PUBLIC LAW 112–74—DEC. 23, 2011 

CONSOLIDATED APPROPRIATIONS ACT, 2012 


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125 STAT. 786 PUBLIC LAW 112–74—DEC. 23, 2011 

Public Law 112–74 

112th Congress 

An Act 

Making appropriations for military construction, the Department of Veterans Affairs, 

and related agencies for the fiscal year ending September 30, 2012, and for 

other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Consolidated Appropriations 

Act, 2012’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Statement of appropriations. 

Sec. 5. Availability of funds. 

DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012 

Title I—Military Personnel 

Title II—Operation and Maintenance 

Title III—Procurement 

Title IV—Research, Development, Test and Evaluation 

Title V—Revolving and Management Funds 

Title VI—Other Department of Defense Programs 

Title VII—Related agencies 

Title VIII—General provisions 

Title IX—Overseas contingency operations 

DIVISION B—ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 

2012 

Title I—Corps of Engineers—Civil 

Title II—Department of the Interior 

Title III—Department of Energy 

Title IV—Independent agencies 

Title V—General provisions 

DIVISION C—FINANCIAL SERVICES AND GENERAL GOVERNMENT 

APPROPRIATIONS ACT, 2012 

Title I—Department of the Treasury 

Title II—Executive Office of the President and Funds Appropriated to the President 

Title III—The Judiciary 

Title IV—District of Columbia 

Title V—Independent agencies 

Title VI—General provisions—This Act 

Title VII—General provisions—Government-wide 

Title VIII—General provisions—District of Columbia 

DIVISION D—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS 

ACT, 2012 

Title I—Departmental management and operations 

Consolidated 

Appropriations 

Act, 2012. 

Dec. 23, 2011 

[H.R. 2055] 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 787 

Title II—Security, enforcement, and investigations 

Title III—Protection, preparedness, response, and recovery 

Title IV—Research and development, training, and services 

Title V—General provisions 

DIVISION E—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2012 

Title I—Department of the Interior 

Title II—Environmental Protection Agency 

Title III—Related agencies 

Title IV—General provisions 

DIVISION F—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, 

AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012 

Title I—Department of Labor 

Title II—Department of Health and Human Services 

Title III—Department of Education 

Title IV—Related agencies 

Title V—General provisions 

DIVISION G—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2012 

Title I—Legislative branch 

Title II—General provisions 

DIVISION H—MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2012 

Title I—Department of Defense 

Title II—Department of Veterans Affairs 

Title III—Related agencies 

Title IV—Overseas contingency operations 

Title V—General provisions 

DIVISION I—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND 

RELATED PROGRAMS APPROPRIATIONS ACT, 2012 

Title I—Department of State and related agency 

Title II—United States Agency for International Development 

Title III—Bilateral economic assistance 

Title IV—International security assistance 

Title V—Multilateral assistance 

Title VI—Export and investment assistance 

Title VII—General provisions 

Title VIII—Overseas contingency operations 

SEC. 3. REFERENCES. 

Except as expressly provided otherwise, any reference to ‘‘this 

Act’’ contained in any division of this Act shall be treated as 

referring only to the provisions of that division. 

SEC. 4. STATEMENT OF APPROPRIATIONS. 

The following sums in this Act are appropriated, out of any 

money in the Treasury not otherwise appropriated, for the fiscal 

year ending September 30, 2012. 

SEC. 5. AVAILABILITY OF FUNDS. 

Each amount designated in this Act by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant 

to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded, if applicable) 

only if the President subsequently so designates all such amounts 

and transmits such designations to the Congress. 

1 USC 1 note. 


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125 STAT. 788 PUBLIC LAW 112–74—DEC. 23, 2011 

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. 

Department of 

Defense 

Appropriations 

Act, 2012. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 789 

RESERVE PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Army Reserve on active 

duty under sections 10211, 10302, and 3038 of title 10, United 

States Code, or while serving on active duty under section 12301(d) 

of title 10, United States Code, in connection with performing 

duty specified in section 12310(a) of title 10, United States Code, 

or while undergoing reserve training, or while performing drills 

or equivalent duty or other duty, and expenses authorized by section 

16131 of title 10, United States Code; and for payments to the 

Department of Defense Military Retirement Fund, $4,289,407,000. 

RESERVE PERSONNEL, NAVY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Navy Reserve on active 

duty under section 10211 of title 10, United States Code, or while 

serving on active duty under section 12301(d) of title 10, United 

States Code, in connection with performing duty specified in section 

12310(a) of title 10, United States Code, or while undergoing reserve 

training, or while performing drills or equivalent duty, and expenses 

authorized by section 16131 of title 10, United States Code; and 

for payments to the Department of Defense Military Retirement 

Fund, $1,935,544,000. 

RESERVE PERSONNEL, MARINE CORPS

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Marine Corps Reserve 

on active duty under section 10211 of title 10, United States Code, 

or while serving on active duty under section 12301(d) of title 

10, United States Code, in connection with performing duty specified 

in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent 

duty, and for members of the Marine Corps platoon leaders class, 

and expenses authorized by section 16131 of title 10, United States 

Code; and for payments to the Department of Defense Military 

Retirement Fund, $644,722,000. 

RESERVE PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Air Force Reserve on 

active duty under sections 10211, 10305, and 8038 of title 10, 

United States Code, or while serving on active duty under section 

12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States 

Code, or while undergoing reserve training, or while performing 

drills or equivalent duty or other duty, and expenses authorized 

by section 16131 of title 10, United States Code; and for payments 

to the Department of Defense Military Retirement Fund, 

$1,712,705,000. 

NATIONAL GUARD PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Army National Guard 


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125 STAT. 790 PUBLIC LAW 112–74—DEC. 23, 2011 

while on duty under section 10211, 10302, or 12402 of title 10 

or section 708 of title 32, United States Code, or while serving 

on duty under section 12301(d) of title 10 or section 502(f) of 

title 32, United States Code, in connection with performing duty 

specified in section 12310(a) of title 10, United States Code, or 

while undergoing training, or while performing drills or equivalent 

duty or other duty, and expenses authorized by section 16131 of 

title 10, United States Code; and for payments to the Department 

of Defense Military Retirement Fund, $7,585,645,000. 

NATIONAL GUARD PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Air National Guard on 

duty under section 10211, 10305, or 12402 of title 10 or section 

708 of title 32, United States Code, or while serving on duty 

under section 12301(d) of title 10 or section 502(f) of title 32, 

United States Code, in connection with performing duty specified 

in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or 

other duty, and expenses authorized by section 16131 of title 10, 

United States Code; and for payments to the Department of Defense 

Military Retirement Fund, $3,088,929,000. 

TITLE II 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of the Army, as authorized by law; 

and not to exceed $12,478,000 can be used for emergencies and 

extraordinary expenses, to be expended on the approval or authority 

of the Secretary of the Army, and payments may be made on 

his certificate of necessity for confidential military purposes, 

$31,072,902,000. 

OPERATION AND MAINTENANCE, NAVY

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of the Navy and the Marine Corps, 

as authorized by law; and not to exceed $14,804,000 can be used 

for emergencies and extraordinary expenses, to be expended on 

the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential 

military purposes, $38,120,821,000. 

OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of the Marine Corps, as authorized 

by law, $5,542,937,000. 

OPERATION AND MAINTENANCE, AIR FORCE

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of the Air Force, as authorized by law; 


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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 


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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. 


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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 

Determinations. 

Determinations. 

Determination. 


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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, 

Determinations. 

Determinations. 


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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 


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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 


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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; 


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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. 

Vessels. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 799 

AIRCRAFT PROCUREMENT, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)

For construction, procurement, and modification of aircraft and 

equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories 

therefor; specialized equipment; expansion of public and private 

plants, Government-owned equipment and installation thereof in 

such plants, erection of structures, and acquisition of land, for 

the foregoing purposes, and such lands and interests therein, may 

be acquired, and construction prosecuted thereon prior to approval 

of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $12,950,000,000, 

to remain available for obligation until September 30, 2014: Provided, That of the amount made available under this heading, $63,500,000 made available for C–130J aircraft shall be transferred 

to the Department of Homeland Security, Coast Guard, ‘‘Acquisition, 

Construction, and Improvements’’: Provided further, That the 

transfer authority provided under this heading is in addition to 

any other transfer authority provided elsewhere in this Act. 

MISSILE PROCUREMENT, AIR FORCE

For construction, procurement, and modification of missiles, 

spacecraft, rockets, and related equipment, including spare parts 

and accessories therefor, ground handling equipment, and training 

devices; expansion of public and private plants, Government-owned 

equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and 

such lands and interests therein, may be acquired, and construction 

prosecuted thereon prior to approval of title; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes including rents and 

transportation of things, $6,080,877,000, to remain available for 

obligation until September 30, 2014. 

PROCUREMENT OF AMMUNITION, AIR FORCE

For construction, procurement, production, and modification 

of ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $499,185,000, to 

remain available for obligation until September 30, 2014. 

OTHER PROCUREMENT, AIR FORCE

For procurement and modification of equipment (including 

ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and 


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125 STAT. 800 PUBLIC LAW 112–74—DEC. 23, 2011 

spare parts therefor, not otherwise provided for; the purchase of 

passenger motor vehicles for replacement only; lease of passenger 

motor vehicles; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants, 

erection of structures, and acquisition of land, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon, prior to approval of title; 

reserve plant and Government and contractor-owned equipment 

layaway, $17,403,564,000, to remain available for obligation until 

September 30, 2014. 

PROCUREMENT, DEFENSE-WIDE

For expenses of activities and agencies of the Department of 

Defense (other than the military departments) necessary for 

procurement, production, and modification of equipment, supplies, 

materials, and spare parts therefor, not otherwise provided for; 

the purchase of passenger motor vehicles for replacement only; 

expansion of public and private plants, equipment, and installation 

thereof in such plants, erection of structures, and acquisition of 

land for the foregoing purposes, and such lands and interests 

therein, may be acquired, and construction prosecuted thereon prior 

to approval of title; reserve plant and Government and contractorowned equipment layaway, $4,893,428,000, to remain available for 

obligation until September 30, 2014. 

DEFENSE PRODUCTION ACT PURCHASES

For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 

1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $169,964,000, 

to remain available until expended. 

TITLE IV 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, 

rehabilitation, lease, and operation of facilities and equipment, 

$8,745,492,000, to remain available for obligation until September 

30, 2013. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, 

rehabilitation, lease, and operation of facilities and equipment, 

$17,753,940,000, to remain available for obligation until September 

30, 2013: Provided, That funds appropriated in this paragraph 

which are available for the V–22 may be used to meet unique 

operational requirements of the Special Operations Forces: Provided 

further, That funds appropriated in this paragraph shall be available for the Cobra Judy program. 


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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. 

Deadline. 

Notification. 


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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 

Waiver authority. 

Certification. 

Contracts. 

Contracts. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 803 

that are not in the chemical weapon stockpile, $1,554,422,000, 

of which $1,147,691,000 shall be for operation and maintenance, 

of which no less than $71,211,000, shall be for the Chemical Stockpile Emergency Preparedness Program, consisting of $19,211,000 

for activities on military installations and $52,000,000, to remain 

available until September 30, 2013, to assist State and local governments and $406,731,000, to remain available until September 30, 

2013, shall be for research, development, test and evaluation, of 

which $401,768,000 shall only be for the Assembled Chemical 

Weapons Alternatives (ACWA) program. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the 

Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United 

States Code; for operation and maintenance; for procurement; and 

for research, development, test and evaluation, $1,209,620,000: Provided, That the funds appropriated under this heading shall be 

available for obligation for the same time period and for the same 

purpose as the appropriation to which transferred: Provided further, That upon a determination that all or part of the funds transferred 

from this appropriation are not necessary for the purposes provided 

herein, such amounts may be transferred back to this appropriation: 

Provided further, That the transfer authority provided under this 

heading is in addition to any other transfer authority contained 

elsewhere in this Act: Provided further, That $23,000,000 may 

not be obligated or expended until the Secretary of Defense submits 

an implementation plan for the expansion of prescription drug 

testing to the congressional defense committees. 

OFFICE OF THE INSPECTOR 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 

Implementation 

plan. 

Determination. 


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125 STAT. 804 PUBLIC LAW 112–74—DEC. 23, 2011 

for continuing the operation of the Central Intelligence Agency 

Retirement and Disability System, $513,700,000. 

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

For necessary expenses of the Intelligence Community Manage- ment 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 

Turkey. 

Pay rates. 

Foreign 

nationals. 

10 USC 1584 

note. 


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has been denied by the Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers 

made pursuant to this authority or any other authority in this 

Act: Provided further, That no part of the funds in this Act shall 

be available to prepare or present a request to the Committees 

on Appropriations for reprogramming of funds, unless for higher 

priority items, based on unforeseen military requirements, than 

those for which originally appropriated and in no case where the 

item for which reprogramming is requested has been denied by 

the Congress: Provided further, That a request for multiple 

reprogrammings of funds using authority provided in this section 

shall be made prior to June 30, 2012: Provided further, That transfers among military personnel appropriations shall not be taken 

into account for purposes of the limitation on the amount of funds 

that may be transferred under this section. 

SEC. 8006. (a) With regard to the list of specific programs, 

projects, and activities (and the dollar amounts and adjustments 

to budget activities corresponding to such programs, projects, and 

activities) contained in the tables titled ‘‘Explanation of Project 

Level Adjustments’’ in the explanatory statement regarding this 

Act, the obligation and expenditure of amounts appropriated or 

otherwise made available in this Act for those programs, projects, 

and activities for which the amounts appropriated exceed the 

amounts requested are hereby required by law to be carried out 

in the manner provided by such tables to the same extent as 

if the tables were included in the text of this Act. 

(b) Amounts specified in the referenced tables described in 

subsection (a) shall not be treated as subdivisions of appropriations 

for purposes of section 8005 of this Act: Provided, That section 

8005 shall apply when transfers of the amounts described in subsection (a) occur between appropriation accounts. 

SEC. 8007. (a) Not later than 60 days after enactment of this 

Act, the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for application 

of reprogramming and transfer authorities for fiscal year 2012: 

Provided, That the report shall include— 

(1) a table for each appropriation with a separate column 

to display the President’s budget request, adjustments made 

by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; 

(2) a delineation in the table for each appropriation both 

by budget activity and program, project, and activity as detailed 

in the Budget Appendix; and 

(3) an identification of items of special congressional 

interest. 

(b) Notwithstanding section 8005 of this Act, none of the funds 

provided in this Act shall be available for reprogramming or transfer 

until the report identified in subsection (a) is submitted to the 

congressional defense committees, unless the Secretary of Defense 

certifies in writing to the congressional defense committees that 

such reprogramming or transfer is necessary as an emergency 

requirement. 

(TRANSFER OF FUNDS)

SEC. 8008. During the current fiscal year, cash balances in 

working capital funds of the Department of Defense established 

Certification. 

Deadline. 

Reports. 

Applicability. 

Deadline. 

Reprogramming 

requests. 

Notification. 


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125 STAT. 806 PUBLIC LAW 112–74—DEC. 23, 2011 

pursuant to section 2208 of title 10, United States Code, may 

be maintained in only such amounts as are necessary at any time 

for cash disbursements to be made from such funds: Provided, 

That transfers may be made between such funds: Provided further, 

That transfers may be made between working capital funds and 

the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and 

the ‘‘Operation and Maintenance’’ appropriation accounts in such 

amounts as may be determined by the Secretary of Defense, with 

the approval of the Office of Management and Budget, except that 

such transfers may not be made unless the Secretary of Defense 

has notified the Congress of the proposed transfer. Except in 

amounts equal to the amounts appropriated to working capital 

funds in this Act, no obligations may be made against a working 

capital fund to procure or increase the value of war reserve material 

inventory, unless the Secretary of Defense has notified the Congress 

prior to any such obligation. 

SEC. 8009. Funds appropriated by this Act may not be used 

to initiate a special access program without prior notification 30 

calendar days in advance to the congressional defense committees. 

SEC. 8010. None of the funds provided in this Act shall be 

available to initiate: (1) a multiyear contract that employs economic 

order quantity procurement in excess of $20,000,000 in any one 

year of the contract or that includes an unfunded contingent liability 

in excess of $20,000,000; or (2) a contract for advance procurement 

leading to a multiyear contract that employs economic order 

quantity procurement in excess of $20,000,000 in any one year, 

unless the congressional defense committees have been notified 

at least 30 days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act 

shall be available to initiate a multiyear contract for which the 

economic order quantity advance procurement is not funded at 

least to the limits of the Government’s liability: Provided further, 

That no part of any appropriation contained in this Act shall 

be available to initiate multiyear procurement contracts for any 

systems or component thereof if the value of the multiyear contract 

would exceed $500,000,000 unless specifically provided in this Act: 

Provided further, That no multiyear procurement contract can be 

terminated without 10-day prior notification to the congressional 

defense committees: Provided further, That the execution of 

multiyear authority shall require the use of a present value analysis 

to determine lowest cost compared to an annual procurement: Provided further, That none of the funds provided in this Act may 

be used for a multiyear contract executed after the date of the 

enactment of this Act unless in the case of any such contract— 

(1) the Secretary of Defense has submitted to Congress 

a budget request for full funding of units to be procured through 

the contract and, in the case of a contract for procurement 

of aircraft, that includes, for any aircraft unit to be procured 

through the contract for which procurement funds are requested 

in that budget request for production beyond advance procurement activities in the fiscal year covered by the budget, full 

funding of procurement of such unit in that fiscal year; 

(2) cancellation provisions in the contract do not include 

consideration of recurring manufacturing costs of the contractor 

associated with the production of unfunded units to be delivered 

under the contract; 

Budget request. 

Deadline. 

Notification. 

Contracts. 

Notification. 

Deadlines. 

10 USC 2306b 

note. 

Notification. 

Deadline. 

Notification. 

Notification. 


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(3) the contract provides that payments to the contractor 

under the contract shall not be made in advance of incurred 

costs on funded units; and 

(4) the contract does not provide for a price adjustment 

based on a failure to award a follow-on contract. 

Funds appropriated in title III of this Act may be used for 

a multiyear procurement contract as follows: 

UH–60M/HH–60M and MH–60R/MH–60S Helicopter Airframes; and MH–60R/S Mission Avionics and Common Cockpits. 

SEC. 8011. Within the funds appropriated for the operation 

and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code, 

for humanitarian and civic assistance costs under chapter 20 of 

title 10, United States Code. Such funds may also be obligated 

for humanitarian and civic assistance costs incidental to authorized 

operations and pursuant to authority granted in section 401 of 

chapter 20 of title 10, United States Code, and these obligations 

shall be reported as required by section 401(d) of title 10, United 

States Code: Provided, That funds available for operation and 

maintenance shall be available for providing humanitarian and 

similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized 

by Public Law 99–239: Provided further, That upon a determination 

by the Secretary of the Army that such action is beneficial for 

graduate medical education programs conducted at Army medical 

facilities located in Hawaii, the Secretary of the Army may authorize 

the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian 

patients from American Samoa, the Commonwealth of the Northern 

Mariana Islands, the Marshall Islands, the Federated States of 

Micronesia, Palau, and Guam. 

SEC. 8012. (a) During fiscal year 2012, the civilian personnel 

of the Department of Defense may not be managed on the basis 

of any end-strength, and the management of such personnel during 

that fiscal year shall not be subject to any constraint or limitation 

(known as an end-strength) on the number of such personnel who 

may be employed on the last day of such fiscal year. 

(b) The fiscal year 2013 budget request for the Department 

of Defense as well as all justification material and other documentation supporting the fiscal year 2013 Department of Defense budget 

request shall be prepared and submitted to the Congress as if 

subsections (a) and (b) of this provision were effective with regard 

to fiscal year 2013. 

(c) Nothing in this section shall be construed to apply to military 

(civilian) technicians. 

SEC. 8013. None of the funds made available by this Act shall 

be used in any way, directly or indirectly, to influence congressional 

action on any legislation or appropriation matters pending before 

the Congress. 

SEC. 8014. None of the funds appropriated by this Act shall 

be available for the basic pay and allowances of any member of 

the Army participating as a full-time student and receiving benefits 

paid by the Secretary of Veterans Affairs from the Department 

of Defense Education Benefits Fund when time spent as a fulltime student is credited toward completion of a service commitment: 

Provided, That this section shall not apply to those members who 

Lobbying. 

Budget request. 

Effective date. 

Humanitarian 

assistance. 

Territories. 

Reports. 


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125 STAT. 808 PUBLIC LAW 112–74—DEC. 23, 2011 

have reenlisted with this option prior to October 1, 1987: Provided 

further, That this section applies only to active components of 

the Army. 

(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 

Contracts. 

Waiver authority. 

Certification. 

Arms and 

munitions. 

Certification. 

Waiver authority. 

Certification. 

Anchor and 

mooring chain. 

Applicability. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 809 

(25 U.S.C. 1544): Provided, That a prime contractor or a subcontractor at any tier that makes a subcontract award to any subcontractor or supplier as defined in section 1544 of title 25, United 

States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, 

United States Code, shall be considered a contractor for the purposes of being allowed additional compensation under section 504 

of the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever 

the prime contract or subcontract amount is over $500,000 and 

involves the expenditure of funds appropriated by an Act making 

Appropriations for the Department of Defense with respect to any 

fiscal year: Provided further, That notwithstanding section 1906 

of title 41, United States Code, this section shall be applicable 

to any Department of Defense acquisition of supplies or services, 

including any contract and any subcontract at any tier for acquisition of commercial items produced or manufactured, in whole or 

in part, by any subcontractor or supplier defined in section 1544 

of title 25, United States Code, or a small business owned and 

controlled by an individual or individuals defined under section 

4221(9) of title 25, United States Code. 

SEC. 8020. Funds appropriated by this Act for the Defense 

Media Activity shall not be used for any national or international 

political or psychological activities. 

SEC. 8021. During the current fiscal year, the Department 

of Defense is authorized to incur obligations of not to exceed 

$350,000,000 for purposes specified in section 2350j(c) of title 10, 

United States Code, in anticipation of receipt of contributions, only 

from the Government of Kuwait, under that section: Provided, 

That upon receipt, such contributions from the Government of 

Kuwait shall be credited to the appropriations or fund which 

incurred such obligations. 

SEC. 8022. (a) Of the funds made available in this Act, not 

less than $37,745,000 shall be available for the Civil Air Patrol 

Corporation, of which— 

(1) $27,838,000 shall be available from ‘‘Operation and 

Maintenance, Air Force’’ to support Civil Air Patrol Corporation 

operation and maintenance, readiness, counterdrug activities, 

and drug demand reduction activities involving youth programs; 

(2) $8,990,000 shall be available from ‘‘Aircraft Procurement, Air Force’’; and 

(3) $917,000 shall be available from ‘‘Other Procurement, 

Air Force’’ for vehicle procurement. 

(b) The Secretary of the Air Force should waive reimbursement 

for any funds used by the Civil Air Patrol for counter-drug activities 

in support of Federal, State, and local government agencies. 

SEC. 8023. (a) None of the funds appropriated in this Act 

are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC), 

either as a new entity, or as a separate entity administrated by 

an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs 

and other nonprofit entities. 

(b) No member of a Board of Directors, Trustees, Overseers, 

Advisory Group, Special Issues Panel, Visiting Committee, or any 

similar entity of a defense FFRDC, and no paid consultant to 

any defense FFRDC, except when acting in a technical advisory 

capacity, may be compensated for his or her services as a member 

Kuwait. 

Applicability. 


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125 STAT. 810 PUBLIC LAW 112–74—DEC. 23, 2011 

of such entity, or as a paid consultant by more than one FFRDC 

in a fiscal year: Provided, That a member of any such entity 

referred to previously in this subsection shall be allowed travel 

expenses and per diem as authorized under the Federal Joint Travel 

Regulations, when engaged in the performance of membership 

duties. 

(c) Notwithstanding any other provision of law, none of the 

funds available to the department from any source during fiscal 

year 2012 may be used by a defense FFRDC, through a fee or 

other payment mechanism, for construction of new buildings, for 

payment of cost sharing for projects funded by Government grants, 

for absorption of contract overruns, or for certain charitable contributions, not to include employee participation in community 

service and/or development. 

(d) Notwithstanding any other provision of law, of the funds 

available to the department during fiscal year 2012, not more 

than 5,750 staff years of technical effort (staff years) may be funded 

for defense FFRDCs: Provided, That of the specific amount referred 

to previously in this subsection, not more than 1,125 staff years 

may be funded for the defense studies and analysis FFRDCs: Provided further, That this subsection shall not apply to staff years 

funded in the National Intelligence Program (NIP) and the Military 

Intelligence Program (MIP). 

(e) The Secretary of Defense shall, with the submission of 

the department’s fiscal year 2013 budget request, submit a report 

presenting the specific amounts of staff years of technical effort 

to be allocated for each defense FFRDC during that fiscal year 

and the associated budget estimates. 

(f) Notwithstanding any other provision of this Act, the total 

amount appropriated in this Act for FFRDCs is hereby reduced 

by $150,245,000. 

SEC. 8024. None of the funds appropriated or made available 

in this Act shall be used to procure carbon, alloy or armor steel 

plate for use in any Government-owned facility or property under 

the control of the Department of Defense which were not melted 

and rolled in the United States or Canada: Provided, That these 

procurement restrictions shall apply to any and all Federal Supply 

Class 9515, American Society of Testing and Materials (ASTM) 

or American Iron and Steel Institute (AISI) specifications of carbon, 

alloy or armor steel plate: Provided further, That the Secretary 

of the military department responsible for the procurement may 

waive this restriction on a case-by-case basis by certifying in writing 

to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely 

basis and that such an acquisition must be made in order to 

acquire capability for national security purposes: Provided further, 

That these restrictions shall not apply to contracts which are in 

being as of the date of the enactment of this Act. 

SEC. 8025. For the purposes of this Act, the term ‘‘congressional 

defense committees’’ means the Armed Services Committee of the 

House of Representatives, the Armed Services Committee of the 

Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the 

Committee on Appropriations of the House of Representatives. 

SEC. 8026. During the current fiscal year, the Department 

of Defense may acquire the modification, depot maintenance and 

Definition. 

Waiver authority. 

Certification. 

Applicability. 

Contracts. 

Reports. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 811 

repair of aircraft, vehicles and vessels as well as the production 

of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities 

and private firms: Provided, That the Senior Acquisition Executive 

of the military department or Defense Agency concerned, with power 

of delegation, shall certify that successful bids include comparable 

estimates of all direct and indirect costs for both public and private 

bids: Provided further, That Office of Management and Budget 

Circular A–76 shall not apply to competitions conducted under 

this section. 

SEC. 8027. (a)(1) If the Secretary of Defense, after consultation 

with the United States Trade Representative, determines that a 

foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating 

against certain types of products produced in the United States 

that are covered by the agreement, the Secretary of Defense shall 

rescind the Secretary’s blanket waiver of the Buy American Act 

with respect to such types of products produced in that foreign 

country. 

(2) An agreement referred to in paragraph (1) is any reciprocal 

defense procurement memorandum of understanding, between the 

United States and a foreign country pursuant to which the Secretary 

of Defense has prospectively waived the Buy American Act for 

certain products in that country. 

(b) The Secretary of Defense shall submit to the Congress 

a report on the amount of Department of Defense purchases from 

foreign entities in fiscal year 2012. Such report shall separately 

indicate the dollar value of items for which the Buy American 

Act was waived pursuant to any agreement described in subsection 

(a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), 

or any international agreement to which the United States is a 

party. 

(c) For purposes of this section, the term ‘‘Buy American Act’’ 

means chapter 83 of title 41, United States Code. 

SEC. 8028. During the current fiscal year, amounts contained 

in the Department of Defense Overseas Military Facility Investment 

Recovery Account established by section 2921(c)(1) of the National 

Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C. 

2687 note) shall be available until expended for the payments 

specified by section 2921(c)(2) of that Act. 

SEC. 8029. (a) Notwithstanding any other provision of law, 

the Secretary of the Air Force may convey at no cost to the Air 

Force, without consideration, to Indian tribes located in the States 

of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, 

Minnesota, and Washington relocatable military housing units 

located at Grand Forks Air Force Base, Malmstrom Air Force Base, 

Mountain Home Air Force Base, Ellsworth Air Force Base, and 

Minot Air Force Base that are excess to the needs of the Air 

Force. 

(b) The Secretary of the Air Force shall convey, at no cost 

to the Air Force, military housing units under subsection (a) in 

accordance with the request for such units that are submitted 

to the Secretary by the Operation Walking Shield Program on 

behalf of Indian tribes located in the States of Nevada, Idaho, 

North Dakota, South Dakota, Montana, Oregon, Minnesota, and 

Washington. Any such conveyance shall be subject to the condition 

Housing. 

Native 

Americans. 

State listing. 

Definition. 

Reports. 

Memorandum. 

Determination. 

Contracts. 

Rescission. 

41 USC 8304 

note. 

Certification. 


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125 STAT. 812 PUBLIC LAW 112–74—DEC. 23, 2011 

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. 

50 USC 403 note. 

Budget request. 

Definition. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 813 

SEC. 8034. Of the funds appropriated to the Department of 

Defense under the heading ‘‘Operation and Maintenance, DefenseWide’’, not less than $12,000,000 shall be made available only 

for the mitigation of environmental impacts, including training 

and technical assistance to tribes, related administrative support, 

the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation and 

cost to complete estimates for mitigation, on Indian lands resulting 

from Department of Defense activities. 

SEC. 8035. (a) None of the funds appropriated in this Act 

may be expended by an entity of the Department of Defense unless 

the entity, in expending the funds, complies with the Buy American 

Act. For purposes of this subsection, the term ‘‘Buy American Act’’ 

means chapter 83 of title 41, United States Code. 

(b) If the Secretary of Defense determines that a person has 

been convicted of intentionally affixing a label bearing a ‘‘Made 

in America’’ inscription to any product sold in or shipped to the 

United States that is not made in America, the Secretary shall 

determine, in accordance with section 2410f of title 10, United 

States Code, whether the person should be debarred from contracting with the Department of Defense. 

(c) In the case of any equipment or products purchased with 

appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending 

the appropriation, purchase only American-made equipment and 

products, provided that American-made equipment and products 

are cost-competitive, quality competitive, and available in a timely 

fashion. 

SEC. 8036. None of the funds appropriated by this Act shall 

be available for a contract for studies, analysis, or consulting services entered into without competition on the basis of an unsolicited 

proposal unless the head of the activity responsible for the procurement determines— 

(1) as a result of thorough technical evaluation, only one 

source is found fully qualified to perform the proposed work; 

(2) the purpose of the contract is to explore an unsolicited 

proposal which offers significant scientific or technological 

promise, represents the product of original thinking, and was 

submitted in confidence by one source; or 

(3) the purpose of the contract is to take advantage of 

unique and significant industrial accomplishment by a specific 

concern, or to insure that a new product or idea of a specific 

concern is given financial support: Provided, That this limitation shall not apply to contracts in an amount of less than 

$25,000, contracts related to improvements of equipment that 

is in development or production, or contracts as to which a 

civilian official of the Department of Defense, who has been 

confirmed by the Senate, determines that the award of such 

contract is in the interest of the national defense. 

