to
the Committees on Appropriations no later than 120 days after
submission of the fiscal year 2013 budget request describing
Federal agency obligations and expenditures for climate change
programs in fiscal year 2011.
Section 426 continues a provision prohibiting the use of
funds to promulgate or implement any regulation requiring the
issuance of permits under Title V of the Clean Air Act for
carbon dioxide, nitrous oxide, water vapor, or methane
emissions.
Section 427 continues a provision prohibiting the use of
funds to implement any provision in a rule if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
Section 428 provides the Forest Service the authority to
use a pre-decisional objection process in place of post-
decisional appeals.
Section 429 clarifies Silvicultural Operations under the
Federal Water Pollution Control Act.
Section 430 modifies claim maintenance fees for placer
claims held by two or more persons known as association placer
claims.
Section 431 addresses the management of domestic sheep
and bighorn sheep on Federal lands.
Section 432 addresses the issuance of air quality permits
in the Outer Continental Shelf.
Section 433 prohibits funds from being used to enter into
contracts or agreements with any corporation where the agency
is aware of a conviction of a felony under any Federal law
within the preceding 24 months.
Section 434 prohibits funds for contacts or agreements
with any corporation where the agency is aware of any unpaid
Federal tax liability that is not being paid in a timely manner
pursuant to a payment agreement.
Section 435 continues current authorities for operations
of Indian Health Service programs in Alaska.
Section 436 includes an across the board rescission of
0.16 percent. This reduction shall be applied to each program,
project, and activity, except for Miscellaneous Payments to
Indians, which has a different application of the rescission as
specified in the statutory language. The bill also requires the
Office of Management and Budget to submit a report within 30
days specifying the account and amount of each rescission.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012
The Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2012, put
in place by this division incorporates the following agreements
of the managers. Funds for the individual programs and
activities within the accounts in this division are displayed
in the detailed table at the end of the statement of the
managers for this Act. Funding levels that are not displayed in
the detailed table are identified within this statement of the
managers. In implementing this conference agreement, the
Departments and agencies should be guided by the language and
instructions set forth in Senate Report 112-84 accompanying the
bill, S. 1599, unless specifically addressed in this statement.
In cases where the language and instructions in the Senate
report specifically address the allocation of funds, each has
been reviewed by the conferees and those that are jointly
concurred in have been endorsed in this statement of managers.
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $3,195,383,000 for
Training and Employment Services (TES). Of the amount
appropriated under the heading TES, $1,423,383,000 shall be
available for obligation for the period July 1, 2012 through
June 30, 2013, and the remaining $1,772,000,000 shall be
available as an advance appropriation for the period October 1,
2012 through June 30, 2013.
The conferees direct that, beginning with the fiscal year
2013 budget request, the TES detailed workload and performance
tables in the congressional justification materials be modified
to include, as a subset of the ``Participants Served in
Employment and Training Activities,'' the number of
participants who participated in core and intensive services,
the number of participants who participated in training
services, the number of exiters, and the number of exiters who
gained employment.
The conference agreement includes $1,008,432,000 for
Dislocated Worker Assistance employment and training
activities, of which $148,432,000 shall be available for
obligation for the period July 1, 2012 through June 30, 2013,
and the remaining $860,000,000 shall be available as an advance
appropriation for the period October 1, 2012 through June 30,
2013. The conferees continue to support the use of National
Emergency Grants to meet unanticipated increases in demand for
employment and training services and encourage a rapid
execution of funding throughout the program year to address
these needs throughout the country.
The conference agreement includes $84,451,000 for migrant
and seasonal farmworker formula grants. The conferees direct
that $5,689,000 shall be for migrant and seasonal farmworker
housing grants, of which not less than 70 percent of this
amount shall be used for permanent housing grants. The
conferees further direct the Department of Labor to submit
annual reports documenting the use of farmworker housing funds.
The reports should include information on the amount of funds
used for permanent and temporary housing activities,
respectively; a list of the communities served; a list of the
grantees and the states in which they are located; the total
number of individuals or families served; and a list of
allowable temporary housing activities.
The conference agreement includes $50,000,000 for the
Workforce Innovation Fund.
The conference agreement includes new language that
provides that funding previously made available under Public
Law 112-10 designated for young parents training grants may be
used for research and implementation activities related to the
VOW to Hire Heroes Act of 2011 and other pilots,
demonstrations, and research activities.
The conferees note that the National Guard's Youth
ChalleNGe program at the Department of Defense provides a
structured high school curriculum in a residential setting for
16- to 18-year old high school dropouts across 27 states.
However, the success of this program is hindered by the lack of
a formalized employment training component. As the Department
of Labor has a long history with such endeavors, the conferees
encourage the Secretary of Labor to work with the Department of
Defense, providing technical assistance and guidance where
needed, in establishing a vocational training component within
the Youth ChalleNGe program.
The conference agreement includes a directive for the
Government Accountability Office to assess the capabilities of
the Adult and Dislocated Worker Employment and Training
programs to adequately prepare participants for currently
available jobs. The study shall include, but is not limited to,
the following:
1. An evaluation of the means by which Workforce
Investment Act (WIA) local areas identify currently available
jobs and the skills required for those jobs in potential growth
sectors of the economy. This may include an evaluation of
decisions by regional and local WIA areas and an assessment of
the quality of available labor market information and job
projections.
2. An evaluation of the means by which WIA local areas
direct program participants to prepare or train for currently
or soon-to-be available jobs in the WIA area. To the extent
that prospects for employment are greater outside the WIA area,
the evaluation will assess the extent to which WIA areas help
the participants of the programs prepare or train for these
jobs.
3. A compilation of any recommendations on how
participants may be better prepared for current openings and
for openings in growth sectors of the economy.
The conference agreement includes $6,475,000 for the
Workforce Data Quality Initiative.
OFFICE OF JOB CORPS
The conference agreement includes $1,706,171,000 for the
Office of Job Corps (OJC). The budget request includes
$1,033,747,000 in fiscal year 2012 funding and, in addition,
$666,000,000 in advance funding for fiscal year 2013. The
conferees provide full funding for OJC in fiscal year 2012,
eliminating the need for advance appropriations, and direct the
Secretary of Labor to submit future budget requests for OJC
without advance appropriations beginning with the fiscal year
2013 budget submission.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
The conference agreement includes $449,100,000 for
Community Service Employment for Older Americans.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS
The conference agreement includes $4,094,672,000 for
State Unemployment Insurance and Employment Service Operations,
including a total of $60,000,000 to conduct in-person
reemployment and eligibility assessments (REA) and unemployment
insurance improper payment reviews.
The conference agreement for Unemployment Insurance (UI)
State operations does not explicitly include funds for the
expansion of REAs or for the new initiative requested for UI
operations incentive grants for improved operations. Funds not
required for workload should be used by the Department to
increase REA funding and other activities to address improper
payments, to fund State requests for technology improvement
funding, and to initiate performance improvement grants.
The conference agreement does not include funding
requested for expansion of the worker misclassification
initiative.
PROGRAM ADMINISTRATION
The conference agreement includes $147,360,000 for
Program Administration.
The conference agreement does not include funding
requested for expansion of the worker misclassification
initiative.
Employee Benefits Security Administration
SALARIES AND EXPENSES
The conference agreement includes $183,500,000 for the
Employee Benefits Security Administration.
Wage and Hour Division
SALARIES AND EXPENSES
The conference agreement includes $227,491,000 for the
Wage and Hour Division.
The conference agreement does not include funding
requested for expansion of the worker misclassification
initiative.
Office of Federal Contract Compliance Programs
SALARIES AND EXPENSES
The conference agreement includes $105,386,000 for the
Office of Federal Contract Compliance Programs.
The conference agreement does not include funding
requested for expansion of the worker misclassification
initiative.
Occupational Safety and Health Administration
SALARIES AND EXPENSES
The conference agreement includes $565,857,000 for the
Occupational Safety and Health Administration (OSHA).
The conferees note that OSHA's National Emphasis Program
(NEP) on Recordkeeping has been underway since October, 2009,
to assess the accuracy of injury and illness data recorded by
employers. The conferees direct the Secretary of Labor to
submit a report, not later than 90 days after enactment of this
Act, to the Committees on Appropriations of the House and the
Senate detailing the findings of this NEP, as well as other
Department activities, related to the accuracy of employer
reporting of injury and illness data.
Mine Safety and Health Administration
SALARIES AND EXPENSES
The conference agreement includes $374,000,000 for the
Mine Safety and Health Administration (MSHA).
The conference agreement provides sufficient funding to
improve MSHA's emergency response operations and rescue
capabilities through the upgrade of emergency response
equipment and the purchase and deployment of new underground
mine rescue communications systems for mine rescue teams,
continue making progress on the elimination of the backlog of
mine safety and health appeals, support the reorganization and
strengthening of the Office of Accountability within the
assessments line, upgrade the Mt. Hope laboratory, continue the
coal dust spot inspection program, and acquire continuous
personal dust monitors for MSHA personnel.
Bureau of Labor Statistics
SALARIES AND EXPENSES
The conference agreement includes $610,224,000 for the
Bureau of Labor Statistics (BLS).
General Provisions
JOB CORPS COMPENSATION
The conference agreement modifies a provision that
prohibits the use of Job Corps funding from being used to
compensate an individual at a rate in excess of Executive Level
II.
American Competitiveness and Workforce Improvement Act
The conference agreement modifies a provision relating to
grants made from the Department of Labor under the authority of
the American Competitiveness and Workforce Improvement Act.
EMPLOYMENT AND TRAINING ADMINISTRATION COMPENSATION
The conference agreement modifies a provision to prohibit
the use of funds provided to the Employment and Training
Administration for the compensation of any individual at a rate
in excess of Executive Level II.
TRANSFER AUTHORITY FOR TECHNICAL ASSISTANCE SERVICES
The conference agreement modifies a provision providing
the Secretary of Labor with the authority to transfer funds
made available to the Employment and Training Administration by
this Act, or by Public Law 112-10, for technical assistance
services to Program Administration.
DEFINITION OF FIDUCIARY REGULATION
The conference agreement includes a new provision
relating to the ``Definition of Fiduciary'' regulation being
developed by the Employee Benefits Security Administration
(Regulatory Identification Number 1210-AB32). The conferees
understand that it is the Secretary of Labor's intention to
formally withdraw this proposed rule upon the issuance of a new
notice of proposed rulemaking (NPRM). This section shall not be
construed as preventing the Secretary from publishing a new or
revised NPRM relating to the definition of a fiduciary,
provided that interested parties and stakeholders are afforded
a sufficient opportunity to review and comment on the proposed
rulemaking.
WAGE METHODOLOGY FOR THE TEMPORARY NON-AGRICULTURAL EMPLOYMENT H-2B
PROGRAM REGULATION
The conference agreement modifies a provision relating to
the ``Wage Methodology for the Temporary Non-Agricultural
Employment H-2B Program'' regulation published by the
Employment and Training Administration.
OCCUPATIONAL INJURY AND ILLNESS RECORDING AND REPORTING REQUIREMENTS--
MUSCULOSKELETAL DISORDERS (MSD) COLUMN REGULATION
The conference agreement includes a new provision
relating to the ``Occupational Injury and Illness Recording and
Reporting Requirements--Musculoskeletal Disorders (MSD)
Column'' regulation being developed by the Occupational Safety
and Health Administration.
LOWERING MINERS' EXPOSURE TO COAL MINE DUST, INCLUDING CONTINUOUS
PERSONAL DUST MONITORS REGULATION
The conference agreement includes a new provision
relating to the ``Lowering Miners' Exposure to Coal Mine Dust,
Including Continuous Personal Dust Monitors'' regulation being
developed by the Mine Safety and Health Administration (MSHA).
This section is not intended to restrict MSHA's ability to
enforce the current rule while this section is in effect or
address any compliance assistance or training needs arising
from the publication of the final rule during the effective
period of this section.
OVERTIME EXEMPTIONS FOR SERVICE ADVISORS IN AUTOMOTIVE DEALERSHIPS
The conference agreement includes a new provision
relating to overtime exemptions as defined by the Fair Labor
Standards Act.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
The conference agreement includes $6,450,534,000 for the
Health Resources and Services Administration (HRSA). In
addition, $25,000,000 is made available under section 241 of
the Public Health Service (PHS) Act.
The conference agreement includes bill language that
divides HRSA into several accounts to improve transparency and
accountability. The conferees direct that future budget
requests reflect this new structure.
PRIMARY HEALTH CARE
The conference agreement includes $1,598,957,000 for
Primary Health Care.
HEALTH WORKFORCE
The conference agreement includes $734,402,000 for Health
Workforce.
Within the funds provided for Training in Oral Health
Care, the conferees include $7,563,000 each for general and
pediatric dentistry.
The conference agreement includes language prohibiting
health workforce funds to be used for section 340G-1, the
Alternative Dental Health Care Providers Demonstration
programs.
Within the funds provided for Public Health and
Preventive Medicine Programs, the conferees direct HRSA to fund
preventive medicine residencies at no less than fiscal year
2011 levels. The conferees have provided sufficient funding for
a national coordinating center and $2,500,000 for grants to
incorporate competency-based integrative medicine curricula in
graduate medical education.
Within the funds for Advanced Education Nursing, the
conferees direct HRSA to allocate funding for nurse anesthetist
education at no less than fiscal year 2011 levels.
MATERNAL AND CHILD HEALTH
The conference agreement includes $863,607,000 for
Maternal and Child Health.
The conference agreement includes bill language setting
aside $79,586,000 for Special Projects of Regional and National
Significance (SPRANS). The agreement includes sufficient
funding to continue State grants and the set-asides for oral
health, epilepsy, sickle cell, and fetal alcohol syndrome at no
less than fiscal year 2011 levels.
Within the funding provided for the Autism and Other
Related Developmental Disorders program, the conferees direct
HRSA to fund the Leadership Education in Neurodevelopmental and
Related Disabilities (LEND) program at no less than fiscal year
2011 levels.
RYAN WHITE HIV/AIDS PROGRAMS
The conference agreement includes $2,351,665,000 for Ryan
White HIV/AIDS Programs, of which $2,326,665,000 is provided as
budget authority and $25,000,000 is made available under
section 241 of the Public Health Service Act.
The conferees intend that HRSA allocate funds for the
Minority AIDS Initiative within the Ryan White HIV Programs at
no less than the fiscal year 2011 funding level.
HEALTH CARE SYSTEMS
The conference agreement includes $83,526,000 for Health
Care Systems.
RURAL HEALTH
The conference agreement includes $139,832,000 for Rural
Health.
Rural Outreach Models.--The conferees recognize the
continuing challenges facing rural communities in providing
adequate healthcare services. The conferees urge HRSA to
consider projects that demonstrate new and innovative models of
outreach in rural areas, such as the integration and
coordination of health services; the utilization of
technologies to improve access to health services; distance
education for health professionals; and activities that improve
mental healthcare services in rural areas.
FAMILY PLANNING
The conference agreement includes $297,400,000 for Family
Planning.
PROGRAM MANAGEMENT
The conference agreement includes $161,815,000 for
Program Management.
Centers for Disease Control and Prevention
The conference agreement includes $5,667,735,000 in
discretionary appropriations for the Centers for Disease
Control and Prevention (CDC). In addition, $371,357,000 is made
available under section 241 of the Public Health Service (PHS)
Act.
The conference agreement includes bill language that
divides CDC into several accounts to improve transparency and
accountability. The conferees direct that future budget
requests, to include the fiscal year 2013 budget request,
reflect this new structure. Further, the conferees direct CDC
to provide additional programmatic information in budget
justifications beginning in fiscal year 2014. This information
shall be included for every activity identified in this
Statement of the Managers and shall include: a short
description of the nature of CDC's work on a particular
subject; the number of new and continuing grants made; the
average grant size; and a State-by-State table for any formula-
based funding. The conferees understand that the fiscal year
2013 justification is already in draft form; therefore, the
conferees expect an operating plan 90 days after enactment of
this Act that details spending levels for all CDC budget lines
included in this Statement of the Managers.
Extramural Research.--The conferees request a report from
CDC by March 1 of each year that details the breakdown of
intramural and extramural funding for each program of the
various offices and centers at CDC. This report shall include
the amount of funding in each Center dedicated to
administrative activities.
IMMUNIZATION AND RESPIRATORY DISEASES
The conference agreement includes $579,375,000 for
Immunization and Respiratory Diseases. In addition, $12,864,000
is made available under section 241 of the PHS Act.
Within the program level total for Immunization and
Respiratory Diseases, the conference agreement includes the
following amounts:
------------------------------------------------------------------------
Budget activity Conference
------------------------------------------------------------------------
Section 317 Immunization Program........................ $369,553,000
Program Operations...................................... 63,005,000
National Immunization Survey........................ 12,864,000
Influenza............................................... 159,681,000
------------------------------------------------------------------------
HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES AND
TUBERCULOSIS PREVENTION
The conference agreement includes $1,105,995,000 for HIV/
AIDS, Viral Hepatitis, Sexually Transmitted Diseases and
Tuberculosis Prevention.
Within the total for HIV/AIDS, Viral Hepatitis, Sexually
Transmitted Diseases, and Tuberculosis Prevention, the
conference agreement includes the following amounts:
------------------------------------------------------------------------
Budget activity Conference
------------------------------------------------------------------------
Domestic HIV/AIDS Prevention and Research:
HIV Prevention by Health Departments................ $336,912,000
HIV Surveillance.................................... 117,667,000
National/Regional/Local/Community/Other............. 138,059,000
Enhanced HIV Testing................................ 65,401,000
Improving Program Effectiveness..................... 102,406,000
School Health....................................... 30,000,000
Viral Hepatitis......................................... 19,784,000
Sexually Transmitted Diseases........................... 154,666,000
Tuberculosis............................................ 141,100,000
------------------------------------------------------------------------
Within the total for Domestic HIV/AIDS Prevention and
Research programs, the conference agreement provides funding at
no less than the fiscal year 2011 level to support activities
that are targeted to address the growing HIV/AIDS epidemic and
its disparate impact on communities of color, including African
Americans, Latinos, Native Americans, Asian Americans, Native
Hawaiians, and Pacific Islanders.
EMERGING AND ZOONOTIC INFECTIOUS DISEASES
The conference agreement includes $253,919,000 for
Emerging and Zoonotic Infectious Diseases.
Within the total for Emerging and Zoonotic Infectious
Diseases, the conference agreement includes the following
amounts:
------------------------------------------------------------------------
Budget activity Conference
------------------------------------------------------------------------
Vector-borne Diseases................................... $23,232,000
Lyme Disease............................................ 8,773,000
Food Safety............................................. 27,172,000
Prion Disease........................................... 5,000,000
Chronic Fatigue Syndrome................................ 4,737,000
Emerging Infectious Diseases............................ 124,151,000
National Healthcare Safety Network...................... 14,872,000
Quarantine.............................................. 26,032,000
------------------------------------------------------------------------
Lyme Disease.--The conferees encourage CDC to expand its
activities related to developing sensitive and more accurate
diagnostic tools and tests for Lyme disease, including the
evaluation of emerging diagnostic methods and improving
utilization of diagnostic testing to account for the multiple
clinical manifestations of acute and chronic Lyme disease. CDC
is encouraged to expand its epidemiological research activities
on tick-borne diseases, to include an objective to determine
the long-term course of illness for Lyme disease and to improve
surveillance and reporting of Lyme and other tick-borne
diseases in order to produce more accurate data on their
prevalence. Finally, the conferees encourage CDC to evaluate
the feasibility of developing a national reporting system on
Lyme disease, including laboratory reporting; and to expand
prevention of Lyme and tick-borne diseases through increased
community-based public education and creating a physician
education program that includes the full spectrum of scientific
research on the diseases.
CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION
The conference agreement includes $760,700,000 for
Chronic Disease Prevention and Health Promotion.
Within the total for Chronic Disease Prevention and
Health Promotion, the conference agreement includes the
following amounts:
------------------------------------------------------------------------
Budget activity Conference
------------------------------------------------------------------------
Tobacco................................................. $108,685,000
Nutrition, Physical Activity, and Obesity............... 34,189,000
School Health........................................... 13,600,000
Food Allergies...................................... 488,000
Health Promotion........................................ 17,682,000
Community Health Promotion.......................... 6,141,000
Glaucoma............................................ 3,337,000
Visual Screening Education.......................... 511,000
Alzheimer's Disease................................. 1,812,000
Inflammatory Bowel Disease.......................... 680,000
Interstitial Cystitis............................... 654,000
Excessive Alcohol Use............................... 2,454,000
Chronic Kidney Disease.............................. 2,093,000
Prevention Research Centers............................. 18,001,000
Heart Disease and Stroke................................ 55,284,000
Diabetes................................................ 64,796,000
Cancer Prevention and Control........................... 350,332,000
Breast and Cervical Cancer.......................... 206,001,000
WISEWOMAN....................................... 20,745,000
Breast Cancer Awareness for Young Women............. 4,908,000
Cancer Registries................................... 50,295,000
Colorectal Cancer................................... 43,070,000
Comprehensive Cancer................................ 20,313,000
Johanna's Law....................................... 5,000,000
Ovarian Cancer...................................... 4,909,000
Prostate Cancer..................................... 13,188,000
Skin Cancer......................................... 2,150,000
Cancer Survivorship Resource Center................. 498,000
Oral Health............................................. 14,726,000
Safe Motherhood/Infant Health........................... 44,049,000
Other Chronic Diseases.................................. 25,338,000
Arthritis........................................... 13,075,000
Epilepsy............................................ 7,801,000
National Lupus Patient Registry..................... 4,462,000
Community Grants........................................ 14,018,000
Healthy Communities................................. 0
REACH............................................... 14,018,000
------------------------------------------------------------------------
The conferees expect the Office of Smoking and Health to
transfer no less than the amount it did in fiscal year 2011 to
the Environmental Health Laboratory. The conferees intend that
this transfer is to be provided to the lab in a manner that
supplements and in no way replaces existing funding for
tobacco-related activities.
The conferees are pleased to learn that CDC has decided
to retain the Division of Oral Health. This action is supported
by a recent Institute of Medicine (IOM) report titled
``Advancing Oral Health in America'' that recommends oral
health be given a high priority within HHS. This decision will
allow CDC to focus on the prevention and elimination of oral
disease, support state oral health infrastructure programs, and
improve the coordination of oral health activities with other
chronic disease prevention activities.
BIRTH DEFECTS AND DEVELOPMENTAL DISEASES
The conference agreement includes $138,072,000 for birth
defects and developmental diseases.
The conferees have rejected the consolidation proposed in
the fiscal year 2012 budget for disability initiatives in the
National Center on Birth Defects and Developmental Disabilities
(NCBDDD). The conferees direct that any new consolidation put
forward by the administration be accompanied by an assessment
of the needs of people with disabilities that includes the
categories of disabilities currently served, validates the
value of such a consolidation, considers the input of
stakeholders, and establishes the basis for any proposed
efficiencies and commonalities.
Within the total for Birth Defects and Developmental
Diseases, the conference agreement includes the following
amounts:
------------------------------------------------------------------------
Budget activity Conference
------------------------------------------------------------------------
Child Health and Development............................ $62,295,000
Birth Defects....................................... 20,304,000
Craniofacial Malformation........................... 1,809,000
Fetal Death......................................... 808,000
Fetal Alcohol Syndrome.............................. 9,891,000
Folic Acid.......................................... 2,795,000
Infant Health....................................... 7,925,000
Autism.............................................. 21,380,000
Health and Development for People with Disabilities..... 56,920,000
Disability & Health (incl. Child Development)....... 17,893,000
Limb Loss........................................... 2,836,000
Tourette Syndrome................................... 1,701,000
Early Hearing Detection and Intervention............ 10,672,000
Muscular Dystrophy.................................. 5,865,000
Paralysis Resource Center........................... 6,739,000
Attention Deficit Hyperactivity Disorder............ 1,718,000
Fragile X........................................... 1,684,000
Spina Bifida........................................ 5,812,000
Congenital Heart Failure............................ 2,000,000
Public Health Approach to Blood Disorders............... 18,857,000
Hemophilia.......................................... 16,670,000
Thallasemia......................................... 1,861,000
------------------------------------------------------------------------
Congenital Heart Disease.--The conferees are concerned
that there is a lack of rigorous epidemiological and
longitudinal data on individuals of all ages with congenital
heart disease and has included funding to begin to compile this
information. The conferees are particularly interested in
information on prevalence, barriers to effective care, survival
outcomes and neurocognitive outcomes.
PUBLIC HEALTH SCIENTIFIC SERVICES
The conference agreement includes $144,795,000 for public
health scientific services. In addition, $247,769,000 is made
available under section 241 of the PHS Act.
Within the total for Public Health Scientific Services,
the conference agreement includes the following amounts:
------------------------------------------------------------------------
FY 2012
Budget activity Committee
------------------------------------------------------------------------
Health Statistics....................................... 138,683,000
Surveillance, Epidemiology, and Infomatics.............. 217,747,000
Public Health Workforce................................. 36,134,000
------------------------------------------------------------------------
The conferees remain supportive of the Primary
Immunodeficiency Education and Awareness Program. The program
has successfully leveraged federal money and private
contributions to improve the quality of life for these
patients.
ENVIRONMENTAL HEALTH
The conference agreement includes $105,598,000 for
environmental health programs.
Within the total for Environmental Health, the conference
agreement includes the following amounts:
------------------------------------------------------------------------
Budget activity Conference
------------------------------------------------------------------------
Environmental Health Laboratory......................... $42,628,000
Newborn Screening Quality Assurance Program........... 6,865,000
Newborn Screening/Severe Combined Immuno. Diseases.... 970,000
Environmental Health Activities......................... 35,526,000
Safe Water............................................ 7,150,000
Volcanic Emissions.................................... 197,000
Environmental and Health Outcome Tracking............. 0
Amyotrophic Lateral Sclerosis (ALS) Registry.......... 5,903,000
Climate Change........................................ 7,401,000
Built Environment and Health Initiative............... 2,634,000
Asthma.................................................. 25,444,000
Lead Poisoning.......................................... 2,000,000
------------------------------------------------------------------------
The conferees direct CDC to continue its support of the
National Asthma Control Program as currently structured.
The conferees intend that the funds provided for the CDC
lead poisoning program be used to maintain expertise and
analysis at the national level and to provide a resource for
States and localities.
INJURY PREVENTION AND CONTROL
The conference agreement includes $138,480,000 for injury
prevention and control activities.
Within the total for Injury Prevention and Control, the
conference agreement includes the following amounts:
------------------------------------------------------------------------
Budget activity Conference
------------------------------------------------------------------------
Intentional Injury...................................... $93,690,000
Domestic Violence and Sexual Violence................. 31,315,000
Child Maltreatment.............................. 6,974,000
Youth Violence Prevention............................. 15,000,000
Domestic Violence Community Projects.................. 5,423,000
Rape Prevention....................................... 39,474,000
Unintentional Injury.................................... 31,315,000
Traumatic Brain Injury................................ 6,039,000
Elderly Falls......................................... 1,963,000
Injury Control Research Centers......................... 9,996,000
National Violent Death Reporting System................. 3,479,000
------------------------------------------------------------------------
NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH
The conference agreement includes $182,903,000 for
Occupational Safety and Health. In addition, $110,724,000 is
made available under section 241 of the PHS Act.
Within the total for Occupational Safety and Health, the
conference agreement includes the following amounts:
------------------------------------------------------------------------
FY 2012
Budget activity Committee
------------------------------------------------------------------------
Education and Research Centers.......................... $24,321,000
Personal Protective Technology.......................... 16,828,000
Healthier Workforce Centers............................. 5,026,000
National Occupational Research Agenda................... 111,367,000
Mining Research......................................... 52,687,000
Other Occupational Safety and Health Research........... 83,398,000
Miners Choice......................................... 647,000
National Mesothelioma Registry and Tissue Bank........ 1,022,000
------------------------------------------------------------------------
Within the total for the National Occupational Research
Agenda, the conferees provide no less than fiscal year 2011
levels for the Agriculture, Forestry, and Fishing Program.
ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM
The conference agreement includes $55,358,000 for CDC's
responsibilities with respect to the Energy Employee
Occupational Illness Compensation Program.
GLOBAL HEALTH
The conference agreement includes $349,547,000 for global
health activities.
Within the total for Global Health, the conference
agreement includes the following amounts:
------------------------------------------------------------------------
FY 2012
Budget activity Committee
------------------------------------------------------------------------
Global AIDS Program..................................... $118,023,000
Global Immunization Program............................. 160,854,000
Polio Eradication..................................... 111,597,000
Other Global/Measles.................................. 49,257,000
Global Disease Detection and Emergency Response......... 41,902,000
Parasitic Diseases/Malaria.............................. 19,467,000
Global Public Health.................................... 9,301,000
------------------------------------------------------------------------
PUBLIC HEALTH PREPAREDNESS AND RESPONSE
The conference agreement includes $1,306,906,000 for
public health preparedness and response activities.
Within the total for Public Health Preparedness and
Response, the conference agreement includes the following
amounts:
------------------------------------------------------------------------
Budget activity Conference
------------------------------------------------------------------------
Public Health Emergency Preparedness Cooperative $643,069,000
Agreements.............................................
Centers for Public Health Preparedness.................. 7,997,000
Advanced Practice Centers............................... 0
All Other State and Local Capacity...................... 7,784,000
CDC Preparedness and Response........................... 138,570,000
BioSense.............................................. 20,772,000
Lab Reporting......................................... 8,092,000
Strategic National Stockpile............................ 509,486,000
------------------------------------------------------------------------
CDC-WIDE ACTIVITIES
The conference agreement includes $621,445,000 for CDC-
wide activities.
Within the total for CDC-Wide Activities, the conference
agreement includes the following amounts:
------------------------------------------------------------------------
FY 2012
Budget activity Committee
------------------------------------------------------------------------
Preventive Health/Health Services Block................. $80,000,000
Business Services Support............................... 397,026,000
Buildings and Facilities................................ 25,000,000
Public Health Leadership................................ 119,419,000
------------------------------------------------------------------------
The conference agreement includes language making Vessel
Sanitation Program user fees available through September 30,
2013.
Working Capital Fund.--The conferees have included bill
language that allows CDC to begin creating a Working Capital
Fund (WCF) to achieve greater cost efficiencies across the
administrative operations of the agency. The conferees expect
this WCF to begin making disbursements no sooner than fiscal
year 2014. CDC shall notify the House and Senate Committees on
Appropriations prior to any funds being transferred to or
deposited in the WCF.
The conferees direct CDC to create a strong auditing
system for the WCF, which shall include annual auditing of the
calculation by which programs are charged to ensure that WCF
funds are used solely for administrative costs and that CDC
Centers and Offices are not over-charged for services. The
conferees instruct that the structure of the WCF shall assume
no more than a 2 year availability of any funds within it, that
no construction of facilities shall be allowable costs, and
that all allowable costs are clearly defined. The conferees
further direct that the governance system be designed to
include a role for all Center Directors in overseeing the costs
incurred. The Committees on Appropriations expect quarterly
briefings on the progress being made in drafting the charter
and the methodology being used to set up the WCF.
Within the amount provided for Business Services, the
conferees have made $30,000,000 available until September 30,
2013.
National Institutes of Health
The conference agreement includes $30,689,990,000 for the
accounts that comprise the National Institutes of Health (NIH)
total appropriation. This total does not include any funding
for the Global Fund to Fight AIDS, Tuberculosis and Malaria;
the conferees understand that all fiscal year 2012 funding for
the Global Fund is provided through Division I (Department of
State, Foreign Operations, and Related Programs). The
conference agreement continues the allocation to NIH of
$8,200,000 in program evaluation set-aside funding.
Appropriation levels for individual institutes and centers are
described in the table at the end of this statement of
managers.
The conferees recognize NIH's mission to invest in basic
biomedical research and apply that knowledge to enhance our
Nation's health and well-being, lengthen life, and reduce the
burdens of illness and disability. NIH is strongly urged to
ensure its policies continue to support a robust extramural
community and make certain sufficient research resources are
available to the more than 300,000 NIH-supported scientists at
over 3,100 institutions across the country. The conferees
affirm the critical importance of new and competing research
project grants (RPGs) to the mission of NIH and are concerned
that in the past few years, NIH has failed to support the
number of new, competing RPGs that it estimated would be
awarded in its annual congressional budget justifications. The
conferees expect NIH to evaluate its new grant-estimating
methodology to improve its accuracy and support as many
scientifically meritorious new and competing RPGs as possible,
at a reasonable award level, with the funding provided in this
Act.
In recent years, extramural research has accounted for
nearly 90 percent of NIH's budget. The conferees strongly urge
NIH to maintain at least that level in fiscal year 2012. NIH
should also establish safeguards to ensure the percentage of
funds used to support basic research across NIH is maintained.
The Office of the Director (OD) shall ensure, as
practicable, the programs and offices within OD receive
increases proportional to the overall increase, unless
otherwise specified. The conferees request quarterly
notification on obligations from the NIH Director's
Discretionary Fund to the Committees on Appropriations of the
House of Representatives and the Senate.
The conferees expect NIH to continue the long-standing
policy for Common Fund projects to be short-term, high-impact
awards, with no projects receiving funding for more than 10
years. The conferees recognize that certain investigator-
initiated programs such as Pioneer Awards may be exceptions to
the 10-year limit. Any other proposed exceptions should be
explained in the fiscal year 2013 congressional budget
justification.
The conference agreement includes language to eliminate
the National Center for Research Resources (NCRR) and create
the National Center for Advancing Translational Sciences
(NCATS).
NCATS will study steps in the therapeutics development
and implementation process, consult with experts in academia
and the biotechnology and pharmaceutical industries to identify
bottlenecks in the processes that are amenable to re-
engineering, and develop new technologies and innovative
methods for streamlining the processes. In order to evaluate
these innovations and new approaches, NCATS will undertake
targeted therapeutics development and implementation projects.
In all of these efforts, the conferees expect that NCATS will
complement, not compete with, the efforts of the private
sector.
While the conferees welcome the creation of NCATS, they
were disappointed by the way the administration requested it.
The President's proposed budget for fiscal year 2012 included a
vague description of NCATS but did not formally request funding
for the restructuring or provide any details about which
components of NIH would be consolidated into the new Center.
The failure to do so caused unnecessary uncertainty about the
proposal and contributed to the impression that it was being
rushed. The conferees are also aware of concerns that the NIH
process for evaluating the merits of the NCATS reorganization
did not comply with the NIH Reform Act of 2006 with respect to
the role of the Scientific Management Review Board (SMRB).
Lessons learned with NCATS should guide NIH as it
considers another proposed restructuring, one that would
involve consolidating NIDA, NIAAA and components of other
Institutes and Centers (ICs) into a new Institute devoted to
research on substance use, abuse and addiction. The conferees
understand that NIH plans to adopt a more deliberate approach
in evaluating the need for this Institute. The conferees
strongly recommend that this approach should include full
consideration by the SMRB and that if the administration
ultimately decides to seek such a restructuring, it should
provide sufficient details in a formal budget request to
Congress.