SEC. 8037. (a) Except as provided in subsections (b) and (c), 

none of the funds made available by this Act may be used— 

(1) to establish a field operating agency; or 

(2) to pay the basic pay of a member of the Armed Forces 

or civilian employee of the department who is transferred or 

reassigned from a headquarters activity if the member or 

employee’s place of duty remains at the location of that headquarters. 

Determination. 

Contracts. 

Determination. 

Determination. 

Labeling. 

Fraud. 

Debarment. 


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125 STAT. 814 PUBLIC LAW 112–74—DEC. 23, 2011 

(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-bycase basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and Senate 

that the granting of the waiver will reduce the personnel requirements or the financial requirements of the department. 

(c) This section does not apply to— 

(1) field operating agencies funded within the National 

Intelligence Program; 

(2) an Army field operating agency established to eliminate, 

mitigate, or counter the effects of improvised explosive devices, 

and, as determined by the Secretary of the Army, other similar 

threats; or 

(3) an Army field operating agency established to improve 

the effectiveness and efficiencies of biometric activities and 

to integrate common biometric technologies throughout the 

Department of Defense. 

SEC. 8038. The Secretary of Defense, notwithstanding any other 

provision of law, acting through the Office of Economic Adjustment 

of the Department of Defense, may use funds made available in 

this Act under the heading ‘‘Operation and Maintenance, DefenseWide’’ to make grants and supplement other Federal funds in 

accordance with the guidance provided in the explanatory statement 

regarding this Act. 

SEC. 8039. (a) None of the funds appropriated by this Act 

shall be available to convert to contractor performance an activity 

or function of the Department of Defense that, on or after the 

date of the enactment of this Act, is performed by Department 

of Defense civilian employees unless— 

(1) the conversion is based on the result of a public-private 

competition that includes a most efficient and cost effective 

organization plan developed by such activity or function; 

(2) the Competitive Sourcing Official determines that, over 

all performance periods stated in the solicitation of offers for 

performance of the activity or function, the cost of performance 

of the activity or function by a contractor would be less costly 

to the Department of Defense by an amount that equals or 

exceeds the lesser of— 

(A) 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or 

(B) $10,000,000; and 

(3) the contractor does not receive an advantage for a 

proposal that would reduce costs for the Department of Defense 

by— 

(A) not making an employer-sponsored health insurance plan available to the workers who are to be employed 

in the performance of that activity or function under the 

contract; or 

(B) offering to such workers an employer-sponsored 

health benefits plan that requires the employer to contribute less towards the premium or subscription share 

than the amount that is paid by the Department of Defense 

for health benefits for civilian employees under chapter 

89 of title 5, United States Code. 

(b)(1) The Department of Defense, without regard to subsection 

(a) of this section or subsection (a), (b), or (c) of section 2461 

Contracts. 

Grants. 

Waiver authority. 

Determination. 

Certification. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 815 

of title 10, United States Code, and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have 

full authority to enter into a contract for the performance of any 

commercial or industrial type function of the Department of Defense 

that— 

(A) is included on the procurement list established 

pursuant to section 2 of the Javits-Wagner-O’Day Act (section 8503 of title 41, United States Code); 

(B) is planned to be converted to performance by a 

qualified nonprofit agency for the blind or by a qualified 

nonprofit agency for other severely handicapped individuals 

in accordance with that Act; or 

(C) is planned to be converted to performance by a 

qualified firm under at least 51 percent ownership by an 

Indian tribe, as defined in section 4(e) of the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 

450b(e)), or a Native Hawaiian Organization, as defined 

in section 8(a)(15) of the Small Business Act (15 U.S.C. 

637(a)(15)). 

(2) This section shall not apply to depot contracts or contracts for depot maintenance as provided in sections 2469 and 

2474 of title 10, United States Code. 

(c) The conversion of any activity or function of the Department 

of Defense under the authority provided by this section shall be 

credited toward any competitive or outsourcing goal, target, or 

measurement that may be established by statute, regulation, or 

policy and is deemed to be awarded under the authority of, and 

in compliance with, subsection (h) of section 2304 of title 10, United 

States Code, for the competition or outsourcing of commercial activities. 

(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; 


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125 STAT. 816 PUBLIC LAW 112–74—DEC. 23, 2011 

‘‘Aircraft Procurement, Navy, 2011/2013’’, $78,000,000; 

‘‘Weapons Procurement, Navy, 2011/2013’’, $34,276,000; 

‘‘Procurement of Ammunition, Navy and Marine Corps, 2011/2013’’, $28,262,000; 

‘‘Other Procurement, Navy, 2011/2013’’, $59,598,000; 

Under the heading, ‘‘Shipbuilding and Conversion, Navy, 

2011/2015’’: Littoral Combat Ship Advance Procurement: 

$110,351,000; 

‘‘Aircraft Procurement, Air Force, 2011/2013’’, 

$220,213,000; 

‘‘Missile Procurement, Air Force, 2011/2013’’, $193,900,000; 

‘‘Other Procurement, Air Force, 2011/2013’’, $52,868,000; 

‘‘Procurement, Defense-Wide, 2011/2013’’, $4,312,000; 

‘‘Research, Development, Test and Evaluation, Army, 2011/ 

2012’’, $356,625,000; 

‘‘Research, Development, Test and Evaluation, Navy, 2011/ 

2012’’, $65,687,000; 

‘‘Research, Development, Test and Evaluation, Air Force, 

2011/2012’’, $258,094,000; 

‘‘Research, Development, Test and Evaluation, DefenseWide, 2011/2012’’, $254,284,000; 

‘‘Defense Health Program, 2011/2012’’, $257,000: 

Provided, That the funds rescinded from the National 

Defense Sealift accounts are those described under the heading 

‘‘National Defense Sealift Fund’’ in Public Law 107–117, Public 

Law 107–248, and Public Law 108–87, or for the purposes 

described in section 115 of division H of Public Law 108– 

199, as amended by section 1017 of division A of Public Law 

109–13. 

SEC. 8041. None of the funds available in this Act may be 

used to reduce the authorized positions for military technicians 

(dual status) of the Army National Guard, Air National Guard, 

Army Reserve and Air Force Reserve for the purpose of applying 

any administratively imposed civilian personnel ceiling, freeze, or 

reduction on military technicians (dual status), unless such reductions are a direct result of a reduction in military force structure. 

SEC. 8042. None of the funds appropriated or otherwise made 

available in this Act may be obligated or expended for assistance 

to the Democratic People’s Republic of Korea unless specifically 

appropriated for that purpose. 

SEC. 8043. Funds appropriated in this Act for operation and 

maintenance of the Military Departments, Combatant Commands 

and Defense Agencies shall be available for reimbursement of pay, 

allowances and other expenses which would otherwise be incurred 

against appropriations for the National Guard and Reserve when 

members of the National Guard and Reserve provide intelligence 

or counterintelligence support to Combatant Commands, Defense 

Agencies and Joint Intelligence Activities, including the activities 

and programs included within the National Intelligence Program 

and the Military Intelligence Program: Provided, That nothing in 

this section authorizes deviation from established Reserve and 

National Guard personnel and training procedures. 

SEC. 8044. During the current fiscal year, none of the funds 

appropriated in this Act may be used to reduce the civilian medical 

and medical support personnel assigned to military treatment facilities below the September 30, 2003, level: Provided, That the Service 

Surgeons General may waive this section by certifying to the 

Waiver authority. 

Certification. 

North Korea. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 817 

congressional defense committees that the beneficiary population 

is declining in some catchment areas and civilian strength reductions may be consistent with responsible resource stewardship and 

capitation-based budgeting. 

SEC. 8045. (a) None of the funds available to the Department 

of Defense for any fiscal year for drug interdiction or counterdrug activities may be transferred to any other department or 

agency of the United States except as specifically provided in an 

appropriations law. 

(b) None of the funds available to the Central Intelligence 

Agency for any fiscal year for drug interdiction and counter-drug 

activities may be transferred to any other department or agency 

of the United States except as specifically provided in an appropriations law. 

SEC. 8046. None of the funds appropriated by this Act may 

be used for the procurement of ball and roller bearings other than 

those produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible 

for such procurement may waive this restriction on a case-bycase basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate 

domestic supplies are not available to meet Department of Defense 

requirements on a timely basis and that such an acquisition must 

be made in order to acquire capability for national security purposes: Provided further, That this restriction shall not apply to 

the purchase of ‘‘commercial items’’, as defined by section 4(12) 

of the Office of Federal Procurement Policy Act, except that the 

restriction shall apply to ball or roller bearings purchased as end 

items. 

SEC. 8047. None of the funds in this Act may be used to 

purchase any supercomputer which is not manufactured in the 

United States, unless the Secretary of Defense certifies to the 

congressional defense committees that such an acquisition must 

be made in order to acquire capability for national security purposes 

that is not available from United States manufacturers. 

SEC. 8048. None of the funds made available in this or any 

other Act may be used to pay the salary of any officer or employee 

of the Department of Defense who approves or implements the 

transfer of administrative responsibilities or budgetary resources 

of any program, project, or activity financed by this Act to the 

jurisdiction of another Federal agency not financed by this Act 

without the express authorization of Congress: Provided, That this 

limitation shall not apply to transfers of funds expressly provided 

for in Defense Appropriations Acts, or provisions of Acts providing 

supplemental appropriations for the Department of Defense. 

SEC. 8049. (a) Notwithstanding any other provision of law, 

none of the funds available to the Department of Defense for the 

current fiscal year may be obligated or expended to transfer to 

another nation or an international organization any defense articles 

or services (other than intelligence services) for use in the activities 

described in subsection (b) unless the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate are 

notified 15 days in advance of such transfer. 

(b) This section applies to— 

(1) any international peacekeeping or peace-enforcement 

operation under the authority of chapter VI or chapter VII 

Applicability. 

Notification. 

Deadline. 

Salaries. 

Supercomputer. 

Certification. 

Applicability. 

Waiver authority. 

Certification. 

Ball and roller 

bearings. 

50 USC 403f 

note. 

Drugs and drug 

abuse. 

10 USC 374 note. 


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125 STAT. 818 PUBLIC LAW 112–74—DEC. 23, 2011 

of the United Nations Charter under the authority of a United 

Nations Security Council resolution; and 

(2) any other international peacekeeping, peace-enforcement, or humanitarian assistance operation. 

(c) A notice under subsection (a) shall include the following: 

(1) A description of the equipment, supplies, or services 

to be transferred. 

(2) A statement of the value of the equipment, supplies, 

or services to be transferred. 

(3) In the case of a proposed transfer of equipment or 

supplies— 

(A) a statement of whether the inventory requirements 

of all elements of the Armed Forces (including the reserve 

components) for the type of equipment or supplies to be 

transferred have been met; and 

(B) a statement of whether the items proposed to be 

transferred will have to be replaced and, if so, how the 

President proposes to provide funds for such replacement. 

SEC. 8050. None of the funds available to the Department 

of Defense under this Act shall be obligated or expended to pay 

a contractor under a contract with the Department of Defense 

for costs of any amount paid by the contractor to an employee 

when— 

(1) such costs are for a bonus or otherwise in excess of 

the normal salary paid by the contractor to the employee; 

and 

(2) such bonus is part of restructuring costs associated 

with a business combination. 

(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 

Contracts. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 819 

National Defense Authorization Act for Fiscal Year 1991, Public 

Law 101–510, as amended (31 U.S.C. 1551 note): Provided, That in the case of an expired account, if subsequent review 

or investigation discloses that there was not in fact a negative 

unliquidated or unexpended balance in the account, any charge 

to a current account under the authority of this section shall 

be reversed and recorded against the expired account: Provided 

further, That the total amount charged to a current appropriation under this section may not exceed an amount equal to 

1 percent of the total appropriation for that account. 

SEC. 8053. (a) Notwithstanding any other provision of law, 

the Chief of the National Guard Bureau may permit the use of 

equipment of the National Guard Distance Learning Project by 

any person or entity on a space-available, reimbursable basis. The 

Chief of the National Guard Bureau shall establish the amount 

of reimbursement for such use on a case-by-case basis. 

(b) Amounts collected under subsection (a) shall be credited 

to funds available for the National Guard Distance Learning Project 

and be available to defray the costs associated with the use of 

equipment of the project under that subsection. Such funds shall 

be available for such purposes without fiscal year limitation. 

SEC. 8054. Using funds made available by this Act or any 

other Act, the Secretary of the Air Force, pursuant to a determination under section 2690 of title 10, United States Code, may implement cost-effective agreements for required heating facility modernization in the Kaiserslautern Military Community in the Federal 

Republic of Germany: Provided, That in the City of Kaiserslautern 

and at the Rhine Ordnance Barracks area, such agreements will 

include the use of United States anthracite as the base load energy 

for municipal district heat to the United States Defense installations: Provided further, That at Landstuhl Army Regional Medical 

Center and Ramstein Air Base, furnished heat may be obtained 

from private, regional or municipal services, if provisions are 

included for the consideration of United States coal as an energy 

source. 

SEC. 8055. None of the funds appropriated in title IV of this 

Act may be used to procure end-items for delivery to military 

forces for operational training, operational use or inventory requirements: Provided, That this restriction does not apply to end-items 

used in development, prototyping, and test activities preceding and 

leading to acceptance for operational use: Provided further, That 

this restriction does not apply to programs funded within the 

National Intelligence Program: Provided further, That the Secretary 

of Defense may waive this restriction on a case-by-case basis by 

certifying in writing to the Committees on Appropriations of the 

House of Representatives and the Senate that it is in the national 

security interest to do so. 

SEC. 8056. None of the funds made available in this Act may 

be used to approve or license the sale of the F–22A advanced 

tactical fighter to any foreign government: Provided, That the 

Department of Defense may conduct or participate in studies, 

research, design and other activities to define and develop a future 

export version of the F–22A that protects classified and sensitive 

information, technologies and U.S. warfighting capabilities. 

SEC. 8057. (a) The Secretary of Defense may, on a case-bycase basis, waive with respect to a foreign country each limitation 

on the procurement of defense items from foreign sources provided 

Waiver authority. 

Determination. 

Waiver authority. 

Certification. 

Anthracite. 

Germany. 

Reimbursement. 


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125 STAT. 820 PUBLIC LAW 112–74—DEC. 23, 2011 

in law if the Secretary determines that the application of the 

limitation with respect to that country would invalidate cooperative 

programs entered into between the Department of Defense and 

the foreign country, or would invalidate reciprocal trade agreements 

for the procurement of defense items entered into under section 

2531 of title 10, United States Code, and the country does not 

discriminate against the same or similar defense items produced 

in the United States for that country. 

(b) Subsection (a) applies with respect to— 

(1) contracts and subcontracts entered into on or after 

the date of the enactment of this Act; and 

(2) options for the procurement of items that are exercised 

after such date under contracts that are entered into before 

such date if the option prices are adjusted for any reason 

other than the application of a waiver granted under subsection 

(a). 

(c) Subsection (a) does not apply to a limitation regarding 

construction of public vessels, ball and roller bearings, food, and 

clothing or textile materials as defined by section 11 (chapters 

50–65) of the Harmonized Tariff Schedule and products classified 

under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 

7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 

7508, 8105, 8108, 8109, 8211, 8215, and 9404. 

SEC. 8058. (a) None of the funds made available by this Act 

may be used to support any training program involving a unit 

of the security forces or police of a foreign country if the Secretary 

of Defense has received credible information from the Department 

of State that the unit has committed a gross violation of human 

rights, unless all necessary corrective steps have been taken. 

(b) The Secretary of Defense, in consultation with the Secretary 

of State, shall ensure that prior to a decision to conduct any training 

program referred to in subsection (a), full consideration is given 

to all credible information available to the Department of State 

relating to human rights violations by foreign security forces. 

(c) The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition in subsection (a) if 

he determines that such waiver is required by extraordinary circumstances. 

(d) Not more than 15 days after the exercise of any waiver 

under subsection (c), the Secretary of Defense shall submit a report 

to the congressional defense committees describing the extraordinary circumstances, the purpose and duration of the training 

program, the United States forces and the foreign security forces 

involved in the training program, and the information relating 

to human rights violations that necessitates the waiver. 

SEC. 8059. None of the funds appropriated or otherwise made 

available by this or other Department of Defense Appropriations 

Acts may be obligated or expended for the purpose of performing 

repairs or maintenance to military family housing units of the 

Department of Defense, including areas in such military family 

housing units that may be used for the purpose of conducting 

official Department of Defense business. 

SEC. 8060. Notwithstanding any other provision of law, funds 

appropriated in this Act under the heading ‘‘Research, Development, 

Test and Evaluation, Defense-Wide’’ for any new start advanced 

concept technology demonstration project or joint capability demonstration project may only be obligated 45 days after a report, 

Deadline. 

Reports. 

Deadline. 

Reports. 

Waiver authority. 

Determination. 

Human rights. 

Applicability. 

Contracts. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 821 

including a description of the project, the planned acquisition and 

transition strategy and its estimated annual and total cost, has 

been provided in writing to the congressional defense committees: 

Provided, That the Secretary of Defense may waive this restriction 

on a case-by-case basis by certifying to the congressional defense 

committees that it is in the national interest to do so. 

SEC. 8061. The Secretary of Defense shall provide a classified 

quarterly report beginning 30 days after enactment of this Act, 

to the House and Senate Appropriations Committees, Subcommittees on Defense on certain matters as directed in the classified 

annex accompanying this Act. 

SEC. 8062. During the current fiscal year, none of the funds 

available to the Department of Defense may be used to provide 

support to another department or agency of the United States 

if such department or agency is more than 90 days in arrears 

in making payment to the Department of Defense for goods or 

services previously provided to such department or agency on a 

reimbursable basis: Provided, That this restriction shall not apply 

if the department is authorized by law to provide support to such 

department or agency on a nonreimbursable basis, and is providing 

the requested support pursuant to such authority: Provided further, 

That the Secretary of Defense may waive this restriction on a 

case-by-case basis by certifying in writing to the Committees on 

Appropriations of the House of Representatives and the Senate 

that it is in the national security interest to do so. 

SEC. 8063. Notwithstanding section 12310(b) of title 10, United 

States Code, a Reserve who is a member of the National Guard 

serving on full-time National Guard duty under section 502(f) of 

title 32, United States Code, may perform duties in support of 

the ground-based elements of the National Ballistic Missile Defense 

System. 

SEC. 8064. None of the funds provided in this Act may be 

used to transfer to any nongovernmental entity ammunition held 

by the Department of Defense that has a center-fire cartridge 

and a United States military nomenclature designation of ‘‘armor 

penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary 

(API)’’, or ‘‘armor-piercing incendiary tracer (API–T)’’, except to 

an entity performing demilitarization services for the Department 

of Defense under a contract that requires the entity to demonstrate 

to the satisfaction of the Department of Defense that armor piercing 

projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant 

to a contract with the Department of Defense or the manufacture 

of ammunition for export pursuant to a License for Permanent 

Export of Unclassified Military Articles issued by the Department 

of State. 

SEC. 8065. Notwithstanding any other provision of law, the 

Chief of the National Guard Bureau, or his designee, may waive 

payment of all or part of the consideration that otherwise would 

be required under section 2667 of title 10, United States Code, 

in the case of a lease of personal property for a period not in 

excess of 1 year to any organization specified in section 508(d) 

of title 32, United States Code, or any other youth, social, or 

fraternal nonprofit organization as may be approved by the Chief 

of the National Guard Bureau, or his designee, on a case-by-case 

basis. 

Waiver authority. 

Time period. 

Arms and 

munitions. 

Waiver authority. 

Certification. 

Classified 

information. 

Deadlines. 

Reports. 

Effective date. 

Waiver authority. 

Certification. 


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125 STAT. 822 PUBLIC LAW 112–74—DEC. 23, 2011 

SEC. 8066. None of the funds appropriated by this Act shall 

be used for the support of any nonappropriated funds activity 

of the Department of Defense that procures malt beverages and 

wine with nonappropriated funds for resale (including such alcoholic 

beverages sold by the drink) on a military installation located 

in the United States unless such malt beverages and wine are 

procured within that State, or in the case of the District of 

Columbia, within the District of Columbia, in which the military 

installation is located: Provided, That in a case in which the military 

installation is located in more than one State, purchases may be 

made in any State in which the installation is located: Provided 

further, That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages only for 

military installations in States which are not contiguous with 

another State: Provided further, That alcoholic beverages other 

than wine and malt beverages, in contiguous States and the District 

of Columbia shall be procured from the most competitive source, 

price and other factors considered. 

(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— 

Grants. 

Fisher House 

Foundation, Inc. 

Applicability. 

Contracts. 

Real property. 

Applicability. 

Alcohol and 

alcoholic 

beverages. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 823 

‘‘§ 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. §§ 1439(b)(4) and 1440(b)(4)). Such 

reimbursements shall be deposited and remain available as provided 

by sections 286(m) and (n) of such Act (8 U.S.C. § 1356(m)). Such 

reimbursements shall be based on actual costs incurred by USCIS 

for processing applications for naturalization, and shall not exceed 

$7,500,000 per fiscal year.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter I of chapter 88 of title 10, United States Code, 

is amended by inserting after the item relating to section 1789 

the following new item: 

‘‘1790. Military personnel citizenship processing.’’. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8071. Of the amounts appropriated in this Act under 

the heading ‘‘Research, Development, Test and Evaluation, DefenseWide’’, $235,700,000 shall be for the Israeli Cooperative Programs: 

Provided, That of this amount, $110,525,000 shall be for the Short 

Range Ballistic Missile Defense (SRBMD) program, including cruise 

missile defense research and development under the SRBMD program, of which $15,000,000 shall be for production activities of 

SRBMD missiles in the United States and in Israel to meet Israel’s 

defense requirements consistent with each nation’s laws, regulations, and procedures, $66,220,000 shall be available for an uppertier component to the Israeli Missile Defense Architecture, and 

$58,955,000 shall be for the Arrow System Improvement Program 

including development of a long range, ground and airborne, detection suite: Provided further, That funds made available under this 

provision for production of missiles and missile components may 

be transferred to appropriations available for the procurement of 

weapons and equipment, to be merged with and to be available 

for the same time period and the same purposes as the appropriation to which transferred: Provided further, That the transfer 

authority provided under this provision is in addition to any other 

transfer authority contained in this Act. 

SEC. 8072. (a) None of the funds available to the Department 

of Defense may be obligated to modify command and control relationships to give Fleet Forces Command operational and administrative control of U.S. Navy forces assigned to the Pacific fleet. 

(b) None of the funds available to the Department of Defense 

may be obligated to modify command and control relationships 

to give United States Transportation Command operational and 

administrative control of C–130 and KC–135 forces assigned to 

the Pacific and European Air Force Commands. 

(c) The command and control relationships in subsections (a) 

and (b) which existed on March 13, 2011, shall remain in force 

unless changes are specifically authorized in a subsequent Act. 


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125 STAT. 824 PUBLIC LAW 112–74—DEC. 23, 2011 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8073. Of the amounts appropriated in this Act under the heading ‘‘Shipbuilding and Conversion, Navy’’, $73,992,000 shall 

be available until September 30, 2012, to fund prior year shipbuilding cost increases: Provided, That upon enactment of this 

Act, the Secretary of the Navy shall transfer funds to the following 

appropriations in the amounts specified: Provided further, That 

the amounts transferred shall be merged with and be available 

for the same purposes as the appropriations to which transferred 

to: 

(1) Under the heading ‘‘Shipbuilding and Conversion, Navy, 

2005/2012’’: LPD–17 Amphibious Transport Dock Program 

$18,627,000; 

(2) Under the heading ‘‘Shipbuilding and Conversion, Navy, 

2006/2012’’: LPD–17 Amphibious Transport Dock Program 

$23,437,000; and 

(3) Under the heading ‘‘Shipbuilding and Conversion, Navy, 

2008/2012’’: LPD–17 Amphibious Transport Dock Program 

$31,928,000. 

(INCLUDING TRANSFER OF FUNDS)

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 

10 USC 221 note. 

Notification. 

Deadlines. 

Reports. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 825 

Operation and Maintenance accounts, and the Procurement 

accounts: Provided, That these documents shall include a description of the funding requested for each contingency operation, for 

each military service, to include all Active and Reserve components, 

and for each appropriations account: Provided further, That these 

documents shall include estimated costs for each element of expense 

or object class, a reconciliation of increases and decreases for each 

contingency operation, and programmatic data including, but not 

limited to, troop strength for each Active and Reserve component, 

and estimates of the major weapons systems deployed in support 

of each contingency: Provided further, That these documents shall 

include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal 

years. 

SEC. 8078. None of the funds in this Act may be used for 

research, development, test, evaluation, procurement or deployment 

of nuclear armed interceptors of a missile defense system. 

(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. 

Waiver authority. 

Determination. 

Notification. 

Deployment. 

Foreign 

intelligence. 

53rd Weather 

Reconnaissance 

Squadron. 

Determination. 

Grants. 


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125 STAT. 826 PUBLIC LAW 112–74—DEC. 23, 2011 

(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 

Applicability. 

Tactical 

unmanned aerial 

vehicles. 

Deadline. 

Reports. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 827 

in any prior fiscal year, and the 1 percent limitation shall apply 

to the total amount of the appropriation. 

(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. 

Certification. 

Deadline. 

Reports. 

50 USC 415a–2 

note. 

Deadline. 

Notification. 

Execution plan. 


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125 STAT. 828 PUBLIC LAW 112–74—DEC. 23, 2011 

SEC. 8093. (a) None of the funds provided for the National 

Intelligence Program in this or any prior appropriations Act shall 

be available for obligation or expenditure through a reprogramming 

or transfer of funds in accordance with section 102A(d) of the 

National Security Act of 1947 (50 U.S.C. 403–1(d)) that— 

(1) creates a new start effort; 

(2) terminates a program with appropriated funding of 

$10,000,000 or more; 

(3) transfers funding into or out of the National Intelligence 

Program; or 

(4) transfers funding between appropriations, 

unless the congressional intelligence committees are notified 30 

days in advance of such reprogramming of funds; this notification 

period may be reduced for urgent national security requirements. 

(b) None of the funds provided for the National Intelligence 

Program in this or any prior appropriations Act shall be available 

for obligation or expenditure through a reprogramming or transfer 

of funds in accordance with section 102A(d) of the National Security 

Act of 1947 (50 U.S.C. 403–1(d)) that results in a cumulative 

increase or decrease of the levels specified in the classified annex 

unless the congressional intelligence committees are notified 30 

days in advance of such reprogramming of funds; this notification 

period may be reduced for urgent national security requirements. 

SEC. 8094. The Director of National Intelligence shall submit 

to Congress each year, at or about the time that the President’s 

budget is submitted to Congress that year under section 1105(a) 

of title 31, United States Code, a future-years intelligence program 

(including associated annexes) reflecting the estimated expenditures 

and proposed appropriations included in that budget. Any such 

future-years intelligence program shall cover the fiscal year with 

respect to which the budget is submitted and at least the four 

succeeding fiscal years. 

SEC. 8095. For the purposes of this Act, the term ‘‘congressional 

intelligence committees’’ means the Permanent Select Committee 

on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defense 

of the Committee on Appropriations of the House of Representatives, 

and the Subcommittee on Defense of the Committee on Appropriations of the Senate. 

SEC. 8096. The Department of Defense shall continue to report 

incremental contingency operations costs for Operation New Dawn 

and Operation Enduring Freedom on a monthly basis in the Cost 

of War Execution Report as prescribed in the Department of Defense 

Financial Management Regulation Department of Defense Instruction 7000.14, Volume 12, Chapter 23 ‘‘Contingency Operations’’, 

Annex 1, dated September 2005. 

(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. 

Reports. 

Deadlines. 

Definition. 

Submission. 

50 USC 415a–9 

note. 

Notification. 

Deadlines. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 829 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8098. Of the funds appropriated in the Intelligence 

Community Management Account for the Program Manager for 

the Information Sharing Environment, $20,000,000 is available for 

transfer by the Director of National Intelligence to other departments and agencies for purposes of Government-wide information 

sharing activities: Provided, That funds transferred under this 

provision are to be merged with and available for the same purposes 

and time period as the appropriation to which transferred: Provided 

further, That the Office of Management and Budget must approve 

any transfers made under this provision. 

SEC. 8099. Funds appropriated by this Act for operation and 

maintenance may be available for the purpose of making remittances to the Defense Acquisition Workforce Development Fund 

in accordance with the requirements of section 1705 of title 10, 

United States Code. 

SEC. 8100. (a) Any agency receiving funds made available in 

this Act, shall, subject to subsections (b) and (c), post on the public 

website of that agency any report required to be submitted by 

the Congress in this or any other Act, upon the determination 

by the head of the agency that it shall serve the national interest. 

(b) Subsection (a) shall not apply to a report if— 

(1) the public posting of the report compromises national 

security; or 

(2) the report contains proprietary information. 

(c) The head of the agency posting such report shall do so 

only after such report has been made available to the requesting 

Committee or Committees of Congress for no less than 45 days. 

SEC. 8101. (a) None of the funds appropriated or otherwise 

made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000, unless the contractor 

agrees not to— 

(1) enter into any agreement with any of its employees 

or independent contractors that requires, as a condition of 

employment, that the employee or independent contractor agree 

to resolve through arbitration any claim under title VII of 

the Civil Rights Act of 1964 or any tort related to or arising 

out of sexual assault or harassment, including assault and 

battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or 

(2) take any action to enforce any provision of an existing 

agreement with an employee or independent contractor that 

mandates that the employee or independent contractor resolve 

through arbitration any claim under title VII of the Civil Rights 

Act of 1964 or any tort related to or arising out of sexual 

assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or 

negligent hiring, supervision, or retention. 

(b) None of the funds appropriated or otherwise made available 

by this Act may be expended for any Federal contract unless the 

contractor certifies that it requires each covered subcontractor to 

agree not to enter into, and not to take any action to enforce 

any provision of, any agreement as described in paragraphs (1) 

and (2) of subsection (a), with respect to any employee or independent contractor performing work related to such subcontract. 

For purposes of this subsection, a ‘‘covered subcontractor’’ is an 

Certification. 

Contracts. 

Time period. 

Web posting. 

Reports. 


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125 STAT. 830 PUBLIC LAW 112–74—DEC. 23, 2011 

entity that has a subcontract in excess of $1,000,000 on a contract 

subject to subsection (a). 

(c) The prohibitions in this section do not apply with respect 

to a contractor’s or subcontractor’s agreements with employees or 

independent contractors that may not be enforced in a court of 

the United States. 