The following table provides the specific funding levels
for the institutes and centers and displays the comparable
adjustments related to the reorganization.
----------------------------------------------------------------------------------------------------------------
FY 2011
(Dollars in thousands) FY 2011 Reallocation Reorganization FY 2012
Enacted* of resources comparable Enacted
----------------------------------------------------------------------------------------------------------------
National Cancer Institute (NCI)................. $5,058,577 -4,163 $5,054,414 $5,081,788
Therapeutics for Rare and Neglected Disease .............. -4,163 .............. ..............
(TRND).....................................
National Heart, Lung, and Blood Institute 3,069,723 -1,489 3,068,234 3,084,851
(NHLBI)........................................
Clinical Research Resources................. .............. +995
Biotechnology Research Resources............ .............. +29
Research Management & Support............... .............. +14
TRND........................................ .............. -2,527
National Institute of Dental & Craniofacial 409,608 -337 409,271 411,488
Research (NIDCR)...............................
TRND........................................ .............. -337 0
Nat. Inst. of Diabetes & Digestive & Kidney 1,792,224 -1,476 1,790,748 1,800,447
Diseases (NIDDK)...............................
TRND........................................ .............. -1,476
National Institute of Neurological Disorders and 1,622,003 -1,335 1,620,668 1,629,445
Stroke (NINDS).................................
TRND........................................ .............. -1,335
National Institute of Allergy and Infectious 4,478,668 -3,689 4,474,979 4,499,215
Diseases (NIAID)...............................
TRND........................................ .............. -3,689
National Institute of General Medical Sciences 2,033,782 +338,010 2,371,792 2,434,637
(NIGMS)........................................
Institutional Development Awards (IDeA)..... .............. +226,480
Biotechnology Research Resources............ .............. +97,114 .............. ..............
Research Infrastructure..................... .............. +8,853 .............. ..............
Research Management & Support............... .............. +7,237 .............. ..............
TRND........................................ .............. -1,674 .............. ..............
Nat. Inst. of Child Health and Human Development 1,317,854 -1,085 1,316,769 1,323,900
(NICHD)........................................
TRND........................................ .............. -1,085
National Eye Institute (NEI).................... 700,828 -577 700,251 704,043
TRND........................................ .............. -577 .............. ..............
National Institute of Environmental Health 683,724 -555 683,169 686,869
Sciences (NIEHS)...............................
TRND........................................ .............. -555
National Institute on Aging (NIA)............... 1,100,481 -906 1,099,575 1,105,530
TRND........................................ .............. -906 .............. ..............
Nat. Inst. Arthritis & Musculoskeletal & Skin 534,349 -440 533,909 536,801
Diseases (NIAMS)...............................
TRND........................................ .............. -440 .............. ..............
Nat. Inst. on Deafness & Other Communication 415,155 -341 414,814 417,061
Disorders (NIDCD)..............................
TRND........................................ .............. -341 .............. ..............
National Institute of Mental Health (NIMH)...... 1,476,294 -1,215 1,475,079 1,483,068
TRND........................................ .............. -1,215 .............. ..............
National Institute on Drug Abuse (NIDA)......... 1,050,542 -865 1,049,677 1,055,362
TRND........................................ .............. -865 .............. ..............
National Institute on Alcohol Abuse and 458,286 -377 457,909 460,389
Alcoholism (NIAAA).............................
TRND........................................ .............. -377 .............. ..............
National Institute of Nursing Research (NINR)... 144,381 -119 144,262 145,043
TRND........................................ .............. -119
National Human Genome Research Institute (NHGRI) 511,497 -421 511,076 513,844
TRND........................................ .............. -421 .............. ..............
National Institute of Biomedical Imaging and 313,802 +23,370 337,172 338,998
Bioengineering (NIBIB).........................
Biotechnology Research Resources............ .............. +22,977 .............. ..............
Research Management & Support............... .............. +651 .............. ..............
TRND........................................ .............. -258 .............. ..............
National Institute on Minority Health and Health 209,714 +65,757 275,471 276,963
Disparities (NIMHD)............................
Research Centers in Minority Institutions... .............. +58,686 .............. ..............
Biotechnology Research Resources............ .............. +1,784 .............. ..............
Research Infrastructure..................... .............. +2,578 .............. ..............
Research Management & Support............... .............. +2,882 .............. ..............
TRND........................................ .............. -173 .............. ..............
National Center for Research Resources (NCRR)... 1,257,754 -1,257,754 0 0
National Center for Complementary and 127,713 -105 127,608 128,299
Alternative Medicine (NCCAM)...................
TRND........................................ .............. -105 .............. 0
John E. Fogarty International Center (FIC)...... 69,436 -58 69,378 69,754
TRND........................................ .............. -58 .............. 0
National Library of Medicine (NLM).............. 336,733 -277 336,456 338,278
TRND........................................ .............. -277 .............. 0
Office of the Director (OD)..................... 1,166,963 +287,042 1,454,005 1,461,880
Comparative Medicine (incl. Nat'l Primate .............. +194,921 .............. ..............
Res. Centers)..............................
Shared & High-end Instrumentation........... .............. +64,114 .............. ..............
Clinical Research Resources................. .............. +769 .............. ..............
Biotechnology Research Resources............ .............. +8,505 .............. ..............
Research Infrastructure..................... .............. +6,655 .............. ..............
Research Management & Support............... .............. +9,594 .............. ..............
Science Education Partnership Award......... .............. +18,480 .............. ..............
Clinical Research Resources................. .............. +534 .............. ..............
Biotechnology Research Resources............ .............. +552 .............. ..............
Research Management & Support............... .............. +716 .............. ..............
Office of Rare Diseases Research............ .............. -17,798 .............. ..............
National Center for Advancing Translational 0 +563,405 563,405 576,456
Sciences (NCATS)...............................
Clinical & Translational Science Awards .............. +457,700 .............. ..............
(CTSAs)....................................
Clinical Research Resources................. .............. +27,879 .............. ..............
Biotechnology Research Resources............ .............. +18,633 .............. ..............
Research Management & Support............... .............. +16,316 .............. ..............
NCBI/PA..................................... .............. +1,079 .............. ..............
TRND........................................ .............. +24,000 .............. ..............
Office of Rare Diseases Research............ .............. +17,798 .............. ..............
Cures Acceleration Network (CAN)............ .............. 0 .............. ..............
----------------------------------------------------------------------------------------------------------------
Note: The FY 2011 enacted level does not include transfers.
Cures Acceleration Network (CAN).--The conferees provide
NCATS with up to $10,000,000 to support the CAN Board and
related activities. The conferees expect a high bar for any use
of waiver authority for CAN grant matching funds; any use
should be extremely limited to maximize funds towards the CAN
goals. The conferees encourage the CAN Board to create general
principles and measurable outcomes to track success. The
conferees request NCATS to charter an Institute of Medicine
(IOM) work group to review, evaluate, and identify issues
related to the CAN authority and provide a report for use by
the CAN Board to help it identify ways to accelerate and expand
the number of cures. The report should include a survey and
inventory of activities at NIH, FDA, AHRQ, CDC, the Patent and
Trademark Office (PTO), and in the private sector that relate
to the CAN program. The conferees urge IOM to include balanced
participation by the entities listed above as well as the
representatives of the pharmaceutical and biotechnology
industry and the biotech venture capital community. The report
should address patent authority, marketability, use of high-
throughput analysis, regulatory timelines, and cost structure
issues related to the purpose of CAN.
Accelerating Commercialization of Therapies to
Patients.--The conferees understand the need to develop models
to assist research universities and institutes on the best ways
to leverage and commercialize federally supported basic and
applied biomedical research discoveries. This is a key reason
why the conferees have agreed to create NCATS. The conferees
note the market has started to develop public-private sector
models that are beginning to show results in translating basic
research far more quickly than traditional models. These types
of models use pre-defined technology-licensing terms to rapidly
license new products and build a core of options for
commercialization partnerships with pharmaceutical and
biotechnology companies to establish joint ventures to further
advance products to the market. The conferees strongly urge NIH
to study and foster these models.
The conferees expect any NIH-supported partnerships to
expand translational pharmaceutical development in a manner
that does not inhibit creative market models. Top priorities of
the Center should include developing tools to improve the ``de-
risking'' process and advancing the drug development process to
the point at which it can reasonably be expected to be picked
up by the private sector. The conferees suggest the selection
of Center projects should consider future market acceptance as
one component of the criteria to evaluate and select potential
Center projects. The conferees direct NIH to host a trans-NIH
workshop with key research organizations, venture capitalists,
pharmaceutical firms, the PTO, the FDA, and a sample of
research universities and institutes to work together with NIH
and the drug development market. The workshop should also
consider how existing NIH and government mechanisms can be used
to encourage models around the country to speed
commercialization of therapies through a market-based approach.
Clinical and Translational Science Awards (CTSAs).--The
conferees are encouraged by the success of the CTSA consortium
and recommend the program receive full funding as it nears full
implementation. The conferees expect the NCATS Director to
ensure the current focus on the full spectrum of translational
research is maintained, and CTSA resources are not diverted.
The inclusion of patient-centered research, community
engagement, training, dissemination science, and behavioral
research is extremely important to the translation and
application of basic science discoveries and success of the
CTSAs. CTSAs now represent an investment of half a decade of
innovation in translational research. To ensure the benefits of
this investment are maintained, the conferees urge NIH to
support a study by the IOM that would evaluate the CTSA program
and recommend whether changes to the current mission are
needed. The review should include stakeholders' input and be
available no later than 18 months after the enactment of this
bill.
Therapeutics for Rare and Neglected Disease (TRND)
Program.--The conferees continue support for TRND at a level of
$24,000,000 within NCATS. The conferees urge NIH to provide an
annual report on the TRND program that identifies the number of
projects started each year, cost per project, and the outcome
of each project. The first report should be provided to the
Committees on Appropriations by July 1, 2012.
Institutional Development Awards.--The conferees provide
$276,480,000 to increase support for the Institutional
Development Awards (IDeA) program. The conferees recognize the
importance of the Centers of Biomedical Research Excellence
(COBRE) and the IDeA Networks of Biomedical Research Excellence
(INBRE) programs. The conferees believe the IDeA program has
made a significant contribution to biomedical research and
creating a skilled workforce. Therefore, the conferees provide
a $45,882,000 increase and recommend it be divided equally
toward a new COBRE competition and to support new awards for
the IDeA Clinical Trial and Translation Program to develop
infrastructure for clinical and translational research in IDeA
States. The conferees encourage the NIH Director to expand the
program to support co-funding of IDeA projects across NIH ICs
to foster the development of efforts in IDeA State programs.
Further, as an Office of Experimental Program to Stimulate
Competitive Research (EPSCoR) program, the focus of IDeA should
continue to be on improving the necessary infrastructure and
strengthening the biomedical research capacity and capability
of research institutions. Unfortunately, many institutions in
EPSCoR-qualifying States who could benefit from the IDeA
program are ineligible for funding. The conferees encourage NIH
to revise current eligibility criteria to take into account how
the decreasing success rate for R01 grants NIH-wide is
affecting IDeA eligibility. In particular, the conferees
believe the IDeA Director should have the authority to consider
funding institutions in any State that is EPSCoR eligible. The
conferees urge NIH to develop criteria to incorporate
flexibility into the program to address these concerns. The
conferees request an update on both the IDeA eligibility
criteria proposals and funding level by State and major
activities, to include the co-funding activity, in the fiscal
year 2013 congressional budget justification.
Third Party Collections 3-Year Pilot.--Since fiscal year
1997, Congress has included bill language authorizing NIH to
``collect third party payments for the cost of clinical
services that are incurred in NIH research facilities.'' NIH
has not yet exercised that authority. A recent study released
in September that was conducted by PricewaterhouseCoopers LLP
(PwC) found that there are numerous potential advantages as
well as potential disadvantages to implementing a third party
billing program. ``The potential use of third party billing
represents a significant investment and enduring change for the
NIH Clinical Center,'' the study states. ``As such, additional
efforts beyond the 14-week study represented in this report may
be undertaken to more fully consider the challenges associated
with the use of third party billing and the opportunities that
may exist.'' The conferees concur with this observation and
therefore direct NIH to conduct a 3-year pilot study to assess
the viability of third party reimbursement at NIH by looking at
one of the services commonly used by a significant number of
outpatients at some point in the patient's protocol. One
possible example would be radiology services, but this is not
the only option. The Committees on Appropriations expect to be
briefed on the proposed subject area and scope of the pilot
before it is finalized. The conferees include $10,000,000 for
the Clinical Center for the costs of building the billing
infrastructure for the pilot.
Neuroblastoma.--The conferees note the promising results
of a recent clinical trial using a chimeric antibody to treat
newly diagnosed neuroblastoma patients. The conferees support
efforts to facilitate access to this new therapy for relapsed
patients and request an update in the fiscal year 2013
congressional budget request.
Clinical Trials.--The conferees are aware of a 2010 IOM
study on clinical trials that identified a number of concerns
which may apply across all ICs.
The conferees direct NIH to conduct a trans-NIH review of
the applicability of the 12 IOM recommendations to all NIH ICs
that conduct clinical trials. The review should examine ways to
develop and strengthen NIH-wide policies with a focus on
opportunities to improve the incorporation of innovative
science, increase speed of initiation and completion, improve
the means of setting priorities, and develop better incentives
for participation in clinical trials.
The conferees note the report found it takes over 900
days to open a clinical trial, but trials supported through the
American Recovery and Reinvestment Act developed methods to
open studies within 90 days. The conferees encourage NIH to
consider guidance to incorporate the 90-day opening model into
other NIH-wide clinical trial activity.
The review should examine the policies of each IC
regarding funding for variable accrual costs per case, and
ensure consistent guidelines across NIH. Specifically, the
review should examine the viability and effect on speed of
opening trials of a multi-tier system in which payments for
cost-per-accrual vary according to the time required to open
the trial. Furthermore, the review should examine the methods
and processes ICs use to prioritize clinical trials based on
peer-review input, funding, and other ways to optimize
selection of studies.
The conferees request a report by September 30, 2012,
that identifies the findings, proposed policy changes,
implementation timeline, and key measures NIH will use to
monitor clinical trial activity.
Substance Abuse and Mental Health Services Administration
The conference agreement includes $3,354,313,000 for the
Substance Abuse and Mental Health Services Administration
(SAMHSA). In addition, the conference agreement makes available
$129,667,000 under section 241 of the Public Health Service
(PHS) Act.
The conference agreement includes bill language that
divides SAMHSA into several accounts to improve transparency
and accountability. The conferees direct that future budget
requests, to include the fiscal year 2013 budget request,
reflect this new structure. Further, the conferees direct
SAMHSA to include in its budget justification the specific
funding increases, decreases and FTE changes being requested by
program, project or activity, along with a detailed description
of activities funded under each program, the number of new and
continuing grants made; the average grant size; and a State-by-
State table for any formula-based funding for all budget lines
included in this Statement of the Managers. The conferees
expect that SAMHSA shall not make changes to any program,
project, or activity as outlined by the budget tables included
in this Statement of the Managers without prior notification to
the House and Senate Committees on Appropriations.
The conferees have provided funding for Programs of
Regional and National Significance under each of SAMHSA's
statutorily-created Centers rather than consolidate funding
into a single account for Innovation and Emerging Issues, as
proposed in the budget request.
MENTAL HEALTH
The conference agreement includes $934,853,000 for Mental
Health. In addition, $21,039,000 is made available under
section 241 of the PHS Act.
Within the total provided for Mental Health Programs of
Regional and National Significance, the conference agreement
includes the following amounts:
------------------------------------------------------------------------
Budget activity Conference
------------------------------------------------------------------------
Capacity:
Co-Occurring State Incentive Grant.................... 0
Seclusion & Restraint................................. 2,449,000
Youth Violence Prevention............................. 23,200,000
National Traumatic Stress Network..................... 45,800,000
Children and Family Programs.......................... 6,486,000
Consumer and Family Network Grants ................... 6,236,000
MH System Transformation and Health Reform............ 10,623,000
Project LAUNCH........................................ 34,706,000
Primary and Behavioral Health Care Integration........ 30,807,000
Community Resilience and Recovery Initiative.......... 0
Suicide Lifeline...................................... 5,522,000
GLS--Youth Suicide Prevention--States................. 29,738,000
GLS--Youth Suicide Prevention--Campus................. 4,975,000
AI/AN Suicide Prevention Initiative................... 2,944,000
Homelessness Prevention Programs...................... 30,830,000
Older Adult Programs.................................. 0
Minority AIDS......................................... 9,283,000
Criminal and Juvenile Justice Programs................ 6,684,000
Science and Service:
GLS--Suicide Prevention Resource Center............... 4,957,000
Information Dissemination and Training................ 7,878,000
Consumer & Consumer Support T.A. Centers.............. 1,927,000
Primary/Behavioral Health Integration TA.............. 2,000,000
Minority Fellowship Program........................... 5,099,000
Disaster Response..................................... 1,054,000
Homelessness.......................................... 2,306,000
HIV/AIDS Education.................................... 774,000
------------------------------------------------------------------------
Within the funds provided for the National Child
Traumatic Stress Network, the conferees provide $1,000,000 for
continued data analysis and reports related to the National
Center for Child Traumatic Stress core data set.
The conferees intend that funds provided to Project
LAUNCH should not duplicate activities eligible for funding
elsewhere in HHS.
The conferees intend that all grants awarded for the
Primary and Behavioral Health Integration program are funded
under the authorities in section 520(K) of the PHS Act. In
addition, the conferees have provided $2,000,000 under a
separate budget line for SAMHSA to provide technical assistance
related to this program.
Within the funds provided for the Minority Fellowship
Program, the conferees have provided an increase in funding to
allow SAMHSA to increase the pool of culturally competent
mental health professionals by granting professional counselors
eligibility to participate in the program.
SUBSTANCE ABUSE TREATMENT
The conference agreement includes $2,123,993,000 for
Substance Abuse Treatment. In addition, $81,200,000 is made
available under section 241 of the PHS Act.
Within the total provided for Programs of Regional and
National Significance, the conference agreement includes the
following amounts:
------------------------------------------------------------------------
Budget activity Conference
------------------------------------------------------------------------
Capacity:
Co-occurring State Incentive Grants (SIGs).......... 0
Opioid Treatment Programs/Regulatory Activities..... 8,903,000
Screening, Brief Intervention, Referral, & Treatment 28,237,000
TCE--General........................................ 28,033,000
Pregnant & Postpartum Women......................... 16,000,000
Strengthening Treatment Access and Retention........ 1,675,000
Recovery Community Services Program................. 2,450,000
Access to Recovery.................................. 98,454,000
Children and Families............................... 30,678,000
Treatment Systems for Homeless...................... 41,650,000
Minority AIDS....................................... 65,988,000
Criminal Justice Activities......................... 67,635,000
NASPER.............................................. 0
Science and Service:
Addiction Technology Transfer Centers............... 9,081,000
Minority Fellowship Program......................... 547,000
Special Initiatives/Outreach........................ 2,271,000
------------------------------------------------------------------------
The conferees direct SAMHSA to ensure that Addiction
Technology Transfer Centers continue to maintain a primary
focus on addiction treatment and recovery services in order to
strengthen the addiction workforce.
The conferees direct SAMHSA to ensure that all funding
appropriated to the Center for Substance Abuse Treatment for
drug treatment courts is allocated to serve people diagnosed
with a substance use disorder as their primary condition.
The conferees direct SAMHSA to ensure that funds provided
for SBIRT are used for existing evidence-based models of
providing early intervention and treatment services to those at
risk of developing substance abuse disorders.
SUBSTANCE ABUSE PREVENTION
The conference agreement includes $186,361,000 for
Substance Abuse Prevention.
Within the total provided for Programs of Regional and
National Significance, the conference agreement includes the
following amounts:
------------------------------------------------------------------------
Budget activity Conference
------------------------------------------------------------------------
Capacity:
Strategic Prevention Framework/Partnerships for 110,015,000
Success............................................
Mandatory Drug Testing.............................. 5,206,000
Minority AIDS....................................... 41,385,000
Sober Truth on Preventing Underage Drinking (STOP 7,000,000
Act)...............................................
National Adult-Oriented Media Public Service 1,000,000
Campaign.......................................
Community-based Coalition Enhancement Grants.... 5,000,000
Intergovernmental Coordinating Committee on the 1,000,000
Prevention of Underage Drinking................
Science and Service:
Fetal Alcohol Spectrum Disorder..................... 9,821,000
Center for the Application of Prevention 8,074,000
Technologies.......................................
Science and Service Program Coordination............ 4,789,000
Minority Fellowship Program......................... 71,000
------------------------------------------------------------------------
The conferees direct SAMHSA to fund the remaining cohort
of Strategic Prevention Framework State Incentive Grant
grantees at amounts not less than what they received in fiscal
year 2011.
The conferees note that building on the infrastructure of
current and past Drug Free Communities grantees is an effective
way to invest minimal federal dollars to address underage
drinking issues at the community level.
HEALTH SURVEILLANCE AND PROGRAM SUPPORT
The conference agreement includes $109,106,000 for health
surveillance and program support activities. In addition,
$27,428,000 is made available under section 241 of the PHS Act.
The conferees have included $3,500,000 to conduct
Military Families Initiatives policy academies.
Agency for Healthcare Research and Quality
HEALTHCARE RESEARCH AND QUALITY
The conference agreement includes a program level of
$369,053,000 for the Agency for Healthcare Research and
Quality. The conference agreement makes these funds available
through section 241 of the Public Health Service (PHS) Act.
Within the total for the Crosscutting Activities Related
to Quality, Effectiveness and Efficiency Research portfolio,
the conferees provide $43,364,000 for investigator-initiated
research.
Centers for Medicare and Medicaid Services
GRANTS TO STATES FOR MEDICAID
The conference agreement includes $184,279,110,000 for
the Federal share of current law State Medicaid costs. In
addition, the agreement includes $90,614,082,000 for program
costs in the first quarter of fiscal year 2013.
PAYMENTS TO HEALTH CARE TRUST FUNDS
The conference agreement includes $230,741,378,000 for
the Payments to Health Care Trust Funds account.
PROGRAM MANAGEMENT
The conference agreement includes $3,879,476,000 for the
Program Management account. The agreement maintains the State
Health Insurance Assistance Program within the Program
Management account. The conferees recommend the following
levels within the Program Management account:
------------------------------------------------------------------------
Program Management
------------------------------------------------------------------------
Research, Demonstration and Evaluation................ $21,200,000
Program Operations.................................... 2,663,935,000
State Survey and Certification........................ 355,876,000
State High Risk Insurance Pools....................... 44,000,000
Federal Administration................................ 794,465,000
------------------------------------------------------------------------
The conferees include funding for Research,
Demonstration, and Evaluation activities, including the
Medicare Current Beneficiary Survey. The conferees encourage
CMS to review the programs within this account to determine if
they are funded in the appropriate budget line. Specifically,
CMS is encouraged to evaluate the advantages and disadvantages
of moving the Medicare Current Beneficiary Survey into the
Program Operations activity.
Ambulatory Surgical Centers (ASC).--The conferees
understand that in 2008, ASCs provided 3.3 million Medicare
recipients with outpatient surgical services, including
screening services. The conferees have heard concerns related
to the use of the consumer price index for urban consumers
(CPI-U) to update the payment rates of ASCs, a different method
than is used for other comparable service providers. The
conferees request that CMS develop a report that compares other
potential options for updating the payment rates of ASCs and
report back the findings in the fiscal year 2013 budget
request.
CMS Test Environment for Testing Industry Solutions in
Secure Settings.--The conferees direct and provide $5,000,000
for CMS to provide a test environment ``sandbox'' where vendors
can work independently and with CMS to seek solutions and
execute ``proof of concept'' tests to Medicare issues in a
secure environment, using Medicare data, on CMS technical
architecture. The conferees recommend support within the
Enterprise IT Activities function to establish an isolated,
stand-alone test environment for independent vendor testing of
industry solutions that could provide significant benefit to
CMS operations. The test environment will provide controlled
access to Medicare data to run ``proof of concept'' tests that
determine solution effectiveness in addressing Medicare issues
such as improper payment and quality measurement. The test
environment must ensure data privacy and security, comply with
CMS technical architecture standards, provide temporary access
and secure connectivity for vendor testing, and make relevant
data sets available for product testing. The conferees request
a report and timeline in the fiscal year 2013 budget request.
Comparison of Residency Position.--The conferees request
CMS conduct an analysis evaluating the implementation of
Section 5503 of Public Law 111-148 on the allocation of
Medicare Graduate Medical Education (GME) resident slots to
hospitals. This analysis shall compare how residency slots are
allocated according to two assignment strategies. Strategy one
is the allocation of GME slots according to the current final
CMS Federal Rule as published in the Federal Register on
November 24, 2010. The current final rule states that fiscal
year 2009 report data not be included if it was reported after
March 23, 2010. Strategy two involves an assessment of GME slot
allocation which includes all fiscal year 2009 cost reports,
including data for hospitals whose fiscal year ended on
December 31, 2009, and as such have cost data reported after
March 23, 2010. The report of this analysis shall include the
number of Medicare GME slots allocated to each hospital under
the two different allocation strategies. The conferees request
CMS provide the final report with the detailed hospital level
information under each option to the House and Senate
Appropriations Committees not later than 6 months after
enactment.
Dialysis Facilities.--The conferees are concerned by
reports of delays in the processing for surveys and
certifications for dialysis facilities and encourage CMS to
reduce the wait times. Further, the conferees request CMS
report back to the Congress within 6 months on major
impediments related to processing applications timely and
provide its plan to address these impediments.
The conferees urge CMS to develop an overall strategic
plan that links its vision for operations, program integrity,
information technology, and other areas into a comprehensive
approach with measurable objectives and resources. The
conferees request a copy of this plan no later than 180 days
after enactment.
HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT
The conference agreement includes $310,377,000 from the
Medicare trust funds for the Health Care Fraud and Abuse
Control Account.
Administration for Children and Families
LOW INCOME HOME ENERGY ASSISTANCE
The conference agreement includes $3,478,246,000 for the
Low Income Home Energy Assistance Program.
REFUGEE AND ENTRANT ASSISTANCE
The conference agreement includes $769,789,000 for
Refugee and Entrant Assistance programs.
Within the total provided for Transitional and Medical
Services, the conferees include $65,000,000 for the voluntary
agency matching grant program.
Within the total for Unaccompanied Alien Children, the
conference agreement includes up to $6,100,000 for the pro bono
legal services pilot to ensure legal representation for both
released and detained children.
CHILD CARE AND DEVELOPMENT BLOCK GRANT
The conference agreement includes $2,282,627,000 for the
Child Care and Development Block Grant.
CHILDREN AND FAMILIES SERVICES PROGRAMS
The conference agreement includes $9,926,709,000 for
Children and Families Services Programs. In addition,
$5,762,000 is made available under section 241 of the Public
Health Service (PHS) Act.
The conferees direct that not later than 120 days after
enactment, ACF shall submit to the Committee on Health,
Education, Labor and Pensions of the Senate and the Committee
on Education and the Workforce of the House of Representatives
the results of the study related to suspected and known
instances of child abuse and neglect, as required under section
110(d) of the Child Abuse Prevention and Treatment
Reauthorization Act of 2010.
The conference agreement includes up to $10,000,000 for
the Healthy Foods Financing Initiative within the Community
Economic Development Program.
PROMOTING SAFE AND STABLE FAMILIES
The conference agreement includes $345,000,000 in
mandatory funds for Promoting Safe and Stable Families.
Administration on Aging
AGING SERVICES PROGRAMS
The conference agreement includes $1,473,703,000 for
Aging Services Programs. The conferees urge the Administration
on Aging to improve its consultation with the Committees on
Appropriations regarding any reallocation of funds that may
occur after the submission of its congressional justification.
The conferees have not transferred the SHIP program from CMS.
Office of the Secretary
GENERAL DEPARTMENTAL MANAGEMENT
The conference agreement includes $475,221,000 for
General Departmental Management. In addition, the conference
agreement includes $69,211,000 in funding from the Public
Health Service program evaluation set-aside.
Within the funds for the Office of the Secretary, the
conference agreement designates $1,000,000 for the Office of
the Assistant Secretary for Financial Resources to begin
implementing a new, integrated system that can accurately track
and report the Department's finances, including by source year
of the appropriation.
The conference agreement provides $9,000,000 for the
Office of the Assistant Secretary for Public Affairs.
The conference agreement provides $250,000 for the
Advisory Council on Alzheimer's Research, Care and Services,
$1,000,000 for a competitive grant program to provide
assistance regarding transportation assistance for individuals
with disabilities, $1,000,000 to continue the national health
education program on lupus for healthcare providers, and
$3,010,000 to continue the preventing violence against women
initiative, all as proposed in Senate Report 112-84.
In addition, the conference agreement includes $1,000,000
for the Assistant Secretary for Health to contract with the
National Academy of Sciences to conduct a scientific peer
review of the 12th Report on Carcinogens determinations related
to formaldehyde and styrene. Included in the review should be
all relevant, peer-reviewed research related to both
formaldehyde and styrene.
The conference agreement includes no funding for the
Adolescent Family Life program, as proposed in the budget
request.
The conference agreement provides $104,790,000 for the
teenage pregnancy prevention initiative. In addition,
$8,455,000 is to be derived from the Public Health Service
program evaluation set-aside, including $4,000,000 to carry out
evaluations (including longitudinal evaluations) of teenage
pregnancy prevention approaches.
The conference agreement also includes $5,000,000 for an
abstinence education program.
OFFICE OF MEDICARE HEARINGS AND APPEALS
The conference agreement includes $72,147,000 for the
Office of Medicare Hearings and Appeals.
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY
The conference agreement includes $61,257,000 for the
Office of the National Coordinator for Health Information
Technology, of which $16,446,000 is provided in budget
authority and $44,811,000 is made available through the Public
Health Service program evaluation set-aside.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $50,178,000 for the
Office of Inspector General.
OFFICE FOR CIVIL RIGHTS
The conference agreement includes $41,016,000 in budget
authority only for the Office for Civil Rights.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $984,452,000 for the
Public Health and Social Services Emergency Fund.
Within the total for Preparedness and Emergency
Operations, the conference agreement includes $10,000,000 to
prepare for and respond to non-Stafford Act National Special
Security Events and makes such funds available until September
30, 2014.
The conferees direct the Biomedical Advanced Research and
Development Authority to develop a plan to deliver recombinant
anthrax vaccine to the Strategic National Stockpile by 2015 and
brief the House and Senate Committees on Appropriations on such
a plan not later than 60 days after enactment of this Act.
General Provisions
SALARY CAP ON GRANTS AND OTHER EXTRAMURAL MECHANISMS
The conference agreement includes a general provision
capping the permitted use of grant and contract funds that may
be used to pay the salary of a grantee to Executive Level II
and applies the cap to all HHS operating divisions funded in
this Act.
TRANSFER AUTHORITY
(TRANSFER OF FUNDS)
The conference agreement modifies a general provision
providing the Secretary of Health and Human Services the
authority to transfer up to 1 percent of discretionary funds
between appropriations accounts.
CENTERS FOR DISEASE CONTROL AND PREVENTION STAFF TRAINING
The conference agreement modifies a general provision
regarding Centers for Disease Control and Prevention Individual
Learning Accounts.
NIH MINOR REPAIRS AND ALTERATIONS
The conference agreement modifies a general provision
allowing NIH to use up to $45,000,000 for alteration, repair or
improvement of its facilities and caps the amount that can be
spent on any single project to $3,500,000.
GUN CONTROL
The conference agreement modifies a provision previously
carried in the CDC account that prohibits any HHS operating
division funded in this Act from being used to advocate or
promote gun control.
FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS
The conference agreement includes a general provision
prohibiting creation of a new Federally Funded Research and
Development Center unless certain conditions are met.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
The conference agreement includes $15,750,983,000 for
Education for the Disadvantaged. The conference agreement
provides $4,909,806,000 in fiscal year 2012 and $10,841,177,000
in fiscal year 2013 funding for this account.
For Title I School Improvement Grants, the conference
agreement continues bill language permitting fiscal year 2012
appropriations to be used by local educational agencies to
serve any Title I, part A-eligible school that has not made
adequate yearly progress for at least two years or is in a
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.
The conference agreement includes language permitting the
Secretary to establish a maximum subgrant size of $2,000,000
for Title I School Improvement Grants and allows the Secretary
to reserve up to 5 percent of school improvement funds for
State and local capacity building.
The conferees note that many children in schools
receiving SIG funds face myriad personal, familial, and
community challenges (including poverty-related stressors), and
these challenges follow students into their schools, often
resulting in distracting, disruptive, and ineffective learning
environments. Even the best school leaders and teachers cannot
achieve optimal results unless poverty-related barriers to
teaching, learning, and school organization are addressed and
effective conditions for learning are established. These
barriers to teaching and learning must be addressed in addition
to in-school factors in order to achieve sustained academic
success.
The conferees direct the Department to require that all
schools receiving SIG funds have a plan in place for addressing
the academic and non-academic needs of their students,
including improving the overall school climate where necessary,
in addition to addressing factors such as the usage of time,
instructional practices, and professional development and
supports. The conferees expect the plan to assess and address
as appropriate the mental health needs and interventions of the
students at the school in an integrated manner within the
overall turnaround strategy; related training and professional
development for all staff that increase classroom efficacy such
as classroom organization and management, including teachers
and administrators; access to school-based counseling services;
the development of school-based systems, such as teams, to
identify and address individual student academic, behavioral,
health, or social needs and to support a positive and
developmentally appropriate school climate; and how parents,
families and the community will be engaged in this and other
aspects of the school turnaround process.
For the Striving Readers program, the conference
agreement includes $160,000,000 and bill language to continue a
comprehensive literacy program for States.
Impact Aid
The conference agreement includes $1,293,631,000 for
Impact Aid. In addition, the conference agreement includes bill
language providing for competitive grants for Impact Aid
construction grants.
School Improvement Programs
The conference agreement includes $4,550,018,000 for the
School Improvement Programs account. The conference agreement
provides $2,868,577,000 in fiscal year 2012 and $1,681,441,000
in fiscal year 2013 funding for this account.
Within the amount provided for Teacher Quality State
Grants, the conference agreement provides a set aside of one
and one-half percent of funds for competitive awards for
teacher or principal training or professional enhancement
activities to national not-for-profit organizations.
The conference agreement includes bill language that
allows funds under the Education of Native Hawaiians program to
be used for construction, renovation, and modernization of any
elementary school, secondary school, or related structure run
by the Department of Education of the State of Hawaii that
serves a predominantly Native Hawaiian student body.
The conference agreement also includes bill language that
requires the Alaska Native Education program to be awarded
without regard to earmarks included in the program's
authorizing statute. The conference agreement also allows funds
within this program to be used for construction.
The conferees intend that in providing the technical
assistance and guidance described in Senate Report 112-84, the
Department of Education should not give priority to, show
preference for, or provide direction about whether communities
use 21st Century Community Learning Center funds for after
school, before school, summer school or extended school day
programs, unless specifically requested by a State or local
educational agency.
The conference agreement provides $27,000,000 for the
Advanced Placement program. The conferees intend that
$20,000,000 of these funds be used to continue the Advanced
Placement Test Fee program and that $7,000,000 be used for
continuation costs for the Advanced Placement Incentive
Program.
Indian Education
The conference agreement includes $131,027,000 for Indian
Education.
The conferees recognize that tribal education departments
and agencies are uniquely situated at the local level to
implement innovative education programs to improve Native
American education. Accordingly, the conference agreement
includes $2,000,000 under the National Activities line for a
pilot project to increase the role of tribal education
departments in Native American education. In the pilot, tribal
education agencies would directly administer some Elementary
and Secondary Education Act programs to enter into
collaborative agreements with States to work closely with
school districts located on Indian reservations or former
Indian reservations located in Oklahoma. The conferees expect
the Department of Education to collaborate with the Bureau of
Indian Affairs on this effort.
Innovation and Improvement
The conference agreement includes $1,530,429,000 for
Innovation and Improvement.
The conference agreement includes $550,000,000 for the
Race to the Top program and authorizes the Secretary to make
grants under this authority to local educational agencies. The
conferees expect that the Secretary will include a robust early
childhood education component in administering the Race to the
Top competition. The conference agreement also authorizes the
Secretary to use up to five percent of funds under the Race to
the Top and Investing in Innovation authorities for technical
assistance and evaluation of these programs.
The conference agreement continues language in the
Teacher Incentive Fund program that provides for competitive
grants to implement performance-based compensation systems for
teachers, principals and other personnel in high-need schools.
In the charter schools program, the conference agreement
continues language requiring $23,000,000 to be used to support
charter school facilities needs. The conference agreement also
includes language allowing the Secretary to reserve up to
$55,000,000 to make multiple awards to nonprofit charter
management organizations and other entities that are not-for-
profit entities for replication and expansion of successful
charter school models.
The conference agreement also includes bill language for
the charter school program requiring the Secretary of Education
to reserve up to $11,000,000 for national activities for
technical assistance, evaluation and to make grants to
authorized public chartering agencies in order to increase the
number of high-performing charter schools.
Within FIE, the conference agreement includes funding for
the following activities in the following amounts:
------------------------------------------------------------------------
Conference
Budget activity agreement
------------------------------------------------------------------------
Arts in Education....................................... $25,000,000
Data Quality and Evaluation............................. 1,300,000
Full Service Community Schools.......................... 10,113,000
National Clearinghouse for Educational Facilities....... 733,000
Peer Review............................................. 100,000
------------------------------------------------------------------------
The conference agreement also includes $28,654,000 for a
literacy initiative within FIE as described in Senate Report
112-84.
Safe Schools and Citizenship Education
The conference agreement includes $256,237,000 for Safe
Schools and Citizenship Education. Within this total,
$60,000,000 is provided for Promise Neighborhoods with funding
available through December 31, 2012.
English Language Acquisition
The conference agreement includes $733,530,000 for
English Language Acquisition.
Special Education
The conference agreement includes $12,647,066,000 for
Special Education. The conference agreement provides
$3,363,683,000 in fiscal year 2012 and $9,283,383,000 in fiscal
year 2013 funding for this account.
The conference agreement includes $2,000,000 to remain
available through September 30, 2013 for a program to improve
the outcomes of children receiving Supplemental Security Income
(SSI) benefits and their families. The agreement allows States
to subgrant funds to other public and private non-profit
entities. The conferees note that additional funds for this
PROMISE initiative are available through the Rehabilitation
Services and Disability Research Account and Social Security
Administration.
Rehabilitation Services and Disability Research
The conference agreement includes $3,512,019,000 for
Rehabilitation Services and Disability Research.
The conference agreement includes language allowing the
Secretary to use amounts that remain available after
reallotment of State vocational rehabilitation funds for
activities to improve the outcomes of children receiving SSI
benefits and their families, allows States to make subgrants of
such funds to other public and private, non-profit entities and
extends availability of these funds to September 30, 2013.
The conference agreement provides $2,000,000 for
competitive grants to support alternative financing programs
that provide for the purchase of assistive technology (AT)
devices. The conferees' goal in providing these funds is to
allow greater access to affordable financing to help people
with disabilities purchase the specialized technologies needed
to live independently, to succeed at school and work and to
otherwise live active and productive lives. The conferees
intend that applicants incorporate credit building activities
in their programs, including financial education and
information about other possible funding sources. Successful
applicants must emphasize consumer choice and control and build
programs that will provide financing for the full array of AT
devices and services and ensure that all people, regardless of
type of disability or health condition, age, level of income
and residence have access to the program.
Special Institutions for Persons With Disabilities
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
The conference agreement includes $65,546,000 for
operations for the National Technical Institute for the Deaf.
The conferees have consolidated funds into the operations line
for NTID this year due to fiscal constraints, but will consider
construction funding for NTID in the future as needs may
warrant.
GALLAUDET UNIVERSITY
The conference agreement includes $125,754,000 for
Gallaudet University. The conference agreement includes bill
language designating $7,990,000 of this amount for construction
and provides that the funds are available until expended.
Career, Technical, and Adult Education
The conference agreement includes $1,738,946,000 for
Career, Technical, and Adult Education. The conference
agreement provides $947,946,000 in fiscal year 2012 funding and
$791,000,000 in fiscal year 2013 funding for this account.
Student Financial Assistance
The conference agreement includes $24,538,521,000 for
Student Financial Assistance.
The conference agreement includes $22,824,000,000 for the
Pell Grant program. The funds in this conference agreement will
support a $4,860 maximum discretionary Pell grant for the 2012-
2013 award year.
The conferees concur that the Department shall provide
the same funding in fiscal year 2012 for the Work Colleges
program authorized under section 448 of the Higher Education
Act from the Federal Work-Study Program appropriation.
Student Aid Administration
The conference agreement includes $1,045,363,000 for
student aid administration. Within the total, $370,000,000 is
provided for servicing activities and $675,363,000 is provided
for salaries and expenses to remain available until September
30, 2013.
The conferees direct the Department to provide a report
by April 1, 2012 and quarterly reports thereafter detailing
their obligation plan by quarter for spending mandatory and
discretionary funding for student aid administrative activities
broken out by servicer, activity and funding source.
Higher Education
The conference agreement includes $1,873,196,000 for
Higher Education.
The conference agreement provides $74,177,000 for
International Education and Foreign Language Studies. The
conferees acknowledge that funding provided in the conference
agreement for international education will likely only allow
funding for continuation costs. The conferees encourage the
Department to look for ways to support undergraduate study
abroad programs as authorized by section 604 of the Higher
Education Act (HEA).
The conference agreement includes language that allows
international education funds to be used to support visits and
study in foreign countries to develop language skills and
allows up to one percent of international education funds to be
used for evaluation, outreach and information dissemination.
The conferees direct the Secretary to use international
education domestic program funding to maintain a focus on
continuing instruction in foreign languages that are less
commonly taught, emphasize those critical for national
security, and to maintain a pool of international experts for
national security needs.
The conference agreement continues language that requires
recipients of a multi-year award under the tribal colleges
program to continue to receive the amount they would have
received prior to the Higher Education Act's reauthorization in
accordance with the original award terms.
The conference agreement includes language which
consolidates the Javits Fellowship program within the Graduate
Assistance in Areas of National Need Program as proposed by the
Administration.
Within the amount for FIPSE, the conference agreement
includes $1,130,000 for the Training for Realtime Writers
program. The conferees direct that these funds be awarded in
accordance with section 872 of the HEA.
Within the amount for FIPSE, $2,103,000 is included for
the European Union-United States Atlantis Program. The
conferees direct that these funds be awarded in accordance with
section 744 of the HEA.
Within the amount for FIPSE, $267,000 is for continuation
of a data contract.
The conferees continue to be concerned with the tardiness
of the Department in making TRIO and GEARUP awards this year.
Accordingly, the conferees direct the Department to provide a
report to the Committees on Appropriations of both the House
and the Senate outlining the causes of grant award delays and
providing an action plan for remedying this situation in the
future.
Howard University
The conference agreement provides $234,507,000 for
support for Howard University and Howard University Hospital.
Historically Black College and University Capital Financing Program
The conference agreement includes $20,541,000 for the
HBCU Capital Financing Program. The conference agreement
provides a total loan principal of $367,255,000 and includes
language to allow funds to be used to support loans without
regard to section 344(a) of the Higher Education Act.
Institute of Education Sciences
The conference agreement includes $594,788,000 for the
Institute of Education Sciences to remain available through
fiscal year 2013. The agreement provides $11,000,000 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 and modifies language to
clarify that funds for statewide data systems may be used to
link various State systems together.
Departmental Management
PROGRAM ADMINISTRATION
The conference agreement includes $447,104,000 for
Program Administration.
The conferees are aware that the Government
Accountability Office issued a report this year which
identified 82 federal programs designed to improve teacher
quality spread across several federal agencies, including 64 at
the Department of Education. The conferees note that the report
``recognize[d] that there could be instances where some degree
of program duplication, overlap, or fragmentation may be
warranted due to the nature or magnitude of the federal
effort''. The conferees also note that under the fiscal year
2011 bill and this conference agreement nearly 25 percent of
the identified programs within the Department have been
consolidated or eliminated.The conferees request the Department
to issue a report within 180 days of enactment of this Act that
identifies remaining programs designed to improve teacher
quality, which agency administers the program, the most recent
program evaluation data available for each (if any), and
includes recommendations on how agencies can better collaborate
and coordinate on administration of these programs.
General Provisions
TRANSFER OF FUNDS
The conference agreement includes language allowing the
Secretary to transfer not to exceed one percent of appropriated
funds between appropriations, provided that no appropriation is
increased by more than three percent as a result of such
transfer, and that no new programs are created, nor programs
for which funds were not appropriated are funded, as a result
of such transfer. The conference agreement also requires the
Secretary to notify the Committees on Appropriations of both
the House and the Senate at least 15 days in advance of any
transfer.
OUTLYING AREAS FUNDS CONSOLIDATION
The conference agreement includes a general provision
that extends Palau's eligibility to participate in certain
education programs through the end of fiscal year 2012.
PELL ELIGIBILITY
The conference agreement includes changes to limit the
number of full-time equivalent Pell grants to a lifetime
maximum of six years/twelve semesters; to lower the adjusted
gross income level at which an expected family contribution
will automatically receive a ``zero'' to $23,000; to raise the
minimum award for eligibility to ten percent of the maximum
award; and to require students to either have completed a high
school diploma, a GED, or have been homeschooled to be eligible
for a Pell award, unless they were enrolled prior to July 1,
2012. The conference agreement further provides that these
provisions will take effect on July 1, 2012 and that negotiated
rulemaking will not apply to changes made by these amendments.
INTEREST SUBSIDY ELIMINATION
The conference agreement includes language that suspends
for two years the interest subsidies on loans made on or after
July 1, 2012 through June 30, 2014 during the six-month grace
period following a student's withdrawal or graduation.
STUDENT LOAN INDEX
The conference agreement includes language that changes
the index used for holders of federal student loans from
commercial paper to LIBOR.
HBCU GULF HURRICANE DISASTER LOANS
The conference agreement includes language that
authorizes the Secretary to modify terms of Gulf hurricane
disaster loans to HBCUs if such modifications result in no net
cost to the government and if such modifications are approved
by the Departments of Education, Treasury and the Office of
Management and Budget.
RACE TO THE TOP SUBGRANTING AUTHORITY
The conference agreement includes language that clarifies
that a State may make subgrants to public or private agencies
and organizations under the early childhood component of the
Race to the Top program. Not later than 60 days after enactment
of this Act, the conferees direct the Department to provide a
briefing on expected outcomes of grantees awarded funds from
the fiscal year 2011 Race to the Top appropriation, including
specifically how this subgranting authority will contribute to
the successful implementation of State plans.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
The conference agreement includes $5,385,000 for the
Committee for Purchase from People Who Are Blind or Severely
Disabled.
Corporation for National and Community Service
OPERATING EXPENSES
The conference agreement includes $751,672,000 for the
operating expenses of the programs administered by the
Corporation for National and Community Service (CNCS).
Within the total provided for Innovation, Assistance, and
Other Activities, the conference agreement includes
$53,381,000, which includes $44,900,000 for the Social
Innovation Fund, $3,992,000 for the Volunteer Generation Fund,
and $1,000,000 for the Martin Luther King Day of Service. The
conferees have included language allowing CNCS to make minimum
grants of $200,000 to State Service Commissions to spread
funding more equitably across the Nation.
NATIONAL SERVICE TRUST
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $212,198,000 for the
National Service Trust.
SALARIES AND EXPENSES
The conference agreement includes $83,000,000 for the
CNCS Salaries and Expenses.
INSPECTOR GENERAL
The conference agreement includes $4,000,000 for the CNCS
Inspector General Office.
ADMINISTRATIVE PROVISIONS
The conferees have included a new provision that
clarifies the use of Education Awards at G.I. Bill institutions
related to CNCS.
Corporation for Public Broadcasting
The conference agreement includes a fiscal year 2014
advance appropriation of $445,000,000 for the Corporation for
Public Broadcasting (CPB).
In addition, the conferees request CPB provide a report
within 180 days of enactment to House and Senate Committees on
Appropriations on alternative sources of funding for public
broadcasting stations in lieu of federal funding.
Federal Mediation and Conciliation Service
SALARIES AND EXPENSES
The conference agreement includes $46,250,000 for the
Federal Mediation and Conciliation Service and does not include
funding for the Labor-Management Cooperation Grant program.
Federal Mine Safety and Health Review Commission
SALARIES AND EXPENSES
The conference agreement includes $17,637,000 for the
Federal Mine Safety and Health Review Commission.
Institute of Museum and Library Services
OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND ADMINISTRATION
The conference agreement includes $232,393,000 for the
Institute of Museum and Library Services (IMLS).
Within the total for IMLS, the conference agreement
includes funds for the following activities in the following
amounts:
------------------------------------------------------------------------
Budget activity Conference
------------------------------------------------------------------------
Library Services Technology Act:
Grants to States.................................... $156,661
Native American Library Services.................... 3,876
National Leadership: Libraries...................... 11,968
Laura Bush 21st Century Librarian................... 12,548
Museum Services Act:
Museums for America................................. 18,064
21st Century Museum Professionals................... 1,972
Conservation Project Support........................ 2,619
Native American/Hawaiian Museum Services............ 927
National Leadership: Museums........................ 5,923
African American History and Culture Act:
Museum Grants for African American History & Culture 1,413
Program Administration.................................. 16,422
------------------------------------------------------------------------
Within the amount provided for Program Administration,
the conference agreement includes $1,889,000 for research and
data collection activities.
Medicaid and CHIP Payment and Access Commission
SALARIES AND EXPENSES
The conference agreement includes $6,000,000 for the
Medicaid and CHIP Payment and Access Commission.
MEDICARE PAYMENT ADVISORY COMMISSION
SALARIES AND EXPENSES
The conference agreement includes $11,800,000 for the
Medicare Payment Advisory Commission.
National Council on Disability
The conference agreement includes $3,264,000 for the
National Council on Disability.
National Labor Relations Board
SALARIES AND EXPENSES
The conference agreement includes $278,833,000 for the
National Labor Relations Board.
ADMINISTRATIVE PROVISIONS
The conference agreement includes a new provision that
prohibits the National Labor Relations Board from issuing any
new administrative directive or regulation related to
electronic voting.
Railroad Retirement Board
LIMITATION ON ADMINISTRATION
The conference agreement includes $108,855,000 for
administrative expenses of the Railroad Retirement Board.
Social Security Administration
SUPPLEMENTAL SECURITY INCOME
The conference agreement includes $37,582,991,000 for the
Supplemental Security Income (SSI) program. Within this amount,
the agreement includes $8,000,000, available through fiscal
year 2013, for the Research and Demonstration activity
conducted under sections 1110 and 1144 of the Social Security
Act to support research activities like PROMISE, the
Occupational Information System, and the Disability Research
Consortium. The conferees encourage the Commissioner to develop
policies related to section 1110 research portfolio governance
related to funding and ensure projects meet the intent of
section 1110. Such policies should ensure that research
projects, with very limited exceptions, are either discontinued
or graduated into a more appropriate funding line within 5
years from project's beginning. The conferees direct SSA to
include in its operating plan funding allocations by project at
the level of detail included in its congressional budget
justification and expect advance notification of any subsequent
realignment of funds within those activities.
LIMITATION ON ADMINISTRATIVE EXPENSES
The conference agreement includes $10,984,494,000 for a
Limitation on Administrative Expenses (LAE) for the SSA,
including dedicated program integrity funding and applicable
user fees.
Information Technology Investments.--The conferees direct
SSA to include information in its congressional budget
justification each year regarding LAE expired unobligated
balances and the amount made available from these balances
without fiscal year limitation for information technology
investments. This should include actual or estimated amounts
for the prior, current, and budget years. In addition, the
conferees direct SSA to include a consolidated information
technology plan in its congressional budget justification each
year, including the total amount of Information Technology (IT)
expenses and the actual or estimated amount paid for with LAE
funds and no-year IT funds.
Independent SSA Resource Analysis and Strategy.--With a
large percentage of SSA's workforce eligible for retirement,
and short- and long-term constraints on available resources,
the conferees are concerned that SSA faces continued service
delivery challenges in the coming decades. Therefore, the
conferees provide SSA with up to $500,000 to contract with the
National Academy of Public Administration to develop and submit
a report proposing a long-range strategic plan for SSA's
consideration. This report shall be conducted in consultation
with SSA and its stakeholders and address the following: an
evaluation of SSA's existing organizational structure,
workforce capacity, physical infrastructure and review of SSA's
electronic service delivery and investment in automation and
information technology. The report shall be submitted within
180 days of enactment to the House and Senate Committees on
Appropriations, the House Committee on Ways and Means and the
Senate Committee on Finance.
Annual Social Security Statement Review.--The conferees
note the public value of the annual Social Security statement.
The conferees encourage the Commissioner to examine a broad
range of options for continuing to provide the information
included in the annual statement to the public and request a
report no later than March 2012 to examine options to continue
to do so. The report should examine the advantages and
disadvantages, costs, benefits, and other potential
implications to each method considered. The conferees request
the Commissioner submit the report to the House and Senate
Committees on Appropriations, the House Committee on Ways and
Means and the Senate Committee on Finance.
DOL and SSA Occupational Handbook.--The conferees
appreciate the steps SSA has taken to update occupational
information used by the SSA to adjudicate claims for disability
benefits. The conferees urge DOL and SSA to continue to work
together on this effort and submit a joint report to the House
and Senate Committees on Appropriations, the House Committee on
Ways and Means, and the Senate Committee on Finance with a
timeline, major milestones, and projected 5-year costs of this
project within 180 days of enactment of this bill and to
provide annual progress reports thereafter.
Budget Request.--The conferees direct SSA to include the
following information in its annual budget requests, operating
plans, and reprogramming requests:
SSI Extramural Research and Demonstration program,
project, and activity details;
Annual fiscal year workload table on disability appeals
at the same level of detail as provided in the House fiscal
year 2011 questions for the record;
Annual performance targets for pending cases and
processing times for the reconsideration level of appeal;
Updates on the new national data center project
milestones and plans to use the projected IT refresh/
replacement, operations, and repair/maintenance funds over the
next 5 years to outfit the new facility;
FTE table by major component for the prior actual year at
the level of detail as answered in the House fiscal year 2011
hearing question for the record; and
Identification of key assumption and cost drivers for
each program.
The conferees note the required operating plan and
reprogramming rules in the bill apply to SSA at the program,
project, and activity level for all funds provided.
OFFICE OF THE INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $102,477,000 for the
SSA Office of the Inspector General (OIG).
Video Technology.--The conferees note the recent
Administrative Conference of the United States report that
referred to ODAR's use of video technology as a model for other
agencies. The conferees request a report by OIG within 180 days
of enactment analyzing legislative and administrative options,
including potential challenges, for expanding access to video
hearings. The report should analyze the costs and benefits to
the claimant, claimant representatives, and taxpayers related
to the current use and potential expansion of the use of video
hearings by SSA. The report should be sent to the House and
Senate Appropriations Committees, the House Committee on Ways
and Means and the Senate Committee on Finance.
TITLE V
GENERAL PROVISIONS
LOBBYING RESTRICTION
The conference agreement modifies a general provision
related to lobbying.
STATUS OF FUNDS REPORTING
The conference agreement includes a general provision
that requires the Departments of Labor, Health and Human
Services, and Education and the Social Security Administration
to report quarterly on unobligated balances, by source year,
beginning on October 1, 2012. The conferees direct the
Departments of Labor, Health and Human Services, and Education
and the Social Security Administration to continue providing
quarterly status of funds reports as have been provided during
fiscal year 2011.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2012
The following is an explanation of the effects of
Division G, which makes appropriations for the Legislative
Branch for fiscal year 2012. Unless otherwise noted, reference
to the House and Senate reports are to House Report 112-148 and
Senate Report 112-80. The language included in House Report
112-148 and Senate Report 112-80 should be complied with and
carry the same emphasis as the language included in the
explanatory statement, unless specifically addressed to the
contrary in this explanatory statement. While repeating some
report language for emphasis, this explanatory statement does
not intend to negate the language referred to above unless
expressly provided herein.
TITLE I
LEGISLATIVE BRANCH
SENATE
The conferees agree to appropriate $868,593,000 for
Senate operations. This item relates solely to the Senate, and
is in accordance with long practice under which each body
determines its own housekeeping requirements and the other
concurs without intervention.
The conferees note one technical correction to the chart
included in Senate Report 112-80 under the heading Senators'
Official Personnel and Office Expense Allowance Fiscal Year
2012 to take into account a population change for the state of
Colorado that was inadvertently omitted.
----------------------------------------------------------------------------------------------------------------
Administrative
and clerical Legislative O.O.E.A. Total
State assistance assistance allowance allowance
allowance 10/ allowance 10/1/2011 10/1/2011
1/2011 10/1/2011
----------------------------------------------------------------------------------------------------------------
Colorado................................................. 2,431,275 477,874 180,096 3,089,245
----------------------------------------------------------------------------------------------------------------
HOUSE OF REPRESENTATIVES
The conferees agree to appropriate $1,225,680,000 for
House operations. This item relates solely to the House, and is
in accordance with long practice under which each body
determines its own housekeeping requirements and the other
concurs without intervention.
Security in Congressional District Offices
The conferees are aware of efforts underway by the House
Sergeant At Arms (HSAA) and the Capitol Police (USCP) to
improve security in Congressional district offices. With the
assistance of the HSAA and USCP, many Member offices had
security assessments conducted and were provided a list of
recommended security upgrades as a result of those assessments.
Member offices currently pay for their office leases, including
physical security, through their office budgets, also called
the Members' Representational Allowance, which have been
reduced. While the payment for district security is
decentralized, the guiding principles and policies should not
be. Therefore, the HSAA, along with USCP, shall assist offices
in prioritizing improvements and highlighting alternative
office locations that yield greater security with less cost. In
addition the House's Chief Administrative Officer is directed
to provide outreach to Member offices and offer assistance in
lease negotiations as Member offices look to relocate or
negotiate more favorable terms that incorporate heightened
security concerns.
JOINT ITEMS
JOINT ECONOMIC COMMITTEE
The conference agreement includes $4,203,000 for salaries
and expenses.
JOINT COMMITTEE ON INAUGURAL CEREMONIES OF 2013
The conference agreement includes $1,237,000 for salaries
and expenses associated with conducting the inaugural
ceremonies of the President and Vice President of the United
States.
JOINT COMMITTEE ON TAXATION
The conference agreement includes $10,004,000 for
salaries and expenses.
OFFICE OF THE ATTENDING PHYSICIAN
The conference agreement includes $3,400,000.
OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES
The conference agreement includes $1,363,000.
ADMINISTRATIVE PROVISION
The conferees have included an administrative provision
which authorizes employees of the Office of Congressional
Accessibility Services to participate in the Senate employee
student loan repayment program.
CAPITOL POLICE
SALARIES
The conference agreement includes $277,133,000 for
salaries of officers, members, and employees of the Capitol
Police. This level will support a staffing level of 1,775 sworn
officers and 370 civilian personnel.
GENERAL EXPENSES
The conference agreement includes $63,004,000 for general
expenses of the Capitol Police.
Workforce Management/Mission Requirements
The conferees support the directive contained in House
Report 112-148 regarding workforce management and mission
requirements in lieu of the directive in Senate Report 112-80.
Overtime
The conferees recommend no more than 634,667 hours of
additional duty in fiscal year 2012 as depicted below. The
conferees direct that the Department report on the expenditure
of overtime within individual accounts by pay period to the
House and Senate Committees on Appropriations, and that the
Committees are notified prior to any transfer within accounts,
including the associated hours of additional duty.
------------------------------------------------------------------------
Funding Hours (est.)
------------------------------------------------------------------------
Scheduled............................... $28,915,170 503,364
Annualization of overtime savings....... (700,370) 0
Unscheduled............................. 1,141,850 20,000
DPD..................................... 876,018 15,326
Conventions............................. 1,626,240 28,000
Training................................ 1,371,840 24,000
LOC--non-reimbursable events............ 214,896 3,700
Dome Skirt.............................. 1,853,739 31,917
Red Tunnel Project...................... 485,548 8,360
Dome Skirt and other project re- (677,000) 0
estimations............................
-------------------------------
Total............................... $35,107,931 634,667
------------------------------------------------------------------------
Threat Assessment
The conferees understand that the Capitol Police conduct
many different types of threat assessments and direct the Chief
of Police to work with the House and Senate Committees on
Appropriations to develop methods of updating the Committees on
threat assessment activities.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
The conferees have included a routine administrative
provision, section 1101, which continues authorization for
transfers between various accounts upon the approval of the
Committees on Appropriations of the House and Senate. The
conferees have also included an administrative provision,
section 1102, which authorizes the Secretary of the Senate and
the Chief Administrative Officer of the House to waive
erroneous payments to officers and employees.
OFFICE OF COMPLIANCE
SALARIES AND EXPENSES
The conference agreement includes $3,817,000, of which
$700,000 shall remain available until September 30, 2013 for
salaries and expenses of the Office of Compliance.
CONGRESSIONAL BUDGET OFFICE
SALARIES AND EXPENSES
The conference agreement includes $43,787,000 for
salaries and expenses of the Congressional Budget Office.
ARCHITECT OF THE CAPITOL
GENERAL ADMINISTRATION
The conference agreement includes $101,340,000 for
General Administration, of which $3,749,000 shall remain
available until September 30, 2016.
With respect to operations and projects, the House and
Senate conferees have agreed to the following:
Operating Budget........................................ $97,591,000
Project Budget:
1. Energy Savings Performance Contracts (ESPC)...... 2,700,000
2. Senate Reception Room............................ 550,000
3. Conservation of Fine Architectural Art........... 499,000
--------------------------------------------------------
____________________________________________________
Total, General Administration........................... $101,340,000
Congressional Youth Park
The conferees note that the fiscal year 2002 Legislative
Branch appropriations bill, Public Law 107-68 included a
provision designating a special parcel of the Capitol Grounds
as the Congressional Youth Park. The conferees commend the
Architect of the Capitol (AOC) for developing the Capitol
Complex Master Plan as a guiding document for the future
development of the Capitol grounds. The plan embraces Frederick
Law Olmstead's original landscape design establishing grounds
that enhance and elevate the U.S. Capitol. Integral to this
plan should be the original intent of the Botanic Garden to
educate visitors about the aesthetic, cultural, economic,
therapeutic, and ecological importance of plants. In this
spirit, the conferees direct the AOC to develop, as part of the
Capitol Complex Master Plan, the cultural landscape plan for
the Congressional Youth Park that aligns the use of the Park
with Olmstead's historically important vision about the
importance of the natural world in their daily lives. This
segment of the Master Plan shall also take into consideration
landscape requirements necessary to ensure the continued
security of the Capitol complex.
CAPITOL BUILDING
The conference agreement includes $36,154,000, of which
$11,063,000 shall remain available until September 30, 2016,
for maintenance, care, and operation of the Capitol.
With respect to operations and projects, the House and
Senate conferees have agreed to the following:
Operating Budget:....................................... $25,091,000
Project Budget:
1. Presidential Inaugural Stand and Support
Facilities........................................ 4,263,000
2. Brumidi Corridors Restoration and Conservation
Plan.............................................. 800,000
3. Minor Construction............................... 6,000,000
--------------------------------------------------------
____________________________________________________
Total, Capitol Building................................. $36,154,000
CAPITOL GROUNDS
The conference agreement includes $9,852,000 for the care
and improvements of the grounds surrounding the Capitol,
House and Senate office buildings, and the Capitol Power
Plant.
With respect to operations and projects, the House and
Senate conferees have agreed to the following:
Operating Budget........................................ $9,852,000
Total, Capitol Grounds.................................. $9,852,000
SENATE OFFICE BUILDINGS
The conference agreement includes $71,128,000 for Senate
Office Buildings, of which $13,128,000 shall remain available
until September 30, 2016, for the maintenance, care and
operation of the Senate office buildings. This item relates
solely to the Senate and is in accordance with long practice
under which each body determines its own housekeeping
requirements, and the other concurs without intervention.
Operating Budget........................................ $58,000,000
Project Budget:
1. Skylight Replacement (HSOB)...................... 5,000,000
2. Infrastructure Improvements, Phase 3, North Wing
(DSOB)............................................ 6,128,000
3. Minor Construction............................... 2,000,000
--------------------------------------------------------
____________________________________________________
Total, Senate Office Buildings.......................... $71,128,000
HOUSE OFFICE BUILDINGS
Base funding, House Office Buildings.--The conference
agreement includes $94,154,000 for the basic and recurring
needs of the House within the House Office Buildings account,
of which $45,631,000 shall remain available until September 30,
2016. These funds support the regular maintenance, care, and
operation of the House office buildings by the Architect of the
Capitol.
Operating Budget........................................ $48,523,000
Project Budget:
1. Alternate Life Safety Approach, CHOB............. 4,229,000
2. Interior Rehabilitation of the West House
Underground Garage................................ 18,000,000
3. Power Distribution System Replacement, Vault C,
FHOB.............................................. 3,957,000
4. Domestic Water and Sanitary Piping Replacement,
RHOB.............................................. 1,598,000
5. Fire Alarm System Replacement, RHOB.............. 1,457,000
6. CAO Project Support.............................. 4,390,000
7. 480V Switchgear & Transformer Replacement, Phase
III, HOB.......................................... 5,000,000
8. Minor Construction............................... 7,000,000
--------------------------------------------------------
____________________________________________________
Total, House Office Buildings (base program)............ $94,154,000
House Historic Buildings Revitalization Trust Fund.--In
addition to funding for core facility needs, the conference
agreement includes $30,000,000 for the Historic Buildings
Revitalization Trust Fund, to remain available until expended.
As these funds relate solely to the House, and is in
accordance with long practice under which each body determines
its own housekeeping requirements and the other concurs without
intervention.
CAPITOL POWER PLANT
In addition to the $9,000,000 made available from
receipts credited as reimbursements to this appropriation, the
conference agreement includes $123,229,000 for maintenance,
care and operation of the Capitol Power Plant. Of this amount,
$37,617,000 shall remain available until September 30, 2016.
With respect to operations and project differences, the
House and Senate conferees have agreed to the following:
Operating Budget (net).................................. $94,612,000
Project Budget:
1. Utility Tunnel Program........................... 14,406,000
2. WRP Chiller System Replacement, RPR, CPP......... 800,000
3. East Plant Chiller Relocation, RPR, CPP.......... 16,411,000
4. Cogeneration Management Program.................. 2,000,000
5. Minor Construction............................... 4,000,000
--------------------------------------------------------
____________________________________________________
Total, Capitol Power Plant.............................. $132,229,000
LIBRARY BUILDINGS AND GROUNDS
The conference agreement includes $46,876,000 for Library
of Congress buildings and grounds. Of this amount, $21,116,000
shall remain available until September 30, 2016.
With respect to operations and projects, the House and
Senate conferees have agreed to the following:
Operating Budget........................................ $25,760,000
Project Budget:
1. Sprinkler System, West Main Pavilion 1st Floor,
Phase III TJB..................................... 4,100,000
2. Egress Improvements.............................. 1,126,000
3. Generator Replacement JAB........................ 5,000,000
4. Secured Storage Facilities, Phase III............ 2,000,000
5. East and West Pavilion Copper Roof and Fall
Protection Replacement, Design.................... 309,000
6. Air Handling Unit Replacement and Hazardous
Materials Abatement, TJB.......................... 2,047,000
7. Fall Protection.................................. 4,034,000
8. ABA Space Reorganization, JMMB................... 500,000
9. Minor Construction............................... 2,000,000
--------------------------------------------------------
____________________________________________________
Total, Library Buildings and Grounds.................... $46,876,000
CAPITOL POLICE BUILDINGS, GROUNDS AND SECURITY
The conference agreement includes $21,500,000 for Capitol
Police Buildings, Grounds and Security. Of this amount,
$3,473,000 shall remain available until September 30, 2016.
With respect to operations and projects, the conferees
have agreed to the following:
Operating Budget........................................ $18,027,000
Project Budget:
1. Fire Alarm System Replacement, Headquarters...... 2,473,000
2. Minor Construction............................... 1,000,000
--------------------------------------------------------
____________________________________________________
Total, Capitol Police Buildings, Grounds and Security... $21,500,000
BOTANIC GARDEN
The conference agreement includes $12,000,000 for
salaries and expenses, Botanic Garden.
CAPITOL VISITOR CENTER
The conference agreement includes $21,276,000 for the
Capitol Visitor Center (CVC).
CVC GIFT SHOP
The conferees note that the CVC gift shop operating
budget exceeds the revenues generated within the gift shop
revolving fund. The conferees understand that there are
mitigating circumstances such as ``Buy American'' requirements
that account for the CVC gift shop operating differently than
other gift shops, such as the Library of Congress gift shop.
Given that the CVC gift shop has been operating for a few
years, the conferees believe it would be beneficial at this
juncture for the AOC to review and report on the operations and
steps that can be taken to improve operations within the
revolving fund understanding the distinctive parameters under
which the CVC gift shop operates. This report should be
provided to the Committee on Appropriations of the House and
Senate no later than March 31, 2012.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
REIMBURSABLE OVERTIME COSTS
The conference agreement includes an administrative
provision, section 1201, which authorizes the Architect of the
Capitol to reimburse the Capitol Police for the cost of
overtime associated with construction projects.
The conferees direct the Architect of the Capitol and the
United States Capitol Police to enter into a memorandum of
understanding to establish the appropriate mechanisms necessary
to implement this reimbursable process. The memorandum of
understanding shall include, but not be limited to, the
identification of the type and scope of construction projects
subject to reimbursement, the projected overtime and related
benefits costs for security requirements necessitated by a
specific project before the project commences, and the
reporting to the Architect of the Capitol actual costs for
reimbursement on a regular basis during and upon completion of
a security project. It is the conferees intent that this
practice will commence with the submission of the fiscal year
2013 budget request. The Architect of the Capitol shall submit
the requested overtime for ongoing and future construction
projects for fiscal year 2013. During fiscal year 2013, and for
future fiscal years, if overtime costs exceed those requested,
the Architect of the Capitol, with the concurrence of the
Capitol Police, will submit such costs to the House and Senate
Committees on Appropriations for approval.