(d) The Secretary of Defense may waive the application of 

subsection (a) or (b) to a particular contractor or subcontractor 

for the purposes of a particular contract or subcontract if the 

Secretary or the Deputy Secretary personally determines that the 

waiver is necessary to avoid harm to national security interests 

of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. The 

determination shall set forth with specificity the grounds for the 

waiver and for the contract or subcontract term selected, and shall 

state any alternatives considered in lieu of a waiver and the reasons 

each such alternative would not avoid harm to national security 

interests of the United States. The Secretary of Defense shall 

transmit to Congress, and simultaneously make public, any determination under this subsection not less than 15 business days 

before the contract or subcontract addressed in the determination 

may be awarded. 

SEC. 8102. (a)(1) No National Intelligence Program funds appropriated in this Act may be used for a mission critical or mission 

essential business management information technology system that 

is not registered with the Director of National Intelligence. A system 

shall be considered to be registered with that officer upon the 

furnishing notice of the system, together with such information 

concerning the system as the Director of the Business Transformation Office may prescribe. 

(2) During the fiscal year 2012 no funds may be obligated 

or expended for a financial management automated information 

system, a mixed information system supporting financial and nonfinancial systems, or a business system improvement of more than 

$3,000,000, within the Intelligence Community without the approval 

of the Business Transformation Investment Review Board. 

(b) This section shall not apply to any programmatic or analytic 

systems or programmatic or analytic system improvements. 

SEC. 8103. None of the funds made available under this Act 

may be distributed to the Association of Community Organizations 

for Reform Now (ACORN) or its subsidiaries. 

(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 

ACORN. 

Notice. 

Public 

information. 

Deadline. 

Waiver authority. 

Determination. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 831 

section 706 of Public Law 110–417: Provided further, That additional funds may be transferred from funds appropriated for operation and maintenance for the Defense Health Program to the 

Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the 

Secretary of Defense to the Committees on Appropriations of the 

House of Representatives and the Senate. 

SEC. 8105. Section 310(b) of the Supplemental Appropriations 

Act, 2009 (Public Law 111–32; 124 Stat. 1871), as amended by 

Public Law 112–10, is amended by striking ‘‘2 years’’ both places 

it appears and inserting ‘‘3 years’’. 

SEC. 8106. The Office of the Director of National Intelligence 

shall not employ more Senior Executive employees than are specified in the classified annex: Provided, That not later than 90 days 

after the enactment of this Act, the Director of National Intelligence 

shall submit to the congressional intelligence committees the Office 

of the Director of National Intelligence strategic human capital 

plan and the Office of Director of National Intelligence current 

and future grade structure, to include General Schedule 15 positions. 

SEC. 8107. None of the funds appropriated or otherwise made 

available by this Act may be obligated or expended to pay a retired 

general or flag officer to serve as a senior mentor advising the 

Department of Defense unless such retired officer files a Standard 

Form 278 (or successor form concerning public financial disclosure 

under part 2634 of title 5, Code of Federal Regulations) to the 

Office of Government Ethics. 

SEC. 8108. Appropriations available to the Department of 

Defense may be used for the purchase of heavy and light armored 

vehicles for the physical security of personnel or for force protection 

purposes up to a limit of $250,000 per vehicle, notwithstanding 

price or other limitations applicable to the purchase of passenger 

carrying vehicles. 

SEC. 8109. The Inspector General of the Department of Defense 

shall conduct a review of Anti-deficiency Act violations and their 

causes in the Department of Defense Military Personnel accounts. 

Based on the findings of the review, the Inspector General shall 

submit to the congressional defense committees a report containing 

the results of the review and recommendations for corrective actions 

to be implemented. 

SEC. 8110. Of the amounts appropriated for ‘‘Operation and 

Maintenance, Defense-Wide’’, $33,000,000 shall be available to the 

Secretary of Defense, notwithstanding any other provision of law, 

acting through the Office of Economic Adjustment of the Department of Defense, to make grants, conclude cooperative agreements, 

and supplement other Federal funds, to remain available until 

expended, to assist the civilian population of Guam in response 

to the military buildup of Guam, to include addressing the need 

for vehicles and supplies for civilian student transportation, 

preservation and repository of artifacts unearthed during military 

construction, and construction of a mental health and substance 

abuse facility: Provided, That the Secretary of Defense shall, not 

fewer than 15 days prior to obligating funds for this purpose, 

notify the congressional defense committees in writing of the details 

of any such obligation. 

SEC. 8111. None of the funds made available by this Act may 

be used by the Secretary of Defense to take beneficial occupancy 

Deadline. 

Notification. 

Grants. 

Contracts. 

Guam. 

Review. 

Reports. 

Recommendations. 

Deadline. 

Strategic plan. 

Notification. 


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125 STAT. 832 PUBLIC LAW 112–74—DEC. 23, 2011 

of more than 2,000 parking spaces (other than handicap-reserved 

spaces) to be provided by the BRAC 133 project: Provided, That 

this limitation may be waived in part if: (1) the Secretary of Defense 

certifies to Congress that levels of service at existing intersections 

in the vicinity of the project have not experienced failing levels 

of service as defined by the Transportation Research Board Highway 

Capacity Manual over a consecutive 90-day period; (2) the Department of Defense and the Virginia Department of Transportation 

agree on the number of additional parking spaces that may be 

made available to employees of the facility subject to continued 

90-day traffic monitoring; and (3) the Secretary of Defense notifies 

the congressional defense committees in writing at least 14 days 

prior to exercising this waiver of the number of additional parking 

spaces to be made available: Provided further, That the Secretary 

of Defense shall implement the Department of Defense Inspector 

General recommendations outlined in report number DODIG–2012– 

024, and certify to Congress not later than 180 days after enactment 

of this Act that the recommendations have been implemented. 

SEC. 8112. (a) None of the funds provided in this title for 

Operation and Maintenance may be available for obligation or 

expenditure to relocate Air Force program offices, or acquisition 

management functions of major weapons systems, to a central location, or to any location other than the Air Force Material Command 

site where they are currently located until 30 days after the Secretary of the Air Force submits the initial report under subsection 

(b). 

(b) The Secretary of the Air Force shall submit to the congressional defense committees a report which includes the following: 

a listing of all Air Force Material Command functions to be transferred and an identification of the locations where these functions 

will be transferred from and to; a listing of all Air Force Material 

Command personnel positions to be transferred and an identification of the locations these positions will be transferred from and 

to; and the cost benefit analysis and the life-cycle cost analysis 

underpinning the Secretary of the Air Force’s decision to relocate 

Air Force Material Command functions and personnel. 

SEC. 8113. Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall resume quarterly 

reporting of the numbers of civilian personnel end strength by 

appropriation account for each and every appropriation account 

used to finance Federal civilian personnel salaries to the congressional defense committees within 15 days after the end of each 

fiscal quarter. 

SEC. 8114. In addition to amounts provided elsewhere in this 

Act, $10,000,000 is hereby appropriated, for an additional amount 

for ‘‘Research, Development, Test and Evaluation, Army’’, to remain 

available until September 30, 2013. Such funds may be available 

for the Secretary of the Army to conduct research on alternative 

energy resources for deployed forces. 

SEC. 8115. The Secretary of Defense shall study and report 

to the Congressional Defense Committees the feasibility of using 

commercially available telecommunications expense management 

solutions across the Department of Defense by March 1, 2012. 

SEC. 8116. None of the funds appropriated in this or any 

other Act may be used to plan, prepare for, or otherwise take 

any action to undertake or implement the separation of the National 

Study. 

Reports. 

Deadline. 

Deadlines. 

Reports. 

Reports. 

Deadline. 

Recommendations. 

Certification. 

Deadline. 

Waiver authority. 

Certification. 

Notification. 

Deadline. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 833 

Intelligence Program budget from the Department of Defense 

budget. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8117. Upon a determination by the Director of National 

Intelligence that such action is necessary and in the national 

interest, the Director may, with the approval of the Office of 

Management and Budget, transfer not to exceed $2,000,000,000 

of the funds made available in this Act for the National Intelligence 

Program: Provided, That such authority to transfer may not be 

used unless for higher priority items, based on unforeseen intelligence requirements, than those for which originally appropriated 

and in no case where the item for which funds are requested 

has been denied by the Congress: Provided further, That a request 

for multiple reprogrammings of funds using authority provided 

in this section shall be made prior to June 30, 2012. 

(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— 

Cuba. 

Certification. 

Deadline. 

Khalid Sheikh 

Mohammed. 

Detainees. 

Cuba. 

Determination. 

Grants. 

Contracts. 

Reprogramming 

request. 

Deadline. 

Determination. 


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125 STAT. 834 PUBLIC LAW 112–74—DEC. 23, 2011 

(A) an order affecting the disposition of the individual 

that is issued by a court or competent tribunal of the United 

States having lawful jurisdiction (which the Secretary shall 

notify Congress of promptly after issuance); or 

(B) a pre-trial agreement entered in a military commission 

case prior to the date of the enactment of this Act. 

(b) A certification described in this subsection is a written 

certification made by the Secretary of Defense, with the concurrence 

of the Secretary of State and in consultation with the Director 

of National Intelligence, that— 

(1) the government of the foreign country or the recognized 

leadership of the foreign entity to which the individual detained 

at Guantanamo is to be transferred— 

(A) is not a designated state sponsor of terrorism or 

a designated foreign terrorist organization; 

(B) maintains control over each detention facility in 

which the individual is to be detained if the individual 

is to be housed in a detention facility; 

(C) is not, as of the date of the certification, facing 

a threat that is likely to substantially affect its ability 

to exercise control over the individual; 

(D) has taken or agreed to take effective actions to 

ensure that the individual cannot take action to threaten 

the United States, its citizens, or its allies in the future; 

(E) has taken or agreed to take such actions as the 

Secretary of Defense determines are necessary to ensure 

that the individual cannot engage or reengage in any terrorist activity; and 

(F) has agreed to share with the United States any 

information that— 

(i) is related to the individual or any associates 

of the individual; and 

(ii) could affect the security of the United States, 

its citizens, or its allies; and 

(2) includes an assessment, in classified or unclassified 

form, of the capacity, willingness, and past practices (if 

applicable) of the foreign country or entity in relation to the 

Secretary’s certifications. 

(c)(1) Except as provided in paragraph (2) and subsection (d), 

none of the funds appropriated or otherwise made available in 

this or any other Act may be used to transfer any individual 

detained at Guantanamo to the custody or control of the individual’s 

country of origin, any other foreign country, or any other foreign 

entity if there is a confirmed case of any individual who was 

detained at United States Naval Station, Guantanamo Bay, Cuba, 

at any time after September 11, 2001, who was transferred to 

such foreign country or entity and subsequently engaged in any 

terrorist activity. 

(2) Paragraph (1) shall not apply to any action taken by the 

Secretary to transfer any individual detained at Guantanamo to 

effectuate— 

(A) an order affecting the disposition of the individual 

that is issued by a court or competent tribunal of the United 

States having lawful jurisdiction (which the Secretary shall 

notify Congress of promptly after issuance); or 

(B) a pre-trial agreement entered in a military commission 

case prior to the date of the enactment of this Act. 

Notification. 

Cuba. 

Notification. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 835 

(d)(1) The Secretary of Defense may waive the applicability 

to a detainee transfer of a certification requirement specified in 

subparagraph (D) or (E) of subsection (b)(1) or the prohibition 

in subsection (c), if the Secretary certifies the rest of the criteria 

required by subsection (b) for transfers prohibited by (c) and, with 

the concurrence of the Secretary of State and in consultation with 

the Director of National Intelligence, determines that— 

(A) alternative actions will be taken to address the underlying purpose of the requirement or requirements to be waived; 

(B) in the case of a waiver of subparagraph (D) or (E) 

of subsection (b)(1), it is not possible to certify that the risks 

addressed in the paragraph to be waived have been completely 

eliminated, but the actions to be taken under subparagraph 

(A) will substantially mitigate such risks with regard to the 

individual to be transferred; 

(C) in the case of a waiver of subsection (c), the Secretary 

has considered any confirmed case in which an individual who 

was transferred to the country subsequently engaged in terrorist activity, and the actions to be taken under subparagraph 

(A) will substantially mitigate the risk of recidivism with regard 

to the individual to be transferred; and 

(D) the transfer is in the national security interests of 

the United States. 

(2) Whenever the Secretary makes a determination under paragraph (1), the Secretary shall submit to the appropriate committees 

of Congress, not later than 30 days before the transfer of the 

individual concerned, the following: 

(A) A copy of the determination and the waiver concerned. 

(B) A statement of the basis for the determination, 

including— 

(i) an explanation why the transfer is in the national 

security interests of the United States; and 

(ii) in the case of a waiver of subparagraph (D) or 

(E) of subsection (b)(1), an explanation why it is not possible 

to certify that the risks addressed in the subparagraph 

to be waived have been completely eliminated. 

(C) A summary of the alternative actions to be taken to 

address the underlying purpose of, and to mitigate the risks 

addressed in, the subparagraph or subsection to be waived. 

(D) The assessment required by subsection (b)(2). 

(e) In this section: 

(1) The term ‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Armed Services, the Committee 

on Appropriations, and the Select Committee on Intelligence of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Appropriations, and the Permanent Select Committee 

on Intelligence of the House of Representatives. 

(2) The term ‘‘individual detained at Guantanamo’’ means 

any individual located at United States Naval Station, Guantanamo Bay, Cuba, as of October 1, 2009, who— 

(A) is not a citizen of the United States or a member 

of the Armed Forces of the United States; and 

(B) is— 

(i) in the custody or under the control of the 

Department of Defense; or 

Definitions. 

Deadline. 

Submissions. 

Waiver authority. 

Certification. 

Determination. 


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125 STAT. 836 PUBLIC LAW 112–74—DEC. 23, 2011 

(ii) otherwise under detention at United States 

Naval Station, Guantanamo Bay, Cuba. 

(3) The term ‘‘foreign terrorist organization’’ means any 

organization so designated by the Secretary of State under 

section 219 of the Immigration and Nationality Act (8 U.S.C. 

1189). 

SEC. 8121. (a) None of the funds appropriated or otherwise 

made available in this or any other Act may be used to construct, 

acquire, or modify any facility in the United States, its territories, 

or possessions to house any individual described in subsection (c) 

for the purposes of detention or imprisonment in the custody or 

under the effective control of the Department of Defense. 

(b) The prohibition in subsection (a) shall not apply to any 

modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. 

(c) An individual described in this subsection is any individual 

who, as of June 24, 2009, is located at United States Naval Station, 

Guantanamo Bay, Cuba, and who— 

(1) is not a citizen of the United States or a member 

of the Armed Forces of the United States; and 

(2) is— 

(A) in the custody or under the effective control of 

the Department of Defense; or 

(B) otherwise under detention at United States Naval 

Station, Guantanamo Bay, Cuba. 

SEC. 8122. Of the funds made available to the Department 

of Defense under ‘‘Operation and Maintenance, Defense-Wide’’ in 

title II, $1,000,000 may be available to the Department to competitively commission an independent assessment of the current and 

prospective situation on the ground in Afghanistan and Pakistan, 

including the strategic environment in and around Afghanistan 

and Pakistan; the security, political, and economic and reconstruction developments in those two countries; and relevant policy recommendations relating thereto. 

SEC. 8123. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the 

congressional defense committees a report on the approximately 

$100,000,000,000 in efficiency savings identified by the military 

departments in the defense budget covering fiscal years 2012 

through 2016 that are to be reinvested in the priorities of the 

military departments. Such report shall include an analysis of— 

(1) each savings identified by the military departments, 

including— 

(A) the budget account from which such savings will 

be derived; 

(B) the number of military personnel and full-time 

civilian employees of the Federal Government affected by 

such savings; 

(C) the estimated reductions in the number and 

funding of contractor personnel caused by such savings; 

and 

(D) a specific description of activities or services that 

will be affected by such savings, including the locations 

of such activities or services; and 

(2) each reinvestment planned to be funded with such 

savings, including— 

Deadline. 

Reports. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 837 

(A) with respect to such reinvestment in procurement 

and research, development, test and evaluation accounts, 

the budget account to which such savings will be 

reinvested, including, by line item, the number of items 

to be procured, as shown in annual P–1 and R–1 documents; 

(B) with respect to such reinvestment in military personnel and operation and maintenance accounts, the budget 

account and the subactivity (as shown in annual–1 and 

O–1 budget documents) to which such savings will be 

reinvested; 

(C) the number of military personnel and full-time 

civilian employees of the Federal Government affected by 

such reinvestment; 

(D) the estimated number and funding of contractor 

personnel affected by such reinvestment; and 

(E) a specific description of activities or services that 

will be affected by such reinvestment, including the locations of such activities or services. 

SEC. 8124. None of the funds made available by this Act may 

be used to enter into a contract, memorandum of understanding, 

or cooperative agreement with, make a grant to, or provide a 

loan or loan guarantee to, any corporation that any unpaid Federal 

tax liability that has been assessed, for which all judicial and 

administrative remedies have been exhausted or have lapsed, and 

that is not being paid in a timely manner pursuant to an agreement 

with the authority responsible for collecting the tax liability, where 

the awarding agency is aware of the unpaid tax liability, unless 

the agency has considered suspension or debarment of the corporation and made a determination that this further action is not 

necessary to protect the interests of the Government. 

SEC. 8125. None of the funds made available by this Act may 

be used to enter into a contract, memorandum of understanding, 

or cooperative agreement with, make a grant to, or provide a 

loan or loan guarantee to, any corporation that was convicted of 

a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the 

conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further 

action is not necessary to protect the interests of the Government. 

(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 

Notification. 

Deadline. 

Corporations. 

Criminal 

violation. 

Determination. 

Corporations. 

Tax liability. 

Determination. 


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125 STAT. 838 PUBLIC LAW 112–74—DEC. 23, 2011 

period as the appropriations to which the funds are transferred: 

Provided further, That this transfer authority is in addition to 

any other transfer authority provided in this Act. 

SEC. 8127. None of the funds made available by this Act may 

be used in contravention of section 1590 or 1591 of title 18, United 

States Code, or in contravention of the requirements of section 

106(g) or (h) of the Trafficking Victims Protection Act of 2000 

(22 U.S.C. 7104(g) or (h)). 

SEC. 8128. None of the funds made available by this Act for 

international military education and training, foreign military 

financing, excess defense articles, assistance under section 1206 

of the National Defense Authorization Act for Fiscal Year 2006 

(Public Law 109–163; 119 Stat. 3456), issuance for direct commercial sales of military equipment, or peacekeeping operations for 

the countries of Chad, Yemen, Somalia, Sudan, Democratic Republic 

of the Congo, and Burma may be used to support any military 

training or operations that include child soldiers, as defined by 

the Child Soldiers Prevention Act of 2008, and except if such assistance is otherwise permitted under section 404 of the Child Soldiers 

Prevention Act of 2008 (Public Law 110–457; 22 U.S.C. 2370c– 

1). 

SEC. 8129. None of the funds made available by this Act may 

be used in contravention of the War Powers Resolution (50 U.S.C. 

1541 et seq.). 

TITLE IX 

OVERSEAS CONTINGENCY OPERATIONS 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

For an additional amount for ‘‘Military Personnel, Army’’, 

$7,195,335,000: Provided, That such amounts in this paragraph 

are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) 

of the Balanced Budget and Emergency Deficit Control Act of 1985. 

MILITARY PERSONNEL, NAVY

For an additional amount for ‘‘Military Personnel, Navy’’, 

$1,259,234,000: Provided, That such amounts in this paragraph 

are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) 

of the Balanced Budget and Emergency Deficit Control Act of 1985. 

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. 

Country listing. 

Child soldiers. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 839 

MILITARY PERSONNEL, AIR FORCE

For an additional amount for ‘‘Military Personnel, Air Force’’, 

$1,492,381,000: Provided, That such amounts in this paragraph 

are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) 

of the Balanced Budget and Emergency Deficit Control Act of 1985. 

RESERVE PERSONNEL, ARMY

For an additional amount for ‘‘Reserve Personnel, Army’’, 

$207,162,000: Provided, That such amounts in this paragraph are 

designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

RESERVE PERSONNEL, NAVY

For an additional amount for ‘‘Reserve Personnel, Navy’’, 

$44,530,000: Provided, That such amounts in this paragraph are 

designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

RESERVE PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Reserve Personnel, Marine 

Corps’’, $25,421,000: Provided, That such amounts in this paragraph 

are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) 

of the Balanced Budget and Emergency Deficit Control Act of 1985. 

RESERVE PERSONNEL, AIR FORCE

For an additional amount for ‘‘Reserve Personnel, Air Force’’ 

$26,815,000: Provided, That such amounts in this paragraph are 

designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

NATIONAL GUARD PERSONNEL, ARMY

For an additional amount for ‘‘National Guard Personnel, 

Army’’, $664,579,000: Provided, That such amounts in this paragraph are designated by the Congress for Overseas Contingency 

Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

NATIONAL GUARD PERSONNEL, AIR FORCE

For an additional amount for ‘‘National Guard Personnel, Air 

Force’’, $9,435,000: Provided, That such amounts in this paragraph 

are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) 

of the Balanced Budget and Emergency Deficit Control Act of 1985. 


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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 postoperation Iraq border security related to the activities of the Office 

of Security Cooperation in Iraq, notwithstanding any other provision 

of law: Provided further, That such reimbursement payments may 

be made in such amounts as the Secretary of Defense, with the 

concurrence of the Secretary of State, and in consultation with 

the Director of the Office of Management and Budget, may determine, in his discretion, based on documentation determined by 

Notification. 


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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 

Deadlines. 

Reports. 

Notification. 


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125 STAT. 842 PUBLIC LAW 112–74—DEC. 23, 2011 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, Air National Guard’’, $34,050,000: Provided, That such amounts 

in this paragraph are designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

AFGHANISTAN INFRASTRUCTURE FUND

(INCLUDING TRANSFER OF FUNDS)

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 

Deadline. 

Notification. 

Determination. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 843 

in writing of the details of any such transfer: Provided further, 

That the ‘‘appropriate committees of Congress’’ are the Committees 

on Armed Services, Foreign Relations and Appropriations of the 

Senate and the Committees on Armed Services, Foreign Affairs 

and Appropriations of the House of Representatives: Provided further, That such amounts in this paragraph are designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

AFGHANISTAN SECURITY FORCES FUND

For the ‘‘Afghanistan Security Forces Fund’’, $11,200,000,000, 

to remain available until September 30, 2013: Provided, That such 

funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing 

the Commander, Combined Security Transition Command— 

Afghanistan, or the Secretary’s designee, to provide assistance, 

with the concurrence of the Secretary of State, to the security 

forces of Afghanistan, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, and construction, and funding: Provided further, That the 

authority to provide assistance under this heading is in addition 

to any other authority to provide assistance to foreign nations: 

Provided further, That contributions of funds for the purposes provided herein from any person, foreign government, or international 

organization may be credited to this Fund and used for such purposes: Provided further, That the Secretary of Defense shall notify 

the congressional defense committees in writing upon the receipt 

and upon the obligation of any contribution, delineating the sources 

and amounts of the funds received and the specific use of such 

contributions: Provided further, That the Secretary of Defense shall, 

not fewer than 15 days prior to obligating from this appropriation 

account, notify the congressional defense committees in writing 

of the details of any such obligation: Provided further, That the 

Secretary of Defense shall notify the congressional defense committees of any proposed new projects or transfer of funds between 

budget sub-activity groups in excess of $20,000,000: Provided further, That such amounts in this paragraph are designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

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. 

Deadline. 

Notification. 

Notification. 


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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. 


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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 


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125 STAT. 846 PUBLIC LAW 112–74—DEC. 23, 2011 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

PROCUREMENT, DEFENSE-WIDE

For an additional amount for ‘‘Procurement, Defense-Wide’’, 

$405,768,000, to remain available until September 30, 2014: Provided, That such amounts in this paragraph are designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

NATIONAL GUARD 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. 

Deadline. 

Notification. 

Deadline. 

Assessment. 


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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 


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125 STAT. 848 PUBLIC LAW 112–74—DEC. 23, 2011 

Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

For an additional amount for ‘‘Drug Interdiction and CounterDrug Activities, Defense’’, $456,458,000, to remain available until 

September 30, 2013: Provided, That such amounts in this paragraph 

are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) 

of the Balanced Budget and Emergency Deficit Control Act of 1985. 

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

(INCLUDING TRANSFER OF FUNDS)

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. 

Deadline. 

Notification. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 849 

(INCLUDING TRANSFER OF FUNDS)

SEC. 9002. Upon the determination of the Secretary of Defense 

that such action is necessary in the national interest, the Secretary 

may, with the approval of the Office of Management and Budget, 

transfer up to $4,000,000,000 between the appropriations or funds 

made available to the Department of Defense in this title: Provided, 

That the Secretary shall notify the Congress promptly of each 

transfer made pursuant to the authority in this section: Provided 

further, That the authority provided in this section is in addition 

to any other transfer authority available to the Department of 

Defense and is subject to the same terms and conditions as the 

authority provided in the Department of Defense Appropriations 

Act, 2012. 

SEC. 9003. Supervision and administration costs associated with 

a construction project funded with appropriations available for operation and maintenance, ‘‘Afghanistan Infrastructure Fund’’, or the 

‘‘Afghanistan Security Forces Fund’’ provided in this Act and 

executed in direct support of overseas contingency operations in 

Afghanistan, may be obligated at the time a construction contract 

is awarded: Provided, That for the purpose of this section, supervision and administration costs include all in-house Government 

costs. 

SEC. 9004. From funds made available in this title, the Secretary of Defense may purchase for use by military and civilian 

employees of the Department of Defense in the U.S. Central Command area of responsibility: (a) passenger motor vehicles up to 

a limit of $75,000 per vehicle; and (b) heavy and light armored 

vehicles for the physical security of personnel or for force protection 

purposes up to a limit of $250,000 per vehicle, notwithstanding 

price or other limitations applicable to the purchase of passenger 

carrying vehicles. 

SEC. 9005. Not to exceed $400,000,000 of the amount appropriated in this title under the heading ‘‘Operation and Maintenance, 

Army’’ may be used, notwithstanding any other provision of law, 

to fund the Commander’s Emergency Response Program (CERP), 

for the purpose of enabling military commanders in Afghanistan 

to respond to urgent, small-scale, humanitarian relief and 

reconstruction requirements within their areas of responsibility: 

Provided, That each project (including any ancillary or related 

elements in connection with such project) executed under this 

authority shall not exceed $20,000,000: Provided further, That not 

later than 45 days after the end of each fiscal year quarter, the 

Secretary of Defense shall submit to the congressional defense 

committees a report regarding the source of funds and the allocation 

and use of funds during that quarter that were made available 

pursuant to the authority provided in this section or under any 

other provision of law for the purposes described herein: Provided 

further, That, not later than 30 days after the end of each month, 

the Army shall submit to the congressional defense committees 

monthly commitment, obligation, and expenditure data for the Commander’s Emergency Response Program in Afghanistan: Provided 

further, That not less than 15 days before making funds available 

pursuant to the authority provided in this section or under any 

other provision of law for the purposes described herein for a 

project with a total anticipated cost for completion of $5,000,000 

Notice. 

Data 

submissions. 

Reports. 

Deadlines. 

Notification. 

Determination. 


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125 STAT. 850 PUBLIC LAW 112–74—DEC. 23, 2011 

or more, the Secretary shall submit to the congressional defense 

committees a written notice containing each of the following: 

(1) The location, nature and purpose of the proposed project, 

including how the project is intended to advance the military 

campaign plan for the country in which it is to be carried 

out. 

(2) The budget, implementation timeline with milestones, 

and completion date for the proposed project, including any 

other CERP funding that has been or is anticipated to be 

contributed to the completion of the project. 

(3) A plan for the sustainment of the proposed project, 

including the agreement with either the host nation, a nonDepartment of Defense agency of the United States Government 

or a third-party contributor to finance the sustainment of the 

activities and maintenance of any equipment or facilities to 

be provided through the proposed project. 

SEC. 9006. Funds available to the Department of Defense for 

operation and maintenance may be used, notwithstanding any other 

provision of law, to provide supplies, services, transportation, 

including airlift and sealift, and other logistical support to coalition 

forces supporting military and stability operations in Iraq and 

Afghanistan: Provided, That the Secretary of Defense shall provide 

quarterly reports to the congressional defense committees regarding 

support provided under this section. 

SEC. 9007. None of the funds appropriated or otherwise made 

available by this or any other Act shall be obligated or expended 

by the United States Government for a purpose as follows: 

(1) To establish any military installation or base for the 

purpose of providing for the permanent stationing of United 

States Armed Forces in Iraq. 

(2) To exercise United States control over any oil resource 

of Iraq. 

(3) To establish any military installation or base for the 

purpose of providing for the permanent stationing of United 

States Armed Forces in Afghanistan. 

SEC. 9008. None of the funds made available in this Act may 

be used in contravention of the following laws enacted or regulations 

promulgated to implement the United Nations Convention Against 

Torture and Other Cruel, Inhuman or Degrading Treatment or 

Punishment (done at New York on December 10, 1984): 

(1) Section 2340A of title 18, United States Code. 

(2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277; 112 

Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed 

thereto, including regulations under part 208 of title 8, Code 

of Federal Regulations, and part 95 of title 22, Code of Federal 

Regulations. 

(3) Sections 1002 and 1003 of the Department of Defense, 

Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 

2006 (Public Law 109–148). 

SEC. 9009. None of the funds provided for the ‘‘Afghanistan 

Security Forces Fund’’ (ASFF) may be obligated prior to the 

approval of a financial and activity plan by the Afghanistan 

Resources Oversight Council (AROC) of the Department of Defense: 

Provided, That the AROC must approve the requirement and 

acquisition plan for any service requirements in excess of 

Iraq. 

Afghanistan. 

Deadlines. 

Reports. 

Plans. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 851 

$50,000,000 annually and any non-standard equipment requirements in excess of $100,000,000 using ASFF: Provided further, 

That the AROC must approve all projects and the execution plan 

under the ‘‘Afghanistan Infrastructure Fund’’ (AIF) and any project 

in excess of $5,000,000 from the Commanders Emergency Response 

Program (CERP): Provided further, That the Department of Defense 

must certify to the congressional defense committees that the AROC 

has convened and approved a process for ensuring compliance with 

the requirements in the preceding provisos and accompanying report 

language for the ASFF, AIF, and CERP. 

SEC. 9010. (a) FUNDING FOR OUTREACH AND REINTEGRATION

SERVICES UNDER YELLOW RIBBON REINTEGRATION PROGRAM.—Of 

the amounts appropriated or otherwise made available by title 

IX, up to $20,000,000 may be available for outreach and reintegration services under the Yellow Ribbon Reintegration Program under 

section 582(h) of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 125; 10 U.S.C. 10101 

note). 

(b) SUPPLEMENT NOT SUPPLANT.—The amount made available 

by subsection (a) for the services described in that subsection is 

in addition to any other amounts available in this Act for such 

services. 