The conference agreement includes an administrative
provision, section 1202, concerning the Capitol grounds.
LIBRARY OF CONGRESS
SALARIES AND EXPENSES
The conference agreement includes $413,743,000 in direct
appropriations, of which $6,959,000 is to remain available
until expended for digital collections and educational
curricula program, Library of Congress. In addition to this
amount $6,350,000 is available from receipts collected by the
Library of Congress and is to remain available until expended.
Copyright Office
SALARIES AND EXPENSES
The conference agreement includes $16,137,000 in direct
appropriations to the Copyright Office. An additional
$35,513,000 is made available from receipts for salaries and
expenses.
Congressional Research Service
SALARIES AND EXPENSES
The conference agreement includes $106,790,000 for
salaries and expenses, Congressional Research Service including
up to $1,000,000 for a review of the Government Printing
Office.
BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED
SALARIES AND EXPENSES
The conference agreement includes $50,674,000 for
salaries and expenses. This amount includes $650,000 for costs
to provide recorded newspaper services for the blind and
physically handicapped. The conferees have agreed that up to
$2,000,000 of unobligated balances can be utilized for media
production.
ADMINISTRATIVE PROVISIONS
The conferees have agreed to include administrative
provisions (sections 1301-1304) related to reimbursable and
revolving fund activities, transfer authority, availability of
funds for Workers Compensation Payments, and disposition of
surplus or obsolete personal property.
Government Printing Office
Operational Review
Over the past 10 years, the Government Printing Office
has regularly contracted out approximately 75% of the dollar
value of all work ordered annually (other than U.S. passports
and secure credentials). The vast majority of the work that is
contracted out is for the Executive Branch. Printing for the
Congress, passports for State Department, secure credentials
for Federal agencies and Congress, products for the Office of
the Federal Register, and several important jobs of the
Executive Branch, such as the President's Annual Budget and
printing for the White House, are conducted in-house, as are
all of GPO's digital information operations serving all three
branches of the Federal Government. The conferees note that
several studies evaluating GPO's production, procurement, and
information dissemination programs and operations, including
the Federal Depository Library Program, have been conducted in
the past. The conferees also note that past reviews have
supported the GPO's business model as the most efficient way in
which the government should operate its printing and
information dissemination responsibilities. The conferees
believe that the GPO and the Congress would benefit from an
update of these reviews, particularly given the growth in
printing and digital technology in recent years, including the
feasibility of Executive Branch printing being continued to be
performed by the GPO, and other cost saving operational
alternatives that might be worthy of consideration. Within
available funds under the heading, ``Congressional Research
Service'' , the conferees direct the Congressional Research
Service to award a grant or contract to the National Academy of
Public Administration, an independent, nonpartisan organization
that was chartered by Congress to assist Federal, State, and
local governments in improving their effectiveness, efficiency,
and accountability, to conduct a study on updating a review of
GPO operations and additional cost saving opportunities beyond
what GPO has already instituted, if any, and report its
findings to the Committee on Appropriations of the House and
Senate no later than one year after enactment of this Act.
CONGRESSIONAL PRINTING AND BINDING
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $90,700,000 for
authorized printing and binding for the Congress.
OFFICE OF THE SUPERINTENDENT OF DOCUMENTS
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $35,000,000.
GOVERNMENT PRINTING OFFICE REVOLVING FUND
The conference agreement includes $500,000.
Government Accountability Office
SALARIES AND EXPENSES
The conference agreement includes $511,296,000 in direct
appropriations for salaries and expenses, Government
Accountability Office. In addition, $22,304,000 is available
from offsetting collections.
ADMINISTRATIVE PROVISION
The agreement includes an administrative provision,
section 1401, that allows GAO to be treated the same as other
Legislative Branch agencies regarding employee buyout
authority.
The conferees direct that GAO cease all work and no funds
are provided for any GAO study related to the study requested
in House Report 112-148 regarding the future of the Government
Printing Office. That work is being conducted by NAPA through
CRS.
Cost Analysis
The conferees believe that in order to provide the GAO
with the appropriate funding level to conduct its audits
efficiently, the conferees need a complete understanding of the
costs associated with conducting the audits. The concern that
certain costs associated with the reports cannot be accounted
for was heightened by the GAO Office of Inspector General
report noting that ``GAO's travel card program could be
strengthened by adopting selected best practices identified in
related Office of Management and Budget (OMB) guidance. . . .
Further, we found that OMB's travel card guidance was not used
by GAO to manage or assess the effectiveness of its travel card
program controls.'' Therefore, the conferees direct the GAO to
report to the Senate and House Committees on Appropriations on
a semi-annual basis, with a cost analysis by function of its
work products, a total funding level for any completed report
during the fiscal year, and the number of reports previously
conducted on the particular issues for which reports are being
conducted.
Open World Leadership Center Trust Fund
The conference agreement includes $10,000,000 for payment
to the Open World Leadership Center Trust Fund.
In June 2003 the House Committee on Appropriations
directed the Government Accountability Office (GAO) to assess
the overall effectiveness and efficiency of the Open World
Leadership Center (OWLC) in fulfilling its responsibilities and
role in achieving the overall intent and purposes of the
program. In March 2004 the GAO issued a report (GAO-04-436)
containing recommendations that OWLC establish strategic and
performance plans, strengthen assessing and reporting on
program performance, and improve its financial management and
accountability mechanisms. In the report the OWLC took issue
with the GAO emphasis on performance measures, noting that its
success is only measurable in the medium or long term. The
conferees direct the GAO to reexamine the OWLC regarding the
recommendations to determine what action has been taken to meet
the GAO recommendations with special emphasis on financial
management and performance measures. It has been a number of
years since this report was issued, and the conferees believe
enough time has lapsed to determine progress in both these
fields. Therefore, the conferees direct the GAO to reexamine
the recommendations of the March 2004 report with emphasis on
financial management and accountability mechanisms and the
measurable benefits of the OWLC. GAO shall consult with the
Committees on Appropriations as it develops the methodology and
scope of the review. GAO shall issue its final report by August
2012 and provide regular updates to the Committees prior to
issuing the final report.
John C. Stennis Center For Public Service Training and Development
The conference agreement includes $430,000. The conferees
direct that future budget requests from the John C. Stennis
Center be accompanied by an appropriately detailed budget
justification.
TITLE II--GENERAL PROVISIONS
The conference agreement continues, in sections 201 to
209, nine routine provisions carried in prior years. In
addition the agreement includes section 210 related to delivery
of printed copies of bills, joint resolutions, and resolutions,
section 211 related to delivery of printed copies of the
Congressional Record being delivered to a Member's House
office, and section 212 related to Members of the House, which
places a limitation on the amount that can be expended for the
lease of a vehicle.
Reprogramming Guidelines for Legislative Branch Agencies
The conferees expect all agencies to notify the
Committees on Appropriations of the House and Senate of any
significant departures from budget plans presented to the
Committees of the House and Senate. In particular, agencies
funded in this bill are required to notify the Committees prior
to each reprogramming of funds in excess of the lesser of 10
percent or $500,000 between programs, projects, or activities,
or in excess of $500,000 between object classifications (except
for shifts within the pay categories, object class 11, 12, and
13, or as further specified in each agency's respective
section). This includes cumulative reprogrammings that together
total at least $500,000 from or to a particular program,
activity, or object classification, as well as reprogramming of
FTEs or funds to create new organizational entities within the
Agency or to restructure entities which already exist. These
guidelines remain effective unless modified by a subsequent
conference.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DIVISION H--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
AGENCIES APPROPRIATIONS ACT, 2012
Matters Addressed by Only One Committee.--The language
and allocations set forth in House Report 112-94 and Senate
Report 112-29 should be complied with unless specifically
addressed to the contrary in the conference agreement and this
explanatory statement. Report language included by the House,
which is not changed by the report of the Senate or this
explanatory statement, and Senate report language, which is not
changed by this explanatory statement, is approved by the
Committees on Appropriations of both Houses of Congress. This
explanatory statement, while repeating some report language for
emphasis, does not intend to negate the language referred to
above unless expressly provided herein. In cases where the
House or the Senate has directed the submission of a report,
such report is to be submitted to both Houses of Congress.
House or Senate reporting requirements with deadlines prior to,
or within 15 days after, enactment of the conference agreement
shall be submitted no later than 60 days after enactment of
this Act. All other reporting deadlines not changed by this
explanatory statement are to be met.
TITLE I
DEPARTMENT OF DEFENSE
ITEMS OF GENERAL INTEREST
Reprogramming Guidelines.--The following reprogramming
guidelines apply for all military construction and family
housing projects. A project or account (including the sub-
elements of an account) which has been specifically reduced by
the Congress in acting on the budget request is considered to
be a congressional interest item and as such, prior approval is
required. Accordingly, no reprogrammings to an item
specifically reduced below the threshold by the Congress are
permitted, except that the Department of Defense may seek
reprogrammings for appropriated increments.
The reprogramming criteria that apply to military
construction projects (25 percent of the funded amount or
$2,000,000, whichever is less) continue to apply to new housing
construction projects and to improvements over $2,000,000. To
provide the services the flexibility to proceed with
construction contracts without disruption or delay, the costs
associated with environmental hazard remediation such as
asbestos removal, radon abatement, lead-based paint removal or
abatement, and any other legislated environmental hazard
remediation may be excluded, provided that such remediation
requirements could not be reasonably anticipated at the time of
the budget submission. This exclusion applies to projects
authorized in this budget year, as well as projects authorized
in prior years for which construction has not been completed.
Planning and design costs associated with military construction
and family housing projects may also be excluded from these
guidelines. In instances where prior approval to a
reprogramming request for a project or account has been
received from the Committees on Appropriations, the adjusted
amount approved becomes the new base for any future increase or
decrease via below-threshold reprogrammings (provided that the
project or account is not a congressional interest item as
defined above).
In addition to these guidelines, the services are
directed to adhere to the guidance for military construction
reprogrammings and notifications, including the pertinent
statutory authorities contained in DOD Financial Management
Regulation 7000.14-R and relevant updates and policy memoranda.
The conferees encourage the Office of the Director of National
Intelligence to use a format similar to that used by the Office
of the Secretary of Defense to submit reprogramming requests.
Incrementally Funded Projects.--The conferees note that
the Administration requested several large military
construction projects that can be incrementally funded, but
were instead submitted as large single-year requests, in
accordance with a directive from the Office of Management and
Budget to the Department of Defense to severely restrict the
use of incremental funding for military construction. The
Committees on Appropriations of both Houses of Congress have
previously notified the Administration that they reserve the
prerogative to provide incremental funding where appropriate,
in accordance with authorizing legislation. The conferees
continue to believe that military construction projects should
be fully funded or separated into stand-alone phases when
practical. In some cases, however, incremental funding makes
fiscal and programmatic sense. The conference agreement
therefore incrementally funds the following projects: Aviation
Complex Phase 3A, Fort Wainwright, Alaska; Mountainview
Operations Facility, Buckley AFB, Colorado; Hospital
Replacement, Increment 3, Fort Bliss, Texas; Ambulatory Care
Center Phase 3, Joint Base San Antonio, Texas; STRATCOM
Replacement Facility, Increment 1, Offutt AFB, Nebraska; Data
Center, Increment 3, Camp Williams, Utah; Ambulatory Care
Center, Ph 3, Joint Base Andrews, Maryland; and Strike Fuel
Systems Maintenance Hanger, Anderson AFB, Guam.
Quarterly Summary of Notifications.--The conferees direct
the services and the Office of the Secretary of Defense (on
behalf of itself and Defense agencies) to continue to submit a
quarterly report listing all notifications, to include bid
savings by service and Defense agencies, that have been
submitted to the Committees during the preceding three-month
period.
Report on Design Obligations.--The conferees direct that
the Secretary of Defense, and the secretaries of the Army,
Navy, and Air Force, each submit separate semi-annual reports
on the obligation and expenditure of planning and design funds.
The Secretary of Defense's report shall cover Military
Construction, Defense-Wide, and the reports by the Army, Navy,
and Air Force shall cover active, guard, and reserve military
construction accounts. Each report shall provide data on the
total amount available from each and all fiscal years for
planning and design activities, as well as the amounts
currently obligated and expended. The reports shall be
submitted no later than 30 days following the end of the second
and fourth quarters of fiscal year 2012 and semi-annually no
later than 30 days following the second and fourth quarters of
each fiscal year thereafter.
Quadrennial Defense Review/Nuclear Posture Review (QDR/
NPR).--The conference agreement does not reference language
requiring the Secretary of Defense to submit a report regarding
future funding for the QDR/NPR programs because the reporting
requirement has already been fulfilled.
Army Stationing in Europe.--In order to better understand
future requirements for U.S. military construction in Germany
in light of current and projected realignment activities, the
conferees direct that no later than 90 days after enactment of
this Act, the Secretary of Defense shall provide a report, in
writing, on installations and properties in Germany that the
Department of Defense intends to return to the host nation.
This report should include (1) intended timelines for closures
of U.S. Army installations along with a list of military
construction projects required at other installations to
facilitate the downsizing and consolidation of Army forces in
Germany; (2) identification of the brigade combat team that
will be withdrawn from Germany; (3) an estimate of costs
(including operation and maintenance costs and military
construction costs) to be incurred during fiscal years 2012
through 2015 in connection with keeping the brigade identified
in Germany through September 30, 2015, versus stationing a
similar brigade in the United States; and (4) identification of
the Army installations in the United States with the
capability, existing infrastructure, and training facilities to
support a brigade combat team similar to the one referenced
above. The report should be submitted to the Committees on
Appropriations of both Houses of Congress and may include a
classified annex if necessary.
Guam Realignment.--The conferees support the
Administration's focus on strengthening the U.S. military
posture in the Pacific region. One of the most ambitious
undertakings by the Department of Defense is the joint U.S.-
Japanese plan to move 8,000 Marines and their families from
Okinawa to Guam. The conferees note that a number of unforeseen
obstacles, including lengthy environmental studies, legal
challenges, and land use issues, have hampered the Department's
ability to execute planned military construction projects
associated with the realignment that have been funded in
previous appropriations bills. In light of these delays, the
conference agreement does not include funding, as requested,
for two projects associated with the realignment. The conferees
encourage the Department to complete the Guam master plan and
provide a revised cost estimate and timetable for the Guam
relocation so that the realignment can proceed without further
delay.
MILITARY CONSTRUCTION, ARMY
The conference agreement appropriates $3,006,491,000 for
Military Construction, Army, instead of $3,041,491,000 as
proposed by the House and $3,066,891,000 as proposed by the
Senate. Within this amount, the agreement provides $229,741,000
for study, planning, design, architect and engineer services,
and host nation support, the same amount as proposed by the
House and Senate.
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
The conference agreement appropriates $2,112,823,000 for
Military Construction, Navy and Marine Corps, instead of
$2,436,547,000 as proposed by the House and $2,187,622,000 as
proposed by the Senate. Within this amount, the agreement
provides $84,362,000 for study, planning, design, architect and
engineer services, the same amount as proposed by the House and
Senate.
MILITARY CONSTRUCTION, AIR FORCE
The conference agreement appropriates $1,227,058,000 for
Military Construction, Air Force, instead of $1,247,358,000 as
proposed by the House and $1,227,058,000 as proposed by the
Senate. Within this amount, the agreement provides $81,913,000
for study, planning, design, architect and engineer services,
the same amount as proposed by the House and Senate.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
The conference agreement appropriates $3,431,957,000 for
Military Construction, Defense-Wide, instead of $3,533,757,000
as proposed by the House and $3,380,917,000 as proposed by the
Senate. Within this amount, the agreement provides $430,602,000
for study, planning, design, architect and engineer services,
the same amount as proposed by the House and Senate.
Fort Gordon, Georgia, National Security Agency (NSA)
Project Adjustment.--The President's budget submission included
$11,340,000 for the NSA Whitelaw Wedge Building addition at
Fort Gordon, Georgia. Subsequent to the budget submission NSA
determined that the cost of the project had increased to
$17,705,000 and requested a $6,365,000 funding adjustment for
the project. The Director of the NSA transmitted a formal
request for this adjustment to the Committees on Appropriations
of the House and Senate on June 2, 2011. Therefore, the
conference agreement includes an additional $6,365,000 for this
project as requested, with a corresponding decrement from the
NSA minor construction account.
Department of Defense Education Activity (DODEA)
Schools.--The conferees note that over 86,000 children attend
DODEA schools in the United States and overseas, but according
to the 2009 DOD Report to Congress on Department of Defense
Education Activity's Military Construction Program, 79 percent
of DODEA schools were structurally rated as poor or failing.
The conferees note that DOD's Future Years Defense Plan (FYDP)
for fiscal years 2012 through 2016 includes funding to
recapitalize many, but not all, of these schools. The conferees
urge the Secretary of Defense to prioritize the
recapitalization of all poor or failing DODEA schools, and
accelerate funding for this purpose in future FYDPs.
Energy Conservation Investment Program (ECIP).--The
conference agreement provides $135,000,000 for ECIP, as
proposed by both the House and the Senate. Additionally, the
conference agreement provides $10,000,000 in dedicated funding
for ECIP planning and design, as proposed by the Senate. The
conferees strongly support the efforts of the Department of
Defense to promote energy conservation, green building
initiatives, energy security, and investment in renewable
energy resources, and commend the leadership of the Department
and the services for making energy efficiency a key component
of construction on military installations. The conferees urge
the Department to use the the dedicated planning and design
funds to invest in innovative renewable energy projects as well
as projects that enhance energy security at military
installations and encourages the Department to request
dedicated planning and design funding for ECIP in future budget
submissions.
Landstuhl Regional Medical Center.--The conferees
strongly support the construction of the new Landstuhl Regional
Medical Center in Germany to replace the current aging
facility, which is inefficient, and structurally a failing
facility. However, the conferees note that the size, scope and
design of the proposed replacement hospital was initiated
several years ago, before the withdrawal schedule for U.S.
troops in Iraq and Afghanistan was established, and before
looming budget restraints prompted the Department of Defense
(DOD) to reconsider all overseas basing of U.S. military
forces. Given the potential for major force structure
reductions in Europe, the conferees believe that the planning
assumptions for the new Landstuhl Regional Medical Center
should be re-evaluated to ensure that the facility is properly
sized and scoped to meet the emerging contingency and force
structure requirements in Europe.
Because of the importance of this project, the conference
agreement fully funds the Department's request to proceed with
site preparation and utility infrastructure for the replacement
hospital. However, the conference agreement restricts the
Department from awarding a design contract for the hospital
that exceeds the 20 percent design level until the Secretary of
Defense has provided a plan to the Committees on Appropriations
of the House of Representatives and the Senate describing how
it intends to implement the recommendations of a Government
Accountability Office study with regard to the plans, baseline
data, and estimated cost of the new facility, and certifies
that the replacement hospital is properly sized and scoped to
meet the projected health care requirements.
The conferees further direct DOD to provide to the
Committees, in conjunction with the certification,
justification supporting the size and scope of the replacement
hospital that includes, at a minimum, (1) documentation that
clearly shows how health care requirements were used to
calculate the size, configuration, and associated costs of the
facility, and (2) a risk or sensitivity analysis that assesses,
at a minimum, how potential global posture changes in the area
of responsibility of the European Command may impact the health
care requirements for the proposed facility.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
The conference agreement appropriates $773,592,000 for
Military Construction, Army National Guard, as proposed by the
Senate instead of $798,592,000 as proposed by the House. Within
this amount, the agreement provides $20,671,000 for study,
planning, design, architect and engineer services.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
The conference agreement appropriates $116,246,000 for
Military Construction, Air National Guard, as proposed by the
both the House and the Senate. Within this amount, the
agreement provides $12,225,000 for study, planning, design,
architect and engineer services.
MILITARY CONSTRUCTION, ARMY RESERVE
The conference agreement appropriates $280,549,000 for
Military Construction, Army Reserve, as proposed by both the
House and the Senate. Within this amount, the agreement
provides $28,924,000 for study, planning, design, architect and
engineer services.
MILITARY CONSTRUCTION, NAVY RESERVE
The conference agreement appropriates $26,299,000 for
Military Construction, Navy Reserve, as proposed by both the
House and the Senate. Within this amount, the agreement
provides $2,591,000 for study, planning, design, architect and
engineer services.
MILITARY CONSTRUCTION, AIR FORCE RESERVE
The conference agreement appropriates $33,620,000 for
Military Construction, Air Force Reserve, as proposed by both
the House and the Senate. Within this amount, the agreement
provides $2,200,000 for study, planning, design, architect and
engineer services.
NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
The conference agreement appropriates $247,611,000 for
the North Atlantic Treaty Organization Security Investment
Program, the same amount as proposed by the House, instead of
$272,611,000 as proposed by the Senate.
FAMILY HOUSING CONSTRUCTION, ARMY
The conference agreement appropriates $176,897,000 for
Family Housing Construction, Army, instead of $186,897,000 as
proposed by both the House and the Senate.
FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY
The conference agreement appropriates $493,458,000 for
Family Housing Operation and Maintenance, Army instead of
$494,858,000 as proposed by both the House and the Senate.
General Officer Flag Officer Quarters.--The conferees
reduced the request for Family Housing Operation and
Maintenance by $1,400,000 based on the Secretary of the Army's
notification that the exterior repairs in Stuttgart, Germany,
are no longer necessary.
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS
The conference agreement appropriates $100,972,000 for
Family Housing Construction, Navy and Marine Corps as proposed
by both the House and the Senate.
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS
The conference agreement appropriates $367,863,000 for
Family Housing Operation and Maintenance, Navy and Marine Corps
as proposed by both the House and the Senate.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
The conference agreement appropriates $60,042,000 for
Family Housing Construction, Air Force instead of $84,804,000
as proposed by both the House and the Senate. The funding
adjustment was requested by the Air Force to offset a shortfall
in family housing operation and maintenance funding. To cover
the shortfall, the Air Force requested the cancellation of a
family housing construction improvement project at Misawa,
Japan, resulting in a decrease of $24,762,000 from the budget
submission.
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE
The conference agreement appropriates $429,523,000 for
Family Housing Operation and Maintenance, Air Force instead of
$404,761,000 as proposed by both the House and the Senate. The
$24,762,000 increase was requested by the Air Force to cover a
projected shortfall in family housing operation and maintenance
funding. The funding increase is offset by a corresponding
reduction of $24,762,000 in Air Force family housing
construction funding.
FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE
The conference agreement appropriates $50,723,000 for
Family Housing Operation and Maintenance, Defense-Wide as
proposed by both the House and the Senate.
DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND
The conference agreement appropriates $2,184,000 for the
Department of Defense Family Housing Improvement Fund as
proposed by both the House and the Senate.
HOMEOWNERS ASSISTANCE FUND
The conference agreement appropriates $1,284,000 for the
Homeowners Assistance Fund as proposed by both the House and
the Senate. The conference agreement also includes language
that the Secretary of Defense shall not issue any regulation or
otherwise take any action to limit the submission of
applications prior to September 30, 2012, 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
The conference agreement appropriates $75,312,000 for
Chemical Demilitarization Construction, Defense-Wide as
proposed by both the House and the Senate.
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990
The conference agreement appropriates $323,543,000 for
the Department of Defense Base Closure Account 1990, as
proposed by the Senate instead of $373,543,000 as proposed by
the House.
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005
The conference agreement appropriates $258,776,000 for
the Department of Defense Base Closure Account 2005, as
proposed by both the House and Senate. The conferees note that
significant bid savings have been realized in the BRAC 2005
military construction program, primarily as a result of the
favorable bid climate over the past several years, and believe
that these savings should be used to offset current BRAC 2005
requirements as well as current and projected requirements of
the Homeowners Assistance Program. The conferees therefore are
rescinding $258,776,000 from previous BRAC 2005 appropriations
(Sec. 132 of Administrative Provisions) to offset the fiscal
2012 request. Additionally, the conferees direct the Department
to use the transfer authority provided elsewhere in this Act to
transfer sufficient unobligated balances from the BRAC 2005
account to the Homeowners Assistance Program to address
eligible claims for benefits, including permanent change of
station benefits, submitted through September 30, 2012.
BRAC 133.--On November 30, 2011, the Department of
Defense Inspector General (DODIG) released report number DODIG
2012-024, which found that the Army's transportation management
plan for Base Closure and Realignment (BRAC) recommendation
#133 (Mark Center) was based on faulty data, rendering the
transportation plan's findings and conclusions unreliable.
Further, the Inspector General found that the traffic studies
used to develop the plan do not address the totality of issues
related to site ingress and egress, nor will the plan achieve
its goal of reducing single-occupancy vehicle utilization. The
conferees find the analysis as outlined in the DODIG's report
deeply troubling. Equally troubling is the Army's refusal to
even consider the DODIG's recommendations.
In an effort to mitigate traffic congestion surrounding
the Mark Center site, the conference agreement includes a
limitation on the number of parking spaces the Department may
utilize at the Mark Center to no more than 2,000, with the
exception of disabled parking spaces. The limitation may be
waived in part, but not in whole, if the Secretary of Defense
certifies that none of the intersections surrounding the Mark
Center reach failing levels of service ``e'' or ``f,'' as
defined by the Transportation Research Board Highway Capacity
Manual, during a consecutive 90-day period.
Should the intersections currently undergoing traffic
monitoring surrounding the Mark Center be deemed as not to have
reached failing levels of service, the Department of Defense
(DOD) and the Virginia Department of Transportation (VDOT) must
agree to the number of additional spaces that may be utilized
at the Mark Center, which would then be subject to another 90-
day traffic monitoring program. To ensure that the Department
adequately plans and mitigates traffic generated by the BRAC
#133 development, the Department is directed to implement the
DODIG's 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.
The conferees recognize that the employees that work at
the Mark Center bear no fault in the poor planning and
execution of the transportation management plan. The conferees
therefore strongly encourage the Department of Defense to
examine mandatory commuting alternatives such as telework,
flexible work schedules, satellite parking facilities with
dedicated shuttle service to the Mark Center, parking capacity
at the Pentagon, additional ridesharing and public transit
incentives and all other means to ensure that Mark Center
employees can commute to and from work without undue burden.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
The conference agreement includes section 101 as proposed
by both the House and the Senate limiting the use of funds
under a cost-plus-a-fixed-fee contract.
The conference agreement includes section 102 as proposed
by both the House and the Senate allowing the use of
construction funds in this title for hire of passenger motor
vehicles.
The conference agreement includes section 103 as proposed
by both the House and the Senate allowing the use of
construction funds in this title for advances to the Federal
Highway Administration for the construction of access roads.
The conference agreement includes section 104 as proposed
by both the House and the Senate prohibiting construction of
new bases in the United States without a specific
appropriation.
The conference agreement includes section 105 as proposed
by both the House and the Senate limiting the use of funds for
the purchase of land or land easements that exceed 100 percent
of the value.
The conference agreement includes section 106 as proposed
by both the House and the Senate prohibiting the use of funds,
except funds appropriated in this title for that purpose, for
family housing.
The conference agreement includes section 107 as proposed
by both the House and the Senate limiting the use of minor
construction funds to transfer or relocate activities.
The conference agreement includes section 108 as proposed
by both the House and the Senate prohibiting the procurement of
steel unless American producers, fabricators, and manufacturers
have been allowed to compete.
The conference agreement includes section 109 as proposed
by both the House and the Senate prohibiting the use of
construction or family housing funds to pay real property taxes
in any foreign nation.
The conference agreement includes section 110 as proposed
by both the House and the Senate prohibiting the use of funds
to initiate a new installation overseas without prior
notification.
The conference agreement includes section 111 as proposed
by the Senate establishing a preference for American
architectural and engineering services for overseas projects.
The House bill contained a similar provision, but included
countries within the United States Central Command Area of
Responsibility.
The conference agreement includes section 112 as proposed
by the Senate establishing a preference for American
contractors in certain locations. The House bill contained a
similar provision, but included countries within the United
States Central Command Area of Responsibility.
The conference agreement includes section 113 as proposed
by both the House and the Senate requiring congressional
notification of military exercises when construction costs
exceed $100,000.
The conference agreement includes section 114 as proposed
by both the House and the Senate limiting obligations in the
last two months of the fiscal year.
The conference agreement includes section 115 as proposed
by both the House and the Senate allowing funds appropriated in
prior years for new projects authorized during the current
session of Congress.
The conference agreement includes section 116 as proposed
by both the House and the Senate allowing the use of expired or
lapsed funds to pay the cost of supervision for any project
being completed with lapsed funds.
The conference agreement includes section 117 as proposed
by both the House and the Senate allowing military construction
funds to be available for five years.
The conference agreement includes section 118 as proposed
by both the House and the Senate allowing the transfer of
proceeds between BRAC accounts.
The conference agreement includes section 119 as proposed
by both the House and the Senate allowing the transfer of funds
from Family Housing Construction accounts to the Family Housing
Improvement Fund.
The conference agreement includes section 120 as proposed
by both the House and the Senate allowing transfers to the
Homeowners Assistance Fund.
The conference agreement does not include a provision
proposed by the Senate (Sec. 120) requiring congressional
notification prior to issuing a solicitation for a contract
with the private sector for family housing. The House bill
contained no similar provision.
The conference agreement includes section 121 as proposed
by both the House and the Senate limiting the source of
operation and maintenance funds for flag and general officer
quarters and allowing for notification by electronic medium.
The conference agreement includes section 122 as proposed
by both the House and the Senate extending the availability of
funds in the Ford Island Improvement Account.
The conference agreement includes section 123 as proposed
by both the House and the Senate placing limitations on the
expenditure of funds for projects impacted by BRAC 2005.
The conference agreement includes section 124 as proposed
by both the House and the Senate allowing the transfer of
expired funds to the Foreign Currency Fluctuations,
Construction, Defense account.
The conference agreement includes section 125 as proposed
by the Senate allowing for the reprogramming of construction
funds among projects and activities subject to certain
criteria. The House bill contained a similar provision with an
additional reporting requirement.
The conference agreement does not include a provision
proposed by the House (Sec. 126) rescinding unobligated
balances available for the Base Realignment and Closure Account
1990. The Senate bill contained no similar provision.
The conference agreement includes a modified section 126
as proposed by the Senate related to the closure of the
Umatilla Army Chemical Depot. The House bill contained no
similar provision.
The conference agreement includes a modified section 127
as proposed by the House which limits parking at BRAC 133 to
2,000 spaces and includes other requirements and exemptions.
The Senate bill contained no similar provision.
The conference agreement includes section 128 as proposed
by the Senate restricting the obligation of funds for a
permanent United States Africa Command headquarters outside of
the United States until an analysis of all military
construction costs is submitted to the congressional defense
committees. The House bill contained no similar provision.
The conference agreement includes section 129 as proposed
by the House prohibiting the use of funds for any action
related to the expansion of Pinon Canyon Maneuver Site,
Colorado. The Senate bill contained no similar provision.
The conference agreement includes a modified section 130
as proposed by the House restricting the obligation of funds
for relocating an Army unit that performs a testing mission.
The Senate bill contained no similar provision.
The conference agreement does not include a provision
proposed by the Senate (Sec. 129) restricting the obligation of
funds for military construction projects in Germany. The House
bill contained no similar provision. This issue is instead
addressed under Items of General Interest in Title I.
The conference agreement does not include a provision
proposed by the Senate (Sec. 130) requiring a report on the
status and improvement plan for all DODEA schools with Q3 or Q4
rating. The House bill contained no similar provision. This
issue is instead addressed under Military Construction,
Defense-Wide in Title I.
The conference agreement includes section 131 rescinding
unobligated balances primarily due to bid savings from the
following accounts in the specified amounts: 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. The Senate bill contained no similar provision.
The conference agreement includes section 132 rescinding
unobligated balances from the Department of Defense Base
Closure Account 2005. The House bill contained a similar
provision and the Senate bill contained no similar provision.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
The conference agreement appropriates $51,237,567,000 for
Compensation and Pensions instead of $58,067,319,000 as
proposed by both the House and the Senate. The agreement
reflects new estimates provided in the Administration's mid-
session review. Of the amount provided, not more than
$32,187,000 is to be transferred to General Operating Expenses,
Veterans Benefits Administration, Medical Support and
Compliance, and Information Technology Systems for
reimbursement of necessary expenses in implementing provisions
of title 38, as proposed by both the House and the Senate.
READJUSTMENT BENEFITS
The conference agreement appropriates $12,108,488,000 for
Readjustment Benefits instead of $11,011,086,000 as proposed by
both the House and the Senate. The agreement reflects new
estimates provided in the Administration's mid-session review.
VETERANS INSURANCE AND INDEMNITIES
The conference agreement appropriates $100,252,000 for
Veterans Insurance and Indemnities as proposed by both the
House and the Senate.
VETERANS HOUSING BENEFIT PROGRAM FUND
The conference agreement appropriates such sums as may be
necessary for costs associated with direct and guaranteed loans
for the Veterans Housing Benefit Program Fund, as proposed by
both the House and the Senate. The agreement limits obligations
for direct loans to not more than $500,000 and provides that
$154,698,000 shall be available for administrative expenses, as
proposed by both the House and the Senate.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
The conference agreement appropriates $19,000 for the
cost of direct loans from the Vocational Rehabilitation Loans
Program Account, plus $343,000 to be paid to the appropriation
for General Operating Expenses, Veterans Benefits
Administration, as proposed by both the House and the Senate.
The agreement provides for a direct loan limitation of
$3,019,000 as proposed by both the House and the Senate.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
The conference agreement appropriates $1,116,000 for
administrative expenses of the Native American Veteran Housing
Loan Program Account as proposed by both the House and the
Senate.
VETERANS HEALTH ADMINISTRATION
AREAS OF INTEREST
Rural access. The conferees are deeply concerned about
the difficulties veterans in rural areas face in finding
appropriate and accessible Department of Veterans Affairs (VA)
health care. As identified in the House and Senate reports, the
conferees urge the VA to focus on infrastructure improvements
at small and mid-sized medical centers, to consider offering
mobile health services, to promulgate regulations allowing
veterans service organizations to provide better transportation
options for rural veterans, and to partner with State and local
organizations to identify veterans in rural and highly rural
areas. The conferees also expect to see a long-range strategic
plan for the Office of Rural Health, as well as that Office's
response to recommendations in the Inspector General's April
2011 report. The conferees emphasize that all reports on rural
access issues requested by either the House or Senate are
required to be submitted to the Committees on Appropriations of
the House of Representatives and the Senate (``Committees'') 90
days after enactment of this Act, as described in the first
section of this explanatory statement. In addition to the
strategic plan, the conferees strongly urge the Department to
improve the accessibility, efficiency, and effectiveness of
rural healthcare by detailing options available for veterans
who need to access healthcare from facilities which are ``split
campus'' models where outpatient care and specialty services
are not collocated.
Licensing. The conferees urge the Department of Defense
(DOD) and the VA to examine ways to eliminate duplicative
licensing requirements as described in Senate Report 112-29.
MEDICAL SERVICES
The conference agreement appropriates $41,354,000,000 in
advance for fiscal year 2013 for Medical Services, as proposed
by both the House and the Senate. The agreement does not extend
the availability of any of this funding until September 30,
2014, as proposed by the House. The conferees do not include
the language proposed by the House limiting the use of
$664,000,000 of fiscal year 2012 medical services funding to
the fourth quarter and only once approval is obtained from the
Committees.
The conference agreement fully funds the family
caregivers program at the request level of $248,000,000 for
fiscal year 2013. The conferees urge the VA to ensure that the
caregivers program remains a top priority.
The conference agreement provides sufficient resources to
fully implement VA homeless assistance programs, including the
providers grant and per diem, domiciliary care for homeless
veterans, and the HUD-VA supported housing program. In
particular, the conferees urge the VA to focus on homeless
veterans living in rural and highly rural areas.
The conferees concur with the direction of the House
regarding an annual report detailing the distribution of
medical services funding among the Veterans Integrated Service
Networks, central headquarters, and medical centers.
The conferees concur with the House report language
directing the VA not to convert dialysis service from contract-
provided care to in-house care until after completion and
evaluation of its pilot demonstration. The conferees include an
exception to this directive if there are any locations where it
would result in a diminution of clinical care.
The conferees urge the VA to continue implementation of
the Integrated Mental Health Strategy.
The conferees note that VA HIV testing rates
significantly improved at VA facilities which used a clinical
reminder to prompt routine HIV testing. The conferees urge the
VA to employ HIV testing clinical reminders at all VA medical
centers to accelerate the implementation of routine HIV
testing, consistent with VHA Directive 2009-036. The conferees
also encourage the VA to continue to award laboratory and
clinical grants to implement routine HIV testing.
MEDICAL SUPPORT AND COMPLIANCE
The conference agreement appropriates $5,746,000,000 in
advance for fiscal year 2013 for Medical Support and
Compliance, as proposed by both the House and the Senate. The
agreement does not extend the availability of any of this
funding until September 30, 2014, as proposed by the House.
MEDICAL FACILITIES
The conference agreement appropriates $5,441,000,000 in
advance for fiscal year 2013 for Medical Facilities, as
proposed by both the House and the Senate. The agreement does
not extend the availability of any of this funding until
September 30, 2014, as proposed by the House. The conferees
urge the Department to submit an additional fiscal year 2013
budget request for Medical Facilities with the submission of
the 2013 budget to address the need for increased non-recurring
maintenance funding. Additionally, the conferees direct the
Department to submit no later than April 6, 2012, a
comprehensive list by location of all established multi-
specialty outpatient clinics and any proposed to be opened in
fiscal year 2012.
MEDICAL AND PROSTHETIC RESEARCH
The conference agreement appropriates $581,000,000 for
Medical and Prosthetic Research as proposed by the Senate
instead of $530,774,000 as proposed by the House.
The conferees continue to support the development of
advanced prosthetic devices and direct that, no later than 90
days after the enactment of this Act, the Secretary, in
coordination with the Defense Advanced Research Projects
Agency, shall submit to the Committees on Appropriations, the
Committees on Veterans Affairs, and the Committees on Armed
Services of both Houses of Congress a report on the
Department's plans to make the next generation of advanced
prosthetics available for injured veterans and members of the
Armed Forces. The report shall include the strategic plan and
timetable to make the next generation prosthetic devices
available and a description of the challenges (both technical
and administrative) that could impact the schedule, as well as
the Department's plans to mitigate these challenges.
NATIONAL CEMETERY ADMINISTRATION
The conference agreement appropriates $250,934,000 for
the National Cemetery Administration (NCA) as proposed by both
the House and the Senate. Of the amount provided, $25,100,000
is available until September 30, 2013, as proposed by both the
House and the Senate.
The conferees are concerned that the NCA has failed to
adequately serve the burial needs the nation's veterans in
rural areas. The NCA fiscal year 2012 budget submission
acknowledges that 10 percent of all veterans will not have
access to a burial option in a national, State or tribal
cemetery. The majority of these underserved veterans live in
rural areas, and the conferees are concerned that the NCA's
Urban Initiative will exacerbate the disparity of burial
services between urban and rural veterans. The conferees have
included a provision in the bill prohibiting funds from being
used to expand the Urban Initiative beyond the sites already
outlined in the budget until the NCA submits to the Committees
a detailed strategy to meet the burial needs of veterans
residing in rural and highly rural areas. The report shall
include a timeline for implementation of such a strategy and
cost estimates of establishing new burial sites in at least
five rural or highly rural locations. This report shall be
submitted no later than February 6, 2012.
In the short term, because the Secretary has the
authority to waive Department guidance establishing a
population threshold for creating national cemeteries, the
conferees urge the Secretary to use this waiver authority to
address the pressing needs for access to VA cemeteries in some
rural areas.
DEPARTMENTAL ADMINISTRATION
GENERAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
The conference agreement appropriates $416,737,000 for
General Administration, instead of $400,500,000 as proposed by
the House and $431,257,000 as proposed by the Senate. Of the
amount provided, $20,837,000 is available for obligation until
September 30, 2013, instead of $22,144,000 as proposed by the
House and $21,562,000 as proposed by the Senate. The conference
agreement includes bill language permitting the transfer of
funds from this account to ``General Operating Expenses,
Veterans Benefits Administration'', as proposed by both the
House and Senate. Bill language is not included to identify
specific resources to improve acquisition workforce capacity.
The House and Senate had included such language, but with
different funding amounts.
The Administration's budget request proposed that funding
for administrative expenses associated with executive offices
be included in a single account with the general operating
expenses of the Veterans Benefits Administration. The
conference agreement includes funding for these two distinct
functions in two separate accounts: General operating expenses,
Veterans Benefits Administration; and General administration,
as proposed by both the House and Senate. The conferees believe
that differences in the mission and purpose of the Department's
executive offices and the Veterans Benefits Administration
justify providing funding in two separate accounts. Further,
separating these two broad categories will provide the Congress
with greater visibility of budgetary resources and oversight of
expenditures for these two vital missions.
The conference agreement includes the following funding
levels:
[In thousands of dollars]
------------------------------------------------------------------------
Office House Senate Conference
------------------------------------------------------------------------
The Secretary.................... 9,270 10,104 10,085
Board of Veterans Appeals........ 78,273 78,006 78,006
General Counsel.................. 80,778 84,073 83,099
Management....................... 43,956 45,686 45,598
Human Resources.................. 68,590 70,516 70,379
Policy and Planning.............. 26,015 26,127 26,015
Operations Security and Prep..... 16,746 19,543 18,510
Public and Intergovernmental 22,079 23,330 23,286
Affairs.........................
Cong and Legislative Affairs..... 6,065 6,065 6,053
Acquisition, Logistics and 70,728 67,807 55,706
Construction....................
Undistributed.................... -22,000 ........... ...........
--------------------------------------
Total........................ 400,500 431,257 416,737
------------------------------------------------------------------------
The total for the Office of the General Counsel includes
$1,889,000 for staffing to speed the appeals process and
regulation promulgation, as requested by the Administration and
proposed by the Senate. The House had no similar provision.
Within the total for the Office of Management, the
conference agreement provides $1,600,000 to conduct audits of
the Veterans Health Administration Fee Care program, as
requested by the Administration and proposed by the Senate. The
House did not include a similar provision. The conferees concur
in the Fee Care report requirement proposed by the Senate and
expect the report to be submitted within 90 days of enactment
of this Act.
The conferees provide $1,900,000 within the Office of
Operations, Security and Preparedness to implement the Homeland
Security Presidential Directive 12 mandate. The Senate provided
$2,900,000 for this activity, as proposed in the Administration
request; the House did not provide specific funding. The
agreement also provides $705,000 to activate the Integrated
Operations Center and the Capital Region Readiness Center, as
requested by the Administration and proposed by the Senate. The
House did not include a similar provision.
The conference agreement provides $1,150,000 within the
Office of Public and Intergovernmental Affairs for the tribal
government outreach and new media offices, as requested by the
Administration and proposed by the Senate. The House did not
include similar provisions.
The conference agreement provides $5,000,000 within the
Office of Acquisition, Logistics, and Construction for the 2012
President's acquisition initiative and the facilities
management transformation. The House provided $20,000,000 for
these activities; the Senate provided $17,000,000.
The conferees require the VA to include in budget
justification documents each year a detailed summary of the
marketing campaign budget, as proposed in the House report. The
Senate report did not include a similar requirement.
The conferees concur in the Senate report directive
requiring a report on adopting payment recapture audits, with
the report to be submitted within 90 days of enactment of this
Act.
GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION
The conference agreement appropriates $2,018,764,000 for
General Operating Expenses, Veterans Benefits Administration,
as proposed by the Senate instead of $2,020,128,000, as
proposed by the House. The agreement makes available not to
exceed $105,000,000 of this funding until the end of fiscal
year 2013, as proposed by the Senate, instead of $105,856,000
as proposed by the House. The conferees concur with Senate
report language regarding Decision Review Officers.
INFORMATION TECHNOLOGY SYSTEMS
The conference agreement appropriates $3,111,376,000 for
Information Technology (IT) Systems instead of $3,025,000,000
as proposed by the House and $3,161,376,000 as proposed by the
Senate. The agreement follows the Senate format of identifying
separately in bill language the funding available for pay
($915,000,000); operations and maintenance ($1,616,018,000);
and systems development, modernization, and enhancement
($580,358,000). The Senate bill provided $915,000,000 for pay;
$1,709,953,000 for operations and maintenance; and $536,423,000
for development. The House provided all IT funding in one lump
sum. The agreement also adopts the Senate proposal of making
$25,000,000 of pay funding available until the end of fiscal
year 2013; $110,000,000 of operations and maintenance funding
available until the end of fiscal year 2013; and all IT systems
development, modernization and enhancement funding available
until the end of fiscal year 2013. The House proposed to make
the entire IT appropriation available until the end of fiscal
year 2013.
On May 2, 2011, the Secretary of Veterans Affairs and the
Secretary of Defense entered into an agreement to implement an
integrated electronic health record (iEHR) system rather than
pursue separate strategies for modernizing the two existing
health record systems. The conferees are encouraged by this
agreement and believe that successful development and
implementation is crucial for both Departments to continue to
provide high-quality medical care in the 21st century and to
enhance seamless transition from active duty to the VA.
The conferees strongly encourage the Secretaries of the
Department of Veterans Affairs and the Department of Defense to
continue to work together throughout the development of this
new system to ensure an unambiguous and unified message is
clearly articulated to both Departments. It is imperative the
new iEHR system be agreed to and driven by senior leadership at
both Departments to ensure system development is on time and
within budget.
Given that the two Departments entered into this
agreement after the Administration had transmitted the fiscal
year 2012 budget request to Congress, the VA has had to alter
its original Information Technology budget submission to
account for iEHR. According to the VA, the requirement for iEHR
in fiscal year 2012 is $100,000,000, which includes $73,200,000
in development funds. The conference agreement fully funds this
request and includes an updated development chart displaying
the iEHR development requirement.
The conferees direct the Department of Veterans Affairs,
in conjunction with the Department of Defense, to identify the
timeframe for completion of an integrated electronic health
record system and develop detailed benchmarks to track
progress. Additionally, the conferees direct the Office of
Information Technology to provide quarterly updates on the
progress of this project to the Committees on Appropriations of
both Houses of Congress.
The conference agreement includes language proposed in
both the House and Senate bills requiring that no IT funding
may be obligated until the VA submits to the Committees, and
the Committees approve, an expenditure plan meeting the four
criteria outlined. The conferees are disturbed that the VA has
not complied with this language in previous years and expect
prompt compliance in fiscal year 2012.
The conference agreement includes bill language proposed
by the Senate but not the House prohibiting the obligation of
IT development, modernization, and enhancement funding until
the VA submits a certification of the amounts to be obligated,
in part or in full, for each development project.
The conference agreement includes bill language proposed
by the Senate but not the House permitting funding made
available for the three IT subaccounts to be transferred among
them after the VA requests and receives approval from the
Committees.
The conferees include bill language making funds
available for IT development, modernization, and enhancement
for the projects and in the amounts specified in the following
table:
INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS
[In thousands of dollars]
------------------------------------------------------------------------
Conference
Project agreement
------------------------------------------------------------------------
Veterans Benefits Management System (VBMS):
VBMS................................................... 88,870
Veterans Service Network (VETSNET)..................... 17,843
------------
Total VBMS Development............................. 106,713
============
Virtual Lifetime Electronic Record (VLER):
Memorial/Cemeterial Legacy Development................. 10,859
VISTA Web Performance and User Interface............... 600
Bidirectional Health Information Exchange.............. 3,760
NHIN Gateway and Adaptor Development................... 8,435
Veteran Authorization and Policies Development......... 4,100
VLER Services.......................................... 5,200
Warrior Support/Information Sharing Initiative 5,000
Development...........................................
Warrior Support/VA-DOD Identity Repository Development. 5,000
Warrior Support/Federal Case Management Tool........... 6,640
------------
Total VLER Development............................. 49,594
============
Access to Healthcare:
Access IT-Program Management Office.................... 1,000
Emergency Department Information System Development.... 7,400
Surgical Quality and Workflow Management Development... 22,200
Veterans Benefits Handbook Development................. 6,000
TeleHealth............................................. 3,300
Bed Management Solution Development.................... 3,900
National Utilization Management Integration Development 1,760
VPS Kiosk Development.................................. 1,700
------------
Total Access to Healthcare......................... 47,260
============
New Models of Care:
Patient Centered Medical Home Proposed Initiatives 2,200
Development...........................................
MyHealtheVet........................................... 2,410
Enterprise Web Applications............................ 4,350
TeleHealth............................................. 10,700
Program Management Office.............................. 1,100
VISTA Imaging--Telemedicine Development................ 5,034
Woman's Health Proposed Projects Development........... 1,900
------------
Total New Models of Care........................... 27,694
============
Homelessness:
Homelessness--At Risk Tracking......................... 2,470
Homelessness Registries................................ 2,250
Homelessness Case Management Development............... 150
------------
Total Homelessness IT Development.................. 4,870
============
Healthcare Efficiency:
PMO Support............................................ 2,000
------------
Total Healthcare Efficiency........................ 2,000
============
Mental Health:
Behavioral Health Lab Software Development............. 1,060
My Recovery Plan....................................... 2,130
Mental Health Systems Development...................... 4,121
------------
Total Mental Health IT Development................. 7,311
============
Other Development:
Chapter 33 Development................................. 52,000
Integrated Electronic Health Record Development........ 73,200
Health Management Platform Development................. 8,000
Revenue Improvements System Enhancements Development... 1,091
Compensation and Pension Records Interface Development. 1,091
Caregivers Development................................. 8,000
International Classification of Diseases--10 29,930
Development...........................................
Health Provider Systems Development.................... 4,000
VHA Research IT Support Development.................... 16,755
Human Capital Development.............................. 1,800
Innovations............................................ 14,024
Integrated Operating Model............................. 16,520
Strategic Capital Investment Planning Database 2,800
Development...........................................
VA Learning Management Systems Development............. 3,650
Enterprise IT Support Development...................... 2,930
Repositories Development............................... 3,273
Standards and Terminology Services..................... 1,091
Safety and Security Initiative......................... 21,163
Enrollment System Modernization........................ 3,323
Veterans Relationship Management Development........... 70,275
============
Total Other Development............................ 334,916
============
Total Development.......................................... 580,538
------------------------------------------------------------------------
As proposed in the Senate bill, the conferees intend this
table to serve as the Department's approved list of development
projects; any requested changes are subject to reprogramming
guidelines. The agreement does not include the House proposed
bill language requiring the VA to submit to the Committees a
reprogramming base letter by project within 30 days of
enactment of this Act.
The conference agreement directs the Department to submit
an expenditure plan to the Committees within 30 days of
enactment of this Act as proposed by both the House and the
Senate. This plan should be in the same format as the table
above. The conferees also expect all future IT budget displays
provided to the Committees to use this format.
The conferees concur in the Senate report language
concerning metrics for evaluating the Veterans Benefits
Management System pilot.
OFFICE OF INSPECTOR GENERAL
The conference agreement appropriates $112,391,000 for
the Office of Inspector General as proposed by the Senate
instead of $109,391,000 as proposed by the House. Of the amount
provided, $6,000,000 is available for obligation until
September 30, 2013, as proposed by the House instead of
$6,600,000 as proposed by the Senate.
CONSTRUCTION, MAJOR PROJECTS
The conference agreement appropriates $589,604,000 for
Construction, Major Projects as proposed by both the House and
the Senate.
The agreement makes this funding available until
expended, as proposed by the Senate, rather than with a
limitation of five years as proposed by the House. The
conferees are concerned about the very large unobligated
balances that have built up in the major construction account
and believe that the account's ``no year'' funding framework
must be changed. In contrast, military construction funds
provided in this bill are made available on a five-year basis.
The Department of Defense (DOD) is able to manage these funds
and construct its buildings in a timely way. The conferees
understand that the VA will need to make process changes in
planning, budgeting, and execution to make the DOD five-year
obligation approach viable. The conferees direct the VA to
develop a plan to transition to five-year availability of funds
for both major and minor construction and deliver the plan to
the Committees within 180 days of enactment of this Act. The
plan should identify any legislative language needed to make
the plan workable. The conferees' goal is to implement this
plan when finalizing the fiscal year 2013 budget in the fall of
2012.
The conference agreement funds the following items as
requested in the budget submission and as proposed by both the
House and Senate:
------------------------------------------------------------------------
Conference
Project agreement
------------------------------------------------------------------------
Veterans Health Admin (VHA):
New Orleans, LA new medical facility.................. $60,000,000
Denver, CO new medical facility....................... 42,000,000
San Juan, PR seismic corrections...................... 100,720,000
St. Louis, MO medical facility improvements........... 80,000,000
Palo Alto, CA polytrauma/ambulatory care.............. 75,900,000
Bay Pines, FL in-/outpatient improvements............. 43,970,000
Seattle, WA seismic deficiencies...................... 47,500,000
Reno, NV expansion of clinical services............... 21,380,000
W. Los Angeles, CA new tower/renovation............... 50,790,000
San Francisco, CA seismic deficiencies................ 22,480,000
Advance Planning Fund................................. 59,145,000
Asbestos.............................................. 40,000,000
Facility Security..................................... 8,000,000
CFM Staff............................................. 24,200,000
Judgment Fund......................................... 5,000,000
Total VHA........................................... 681,085,000
National Cemetery Admin (NCA):
National Memorial Cemetery of Pacific columbarium/ 23,700,000
administration.......................................
Advance Planning Fund................................. 4,500,000
NCA Land Acquisition Fund............................. 10,000,000
Total NCA........................................... 38,200,000
General Admin staff offices............................. 6,000,000
Available from existing projects........................ (135,681,000)
---------------
Major construction total................................ 589,604,000
------------------------------------------------------------------------
The conferees direct the VA to submit a master plan at
the time of the budget submission describing each major
construction project included in the budget. The plan should
include the projected time line for completion of each
component of each of the projects and the annual and total cost
of each project. The format of the DOD Form 1391 is a good
model for the VA to use to describe clearly and completely the
expected obligations for each project.
The conferees encourage the VA to examine its practices
on rehabilitation and re-use of national landmarks within the
VA infrastructure that are aging, outdated, or obsolete and
report to the Committees on any actions taken or planned to be
taken on these facilities.
CONSTRUCTION, MINOR PROJECTS
The conference agreement appropriates $482,386,000 for
Construction, Minor Projects, instead of $475,091,000 as
proposed by the House and $550,091,000 as proposed by the
Senate. The agreement makes this funding available until
expended, as proposed by the Senate, rather than with a
limitation of five years as proposed by the House. As indicated
in the narrative for Construction, Major Projects, the VA is
directed to develop a plan to transition to five-year
availability of funds for both major and minor construction and
deliver the plan to the Committees within 180 days of enactment
of this Act.
As proposed by the Senate, the conferees direct the
Department to provide to the Committees an expenditure plan for
this account within 30 days of enactment of this Act. The House
did not propose a similar requirement.
The conferees expect the fiscal year 2013 budget
submission to include a separate list of all minor construction
projects proposed to be funded in fiscal year 2013 in priority
order, consistent with the integrated Strategic Capital
Investment Plan.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
The conference agreement appropriates $85,000,000 for
Grants for Construction of State Extended Care Facilities, as
proposed by both the House and the Senate.
GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES
The conference agreement appropriates $46,000,000 for
Grants for Construction of Veterans Cemeteries, as proposed by
both the House and the Senate.
ADMINISTRATIVE PROVISIONS
(Including Transfers and Rescissions of Funds)
The conference agreement includes section 201 as proposed
by both the House and the Senate allowing for transfers among
three mandatory accounts.
The conference agreement includes section 202 as proposed
by both the House and the Senate allowing for the transfer of
funds among the three medical accounts.
The conference agreement includes section 203 as proposed
by both the House and the Senate allowing salaries and expenses
funds to be used for related authorized purposes.
The conference agreement includes section 204 as proposed
by both the House and the Senate restricting the use of funds
for the acquisition of land.
The conference agreement includes section 205 as proposed
by both the House and the Senate limiting the use of funds in
the Medical Services account only for entitled beneficiaries
unless reimbursement is made to the Department.
The conference agreement includes section 206 as proposed
by both the House and the Senate allowing for the use of
certain mandatory appropriations accounts for payment of prior
year accrued obligations for those accounts.
The conference agreement includes section 207 as proposed
by both the House and the Senate allowing the use of
appropriations available in this title to pay prior year
obligations.
The conference agreement includes section 208 as proposed
by both the House and the Senate allowing the Department to use
surplus earnings from the National Service Life Insurance Fund,
the Veterans' Special Life Insurance Fund, and the United
States Government Life Insurance Fund to administer these
programs.
The conference agreement includes section 209 as proposed
by both the House and the Senate allowing the Department to
cover the administrative expenses of enhanced-use leases and
provides authority to obligate these reimbursements in the year
in which the proceeds are received.
The conference agreement includes section 210 as proposed
by both the House and the Senate limiting the amount of
reimbursement the Office of Resolution Management and the
Office of Employment Discrimination Complaint Adjudication can
charge other offices of the Department for services provided.
The conference agreement includes section 211 as proposed
by both the House and the Senate limiting the use of funds for
any lease with an estimated annual rental cost of more than
$1,000,000 unless approved by the Committees on Appropriations
of both Houses of Congress.
The conference agreement includes section 212 as proposed
by both the House and the Senate requiring the Department to
collect third-party payer information for persons treated for a
non-service connected disability.
The conference agreement includes section 213 as proposed
by both the House and the Senate allowing for the use of
enhanced-use leasing revenues for Construction, Major Projects
and Construction, Minor Projects.
The conference agreement includes section 214 as proposed
by both the House and the Senate allowing Medical Services
funds to be used for expenses related to the broader mission of
medical care to veterans.
The conference agreement includes section 215 as proposed
by both the House and the Senate allowing for funds deposited
into the Medical Care Collections Fund to be transferred to the
Medical Services account.
The conference agreement includes section 216 as proposed
by both the House and the Senate which allows Alaskan veterans
to use medical facilities of the Indian Health Service or
tribal organizations.
The conference agreement includes section 217 as proposed
by the Senate providing for the transfer of funds from the
Department of Veterans Affairs Capital Asset Fund to the
Construction, Major Projects and Construction, Minor Projects
accounts and makes those funds available until expended. The
House proposed that these funds be made available for five
years.
The conference agreement includes section 218 as proposed
by both the House and the Senate prohibiting the use of funds
for any policy prohibiting the use of outreach or marketing to
enroll new veterans.
The conference agreement includes section 219 as proposed
by both the House and the Senate requiring the Secretary to
submit quarterly reports on the financial status of the
Veterans Health Administration.
The conference agreement includes section 220 as proposed
by both the House and the Senate requiring the Department to
notify and receive approval from the Committees of any proposed
transfer of funding to or from the Information Technology
Systems account.
The conference agreement includes section 221 as proposed
by the Senate providing for transfer of funds among
development, modernization and enhancement projects or to newly
identified projects within the Information Technology Systems
account. The House proposed similar but more general language.
The conference agreement includes section 222 as proposed
by the Senate prohibiting any funds to be used to contract out
any function performed by more than ten employees without a
fair competition process. The House did not propose a similar
provision.
The conference agreement includes section 223 as proposed
by both the House and the Senate limiting the obligation of
non-recurring maintenance funds during the last two months of
the fiscal year.
The conference agreement includes section 224 as proposed
by both the House and the Senate providing up to $241,666,000
for transfer to the joint DoD-VA Medical Facility Demonstration
Fund.
The conference agreement includes section 225 as proposed
by both the House and the Senate which authorizes transfers
from the Medical Care Collections Fund to the joint DoD-VA
Demonstration Fund.
The conference agreement includes section 226 as proposed
by both the House and the Senate which transfers at least
$15,000,000 from VA medical accounts to the DoD-VA health care
sharing incentive fund.
The conference agreement includes section 227 which is
similar to a provision proposed by both the House and the
Senate. It rescinds fiscal year 2012 medical account funding
and re-appropriates it to be available for two years. The
provision rescinds and re-appropriates $1,400,000,000 for
Medical Services, $100,000,000 for Medical Support and
Compliance, and $250,000,000 for Medical Facilities. The House
bill provided slightly different amounts.
The conference agreement includes section 228 as proposed
by the Senate requiring that the Department notify the
Committees of bid savings in major construction projects of at
least $5,000,000 or 5 percent within 14 days of a contract
identifying the programmed amount. The House bill proposed
similar language.
The conference agreement includes section 229 as proposed
by both the House and the Senate which prohibits the VA from
increasing the scope of work for a major construction project
above the scope specified in the original budget request.
The conference agreement includes section 230 which is
similar to a provision proposed by the House regarding VA
provision of information about controlled substance
prescriptions to State controlled substance monitoring
programs. The Senate bill did not contain a similar provision.
The conference agreement does not include section 230 as
proposed by the Senate, requiring the Secretary, in
coordination with the Defense Advanced Research Projects Agency
(DARPA), to submit a report on the next generation of advanced
prosthetics. This issue is addressed under the Medical and
Prosthetic Research account.
The conference agreement includes section 231 requiring
the Secretary to report to the Committees each quarter about
any single national outreach and awareness marketing campaign
exceeding $2,000,000. The House bill contained similar
language. The Senate did not have a comparable provision.
The conference agreement includes, as VA administrative
provision section 232, a general provision proposed by the
House prohibiting the VA from using any funds to declare as
excess to the needs of the VA Federal land and improvements to
the St. Albans campus in New York. The Senate bill did not
include a similar provision.
The conference agreement includes, as VA administrative
provision section 233, a general provision proposed by the
House prohibiting the use of funds in the Act for any contract
using procedures that do not give to small business concerns
owned and controlled by veterans any preference with respect to
such contract, except for a preference given to small business
concerns owned and controlled by service-disabled veterans. The
Senate bill did not include a similar provision.
The conference agreement includes section 234 extending
the authorization for the VA office in the Philippines through
December 31, 2012. Neither the House nor the Senate bill
contained a comparable provision.
TITLE III
RELATED AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION
SALARIES AND EXPENSES
The conference agreement includes $61,100,000 for
Salaries and Expenses of the American Battle Monuments
Commission.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
The conference agreement includes such sums as necessary,
estimated at $16,000,000, for the Foreign Currency Fluctuations
Account.
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
SALARIES AND EXPENSES
The conference agreement includes $30,770,000 for
Salaries and Expenses.
DEPARTMENT OF DEFENSE--CIVIL
CEMETERIAL EXPENSES, ARMY
SALARIES AND EXPENSES
The conference agreement includes $45,800,000 for
Salaries and Expenses.
Information Technology.--The conferees recognize the
significant management and oversight improvements that have
been made at Arlington National Cemetery over the past year,
particularly efforts to improve the accuracy and reliability of
burial and headstone records. The conferees also realize that
the development of a robust information technology system is
essential to this effort. To ensure that information technology
development remains on track, the Executive Director of the
Cemetery is directed to provide a report to Congress detailing
the strategic plan and timetable for completing the
modernization of the Cemetery's information technology system,
including electronic burial records. The report should also
include a description of improvements implemented to date, and
identify any remaining information technology and systems
infrastructure requirements. The report should be submitted to
the following Committees of both Houses of Congress no later
than 90 days after enactment of this Act: The Committees on
Appropriations, Armed Services, Veterans Affairs, and the
Senate Homeland Security and Governmental Affairs Committee.
ARMED FORCES RETIREMENT HOME
TRUST FUND
The conference agreement includes $67,700,000 for the
Armed Forces Retirement Home, to be derived from the Trust
Fund.
GENERAL FUND PAYMENT, ARMED FORCES RETIREMENT HOME
The conference agreement includes $14,630,000 for the
Armed Forces Retirement Home, to be derived from the General
Treasury. The amount provided is to facilitate repairs at the
Washington, DC, campus to correct damage sustained by an
earthquake on August 23, 2011.
ADMINISTRATIVE PROVISION
The conference agreement does not include a Senate
provision (Sec. 301) requiring a report on information
technology modernization for Arlington National Cemetery. This
issue is instead addressed elsewhere in this Statement of
Managers.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
The conference agreement includes a new title IV,
Overseas Contingency Operations. Title IV provides funding for
certain military construction projects in the Central Command
and Africa Command Areas of Responsibility that was requested
in title I, Military Construction, in the budget submission.
The conferees agree that the projects transferred to title IV
are necessary to support the global war on terrorism and should
be designated as overseas contingency operations functions.
MILITARY CONSTRUCTION, ARMY
The conference agreement appropriates $80,000,000 for
Military Construction, Army in this title instead of title I of
this Act as proposed by both the House and Senate.
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
The conference agreement appropriates an additional
$189,703,000 for Military Construction, Navy and Marine Corps
in this title instead of title I of this Act as proposed by
both the House and Senate.
ADMINISTRATIVE PROVISIONS
(INCLUDING RESCISSION OF FUNDS)
The conference agreement includes section 401 rescinding
unobligated balances from title IV, Division E of Public Law
111-117 in the specific amount of $269,703,000. The House and
Senate bill included no similar provision.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
TITLE V
GENERAL PROVISIONS
Section 501 prohibits the obligation of funds in the Act
beyond the current fiscal year unless expressly so provided.
Section 502 prohibits the use of the funds in this Act
for programs, projects or activities not in compliance with
Federal law relating to risk assessment, the protection of
private property rights, or unfunded mandates.
Section 503 requires pay raises to be absorbed within the
levels appropriated in the Act.
Section 504 prohibits the use of funds in the Act to
support or defeat legislation pending before Congress.
Section 505 encourages all Departments to expand their
use of ``E-Commerce''.
Section 506 specifies the Congressional Committees that
are to receive all reports and notifications.
Section 507 prohibits the transfer of funds to any
instrumentality of the United States Government without
authority from an appropriations Act.
Section 508 prohibits the use of funds for a project or
program named for a serving Member, Delegate, or Resident
Commissioner of the United States House of Representatives.
Section 509 requires all reports submitted to the
Congress to be posted on official websites of the submitting
agency.
Section 510 prohibits the use of funds to establish or
maintain a computer network unless such network blocks the
viewing, downloading, and exchanging of pornography, except for
law enforcement investigation, prosecution, or adjudication
activities.
Section 511 prohibits the use of funds in this Act for
the renovation, expansion, or construction of any facility in
the continental United States for the purpose of housing any
individual who has been detained at the United States Naval
Station, Guantanamo Bay, Cuba.
Section 512 prohibits the use of funds for the payment of
first-class travel by an employee of the executive branch.
Section 513 prohibits the use of funds in this Act for
any contract where the contractor has not complied with E-
Verify requirements.
The conference agreement includes a modified House
provision, Section 514, which prohibits the use of funds in
this Act for any contract, memorandum of understanding, or
cooperative agreement with any corporation convicted of a
felony criminal violation within the preceding 24 months, where
the awarding agency is aware of the conviction.
The conference agreement includes House provision 416 as
an administrative provision under title II.
The conferees have not included a House provision,
section 417 which prohibited funds for the enforcement of
section 526 of the Energy Independence and Security Act of
2007. The conferees note that the enforcement of section 526 of
the Energy Independence and Security Act of 2007 may lead to
higher fuel costs for federal fleets in the absence of
competitively priced new generation fuels that emit fewer
emissions. In carrying out this statute, the Secretary of
Defense and the Secretary of Veterans Affairs should work to
ensure that costs associated with fuel purchases necessary to
carry out the missions of their respective departments should
be minimized to the extent possible under the law.
The conference agreement includes House provision 418 as
an administrative provision under title II.
The conference agreement does not include House provision
419 which prohibited funds to be used in contravention of the
War Powers Resolution.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DIVISION I--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2012
In implementing this conference agreement, the
departments and agencies shall comply with the Senate report
(S. Rept. 112-85) accompanying S. 1601 as though stated in this
joint explanatory statement unless specifically directed to the
contrary. Matters addressed in the report of the House
Subcommittee on State, Foreign Operations, and Related Programs
(Full Committee Print, circulated on July 29, 2011) are
restated in this joint explanatory statement where the
conferees concur.
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $6,550,947,000 for
Diplomatic and Consular Programs (D&CP), of which up to
$1,355,000,000 is for Worldwide Security Protection. The
conference agreement provides an additional $4,389,064,000 in
title VIII under this heading, which is designated for Overseas
Contingency Operations/Global War on Terrorism (OCO/GWOT)
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985.
Within the total provided under this heading, the
conference agreement includes:
$2,277,862,000 for Human Resources (of which $121,814,000
is for public diplomacy);
$2,109,293,000 for Overseas Programs (of which
$347,572,000 is for public diplomacy);
$822,513,000 for Diplomatic Policy and Support; and
$1,341,279,000 for security programs.
The conference agreement does not include funding for the
185 new positions requested in fiscal year 2012. The conference
agreement assumes continuation of the pay freeze in fiscal year
2012 for all Department of State employees, including Foreign
Service Officers.
The conference agreement includes language amending the
heading ``Civilian Stabilization Initiative'' included in prior
acts to ``Conflict Stabilization Operations'' (CSO) and
provides transfer authority of up to $35,000,000 of the funds
appropriated under this heading to funds made available under
the CSO heading. The conference agreement provides an
additional $8,500,000 in title VIII under the CSO heading,
which is designated for OCO/GWOT pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985. The conferees
remain concerned with CSO's limited activities, specifically
the minor role it has played in response to the earthquake in
Haiti and the revolution in Libya. The conferees will further
assess the performance of the CSO during fiscal year 2012.
The conferees request the Secretary of State to be
prepared to report to the Committees on Appropriations in
hearings on the fiscal year 2013 budget on the use of the
Secretary's authority to determine whether an American citizen
has voluntarily renounced United States citizenship as a result
of engaging in activities with a Foreign Terrorist
Organization.