SEC. 9011. Funds made available in this title to the Department 

of Defense for operation and maintenance may be used to purchase 

items having an investment unit cost of not more than $250,000: 

Provided, That, upon determination by the Secretary of Defense 

that such action is necessary to meet the operational requirements 

of a Commander of a Combatant Command engaged in contingency 

operations overseas, such funds may be used to purchase items 

having an investment item unit cost of not more than $500,000. 

SEC. 9012. Notwithstanding any other provision of law, up 

to $150,000,000 of funds made available in this title under the 

heading ‘‘Operation and Maintenance, Army’’ may be obligated and 

expended for purposes of the Task Force for Business and Stability 

Operations, subject to the direction and control of the Secretary 

of Defense, with concurrence of the Secretary of State, to carry 

out strategic business and economic assistance activities in Afghanistan in support of Operation Enduring Freedom: Provided, That 

not less than 15 days before making funds available pursuant 

to the authority provided in this section for any project with a 

total anticipated cost of $5,000,000 or more, the Secretary shall 

submit to the congressional defense committees a written notice 

containing a detailed justification and timeline for each proposed 

project. 

SEC. 9013. From funds made available to the Department of 

Defense in this title under the heading ‘‘Operation and Maintenance, Air Force’’ up to $524,000,000 may be used by the Secretary 

of Defense, notwithstanding any other provision of law, to support 

United States Government transition activities in Iraq by funding 

the operations and activities of the Office of Security Cooperation 

in Iraq and security assistance teams, including life support, 

transportation and personal security, and facilities renovation and 

construction: Provided, That not less than 15 days before making 

funds available pursuant to the authority provided in this section, 

the Secretary shall submit to the congressional defense committees 

a written notice containing a detailed justification and timeline 

for each proposed site. 

Deadline. 

Notice. 

Deadline. 

Notice. 

Determination. 

Certification. 


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125 STAT. 852 PUBLIC LAW 112–74—DEC. 23, 2011 

SEC. 9014. The amounts appropriated in title IX of this Act 

are hereby reduced by $4,042,500,000 to reflect reduced troop 

strength in theater: Provided, That the reductions shall be applied 

to the military personnel and operation and maintenance appropriations only: Provided further, That the Secretary of Defense shall, 

not fewer than 15 days prior to reducing funds for this purpose, 

notify the congressional defense committees in writing of the details 

of any such reduction by appropriation and budget line item. 

SEC. 9015. Of the funds appropriated in Department of Defense 

Appropriations Acts, the following funds are hereby rescinded from 

the following accounts and programs in the specified amounts: 

Provided, That such amounts are designated by the Congress for 

Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 

Deficit Control Act of 1985: 

‘‘Overseas Contingency Operations Transfer Fund, 2010’’, 

$356,810,000; 

‘‘Procurement of Ammunition, Army, 2010/2012’’, 

$21,000,000; 

‘‘Other Procurement, Air Force, 2010/2012’’, $2,250,000. 

This division may be cited as the ‘‘Department of Defense 

Appropriations Act, 2012’’. 

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. 

Energy and 

Water 

Development and 

Related Agencies 

Appropriations 

Act, 2012. 

Deadline. 

Notification. 

Applicability. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 853 

CONSTRUCTION

For expenses necessary for the construction of river and harbor, 

flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for 

conducting detailed studies, and plans and specifications, of such 

projects (including those involving participation by States, local 

governments, or private groups) authorized or made eligible for 

selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to 

construction); $1,694,000,000, to remain available until expended; 

of which such sums as are necessary to cover the Federal share 

of construction costs for facilities under the Dredged Material Disposal Facilities program shall be derived from the Harbor Maintenance Trust Fund as authorized by Public Law 104–303; and of 

which such sums as are necessary to cover one-half of the costs 

of construction, replacement, rehabilitation, and expansion of inland 

waterways projects (including only Olmsted Lock and Dam, Ohio 

River, Illinois and Kentucky; Emsworth Locks and Dam, Ohio River, 

Pennsylvania; Lock and Dams 2, 3, and 4, Monongahela River, 

Pennsylvania; and Lock and Dam 27, Mississippi River, Illinois) 

shall be derived from the Inland Waterways Trust Fund. 

MISSISSIPPI RIVER AND TRIBUTARIES

For expenses necessary for flood damage reduction projects 

and related efforts in the Mississippi River alluvial valley below 

Cape Girardeau, Missouri, as authorized by law, $252,000,000, to 

remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for inland harbors shall be derived from the Harbor 

Maintenance Trust Fund. 

OPERATION AND MAINTENANCE

For expenses necessary for the operation, maintenance, and 

care of existing river and harbor, flood and storm damage reduction, 

aquatic ecosystem restoration, and related projects authorized by 

law; providing security for infrastructure owned or operated by 

the Corps, including administrative buildings and laboratories; 

maintaining harbor channels provided by a State, municipality, 

or other public agency that serve essential navigation needs of 

general commerce, where authorized by law; surveying and charting 

northern and northwestern lakes and connecting waters; clearing 

and straightening channels; and removing obstructions to navigation, $2,412,000,000, to remain available until expended, of which 

such sums as are necessary to cover the Federal share of eligible 

operation and maintenance costs for coastal harbors and channels, 

and for inland harbors shall be derived from the Harbor Maintenance Trust Fund; of which such sums as become available from 

the special account for the Corps of Engineers established by the 

Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l– 

6a(i)) shall be derived from that account for resource protection, 

research, interpretation, and maintenance activities related to 

resource protection in the areas at which outdoor recreation is 

available; and of which such sums as become available from fees 

collected under section 217 of Public Law 104–303 shall be used 

to cover the cost of operation and maintenance of the dredged 


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125 STAT. 854 PUBLIC LAW 112–74—DEC. 23, 2011 

material disposal facilities for which such fees have been collected: 

Provided, That 1 percent of the total amount of funds provided 

for each of the programs, projects or activities funded under this 

heading shall not be allocated to a field operating activity prior 

to the beginning of the fourth quarter of the fiscal year and shall 

be available for use by the Chief of Engineers to fund such emergency activities as the Chief of Engineers determines to be necessary 

and appropriate, and that the Chief of Engineers shall allocate 

during the fourth quarter any remaining funds which have not 

been used for emergency activities proportionally in accordance 

with the amounts provided for the programs, projects or activities. 

REGULATORY PROGRAM

For expenses necessary for administration of laws pertaining 

to regulation of navigable waters and wetlands, $193,000,000, to 

remain available until September 30, 2013. 

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

For expenses necessary to clean up contamination from sites 

in the United States resulting from work performed as part of 

the Nation’s early atomic energy program, $109,000,000, to remain 

available until expended. 

FLOOD CONTROL AND COASTAL EMERGENCIES

For expenses necessary to prepare for flood, hurricane, and 

other natural disasters and support emergency operations, repairs, 

and other activities in response to such disasters as authorized 

by law, $27,000,000, to remain available until expended. 

EXPENSES

For expenses necessary for the supervision and general 

administration of the civil works program in the headquarters 

of the Corps of Engineers and the offices of the Division Engineers; 

and for costs of management and operation of the Humphreys 

Engineer Center Support Activity, the Institute for Water 

Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers 

Finance Center allocable to the civil works program, $185,000,000, 

to remain available until September 30, 2013, of which not to 

exceed $5,000 may be used for official reception and representation 

purposes and only during the current fiscal year: Provided, That 

no part of any other appropriation provided in title I of this Act 

shall be available to fund the civil works activities of the Office 

of the Chief of Engineers or the civil works executive direction 

and management activities of the division offices: Provided further, 

That any Flood Control and Coastal Emergencies appropriation 

may be used to fund the supervision and general administration 

of emergency operations, repairs, and other activities in response 

to any flood, hurricane, or other natural disaster. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 855 

OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS

For the Office of the Assistant Secretary of the Army for Civil 

Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain 

available until September 30, 2013. 

ADMINISTRATIVE PROVISION

The Revolving Fund, Corps of Engineers, shall be available 

during the current fiscal year for purchase (not to exceed 100 

for replacement only) and hire of passenger motor vehicles for 

the civil works program. 

GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL

(INCLUDING TRANSFERS OF FUNDS)

SEC. 101. (a) None of the funds provided in title I of this 

Act, or provided by previous appropriations Acts to the agencies 

or entities funded in title I of this Act that remain available for 

obligation or expenditure in fiscal year 2012, shall be available 

for obligation or expenditure through a reprogramming of funds 

that: 

(1) creates or initiates a new program, project, or activity; 

(2) eliminates a program, project, or activity; 

(3) increases funds or personnel for any program, project, 

or activity for which funds have been denied or restricted 

by this Act, unless prior approval is received from the House 

and Senate Committees on Appropriations; 

(4) proposes to use funds directed for a specific activity 

for a different purpose, unless prior approval is received from 

the House and Senate Committees on Appropriations; 

(5) augments or reduces existing programs, projects or 

activities in excess of the amounts contained in subsections 

6 through 10, unless prior approval is received from the House 

and Senate Committees on Appropriations; 

(6) INVESTIGATIONS.—For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit 

of $150,000 per project, study or activity is allowed: Provided, 

That for a base level less than $100,000, the reprogramming 

limit is $25,000: Provided further, That up to $25,000 may 

be reprogrammed into any continuing study or activity that 

did not receive an appropriation for existing obligations and 

concomitant administrative expenses; 

(7) CONSTRUCTION.—For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit 

of $3,000,000 per project, study or activity is allowed: Provided, 

That for a base level less than $2,000,000, the reprogramming 

limit is $300,000: Provided further, That up to $3,000,000 may 

be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments: Provided further, 

That up to $300,000 may be reprogrammed into any continuing 

study or activity that did not receive an appropriation for 

existing obligations and concomitant administrative expenses; 

(8) OPERATION AND MAINTENANCE.—Unlimited reprogramming authority is granted in order for the Corps to be able 


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125 STAT. 856 PUBLIC LAW 112–74—DEC. 23, 2011 

to respond to emergencies: Provided, That the Chief of Engineers must notify the House and Senate Committees on Appropriations of these emergency actions as soon thereafter as practicable: Provided further, That for a base level over $1,000,000, 

reprogramming of 15 percent of the base amount a limit of 

$5,000,000 per project, study or activity is allowed: Provided 

further, That for a base level less than $1,000,000, the reprogramming limit is $150,000: Provided further, That $150,000 

may be reprogrammed into any continuing study or activity 

that did not receive an appropriation; 

(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The same reprogramming guidelines for the Investigations, Construction, 

and Operation and Maintenance portions of the Mississippi 

River and Tributaries Account as listed above; and 

(10) FORMERLY UTILIZED SITES REMEDIAL ACTION PRO- GRAM.—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 

Time period. 

Determination. 

Deadline. 

Reports. 

Deadline. 

Reports. 

Notification. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 857 

recommended in the efficacy study authorized under section 3061 

of the Water Resources Development Act of 2007 (121 Stat. 1121) 

or in interim reports, with such modifications or emergency measures as the Secretary of the Army determines to be appropriate, 

to prevent aquatic nuisance species from dispersing into the Great 

Lakes by way of any hydrologic connection between the Great 

Lakes and the Mississippi River Basin. 

SEC. 106. The Secretary is authorized to transfer to ‘‘Corps 

of Engineers—Civil—Construction’’ up to $100,000,000 of the funds 

provided for reinforcing or replacing flood walls under the heading 

‘‘Corps of Engineers—Civil—Flood Control and Coastal Emergencies’’ in Public Law 109–234 and Public Law 110–252 and up 

to $75,000,000 of the funds provided for projects and measures 

for the West Bank and Vicinity and Lake Ponchartrain and Vicinity 

projects under the heading ‘‘Corps of Engineers—Civil—Flood Control and Coastal Emergencies’’ in Public Law 110–28, to be used 

with funds provided for the West Bank and Vicinity project under 

the heading ‘‘Corps of Engineers—Civil—Construction’’ in Public 

Law 110–252 and Public Law 110–329, consistent with 65 percent 

Federal and 35 percent non-Federal cost share and the financing 

of, and payment terms for, the non-Federal cash contribution associated with the West Bank and Vicinity project. 

SEC. 107. The Secretary of the Army may transfer to the 

Fish and Wildlife Service, and the Fish and Wildlife Service may 

accept and expend, up to $3,800,000 of funds provided in this 

title under the heading ‘‘Operation and Maintenance’’ to mitigate 

for fisheries lost due to Corps of Engineers projects. 

SEC. 108. The Secretary of the Army may authorize a member 

of the Armed Forces under the Secretary’s jurisdiction and 

employees of the Department of the Army to serve without compensation as director, officer, or otherwise in the management of 

the organization established to support and maintain the participation of the United States in the permanent international commission 

of the congresses of navigation, or any successor entity. 

SEC. 109. (a) ACQUISITION.—The Secretary is authorized to 

acquire any real property and associated real property interests 

in the vicinity of Hanover, New Hampshire as may be needed 

for the Engineer Research and Development Center laboratory 

facilities at the Cold Regions Research and Engineering Laboratory. 

This real property to be acquired consists of 18.5 acres more or 

less, identified as Tracts 101–1 and 101–2, together with all necessary easements located entirely within the Town of Hanover, 

New Hampshire. The real property is generally bounded to the 

east by state route 10-Lyme Road, to the north by the vacant 

property of the Trustees of the Dartmouth College, to the south 

by Fletcher Circle graduate student housing owned by the Trustees 

of Dartmouth College, and to the west by approximately 9 acres 

of real property acquired in fee through condemnation in 1981 

by the Secretary of the Army. 

(b) REVOLVING FUND.—The Secretary is authorized to use the 

Revolving Fund (33 U.S.C. 576) through the Plant Replacement 

and Improvement Program to acquire the real property and associated real property interests in subsection (a). The Secretary shall 

ensure that the Revolving Fund is appropriately reimbursed from 

the benefitting appropriations. 

Real property. 

New Hampshire. 


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125 STAT. 858 PUBLIC LAW 112–74—DEC. 23, 2011 

(c) RIGHT OF FIRST REFUSAL.—The Secretary may provide the 

Seller of any real property and associated property interests identified in subsection (a)— 

(1) a right of first refusal to acquire such property, or 

any portion thereof, in the event the property, or any portion 

thereof, is no longer needed by the Department of the Army. 

(2) a right of first refusal to acquire any real property 

or associated real property interests acquired by condemnation 

in Civil Action No. 81–360–L, in the event the property, or 

any portion thereof, is no longer needed by the Department 

of the Army. 

(3) the purchase of any property by the Seller exercising 

either right of first refusal authorized in this section shall 

be for consideration acceptable to the Secretary and shall be 

for not less than fair market value at the time the property 

becomes available for purchase. The right of first refusal authorized in this section shall not inure to the benefit of the Sellers 

successors or assigns. 

(d) DISPOSAL.—The Secretary of the Army is authorized to 

dispose of any property or associated real property interests that 

are subject to the exercise of the right of first refusal as set forth 

herein. 

SEC. 110. None of the funds made available in this Act may 

be used by the Corps of Engineers to relocate, or study the relocation 

of, any regional division headquarters of the Corps located at a 

military installation or any permanent employees of such headquarters. 

SEC. 111. (a) Section 5 of the Act entitled ‘‘An Act authorizing 

the construction of certain public works on rivers and harbors 

for flood control, and for other purposes,’’ approved June 22, 1936, 

(33 U.S.C. 701h), is amended by— 

(1) inserting ‘‘for work, which includes planning and 

design,’’ before ‘‘to be expended’’; 

(2) striking ‘‘flood control or environmental restoration 

work’’ and inserting ‘‘water resources development study or 

project’’; and 

(3) inserting ‘‘: Provided further, That the term ‘States’ 

means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and 

Federally recognized Indian tribes’’ before the period. 

(b) The Secretary shall notify the appropriate committees of 

Congress prior to initiation of negotiations for accepting contributed 

funds under 33 U.S.C. 701h. 

SEC. 112. With respect to the property covered by the deed 

described in Auditor’s instrument No. 2006–014428 of Benton 

County, Washington, approximately 1.5 acres, the following deed 

restrictions are hereby extinguished and of no further force and 

effect: 

(1) The reversionary interest and use restrictions related 

to port and industrial purposes; 

(2) The right for the District Engineer to review all preconstruction plans and/or specifications pertaining to construction and/or maintenance of any structure intended for human 

habitation, if the elevation of the property is above the standard 

project flood elevation; and 

(3) The right of the District Engineer to object to, and 

thereby prevent, in his/her discretion, such activity. 

Real property. 

Washington. 

Notification. 

Negotiations. 

Definition. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 859 

SEC. 113. That portion of the project for navigation, Block 

Island Harbor of Refuge, Rhode Island adopted by the Rivers and 

Harbors Act of July 11, 1870, consisting of the cut-stone breakwater 

lining the west side of the Inner Basin; beginning at a point with 

coordinates N32579.55, E312625.53, thence running northerly about 

76.59 feet to a point with coordinates N32655.92, E312631.32, 

thence running northerly about 206.81 feet to a point with coordinates N32858.33, E312673.74, thence running easterly about 109.00 

feet to a point with coordinates N32832.15, E312779.54, shall no 

longer be authorized after the date of enactment. 

SEC. 114. The Secretary of the Army, acting through the Chief 

of Engineers, is authorized, using amounts available in the 

Revolving Fund established by section 101 of the Act of July 27, 

1953, chap. 245 (33 U.S.C. 576), to construct a Consolidated Infrastructure Research Equipment Facility, an Environmental Processes 

and Risk Lab, a Hydraulic Research Facility, an Engineer Research 

and Development Center headquarters building, a Modular 

Hydraulic Flume building, and to purchase real estate, perform 

construction, and make facility, utility, street, road, and infrastructure improvements to the Engineer Research and Development 

Center’s installations and facilities. The Secretary shall ensure 

that the Revolving Fund is appropriately reimbursed from the benefitting appropriations. 

SEC. 115. Section 1148 of the Water Resources Development 

Act of 1986 (100 Stat. 4254; 110 Stat. 3718; 114 Stat. 2609) is 

amended by striking subsection (b) and inserting the following: 

‘‘(b) DISPOSITION OF ACQUIRED LAND.—The Secretary may 

transfer land acquired under this section to the non-Federal sponsor 

by quitclaim deed subject to such terms and conditions as the 

Secretary determines to be in the public interest.’’. 

SEC. 116. The New London Disposal Site and the Cornfield 

Shoals Disposal Site in Long Island Sound selected by the Department of the Army as alternative dredged material disposal sites 

under section 103(b) of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended, shall remain open for 5 years 

after enactment of this Act to allow for completion of a Supplemental Environmental Impact Statement to support final designation of an Ocean Dredged Material Disposal Site in eastern Long 

Island Sound under section 102(c) of the Marine Protection, 

Research, and Sanctuaries Act of 1972. 

SEC. 117. (a) That portion of the project for navigation, Newport 

Harbor, Rhode Island adopted by the Rivers and Harbors Acts 

of March 2, 1907 (34 Stat. 1075); June 25, 1910 (36 Stat. 632); 

August 26, 1937 (50 Stat. 845); and, modified by the Consolidated 

Appropriations Act, 2000, Public Law 106–113, appendix E, title 

II, section 221 (113 Stat. 1501A–298); consisting of a 13-foot anchorage, an 18-foot anchorage, a 21-foot channel, and 18-foot channels 

described by the following shall no longer be authorized after the 

date of enactment of this Act: the 21-Foot Entrance Channel, beginning at a point (1) with coordinates 374986.03, 150611.01; thence 

running south 46 degrees 54 minutes 30.7 seconds east 900.01 

feet to a point (2) with coordinates 375643.27, 149996.16; thence 

running south 8 degrees 4 minutes 58.3 east 2,376.87 feet to a 

point (3) with coordinates 375977.47, 147643.00; thence running 

south 4 degrees 28 minutes 20.4 seconds west 738.56 feet to a 

point (4) with coordinates 375919.88, 146906.60; thence running 

south 6 degrees 2 minutes 42.4 seconds east 1,144.00 feet to a 

Rhode Island. 


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125 STAT. 860 PUBLIC LAW 112–74—DEC. 23, 2011 

point (5) with coordinates 376040.35, 145768.96; thence running 

south 34 degrees 5 minutes 51.7 seconds west 707.11 feet to a 

point (6) with coordinates 375643.94, 145183.41; thence running 

south 73 degrees 11 minutes 42.9 seconds west 1,300.00 feet to 

the end point (7) with coordinates 374399.46, 144807.57; Returning 

at a point with coordinates (8) with coordinates 374500.64, 

144472.51; thence running north 73 degrees 11 minutes 42.9 seconds east 1,582.85 feet to a point (9) with coordinates 376015.90, 

144930.13; thence running north 34 degrees 5 minutes 51.7 seconds 

east 615.54 feet to a point (10) with coordinates 376360.97, 

145439.85; thence running north 2 degrees 10 minutes 43.3 seconds 

west 2,236.21 feet to a point (11) with coordinates 376275.96, 

147674.45; thence running north 8 degrees 4 minutes 55.6 seconds 

west 2,652.83 feet to a point (12) with coordinates 375902.99, 

150300.93; thence running north 46 degrees 54 minutes 30.7 seconds west 881.47 feet to an end point (13) with coordinates 

375259.29, 150903.12; and the 18-Foot South Goat Island Channel 

beginning at a point (14) with coordinates 375509.09, 149444.83; 

thence running south 25 degrees 44 minutes 0.5 second east 430.71 

feet to a point (15) with coordinates 375696.10, 149056.84; thence 

running south 10 degrees 13 minutes 27.4 seconds east 1,540.89 

feet to a point (16) with coordinates 375969.61, 147540.41; thence 

running south 4 degrees 29 minutes 11.3 seconds west 1,662.92 

feet to a point (17) with coordinates 375839.53, 145882.59; thence 

running south 34 degrees 5 minutes 51.7 seconds west 547.37 

feet to a point (18) with coordinates 375532.67, 145429.32; thence 

running south 86 degrees 47 minutes 37.7 seconds west 600.01 

feet to an end point (19) with coordinates 374933.60, 145395.76; 

and the 18-Foot Entrance Channel beginning at a point (20) with 

coordinates 374567.14, 144252.33; thence running north 73 degrees 

11 minutes 42.9 seconds east 1,899.22 feet to a point (21) with 

coordinates 376385.26, 144801.42; thence running north 2 degrees 

10 minutes 41.5 seconds west 638.89 feet to an end point (10) 

with coordinates 376360.97, 145439.85; and the 18-Foot South 

Anchorage beginning at a point (22) with coordinates 376286.81, 

147389.37; thence running north 78 degrees 56 minutes 15.6 seconds east 404.86 feet to a point (23) with coordinates 376684.14, 

147467.05; thence running north 78 degrees 56 minutes 15.6 seconds east 1,444.33 feet to a point (24) with coordinates 378101.63, 

147744.18; thence running south 5 degrees 18 minutes 43.8 seconds 

west 1,228.20 feet to a point (25) with coordinates 377987.92, 

146521.26; thence running south 3 degrees 50 minutes 3.4 seconds 

east 577.84 feet to a point (26) with coordinates 378026.56, 

145944.71; thence running south 44 degrees 32 minutes 14.7 seconds west 2,314.09 feet to a point (27) with coordinates 376403.52, 

144295.24 thence running south 60 degrees 5 minutes 58.2 seconds 

west 255.02 feet to an end point (28) with coordinates 376182.45, 

144168.12; and the 13-Foot Anchorage beginning at a point (29) 

with coordinates 376363.39, 143666.99; thence running north 63 

degrees 34 minutes 19.3 seconds east 1,962.37 feet to a point 

(30) with coordinates 378120.68, 144540.38; thence running north 

3 degrees 50 minutes 3.1 seconds west 1,407.47 feet to an end 

point (26) with coordinates 378026.56, 145944.71; and the 18-Foot 

East Channel beginning at a point (23) with coordinates 376684.14, 

147467.05; thence running north 2 degrees 10 minutes 43.3 seconds 

west 262.95 feet to a point (31) with coordinates 376674.14, 

147729.81; thence running north 9 degrees 42 minutes 20.3 seconds 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 861 

west 301.35 feet to a point (32) with coordinates 376623.34, 

148026.85; thence running south 80 degrees 17 minutes 42.4 seconds west 313.6 feet to a point (33) with coordinates 376314.23, 

147973.99; thence running north 7 degrees 47 minutes 21.9 seconds 

west 776.24 feet to an end point (34) with coordinates 376209.02, 

148743.06; and the 18-Foot North Anchorage beginning at a point 

(35) with coordinates 376123.98, 148744.69; thence running south 

88 degrees 54 minutes 16.2 seconds east 377.90 feet to a point 

(36) with coordinates 376501.82, 148737.47; thence running north 

9 degrees 42 minutes 19.0 seconds west 500.01 feet to a point 

(37) with coordinates 376417.52, 149230.32; thence running north 

6 degrees 9 minutes 53.2 seconds west 1,300.01 feet to an end 

point (38) with coordinates 376277.92, 150522.81. 

(b) The area described by the following shall be redesignated 

as an eighteen-foot channel and turning basin: Beginning at a 

point (1) with coordinates N144759.41, E374413.16; thence running 

north 73 degrees 11 minutes 42.9 seconds east 1,252.88 feet to 

a point (2) with coordinates N145121.63, E375612.53; thence running north 26 degrees 29 minutes 48.1 seconds east 778.89 feet 

to a point (3) with coordinates N145818.71, E375960.04; thence 

running north 0 degrees 3 minutes 38.1 seconds west 1,200.24 

feet to a point (4) with coordinates N147018.94, E375958.77; thence 

running north 2 degrees 22 minutes 45.2 seconds east 854.35 feet 

to a point (5) with coordinates N147872.56, E375994.23; thence 

running north 7 degrees 47 minutes 21.9 seconds west 753.83 

feet to a point (6) with coordinates N148619.44, E375892.06; thence 

running north 88 degrees 46 minutes 16.7 seconds east 281.85 

feet to a point (7) with coordinates N148625.48, E376173.85; thence 

running south 7 degrees 47 minutes 21.9 seconds east 716.4 feet 

to a point (8) with coordinates N147915.69, E376270.94; thence 

running north 80 degrees 17 minutes 42.3 seconds east 315.3 feet 

to a point (9) with coordinates N147968.85, E.76581.73; thence 

running south 9 degrees 42 minutes 20.3 seconds east 248.07 feet 

to a point (10) with coordinates N147724.33, E376623.55; thence 

running south 2 degrees 10 minutes 43.3 seconds east 318.09 feet 

to a point (11) with coordinates N147406.47, E376635.64; thence 

running north 78 degrees 56 minutes 15.6 seconds east 571.11 

feet to a point (12) with coordinates N147516.06, E377196.15; thence 

running south 88 degrees 57 minutes 2.3 seconds east 755.09 feet 

to a point (13) with coordinates N147502.23, E377951.11; thence 

running south 1 degree 2 minutes 57.7 seconds west 100.00 feet 

to a point (14) with coordinates N147402.25, E377949.28; thence 

running north 88 degrees 57 minutes 2.3 seconds west 744.48 

feet to a point (15) with coordinates N147415.88, E377204.92; thence 

running south 78 degrees 56 minutes 15.6 seconds west 931.17 

feet to a point (16) with coordinates N147237.21, E376291.06; thence 

running south 39 degrees 26 minutes 18.7 seconds west 208.34 

feet to a point (17) with coordinates N147076.31, E376158.71; thence 

running south 0 degrees 3 minutes 38.1 seconds east 1,528.26 

feet to a point (18) with coordinates N145548.05, E376160.32; thence 

running south 26 degrees 29 minutes 48.1 seconds west 686.83 

feet to a point (19) with coordinates N144933.37, E375853.90; thence 

running south 73 degrees 11 minutes 42.9 seconds west 1,429.51 

feet to end at a point (20) with coordinates N144520.08, E374485.44. 

SEC. 118. None of the funds made available to the Corps of 

Engineers by this Act may be used for the removal or associated 


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125 STAT. 862 PUBLIC LAW 112–74—DEC. 23, 2011 

mitigation of Federal Energy Regulatory Commission Project 

number 2342. 

SEC. 119. None of the funds made available by this Act may 

be used for the study of the Missouri River Projects authorized 

in section 108 of the Energy and Water Development and Related 

Agencies Appropriations Act, 2009 (division C of Public Law 111– 

8). 

SEC. 120. None of the funds made available in this Act may 

be used to continue the study conducted by the Army Corps of 

Engineers pursuant to section 5018(a)(1) of the Water Resources 

Development Act of 2007. 

TITLE II 

DEPARTMENT OF THE INTERIOR 

CENTRAL UTAH PROJECT

CENTRAL UTAH PROJECT COMPLETION ACCOUNT

For carrying out activities authorized by the Central Utah 

Project Completion Act, $27,154,000, to remain available until 

expended, of which $2,000,000 shall be deposited into the Utah 

Reclamation Mitigation and Conservation Account for use by the 

Utah Reclamation Mitigation and Conservation Commission. In 

addition, for necessary expenses incurred in carrying out related 

responsibilities of the Secretary of the Interior, $1,550,000. For 

fiscal year 2012, the Commission may use an amount not to exceed 

$1,500,000 for administrative expenses. 

BUREAU OF RECLAMATION

The following appropriations shall be expended to execute 

authorized functions of the Bureau of Reclamation: 

WATER AND RELATED RESOURCES

(INCLUDING TRANSFERS OF FUNDS)

For management, development, and restoration of water and 

related natural resources and for related activities, including the 

operation, maintenance, and rehabilitation of reclamation and other 

facilities, participation in fulfilling related Federal responsibilities 

to Native Americans, and related grants to, and cooperative and 

other agreements with, State and local governments, federally recognized Indian tribes, and others, $895,000,000, to remain available 

until expended, of which $10,698,000 shall be available for transfer 

to the Upper Colorado River Basin Fund and $6,136,000 shall 

be available for transfer to the Lower Colorado River Basin Development Fund; of which such amounts as may be necessary may 

be advanced to the Colorado River Dam Fund: Provided, That 

such transfers may be increased or decreased within the overall 

appropriation under this heading: Provided further, That of the 

total appropriated, the amount for program activities that can be 

financed by the Reclamation Fund or the Bureau of Reclamation 

special fee account established by 16 U.S.C. 460l–6a(i) shall be 

derived from that Fund or account: Provided further, That funds 

contributed under 43 U.S.C. 395 are available until expended for 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 863 

the purposes for which contributed: Provided further, That funds 

advanced under 43 U.S.C. 397a shall be credited to this account 

and are available until expended for the same purposes as the 

sums appropriated under this heading: Provided further, That of 

the amounts provided herein, funds may be used for high priority 

projects which shall be carried out by the Youth Conservation 

Corps, as authorized by 16 U.S.C. 1706. 

CENTRAL VALLEY PROJECT RESTORATION FUND

For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley 

Project Improvement Act, $53,068,000, to be derived from such 

sums as may be collected in the Central Valley Project Restoration 

Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public 

Law 102–575, to remain available until expended: Provided, That 

the Bureau of Reclamation is directed to assess and collect the 

full amount of the additional mitigation and restoration payments 

authorized by section 3407(d) of Public Law 102–575: Provided 

further, That none of the funds made available under this heading 

may be used for the acquisition or leasing of water for in-stream 

purposes if the water is already committed to in-stream purposes 

by a court adopted decree or order. 

CALIFORNIA BAY-DELTA RESTORATION

(INCLUDING TRANSFERS OF FUNDS)

For carrying out activities authorized by the Water Supply, 

Reliability, and Environmental Improvement Act, consistent with 

plans to be approved by the Secretary of the Interior, $39,651,000, 

to remain available until expended, of which such amounts as 

may be necessary to carry out such activities may be transferred 

to appropriate accounts of other participating Federal agencies to 

carry out authorized purposes: Provided, That funds appropriated 

herein may be used for the Federal share of the costs of CALFED 

Program management: Provided further, That the use of any funds 

provided to the California Bay-Delta Authority for program-wide 

management and oversight activities shall be subject to the approval 

of the Secretary of the Interior: Provided further, That CALFED 

implementation shall be carried out in a balanced manner with 

clear performance measures demonstrating concurrent progress in 

achieving the goals and objectives of the Program. 

POLICY AND ADMINISTRATION

For necessary expenses of policy, administration, and related 

functions in the Office of the Commissioner, the Denver office, 

and offices in the five regions of the Bureau of Reclamation, to 

remain available until September 30, 2013, $60,000,000, to be 

derived from the Reclamation Fund and be nonreimbursable as 

provided in 43 U.S.C. 377: Provided, That no part of any other 

appropriation in this Act shall be available for activities or functions 

budgeted as policy and administration expenses. 


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125 STAT. 864 PUBLIC LAW 112–74—DEC. 23, 2011 

ADMINISTRATIVE PROVISION

Appropriations for the Bureau of Reclamation shall be available 

for purchase of not to exceed five passenger motor vehicles, which 

are for replacement only. 

GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR 

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. 

Reports. 

Deadlines. 

Definition. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 865 

SEC. 202. (a) None of the funds appropriated or otherwise 

made available by this Act may be used to determine the final 

point of discharge for the interceptor drain for the San Luis Unit 

until development by the Secretary of the Interior and the State 

of California of a plan, which shall conform to the water quality 

standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any 

detrimental effect of the San Luis drainage waters. 

(b) The costs of the Kesterson Reservoir Cleanup Program 

and the costs of the San Joaquin Valley Drainage Program shall 

be classified by the Secretary of the Interior as reimbursable or 

nonreimbursable and collected until fully repaid pursuant to the 

‘‘Cleanup Program-Alternative Repayment Plan’’ and the ‘‘SJVDPAlternative Repayment Plan’’ described in the report entitled 

‘‘Repayment Report, Kesterson Reservoir Cleanup Program and San 

Joaquin Valley Drainage Program, February 1995’’, prepared by 

the Department of the Interior, Bureau of Reclamation. Any future 

obligations of funds by the United States relating to, or providing 

for, drainage service or drainage studies for the San Luis Unit 

shall be fully reimbursable by San Luis Unit beneficiaries of such 

service or studies pursuant to Federal reclamation law. 

SEC. 203. Section 529(b)(3) of Public Law 106–541, as amended 

by section 115 of Public Law 109–103, is further amended by 

striking ‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’ in lieu thereof. 

SEC. 204. Section 8 of the Water Desalination Act of 1996 

(42 U.S.C. 10301 note; Public Law 104–298) is amended— 

(1) in subsection (a), in the first sentence, by striking 

‘‘2011’’ and inserting ‘‘2013’’; and 

(2) in subsection (b), by striking ‘‘$25,000,000 for fiscal 

years 1997 through 2011’’ and inserting ‘‘$3,000,000 for each 

of fiscal years 2012 through 2013’’. 

SEC. 205. The Federal policy for addressing California’s water 

supply and environmental issues related to the Bay-Delta shall 

be consistent with State law, including the co-equal goals of providing a more reliable water supply for the State of California 

and protecting, restoring, and enhancing the Delta ecosystem. The 

Secretary of the Interior, the Secretary of Commerce, the Army 

Corps of Engineers and the Environmental Protection Agency 

Administrator shall jointly coordinate the efforts of the relevant 

agencies and work with the State of California and other stakeholders to complete and issue the Bay Delta Conservation Plan 

Final Environmental Impact Statement no later than February 

15, 2013. Nothing herein modifies existing requirements of Federal 

law. 

SEC. 206. The Secretary of the Interior may participate in 

non-Federal groundwater banking programs to increase the operational flexibility, reliability, and efficient use of water in the State 

of California, and this participation may include making payment 

for the storage of Central Valley Project water supplies, the purchase of stored water, the purchase of shares or an interest in 

ground banking facilities, or the use of Central Valley Project water 

as a medium of payment for groundwater banking services: Provided, That the Secretary of the Interior shall participate in groundwater banking programs only to the extent allowed under State 

law and consistent with water rights applicable to the Central 

Valley Project: Provided further, That any water user to which 

banked water is delivered shall pay for such water in the same 

Deadline. 

16 USC 450hh. 

California. 

Plan. 


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125 STAT. 866 PUBLIC LAW 112–74—DEC. 23, 2011 

manner provided by that water user’s then-current Central Valley 

Project water service, repayment, or water rights settlement contract at the rate provided by the then-current Central-Valley Project 

Irrigation or Municipal and Industrial Rate Setting Policies; and: 

Provided further, That in implementing this section, the Secretary 

of the Interior shall comply with applicable environmental laws, 

including the National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq.) Nothing herein shall alter or limit the Secretary’s 

existing authority to use groundwater banking to meet existing 

fish and wildlife obligations. 

SEC. 207. (a) Subject to compliance with all applicable Federal 

and State laws, a transfer of irrigation water among Central Valley 

Project contractors from the Friant, San Felipe, West San Joaquin, 

and Delta divisions, and a transfer from a long-term Friant Division 

water service or repayment contractor to a temporary or prior 

temporary service contractors within the place of use in existence 

on the date of the transfer, as identified in the Bureau of Reclamation water rights permits for the Friant Division, shall be considered 

to meet the conditions described in subparagraphs (A) and (I) of 

section 3405(a)(1) of the Reclamation Projects Authorization and 

Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 4709). 

(b) The Secretary of the Interior, acting through the Director 

of the United States Fish and Wildlife Service and the Commissioner of the Bureau of Reclamation shall initiate and complete, 

on the most expedited basis practicable, programmatic environmental compliance so as to facilitate voluntary water transfers 

within the Central Valley Project, consistent with all applicable 

Federal and State law. 

(c) Not later than 180 days after the date of enactment of 

this Act and each of the 4 years thereafter, the Commissioner 

of the Bureau of Reclamation shall submit to the committee on 

Appropriations of the House of Representatives and the Committee 

on Appropriations of the Senate a report that describes the status 

of efforts to help facilitate and improve the water transfers within 

the Central Valley Project and water transfers between the Central 

Valley Project and other water projects in the State of California; 

evaluates potential effects of this Act on Federal programs, Indian 

tribes, Central Valley Project operations, the environment, groundwater aquifers, refuges, and communities; and provides recommendations on ways to facilitate and improve the process for 

these transfers. 

SEC. 208. (a) PERMITTED USES.—Section 2507(b) of the Farm 

Security and Rural Investment Act of 2002 (43 U.S.C. 2211 note; 

Public Law 107–171) is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘In 

any case in which there are willing sellers’’ and inserting ‘‘For 

the benefit of at-risk natural desert terminal lakes and associated riparian and watershed resources, in any case in which 

there are willing sellers or willing participants’’; 

(2) in paragraph (2), by striking ‘‘in the Walker River’’ 

and all that follows through ‘‘119 Stat. 2268)’’; and 

(3) in paragraph (3), by striking ‘‘in the Walker River 

Basin’’. 

Deadlines. 

Reports. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 867 

(b) WALKER BASIN RESTORATION PROGRAM.—Section 208(b) of 

the Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111–85; 123 Stat. 2858) is 

amended— 

(1) in paragraph (1)(B)(iv), by striking ‘‘exercise water 

rights’’ and inserting ‘‘manage land, water appurtenant to the 

land, and related interests’’; and 

(2) in paragraph (2)(A), by striking ‘‘The amount made 

available under subsection (a)(1) shall be provided to the 

National Fish and Wildlife Foundation’’ and inserting ‘‘Any 

amount made available to the National Fish and Wildlife 

Foundation under subsection (a) shall be provided’’. 

TITLE III 

DEPARTMENT OF ENERGY 

ENERGY PROGRAMS 

ENERGY EFFICIENCY AND RENEWABLE ENERGY

(INCLUDING RESCISSION OF FUNDS)

For Department of Energy expenses including the purchase, 

construction, and acquisition of plant and capital equipment, and 

other expenses necessary for energy efficiency and renewable energy 

activities in carrying out the purposes of the Department of Energy 

Organization Act (42 U.S.C. 7101 et seq.), including the acquisition 

or condemnation of any real property or any facility or for plant 

or facility acquisition, construction, or expansion, $1,825,000,000, 

to remain available until expended: Provided, That $165,000,000 

shall be available until September 30, 2013 for program direction: 

Provided further, That for the purposes of allocating weatherization 

assistance funds appropriated by this Act to States and tribes, 

the Secretary of Energy may waive the allocation formula established pursuant to section 414(a) of the Energy Conservation and 

Production Act (42 U.S.C. 6864(a)): Provided further, That of the 

unobligated balances available under this heading, $9,909,000 are 

hereby rescinded: Provided further, That no amounts may be 

rescinded from amounts that were designated by the Congress 

as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

ELECTRICITY DELIVERY AND ENERGY RELIABILITY

For Department of Energy expenses including the purchase, 

construction, and acquisition of plant and capital equipment, and 

other expenses necessary for electricity delivery and energy reliability activities in carrying out the purposes of the Department 

of Energy Organization Act (42 U.S.C. 7101 et seq.), including 

the acquisition or condemnation of any real property or any facility 

or for plant or facility acquisition, construction, or expansion, 

$139,500,000, to remain available until expended: Provided, That 

$27,010,000 shall be available until September 30, 2013 for program 

direction. 


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125 STAT. 868 PUBLIC LAW 112–74—DEC. 23, 2011 

NUCLEAR ENERGY

For Department of Energy expenses including the purchase, 

construction, and acquisition of plant and capital equipment, and 

other expenses necessary for nuclear energy activities in carrying 

out the purposes of the Department of Energy Organization Act 

(42 U.S.C. 7101 et seq.), including the acquisition or condemnation 

of any real property or any facility or for plant or facility acquisition, 

construction, or expansion, and the purchase of not more than 

10 buses, all for replacement only, $768,663,000, to remain available 

until expended: Provided, That $91,000,000 shall be available until 

September 30, 2013 for program direction. 

FOSSIL ENERGY RESEARCH AND DEVELOPMENT

(INCLUDING RESCISSION OF FUNDS)

For necessary expenses in carrying out fossil energy research 

and development activities, under the authority of the Department 

of Energy Organization Act (Public Law 95–91), including the 

acquisition of interest, including defeasible and equitable interests 

in any real property or any facility or for plant or facility acquisition 

or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and 

disposal of mineral substances without objectionable social and 

environmental costs (30 U.S.C. 3, 1602, and 1603), $534,000,000, 

to remain available until expended: Provided, That $120,000,000 

shall be available until September 30, 2013 for program direction: 

Provided further, That for all programs funded under Fossil Energy 

appropriations in this Act or any other Act, the Secretary may 

vest fee title or other property interests acquired under projects 

in any entity, including the United States: Provided further, That 

of prior-year balances, $187,000,000 are hereby rescinded: Provided 

further, That no rescission made by the previous proviso shall 

apply to any amount previously appropriated in Public Law 111– 

5 or designated by the Congress as an emergency requirement 

pursuant to a concurrent resolution on the budget or the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

NAVAL PETROLEUM AND OIL SHALE RESERVES

For expenses necessary to carry out naval petroleum and oil 

shale reserve activities, $14,909,000, to remain available until 

expended: Provided, That, notwithstanding any other provision of 

law, unobligated funds remaining from prior years shall be available 

for all naval petroleum and oil shale reserve activities. 

STRATEGIC PETROLEUM RESERVE

For necessary expenses for Strategic Petroleum Reserve facility 

development and operations and program management activities 

pursuant to the Energy Policy and Conservation Act of 1975, as 

amended (42 U.S.C. 6201 et seq.), $192,704,000, to remain available 

until expended. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 869 

SPR PETROLEUM ACCOUNT

(INCLUDING RESCISSION OF FUNDS)

Of the amounts deposited in the SPR Petroleum Account established under section 167 of the Energy Policy and Conservation 

Act (42 U.S.C. 6247) in fiscal year 2011 which remain available 

for obligation under that section, $500,000,000 are hereby permanently rescinded. 

NORTHEAST HOME HEATING OIL RESERVE

(INCLUDING RESCISSION OF FUNDS)

For necessary expenses for Northeast Home Heating Oil 

Reserve storage, operation, and management activities pursuant 

to the Energy Policy and Conservation Act, $10,119,000, to remain 

available until expended: Provided, That amounts net of the purchase of 1 million barrels of petroleum distillates in fiscal year 

2012; costs related to transportation, delivery, and storage; and 

sales of petroleum distillate from the Reserve under section 182 

of the Energy Policy and Conservation Act (42 U.S.C. 6250a) are 

hereby permanently rescinded: Provided further, That notwithstanding section 181 of the Energy Policy and Conservation Act 

(42 U.S.C. 6250), for fiscal year 2012 and hereafter, the Reserve 

shall contain no more than 1 million barrels of petroleum distillate. 

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 

42 USC 6250f. 


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125 STAT. 870 PUBLIC LAW 112–74—DEC. 23, 2011 

other expenses necessary for science activities in carrying out the 

purposes of the Department of Energy Organization Act (42 U.S.C. 

7101 et seq.), including the acquisition or condemnation of any 

real property or facility or for plant or facility acquisition, construction, or expansion, and purchase of not more than 49 passenger 

motor vehicles for replacement only, including one ambulance and 

one bus, $4,889,000,000, to remain available until expended: Provided, That $185,000,000 shall be available until September 30, 

2013 for program direction. 

ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

For necessary expenses in carrying out the activities authorized 

by section 5012 of the America COMPETES Act (Public Law 110– 

69), as amended, $275,000,000: Provided, That $20,000,000 shall 

be available until September 30, 2013 for program direction. 

TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM

Such sums as are derived from amounts received from borrowers pursuant to section 1702(b)(2) of the Energy Policy Act 

of 2005 under this heading in prior Acts, shall be collected in 

accordance with section 502(7) of the Congressional Budget Act 

of 1974: Provided, That for necessary administrative expenses to 

carry out this Loan Guarantee program, $38,000,000, is appropriated, to remain available until expended: Provided further, That 

$38,000,000 of the fees collected pursuant to section 1702(h) of 

the Energy Policy Act of 2005 shall be credited as offsetting collections to this account to cover administrative expenses and shall 

remain available until expended, so as to result in a final fiscal 

year 2012 appropriation from the general fund estimated at not 

more than $0: Provided further, That fees collected under section 

1702(h) in excess of the amount appropriated for administrative 

expenses shall not be available until appropriated. 

ADVANCED TECHNOLOGY VEHICLES MANUFACTURING LOAN

PROGRAM

For administrative expenses in carrying out the Advanced Technology Vehicles Manufacturing Loan Program, $6,000,000, to 

remain available until expended. 

DEPARTMENTAL ADMINISTRATION

For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes 

of the Department of Energy Organization Act (42 U.S.C. 7101 

et seq.), including the hire of passenger motor vehicles and official 

reception and representation expenses not to exceed $30,000, 

$237,623,000, to remain available until September 30, 2013, plus 

such additional amounts as necessary to cover increases in the 

estimated amount of cost of work for others notwithstanding the 

provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work are offset by revenue 

increases of the same or greater amount, to remain available until 

expended: Provided further, That moneys received by the Department for miscellaneous revenues estimated to total $111,623,000 

in fiscal year 2012 may be retained and used for operating expenses 


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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. 

Reports. 


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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 


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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 


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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 hydro- electric facilities at the Falcon and Amistad Dams, $4,169,000, 

to remain available until expended, and to be derived from the 

Falcon and Amistad Operating and Maintenance Fund of the 

Western Area Power Administration, as provided in section 2 of 

the Act of June 18, 1954 (68 Stat. 255) as amended: Provided, 

That notwithstanding the provisions of that Act and of 31 U.S.C. 

3302, up to $3,949,000 collected by the Western Area Power 

Administration from the sale of power and related services from 

the Falcon and Amistad Dams shall be credited to this account 

as discretionary offsetting collections, to remain available until 


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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. 

Contracts. 

Grants. 

Notification. 

Deadline. 

42 USC 7171 

note. 


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125 STAT. 876 PUBLIC LAW 112–74—DEC. 23, 2011 

(d) The amounts made available by this title may be 

reprogrammed for any program, project, or activity, and the Department shall notify the Committees on Appropriations of the House 

of Representatives and the Senate at least 30 days prior to the 

use of any proposed reprogramming which would cause any program, project, or activity funding level to increase or decrease 

by more than $5,000,000 or 10 percent, whichever is less, during 

the time period covered by this Act. 

(e) Notwithstanding subsection (c), none of the funds provided 

in this title shall be available for obligation or expenditure through 

a reprogramming of funds that— 

(1) creates, initiates, or eliminates a program, project, or 

activity; 

(2) increases funds or personnel for any program, project, 

or activity for which funds are denied or restricted by this 

Act; or 

(3) reduces funds that are directed to be used for a specific 

program, project, or activity by this Act. 

(f)(1) The Secretary of Energy may waive any requirement 

or restriction in this section that applies to the use of funds made 

available for the Department of Energy if compliance with such 

requirement or restriction would pose a substantial risk to human 

health, the environment, welfare, or national security. 

(2) The Secretary of Energy shall notify the Committees on 

Appropriations of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity 

to which a requirement or restriction would otherwise have applied. 

Such notice shall include an explanation of the substantial risk 

under paragraph (1) that permitted such waiver. 

SEC. 302. The unexpended balances of prior appropriations 

provided for activities in this Act may be available to the same 

appropriation accounts for such activities established pursuant to 

this title. Available balances may be merged with funds in the 

applicable established accounts and thereafter may be accounted 

for as one fund for the same time period as originally enacted. 

SEC. 303. Funds appropriated by this or any other Act, or 

made available by the transfer of funds in this Act, for intelligence 

activities are deemed to be specifically authorized by the Congress 

for purposes of section 504 of the National Security Act of 1947 

(50 U.S.C. 414) during fiscal year 2012 until the enactment of 

the Intelligence Authorization Act for fiscal year 2012. 

SEC. 304. (a) SUBMISSION TO CONGRESS.—The Secretary of 

Energy shall submit to Congress each year, at the time that the 

President’s budget is submitted to Congress that year under section 

1105(a) of title 31, United States Code, a future-years energy program reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years energy program 

shall cover the fiscal year with respect to which the budget is 

submitted and at least the four succeeding fiscal years. A futureyears energy program shall be included in the fiscal year 2014 

budget submission to Congress and every fiscal year thereafter. 

(b) ELEMENTS.—Each future-years energy program shall contain the following: 

(1) The estimated expenditures and proposed appropriations necessary to support programs, projects, and activities 

of the Secretary of Energy during the 5-fiscal year period covered by the program, expressed in a level of detail comparable 

42 USC 7279a. 

Notification. 

Deadline. 

Waiver authority. 

Notification. 

Deadline. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 877 

to that contained in the budget submitted by the President 

to Congress under section 1105 of title 31, United States Code. 

(2) The estimated expenditures and proposed appropriations shaped by high-level, prioritized program and budgetary 

guidance that is consistent with the administration’s policies 

and out year budget projections and reviewed by the Department of Energy’s (DOE) senior leadership to ensure that the 

future-years energy program is consistent and congruent with 

previously established program and budgetary guidance. 

(3) A description of the anticipated workload requirements 

for each DOE national laboratory during the 5-fiscal year 

period. 

(c) CONSISTENCY IN BUDGETING.— 

(1) The Secretary of Energy shall ensure that amounts 

described in subparagraph (A) of paragraph (2) for any fiscal 

year are consistent with amounts described in subparagraph 

(B) of paragraph (2) for that fiscal year. 

(2) Amounts referred to in paragraph (1) are the following: 

(A) The amounts specified in program and budget 

information submitted to Congress by the Secretary of 

Energy in support of expenditure estimates and proposed 

appropriations in the budget submitted to Congress by 

the President under section 1105(a) of title 31, United 

States Code, for any fiscal year, as shown in the futureyears energy program submitted pursuant to subsection 

(a). 

(B) The total amounts of estimated expenditures and 

proposed appropriations necessary to support the programs, 

projects, and activities of the administration included 

pursuant to paragraph (5) of section 1105(a) of such title 

in the budget submitted to Congress under that section 

for any fiscal year. 

SEC. 305. Section 1702 of the Energy Policy Act of 2005 (42 

U.S.C. 16512) is amended— 

(1) by striking subsection (b) and inserting the following: 

‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBUTION.— 

‘‘(1) IN GENERAL.—No guarantee shall be made unless— 

‘‘(A) an appropriation for the cost of the guarantee 

has been made; 

‘‘(B) the Secretary has received from the borrower a 

payment in full for the cost of the guarantee and deposited 

the payment into the Treasury; or 

‘‘(C) a combination of one or more appropriations under 

subparagraph (A) and one or more payments from the 

borrower under subparagraph (B) has been made that is 

sufficient to cover the cost of the guarantee.’’. 

SEC. 306. Plant or construction projects for which amounts 

are made available under this and subsequent appropriation Acts 

with a current estimated cost of less than $10,000,000 are considered for purposes of section 4703 of Public Law 107–314 as a 

plant project for which the approved total estimated cost does 

not exceed the minor construction threshold and for purposes of 

section 4704 of Public Law 107–314 as a construction project with 

a current estimated cost of less than a minor construction threshold. 

SEC. 307. In section 839b(h)(10)(B) of title 16, United States 

Code, strike ‘‘$1,000,000’’ and insert ‘‘$2,500,000’’. 

50 USC 2743a. 


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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; 

Deadline. 

Notification. 

Determination. 

Uranium. 

Determination. 

Notification. 

Deadline. 

Grants. 

Contracts. 

Notification. 

Deadline. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 879 

(2) an estimate by the Secretary of the gross market value 

of the uranium on the expected date of the transfer, sale, 

barter, distribution, or other provision of the uranium; 

(3) the expected date of transfer, sale, barter, distribution, 

or other provision of the uranium; 

(4) the recipient of the uranium; and 

(5) the value of the services the Secretary expects to receive 

in exchange for the uranium, including any reductions to the 

gross value of the uranium by the recipient. 

(c) Not later than June 30, 2012, the Secretary shall submit 

to the House and Senate Committees on Appropriations a revised 

excess uranium inventory management plan for fiscal years 2013 

through 2018. 

(d) Not later than December 31, 2011 the Secretary shall submit 

to the House and Senate Committees on Appropriations a report 

evaluating the economic feasibility of re-enriching depleted uranium 

located at Federal sites. 

SEC. 313. None of the funds made available by this Act may 

be used to pay the salaries of Department of Energy employees 

to carry out section 407 of division A of the American Recovery 

and Reinvestment Act of 2009. 

SEC. 314. (a) The Secretary of Energy may openly compete 

and issue an award to allow a third party, on a fee-for-service 

basis, to operate and maintain a metering station of the Strategic 

Petroleum Reserve that is underutilized (as defined in section 102– 

75.50 of title 41, Code of Federal Regulations (or successor regulations)) and related equipment. 

(b) Not later than 30 days before the issuance of such award, 

the Secretary of Energy shall certify to the Committees on Appropriations of the House of Representatives and the Senate that 

the award will not reduce the reliability or accessibility of the 

Strategic Petroleum Reserve, raise costs of oil in the local market, 

or negatively impact the supply of oil to current users. 

(c) Funds collected under subsection (a) shall be deposited 

in the general fund of the Treasury. 

SEC. 315. None of the funds made available in this Act may 

be used— 

(1) to implement or enforce section 430.32(x) of title 10, 

Code of Federal Regulations; or 

(2) to implement or enforce the standards established by 

the tables contained in section 325(i)(1)(B) of the Energy Policy 

and Conservation Act (42 U.S.C. 6295(i)(1)(B)) with respect 

to BPAR incandescent reflector lamps, BR incandescent 

reflector lamps, and ER incandescent reflector lamps. 

SEC. 316. Recipients of grants awarded by the Department 

in excess of $1,000,000 shall certify that they will, by the end 

of the fiscal year, upgrade the efficiency of their facilities by 

replacing any lighting that does not meet or exceed the energy 

efficiency standard for incandescent light bulbs set forth in section 

325 of the Energy Policy and Conservation Act (42 U.S.C. 6295). 

Grants. 

Certification. 

Deadline. 

Certification. 

Deadline. 

Reports. 

Deadline. 

Inventory plan. 


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125 STAT. 880 PUBLIC LAW 112–74—DEC. 23, 2011 

TITLE IV 

INDEPENDENT AGENCIES 

APPALACHIAN REGIONAL COMMISSION

For expenses necessary to carry out the programs authorized 

by the Appalachian Regional Development Act of 1965, as amended, 

for necessary expenses for the Federal Co-Chairman and the Alternate on the Appalachian Regional Commission, for payment of 

the Federal share of the administrative expenses of the Commission, 

including services as authorized by 5 U.S.C. 3109, and hire of 

passenger motor vehicles, $68,263,000, to remain available until 

expended. 

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SALARIES AND EXPENSES

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. 

Contracts. 

Deadline. 

Contracts. 

42 USC 2286j. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 881 

NORTHERN BORDER REGIONAL COMMISSION

For necessary expenses of the Northern Border Regional 

Commission in carrying out activities authorized by subtitle V 

of title 40, United States Code, $1,497,000, to remain available 

until expended: Provided, That such amounts shall be available 

for administrative expenses, notwithstanding section 15751(b) of 

title 40, United States Code. 

SOUTHEAST CRESCENT REGIONAL COMMISSION

For necessary expenses of the Southeast Crescent Regional 

Commission in carrying out activities authorized by subtitle V 

of title 40, United States Code, $250,000, to remain available until 

expended. 

NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out 

the purposes of the Energy Reorganization Act of 1974, as amended, 

and the Atomic Energy Act of 1954, as amended, including official 

representation expenses (not to exceed $25,000), $1,027,240,000, 

to remain available until expended: Provided, That of the amount 

appropriated herein, not more than $9,000,000 may be made available for salaries and other support costs for the Office of the 

Commission: Provided further, That revenues from licensing fees, 

inspection services, and other services and collections estimated 

at $899,726,000 in fiscal year 2012 shall be retained and used 

for necessary salaries and expenses in this account, notwithstanding 

31 U.S.C. 3302, and shall remain available until expended: Provided 

further, That the sum herein appropriated shall be reduced by 

the amount of revenues received during fiscal year 2012 so as 

to result in a final fiscal year 2012 appropriation estimated at 

not more than $127,514,000: Provided further, That of the amounts 

appropriated under this heading, $10,000,000 shall be for university 

research and development in areas relevant to their respective 

organization’s mission, and $5,000,000 shall be for a Nuclear 

Science and Engineering Grant Program that will support multiyear 

projects that do not align with programmatic missions but are 

critical to maintaining the discipline of nuclear science and 

engineering. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

$10,860,000, to remain available until September 30, 2013: Provided, That revenues from licensing fees, inspection services, and 

other services and collections estimated at $9,774,000 in fiscal 

year 2012 shall be retained and be available until expended, for 

necessary salaries and expenses in this account, notwithstanding 

section 3302 of title 31, United States Code: Provided further, 

That the sum herein appropriated shall be reduced by the amount 

of revenues received during fiscal year 2012 so as to result in 

a final fiscal year 2012 appropriation estimated at not more than 

$1,086,000. 


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125 STAT. 882 PUBLIC LAW 112–74—DEC. 23, 2011 

NUCLEAR WASTE TECHNICAL REVIEW BOARD

SALARIES AND EXPENSES

For necessary expenses of the Nuclear Waste Technical Review 

Board, as authorized by Public Law 100–203, section 5051, 

$3,400,000 to be derived from the Nuclear Waste Fund, and to 

remain available until expended. 

OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA NATURAL GAS

TRANSPORTATION PROJECTS

For necessary expenses for the Office of the Federal Coordinator 

for Alaska Natural Gas Transportation Projects pursuant to the 

Alaska Natural Gas Pipeline Act of 2004, $1,000,000. 

GENERAL PROVISIONS—INDEPENDENT AGENCIES 

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. 

Waiver authority. 

Certification. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 883 

TITLE V 

GENERAL PROVISIONS 

SEC. 501. None of the funds appropriated by this Act may 

be used in any way, directly or indirectly, to influence congressional 

action on any legislation or appropriation matters pending before 

Congress, other than to communicate to Members of Congress as 

described in 18 U.S.C. 1913. 

SEC. 502. None of the funds made available in this Act may 

be transferred to any department, agency, or instrumentality of 

the United States Government, except pursuant to a transfer made 

by, or transfer authority provided in this Act or any other appropriation Act. 

SEC. 503. None of the funds made available under this Act 

may be expended for any new hire by any Federal agency funded 

in this Act that is not verified through the E-Verify Program as 

described in section 403(a) of the Illegal Immigration Reform and 

Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note). 

SEC. 504. None of the funds made available by this Act may 

be used to enter into a contract, memorandum of understanding, 

or cooperative agreement with, make a grant to, or provide a 

loan or loan guarantee to any corporation that was convicted (or 

had an officer or agent of such corporation acting on behalf of 

the corporation convicted) of a felony criminal violation under any 

Federal law within the preceding 24 months, where the awarding 

agency is aware of the conviction, unless the agency has considered 

suspension or debarment of the corporation, or such officer or agent, 

and made a determination that this further action is not necessary 

to protect the interests of the Government. 

SEC. 505. None of the funds made available by this Act may 

be used to enter into a contract, memorandum of understanding, 

or cooperative agreement with, make a grant to, or provide a 

loan or loan guarantee to, any corporation that has any unpaid 

Federal tax liability that has been assessed, for which all judicial 

and administrative remedies have been exhausted or have lapsed, 

and that is not being paid in a timely manner pursuant to an 

agreement with the authority responsible for collecting the tax 

liability, where the awarding agency is aware of the unpaid tax 

liability, unless the agency has considered suspension or debarment 

of the corporation and made a determination that this further 

action is not necessary to protect the interests of the Government. 

SEC. 506. None of the funds made available by this Act may 

be used in contravention of Executive Order No. 12898 of February 

11, 1994 (‘‘Federal Actions to Address Environmental Justice in 

Minority Populations and Low-Income Populations’’). 