The conferees recognize that B-1 and B-2 visitor visa
applications in some countries, such as the People's Republic
of China (PRC) and Brazil, are significantly and rapidly
increasing. The number of visa applications increased 53
percent in Brazil and 64 percent in the PRC from fiscal year
2010 to fiscal year 2011, resulting in increased delays in
interviewing applicants and longer approval times. The
Department of State is taking steps to reduce the wait time but
more needs to be done. Section 7076 of this Act directs the
Secretary of State to take steps to reduce delays in processing
tourist visas in the PRC, Brazil, and India, and to consider
extending the expiration period for B-1 and B-2 visas for
applicants before requiring a consular officer interview. The
conferees recognize that wait times for interviews can
fluctuate due to unforeseen circumstances, including assisting
United States citizens abroad during an emergency, but expect
the Department to continue to implement steps to minimize wait
times. The conferees expect the Secretary of State to determine
the appropriate extension beyond the current one-year limit in
a manner consistent with security controls. The conference
agreement also permits the Secretary to conduct a pilot program
for processing tourist visas via secure remote
videoconferencing technology if doing so would not pose a
security risk.
The conferees direct the Secretary of State to report to
the Committees on Appropriations, not later than 90 days after
enactment of this Act, on steps taken to reduce visa processing
wait times; the Department of State's 5-year forecast of non-
immigrant visas for each country; the number of consular
officers necessary to meet the Department's standards; a
comparison of the Department's forecast with the Department of
Commerce's 5-year visitor arrival projections; and the impact
of the different projections on visa processing times and the
required number of consular officers.
The conferees direct the Secretary of State to provide to
the Committees on Appropriations, not later than 90 days after
the end of any videoconference pilot program, an assessment of
the efficacy, efficiency, and security of this technology for
conducting visa interviews.
The conferees endorse Senate report language regarding
the Coordinator for Cyber Issues, and recommend $1,000,000, in
addition to funds otherwise made available for such purposes,
for operations and programs under the Coordinator's authority.
The conferees recommend that the fiscal year 2013 congressional
budget justification materials include a request for program
funds under the Coordinator's authority in the accounts
included in title III of this Act.
The conferees urge the Department of State to examine
alternative approaches to furnishing residences for Foreign
Service Officers posted overseas, including consideration of
options for substantially reducing costs and delivery times and
increasing available choices.
The conferees are concerned with the unnecessary idling
of parked motor vehicles that is wasteful and harms the
environment. The conferees direct that, not later than 90 days
after enactment of this Act, the Secretary of State, in
consultation with the head of each United States Government
agency that uses funds appropriated by this Act to purchase or
lease motor vehicles, shall establish a policy to eliminate the
unnecessary idling of parked motor vehicles and provide a copy
of such policy to the Committees on Appropriations. Such policy
may include exceptions to accommodate important security,
health, or safety concerns, and if necessary to perform an
important job function, ensure safe operating conditions, or to
operate a motor vehicle in accordance with manufacturer
specifications.
The conferees support the Secretary of State's expanded
engagement with governments to improve the inter-country
adoption process, to finalize implementation agreements with
such governments, where appropriate, and to resolve impediments
to the completion of adoptions for waiting families and
children.
The conferees encourage the Secretary of State to
continue to support the United States-Colombia Action Plan on
Racial and Ethnic Equality and the United States-Brazil Joint
Action Plan on Racial and Ethnic Equality.
The conference agreement includes new language
prohibiting the use of funds under this heading for the
preservation of religious sites unless the Secretary of State
determines and reports to the Committees on Appropriations
that: (1) The site is historically, artistically, or culturally
significant; (2) the purpose of the project is neither to
advance nor to inhibit the free exercise of religion; and (3)
the project is in the national interest of the United States.
The conferees direct that a portion of the funds that
have been provided to the Bureau of International Organizations
Affairs and Office of International Conferences should be used
to support the Group of 8 (G-8) and NATO summits during 2012.
The conference agreement includes language requiring the
continuation of the pilot Partner Vetting System (PVS), and
requires that such pilot be implemented by September 30, 2012.
The conferees direct that such PVS pilot continue to be applied
equally to the programs and activities of the Department of
State and USAID, as required by section 7034 of Public Law 111-
117.
The conferees direct the Secretary of State to provide to
the Committees on Appropriations, not later than 90 days after
enactment of this Act, the following information on the
Acquisitions Management program funded by the 1 percent
procurement fee: (1) the Working Capital Fund (WCF) including
carry-over balances, by line item, service center and program,
currently available for the Acquisitions Management program;
(2) the actual expenditures in fiscal year 2011 by line item,
service center and program; (3) the number of staff, including
employees and contractors funded by the 1 percent procurement
fee; and (4) an evaluation of the efficiencies and improvements
gained through this program. The Secretary is also directed to
include: (1) the funds from the 1 percent procurement fee in
the WCF in the Department's operating plans and quarterly
unobligated balances report; and (2) a WCF section in the
Department's fiscal year 2013 congressional budget
justification, providing information on total budgetary
resources for the Bureau of Administration and any other office
that receives WCF funds and a WCF table by line item, service
center and program that shall serve as the control level for
reprogramming and transfer purposes.
The conferees direct the Secretary of State to continue
to assist American victims of terrorism abroad regarding frozen
assets for compensation and other issues, including from the
bombings of United States facilities in Kenya and Tanzania and
terrorist acts sponsored by former Libyan leader Muammar
Qaddafi.
The conferees endorse Senate report language regarding
funding for the Bureau of Democracy, Human Rights and Labor to
monitor United States assistance to foreign security forces
pursuant to section 620M of the Foreign Assistance Act of 1961,
as amended by this Act.
The conferees direct the Secretary of State to continue
the reporting requirement detailed under this heading in the
joint statement accompanying the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111-117) concerning agreements for
transfer and release of detainees at Naval Station, Guantanamo
Bay, Cuba.
Section 7078 of this Act requires the Secretary of State
to submit an operating plan for funds appropriated in title I.
The conferees expect the operating plan to integrate the
additional funds appropriated in title VIII for OCO/GWOT, where
appropriate, and the OCO/GWOT amounts should be separately
identified in the integrated plan.
CAPITAL INVESTMENT FUND
The conference agreement provides $59,380,000 for the
Capital Investment Fund. In addition, the conference agreement
permits the transfer of up to $6,000,000 from funds
appropriated under the heading Diplomatic and Consular Programs
to funds available under this heading.
OFFICE OF INSPECTOR GENERAL
The conference agreement provides $61,904,000 for the
Office of Inspector General (OIG), and an additional
$67,182,000 in title VIII under this heading is designated for
OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985.
The conferees direct the Inspectors General of the
Department of State and the United States Agency for
International Development (USAID), the Special Inspector
General for Afghanistan Reconstruction (SIGAR), and the Special
Inspector General for Iraq Reconstruction (SIGIR) to coordinate
audit plans and activities to minimize unnecessary duplication,
ensure comprehensive oversight plans, and maximize the
effective use of resources. The conferees direct the OIG to
continue to plan for increased responsibilities when SIGIR
draws down its oversight operations.
Section 7078 of the conference agreement requires the
relevant department, agency, or organization to submit to the
Committees on Appropriations a spend plan for funds
appropriated in titles I and II of this Act. The conferees
expect each inspector general funded under this heading in
titles I and VIII to submit such plans within 30 days of
enactment of this Act.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The conference agreement provides $583,200,000 for
Educational and Cultural Exchange Programs, and an additional
$15,600,000 in title VIII under this heading is designated for
OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985.
No funds are provided for the one-time competitive grants
program in fiscal year 2012.
Section 7078 of this Act includes a requirement that the
Secretary of State submit to the Committees on Appropriations
an operating plan for funds appropriated under this heading.
The conferees expect such plan will include the distribution of
unobligated balances and recoveries, as well as any transfers
to this account from other accounts. The operating plan should
integrate the funds appropriated under this heading in title
VIII of this Act for OCO/GWOT, and the OCO/GWOT amounts should
be separately identified in the integrated plan.
Funds in this account are allocated, unless otherwise
noted, according to the following table, and are subject to the
provisions of section 7019 of this Act:
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Activity authority
------------------------------------------------------------------------
Academic Exchanges......................................... 324,582
Special Academic Exchanges (non-add)................... [38,670]
Professional and Cultural Exchanges........................ 193,964
Special Professional and Cultural Exchanges (non-add).. [7,881]
Program Evaluation......................................... 5,054
Exchanges Support.......................................... 59,600
------------
Total, Educational and Cultural Exchange 583,200
Programs\1\.......................................
------------------------------------------------------------------------
\1\An additional $15,600,000 is included in title VIII under this
heading designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.
REPRESENTATION ALLOWANCES
The conference agreement provides $7,300,000 for
Representation Allowances.
The conferees direct the Secretary of State to provide a
semi-annual report to the Committees on Appropriations on the
allotment and expenditure of representation allowances.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
The conference agreement provides $27,000,000 for
Protection of Foreign Missions and Officials.
The conferees expect the Secretary of State to continue
to submit to the Committees on Appropriations a semi-annual
report on the number of claims for extraordinary protective
services that have been submitted by eligible jurisdictions and
certified as meeting the program requirements, and the amount
of unobligated funds available to pay such claims.
The conferees urge the Secretary of State to make
appropriate reimbursements to jurisdictions providing security
for visiting foreign officials and their delegations attending
the G-8 and NATO summits in the United States during 2012.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The conference agreement provides $1,537,000,000 for
Embassy Security, Construction, and Maintenance, of which
$775,000,000 is for worldwide security upgrades and
$762,000,000 is for other construction, operations, and
maintenance. The conference agreement provides an additional
$33,000,000 in title VIII under this heading designated for
OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985.
The conference agreement does not include funding for the
nine new positions requested for fiscal year 2012. The
conference agreement includes authorization for the Maintenance
Cost Sharing initiative to utilize funding from the Capital
Security Cost Sharing (CSCS) program for the maintenance,
repair, and rehabilitation of new facilities with an inter-
agency presence.
The conferees are concerned with the long-term
sustainability of the operating, maintenance, and utility costs
of new diplomatic and consular facilities and directs the
Secretary of State to impose a moratorium on beginning any new
Capital Security construction projects until the Secretary
provides the following information to the Committees on
Appropriations: (1) the additional annual costs for operations
and maintenance, including utilities and salaries, and the
number of additional facilities and engineering staff that have
been hired to operate the diplomatic and consular facilities
that have become operational since the CSCS program began; (2)
the estimated additional costs for operations and maintenance,
including utilities and salaries, and the number of additional
facilities and engineering staff necessary to operate the
diplomatic and consular facilities that have been funded and/or
are being constructed; and (3) the plan for addressing the
$111,000,000 in deferred maintenance at existing diplomatic and
consular facilities reported in the Department's 2010 financial
statements.
The conferees direct the Secretary of State to seek to
ensure that, where practicable, construction projects funded by
this Act are accessible to people with disabilities.
Section 7004(c) of this Act continues the requirement
that all agencies and departments fully meet their capital cost
share obligations under section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999, and directs that
such agency assessments be proportional to the Department of
State's capital security cost share contribution. The conferees
direct that funds appropriated in prior acts not be used to
augment the Department of State's capital security cost share
contribution for purposes of determining the 2012 capital
security cost share assessment of other agencies.
Section 7004(f) of this Act includes a limitation on the
use of funds, other than funds from real property sales located
in London, United Kingdom, for site acquisition and mitigation,
planning, design or construction of the New London Embassy and
requires regular reporting on the project's progress and cost.
Section 7078 of this Act requires the Secretary of State
to submit to the Committees on Appropriations an operating plan
for funds appropriated under this heading. Such plan should
include all resources available to the Department of State in
fiscal year 2012 for operations, maintenance, and construction,
and an accounting of the actual and anticipated proceeds of
sales for all projects in fiscal year 2011. The operating plan
should integrate the funds appropriated under this heading in
title VIII of this Act for OCO/GWOT, and the OCO/GWOT amounts
should be separately identified in the integrated plan.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $9,300,000 for
Emergencies in the Diplomatic and Consular Service.
REPATRIATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $1,447,000 for the
Repatriation Loans Program Account, of which not more than
$710,000 is for administrative expenses.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
The conference agreement provides $21,108,000 for the
American Institute in Taiwan.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
The conference agreement provides $158,900,000 for the
Foreign Service Retirement and Disability Fund.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The conference agreement provides $1,449,700,000 for
Contributions to International Organizations, and an additional
$101,300,000 in title VIII under this heading is designated for
OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985.
The conferees direct the Secretary of State to report to
the Committees on Appropriations, not later than 90 days after
enactment of this Act, on the current status of the United
Nations Capital Master Plan, including its initial scope and
costs, any modifications made or planned, and the total
contributions made to date by each United Nations (UN) member
state.
The conferees direct the Secretary of State to conduct a
review of United States membership in each international
organization supported by this account and prioritize the
United States participation in, and funding for, each
organization in accordance with United States policy goals. The
review should also include any recent reforms the organizations
have taken to increase transparency and accountability. The
conferees direct the Secretary to provide the results of the
review not later than 120 days after enactment of this Act.
The conferees direct the United States Mission to the
United Nations (USUN) and the Department of State to continue
to advocate for an independent Office of Internal Oversight
Services (OIOS) to improve internal controls, efficiency, and
effectiveness of the UN. The conferees expect the Department
and USUN to make the United Nations Transparency and
Accountability Initiative a priority, and to provide updates in
the congressional budget justification for fiscal year 2013 and
on the Web site.
The conferees expect the Department of State to continue
to submit a report to the Committees on Appropriations on
voting practices in the UN.
Section 7078 of this Act requires the Secretary of State
to submit an operating plan for the funds made available under
this heading. The operating plan should include each
international organization funded, a notation of any exchange
rate fluctuations that occurred since such estimates were
calculated for the congressional budget justification for
fiscal year 2012, and a description of any Tax Equalization
Fund credits applied. In addition, the operating plan should
integrate the funds appropriated under this heading in title
VIII of this Act for OCO/GWOT, and the OCO/GWOT amounts should
be separately identified in the integrated plan.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The conference agreement provides $1,828,182,000 for
Contributions for International Peacekeeping Activities.
The conferees expect the Department of State and USUN to
evaluate and prioritize peacekeeping missions, and consider
phase-out and withdrawal when mission goals have been
substantially achieved.
The conferees direct the Department of State to ensure
that OIOS conducts oversight of UN peacekeeping missions.
The conference agreement includes language in section
7078 requiring an operating plan for this account not later
than 30 days after enactment of this Act. The conferees expect
the operating plan to include each peacekeeping mission funded
and a description of any credits applied.
International Commissions
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
SALARIES AND EXPENSES
The conference agreement provides $44,722,000 for
salaries and expenses of the International Boundary and Water
Commission, United States and Mexico (IBWC).
CONSTRUCTION
The conference agreement provides $31,453,000 for
planning, preparation, and construction.
Funds in this account are allocated according to the
following table and are subject to the provisions of section
7019 of this Act:
IBWC-CONSTRUCTION
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/activity authority
------------------------------------------------------------------------
Water Quantity Program..................................... 24,353
Rio Grande Flood Control System Rehabilitation (non- [9,700]
add)..................................................
Water Quality Program...................................... 1,400
Resource & Asset Management Program........................ 5,700
------------
Total, IBWC--Construction.......................... 31,453
------------------------------------------------------------------------
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
The conference agreement provides $11,687,000 for
American Sections, International Commissions.
INTERNATIONAL FISHERIES COMMISSIONS
The conference agreement provides $36,300,000 for
International Fisheries Commissions.
The conference agreement includes funding for the
operational costs of the International Pacific Halibut
Commission, including current lease expenses, and the conferees
direct the Commission to fund these costs prior to investing in
new programs or expanding existing programs.
The conferees intend that funds made available under this
heading be allocated as detailed in the Senate report.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
The conference agreement provides $740,100,000 for
International Broadcasting Operations, and an additional
$4,400,000 in title VIII under this heading is designated for
OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985.
The conferees endorse Senate report language regarding
the denial of funding for Broadcasting Board of Governors (BBG)
program enhancements. The conferees do not support the proposed
recommendation to restructure broadcasting to the PRC, and
provide adequate funding to sustain fiscal year 2011 program
levels for Voice of America (VOA) and Radio Free Asia
broadcasts to the PRC, including engineering costs. The
conferees also provide adequate funding to continue fiscal year
2011 program levels for Radio Free Europe/Radio Liberty's Radio
Mashaal and VOA's Radio Deewa.
The conferees direct the BBG to notify the Committees on
Appropriations of any significant increases or decreases to
broadcast hours on each transmission platform (including
shortwave, medium wave, Internet, satellite, and television)
previously justified to Congress for all BBG language services.
The conferees do not intend that the BBG should notify the
Committees regarding minor or short-term broadcast schedule
changes with minimal funding implications or that result from
spring and fall time changes.
The conferees support continued funding for the BBG's
Internet circumvention program and direct the BBG to submit a
report to the Committees on Appropriations, prior to the
initial obligation of funds, detailing planned expenditures of
funds that are made available for activities to promote
Internet freedom. The conferees also direct the BBG, in
coordination with the Secretary of State, to submit to the
Committees on Appropriations, not later than September 30,
2012, a report describing efforts supported by the BBG,
Department of State and USAID to promote Internet freedom,
including an assessment of the results of such efforts and
safeguards against the use of circumvention technology for
illicit or illegal purposes. The conferees recommend that the
fiscal year 2013 congressional budget justification materials
include a request for funds for this program under this
heading.
Funds in this account are allocated according to the
following table and are subject to the provisions of section
7019 of this Act:
INTERNATIONAL BROADCASTING OPERATIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program authority
------------------------------------------------------------------------
Federal
BBG/IBB Operations..................................... 72,760
Voice of America....................................... 206,255
Broadcasting to Cuba................................... 28,475
Engineering and Technical Services..................... 189,300
------------
Subtotal, Federal.................................. 496,790
Independent Grantee Organizations:
Radio Free Europe/Radio Liberty (RFE/RL)............... 94,870
Radio Free Asia........................................ 38,315
Middle East Broadcasting Networks...................... 110,125
------------
Subtotal, Grantees................................. 243,310
------------
Total, International Broadcasting Operations\1\ 740,100
------------------------------------------------------------------------
\1\An additional $4,400,000 is included in title VIII under this heading
designated for OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
Section 7078 requires the BBG to submit an operating plan
for funds appropriated under this heading not later than 30
days after enactment of this Act. The conferees request that
such plan include the assessed amount for the BBG's capital
security cost share. In addition, the operating plan should
integrate the funds appropriated under this heading in title
VIII of this Act for OCO/GWOT, and the OCO/GWOT amounts should
be separately identified in the integrated plan.
BROADCASTING CAPITAL IMPROVEMENTS
The conference agreement provides $7,030,000 for
Broadcasting Capital Improvements.
RELATED PROGRAMS
The Asia Foundation
The conference agreement provides $17,000,000 for The
Asia Foundation (TAF).
The conferees urge TAF to continue to seek donations from
private foundations and corporations, competitively bid awards
from governmental and multilateral development agencies, and
fee-based or reimbursable agreements as a means of sustaining
its activities, programs and offices in an environment of
fiscal constraint. The conferees request that TAF include a
summary table detailing total revenue and support by category
for fiscal year 2011 and projected for fiscal year 2012 in the
fiscal year 2013 congressional budget justification.
United States Institute of Peace
The conference agreement provides $30,589,000 for the
United States Institute of Peace (USIP), and an additional
$8,411,000 in title VIII under this heading is designated for
OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985.
The conferees urge USIP to continue to seek competitively
bid awards from other Federal agencies and to fully implement
fee-based or reimbursable agreements, where appropriate, as a
means of sustaining its activities and programs in an
environment of fiscal constraint. The conferees request USIP
include in the fiscal year 2013 congressional budget
justification information on the amount of funds received in
fiscal year 2011 from other Federal agencies, and the amount of
revenue generated from fees and reimbursable agreements in
fiscal year 2011, and projected for fiscal years 2012 and 2013.
Center for Middle Eastern-Western Dialogue Trust Fund
The conference agreement provides $840,000 from interest
and earnings from the Center for Middle Eastern-Western
Dialogue Trust Fund.
Eisenhower Exchange Fellowship Program
The conference agreement provides $500,000 from interest
and earnings from the Eisenhower Exchange Fellowship Program
Trust Fund.
Israeli Arab Scholarship Program
The conference agreement provides $375,000 from interest
and earnings from the Israeli Arab Scholarship Endowment Fund.
East-West Center
The conference agreement provides $16,700,000 for the
East-West Center.
National Endowment for Democracy
The conference agreement provides $117,764,000 for the
National Endowment for Democracy (NED).
The conference agreement directs that $100,000,000 shall
be allocated in the traditional and customary manner, as in
prior years, to include the core institutes.
The conference agreement requires the President of NED to
submit a report on the proposed uses of these funds on a
regional and country basis not later than 45 days after
enactment of this Act. The report should include programmatic
goals for each country and region, and how the planned use of
funds will meet such goals. The conferees direct NED to consult
with the Committees on Appropriations in advance of any
significant deviation from the plans outlined in such report.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
The conference agreement provides $634,000 for Commission
for the Preservation of America's Heritage Abroad.
United States Commission on International Religious Freedom
SALARIES AND EXPENSES
The conference agreement provides $3,000,000 for the
United States Commission on International Religious Freedom.
The conference agreement extends the Commission's
authorization for one year and adds language making applicable
to the Commission certain authorities and limitations regarding
employee rights, travel, and the procurement of temporary
services.
The conferees also direct the Commission to provide a
report to the Committees on Appropriations on actual fiscal
year 2012 obligations and expenditures by cost category not
later than October 31, 2012.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
The conference agreement provides $2,715,000 for the
Commission on Security and Cooperation in Europe.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
The conference agreement provides $1,996,000 for
Congressional-Executive Commission on the People's Republic of
China.
United States-China Economic and Security Review Commission
SALARIES AND EXPENSES
The conference agreement provides $3,493,000 for the
United States-China Economic and Security Review Commission.
Not later than 180 days after enactment of this Act, the
conferees direct the Commission to report to the Committees on
Appropriations on the use of non-military assistance by the PRC
(including loans, grants, and other funds not recognized as
assistance by the Organization for Economic Cooperation and
Development) to expand its strategic influence and access to
natural resources. The report should be prepared on a region-
by-region basis, include an analysis of the use of state-owned
enterprises by the Government of the PRC (including those of
the People's Liberation Army) to further these objectives, and
be publicly available on the Commission's Web site.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $1,092,300,000 for
USAID Operating Expenses, and an additional $255,000,000 in
title VIII under this heading is designated for OCO/GWOT
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985.
The conference agreement extends the period of
availability of funds under this heading from one to two years,
and no longer extends the authorities of section 7011 for funds
made available under this heading.
The conference agreement does not provide funding for
additional Development Leadership Initiative positions in
fiscal year 2012.
The conferees recognize the importance of USAID's
procurement reform efforts to enable USAID to become a more
accessible, transparent, effective, and efficient agency, and
the conference agreement includes several provisions intended
to support these efforts as well as to build the capacity of
local partners. The conference agreement includes section 7077
regarding authority for a local competition pilot project,
provides $22,000,000 for the Acquisition Workforce Initiative
and the Implementation and Procurement Reform Initiative, and
$3,000,000 for upgrades to the procurement IT system. The
conferees intend that these funds will be used for USAID's
procurement reform efforts in fiscal years 2012 and 2013. In
addition, the conference agreement includes adequate funds for
fiscal year 2012 staffing and operations costs for the Office
of Acquisition and Assistance and for operations and
maintenance of the procurement IT system. The conference
agreement does not include a requested provision authorizing a
new USAID Working Capital Fund. The conferees will revisit the
justification for such a fund in fiscal year 2013. The
conferees direct the USAID Administrator to provide to the
Committees on Appropriations not later than May 1, 2012, an
assessment of the efficiencies and improvements achieved as a
result of USAID's procurement reform efforts.
The conferees direct the USAID Administrator to provide a
report on staff hired by USAID, not later than 60 days after
enactment of this Act, which details the number of people
employed by: employment category (direct hire, personal service
contractor, Participating Agency Service Agreement, and similar
categories); veteran status of direct hires; headquarters
office or overseas post; and the appropriation account used to
fund employees. The report shall also include the specific
legislative authorities used to hire the employees as
applicable, and if hired by another Federal agency, the
additional administrative expenses charged by that agency. The
conferees direct that this employment report reflect data as of
the end of fiscal year 2011.
As in past years, USAID is directed to notify the
Committees on Appropriations 15 days prior to any procurement
action that involves awarding a sole source contract in excess
of $15,000,000; awarding a non-competitive grant or contract
(other than sole source) in an amount greater than $75,000,000;
raising the ceiling on an existing Indefinite Quantity Contract
(IQC) by an amount greater than $35,000,000; issuing a new IQC
in excess of $75,000,000; awarding an umbrella grant in excess
of $25,000,000; or raising the ceiling on an existing umbrella
grant in excess of $25,000,000. This requirement does not apply
to assistance in critical priority countries and assistance for
humanitarian response or post-conflict situations.
The conferees direct the USAID Administrator to include
in the fiscal year 2013 congressional budget justification an
estimate of savings resulting from closing missions by each
mission for fiscal years 2012, 2013, and 2014. The conferees
support USAID's plan to close three missions during fiscal year
2012.
The conference agreement includes changes in section 7015
on notification requirements for certain reorganization
actions, and the conferees direct the USAID Administrator to
consult with the Committees on Appropriations prior to
initiating such actions. For the purposes of this requirement,
such reorganizations are limited to those resulting in a
significant shift in responsibility of the operating unit or in
staffing and funds. The conferees do not expect to be consulted
or notified for staffing reorganizations resulting in little or
no change in responsibility of the operating unit, staffing or
funds.
The conferees direct the USAID Administrator to submit a
report to the Committees on Appropriations, not later than 180
days after enactment of this Act, on the implementation of its
branding policy. The report should include an analysis of the
public diplomacy impact of the current branding policy on a
regional basis and the justification for the use of waivers to
the policy.
The conferees intend that funds appropriated under this
heading be made available to develop and implement training for
staff in overseas missions to promote the full inclusion and
equal participation of people with disabilities. The conferees
direct the USAID Administrator to seek to ensure that, where
practicable, construction projects funded by this Act are
accessible to people with disabilities and in compliance with
USAID Policy on Standards for Accessibility for the Disabled,
or other similar accessibility standards.
Funds in this account are allocated, unless otherwise
noted, according to the following table, and are subject to the
provisions of section 7019 of this Act:
USAID Operating Expenses
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program authority
------------------------------------------------------------------------
Agency Reform Efforts................................... 344,762
Development Leadership Initiative (no new hires) [319,762]
(non-add)..........................................
Procurement Reform (non-add)........................ [25,000]
Non-Frontline States Operations (including headquarters) 632,100
Overseas Space Expansion................................ 12,500
Central Support......................................... 191,064
Less other sources\1\................................... -88,126
---------------
TOTAL, USAID Operating Expenses\2\.................. 1,092,300
------------------------------------------------------------------------
\1\Other sources include trust funds and reimbursements.
\2\An additional $255,000,000 is included in title VIII under this
heading designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.
CAPITAL INVESTMENT FUND
The conference agreement provides $129,700,000 for the
Capital Investment Fund.
The conferees direct the USAID Administrator to consult
with the Committees on Appropriations, not later than 60 days
after enactment of this Act and prior to the initial obligation
of funds, on the proposed uses of these funds for the Capital
Security Cost Sharing Program.
OFFICE OF INSPECTOR GENERAL
The conference agreement provides $46,500,000 for the
Office of Inspector General, and an additional $4,500,000 in
title VIII under this heading is designated for OCO/GWOT
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985.
Funds appropriated under this heading are subject to the
terms of section 7078 of this Act.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
GLOBAL HEALTH PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $8,167,860,000 for
Global Health Programs.
The conference agreement does not include language
restricting the use of USAID's Global Health Programs funds for
nonproject assistance. However, the conferees understand that
USAID does not intend to enter into additional funding
arrangements of this type, and agree with that position.
The Secretary of State and USAID Administrator are
directed to provide a government-wide funding summary of global
health programs for fiscal year 2012 to the Committees on
Appropriations, not later than 90 days after enactment of this
Act. The conferees expect the report to include a description
of the differentiation of goals, implementing partners, and
auditing standards for each Federal agency.
The conferees expect USAID to prioritize awarding funds
under this heading through a competitive bidding process.
The conferees direct the USAID Administrator and the
United States Global AIDS Coordinator to provide to the
Committees on Appropriations, not later than 60 days after
enactment of this Act, a report detailing steps taken to
prevent the misappropriation of drugs funded through bilateral
and multilateral funds.
The conferees direct USAID to develop and submit a new
multi-year strategy on health-related research and development
to the Committees on Appropriations.
The conferees direct that no funds under this heading may
be used for needle exchange programs in fiscal year 2012.
The conferees direct the United States Global AIDS
Coordinator to consult with the Committees on Appropriations,
not later than 45 days after enactment of this Act, on how the
Office of the Global AIDS Coordinator (OGAC) is expanding
efforts to support microbicide development and product access.
The conferees direct the United States Global AIDS
Coordinator to consult with the Committees on Appropriations
regarding opportunities to further reduce treatment costs to
enable more individuals to have access to life-saving drugs.
The conferees direct the Secretary of State to provide a
report to the Committees on Appropriations, not later than 120
days after enactment of this Act, that contains the most recent
Global Fund audit information, commitment and disbursement
data, and a summary of the recipient and sub-recipient
expenditures as reported to the United States Government, and
to notify the Committees when this information is posted on the
Department's Web site.
The conferees urge OGAC to work with countries to
increase HIV testing, including the use of rapid tests, where
feasible.
The conferees recommend that USAID and OGAC continue to
support HIV-related media prevention programming.
The conferees recommend that OGAC and the USAID Bureau
for Global Health consider utilizing the Department of the
Treasury's technical advisors when programming funds for
procurement and oversight capacity building in recipient
countries.
Funds in this account are allocated, unless otherwise
noted, according to the following table, and are subject to the
provisions of section 7019 of this Act:
GLOBAL HEALTH PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/activity authority
------------------------------------------------------------------------
Maternal and Child Health.............................. 605,550
Polio (non-add).................................... [35,000]
The GAVI Alliance (non-add)........................ [100,000]
Micronutrients (non-add)........................... [30,000]
[of which, Vitamin A] (non-add).................... [20,000]
[of which, Iodine Deficiency Disorder] (non-add)... [2,000]
Nutrition (USAID)...................................... 95,000
Vulnerable Children (USAID)............................ 17,500
Blind Children (non-add)........................... [2,500]
HIV/AIDS (USAID)....................................... 350,000
Microbicides (non-add)............................. [45,000]
HIV/AIDS (Department of State)......................... 5,542,860
Global Fund to Fight HIV/AIDS, Malaria and [1,050,000]
Tuberculosis (non-add)............................
UNAIDS (non-add)................................... [45,000]
Family Planning/Reproductive Health (USAID)............ 523,950
Other Infectious Diseases (USAID)...................... 1,033,000
Pandemic Preparedness (non-add).................... [58,000]
Malaria (non-add).................................. [650,000]
Tuberculosis (non-add)............................. [236,000]
[of which, Global TB Drug Facility] (non-add)...... [15,000]
Neglected Tropical Diseases (non-add).............. [89,000]
----------------
Total, Global Health Programs.................. 8,167,860
------------------------------------------------------------------------
DEVELOPMENT ASSISTANCE
The conference agreement provides $2,519,950,000 for
Development Assistance (DA).
PROGRAMS
The conferees expect USAID to allocate funds provided for
the American Schools and Hospitals Abroad program through an
open and competitive process, in accordance with all applicable
rules and regulations.
The conference agreement moves the position of Basic
Education Coordinator from the Department of State to USAID.
The conferees direct USAID to integrate schools and educational
programs, as appropriate, within health and development
programs to continue to implement the ``Communities of
Learning'' model. The USAID Administrator is directed to
consult with the Committees on Appropriations on a regular
basis on these efforts.
The conferees authorize a contribution to be made to the
Global Partnership for Education (the Partnership), formerly
known as the Education for All Fast Track Initiative, with
funds appropriated in this Act for basic education. The
conferees expect USAID to maintain its leadership role on the
Partnership's Executive Board and provide assistance with
monitoring and evaluation efforts.
The conferees endorse Senate report language regarding
$15,000,000 for partnerships between United States and African
institutions of higher education.
The conferees expect USAID to consider the prevalence of
child marriage when developing country operational plans and
increase programmatic focus on this issue where appropriate.
The conferees direct the USAID Administrator to submit a
report to the Committees on Appropriations, not later than 120
days after the date of enactment of this Act, on implementation
of the Development Innovation Ventures (DIV) program. The
report should include an overview of projects funded by DIV and
their outcomes as they relate to the goals and objectives of
the program, including successes related to efficiencies and
cost-effectiveness. The conferees support USAID's efforts to
leverage other Federal agencies' investments in similar areas
and avoid duplication.
Funds made available for food security and agriculture
development are subject to the terms of section 7078 of this
Act. The required spend plan should also specify the amount and
purpose of any funds to be transferred to other agencies.
Funds provided for environment programs funded through
USAID, the Department of State, and the Department of the
Treasury should be made available to help developing countries
reduce greenhouse gas emissions; develop renewable energy and
increase end-use energy efficiency; adapt to rising
temperatures, water and food scarcity, and rising sea levels;
protect tropical forests, wildlife, and other biodiversity; and
implement policies for the transparent and sustainable use of
natural resources. The conferees endorse language in the Senate
report directing that $200,000,000 be made available for
biodiversity conservation programs, including $2,000,000 to
implement and enforce the Lacey Act (section 8204 of Public Law
110-246), $10,000,000 for biodiversity programs in the
Brazilian Amazon and $20,000,000 for such programs in the
Andean Amazon. The conferees endorse language in the Senate
report on funding for the Congo Basin Forest Partnership, and
direct that not less than $9,000,000 of such funds be directly
apportioned to the United States Fish and Wildlife Service
(USFWS) for programs in Central Africa. The conferees endorse
language in the Senate report directing that $1,000,000 be
directly apportioned to the Department of the Interior for
biodiversity and archaeological conservation activities in
Guatemala's Mayan Biosphere Reserve, to include governance and
law enforcement. The conferees recommend funding for other
international conservation programs administered by the USFWS,
United States Forest Service, the National Park Service, and
the National Oceanic and Atmospheric Administration. The
conferees continue to support funding to protect great apes in
Indonesia and Africa and wildlife in South Sudan and Niger.
The conferees direct the Secretary of the Treasury to
submit a report to the Committees on Appropriations describing,
for each international financial institution, the amount and
type of assistance provided, by country, for the extraction and
export of natural resources in the preceding 12 months, and
whether each institution considered, in providing such
assistance, the extent to which the country has functioning
systems, laws, and regulations in place to prevent or limit the
public disclosure of company payments as required by section
1504 of Public Law 111-203.
The conferees endorse funding and purposes included in
the Senate report for the Leahy War Victims Fund.
The conferees direct the USAID Administrator to target 50
percent of funding for microenterprise and microfinance to the
very poor, as required by section 252(c) of the Foreign
Assistance Act of 1961. The conferees direct USAID to continue
to increase these programs in sub-Saharan Africa.
The conferees note the importance of land tenure in
economic development, and expect USAID to build upon the
programmatic experience of the Millennium Challenge Corporation
to improve the implementation of such activities.
The conferees expect USAID to seek to ensure that
assistance does not compete with emerging small businesses,
entrepreneurs, and local economies in recipient countries, and
instead works to strengthen them.
The conferees direct the Secretary of State, in
consultation with the Ambassador-at-Large of the Office for
Global Women's Issues, other relevant United States Government
agencies, and international and nongovernmental organizations,
to identify and take emergency measures to respond to violence
against women and girls in situations of armed conflict and
direct the Secretary of State to consult with the Committees on
Appropriations, as necessary.
The conferees endorse funding included in the Senate
report for victims of torture.
COUNTRIES
Ecuador.--The conferees endorse language in the Senate
report on health and environment programs in Ecuador.
Ethiopia.--The conferees remain concerned with the
Government of Ethiopia's increasing restrictions on the media
and expect the Department of State and USAID to support
programs that promote freedom of expression and association in
Ethiopia.
Guatemala.--The conferees support programs to address
gender-based violence.
Indonesia.--The conferees recommend that $70,000,000 of
funds provided under this heading be made available for
assistance for Indonesia, of which not less than $400,000
should be made available for grants for capacity building of
Indonesian human rights organizations, including in Papua.
Morocco.--The conferees note that funds provided in title
III of this Act for Morocco may be used in regions and
territories administered by Morocco. The conferees remain
concerned with resolving the dispute over the Western Sahara
and urge the Department of State to prioritize a negotiated
settlement.
Nepal.--The conferees endorse the Senate report
recommending that $7,000,000 under this heading be made
available for assistance for Nepal.
People's Republic of China.--The conference agreement
does not include funds for programs in the PRC under this
heading.
Philippines.--The conferees recommend that $35,000,000 be
made available for assistance for the Philippines under this
heading.
Senegal.--The conferees recommend that not less than
$50,000,000 should be made available for assistance for Senegal
under this heading. However, the conferees are concerned that
Hissene Habre has not been extradited for prosecution for
crimes against humanity, and direct the Secretary of State to
submit a report to the Committees on Appropriations, not later
than 45 days after enactment of this Act, on steps taken by the
Government of Senegal to assist in bringing Habre to justice.
Vietnam.--The conferees recommend not less than
$5,000,000 under this heading be made available for health/
disability activities in areas in Vietnam that were targeted
with Agent Orange or remain contaminated with dioxin. The
conferees endorse Senate report language on consultation and
the development of a multi-year plan.
INTERNATIONAL DISASTER ASSISTANCE
The conference agreement provides $825,000,000 for
International Disaster Assistance, and an additional
$150,000,000 in title VIII under this heading is designated for
OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985.
The conferees direct the USAID Administrator to consult
with the Committees on Appropriations on efforts to facilitate
communication and collaboration with the private sector, non-
profit organizations, and other entities seeking to assist
during an international disaster.
The USAID Administrator is also directed to consult with
the Committees on Appropriations, not later than 90 days after
enactment of this Act, on the format and content of
international disaster assistance reports that are made
available to Congress and the public.
TRANSITION INITIATIVES
The conference agreement provides $50,141,000 for
Transition Initiatives, and an additional $6,554,000 in title
VIII under this heading is designated for OCO/GWOT pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985.
The conferees direct USAID's Office of Transition
Initiatives (OTI) to submit a report to the Committees on
Appropriations at the end of the fiscal year summarizing new,
ongoing, and completed country programs implemented by OTI in
fiscal year 2012. Prior to submission, OTI should consult with
the Committees on Appropriations regarding the format and
content of the report.
COMPLEX CRISES FUND
The conference agreement provides $10,000,000 for Complex
Crises Fund, and an additional $30,000,000 in title VIII under
this heading is designated for OCO/GWOT pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides a ceiling of
$40,000,000 for funds that may be transferred from other
programs in this title to the Development Credit Program and
provides $8,300,000 for administrative expenses.
ECONOMIC SUPPORT FUND
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $3,001,745,000 for
Economic Support Fund (ESF), and an additional $2,761,462,000
in title VIII under this heading is designated for OCO/GWOT
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985.
Section 7078 of this Act requires submission of a spend
plan for certain countries and programs not later than 30 days
after enactment of this Act. The conferees request that these
spend plans integrate the funds appropriated under this heading
and in title VIII of this Act for OCO/GWOT where appropriate,
and the OCO/GWOT amounts should be separately identified in the
integrated plan.
Afghanistan.--The conferees remain concerned with the
capacity of the Government of Afghanistan to effectively
oversee increased levels of direct government-to-government
assistance.
The conferees direct the USAID Administrator to regularly
update the Committees on Appropriations on the Accountable
Assistance for Afghanistan Initiative.
The conferees expect the Department of State to resolve
disagreements regarding the tax-exempt status for United
States-based contractors and subcontractors that implement
United States Government assistance programs in Afghanistan and
direct the Secretary of State to report to the Committees on
Appropriations on steps being taken to address tax-exempt
status in new and existing contracts and agreements.
The conference agreement provides $10,000,000 for the
Afghan Civilian Assistance Program if problems identified by
the USAID Inspector General are addressed and not less than
$5,000,000 for the Office of Global Women's Issues small grant
program as described in the Senate report.
Africa.--The conferees support the budget request for
Liberia and South Sudan.
Burma.--The conferees endorse Senate report language on
the United States Special Envoy and Policy Coordinator for
Burma and request that the Special Envoy consult regularly with
the Committees on Appropriations on developments in, and
assistance for, Burma.
Central American Regional Security Initiative (CARSI)/
Caribbean Basin Security Initiative (CBSI).--The conferees
support the budget request for CARSI and CBSI.
Colombia.--The conference agreement provides not less
than $179,000,000 under this heading to be apportioned directly
to USAID for continued support of new and ongoing alternative
development/institution building in Colombia, of which not less
than $7,000,000 shall be transferred to the Migration and
Refugee Assistance account to address the needs of Colombian
refugees in neighboring countries, and not less than
$15,000,000 is provided for assistance for Afro-Colombian and
indigenous groups including for renewable energy activities in
isolated communities. The conferees support assistance for
flood relief and recovery including for small farmers, and
recommend that not less than $3,000,000 be made available for
continued support for biodiversity conservation programs and
$500,000 for community-based programs to address the needs of
children disabled by landmines and other causes related to the
armed conflict.
Cuba.--The conferees support the budget request for Cuba.
Cyprus.--The conferees recommend $3,500,000 for Cyprus
and endorse the purposes and intent of the funding included in
the Senate report.
Egypt.--The conference agreement includes conditions on
assistance and authority regarding assistance for Egypt in
section 7041 of this Act, which are further discussed under
title VII of this joint explanatory statement.
The conferees direct the Secretary of State to submit a
report to the Committees on Appropriations, not later than 60
days after enactment of this Act, outlining steps that the
Government of Egypt is taking to protect religious minorities,
including Coptic Christians, prevent sectarian and gender-based
violence, and hold accountable those who commit such acts.
Funds made available for Egypt are subject to the terms
of section 7078 of this Act. The required spend plan shall also
include the proposed uses of unobligated/available funds
appropriated in prior years.
El Salvador.--The conferees are aware of the devastating
flooding in El Salvador during 2011 that caused extensive
damage and recognize that El Salvador is extremely vulnerable
to recurrent natural disasters. The conferees expect that
additional assistance be provided under this heading and under
the International Disaster Assistance heading for flood relief,
reconstruction, and relocation of at-risk populations,
including support for small farmers, and to enhance El
Salvador's capabilities to prevent and respond to future
disasters.
Haiti.--The conferees support the budget request for
Haiti and direct that assistance for Haiti provided under this
heading in this Act and prior appropriations acts be made
available, to the maximum extent practicable, in a manner that
emphasizes the participation of Haitian civil society
organizations and directly improves the security, economic and
social well-being, and political status of Haitian women and
girls.
Iraq.--The conference agreement includes conditions on
assistance for Iraq in section 7041(d) of this Act, which are
similar to prior years. As the Government of Iraq's oil
revenues continue to increase, the conferees expect Iraq to
assume the full cost for development and security programs in
Iraq currently funded by the Department of State and USAID.
The conferees recommend $10,000,000 for stabilization
programs in Iraq, for which the policy justification and
decisions shall be the responsibility of the Chief of Mission.
Such funds shall not be used for cultural programs or for costs
usually associated with Department of State operations.
Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing: (1) The specific manner in which the
Government of Iraq has committed to contributing to, and
sustaining, security-related programs funded by this Act; (2)
the estimated timeframe under which Iraq will assume full
responsibility for funding such security-related programs; (3)
the operation and maintenance costs of aircraft utilized in
Iraq in support of security-related programs; and (4) estimates
for the overhead costs associated with security sector programs
in fiscal year 2012 and subsequent fiscal years. The report may
be submitted in classified form, if necessary.
The conferees expect the Department of State and USAID to
continue efforts to encourage the incorporation of women in
stabilizing and developing Iraq, including within government
institutions.
The conferees endorse language in the Senate report on
ethno-religious minorities in Iraq.
Jordan.--The conferees intend that assistance for Jordan
provided under this heading will be used for programs to reduce
poverty and create jobs, strengthen democracy, and protect
human rights, in addition to activities described in the
justification materials submitted to Congress.
Lebanon.--The conferees recommend $500,000 for continued
support for the United States Forest Service's forest and
biodiversity conservation programs in Lebanon.
Mexico.--The conferees support the budget request under
this heading and under the Development Assistance heading for
USAID programs in Mexico and direct the USAID Administrator to
submit a report, not later than 90 days after enactment of this
Act, on how these programs address the root causes of violence
and instability.
Middle East Partnership Initiative (MEPI).--The conferees
provide $70,000,000 for MEPI and recommend that not less than
$10,000,000 of such funds be made available to continue
scholarships for students in countries with significant Muslim
populations at not-for-profit education institutions, in a
manner consistent with prior fiscal years, including the
awarding of funds through an open and competitive process. The
conferees endorse the reporting requirement under this
subheading in the Senate report.
The conferees support efforts to promote peace and
stability in the Middle East, including through activities that
seek to mitigate extremist incitement and propaganda efforts,
in order to further United States counterterrorism efforts.
The conferees also encourage the use of Internet-based
activities to further peace and reconciliation online.
Middle East Regional Cooperation Program (MERC).--The
conferees recommend $5,000,000 for MERC.
Middle East/North Africa Response Fund (Response Fund).--
The conference agreement includes $50,000,000 for the Response
Fund to provide the Department of State and USAID with the
necessary flexibility to respond quickly to political crises in
the Middle East and North Africa. The Secretary of State and
USAID Administrator are directed to consult with the Committees
on Appropriations on the uses of such funds and submit a
spending plan for all funds provided in this Act and prior
appropriations acts for these purposes.
Near East Regional Democracy (NERD).--The conferees
support the budget request for NERD.
Pakistan.--Funds provided under Chief of Mission
authority in Pakistan shall not be used for cultural programs
or for costs usually associated with Department of State
operations.
People's Republic of China.--The conferees recommend
$12,000,000 under this heading for United States institutions
of higher education and nongovernmental organizations for
democracy, governance, rule of law, and environment programs in
the PRC. These programs should support training for citizens,
lawyers, and businesses on key issues including criminal
justice, occupational safety, and environmental protection. No
funds are for the Government of China and programs should be
awarded on a competitive basis.
The conferees endorse the requirement in the Senate
report for an assessment of the PRC's long term strategic
intentions in the region.
Reconciliation Programs.--The conferees recommend
$10,000,000 for ``New Generation in the Middle East''
initiative to build understanding, tolerance, and mutual
respect among young Israelis and Palestinians of diverse
economic and social backgrounds who have leadership potential.
The conferees intend such programs and activities to be
conducted in the region, and direct the Secretary of State and
the USAID Administrator to consult with the Committees on
Appropriations on the development and implementation of this
initiative.
Syria.--The conference agreement includes a provision
relating to democracy and human rights programs in Syria. The
conferees direct that a portion of the funds be programmed in
consultation with other governments in the region, specifically
Turkey and other key allies in the Middle East, as appropriate.
Tibet.--The conferees endorse the funding and purposes
included in the Senate report for Tibet.
Timor-Leste.--The conferees recommend not less than
$1,000,000 for higher education scholarships in Timor-Leste.
Tunisia.--The conferees recommend $5,000,000 for
democracy and governance programs and for programs to protect
human rights in Tunisia. The conference agreement also
authorizes funding for the cost of loan guarantees.
Uganda.--The conference agreement includes section
7043(h) regarding areas affected by the Lord's Resistance Army
(LRA). The conferees support the goals of the Lord's Resistance
Army Disarmament and Northern Uganda Recovery Act (Public Law
111-172) to help end the atrocities committed by the LRA,
protect innocent civilians, and stabilize the affected region.
The conferees direct that up to $10,000,000 be made available
for peace and security in the affected region to address these
issues, including programs to improve physical access,
telecommunications infrastructure and early-warning mechanisms
and to support the disarmament, demobilization, and
reintegration of former LRA combatants, especially child
soldiers.
Vietnam.--The conferees recommend not less than
$15,000,000 for environmental remediation of dioxin
contamination at the Da Nang and Bien Hoa airports and other
severely contaminated sites.
West Bank and Gaza.--The conference agreement continues
restrictions in current law on assistance for the West Bank and
Gaza, and includes new limitations.
The conferees endorse Senate report language regarding a
Government Accountability Office assessment of the United
Nations Relief and Works Agency in the West Bank.
GLOBAL PROGRAMS
The conferees recognize the utility of humanitarian cash
disbursements to individuals in certain limited dire
circumstances, but expect that any such assistance provided
through the government of the recipient country will comply
with the determination, consultation, and notification
requirements in section 7031 of this Act relating to direct
government-to-government assistance.
The conferees endorse language in the Senate report on
classification societies, except that the foreign governments
noted shall include those of the Islamic Republic of Iran, the
Democratic People's Republic of North Korea, the Republic of
the Sudan, and Syria.
The conferees recommend $3,000,000 to implement the
Kimberly Process Certification Scheme, but are concerned with
reports that the Kimberley Process is failing to prevent
conflict diamonds from entering the legitimate global diamond
trade. The conferees direct the Department of State to assess
whether the Kimberley Process can achieve its goals, and
whether alternative mechanisms are needed to prevent conflict
diamonds from entering legitimate supply chains.
The conferees recommend $5,000,000 under this heading for
activities to counter violent extremism included in the budget
request under Nonproliferation, Anti-terrorism, Demining, and
Related Programs.
The conference agreement provides the budget request for
counterterrorism programs in Africa. The conferees direct that
an additional $10,000,000 be made available for
counterterrorism programs in East Africa to be managed by
USAID.
The conferees endorse language in the Senate report
recommending $5,000,000 for disability programs.
The conferees support continued funding for the
Department of State's Internet freedom program and direct the
Secretary of State to submit to the Committees on
Appropriations prior to the initial obligation of funds, a
report detailing planned expenditures of the funds made
available to promote Internet freedom. The conferees also
direct the Secretary, in coordination with the USAID
Administrator, to submit to the Committees, not later than
September 30, 2012, a report listing programs supported by the
Department of State and USAID to promote Internet freedom,
including an assessment of the results of these programs and
safeguards against the use of circumvention technology for
illicit or illegal purposes, and detailing how such programs
support and are coordinated with cyber diplomacy and the United
States International Strategy for Cyberspace. The conferees
recommend that the fiscal year 2013 congressional budget
justification materials include a request for funds for this
program under this heading.
The conferees recommend $5,000,000 for the Extractive
Industries Transparency Initiative.
The conferees endorse language in the Senate report on
forensic anthropology in countries of Central and South
America.
The conferees recommend $1,900,000 for the House
Democracy Partnership.
The conferees recommend $4,500,000 under this heading for
polio eradication activities in Afghanistan and Pakistan.
The conferees recommend that not less than $36,000,000
under the Economic Support Fund, International Narcotics
Control and Law Enforcement, Assistance for Europe, Eurasia and
Central Asia, and Development Assistance headings should be
used for activities to combat trafficking in persons
internationally, including to protect and rehabilitate victims,
prosecute perpetrators, and support research initiatives.
Additional funds are provided under Diplomatic and Consular
Programs.
The conferees endorse language included in the Senate
report on assistance for wheelchair programs.
DEMOCRACY FUND
The conference agreement provides $114,770,000 for
Democracy Fund.
The conferees recognize that dissidents and defectors
often possess unique information about the political and
economic situation inside a country, particularly in closed
societies. The conferees therefore direct the Secretary of
State, in consultation with the heads of other relevant United
States agencies, to consider ways to better disseminate this
information, including to human rights groups and civil
society.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA
The conference agreement provides $626,718,000 for
Assistance for Europe, Eurasia and Central Asia.
The conferees support the budget request for fiscal year
2012 for countries funded under this heading and note that any
deviation from these amounts is subject to the regular
notification procedures of the Committees on Appropriations.
The conferees endorse language in the Senate report
concerning assistance for the North Caucasus in the amount and
for purposes similar to prior fiscal years.
The conferees recommend assistance for victims of the
Nagorno-Karabakh conflict at levels consistent with prior
years, and for ongoing needs related to the conflict. The
conferees urge a peaceful resolution of the conflict.
The conferees direct the Secretary of the Treasury to
keep the Committees on Appropriations informed on its efforts
to address: export quotas, allocation of grain licenses, and
VAT tax refunds with the Government of Ukraine, and repression
of fundamental rights in Ukraine, including due process of law
and freedoms of expression and association.
The conferees endorse language and funding amounts in the
Senate report for wildlife conservation programs in Russia and
forest management programs in Ukraine.
The conferees support programs to address the fight
against tuberculosis and HIV/AIDS in Ukraine and Georgia.
Department of State
MIGRATION AND REFUGEE ASSISTANCE
The conference agreement provides $1,639,100,000 for
Migration and Refugee Assistance, and an additional
$229,000,000 in title VIII under this heading is designated for
OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985.
The conferees remain concerned with the plight of
refugees from Burma residing in Thailand and India, and
recommend sufficient funding to address their needs. The
conferees direct the Secretary of State to continue to make the
welfare of such refugees a priority, including in bilateral and
multilateral discussions with other donors and governments.
The conferees endorse directives in the Senate report
concerning Iraqi and Pakistani refugees and internally
displaced persons (IDPs), and the use of assistance for
Pakistani IDPs identified in the Internally Displaced Persons
Vulnerability Assessment and Profiling mechanism.
The conferees encourage the Secretary of State to sustain
and enhance efforts for increasing resettlement opportunities
for Eritrean refugees, and continue to coordinate with the
international community to develop and implement a strategy to
protect and assist displaced Somalis. Additionally, the
conferees encourage the Secretary to build on the Department of
State's report on repatriation and reintegration of
unaccompanied children by exploring initiatives and
partnerships with United States nongovernmental organizations
for the safe return and reintegration of such children.
The conferees endorse the funding recommendation in the
Senate report regarding Tibetan refugees in India and Nepal and
urge the Secretary of State to work with the Government of
Nepal to ensure the safe transit of Tibetan refugees and
provide legal protections to Tibetans residing in Nepal.
The conferees note that United Nations Relief and Works
Agency (UNRWA) schools serve as an alternative to Hamas-run
schools in Gaza, and that UNRWA has included supplemental human
rights and non-violent conflict resolution training in their
curriculum. The conferees urge the Secretary of State to work
with UNRWA to explore steps to further the elimination of
inflammatory and inaccurate information in host country
textbooks used in UNRWA schools. Additionally, section 7049(d)
continues the accountability report included in prior
appropriations acts for the Department of State, foreign
operations and related programs.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
The conference agreement provides $27,200,000 for the
United States Emergency Refugee and Migration Assistance Fund.
Independent Agencies
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $375,000,000 for the
Peace Corps.
The conferees note the recent enactment of the Kate Puzey
Peace Corps Volunteer Protection Act of 2011 (Public Law 112-
57) containing various reporting requirements addressing the
safety and security of volunteers, including the prevention of,
and response to, sexual assault.
The conferees direct that opinions and recommendations
from Peace Corps volunteers should be solicited through regular
surveys on a confidential basis, and that information that
would otherwise be obtainable under the Freedom of Information
Act that is of general interest to the public concerning the
Peace Corps is made publicly available in a timely manner on
the Peace Corps Web site.
Funds appropriated under this heading are subject to the
terms of section 7078 of this Act.
MILLENNIUM CHALLENGE CORPORATION
The conference agreement provides $898,200,000 for
Millennium Challenge Corporation (MCC).
The conferees direct the Chief Executive Officer (CEO) of
the MCC to submit a report to the Committees of Appropriations,
not later than 90 days after enactment of this Act, that
includes an assessment of the current practices, procedures,
and recommendations for improvements in the MCC's ability to
identify and track patterns of corruption; the MCC's process
for determining the actions necessary to inhibit corruption;
and the process to determine if the level of corruption
warrants termination or suspension of the MCC compact.
The conferees reaffirm the MCC's mandate to increase
economic growth and reduce poverty, and direct the CEO of the
MCC to consult with the Committees on Appropriations, prior to
submission of congressional notifications, for new compacts
regarding the corresponding economic rate of return estimated
for each compact component funded.
The conferees recognize that the MCC amended its
procurement guidelines on September 28, 2010, to bar
government-owned enterprises from competing for MCC procurement
contracts. The conferees direct the CEO of the MCC to consult
with the Committees on Appropriations on a case-by-case basis
if this policy is waived.
The conferees direct the MCC CEO to submit an annual
report to the Committees on Appropriations, not later than 120
days after enactment of this Act, on all MCC-funded investment
funds, that includes the following information for each
investment fund in operation: the identity, selection process,
and professional background of current and past managers; the
fees and compensation currently provided to senior management;
the level of MCC financing provided at the end of the previous
fiscal year; a comprehensive and detailed description of the
fund's operations, activities, financial condition, and
accomplishments for the preceding fiscal year; and the audit
plan for each fund.
Funds in this account are subject to the requirements of
section 7078 of this Act.
INTER-AMERICAN FOUNDATION
The conference agreement provides $22,500,000 for Inter-
American Foundation.
AFRICAN DEVELOPMENT FOUNDATION
The conference agreement provides $30,000,000 for African
Development Foundation.
DEPARTMENT OF THE TREASURY
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
The conference agreement provides $25,448,000 for
International Affairs Technical Assistance, and an additional
$1,552,000 in title VIII under this heading is designated for
OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985.
DEBT RESTRUCTURING
The conference agreement provides $12,000,000 for Debt
Restructuring to support implementation of the Tropical Forest
Conservation Act.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
The conference agreement provides $1,061,100,000 for
International Narcotics Control and Law Enforcement, and an
additional $983,605,000 in title VIII under this heading is
designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.
The conferees direct the Secretary of State to notify the
Committees on Appropriations in writing, within 5 days of
exercising authority allowing funds made available under this
heading to be spent ``notwithstanding any other provision of
law'', and such notification shall include a justification of
such activities.
The conferees did not include the requested authority to
disregard the geographic or purpose limitations on assistance
provided in prior acts related to the Andean Counterdrug
Initiative or Andean Counterdrug Programs. The conferees direct
the Department of State and USAID to program remaining funds
without delay and use the funds within the region.
The conferees support the budget request for CARSI and
CBSI and expect the spend plans submitted pursuant to section
7078 of this Act for CARSI and CBSI to include activities that
were conducted with prior year appropriations, achievements
associated with the expenditure of such funds, and activities
that will be funded in fiscal year 2012, including goals to be
met.
The conferees recommend $160,600,000 for activities in
Colombia of which not less than $30,000,000 is for rule of law
programs, including $7,000,000 for USAID human rights
activities, and $15,000,000 for the Office of the Colombian
Attorney General including $7,000,000 for the human rights
unit. The conferees direct the Department of State to report to
the Committees on Appropriations, not later than 45 days after
enactment of this Act, on the proposed uses of funds for
Colombia's judicial agencies, including activities to be
supported, information on how assistance will help to reduce
impunity, and benchmarks to be used for measuring progress in
meeting specific goals.
The conferees recommend $5,000,000 for the International
Commission Against Impunity in Guatemala (CICIG).
The conferees continue to be concerned with the lack of a
professional, accountable police force in Guatemala and expect
priority be given to funding the implementation of a police
reform strategy that has the support of the Guatemalan
government and human rights organizations.
The conferees direct the Secretary of State to report to
the Committees on Appropriations, not later than 120 days after
enactment of this Act, on the role of United States assistance
in addressing the needs of Guatemalan women and girls who have
been victims of violence. The report shall include a
description of how assistance supports victims of trafficking,
rape and other sexual violence, combats human trafficking, and
improves the capacity of government institutions, including the
judiciary, law enforcement, and civil society organizations.
The conferees direct that no funds made available under
this heading may be used to transfer excess weapons, ammunition
or other lethal property of an agency of the United States
Government to any individual or unit of the Haitian National
Police if the Secretary of State has credible information that
such individual or unit has committed a gross violation of
human rights or other serious crimes.
The conferees support the budget request for the
International Law Enforcement Academies.
The conferees recommend up to $248,500,000 for assistance
for Mexico and note efforts by the Government of Mexico to
implement constitutional reforms. The conferees are concerned,
however, with the steadily increasing drug-related violence in
Mexico, and credible reports of a pattern of abuses by Mexican
police. The conferees are also concerned with ongoing gender-
based crimes in Mexico, and encourage the Department of State
to provide forensic equipment and training to Mexican states
and localities that have the highest rate of homicide and other
violent crime to ensure local law enforcement agencies have
tools to solve and prosecute these cases. Additionally, the
conferees direct the Secretary of State to provide a report,
not later than 90 days after enactment of this Act, on how
programs funded under this heading are achieving judicial and
law enforcement reforms in Mexico. The report should include
objectives to be met, benchmarks for measuring progress,
intended results, and the extent to which such programs are
coordinated with the federal and state governments in Mexico.
The conferees support continued assistance to strengthen
civilian law enforcement and judicial institutions to reduce
violent crime and narcotics trafficking in Mexico and Honduras.
The conference agreement includes sections 7045(d) and 7045(e)
that require the withholding of a portion of the assistance for
military and police forces in these countries until the
Secretary of State makes certain findings and submits them in a
report to the Committees on Appropriations.
The conferees direct the Department of State to ensure
the prompt delivery of equipment and training provided under
this heading for Mexico. Additionally, the conferees continue
to support cooperation between the United States and Mexico to
combat organized crime and drug trafficking along the border.
The conferees direct the Secretary of State to develop and
implement a coordinated border security strategy.
The conferees continue to support demand reduction
programs and direct the Secretary of State to provide
assistance at levels consistent with prior fiscal years.
The conferees request that the country-by-country report
required under this heading integrate the additional funds
appropriated under this heading in title VIII for OCO/GWOT
where appropriate, and the OCO/GWOT amounts should be
separately identified in the integrated report.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
The conference agreement provides $590,113,000 for
Nonproliferation, Anti-terrorism, Demining and Related Programs
(NADR), and an additional $120,657,000 in title VIII under this
heading is designated for OCO/GWOT pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985.
Section 7078 of this Act requires submission of a spend
plan for certain countries and programs not later than 30 days
after enactment of the Act. The conferees request that these
spend plans integrate the funds appropriated under this heading
and in title VIII of this Act for OCO/GWOT where appropriate,
and the OCO/GWOT amounts should be separately identified in the
integrated plan.
The conferees direct the Secretary of State to notify the
Committees on Appropriations in writing, within 5 days of
exercising authority allowing funds made available under this
heading to be spent ``notwithstanding any other provision of
law'', and such notification shall include a justification of
such activities.
The conference agreement does not include assistance for
the Countering Violent Extremism program as included in the
budget request, but includes funding for these programs within
the ESF account.
The conferees recognize the importance of mine removal,
mine victim assistance, and the proper storage and disposition
of small arms/light weapons, and support the Department of
State's efforts to expand this work.
The conference agreement prioritizes the clearance of
unexploded ordnance (UXO) in areas where such ordnance was
caused by the United States. The conferees endorse Senate
report language directing that $9,000,000 be made available for
UXO clearance in Laos, and intend that funds also be
prioritized for UXO clearance in locations in the Oceania
region that have high concentrations of United States UXO
dating to World War II.
Section 7078 of this Act requires a spend plan for this
account not later than 30 days after enactment of this Act. The
conferees request that the spend plan integrate the funds
appropriated under this heading in title VIII of this Act for
OCO/GWOT, and the OCO/GWOT amounts should be separately
identified in the integrated plan.
Funds in this account are allocated according to the
following table, and are subject to the provisions of section
7019 of this Act:
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Programs authority
------------------------------------------------------------------------
Nonproliferation Programs:
Nonproliferation and Disarmament Fund................. 30,000
Export Control and Related Border Security Assistance. 60,909
Global Threat Reduction............................... 68,978
IAEA Voluntary Contribution........................... 85,900
CTBT International Monitoring System.................. 33,000
Weapons of Mass Destruction Terrorism................. 6,042
UN Security Council Resolution 1540 Trust Fund........ 1,500
CTBTO Preparatory Commission-Special Contributions.... 7,500
---------------
Subtotal--Nonproliferation Programs............. 293,829
Anti-terrorism Programs\1\
Anti-terrorism Assistance............................. 79,284
Terrorist Interdiction Program........................ 42,000
CT Engagement With Allies............................. 8,000
Counterterrorism Financing............................ 17,000
Countering Violent Extremism.......................... 0
---------------
Subtotal--Anti-terrorism Programs................... 146,284
Regional Stability & Humanitarian Assistance
Conventional Weapons Destruction...................... 150,000
Humanitarian Demining Program (non-add)......... [95,000]
Small Arms/Light Weapons Destruction (non-add).. [55,000]
---------------
Subtotal--Regional Stability & Humanitarian 150,000
Assistance.....................................
---------------
Total, Nonproliferation, Anti-terrorism, Demining, and 590,113
Related Programs.......................................
------------------------------------------------------------------------
\1\ An additional $120,657,000 is included in title VIII under this
heading designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.
PEACEKEEPING OPERATIONS
The conference agreement provides $302,818,000 for
Peacekeeping Operations, and an additional $81,000,000 in title
VIII under this heading is designated for OCO/GWOT pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985.
Section 7078 of this Act requires submission of a spend
plan for certain countries and programs not later than 30 days
after enactment of the Act. The conferees request that these
spend plans integrate the funds appropriated under this heading
and in title VIII of this Act for OCO/GWOT where appropriate,
and the OCO/GWOT amounts should be separately identified in the
integrated plan.
The conferees direct the Secretary of State to submit a
report to the Committees on Appropriations, prior to the
obligation of funds provided under this heading, for the Africa
Maritime Security Initiative (AMSI), including a description of
how the AMSI will address piracy, terrorist activity, and
trafficking in drugs, arms, and persons along the African
coast, as well as a description of coordination efforts with
the Department of Defense.
The conference agreement provides $28,000,000 for the
Multinational Force and Observers (MFO) including $2,000,000 to
address force protection enhancements. The conferees expect the
MFO to account for and apply funds in a manner such that the
principle of equality of contributions to the basic operating
budget between the United States, Egypt, and Israel shall be
maintained.
Section 7078 of this Act requires a spend plan for this
account not later than 30 days after enactment of this Act. The
conferees request that the spend plan integrate the funds
appropriated under this heading in title VIII of this Act for
OCO/GWOT, and the OCO/GWOT amounts should be separately
identified in the integrated plan.
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
The conference agreement provides $105,788,000 for
International Military Education and Training (IMET).
The conferees recommend parity in the allocation of funds
for Armenia and Azerbaijan.
The conferees support the budget request for Indonesia
and the Philippines.
The conferees direct the Secretary of State to consult
with the Committees on Appropriations prior to the obligation
of funds provided under this heading for assistance for Libya.
FOREIGN MILITARY FINANCING PROGRAM
The conference agreement provides $5,210,000,000 for
Foreign Military Financing Program (FMF), and an additional
$1,102,000,000 in title VIII under this heading is designated
for OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
Section 7078 of this Act requires submission of a spend
plan for certain countries and programs not later than 30 days
after enactment of the Act. The conferees request that these
spend plans integrate the funds appropriated under this heading
and in title VIII of this Act for OCO/GWOT where appropriate,
and the OCO/GWOT amounts should be separately identified in the
integrated plan.
The conference agreement provides the budget request for
Israel, Egypt, Jordan, and Tunisia.
The conferees note the recent progress of PRC military
modernization, and the increasing frequency of aggressive
assertions in territorial disputes, including on the seas and
in cyberspace. In response, regional neighbors, including
India, Japan, and Singapore, are reviewing defense postures and
updating their military hardware. The conferees encourage the
Administration to continue to engage the People's Liberation
Army in these matters, as well as allies in the region on the
political, economic, and military implications of the strategic
rise of the PRC, including through military assistance and
sales programs.
The conferees recommend parity in the allocation of funds
for Armenia and Azerbaijan.
The conferees note the existence of multiple laws that
prohibit assistance to Foreign Terrorist Organizations (FTOs).
Because of particular concerns with United States military
assistance in Lebanon and Yemen, the conferees include language
in section 7041 reaffirming that such assistance may not be
provided to the armed forces of either country if such force is
controlled by an FTO.
The conferees support programs for the Guatemalan Coast
Guard, Navy, and Army Corps of Engineers that enhance regional
naval cooperation and maritime security and that increase
disaster response and peacekeeping capabilities.
The conference agreement continues restrictions in
current law on assistance for the Guatemalan Army. The
conferees will consider a request for funding for such
activities in fiscal year 2013 if the army has a narrowly
defined mission focused on border security and external
threats, is implementing a reform strategy that has broad
support within Guatemalan society, is respecting human rights,
is cooperating with civilian investigations and prosecutions of
cases involving current and retired officers and with the
CICIG, and is publicly disclosing all military archives
pertaining to the internal armed conflict.
The conferees support the budget request for Mexico.
The conferees direct the Secretary of State to submit a
report to the Committees on Appropriations, not later than 90
days after enactment of this Act, in classified form if
necessary, on the use of assistance provided by the United
States for the Lebanese Armed Forces, including the training,
curriculum, and equipment provided, and an assessment of the
performance of such forces and of factors that limit the
operational capabilities of such forces. The conferees note
that section 7041 limits the purposes for which funds may be
made available, and the conferees further direct that United
States security assistance not affect Israel's qualitative
military edge in the region.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
The conference agreement provides $348,705,000 for
International Organizations and Programs.
The conferees direct the Secretary of State to submit a
report to the Committees on Appropriations, not later than 45
days after enactment of this Act, describing the amount of
funds since 2008 that the United Nations Environment Program
has allocated for anti-malaria research and the programs
funded.