This division may be cited as the ‘‘Energy and Water Development and Related Agencies Appropriations Act, 2012’’. 

Corporations. 

Tax liability. 

Determination. 

Corporations. 

Criminal 

violations. 

Determination. 

Lobbying. 


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125 STAT. 884 PUBLIC LAW 112–74—DEC. 23, 2011 

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 

Financial 

Services and 

General 

Government 

Appropriations 

Act, 2012. 

Department of 

the Treasury 

Appropriations 

Act, 2012. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 885 

not to exceed $2,500 shall be available for official reception and 

representation expenses. 

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Treasury Inspector General for 

Tax Administration in carrying out the Inspector General Act of 

1978, including purchase (not to exceed 150 for replacement only 

for police-type use) and hire of passenger motor vehicles (31 U.S.C. 

1343(b)); services authorized by 5 U.S.C. 3109, at such rates as 

may be determined by the Inspector General for Tax Administration; $151,696,000, of which not to exceed $500,000 shall be available for unforeseen emergencies of a confidential nature, to be 

allocated and expended under the direction of the Inspector General 

for Tax Administration; and of which not to exceed $1,500 shall 

be available for official reception and representation expenses. 

SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF

PROGRAM

SALARIES AND EXPENSES

For necessary expenses of the Office of the Special Inspector 

General in carrying out the provisions of the Emergency Economic 

Stabilization Act of 2008 (Public Law 110–343), $41,800,000. 

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

For necessary expenses of the Financial Crimes Enforcement 

Network, including hire of passenger motor vehicles; travel and 

training expenses, including for course development, of non-Federal 

and foreign government personnel to attend meetings and training 

concerned with domestic and foreign financial intelligence activities, 

law enforcement, and financial regulation; not to exceed $14,000 

for official reception and representation expenses; and for assistance 

to Federal law enforcement agencies, with or without reimbursement, $110,788,000, of which not to exceed $34,335,000 shall remain 

available until September 30, 2014: Provided, That funds appropriated in this account may be used to procure personal services 

contracts. 

TREASURY FORFEITURE FUND

(RESCISSION)

Of the unobligated balances available under this heading, 

$950,000,000 are rescinded. 


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125 STAT. 886 PUBLIC LAW 112–74—DEC. 23, 2011 

FINANCIAL MANAGEMENT SERVICE

SALARIES AND EXPENSES

For necessary expenses of the Financial Management Service, 

$217,805,000, of which not to exceed $4,210,000 shall remain available until September 30, 2014, for information systems modernization initiatives; and of which not to exceed $2,500 shall be available 

for official reception and representation expenses. 

ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

SALARIES AND EXPENSES

For necessary expenses of carrying out section 1111 of the 

Homeland Security Act of 2002, including hire of passenger motor 

vehicles, $99,878,000; of which not to exceed $6,000 for official 

reception and representation expenses; not to exceed $50,000 for 

cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement: Provided, That of the amount 

appropriated under this heading, $2,000,000 shall be for the costs 

of special law enforcement agents to target tobacco smuggling and 

other criminal diversion activities. 

UNITED STATES MINT

UNITED STATES MINT PUBLIC ENTERPRISE FUND

Pursuant to section 5136 of title 31, United States Code, the 

United States Mint is provided funding through the United States 

Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services, 

including both operating expenses and capital investments. The 

aggregate amount of new liabilities and obligations incurred during 

fiscal year 2012 under such section 5136 for circulating coinage 

and protective service capital investments of the United States 

Mint shall not exceed $20,000,000. 

BUREAU OF THE PUBLIC DEBT

ADMINISTERING THE PUBLIC DEBT

For necessary expenses connected with any public-debt issues 

of the United States, $173,635,000, of which not to exceed $2,500 

shall be available for official reception and representation expenses, 

and of which not to exceed $10,000,000 shall remain available 

until September 30, 2014 to reduce improper payments: Provided, 

That the sum appropriated herein from the general fund for fiscal 

year 2012 shall be reduced by not more than $8,000,000 as definitive 

security issue fees and Legacy Treasury Direct Investor Account 

Maintenance fees are collected, so as to result in a final fiscal 

year 2012 appropriation from the general fund estimated at 

$165,635,000. In addition, $165,000 to be derived from the Oil 

Spill Liability Trust Fund to reimburse the Bureau for administrative and personnel expenses for financial management of the Fund, 

as authorized by section 1012 of Public Law 101–380. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 887 

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND

PROGRAM ACCOUNT

To carry out the Community Development Banking and Financial Institutions Act of 1994 (Public Law 103–325), including services authorized by 5 U.S.C. 3109, but at rates for individuals not 

to exceed the per diem rate equivalent to the rate for ES–3, notwithstanding section 4707(e) of title 12, United States Code with regard 

to Small and/or Emerging Community Development Financial 

Institutions Assistance awards, $221,000,000, to remain available 

until September 30, 2013; of which $12,000,000, notwithstanding 

section 4707(e) of title 12, United States Code, shall be for financial 

assistance, technical assistance, training and outreach programs, 

designed to benefit Native American, Native Hawaiian, and Alaskan 

Native communities and provided primarily through qualified 

community development lender organizations with experience and 

expertise in community development banking and lending in Indian 

country, Native American organizations, tribes and tribal organizations and other suitable providers; of which, notwithstanding section 

108(d) of such Act, up to $22,000,000 shall be for a Healthy Food 

Financing Initiative to provide grants and loans to community 

development financial institutions for the purpose of offering affordable financing and technical assistance to expand the availability 

of healthy food options in distressed communities; of which 

$18,000,000 shall be for the Bank Enterprise Awards program; 

and of which up to $22,965,000 may be used for administrative 

expenses, including administration of the New Markets Tax Credit; 

of which up to $10,315,000 may be used for the cost of direct 

loans; and of which up to $250,000 may be used for administrative 

expenses to carry out the direct loan program: Provided, That 

the cost of direct loans, including the cost of modifying such loans, 

shall be as defined in section 502 of the Congressional Budget 

Act of 1974: Provided further, That these funds are available to 

subsidize gross obligations for the principal amount of direct loans 

not to exceed $25,000,000: Provided further, That of the funds 

awarded under this heading, not less than 10 percent shall be 

used for projects that serve populations living in persistent poverty 

counties (where such term is defined as any county that has had 

20 percent or more of its population living in poverty over the 

past 30 years, as measured by the 1990, 2000, and 2010 decennial 

censuses). 

INTERNAL REVENUE SERVICE

TAXPAYER SERVICES

For necessary expenses of the Internal Revenue Service to 

provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, and 

other services as authorized by 5 U.S.C. 3109, at such rates as 

may be determined by the Commissioner, $2,239,703,000, of which 

not less than $5,600,000 shall be for the Tax Counseling for the 

Elderly Program, of which not less than $9,750,000 shall be available for low-income taxpayer clinic grants, of which not less than 

$12,000,000, to remain available until September 30, 2013, shall 

be available for a Community Volunteer Income Tax Assistance 

matching grants program for tax return preparation assistance, 

of which not less than $205,000,000 shall be available for operating 


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125 STAT. 888 PUBLIC LAW 112–74—DEC. 23, 2011 

expenses of the Taxpayer Advocate Service, and of which 

$15,481,000 shall be for expenses necessary to implement the tax 

credit in title II of division A of the Trade Act of 2002 (Public 

Law 107–210). 

ENFORCEMENT

For necessary expenses for tax enforcement activities of the 

Internal Revenue Service to determine and collect owed taxes, to 

provide legal and litigation support, to conduct criminal investigations, to enforce criminal statutes related to violations of internal 

revenue laws and other financial crimes, to purchase (for policetype use, not to exceed 850) and hire passenger motor vehicles 

(31 U.S.C. 1343(b)), and to provide other services as authorized 

by 5 U.S.C. 3109, at such rates as may be determined by the 

Commissioner, $5,299,367,000, of which not less than $60,257,000 

shall be for the Interagency Crime and Drug Enforcement program. 

OPERATIONS SUPPORT

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 

Deadlines. 

Reports. 

26 USC 7801 

note. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 889 

related contractual costs of said acquisitions, including related 

Internal Revenue Service labor costs, and contractual costs associated with operations authorized by 5 U.S.C. 3109: Provided, That 

not later than 14 days after the end of each quarter of each 

fiscal year, the Internal Revenue Service shall submit a report 

to the House and Senate Committees on Appropriations and the 

Comptroller General of the United States detailing the cost and 

schedule performance for CADE2 and Modernized e-File information 

technology investments, including the purposes and life-cycle stages 

of the investments; the reasons for any cost and schedule variances; 

the risks of such investments and the strategies the Internal Revenue Service is using to mitigate such risks; and the expected 

developmental milestones to be achieved and costs to be incurred 

in the next quarter. 

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. 

Confidentiality. 

Identity theft. 

Deadline. 

Reports. 

26 USC 7801 

note. 


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125 STAT. 890 PUBLIC LAW 112–74—DEC. 23, 2011 

SEC. 106. Not to exceed 2 percent of any appropriations in 

this Act made available to the Departmental Offices—Salaries and 

Expenses, Office of Inspector General, Special Inspector General 

for the Troubled Asset Relief Program, Financial Management 

Service, Alcohol and Tobacco Tax and Trade Bureau, Financial 

Crimes Enforcement Network, and Bureau of the Public Debt, may 

be transferred between such appropriations upon the advance 

approval of the Committees on Appropriations: Provided, That no 

transfer may increase or decrease any such appropriation by more 

than 2 percent. 

SEC. 107. Not to exceed 2 percent of any appropriation made 

available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration’s 

appropriation upon the advance approval of the Committees on 

Appropriations: Provided, That no transfer may increase or decrease 

any such appropriation by more than 2 percent. 

SEC. 108. Of the funds available for the purchase of law enforcement vehicles, no funds may be obligated until the Secretary of 

the Treasury certifies that the purchase by the respective Treasury 

bureau is consistent with departmental vehicle management principles: Provided, That the Secretary may delegate this authority 

to the Assistant Secretary for Management. 

SEC. 109. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau 

of Engraving and Printing may be used to redesign the $1 Federal 

Reserve note. 

SEC. 110. The Secretary of the Treasury may transfer funds 

from Financial Management Service, Salaries and Expenses to the 

Debt Collection Fund as necessary to cover the costs of debt collection: Provided, That such amounts shall be reimbursed to such 

salaries and expenses account from debt collections received in 

the Debt Collection Fund. 

SEC. 111. Section 122(g)(1) of Public Law 105–119 (5 U.S.C. 

3104 note), is further amended by striking ‘‘12 years’’ and inserting 

‘‘14 years’’. 

SEC. 112. None of the funds appropriated or otherwise made 

available by this or any other Act may be used by the United 

States Mint to construct or operate any museum without the explicit 

approval of the Committees on Appropriations of the House of 

Representatives and the Senate, the House Committee on Financial 

Services, and the Senate Committee on Banking, Housing, and 

Urban Affairs. 

SEC. 113. None of the funds appropriated or otherwise made 

available by this or any other Act or source to the Department 

of the Treasury, the Bureau of Engraving and Printing, and the 

United States Mint, individually or collectively, may be used to 

consolidate any or all functions of the Bureau of Engraving and 

Printing and the United States Mint without the explicit approval 

of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; and the Committees on Appropriations of the House of Representatives and the 

Senate. 

SEC. 114. Funds appropriated by this Act, or made available 

by the transfer of funds in this Act, for the Department of the 

Treasury’s intelligence or intelligence related activities are deemed 

to be specifically authorized by the Congress for purposes of section 

504 of the National Security Act of 1947 (50 U.S.C. 414) during 

Delegation 

authority. 

Certification. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 891 

fiscal year 2012 until the enactment of the Intelligence Authorization Act for Fiscal Year 2012. 

SEC. 115. Not to exceed $5,000 shall be made available from 

the Bureau of Engraving and Printing’s Industrial Revolving Fund 

for necessary official reception and representation expenses. 

SEC. 116. Section 5114(c) of title 31, United States Code 

(relating to engraving and printing currency and security documents), is amended by striking ‘‘for a period of not more than 

4 years’’. 

SEC. 117. In the current fiscal year and each fiscal year hereafter, any person who forwards to the Bureau of Engraving and 

Printing a mutilated paper currency claim equal to or exceeding 

$10,000 for redemption will be required to provide the Bureau 

their taxpayer identification number. 

SEC. 118. Section 5318(g)(2)(A) of title 31, United States Code, 

is amended— 

(1) by striking clause (i) and inserting the following: 

‘‘(i) neither the financial institution, director, 

officer, employee, or agent of such institution (whether 

or not any such person is still employed by the institution), nor any other current or former director, officer, 

or employee of, or contractor for, the financial institution or other reporting person, may notify any person 

involved in the transaction that the transaction has 

been reported; and’’; and 

(2) in clause (ii)— 

(A) by striking ‘‘no officer or employee of’’ and inserting 

‘‘no current or former officer or employee of or contractor 

for’’; and 

(B) by inserting ‘‘or for’’ before ‘‘any State’’. 

SEC. 119. Section 5319 of title 31, United States Code (relating 

to availability of reports), is amended by inserting after ‘‘title 5’’ 

the following: ‘‘, and may not be disclosed under any State, local, 

tribal, or territorial ‘freedom of information’, ‘open government’, 

or similar law’’. 

SEC. 120. Section 5331(a) of title 31, United States Code, is 

amended— 

(1) by striking paragraph (1) and inserting the following: 

‘‘(1)(A) who is engaged in a trade or business, and’’; 

(2) by redesignating paragraph (2) as subparagraph (B); 

(3) in subparagraph (B), as so redesignated, by adding 

‘‘or’’ at the end; and 

(4) by inserting after subparagraph (B), as so redesignated, 

the following new paragraph: 

‘‘(2) who is required to file a report under section 6050I(g) 

of the Internal Revenue Code of 1986,’’. 

SEC. 121. The Secretary of the Treasury shall submit a Capital 

Investment Plan to the Committees on Appropriations of the Senate 

and the House of Representatives not later than 30 days following 

the submission of the annual budget for the Administration submitted by the President: Provided, That such Capital Investment 

Plan shall include capital investment spending from all accounts 

within the Department of the Treasury, including but not limited 

to the Department-wide Systems and Capital Investment Programs 

account, the Working Capital Fund account, and the Treasury Forfeiture Fund account: Provided further, That such Capital Investment Plan shall include expenditures occurring in previous fiscal 

Plans. 

Deadline. 

31 USC 5120 

note. 


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125 STAT. 892 PUBLIC LAW 112–74—DEC. 23, 2011 

years for each capital investment project that has not been fully 

completed. 

This title may be cited as the ‘‘Department of the Treasury 

Appropriations Act, 2012’’. 

TITLE II 

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS 

APPROPRIATED TO THE PRESIDENT 

COMPENSATION OF THE PRESIDENT

For compensation of the President, including an expense allow- ance 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 

Executive Office 

of the President 

Appropriations 

Act, 2012. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 893 

a reimbursable political event to pay in advance an amount equal 

to the estimated cost of the event, and all such advance payments 

shall be credited to this account and remain available until 

expended: Provided further, That the Executive Residence shall 

require the national committee of the political party of the President 

to maintain on deposit $25,000, to be separately accounted for 

and available for expenses relating to reimbursable political events 

sponsored by such committee during such fiscal year: Provided 

further, That the Executive Residence shall ensure that a written 

notice of any amount owed for a reimbursable operating expense 

under this paragraph is submitted to the person owing such amount 

within 60 days after such expense is incurred, and that such amount 

is collected within 30 days after the submission of such notice: 

Provided further, That the Executive Residence shall charge interest 

and assess penalties and other charges on any such amount that 

is not reimbursed within such 30 days, in accordance with the 

interest and penalty provisions applicable to an outstanding debt 

on a United States Government claim under 31 U.S.C. 3717: Provided further, That each such amount that is reimbursed, and 

any accompanying interest and charges, shall be deposited in the 

Treasury as miscellaneous receipts: Provided further, That the 

Executive Residence shall prepare and submit to the Committees 

on Appropriations, by not later than 90 days after the end of 

the fiscal year covered by this Act, a report setting forth the 

reimbursable operating expenses of the Executive Residence during 

the preceding fiscal year, including the total amount of such 

expenses, the amount of such total that consists of reimbursable 

official and ceremonial events, the amount of such total that consists 

of reimbursable political events, and the portion of each such 

amount that has been reimbursed as of the date of the report: 

Provided further, That the Executive Residence shall maintain a 

system for the tracking of expenses related to reimbursable events 

within the Executive Residence that includes a standard for the 

classification of any such expense as political or nonpolitical: Provided further, That no provision of this paragraph may be construed 

to exempt the Executive Residence from any other applicable 

requirement of subchapter I or II of chapter 37 of title 31, United 

States Code. 

WHITE HOUSE REPAIR AND 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. 

Records. 

Deadline. 

Reports. 

Interest. 

Penalties. 

Deadline. 

Notice. 

Deadlines. 


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125 STAT. 894 PUBLIC LAW 112–74—DEC. 23, 2011 

NATIONAL SECURITY COUNCIL AND HOMELAND SECURITY COUNCIL

SALARIES AND EXPENSES

For necessary expenses of the National Security Council and 

the Homeland Security Council, including services as authorized 

by 5 U.S.C. 3109, $13,048,000. 

OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Administration, 

including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 

107, and hire of passenger motor vehicles, $112,952,000, of which 

$10,403,000 shall remain available until expended for continued 

modernization of the information technology infrastructure within 

the Executive Office of the President. 

OFFICE OF MANAGEMENT AND BUDGET

SALARIES AND EXPENSES

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. 

Deadline. 

Notification. 

Time period. 

Policy review. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 895 

OFFICE OF NATIONAL DRUG CONTROL POLICY

SALARIES AND EXPENSES

For necessary expenses of the Office of National Drug Control 

Policy; for research activities pursuant to the Office of National 

Drug Control Policy Reauthorization Act of 2006 (Public Law 109– 

469); not to exceed $10,000 for official reception and representation 

expenses; and for participation in joint projects or in the provision 

of services on matters of mutual interest with nonprofit, research, 

or public organizations or agencies, with or without reimbursement, 

$24,500,000: Provided, That the Office is authorized to accept, hold, 

administer, and utilize gifts, both real and personal, public and 

private, without fiscal year limitation, for the purpose of aiding 

or facilitating the work of the Office. 

FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Office of National Drug Control 

Policy’s High Intensity Drug Trafficking Areas Program, 

$238,522,000, to remain available until September 30, 2013, for 

drug control activities consistent with the approved strategy for 

each of the designated High Intensity Drug Trafficking Areas 

(‘‘HIDTAs’’), of which not less than 51 percent shall be transferred 

to State and local entities for drug control activities and shall 

be obligated not later than 120 days after enactment of this Act: 

Provided, That up to 49 percent may be transferred to Federal 

agencies and departments in amounts determined by the Director 

of the Office of National Drug Control Policy, of which up to 

$2,700,000 may be used for auditing services and associated activities (including up to $500,000 to ensure the continued operation 

and maintenance of the Performance Management System): Provided further, That, notwithstanding the requirements of Public 

Law 106–58, any unexpended funds obligated prior to fiscal year 

2010 may be used for any other approved activities of that HIDTA, 

subject to reprogramming requirements: Provided further, That each 

HIDTA designated as of September 30, 2011, shall be funded at 

not less than the fiscal year 2011 base level, unless the Director 

submits to the Committees on Appropriations of the House of Representatives and the Senate justification for changes to those levels 

based on clearly articulated priorities and published Office of 

National Drug Control Policy performance measures of effectiveness: Provided further, That the Director shall notify the Committees on Appropriations of the initial allocation of fiscal year 2012 

funding among HIDTAs not later than 45 days after enactment 

of this Act, and shall notify the Committees of planned uses of 

discretionary HIDTA funding, as determined in consultation with 

the HIDTA Directors, not later than 90 days after enactment of 

this Act. 

Notifications. 

Deadlines. 

Funding 

justification. 

Deadline. 

21 USC 1702 

note. 


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125 STAT. 896 PUBLIC LAW 112–74—DEC. 23, 2011 

OTHER FEDERAL DRUG CONTROL PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

For other drug control activities authorized by the Office of 

National Drug Control Policy Reauthorization Act of 2006 (Public 

Law 109–469), $105,550,000, to remain available until expended, 

which shall be available as follows: $92,000,000 for the Drug-Free 

Communities Program, of which $2,000,000 shall be made available 

as directed by section 4 of Public Law 107–82, as amended by 

Public Law 109–469 (21 U.S.C. 1521 note); $1,400,000 for drug 

court training and technical assistance; $9,000,000 for anti-doping 

activities; $1,900,000 for the United States membership dues to 

the World Anti-Doping Agency; and $1,250,000 shall be made available as directed by section 1105 of Public Law 109–469. 

INTEGRATED, EFFICIENT AND EFFECTIVE 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. 

Deadlines. 

Reports. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 897 

OFFICIAL RESIDENCE OF THE VICE PRESIDENT

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For the care, operation, refurnishing, improvement, and to the 

extent not otherwise provided for, heating and lighting, including 

electric power and fixtures, of the official residence of the Vice 

President; the hire of passenger motor vehicles; and not to exceed 

$90,000 for official entertainment expenses of the Vice President, 

to be accounted for solely on his certificate, $307,000: Provided, That advances or repayments or transfers from this appropriation 

may be made to any department or agency for expenses of carrying 

out such activities. 

ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF THE

PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT

(INCLUDING TRANSFERS OF FUNDS AND RESCISSIONS)

SEC. 201. From funds made available in this Act under the 

headings ‘‘The White House’’, ‘‘Executive Residence at the White 

House’’, ‘‘White House Repair and Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National Security Council and Homeland Security 

Council’’, ‘‘Office of Administration’’, ‘‘Special Assistance to the 

President’’, and ‘‘Official Residence of the Vice President’’, the 

Director of the Office of Management and Budget (or such other 

officer as the President may designate in writing), may, 15 days 

after giving notice to the Committees on Appropriations of the 

House of Representatives and the Senate, transfer not to exceed 

10 percent of any such appropriation to any other such appropriation, to be merged with and available for the same time and for 

the same purposes as the appropriation to which transferred: Provided, That the amount of an appropriation shall not be increased 

by more than 50 percent by such transfers: Provided further, That 

no amount shall be transferred from ‘‘Special Assistance to the 

President’’ or ‘‘Official Residence of the Vice President’’ without 

the approval of the Vice President. 

SEC. 202. The Director of the Office of Management and Budget 

shall submit to the Committees on Appropriations of the House 

and the Senate a report on the implementation of Executive Order 

No. 13563 (76 Fed. Reg. 3821; relating to Improving Regulation 

and Regulatory Review) by April 2, 2012. The report shall include 

information on— 

(a) increasing public participation in the rulemaking 

process and reducing uncertainty; 

(b) improving coordination across Federal agencies to eliminate redundant, inconsistent, and overlapping regulations; and 

(c) identifying existing regulations that have been reviewed 

and determined to be outmoded, ineffective, or excessively 

burdensome. 

SEC. 203. Within 120 days after the date of enactment of 

this section, the Director of the Office of Management and Budget 

shall submit a report to the Committees on Appropriations of the 

House and the Senate on the costs of implementing the DoddFrank Wall Street Reform and Consumer Protection Act (Public 

Law 111–203). Such report shall include— 

Deadline. 

Reports. 

Reports. 

Time period. 

Notification. 


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125 STAT. 898 PUBLIC LAW 112–74—DEC. 23, 2011 

(1) the estimated mandatory and discretionary obligations 

of funds through fiscal year 2014, by Federal agency and by 

fiscal year, including— 

(A) the estimated obligations by cost inputs such as 

rent, information technology, contracts, and personnel; 

(B) the methodology and data sources used to calculate 

such estimated obligations; and 

(C) the specific section of such Act that requires the 

obligation of funds; and 

(2) the estimated receipts through fiscal year 2014 from 

assessments, user fees, and other fees by the Federal agency 

making the collections, by fiscal year, including— 

(A) the methodology and data sources used to calculate 

such estimated collections; and 

(B) the specific section of such Act that authorizes 

the collection of funds. 

SEC. 204. The Director of the Office of National Drug Control 

Policy shall submit to the Committees on Appropriations of the 

House of Representatives and the Senate not later than 60 days 

after the date of enactment of this Act, and prior to the initial 

obligation of more than 20 percent of the funds appropriated in 

any account under the heading ‘‘Office of National Drug Control 

Policy’’, a detailed narrative and financial plan on the proposed 

uses of all funds under the account by program, project, and activity: 

Provided, That the reports required by this section shall be updated 

and submitted to the Committees on Appropriations every 6 months 

and shall include information detailing how the estimates and 

assumptions contained in previous reports have changed: Provided 

further, That any new projects and changes in funding of ongoing 

projects shall be subject to the prior approval of the Committees 

on Appropriations. 

SEC. 205. Not to exceed 2 percent of any appropriations in 

this Act made available to the Office of National Drug Control 

Policy may be transferred between appropriated programs upon 

the advance approval of the Committees on Appropriations: Provided, That no transfer may increase or decrease any such appropriation by more than 3 percent. 

SEC. 206. Not to exceed $1,000,000 of any appropriations in 

this Act made available to the Office of National Drug Control 

Policy may be reprogrammed within a program, project, or activity 

upon the advance approval of the Committees on Appropriations. 

SEC. 207. From the unobligated balances of prior year appropriations made available for the Counterdrug Technology Assessment Center, $5,244,639 are rescinded. 

SEC. 208. From the unobligated balances of prior year appropriations made available for Other Federal Drug Control Programs, 

$359,958 for a chronic users study and $5,723,403 for the National 

Anti-Drug Youth Media Campaign are rescinded. 

SEC. 209. Of the unobligated balances available under the 

heading ‘‘Executive Office of the President and Funds Appropriated 

to the President—Partnership Fund for Program Integrity Innovation’’ in title II of division C of the Consolidated Appropriations 

Act, 2010 (Public Law 111–117), $10,000,000 are rescinded. In 

addition to the amounts made available under such heading in 

this Act, $10,000,000 are appropriated, to remain available until 

September 30, 2013. 

Deadlines. 

Reports. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 899 

This title may be cited as the ‘‘Executive Office of the President 

Appropriations Act, 2012’’. 

TITLE III 

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 

Judiciary 

Appropriations 

Act, 2012. 


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125 STAT. 900 PUBLIC LAW 112–74—DEC. 23, 2011 

and ammunition); of which not to exceed $27,817,000 shall remain 

available until expended for space alteration projects and for furniture and furnishings related to new space alteration and construction projects. 

In addition, for expenses of the United States Court of Federal 

Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986 (Public Law 99–660), not to exceed 

$5,000,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. 

DEFENDER SERVICES

For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed 

to represent persons under 18 U.S.C. 3006A and 3599, and for 

the compensation and reimbursement of expenses of persons furnishing investigative, expert, and other services for such representations as authorized by law; the compensation (in accordance with 

the maximums under 18 U.S.C. 3006A) and reimbursement of 

expenses of attorneys appointed to assist the court in criminal 

cases where the defendant has waived representation by counsel; 

the compensation and reimbursement of expenses of attorneys 

appointed to represent jurors in civil actions for the protection 

of their employment, as authorized by 28 U.S.C. 1875(d)(1); the 

compensation and reimbursement of expenses of attorneys 

appointed under 18 U.S.C. 983(b)(1) in connection with certain 

judicial civil forfeiture proceedings; the compensation and 

reimbursement of travel expenses of guardians ad litem appointed 

under 18 U.S.C. 4100(b); and for necessary training and general 

administrative expenses, $1,031,000,000, to remain available until 

expended. 

FEES OF JURORS AND COMMISSIONERS

For fees and expenses of jurors as authorized by 28 U.S.C. 

1871 and 1876; compensation of jury commissioners as authorized 

by 28 U.S.C. 1863; and compensation of commissioners appointed 

in condemnation cases pursuant to rule 71.1(h) of the Federal 

Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)), 

$51,908,000, to remain available until expended: Provided, That 

the compensation of land commissioners shall not exceed the daily 

equivalent of the highest rate payable under 5 U.S.C. 5332. 

COURT SECURITY

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses, not otherwise provided for, incident 

to the provision of protective guard services for United States 

courthouses and other facilities housing Federal court operations, 

and the procurement, installation, and maintenance of security 

systems and equipment for United States courthouses and other 

facilities housing Federal court operations, including building 

ingress-egress control, inspection of mail and packages, directed 

security patrols, perimeter security, basic security services provided 

by the Federal Protective Service, and other similar activities as 

authorized by section 1010 of the Judicial Improvement and Access 

to Justice Act (Public Law 100–702), $500,000,000, of which not 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 901 

to exceed $15,000,000 shall remain available until expended, to 

be expended directly or transferred to the United States Marshals 

Service, which shall be responsible for administering the Judicial 

Facility Security Program consistent with standards or guidelines 

agreed to by the Director of the Administrative Office of the United 

States Courts and the Attorney General. 

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

For necessary expenses of the Administrative Office of the 

United States Courts as authorized by law, including travel as 

authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle 

as authorized by 31 U.S.C. 1343(b), advertising and rent in the 

District of Columbia and elsewhere, $82,909,000, of which not to 

exceed $8,500 is authorized for official reception and representation 

expenses. 

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90–219, $27,000,000; of which $1,800,000 

shall remain available through September 30, 2013, to provide 

education and training to Federal court personnel; and of which 

not to exceed $1,500 is authorized for official reception and representation expenses. 

JUDICIAL RETIREMENT FUNDS

PAYMENT TO JUDICIARY TRUST FUNDS

For payment to the Judicial Officers’ Retirement Fund, as authorized by 28 U.S.C. 377(o), $86,968,000; to the Judicial Survivors’ Annuities Fund, as authorized by 28 U.S.C. 376(c), 

$12,600,000; and to the United States Court of Federal Claims 

Judges’ Retirement Fund, as authorized by 28 U.S.C. 178(l), 

$4,200,000. 

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $16,500,000, 

of which not to exceed $1,000 is authorized for official reception 

and representation expenses. 

ADMINISTRATIVE PROVISIONS—THE JUDICIARY

(INCLUDING TRANSFER OF FUNDS)

SEC. 301. Appropriations and authorizations made in this title 

which are available for salaries and expenses shall be available 

for services as authorized by 5 U.S.C. 3109. 

SEC. 302. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Judiciary in this Act 


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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 

District of 

Columbia 

Appropriations 

Act, 2012. 

Reimbursement. 

Security services. 

Applicability. 


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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 

Time period. 

Notification. 

Deadlines. 

Reports. 

Accounts. 


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125 STAT. 904 PUBLIC LAW 112–74—DEC. 23, 2011 

District of Columbia Courts may reallocate not more than 

$3,000,000 of the funds provided under this heading among the 

items and entities funded under this heading but no such allocation 

shall be increased by more than 10 percent. 

FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF

COLUMBIA COURTS

(INCLUDING TRANSFER OF FUNDS)

For payments authorized under section 11–2604 and section 

11–2605, D.C. Official Code (relating to representation provided 

under the District of Columbia Criminal Justice Act), payments 

for counsel appointed in proceedings in the Family Court of the 

Superior Court of the District of Columbia under chapter 23 of 

title 16, D.C. Official Code, or pursuant to contractual agreements 

to provide guardian ad litem representation, training, technical 

assistance, and such other services as are necessary to improve 

the quality of guardian ad litem representation, payments for 

counsel appointed in adoption proceedings under chapter 3 of title 

16, D.C. Official Code, and payments authorized under section 

21–2060, D.C. Official Code (relating to services provided under 

the District of Columbia Guardianship, Protective Proceedings, and 

Durable Power of Attorney Act of 1986), $55,000,000, to remain 

available until expended: Provided, That funds provided under this 

heading shall be administered by the Joint Committee on Judicial 

Administration in the District of Columbia: Provided further, That 

notwithstanding any other provision of law, this appropriation shall 

be apportioned quarterly by the Office of Management and Budget 

and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies: Provided further, That not more than $10,000,000 of the funds provided in this 

account may be transferred to, and merged with, funds made available under the heading ‘‘Federal Payment to the District of 

Columbia Courts’’ for District of Columbia courthouse facilities. 

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER

SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

For salaries and expenses, including the transfer and hire 

of motor vehicles, of the Court Services and Offender Supervision 

Agency for the District of Columbia, as authorized by the National 

Capital Revitalization and Self-Government Improvement Act of 

1997, $212,983,000, of which not to exceed $2,000 is for official 

reception and representation expenses related to Community Supervision and Pretrial Services Agency programs; of which not to 

exceed $25,000 is for dues and assessments relating to the 

implementation of the Court Services and Offender Supervision 

Agency Interstate Supervision Act of 2002; of which $1,000,000 

shall remain available until September 30, 2014 for relocation of 

the Pretrial Services Agency drug testing laboratory; of which 

$153,548,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to include expenses relating 

to the supervision of adults subject to protection orders or the 

provision of services for or related to such persons; of which 

$59,435,000 shall be available to the Pretrial Services Agency: 

Provided, That notwithstanding any other provision of law, all 

amounts under this heading shall be apportioned quarterly by 


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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). 

Records. 

Public 

information. 


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125 STAT. 906 PUBLIC LAW 112–74—DEC. 23, 2011 

FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD

For a Federal payment to the District of Columbia National Guard, $375,000, to remain available until expended for the Major 

General David F. Wherley, Jr. District of Columbia National Guard 

Retention and College Access Program. 

FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS

For a Federal payment to the District of Columbia for the 

testing of individuals for, and the treatment of individuals with, 

human immunodeficiency virus and acquired immunodeficiency syndrome in the District of Columbia, $5,000,000. 

DISTRICT 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 

Rescission. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 907 

the Chief Financial Officer of the District of Columbia shall take 

such steps as are necessary to assure that the District of Columbia 

meets these requirements, including the apportioning by the Chief 

Financial Officer of the appropriations and funds made available 

to the District during fiscal year 2012, except that the Chief Financial Officer may not reprogram for operating expenses any funds 

derived from bonds, notes, or other obligations issued for capital 

projects. 

This title may be cited as the ‘‘District of Columbia Appropriations Act, 2012’’. 

TITLE V 

INDEPENDENT AGENCIES 

ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

SALARIES AND EXPENSES

For necessary expenses of the Administrative Conference of 

the United States, authorized by 5 U.S.C. 591 et seq., $2,900,000, 

to remain available until September 30, 2013, of which not to 

exceed $1,000 is for official reception and representation expenses. 

CHRISTOPHER COLUMBUS FELLOWSHIP FOUNDATION

SALARIES AND EXPENSES

For payment to the Christopher Columbus Fellowship Foundation, established by section 423 of Public Law 102–281, $450,000, 

to remain available until expended. 

CONSUMER PRODUCT SAFETY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Consumer Product Safety 

Commission, including hire of passenger motor vehicles, services 

as authorized by 5 U.S.C. 3109, but at rates for individuals not 

to exceed the per diem rate equivalent to the maximum rate payable 

under 5 U.S.C. 5376, purchase of nominal awards to recognize 

non-Federal officials’ contributions to Commission activities, and 

not to exceed $4,000 for official reception and representation 

expenses, $114,500,000, of which $500,000 shall remain available 

until September 30, 2013, to implement the Virginia Graeme Baker 

Pool and Spa Safety Act grant program as provided by section 

1405 of Public Law 110–140 (15 U.S.C. 8004). 

ADMINISTRATIVE PROVISIONS—CONSUMER PRODUCT SAFETY

COMMISSION

SEC. 501. Section 4(g) of the Consumer Product Safety Act 

(15 U.S.C. 2053(g)) is amended by adding at the end the following: 

‘‘(5) The Chairman may provide to officers and employees 

of the Commission who are appointed or assigned by the 

Commission to serve abroad (as defined in section 102 of the 

Foreign Service Act of 1980 (22 U.S.C. 3902)) travel benefits 

similar to those authorized for members of the Foreign Service 


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125 STAT. 908 PUBLIC LAW 112–74—DEC. 23, 2011 

of the United Service under chapter 9 of such Act (22 U.S.C. 

4081 et seq.).’’. 

SEC. 502. (a) EXTENSION OF GRANT PROGRAM.—Section 1405(e) 

of the Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. 

8004(e)) is amended by striking ‘‘2011’’ and inserting ‘‘2012’’. 

(b) NEW SWIMMING POOLS.—Section 1405(b) of the Virginia 

Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8004 (b)) is 

amended by inserting ‘‘constructed after the date that is 6 months 

after the date of enactment of the Financial Services and General 

Government Appropriations Act, 2012’’ after ‘‘swimming pools’’. 

SEC. 503. Not later than 1 year after the date of the enactment 

of this Act, the Comptroller General of the United States shall 

conduct an analysis of the potential safety risks associated with 

new and emerging consumer products, including chemicals and 

other materials used in their manufacture, taking into account 

the ability and authority of the Consumer Product Safety Commission— 

(1) to identify, assess, and address such risks in a timely 

manner; and 

(2) to keep abreast of the effects of new and emerging 

consumer products on public health and safety. 

SEC. 504. Not later than 150 days after the date of the enactment of this Act, the Comptroller General of the United States 

shall conduct an analysis of— 

(1) the extent to which manufacturers comply with voluntary industry standards for consumer products, particularly 

with respect to inexpensive, imported products; 

(2) whether there are consequences for such manufacturers 

for failing to comply with such standards; 

(3) whether the Consumer Product Safety Commission has 

the authority and the ability to require compliance with such 

standards; and 

(4) whether there are patterns of non-compliance with such 

standards among certain types of products or certain types 

of manufacturers. 

ELECTION ASSISTANCE COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the Help America Vote 

Act of 2002 (Public Law 107–252), $11,500,000, of which $2,750,000 

shall be transferred to the National Institute of Standards and 

Technology for election reform activities authorized under the Help 

America Vote Act of 2002, and of which $1,250,000 shall be for 

the Office of Inspector General. 

FEDERAL COMMUNICATIONS COMMISSION

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 

Deadline. 

Reports. 

Deadline. 

Reports. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 909 

authorized by 5 U.S.C. 3109, $339,844,000: Provided, That 

$339,844,000 of offsetting collections shall be assessed and collected 

pursuant to section 9 of title I of the Communications Act of 

1934, shall be retained and used for necessary expenses in this 

appropriation, and shall remain available until expended: Provided 

further, That the sum herein appropriated shall be reduced as 

such offsetting collections are received during fiscal year 2012 so 

as to result in a final fiscal year 2012 appropriation estimated 

at $0: Provided further, That any offsetting collections received 

in excess of $339,844,000 in fiscal year 2012 shall not be available 

for obligation: Provided further, That remaining offsetting collections from prior years collected in excess of the amount specified 

for collection in each such year and otherwise becoming available 

on October 1, 2011, shall not be available for obligation: Provided 

further, That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from 

the use of a competitive bidding system that may be retained 

and made available for obligation shall not exceed $85,000,000 

for fiscal year 2012: Provided further, That of the amount appropriated under this heading, not less than $9,750,000 shall be for 

the salaries and expenses of the Office of Inspector General. 

ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS

COMMISSION

SEC. 510. Section 302 of the Universal Service Antideficiency 

Temporary Suspension Act is amended by striking ‘‘December 31, 

2011’’, each place it appears and inserting ‘‘December 31, 2013’’. 

SEC. 511. None of the funds appropriated by this Act may 

be used by the Federal Communications Commission to modify, 

amend, or change its rules or regulations for universal service 

support payments to implement the February 27, 2004 recommendations of the Federal-State Joint Board on Universal Service 

regarding single connection or primary line restrictions on universal 

service support payments. 

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. 

118 Stat. 3998. 


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125 STAT. 910 PUBLIC LAW 112–74—DEC. 23, 2011 

FEDERAL LABOR RELATIONS AUTHORITY

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Federal 

Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including 

services authorized by 5 U.S.C. 3109, and including hire of experts 

and consultants, hire of passenger motor vehicles, and including 

official reception and representation expenses (not to exceed $1,500) 

and rental of conference rooms in the District of Columbia and 

elsewhere, $24,723,000: Provided, That public members of the Federal Service Impasses Panel may be paid travel expenses and per 

diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) 

for persons employed intermittently in the Government service, 

and compensation as authorized by 5 U.S.C. 3109: Provided further, 

That notwithstanding 31 U.S.C. 3302, funds received from fees 

charged to non-Federal participants at labor-management relations 

conferences shall be credited to and merged with this account, 

to be available without further appropriation for the costs of carrying out these conferences. 

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Trade Commission, 

including uniforms or allowances therefor, as authorized by 5 U.S.C. 

5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception 

and representation expenses, $311,563,000, to remain available 

until expended: Provided, That not to exceed $300,000 shall be 

available for use to contract with a person or persons for collection 

services in accordance with the terms of 31 U.S.C. 3718: Provided 

further, That, notwithstanding any other provision of law, not to 

exceed $108,000,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino 

Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless 

of the year of collection, shall be retained and used for necessary 

expenses in this appropriation: Provided further, That, notwithstanding any other provision of law, not to exceed $21,000,000 

in offsetting collections derived from fees sufficient to implement 

and enforce the Telemarketing Sales Rule, promulgated under the 

Telemarketing and Consumer Fraud and Abuse Prevention Act 

(15 U.S.C. 6101 et seq.), shall be credited to this account, and 

be retained and used for necessary expenses in this appropriation: 

Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received 

during fiscal year 2012, so as to result in a final fiscal year 2012 

appropriation from the general fund estimated at not more than 

$182,563,000: Provided further, That none of the funds made available to the Federal Trade Commission may be used to implement 

subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance 

Act (12 U.S.C. 1831t). 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 911 

GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

Amounts in the Fund, including revenues and collections deposited into the Fund shall be available for necessary expenses of 

real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District 

of Columbia; restoration of leased premises; moving governmental 

agencies (including space adjustments and telecommunications 

relocation expenses) in connection with the assignment, allocation 

and transfer of space; contractual services incident to cleaning 

or servicing buildings, and moving; repair and alteration of federally 

owned buildings including grounds, approaches and appurtenances; 

care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, 

condemnation, or as otherwise authorized by law; acquisition of 

options to purchase buildings and sites; conversion and extension 

of federally owned buildings; preliminary planning and design of 

projects by contract or otherwise; construction of new buildings 

(including equipment for such buildings); and payment of principal, 

interest, and any other obligations for public buildings acquired 

by installment purchase and purchase contract; in the aggregate 

amount of $8,017,967,000, of which: (1) $50,000,000 shall remain 

available until expended for construction and acquisition (including 

funds for sites and expenses, and associated design and construction 

services): Provided, That the General Services Administration shall 

submit a detailed plan, by project, regarding the use of funds 

to the Committees on Appropriations of the House of Representatives and the Senate within 30 days of enactment of this section 

and will provide notification to the Committees within 15 days 

prior to any changes regarding the use of these funds; (2) 

$280,000,000 shall remain available until expended for repairs and 

alterations, which includes associated design and construction services, of which $260,000,000 is for Basic Repairs and Alterations 

and $20,000,000 is for a Judiciary Capital Security 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 

Advance 

approval. 

Advance 

approval. 

Plans. 

Deadlines. 

Notification. 


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125 STAT. 912 PUBLIC LAW 112–74—DEC. 23, 2011 

between the funds appropriated and expended on any projects in 

this or any prior Act, under the heading ‘‘Repairs and Alterations’’, 

may be transferred to Basic Repairs and Alterations or used to 

fund authorized increases in prospectus projects: Provided further, That all funds for repairs and alterations prospectus projects shall 

expire on September 30, 2013 and remain in the Federal Buildings 

Fund except funds for projects as to which funds for design or 

other funds have been obligated in whole or in part prior to such 

date: Provided further, That the amount provided in this or any 

prior Act for Basic Repairs and Alterations may be used to pay 

claims against the Government arising from any projects under 

the heading ‘‘Repairs and Alterations’’ or used to fund authorized 

increases in prospectus projects; (3) $126,801,000 for installment 

acquisition payments including payments on purchase contracts 

which shall remain available until expended; (4) $5,210,198,000 

for rental of space which shall remain available until expended; 

and (5) $2,350,968,000 for building operations which shall remain 

available until expended: Provided further, That funds available 

to the General Services Administration shall not be available for 

expenses of any construction, repair, alteration and acquisition 

project for which a prospectus, if required by 40 U.S.C. 3307(a), 

has not been approved, except that necessary funds may be 

expended for each project for required expenses for the development 

of a proposed prospectus: Provided further, That funds available 

in the Federal Buildings Fund may be expended for emergency 

repairs when advance approval is obtained from the Committees 

on Appropriations: Provided further, That amounts necessary to 

provide reimbursable special services to other agencies under 40 

U.S.C. 592(b)(2) and amounts to provide such reimbursable fencing, 

lighting, guard booths, and other facilities on private or other 

property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its 

protective functions pursuant to 18 U.S.C. 3056, shall be available 

from such revenues and collections: Provided further, That revenues 

and collections and any other sums accruing to this Fund during 

fiscal year 2012, excluding reimbursements under 40 U.S.C. 

592(b)(2) in excess of the aggregate new obligational authority 

authorized for Real Property Activities of the Federal Buildings 

Fund in this Act shall remain in the Fund and shall not be available 

for expenditure except as authorized in appropriations Acts. 

GENERAL ACTIVITIES

GOVERNMENT-WIDE POLICY

For expenses authorized by law, not otherwise provided for, 

for Government-wide policy and evaluation activities associated 

with the management of real and personal property assets and 

certain administrative services; Government-wide policy support 

responsibilities relating to acquisition, telecommunications, 

information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109; $61,115,000. 

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; agencyExpiration date. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 913 

wide policy direction, management, and communications; the 

Civilian Board of Contract Appeals; services as authorized by 5 

U.S.C. 3109; and not to exceed $7,500 for official reception and 

representation expenses; $69,500,000. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General and 

service authorized by 5 U.S.C. 3109, $58,000,000: Provided, That 

not to exceed $15,000 shall be available for payment for information 

and detection of fraud against the Government, including payment 

for recovery of stolen Government property: Provided further, That 

not to exceed $2,500 shall be available for awards to employees 

of other Federal agencies and private citizens in recognition of 

efforts and initiatives resulting in enhanced Office of Inspector 

General effectiveness. 

ELECTRONIC GOVERNMENT FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses in support of interagency projects that 

enable the Federal Government to expand its ability to conduct 

activities electronically, through the development and implementation of innovative uses of the Internet and other electronic methods, 

$12,400,000, to remain available until expended: Provided, That 

these funds may be transferred to Federal agencies to carry out 

the purpose of the Fund: Provided further, That this transfer 

authority shall be in addition to any other transfer authority provided in this Act: Provided further, That such transfers may not 

be made until 10 days after a proposed spending plan and explanation for each project to be undertaken has been submitted to 

the Committees on Appropriations of the House of Representatives 

and the Senate. 

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. 

Time period. 

Spending plan. 

Project 

explanation. 


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125 STAT. 914 PUBLIC LAW 112–74—DEC. 23, 2011 

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 

Contracts. 

Determination. 

Explanatory 

statement. 

Advance 

approval. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 915 

(2) deleting ‘‘paragraph (2)’’ and inserting in lieu thereof 

‘‘subparagraphs (A) and (C) to (J) of section 1122(a)(5) of this 

title’’. 

SEC. 527. Of the amounts made available under the heading 

‘‘Policy and Operations’’ for the maintenance, protection, and disposal of the U.S. Coast Guard Service Center at Governor’s Island, 

New York and the Lorton Correctional Facility in Lorton, Virginia 

in prior years whether appropriated directly to the General Services 

Administration (GSA) or to any other agency of the Government 

and received by GSA for such purpose, $4,600,000 are rescinded. 

SEC. 528. Within 120 days of enactment, the General Services 

Administration shall submit a detailed report to the Committees 

on Appropriations of the House of Representatives and the Senate 

that describes each program, project, or activity that is funded 

by appropriations to General Services Administration but is not 

under the control or direction, in statute or in practice, of the 

Administrator of General Services. 

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 

Deadline. 

Reports. 


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125 STAT. 916 PUBLIC LAW 112–74—DEC. 23, 2011 

to carry out the activities authorized by section 6(7) of Public 

Law 102–259 (20 U.S.C. 5604(7)). 

ENVIRONMENTAL DISPUTE RESOLUTION FUND

For payment to the Environmental Dispute Resolution Fund 

to carry out activities authorized in the Environmental Policy and 

Conflict Resolution Act of 1998, $3,792,000, to remain available 

until expended. 

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses in connection with the administration 

of the National Archives and Records Administration (including 

the Information Security Oversight Office) and archived Federal 

records and related activities, as provided by law, and for expenses 

necessary for the review and declassification of documents and 

the activities of the Public Interest Declassification Board, and 

for necessary expenses in connection with the operations and 

maintenance of the electronic records archives to include all direct 

project costs associated with research, program management, and 

corrective and adaptive software maintenance, and for the hire 

of passenger motor vehicles, and for uniforms or allowances therefor, 

as authorized by law (5 U.S.C. 5901 et seq.), including maintenance, 

repairs, and cleaning, $373,300,000: Provided, That all remaining 

balances appropriated in prior fiscal years under the heading ‘‘Electronic Records Archives’’ shall be transferred to this account. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Reform Act 

of 2008, Public Law 110–409, 122 Stat. 4302–16 (2008), and the 

Inspector General Act of 1978 (5 U.S.C. App.), and for the hire 

of passenger motor vehicles, $4,100,000. 

REPAIRS AND RESTORATION

For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $9,100,000, to 

remain available until expended: Provided, That from amounts 

made available for the Military Personnel Records Center requirement study under this heading in Public Law 108–199, the 

remaining unobligated balances shall be available to implement 

the National Archives and Records Administration Capital Improvement Plan: Provided further, That from amounts made available 

under this heading in Public Law 111–8 for construction costs 

and related services for building the addition to the John F. Kennedy Presidential Library and Museum and other necessary 

expenses, including renovating the Library as needed in constructing the addition, the remaining unobligated balances shall 

be available to implement the National Archives and Records 

Administration Capital Improvement Plan. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 917 

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION

GRANTS PROGRAM

For necessary expenses for allocations and grants for historical 

publications and records as authorized by 44 U.S.C. 2504, 

$5,000,000, to remain available until expended. 

NATIONAL CREDIT UNION ADMINISTRATION

CENTRAL LIQUIDITY FACILITY

During fiscal year 2012, gross obligations of the Central 

Liquidity Facility for the principal amount of new direct loans 

to member credit unions, as authorized by 12 U.S.C. 1795 et seq., 

shall be the amount authorized by section 307(a)(4)(A) of the Federal 

Credit Union Act (12 U.S.C. 1795f(a)(4)(A)): Provided, That administrative expenses of the Central Liquidity Facility in fiscal year 

2012 shall not exceed $1,250,000. 

COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,247,000 

shall be available until September 30, 2013, for technical assistance 

to low-income designated credit unions. 

OFFICE OF GOVERNMENT ETHICS

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office 

of Government Ethics pursuant to the Ethics in Government Act 

of 1978, and the Ethics Reform Act of 1989, including services 

as authorized by 5 U.S.C. 3109, rental of conference rooms in 

the District of Columbia and elsewhere, hire of passenger motor 

vehicles, and not to exceed $1,500 for official reception and representation expenses, $13,664,000. 

OFFICE OF PERSONNEL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses to carry out functions of the Office 

of Personnel Management (OPM) pursuant to Reorganization Plan 

Numbered 2 of 1978 and the Civil Service Reform Act of 1978, 

including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis; 

rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for 

official reception and representation expenses; advances for 

reimbursements to applicable funds of OPM and the Federal Bureau 

of Investigation for expenses incurred under Executive Order No. 

10422 of January 9, 1953, as amended; and payment of per diem 

and/or subsistence allowances to employees where Voting Rights 

Act activities require an employee to remain overnight at his or 


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125 STAT. 918 PUBLIC LAW 112–74—DEC. 23, 2011 

her post of duty, $97,774,000, of which $6,004,000 shall remain 

available until expended for the Enterprise Human Resources 

Integration project, of which $642,000 may be for strengthening 

the capacity and capabilities of the acquisition workforce (as defined 

by the Office of Federal Procurement Policy Act, as amended (41 

U.S.C. 4001 et seq.)), including the recruitment, hiring, training, 

and retention of such workforce and information technology in 

support of acquisition workforce effectiveness or for management 

solutions to improve acquisition management, and of which 

$1,416,000 shall remain available until expended for the Human 

Resources Line of Business project; and in addition $112,516,000 

for administrative expenses, to be transferred from the appropriate 

trust funds of OPM without regard to other statutes, including 

direct procurement of printed materials, for the retirement and 

insurance programs: Provided, That the provisions of this appropriation shall not affect the authority to use applicable trust funds 

as provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, 

United States Code: Provided further, That no part of this appropriation shall be available for salaries and expenses of the Legal 

Examining Unit of OPM established pursuant to Executive Order 

No. 9358 of July 1, 1943, or any successor unit of like purpose: 

Provided further, That the President’s Commission on White House 

Fellows, established by Executive Order No. 11183 of October 3, 

1964, may, during fiscal year 2012, accept donations of money, 

property, and personal services: Provided further, That such donations, including those from prior years, may be used for the development of publicity materials to provide information about the White 

House Fellows, except that no such donations shall be accepted 

for travel or reimbursement of travel expenses, or for the salaries 

of employees of such Commission. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

including services as authorized by 5 U.S.C. 3109, hire of passenger 

motor vehicles, $3,142,000, and in addition, not to exceed 

$21,174,000 for administrative expenses to audit, investigate, and 

provide other oversight of the Office of Personnel Management’s 

retirement and insurance programs, to be transferred from the 

appropriate trust funds of the Office of Personnel Management, 

as determined by the Inspector General: Provided, That the 

Inspector General is authorized to rent conference rooms in the 

District of Columbia and elsewhere. 

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH

BENEFITS

For payment of Government contributions with respect to 

retired employees, as authorized by chapter 89 of title 5, United 

States Code, and the Retired Federal Employees Health Benefits 

Act (74 Stat. 849), such sums as may be necessary. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 919 

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE

INSURANCE

For payment of Government contributions with respect to 

employees retiring after December 31, 1989, as required by chapter 

87 of title 5, United States Code, such sums as may be necessary. 

PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND

For financing the unfunded liability of new and increased 

annuity benefits becoming effective on or after October 20, 1969, 

as authorized by 5 U.S.C. 8348, and annuities under special Acts 

to be credited to the Civil Service Retirement and Disability Fund, 

such sums as may be necessary: Provided, That annuities authorized by the Act of May 29, 1944, and the Act of August 19, 1950 

(33 U.S.C. 771–775), may hereafter be paid out of the Civil Service 

Retirement and Disability Fund. 

OFFICE OF 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. 

33 USC 776. 


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125 STAT. 920 PUBLIC LAW 112–74—DEC. 23, 2011 

RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD

SALARIES AND EXPENSES

For necessary expenses of the Recovery Accountability and 

Transparency Board to carry out the provisions of title XV of 

the American Recovery and Reinvestment Act of 2009 (Public Law 

111–5), and to develop and test information technology resources 

and oversight mechanisms to enhance transparency of and detect 

and remediate waste, fraud, and abuse in Federal spending, 

$28,350,000, to remain available until September 30, 2013. 

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

For necessary expenses for the Securities and Exchange 

Commission, including services as authorized by 5 U.S.C. 3109, 

the rental of space (to include multiple year leases) in the District 

of Columbia and elsewhere, and not to exceed $3,500 for official 

reception and representation expenses, $1,321,000,000, to remain 

available until expended; of which not less than $6,795,000 shall 

be for the Office of Inspector General; of which not to exceed 

$45,000 shall be available for a permanent secretariat for the International Organization of Securities Commissions; and of which not 

to exceed $100,000 shall be available for expenses for consultations 

and meetings hosted by the Commission with foreign governmental 

and other regulatory officials, members of their delegations and 

staffs to exchange views concerning securities matters, such 

expenses to include necessary logistic and administrative expenses 

and the expenses of Commission staff and foreign invitees in attendance including: (1) incidental expenses such as meals; (2) travel 

and transportation; and (3) related lodging or subsistence: Provided, 

That fees and charges authorized by section 31 of the Securities 

Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to this 

account as offsetting collections: Provided further, That not to exceed 

$1,321,000,000 of such offsetting collections shall be available until 

expended for necessary expenses of this account: Provided further, 

That the total amount appropriated under this heading from the 

general fund for fiscal year 2012 shall be reduced as such offsetting 

fees are received so as to result in a final total fiscal year 2012 

appropriation from the general fund estimated at not more than 

$0. 

SELECTIVE SERVICE SYSTEM

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 

President. 

Exemption 

authority. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 921 

deems such action to be necessary in the interest of national 

defense: Provided further, That none of the funds appropriated 

by this Act may be expended for or in connection with the induction 

of any person into the Armed Forces of the United States. 

SMALL BUSINESS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the Small 

Business Administration as authorized by Public Law 108–447, 

including hire of passenger motor vehicles as authorized by 31 

U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception 

and representation expenses, $417,348,000: Provided, That the 

Administrator is authorized to charge fees to cover the cost of 

publications developed by the Small Business Administration, and 

certain loan program activities, including fees authorized by section 

5(b) of the Small Business Act: Provided further, That, notwithstanding 31 U.S.C. 3302, revenues received from all such activities 

shall be credited to this account, to remain available until expended, 

for carrying out these purposes without further appropriations: 

Provided further, That the Small Business Administration may 

accept gifts in an amount not to exceed $4,000,000 and may cosponsor activities, each in accordance with section 132(a) of division 

K of Public Law 108–447, during fiscal year 2012: Provided further, 

That $112,500,000 shall be available to fund grants for performance 

in fiscal year 2012 or fiscal year 2013 as authorized by section 

21 of the Small Business Act, to remain available until September 

30, 2013: Provided further, That $20,000,000 shall remain available 

until September 30, 2013 for marketing, management, and technical 

assistance under section 7(m) of the Small Business Act (15 U.S.C. 

636(m)(4)) by intermediaries that make microloans under the 

microloan program: Provided further, That $7,100,000 shall be available for the Loan Modernization and Accounting System, to be 

available until September 30, 2013: Provided further, That 

$2,000,000 shall be for the Federal and State Technology Partnership Program under section 34 of the Small Business Act (15 

U.S.C. 657d). 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

$16,267,000. 

OFFICE OF ADVOCACY

For necessary expenses of the Office of Advocacy in carrying 

out the provisions of title II of Public Law 94–305 (15 U.S.C. 

634a et seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 

601 et seq.), $9,120,000, to remain available until expended. 

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 

Military 

induction. 


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125 STAT. 922 PUBLIC LAW 112–74—DEC. 23, 2011 

by section 7(a) of the Small Business Act (Public Law 85–536) 

and section 503 of the Small Business Investment Act of 1958 

(Public Law 85–699), $207,100,000, to remain available until 

expended: Provided, That such costs, including the cost of modifying 

such loans, shall be as defined in section 502 of the Congressional 

Budget Act of 1974: Provided further, That subject to section 502 

of the Congressional Budget Act of 1974, during fiscal year 2012 

commitments to guarantee loans under section 503 of the Small 

Business Investment Act of 1958 shall not exceed $7,500,000,000: 

Provided further, That during fiscal year 2012 commitments for 

general business loans authorized under section 7(a) of the Small 

Business Act shall not exceed $17,500,000,000 for a combination 

of amortizing term loans and the aggregated maximum line of 

credit provided by revolving loans: Provided further, That during 

fiscal year 2012 commitments to guarantee loans for debentures 

under section 303(b) of the Small Business Investment Act of 1958 

shall not exceed $3,000,000,000: Provided further, That during fiscal 

year 2012, guarantees of trust certificates authorized by section 

5(g) of the Small Business Act shall not exceed a principal amount 

of $12,000,000,000. In addition, for administrative expenses to carry 

out the direct and guaranteed loan programs, $147,958,000, which 

may be transferred to and merged with the appropriations for 

Salaries and Expenses. 

DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For administrative expenses to carry out the direct loan program authorized by section 7(b) of the Small Business Act, 

$117,300,000, to be available until expended, of which $1,000,000 

is for the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and the disaster 

loan programs and shall be transferred to and merged with the 

appropriations for the Office of Inspector General; of which 

$110,300,000 is for direct administrative expenses of loan making 

and servicing to carry out the direct loan program, which may 

be transferred to and merged with the appropriations for Salaries 

and Expenses; and of which $6,000,000 is for indirect administrative 

expenses for the direct loan program, which may be transferred 

to and merged with the appropriations for Salaries and Expenses. 

ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

SEC. 530. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations, 

but no such appropriation shall be increased by more than 10 

percent by any such transfers: Provided, That any transfer pursuant 

to this paragraph shall be treated as a reprogramming of funds 

under section 608 of this Act and shall not be available for obligation 

or expenditure except in compliance with the procedures set forth 

in that section. 

SEC. 531. Section 7(d)(5)(D) of the Small Business Act (15 

U.S.C. 636(d)(5)(D)) is amended by striking ‘‘three years’’ and 

inserting ‘‘7 years’’. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 923 

SEC. 532. Beginning in fiscal year 2013 and each fiscal year 

thereafter, the budget request for the Small Business Administration shall provide a detailed justification of any proposed changes 

from the enacted level by individual appropriation. The detailed 

justification shall include at a minimum a description of each credit 

and non-credit program including amount of funding and costs 

by appropriation account and fiscal year. For activities funded in 

multiple appropriations, the budget justification shall specify the 

amount included in each enacted appropriation, the amount proposed in the budget year and a justification for any proposed 

changes. 