Funds in this account are allocated, unless otherwise
noted, according to the following table, and are subject to the
provisions of section 7019 of this Act:
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Programs authority
------------------------------------------------------------------------
Center for Human Settlements............................... 1,900
International Civil Aviation Organization.................. 950
International Conservation Programs........................ 7,900
International Contributions for Scientific, Educational, 0
and Cultural Activities...................................
International Development Law Organization................. 600
IMO Maritime Security Programs............................. 400
Intergovernmental Panel on Climate Change/U.N. Framework on 10,000
Climate Change............................................
Montreal Protocol Multilateral Fund........................ 27,000
OAS Development Assistance Programs........................ 3,500
OAS Fund for Strengthening Democracy....................... 4,500
Inter-American Commission on Human Rights (non-add).... [2,000]
U.N. Capital Development Fund.............................. 955
U.N. Children's Fund....................................... 131,755
U.N. Democracy Fund........................................ 4,755
U.N. Development Program................................... 82,000
U.N. Environment Program................................... 7,700
U.N. High Commissioner for Human Rights.................... 5,000
Multilateral Action Initiatives............................ 0
U.N. Office for the Coordination of Humanitarian Affairs... 3,000
U.N. Population Fund....................................... 35,000
U.N. Voluntary Fund for Technical Cooperation in the Field 1,400
of Human Rights...........................................
U.N. Voluntary Fund for Victims of Torture................. 6,000
U.N. Women................................................. 7,500
World Meteorological Organization.......................... 2,090
World Trade Organization Technical Assistance.............. 1,150
International Chemicals and Toxics Programs................ 3,650
------------
Total, International Organizations and Programs.... 348,705
------------------------------------------------------------------------
INTERNATIONAL FINANCIAL INSTITUTIONS
The conferees direct the Secretary of the Treasury to
report to the Committees on Appropriations, not later than 45
days after enactment of this Act, on the status of the
implementation of the International Monetary Fund's (IMF) New
Income Model; the degree to which staff reductions have
occurred as planned; a comparison of the number of staff over
the previous three years; the average and median salary for
senior officers of the IMF; and an overview of IMF internal
resources over the previous three years. Additionally, the
report shall include a cost estimate of the planned renovation
of Headquarters Building 1 and the source of funds to pay for
this renovation.
The conference agreement includes a provision, section
7082, directing the Secretary of the Treasury to report to the
Committees on Appropriations, prior to disbursing any funds for
United States contributions to the general capital increases,
that the multilateral banks are making substantial progress
toward implementing reforms, including those agreed to as part
of the general capital increase agreements.
The conferees direct the Secretary of the Treasury to
submit to the Committees on Appropriations, not later than 90
days after enactment of this Act, a report that estimates the
impact on poverty alleviation and economic growth in
communities along the border between the United States and
Mexico if the North American Development Bank's mandate were
expanded to include financing of infrastructure projects in the
border region that promote growth in trade between the United
States and Mexico, sustainable economic and social development,
and job creation in the region between the United States and
Mexico, sustainable economic and social development, and job
creation in the region.
GLOBAL ENVIRONMENT FACILITY
The conference agreement provides $89,820,000 for the
Global Environment Facility (GEF).
The conferees direct the Secretary of the Treasury to
submit a report to the Committees on Appropriations, not later
than 45 days after enactment of this Act, describing the amount
of funds since 2008 that the GEF has allocated for anti-malaria
research and the programs funded.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
The conference agreement provides $1,325,000,000 for
Contribution to the International Development Association.
The conference agreement provides $167,000,000 for the
United States' share of the Multilateral Debt Relief Initiative
commitment, including $91,000,000 for the remainder of the IDA-
15 share and $76,000,000 for the IDA-16 share.
CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND
DEVELOPMENT
The conference agreement provides $117,364,344 for
Contribution to the International Bank for Reconstruction and
Development.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The conference agreement provides $2,928,990,899 for
Limitation on Callable Capital Subscriptions.
CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND
The conference agreement provides $184,630,000 for
Contribution to the Clean Technology Fund.
CONTRIBUTION TO THE STRATEGIC CLIMATE FUND
The conference agreement provides $49,900,000 for
Contribution to the Strategic Climate Fund.
GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM
The conference agreement provides $135,000,000 for Global
Agriculture and Food Security Program.
CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK
The conference agreement provides $75,000,000 for
Contribution to the Inter-American Development Bank.
The conference agreement provides $4,670,000 for payment
to the Inter-American Investment Corporation.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The conference agreement provides $4,098,794,833 for
Limitation on Callable Capital Subscriptions.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT
FUND
The conference agreement provides $25,000,000 for
Contribution to the Enterprise for the Americas Multilateral
Investment Fund.
CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK
The conference agreement provides $106,586,000 for
Contribution to the Asian Development Bank.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The conference agreement provides $2,558,048,769 for
Limitation on Callable Capital Subscriptions.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
The conference agreement provides $100,000,000 for
Contribution to the Asian Development Fund.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
The conference agreement provides $32,417,720 for
Contribution to the African Development Bank.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The conference agreement provides $507,860,808 for
Limitation on Callable Capital Subscriptions.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
The conference agreement provides $172,500,000 for
Contribution to the African Development Fund.
The conference agreement provides $7,500,000 for the
Multilateral Debt Relief Initiative.
EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT LIMITATION ON CALLABLE
CAPITAL SUBSCRIPTIONS
The conference agreement provides $1,252,331,952 for
Limitation on Callable Capital Subscriptions.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
The conference agreement provides $30,000,000 for
Contribution to the International Fund for Agricultural
Development.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
INSPECTOR GENERAL
The conference agreement provides $4,000,000 for the
Inspector General for the Export-Import Bank (the Bank).
The conferees are concerned with the absence of regular
inspections of Overseas Private Investment Corporation (OPIC)
operations and the oversight of an Inspector General, and
direct the President of OPIC to consult with the Committees on
Appropriations and other appropriate congressional committees
on the options for increasing oversight of OPIC programs,
including under the authorities of the Export-Import Bank
Inspector General.
SUBSIDY APPROPRIATION
The conference agreement provides $58,000,000 for Subsidy
Appropriation for the Export-Import Bank.
ADMINISTRATIVE EXPENSES
The conference agreement provides $89,900,000 for
Administrative Expenses for the Export-Import Bank.
The conference agreement includes $6,000,000 to support
the Bank's efforts to establish regional offices focusing on
small businesses and to significantly increase the number of
small business transactions.
The conferees direct that the use of the aggregate loan,
guarantee, and insurance authorities available to the Bank in
fiscal year 2012 should not result in greenhouse gas emissions
from the extraction or production of fossil fuels or the use of
fossil fuels in electricity generation that exceed the average
of the total emissions in the preceding three fiscal years
resulting from the use of these authorities unless, not less
than 15 days prior to each such use of such authorities in
fiscal year 2012, the Bank provides a written report to the
Committees on Appropriations that such use would result in
emissions exceeding this amount and indicating the amount of
the increase, and posts such report on the Bank's Web site.
The conference agreement directs that not less than 10
percent of the Bank's authority for aggregate loan, guarantee,
and insurance should be used for renewable energy and end-use
energy efficiency technologies. The conferees direct the Bank
to provide a report to the Committees on Appropriations, not
later than 90 days after enactment of this Act, that includes:
all financing for renewable energy and end-use energy
efficiency technologies, or other environmentally beneficial
exports carried out in fiscal year 2011; efforts made by the
Bank to promote and support such exports; information on which
regions and sectors exhibit the greatest potential for such
exports; how the Bank defines and tracks such activities; data
on the Bank's progress toward meeting the 10 percent directive
and the Bank's planned efforts to overcome any shortfall; the
Bank's data, current policies, and efforts to mitigate
greenhouse gas emissions resulting from projects it finances;
and, as applicable, the implementation status of
recommendations made by the GAO concerning the promotion of
renewable energy and end-use energy efficiency technologies, as
well as other environmentally beneficial exports.
Overseas Private Investment Corporation
NONCREDIT ACCOUNT
The conference agreement provides $54,990,000 for
Noncredit Account of OPIC.
PROGRAM ACCOUNT
The conference agreement provides $25,000,000 for Program
Account of OPIC.
The conferees endorse prior year reporting requirements
relating to a semi-annual report on OPIC investment funds, and
prior consultation on local currency guarantees and financing
for nongovernmental organizations and private and voluntary
organizations, as stated in House Report 111-187 accompanying
H.R. 3081.
The conferees direct the President of OPIC to include in
its fiscal year 2013 congressional budget justification a
confidential annex that describes new loans, guarantees, and
insurance approved in fiscal year 2011 by category, recipient,
country, level of OPIC resources provided, and source year of
financing used. The conferees also direct OPIC to provide
additional detail, including an annual summary of positive and
negative subsidy by product line.
The conferees are concerned with the absence of regular
inspections of OPIC operations and the oversight of an
Inspector General, and direct the President of OPIC to consult
with the Committees on Appropriations and other appropriate
congressional committees on the options for increasing
oversight of OPIC programs, including under the authorities of
the Export-Import Bank Inspector General.
TRADE AND DEVELOPMENT AGENCY
The conference agreement provides $50,000,000 for Trade
and Development Agency.
TITLE VII
GENERAL PROVISIONS
The following general provisions are continued in this
Act substantively unchanged from the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2010 (division F of Public Law 111-117):
Sec. 7001. Allowances and Differentials
Sec. 7003. Consulting Services
Sec. 7005. Personnel Actions
Sec. 7007. Prohibition Against Direct Funding for Certain Countries
Sec. 7010. Reporting Requirement
Sec. 7012. Limitation on Assistance to Countries in Default
Sec. 7014. Reservations of Funds
Sec. 7016. Notification of Excess Defense Equipment
Sec. 7017. Limitation on Availability of Funds for International
Organizations and Programs
Sec. 7018. Prohibition on Funding for Abortions and Involuntary
Sterilization
Sec. 7020. Prohibition of Payment of Certain Expenses
Sec. 7022. Authorization Requirements
Sec. 7023. Definition of Program, Project, and Activity
Sec. 7026. Separate Accounts
Sec. 7027. Eligibility for Assistance
Sec. 7028. Impact on Jobs in the United States
Sec. 7030. Debt-for-Development
Sec. 7032. Authority to Engage in Debt Buybacks or Sales
Sec. 7035. Arab League Boycott of Israel
Sec. 7036. Palestinian Statehood
Sec. 7037. Restrictions Concerning the Palestinian Authority
Sec. 7038. Prohibition on Assistance to the Palestinian Broadcasting
Corporation
Sec. 7039. Assistance for the West Bank and Gaza
Sec. 7047. Prohibition of Payments to United Nations Members
Sec. 7048. War Crimes Tribunals Drawdown
Sec. 7050. Community-Based Police Assistance
Sec. 7053. Parking Fines and Real Property Taxes Owed by Foreign
Governments (incorporates prior year conditions by reference)
Sec. 7054. Landmines and Cluster Munitions
Sec. 7055. Prohibition on Publicity or Propaganda
Sec. 7056. Limitation on Residence Expenses
Sec. 7059. Prohibition on Promotion of Tobacco
Sec. 7064. Requests for Documents
Sec. 7068. Extradition
Sec. 7069. Commercial Leasing of Defense Articles
Sec. 7072. Repression in the Russian Federation
Sec. 7073. Prohibition on First-Class Travel
The following general provisions are either new, or are
substantively modified, from those included in division F of
Public Law 111-117:
Sec. 7002. Unobligated Balances Report (Modified)
Section 7002 of the conference agreement requires any
department or agency funded by this Act to provide a quarterly
report on unobligated and unexpended balances to the Committees
on Appropriations. The conferees expect the report to specify,
where feasible, funds obligated pursuant to bilateral
agreements which have not been further sub-obligated. The
conferees note that current reports from USAID designate
expired and unexpired funds by account and fiscal year, and
expect the Department of State to continue to work on modifying
their financial systems to enable them to submit a report in a
similar format. The conferees also direct the Department of
State and USAID to provide periodic briefings on the
information in this report, including on the status of sub-
obligations related to bilateral agreements.
Sec. 7004. Embassy Construction (Modified)
The conference agreement includes authorization within
section 7004 for the Maintenance Cost Sharing initiative to
utilize funding from the Capital Security Cost Sharing (CSCS)
program for the maintenance, repair, and rehabilitation of new
facilities with an inter-agency presence.
Sec. 7006. Local Guard Contracts (Modified)
Sec. 7008. Coups d'Etat (Modified)
The conferees intend that the modifications to this
provision shall apply to prospective coups d'etat and shall not
apply to retrospective assessments.
Sec. 7009. Transfer Authority (Modified)
Sec. 7011. Availability of Funds (Modified)
Sec. 7013. Prohibition on Taxation of United States Assistance
(Modified)
Sec. 7015. Notification Requirements (Modified)
Sec. 7019. Allocations (Modified)
Sec. 7021. Prohibition on Assistance to Governments Supporting
International Terrorism (Modified)
Section 7021 of the conference agreement combines
sections 7021 and 7022 in division F of Public Law 111-117
relating to prohibitions on the export of lethal military
equipment and on providing bilateral assistance to countries
supporting international terrorism. Additionally, section 7021
prohibits bilateral assistance to any foreign government
controlled by a designated terrorist organization.
Sec. 7024. Authorities for the Peace Corps, Inter-American Foundation
and African Development Foundation (Modified)
Sec. 7025. Commerce, Trade and Surplus Commodities
The conference agreement includes language expanding
exceptions to the application of subsection (b). When relying
on this expanded exception, the USAID Administrator should, in
order to maximize program effectiveness, consult with relevant
agriculture industry representatives regarding the same,
similar, or substitute commodities and products.
Sec. 7029. International Financial Institutions (Modified)
Sec. 7031. Financial Management and Budget Transparency (Modified)
For the purposes of this section the term ``direct
government-to-government assistance'' shall include cash
transfers, nonproject sector assistance, and other forms of
assistance where funds appropriated by this Act are provided
directly to the recipient government.
Section 7031(c) includes language related to anti-
kleptocracy. The conferees note that this provision revises
current law (section 7084 of division F of Public Law 111-117)
and includes a national interest waiver. The conferees note
that ineligibility for entry into the United States under this
provision is not dependent on a decision or other action by any
Federal agency other than the Department of State.
Sec. 7033. Multi-Year Commitments (New)
The conferees understand that the Secretary of the
Treasury does not intend to increase the quota resources of the
IMF in fiscal year 2012. If the Secretary does intend to commit
the United States to additional contributions to the IMF, the
conference agreement includes a provision that would, at a
minimum, require consultation with the Committees on
Appropriations not less than 7 days before such pledge is made.
Sec. 7034. Special Provisions (Modified)
Section 7034(h)(5) states that 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.
Section 7034(k) redesignates section 620J of the Foreign
Assistance Act of 1961 to section 620M, and modifies it by
substituting ``credible information'' for ``credible evidence''
in order to clarify that the information need not be admissible
in a court of law to be credible and to conform to similar
wording in a comparable provision in the Defense Appropriations
Act, and by adding guidelines for: tracking United States
assistance to foreign security forces; the collection, receipt,
evaluation, and preservation of information about gross
violations of human rights; vetting both individuals and units;
and, to the maximum extent practicable, publicly identifying
units for which no assistance shall be furnished pursuant to
section 620M.
Sec. 7040. Limitation on Assistance for the Palestinian Authority
(Modified subsection (f))
Sec. 7041. Near East (Modified)
Section 7041(a)(1) of this Act provides limitations on
assistance for Egypt, and includes authorities for an Egypt
debt initiative.
Section 7041(a)(3) provides authority and conditions for
an Egypt initiative. The conferees make available up to
$500,000,000 of the funds appropriated under the Economic
Support Fund heading in this Act and prior acts for such
purposes. However, the conferees note that all funds are
subject to the regular notification procedures of the
Committees on Appropriations and expect that funds will be
provided in tranches, at the minimum rate necessary, and in a
manner consistent with the advancement of United States-
Egyptian strategic interests. The conferees note that this
initiative demonstrates United States support for Egypt's
democratic transition and economic development, and should
serve as an incentive to the Government of Egypt (GOE) to
pursue policies of mutual interest. The conferees intend that
prior to the use of the authority under this initiative the
transition to a civilian government will have substantially
progressed, and the GOE will implement economic development
policies consistent with the objectives of such initiative.
The conferees direct that the notification submitted to
the Committees on Appropriations include a detailed description
and estimate of the economic benefits of projects anticipated
to be undertaken, the role of the GOE in implementing projects,
an explanation of how such projects contribute to economic and
democratic reforms in Egypt, and the means by which the uses of
funds and results achieved will be monitored and measured. The
conferees intend that the notification may be submitted to
other congressional committees, as appropriate.
The conferees direct the Secretary of State to use prior
appropriated funds to the maximum extent practicable with
respect to supporting projects and initiatives in Egypt, and to
structure the timing and amounts of disbursements of funds for
activities regarding the Egypt debt initiative. The Secretary
of State shall consult with the Committees on Appropriations
and other congressional committees, as appropriate, on the
planned uses of the funds prior to obligating funds under such
structured disbursement. The conferees expect the Secretary of
State to spend down prior appropriated funds in an efficient
manner, and to keep the Committees on Appropriations informed
on a regular basis on the balances of such funds.
Section 7041(b) of this Act includes language authorizing
the establishment of enterprise funds in Egypt, Tunisia, and
Jordan. The conferees intend that at the termination of the
respective funds, 50 percent of the proceeds realized by each
fund from the liquidation of its assets should be returned to
the United States Treasury. The conferees request that the
Comptroller General of the United States conduct a review, one
year after the establishment of any enterprise fund, to examine
the management and oversight of the funds and to determine if
appropriate and sufficient safeguards exist against financial
misconduct.
The conference agreement includes language regarding
democracy promotion in Libya and Syria, and restricts
infrastructure assistance for Libya.
Sec. 7042. Serbia (Modified)
Sec. 7043. Africa (Modified)
The conferees direct the Secretary of State to provide to
the Committees on Appropriations the report detailed in section
7061(b)(3) of S. 1601 (112th Congress).
The conferees direct the Secretary of State to ensure
that no United States training, equipment, or other assistance
is provided to any Kenyan military personnel or units who have
been credibly alleged to have violated human rights at Mount
Elgon in March 2008, and to report to the Committees on
Appropriations within 90 days of enactment of this Act on steps
taken by the Government of Kenya to conduct a thorough,
credible investigation of such violations.
The conferees endorse language in the Senate report
regarding the disappearance of journalist Ebrimah Manneh in The
Gambia.
Sec. 7044. Asia (Modified)
Sec. 7045. Western Hemisphere (Modified)
The conferees direct that 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 written report to, the Committees on
Appropriations that--
(1) The Colombian Armed Forces are suspending those
members, of whatever rank, who have been credibly alleged to
have violated human rights, or to have aided, abetted or
benefitted from paramilitary organizations or other illegal
armed groups; all such cases are promptly referred to civilian
jurisdiction for investigation and prosecution, and the
Colombian Armed Forces are not opposing civilian jurisdiction
in such cases; and the Colombian Armed Forces are cooperating
fully with civilian prosecutors and judicial authorities.
(2) The Government of Colombia has taken all necessary
steps to sever links with paramilitary organizations or other
illegal armed groups.
(3) The Government of Colombia is dismantling
paramilitary networks, including by arresting and prosecuting
under civilian criminal law individuals who have provided
financial, planning, or logistical support, or have otherwise
aided, abetted or benefitted from paramilitary organizations or
other illegal armed groups, and by returning land and other
assets illegally acquired by such organizations or their
associates to their rightful occupants or owners.
(4) The Government of Colombia is respecting the rights
of human rights defenders, journalists, trade unionists, and
other social activists, and the rights and territory of
indigenous and Afro-Colombian communities; and the Colombian
Armed Forces are implementing procedures to distinguish between
civilians, including displaced persons, and combatants, in
their operations.
The conferees also direct 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
any United States funding, assistance or other support for the
Departamento Administrativo de Seguridad, its officials,
employees, affiliates and contractors during the period 2002
through 2010, including but not limited to training, equipment,
information sharing, technical assistance, and facilities
construction. To the maximum extent possible the report shall
be provided in unclassified form, but may also include a
classified annex.
Sec. 7046. South Asia (Modified)
The conferees direct the Secretary of State to submit a
report to the Committees on Appropriations not later than 45
days after enactment of this Act, detailing what steps have
been taken by the Government of Sri Lanka and international
bodies to thoroughly and credibly investigate war crimes and
violations of international humanitarian law during the
internal armed conflict, and evaluating the adequacy of steps
taken by the Government of Sri Lanka to hold perpetrators
accountable. The report should also indicate whether suspected
combatants detained during the conflict remain in custody and
whether humanitarian organizations have access to such
detainees.
The conferees direct that funds available for Afghanistan
under the ESF and INCLE headings for training of foreign
police, judicial, and military personnel should address gender-
based violence, where appropriate.
The conferees direct that, not later than 180 days after
enactment of this Act, the Secretary of State, in consultation
with the USAID Administrator, submit a report to the Committees
on Appropriations detailing actions taken by the Government of
Afghanistan to expand rail transport in Afghanistan since 2009;
providing an assessment of any national rail transport
strategy, including the costs associated with implementation of
such strategy; providing an analysis of the economic benefits
of expanding and improving rail connections with neighboring
countries, including in areas with significant resources; and
making recommendations for the standardization of rail gauge in
Afghanistan that is compatible with Central Asian countries,
including Uzbekistan.
Sec. 7049. United Nations (New)
Section 7049(a) requires that 15 percent of United States
contributions to United Nations agencies and the Organization
of American States shall be withheld from obligation if the
Secretary of State determines and reports that such agency or
organization is not taking steps to meet certain conditions.
The Secretary may waive this requirement if to do so is in the
national interest. The conferees intend this restriction to
apply only to such entities that receive annual United States
contributions exceeding $20,000,000. The conferees further
intend that for the purposes of this section, ``necessary
access'' means access necessary for United States Government
officials to obtain the results of financial and performance
audits in a timely manner.
Sec. 7051. Attendance at International Conferences (Modified)
Sec. 7052. Aircraft Transfer and Coordination (Modified)
Sec. 7057. United States Agency for International Development
Management (Modified)
The conferees intend that funds appropriated under the
heading Operating Expenses in title II of this Act are made
available to develop and implement training for staff in
overseas USAID missions to promote the full inclusion and equal
participation of people with disabilities.
Sec. 7058. Global Health Activities (Modified)
Sec. 7060. Programs to Promote Gender Equality (Modified)
Sec. 7061. Gender-Based Violence
For the purposes of this Act, the conferees direct that
gender-based violence should include any form of violence or
abuse that targets women or men on the basis of their gender
and results in physical, sexual or psychological harm.
The conferees direct the Secretary of State and the USAID
Administrator to submit to the Committees on Appropriations,
not later than 180 days after the enactment of this Act, a
multi-year strategy to prevent and respond to violence against
women and girls in countries where it is common. The strategy
should include achievable and sustainable goals, benchmarks for
measuring progress, and expected results. The formulation of
the strategy should include regular engagement with men and
boys as community leaders and advocates in ending such
violence.
Sec. 7062. Sector Allocations (New)
This section consolidates directives, related reporting
requirements and limitations for program funding in sectors
including education, environment, and food security and
agriculture development. The conferees expect these funds to be
awarded competitively and in accordance with all applicable
rules and regulations. With respect to funding requirements in
this section and other minimum funding requirements contained
in the conference agreement, the conferees note that funds
appropriated in title VIII of this Act under the same headings
may be used to meet such requirements.
Sec. 7063. Central Asia (Modified)
Sec. 7065. Overseas Private Investment Corporation (Modified)
Sec. 7066. International Prison Conditions (Modified)
Sec. 7067. Prohibition on Use of Torture (Modified)
Sec. 7070. Independent States of the Former Soviet Union (Modified)
Sec. 7071. International Monetary Fund (Modified)
Sec. 7074. Disability Programs (Modified)
Sec. 7075. Enterprise Funds (Modified)
Sec. 7076. Consular Affairs (New)
Sec. 7077. Procurement Reform (New)
Section 7077 provides authority to the USAID
Administrator to award contracts and other acquisition
instruments to local entities if the procurement meets the
criteria described in this provision.
Sec. 7078. Operating and Spend Plans (New)
Sec. 7079. Rescissions (New)
Sec. 7080. Special Defense Acquisition Fund (New)
Sec. 7081. Authority for Capital Increases (New)
Sec. 7082. Reforms Related to General Capital Increases (New)
Sec. 7083. Authority for Replenishments (New)
Sec. 7084. Authority for the Fund for Special Operations (New)
Sec. 7085. United Nations Population Fund (Modified)
The conference agreement continues prior year conditions
on funding for the United Nations Population Fund and modifies
the funding level.
Sec. 7086. Limitations (New)
Sec. 7087. Use of Funds in Contravention of this Act (Modified)
The conferees continue the requirement that the Executive
Branch notify the Committees on Appropriations 5 days in
advance of any action or other decision that would otherwise
have been prohibited or required by this Act but for a
determination that a provision in this Act is unconstitutional.
The following general provisions included in division F
of Public Law 111-117 have been modified and merged with other
provisions in this Act: Sections 7022, 7043, 7046, 7050, 7052,
7054, 7064, 7065, 7076, 7081, 7084, 7086, and 7089.
The conference agreement does not include section 7066
included in division F of Public Law 111-117 regarding a
comprehensive expenditures report. Instead, the conferees
direct the Secretary of State, in consultation with relevant
agency heads, to report to the Committees on Appropriations,
not later than 180 days after enactment of this Act, on options
for standardizing assistance information, by program, country,
and fiscal year. The conferees intend to direct the submission
of this report in future fiscal years, and to require its
posting on the Foreign Assistance Dashboard.
The conference agreement does not continue the following
general provisions included in division F of Public Law 111-
117: Sections 7033, 7041, 7068, 7088, and 7091.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
Funds appropriated as OCO/GWOT under this title address
the ``extraordinary and temporary'' costs of contingency
operations in Afghanistan, Pakistan and Iraq, as well as other
counterterrorism and counterinsurgency programs and response to
conflict-related and other crises. As noted in the
congressional budget justification for fiscal year 2012, OCO
funds are expected to be phased out over time.
Department of State
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
The conference agreement provides $4,389,064,000 for
Diplomatic and Consular Programs, of which $236,201,000 is for
Worldwide Security Protection. The amount provided is for the
extraordinary costs of operations in Afghanistan, Pakistan, and
Iraq and is designated for OCO/GWOT pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985.
The conferees intend that funds made available for
operations in Afghanistan will be used to train and deploy
additional direct-hire personnel to improve monitoring and
control of United States assistance.
The conferees direct the Secretary of State to cooperate
with the Office of Inspector General for the Department of
State and SIGIR, including requests from the SIGIR for
information and documentation involving operations in support
of foreign assistance programs.
The conferees direct that the spend plan required by
section 7078 of this Act include a detailed description of the
designated amounts by category, break-out costs of operations
by location and provide staffing levels for each location and
provincial area, where applicable. In addition, with respect to
funds transferred to other agencies in support of Afghanistan
operations, the spend plan should include projected transfer
amounts and number of staff supported by each agency.
CONFLICT STABILIZATION OPERATIONS
The conference agreement provides $8,500,000 for CSO for
deployment costs, including to Afghanistan, Pakistan, and Iraq.
The amount provided is designated for OCO/GWOT pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985. In
addition, the agreement includes authority for the Secretary of
State to transfer up to $35,000,000 of the funds appropriated
under the heading Diplomatic and Consular Programs in title I
for the support of CSO operations and activities.
The conferees direct that the Secretary of State notify
the Committees on Appropriations within fifteen days of a new
deployment of the Civilian Response Corps (CRC), to include the
destination, size, composition, and expected duration and cost
of the deployment.
The conferees expect the spend plan required by section
7078 of this Act to include details on projected staffing of
the CRC, a list of deployments and planned deployments for the
fiscal year, and a summary of any strategic review of CSO
operations, including a timeline for implementation of
organizational, personnel, and program changes.
OFFICE OF INSPECTOR GENERAL
The conference agreement provides $67,182,000 for the
Office of Inspector General at the Department of State, of
which $3,250,000 is for support of the Middle East Regional
Office, $44,387,000 is for SIGAR, and $19,545,000 is to sustain
the current level of operations for SIGIR. The amount provided
is for the extraordinary costs of program oversight in
Afghanistan, Pakistan, and Iraq and is designated for OCO/GWOT
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985.
The conferees do not support the proposed drawdown of
SIGIR in fiscal year 2012 as proposed in the request. SIGIR
should continue to exercise oversight over the assistance
programs in Iraq, including the support costs associated with
programs funded under the International Narcotics Control and
Law Enforcement heading.
Section 7078 of this Act requires the relevant
department, agency, or organization to submit to the Committees
on Appropriations a spend plan for funds appropriated in titles
I and II of this Act. The conferees expect both SIGAR and SIGIR
to submit such plans not later than 30 days after enactment of
this Act.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The conference agreement provides $15,600,000 for
Educational and Cultural Exchange Programs. The amount provided
is for the extraordinary costs of exchange and public diplomacy
programs in Afghanistan and Pakistan, and is designated for
OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The conference agreement provides $33,000,000 for Embassy
Security, Construction, and Maintenance. The amount provided is
for the extraordinary costs of leased facilities in Iraq and is
designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The conference agreement provides $101,300,000 for
Contributions to International Organizations. The amount
provided is for the extraordinary costs of United Nations
missions in Afghanistan and Iraq and is designated for OCO/GWOT
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
The conference agreement provides $4,400,000 for
International Broadcasting Operations for the extraordinary
costs of United States international broadcasting to Iraq,
Afghanistan, Pakistan, and the Middle East and is designated
for OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
RELATED PROGRAMS
United States Institute of Peace
The conference agreement provides $8,411,000 for USIP.
The amount provided is for the extraordinary costs of USIP
programs in Afghanistan, Pakistan, and Iraq and is designated
for OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
OPERATING EXPENSES
The conference agreement provides $255,000,000 for
Operating Expenses. The amount provided is for the
extraordinary costs of operations in Afghanistan, Pakistan, and
Iraq and is designated for OCO/GWOT pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985.
OFFICE OF INSPECTOR GENERAL
The conference agreement provides $4,500,000 for the
Office of Inspector General. The amount provided is for the
extraordinary costs of oversight activities of programs and
operations in Afghanistan, Pakistan, and Iraq and is designated
for OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL DISASTER ASSISTANCE
The conference agreement provides $150,000,000 for
International Disaster Assistance. The amount provided is for
the extraordinary costs of the United States response to crises
resulting from conflict, including in Afghanistan, Pakistan,
Iraq, Yemen, and the Horn of Africa, and is designated for OCO/
GWOT pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985.
TRANSITION INITIATIVES
The conference agreement provides $6,554,000 for
Transition Initiatives. The amount provided is for the
extraordinary costs of contingency operations in conflict
countries, such as Afghanistan, Pakistan, Libya, and Yemen and
is designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.
COMPLEX CRISES FUND
The conference agreement provides $30,000,000 for the
Complex Crises Fund. The amount provided is for the
extraordinary costs of addressing security and stabilization
requirements in conflict countries, such as Pakistan, Somalia,
and Yemen, and countries emerging from conflict and is
designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.
ECONOMIC SUPPORT FUND
The conference agreement provides $2,761,462,000 for the
Economic Support Fund for the extraordinary costs of
contingency operations, including in Afghanistan, Pakistan,
Iraq, Yemen, Somalia, North Africa, and for African
counterterrorism partnerships. The full amount provided is
designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.
Department of State
MIGRATION AND REFUGEE ASSISTANCE
The conference agreement provides $229,000,000 for
Migration and Refugee Assistance. The amount provided is for
the extraordinary costs of United States response to crises
resulting from conflict, including in Afghanistan, Pakistan,
Iraq, Yemen, and the Horn of Africa, and is designated for OCO/
GWOT pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
The conference agreement provides $1,552,000 for
International Affairs Technical Assistance. The amount provided
is for the extraordinary costs of contingency operations,
including in Afghanistan, Pakistan, and Iraq, and is designated
for OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
The conference agreement provides $983,605,000 for
International Narcotics Control and Law Enforcement for the
extraordinary costs of contingency operations, including in
Afghanistan, Pakistan, Iraq, Yemen, Somalia, and for African
counterterrorism partnerships. The amount provided is
designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
The conference agreement provides $120,657,000 for
Nonproliferation, Anti-terrorism, Demining and Related Programs
for the extraordinary costs of anti-terrorism assistance,
including in Afghanistan, Pakistan, Iraq, Yemen, Kenya, and for
support of the Office of the Coordinator for Counterterrorism,
to include the Regional Strategic Initiative. The amount
provided is designated for OCO/GWOT pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985.
PEACEKEEPING OPERATIONS
The conference agreement provides $81,000,000 for
Peacekeeping Operations for the extraordinary costs of
contingency operations in Somalia and counterterrorism
activities in Africa. The amount provided is designated for
OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985.
Funds Appropriated to the President
FOREIGN MILITARY FINANCING PROGRAM
The conference agreement provides $1,102,000,000 for the
Foreign Military Financing Program for the extraordinary costs
of contingency operations, including in Iraq, Pakistan, the
Philippines, and Yemen. The amount provided is designated for
OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985.
The conferees expect that the spend plan required by
section 7078 of this Act will include a detailed description,
by program objective, of all activities supported with funds
made available under this heading.
PAKISTAN COUNTERINSURGENCY CAPABILITY FUND
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $850,000,000 for the
Pakistan Counterinsurgency Capability Fund. The amount provided
is designated for OCO/GWOT pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS
Sec. 8001
This provision clarifies that the amounts appropriated by
this title are in addition to amounts appropriated or otherwise
made available in this Act for fiscal year 2012.
Sec. 8002
This provision makes applicable to funds appropriated in
this title the authorities and conditions applicable to such
accounts elsewhere in the Act.
Sec. 8003
This provision confers authority to the Secretary of
State to transfer funds appropriated in this title for
assistance between accounts, subject to the regular
notification procedures of the Committees on Appropriations.
Sec. 8004
This provision provides for transfer of up to $50,000,000
to the Global Security Contingency Fund pending authorization
of the account.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Harold Rogers,
C.W. Bill Young,
Jerry Lewis,
Rodney P. Frelinghuysen,
Robert B. Aderholt,
Jo Ann Emerson,
Kay Granger,
Michael K. Simpson,
John Abney Culberson,
Ander Crenshaw,
Denny Rehberg,
John R. Carter,
Norman D. Dicks,
Peter J. Visclosky,
Nita M. Lowey,
Jose E. Serrano,
Rosa L. DeLauro,
James P. Moran,
David E. Price,
Sanford D. Bishop, Jr.
Managers on the part of the House.
Tim Johnson,
Daniel K. Inouye,
Mary L. Landrieu,
Patty Murray,
Jack Reed,
Ben Nelson,
Mark L. Pryor,
Patrick J. Leahy,
Kay Bailey Hutchison,
Lisa Murkowski,
Roy Blunt,
John Hoeven,
Thad Cochran.
Managers on the part of the Senate.