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. 

Overseas voting. 

Blind persons. 

Effective date. 

Budget 

justification. 

15 USC 633a. 


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125 STAT. 924 PUBLIC LAW 112–74—DEC. 23, 2011 

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 

Contracts. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 925 

activities unless prior approval is received from the Committees 

on Appropriations of the House of Representatives and the Senate: 

Provided, That prior to any significant reorganization or restructuring of offices, programs, or activities, each agency or entity 

funded in this Act shall consult with the Committees on Appropriations of the House of Representatives and the Senate: Provided 

further, That not later than 60 days after the date of enactment 

of this Act, each agency funded by this Act shall submit a report 

to the Committees on Appropriations of the House of Representatives and the Senate to establish the baseline for application of 

reprogramming and transfer authorities for the current fiscal year: 

Provided further, That at a minimum the report shall include: 

(1) a table for each appropriation with a separate column to display 

the President’s budget request, adjustments made by Congress, 

adjustments due to enacted rescissions, if appropriate, and the 

fiscal year enacted level; (2) a delineation in the table for each 

appropriation both by object class and program, project, and activity 

as detailed in the budget appendix for the respective appropriation; 

and (3) an identification of items of special congressional interest: 

Provided further, That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000 

per day for each day after the required date that the report has 

not been submitted to the Congress. 

SEC. 609. Except as otherwise specifically provided by law, 

not to exceed 50 percent of unobligated balances remaining available 

at the end of fiscal year 2012 from appropriations made available 

for salaries and expenses for fiscal year 2012 in this Act, shall 

remain available through September 30, 2013, for each such account 

for the purposes authorized: Provided, That a request shall be 

submitted to the Committees on Appropriations of the House of 

Representatives and the Senate for approval prior to the expenditure of such funds: Provided further, That these requests shall 

be made in compliance with reprogramming guidelines. 

SEC. 610. None of the funds made available in this Act may 

be used by the Executive Office of the President to request from 

the Federal Bureau of Investigation any official background investigation report on any individual, except when— 

(1) such individual has given his or her express written 

consent for such request not more than 6 months prior to 

the date of such request and during the same presidential 

administration; or 

(2) such request is required due to extraordinary circumstances involving national security. 

SEC. 611. The cost accounting standards promulgated under 

chapter 15 of title 41, United States Code shall not apply with 

respect to a contract under the Federal Employees Health Benefits 

Program established under chapter 89 of title 5, United States 

Code. 

SEC. 612. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area 

cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction 

on unanticipated travel expenses imposed in an Appropriations 

Act) funds made available to the Office of Personnel Management 

pursuant to court approval. 

SEC. 613. No funds appropriated by this Act shall be available 

to pay for an abortion, or the administrative expenses in connection 

Abortion. 

Background 

reports. 

Expenditure 

request. 

Fines. 

Reports. 

Deadline. 

Reports. 

Consultation. 


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125 STAT. 926 PUBLIC LAW 112–74—DEC. 23, 2011 

with any health plan under the Federal employees health benefits 

program which provides any benefits or coverage for abortions. 

SEC. 614. The provision of section 613 shall not apply where 

the life of the mother would be endangered if the fetus were carried 

to term, or the pregnancy is the result of an act of rape or incest. 

SEC. 615. In order to promote Government access to commercial 

information technology, the restriction on purchasing nondomestic 

articles, materials, and supplies set forth in chapter 83 of title 

41, United States Code (popularly known as the Buy American 

Act), shall not apply to the acquisition by the Federal Government 

of information technology (as defined in section 11101 of title 40, 

United States Code), that is a commercial item (as defined in 

section 103 of title 41, United States Code). 

SEC. 616. Notwithstanding section 1353 of title 31, United 

States Code, no officer or employee of any regulatory agency or 

commission funded by this Act may accept on behalf of that agency, 

nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related 

expenses for the purpose of enabling an officer or employee to 

attend and participate in any meeting or similar function relating 

to the official duties of the officer or employee when the entity 

offering payment or reimbursement is a person or entity subject 

to regulation by such agency or commission, or represents a person 

or entity subject to regulation by such agency or commission, unless 

the person or entity is an organization described in section 501(c)(3) 

of the Internal Revenue Code of 1986 and exempt from tax under 

section 501(a) of such Code. 

SEC. 617. The Public Company Accounting Oversight Board 

shall have authority to obligate funds for the scholarship program 

established by section 109(c)(2) of the Sarbanes-Oxley Act of 2002 

(Public Law 107–204) in an aggregate amount not exceeding the 

amount of funds collected by the Board as of December 31, 2011, 

including accrued interest, as a result of the assessment of monetary 

penalties. Funds available for obligation in fiscal year 2012 shall 

remain available until expended. 

SEC. 618. From the unobligated balances of prior year appropriations made available for the Privacy and Civil Liberties Oversight Board, $998,000 are rescinded. 

SEC. 619. Section 1107 of title 31, United States Code, is 

amended by adding to the end thereof the following: ‘‘The President 

shall transmit promptly to Congress without change, proposed deficiency and supplemental appropriations submitted to the President 

by the legislative branch and the judicial branch.’’. 

SEC. 620. Notwithstanding section 708 of this Act, funds made 

available to the Commodity Futures Trading Commission and the 

Securities and Exchange Commission by this or any other Act 

may be used for the interagency funding and sponsorship of a 

joint advisory committee to advise on emerging regulatory issues. 

SEC. 621. For purposes of Public Law 109–285, the period 

described in section 5134(f)(1)(B) of title 31, United States Code, 

shall be treated as a 2-year, 9-month period. 

SEC. 622. The Help America Vote Act of 2002 (Public Law 

107–252) is amended by— 

(1) inserting in section 255(b) (42 U.S.C. 15405) ‘‘posted 

on the Commission’s website with a notice’’ after ‘‘cause to 

have the plan’’; 

Time period. 

31 USC 5112 

note. 

Abortion. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 927 

(2) inserting in section 253(d) (42 U.S.C. 15403) ‘‘notice 

of’’ prior to ‘‘the State plan’’; 

(3) inserting in section 254(a)(11) (42 U.S.C. 15404) ‘‘notice 

of’’ prior to ‘‘the change’’; and 

(4) inserting in section 254(a)(11)(C) (42 U.S.C. 15404) 

‘‘notice of’’ prior to ‘‘the change’’. 

SEC. 623. From the unobligated balances available in the Securities and Exchange Commission Reserve Fund established by section 991 of the Dodd-Frank Wall Street Reform and Consumer 

Protection Act (Public Law 111–203), $25,000,000 are rescinded. 

SEC. 624. The Department of the Treasury, the Executive Office 

of the President, the Judiciary, the Federal Communications 

Commission, the Federal Trade Commission, the General Services 

Administration, the National Archives and Records Administration, 

the Securities and Exchange Commission, and the Small Business 

Administration shall provide the Committees on Appropriations 

of the House and the Senate a quarterly accounting of the cumulative balances of any unobligated funds that were received by 

such agency during any previous fiscal year. 

SEC. 625. (a)(1) Notwithstanding any other provision of law, 

an Executive agency covered by this Act otherwise authorized to 

enter into contracts for either leases or the construction or alteration 

of real property for office, meeting, storage, or other space must 

consult with the General Services Administration before issuing 

a solicitation for offers of new leases or construction contracts, 

and in the case of succeeding leases, before entering into negotiations with the current lessor. 

(2) Any such agency with authority to enter into an emergency 

lease may do so during any period declared by the President to 

require emergency leasing authority with respect to such agency. 

(b) For purposes of this section, the term ‘‘Executive agency 

covered by this Act’’ means any Executive agency provided funds 

by this Act, but does not include the General Services Administration or the United States Postal Service. 

SEC. 626. None of the funds made available in this Act may 

be used by the Federal Trade Commission to complete the draft 

report entitled ‘‘Interagency Working Group on Food Marketed to 

Children: Preliminary Proposed Nutrition Principles to Guide 

Industry Self-Regulatory Efforts’’ unless the Interagency Working 

Group on Food Marketed to Children complies with Executive Order 

No. 13563. 

SEC. 627. None of the funds made available by this Act may 

be used to pay the salaries and expenses for the following positions: 

(1) Director, White House Office of Health Reform. 

(2) Assistant to the President for Energy and Climate 

Change. 

(3) Senior Advisor to the Secretary of the Treasury assigned 

to the Presidential Task Force on the Auto Industry and Senior 

Counselor for Manufacturing Policy. 

(4) White House Director of Urban Affairs. 

SEC. 628. None of the funds made available in this Act may 

be used by the Federal Communications Commission to remove 

the conditions imposed on commercial terrestrial operations in the 

Order and Authorization adopted by the Commission on January 

26, 2011 (DA 11–133), or otherwise permit such operations, until 

the Commission has resolved concerns of potential widespread 

Global 

Positioning 

System. 

Definition. 

Contracts. 

Consultation. 

Deadlines. 

Reports. 


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125 STAT. 928 PUBLIC LAW 112–74—DEC. 23, 2011 

harmful interference by such commercial terrestrial operations to 

commercially available Global Positioning System devices. 

SEC. 629. None of the funds made available by this Act may 

be expended for any new hire by any Federal agency funded in 

this Act that is not verified through the E-Verify Program established under section 403(a) of the Illegal Immigration Reform and 

Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note). 

SEC. 630. None of the funds made available by this Act may 

be used to enter into a contract, memorandum of understanding, 

or cooperative agreement with, make a grant to, or provide a 

loan or loan guarantee to, any corporation with respect to which 

any unpaid Federal tax liability has been assessed, for which all 

judicial and administrative remedies have been exhausted or have 

lapsed, and that is not being paid in a timely manner pursuant 

to an agreement with the authority responsible for collecting the 

tax liability, where the awarding agency is aware of the unpaid 

tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further 

action is not necessary to protect the interests of the Government. 

SEC. 631. None of the funds made available by this Act may 

be used to enter into a contract, memorandum of understanding, 

or cooperative agreement with, make a grant to, or provide a 

loan or loan guarantee to, any corporation that was convicted or 

had an officer or agent of such corporation acting on behalf of 

the corporation convicted of a felony criminal violation under any 

Federal law within the preceding 24 months, where the awarding 

agency is aware of the conviction, unless the agency has considered 

suspension or debarment of the corporation, or such officer or agent 

and made a determination that this further action is not necessary 

to protect the interests of the Government. 

SEC. 632. Section 8909a(d)(3)(A)(v) of title 5, United States 

Code, is amended by striking the date specified in such section 

and inserting ‘‘August 1, 2012’’. 

TITLE VII 

GENERAL PROVISIONS—GOVERNMENT-WIDE 

DEPARTMENTS, AGENCIES, 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 

31 USC 1343 

note. 

Drug-free 

workplaces. 

Corporations. 

Criminal 

violation. 

Corporations. 

Tax liability. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 929 

by not to exceed $3,700 for police-type vehicles, and by not to 

exceed $4,000 for special heavy-duty vehicles: Provided further, That the limits set forth in this section may not be exceeded 

by more than 5 percent for electric or hybrid vehicles purchased 

for demonstration under the provisions of the Electric and Hybrid 

Vehicle Research, Development, and Demonstration Act of 1976: 

Provided further, That the limits set forth in this section may 

be exceeded by the incremental cost of clean alternative fuels 

vehicles acquired pursuant to Public Law 101–549 over the cost 

of comparable conventionally fueled vehicles: Provided further, That 

the limits set forth in this section shall not apply to any vehicle 

that is a commercial item and which operates on emerging motor 

vehicle technology, including but not limited to electric, plug-in 

hybrid electric, and hydrogen fuel cell vehicles. 

SEC. 703. Appropriations of the executive departments and 

independent establishments for the current fiscal year available 

for expenses of travel, or for the expenses of the activity concerned, 

are hereby made available for quarters allowances and cost-ofliving allowances, in accordance with 5 U.S.C. 5922–5924. 

SEC. 704. Unless otherwise specified during the current fiscal 

year, no part of any appropriation contained in this or any other 

Act shall be used to pay the compensation of any officer or employee 

of the Government of the United States (including any agency 

the majority of the stock of which is owned by the Government 

of the United States) whose post of duty is in the continental 

United States unless such person: (1) is a citizen of the United 

States; (2) is a person who is lawfully admitted for permanent 

residence and is seeking citizenship as outlined in 8 U.S.C. 

1324b(a)(3)(B); (3) is a person who is admitted as a refugee under 

8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and 

has filed a declaration of intention to become a lawful permanent 

resident and then a citizen when eligible; or (4) is a person who 

owes allegiance to the United States: Provided, That for purposes 

of this section, affidavits signed by any such person shall be considered prima facie evidence that the requirements of this section 

with respect to his or her status are being complied with: Provided 

further, That for purposes of subsections (2) and (3) such affidavits 

shall be submitted prior to employment and updated thereafter 

as necessary: Provided further, That any person making a false 

affidavit shall be guilty of a felony, and upon conviction, shall 

be fined no more than $4,000 or imprisoned for not more than 

1 year, or both: Provided further, That the above penal clause 

shall be in addition to, and not in substitution for, any other 

provisions of existing law: Provided further, That any payment 

made to any officer or employee contrary to the provisions of this 

section shall be recoverable in action by the Federal Government: 

Provided further, That this section shall not apply to any person 

who is an officer or employee of the Government of the United 

States on the date of enactment of this Act, or to international 

broadcasters employed by the Broadcasting Board of Governors, 

or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of 

emergencies: Provided further, That this section does not apply 

to the employment as Wildland firefighters for not more than 120 

days of nonresident aliens employed by the Department of the 

Interior or the USDA Forest Service pursuant to an agreement 

with another country. 

Time period. 

Penalties. 

Affidavit. 

5 USC 3101 note. 


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125 STAT. 930 PUBLIC LAW 112–74—DEC. 23, 2011 

SEC. 705. Appropriations available to any department or agency 

during the current fiscal year for necessary expenses, including 

maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space 

and services and those expenses of renovation and alteration of 

buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 

Stat. 479), the Public Buildings Amendments of 1972 (86 Stat. 

216), or other applicable law. 

SEC. 706. In addition to funds provided in this or any other 

Act, all Federal agencies are authorized to receive and use funds 

resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling 

or waste prevention programs. Such funds shall be available until 

expended for the following purposes: 

(1) Acquisition, waste reduction and prevention, and 

recycling programs as described in Executive Order No. 13423 

(January 24, 2007), including any such programs adopted prior 

to the effective date of the Executive order. 

(2) Other Federal agency environmental management programs, including, but not limited to, the development and 

implementation of hazardous waste management and pollution 

prevention programs. 

(3) Other employee programs as authorized by law or as 

deemed appropriate by the head of the Federal agency. 

SEC. 707. Funds made available by this or any other Act for 

administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States 

Code, shall be available, in addition to objects for which such 

funds are otherwise available, for rent in the District of Columbia; 

services in accordance with 5 U.S.C. 3109; and the objects specified 

under this head, all the provisions of which shall be applicable 

to the expenditure of such funds unless otherwise specified in 

the Act by which they are made available: Provided, That in the 

event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations 

on administrative expenses shall be correspondingly reduced. 

SEC. 708. No part of any appropriation contained in this or 

any other Act shall be available for interagency financing of boards 

(except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities) 

which do not have a prior and specific statutory approval to receive 

financial support from more than one agency or instrumentality. 

SEC. 709. None of the funds made available pursuant to the 

provisions of this Act shall be used to implement, administer, or 

enforce any regulation which has been disapproved pursuant to 

a joint resolution duly adopted in accordance with the applicable 

law of the United States. 

SEC. 710. During the period in which the head of any department or agency, or any other officer or civilian employee of the 

Federal Government appointed by the President of the United 

States, holds office, no funds may be obligated or expended in 

excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance 

notice of such furnishing or redecoration is transmitted to the 

Committees on Appropriations of the House of Representatives and 

Notification. 

Applicability. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 931 

the Senate. For the purposes of this section, the term ‘‘office’’ 

shall include the entire suite of offices assigned to the individual, 

as well as any other space used primarily by the individual or 

the use of which is directly controlled by the individual. 

SEC. 711. Notwithstanding section 31 U.S.C. 1346, or section 

708 of this Act, funds made available for the current fiscal year 

by this or any other Act shall be available for the interagency 

funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided by Executive Order No. 

12472 (April 3, 1984). 

SEC. 712. (a) None of the funds appropriated by this or any 

other Act may be obligated or expended by any Federal department, 

agency, or other instrumentality for the salaries or expenses of 

any employee appointed to a position of a confidential or policydetermining character excepted from the competitive service pursuant to 5 U.S.C. 3302, without a certification to the Office of Personnel Management from the head of the Federal department, 

agency, or other instrumentality employing the Schedule C 

appointee that the Schedule C position was not created solely 

or primarily in order to detail the employee to the White House. 

(b) The provisions of this section shall not apply to Federal 

employees or members of the armed forces detailed to or from— 

(1) the Central Intelligence Agency; 

(2) the National Security Agency; 

(3) the Defense Intelligence Agency; 

(4) the National Geospatial-Intelligence Agency; 

(5) the offices within the Department of Defense for the 

collection of specialized national foreign intelligence through 

reconnaissance programs; 

(6) the Bureau of Intelligence and Research of the Department of State; 

(7) any agency, office, or unit of the Army, Navy, Air 

Force, or Marine Corps, the Department of Homeland Security, 

the Federal Bureau of Investigation or the Drug Enforcement 

Administration of the Department of Justice, the Department 

of Transportation, the Department of the Treasury, or the 

Department of Energy performing intelligence functions; or 

(8) the Director of National Intelligence or the Office of 

the Director of National Intelligence. 

SEC. 713. No part of any appropriation contained in this or 

any other Act shall be available for the payment of the salary 

of any officer or employee of the Federal Government, who— 

(1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal 

Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee 

of the Congress in connection with any matter pertaining to 

the employment of such other officer or employee or pertaining 

to the department or agency of such other officer or employee 

in any way, irrespective of whether such communication or 

contact is at the initiative of such other officer or employee 

or in response to the request or inquiry of such Member, committee, or subcommittee; or 

Definition. 


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125 STAT. 932 PUBLIC LAW 112–74—DEC. 23, 2011 

(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 

Nondisclosure 

agreement. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 933 

a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the 

United States Government, may contain provisions appropriate to 

the particular activity for which such document is to be used. 

Such form or agreement shall, at a minimum, require that the 

person will not disclose any classified information received in the 

course of such activity unless specifically authorized to do so by 

the United States Government. Such nondisclosure forms shall 

also make it clear that they do not bar disclosures to Congress, 

or to an authorized official of an executive agency or the Department 

of Justice, that are essential to reporting a substantial violation 

of law. 

(b) Effective 180 days after enactment of this Act, subsection 

(a) is amended by— 

(1) striking ‘‘Executive Order No. 12958’’ and inserting 

‘‘Executive Order No. 13526 (75 Fed. Reg. 707), or any successor 

thereto’’; 

(2) after ‘‘the Intelligence Identities Protection Act of 1982 

(50 U.S.C. 421 et seq.) (governing disclosures that could expose 

confidential Government agents);’’ inserting ‘‘sections 7(c) and 

8H of the Inspector General Act of 1978 (5 U.S.C. App.) (relating 

to disclosures to an inspector general, the inspectors general 

of the Intelligence Community, and Congress); section 

103H(g)(3) of the National Security Act of 1947 (50 U.S.C. 

403–3h(g)(3) (relating to disclosures to the inspector general 

of the Intelligence Community); sections 17(d)(5) and 17(e)(3) 

of the Central Intelligence Agency Act of 1949 (50 U.S.C. 

403q(d)(5) and 403q(e)(3)) (relating to disclosures to the 

Inspector General of the Central Intelligence Agency and Congress);’’; and 

(3) after ‘‘Subversive Activities’’ inserting ‘‘Control’’. 

(c) A nondisclosure agreement entered into before the effective 

date of the amendment in subsection (b) may continue to be implemented and enforced after that effective date if it complies with 

the requirements of subsection (a) that were in effect prior to 

the effective date of the amendment in subsection (b). 

SEC. 716. No part of any funds appropriated in this or any 

other Act shall be used by an agency of the executive branch, 

other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, 

distribution or use of any kit, pamphlet, booklet, publication, radio, 

television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the 

Congress itself. 

SEC. 717. None of the funds appropriated by this or any other 

Act may be used by an agency to provide a Federal employee’s 

home address to any labor organization except when the employee 

has authorized such disclosure or when such disclosure has been 

ordered by a court of competent jurisdiction. 

SEC. 718. None of the funds made available in this Act or 

any other Act may be used to provide any non-public information 

such as mailing or telephone lists to any person or any organization 

outside of the Federal Government without the approval of the 

Committees on Appropriations of the House of Representatives and 

the Senate. 

SEC. 719. No part of any appropriation contained in this or 

any other Act shall be used directly or indirectly, including by 

Lobbying. 

Effective date. 


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125 STAT. 934 PUBLIC LAW 112–74—DEC. 23, 2011 

private contractor, for publicity or propaganda purposes within 

the United States not heretofore authorized by the Congress. 

SEC. 720. (a) In this section, the term ‘‘agency’’— 

(1) means an Executive agency, as defined under 5 U.S.C. 

105; and 

(2) includes a military department, as defined under section 

102 of such title, the Postal Service, and the Postal Regulatory 

Commission. 

(b) Unless authorized in accordance with law or regulations 

to use such time for other purposes, an employee of an agency 

shall use official time in an honest effort to perform official duties. 

An employee not under a leave system, including a Presidential 

appointee exempted under 5 U.S.C. 6301(2), has an obligation to 

expend an honest effort and a reasonable proportion of such 

employee’s time in the performance of official duties. 

SEC. 721. Notwithstanding 31 U.S.C. 1346 and section 708 

of this Act, funds made available for the current fiscal year by 

this or any other Act to any department or agency, which is a 

member of the Federal Accounting Standards Advisory Board 

(FASAB), shall be available to finance an appropriate share of 

FASAB administrative costs. 

(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 multiagency financial, information technology, procurement, and other 

management innovations, initiatives, and activities, as approved 

by the Director of the Office of Management and Budget, in consultation with the appropriate interagency and multi-agency groups 

designated by the Director (including the President’s Management 

Council for overall management improvement initiatives, the Chief 

Financial Officers Council for financial management initiatives, 

the Chief Information Officers Council for information technology 

initiatives, the Chief Human Capital Officers Council for human 

capital initiatives, the Chief Acquisition Officers Council for procurement initiatives, and the Performance Improvement Council for 

performance improvement initiatives): Provided further, That the 

total funds transferred or reimbursed shall not exceed $17,000,000 

for Government-Wide innovations, initiatives, and activities: Provided further, That the funds transferred to or for reimbursement 

of ‘‘General Services Administration, Government-wide Policy’’ 

during fiscal year 2012 shall remain available for obligation through 

September 30, 2013: Provided further, That such transfers or 

reimbursements may only be made after 15 days following notification of the Committees on Appropriations by the Director of the 

Office of Management and Budget. 

SEC. 723. Notwithstanding any other provision of law, a woman 

may breastfeed her child at any location in a Federal building 

Breastfeeding. 

Time period. 

Notification. 

Definition. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 935 

or on Federal property, if the woman and her child are otherwise 

authorized to be present at the location. 

SEC. 724. Notwithstanding 31 U.S.C. 1346, or section 708 of 

this Act, funds made available for the current fiscal year by this 

or any other Act shall be available for the interagency funding 

of specific projects, workshops, studies, and similar efforts to carry 

out the purposes of the National Science and Technology Council 

(authorized by Executive Order No. 12881), which benefit multiple 

Federal departments, agencies, or entities: Provided, That the Office 

of Management and Budget shall provide a report describing the 

budget of and resources connected with the National Science and 

Technology Council to the Committees on Appropriations, the House 

Committee on Science and Technology, and the Senate Committee 

on Commerce, Science, and Transportation 90 days after enactment 

of this Act. 

SEC. 725. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving 

the distribution of Federal funds shall indicate the agency providing 

the funds, the Catalog of Federal Domestic Assistance Number, 

as applicable, and the amount provided: Provided, That this provision shall apply to direct payments, formula funds, and grants 

received by a State receiving Federal funds. 

SEC. 726. (a) PROHIBITION OF FEDERAL AGENCY MONITORING

OF INDIVIDUALS’ INTERNET USE.—None of the funds made available 

in this or any other Act may be used by any Federal agency— 

(1) to collect, review, or create any aggregation of data, 

derived from any means, that includes any personally identifiable information relating to an individual’s access to or use 

of any Federal Government Internet site of the agency; or 

(2) to enter into any agreement with a third party 

(including another government agency) to collect, review, or 

obtain any aggregation of data, derived from any means, that 

includes any personally identifiable information relating to an 

individual’s access to or use of any nongovernmental Internet 

site. 

(b) EXCEPTIONS.—The limitations established in subsection (a) 

shall not apply to— 

(1) any record of aggregate data that does not identify 

particular persons; 

(2) any voluntary submission of personally identifiable 

information; 

(3) any action taken for law enforcement, regulatory, or 

supervisory purposes, in accordance with applicable law; or 

(4) any action described in subsection (a)(1) that is a system 

security action taken by the operator of an Internet site and 

is necessarily incident to providing the Internet site services 

or to protecting the rights or property of the provider of the 

Internet site. 

(c) DEFINITIONS.—For the purposes of this section: 

(1) The term ‘‘regulatory’’ means agency actions to implement, interpret or enforce authorities provided in law. 

(2) The term ‘‘supervisory’’ means examinations of the 

agency’s supervised institutions, including assessing safety and 

soundness, overall financial condition, management practices 

and policies and compliance with applicable standards as provided in law. 

Applicability. 

Reports. 

Deadline. 


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125 STAT. 936 PUBLIC LAW 112–74—DEC. 23, 2011 

SEC. 727. (a) None of the funds appropriated by this Act may 

be used to enter into or renew a contract which includes a provision 

providing prescription drug coverage, except where the contract 

also includes a provision for contraceptive coverage. 

(b) Nothing in this section shall apply to a contract with— 

(1) any of the following religious plans: 

(A) Personal Care’s HMO; and 

(B) OSF HealthPlans, Inc.; and 

(2) any existing or future plan, if the carrier for the plan 

objects to such coverage on the basis of religious beliefs. 

(c) In implementing this section, any plan that enters into 

or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses 

to prescribe or otherwise provide for contraceptives because such 

activities would be contrary to the individual’s religious beliefs 

or moral convictions. 

(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services. 

SEC. 728. The United States is committed to ensuring the 

health of its Olympic, Pan American, and Paralympic athletes, 

and supports the strict adherence to anti-doping in sport through 

testing, adjudication, education, and research as performed by 

nationally recognized oversight authorities. 

SEC. 729. Notwithstanding any other provision of law, funds 

appropriated for official travel by Federal departments and agencies 

may be used by such departments and agencies, if consistent with 

Office of Management and Budget Circular A–126 regarding official 

travel for Government personnel, to participate in the fractional 

aircraft ownership pilot program. 

SEC. 730. Notwithstanding any other provision of law, none 

of the funds appropriated or made available under this Act or 

any other appropriations Act may be used to implement or enforce 

restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the 

Office of Personnel Management to add sections 300.311 through 

300.316 to part 300 of title 5 of the Code of Federal Regulations, 

published in the Federal Register, volume 68, number 174, on 

September 9, 2003 (relating to the detail of executive branch 

employees to the legislative branch). 

SEC. 731. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations, 

to be used for the purpose of conducting Federal law enforcement 

training without the advance approval of the Committees on Appropriations of the House of Representatives and the Senate, except 

that the Federal Law Enforcement Training Center is authorized 

to obtain the temporary use of additional facilities by lease, contract, 

or other agreement for training which cannot be accommodated 

in existing Center facilities. 

SEC. 732. (a) For fiscal year 2012, no funds shall be available 

for transfers or reimbursements to the E-Government initiatives 

sponsored by the Office of Management and Budget prior to 15 

days following submission of a report to the Committees on Appropriations of the House of Representatives and the Senate by the 

Director of the Office of Management and Budget and receipt of 

approval to transfer funds by the Committees on Appropriations 

of the House of Representatives and the Senate. 

Time period. 

Reports. 

Sports. 

Drugs and drug 

abuse. 

Abortion. 

Contracts. 

Contraceptives. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 937 

(b) The report in subsection (a) and other required justification 

materials shall include at a minimum— 

(1) a description of each initiative including but not limited 

to its objectives, benefits, development status, risks, cost 

effectiveness (including estimated net costs or savings to the 

government), and the estimated date of full operational capability; 

(2) the total development cost of each initiative by fiscal 

year including costs to date, the estimated costs to complete 

its development to full operational capability, and estimated 

annual operations and maintenance costs; and 

(3) the sources and distribution of funding by fiscal year 

and by agency and bureau for each initiative including agency 

contributions to date and estimated future contributions by 

agency. 

(c) No funds shall be available for obligation or expenditure 

for new E-Government initiatives without the explicit approval 

of the Committees on Appropriations of the House of Representatives and the Senate. 

SEC. 733. None of the funds appropriated or otherwise made 

available by this or any other Act may be used to begin or announce 

a study or public-private competition regarding the conversion to 

contractor performance of any function performed by Federal 

employees pursuant to Office of Management and Budget Circular 

A–76 or any other administrative regulation, directive, or policy. 

SEC. 734. Unless otherwise authorized by existing law, none 

of the funds provided in this Act or any other Act may be used 

by an executive branch agency to produce any prepackaged news 

story intended for broadcast or distribution in the United States, 

unless the story includes a clear notification within the text or 

audio of the prepackaged news story that the prepackaged news 

story was prepared or funded by that executive branch agency. 

SEC. 735. None of the funds made available in this Act may 

be used in contravention of section 552a of title 5, United States 

Code (popularly known as the Privacy Act) and regulations implementing that section. 

SEC. 736. Each executive department and agency shall evaluate 

the creditworthiness of an individual before issuing the individual 

a government travel charge card. Such evaluations for individually 

billed travel charge cards shall include an assessment of the individual’s consumer report from a consumer reporting agency as those 

terms are defined in section 603 of the Fair Credit Reporting 

Act (Public Law 91–508): Provided, That the department or agency 

may not issue a government travel charge card to an individual 

that either lacks a credit history or is found to have an unsatisfactory credit history as a result of this evaluation: Provided further, 

That this restriction shall not preclude issuance of a restricteduse charge, debit, or stored value card made in accordance with 

agency procedures to: (1) an individual with an unsatisfactory credit 

history where such card is used to pay travel expenses and the 

agency determines there is no suitable alternative payment mechanism available before issuing the card; or (2) an individual who 

lacks a credit history. Each executive department and agency shall 

establish guidelines and procedures for disciplinary actions to be 

taken against agency personnel for improper, fraudulent, or abusive 

use of government charge cards, which shall include appropriate 

disciplinary actions for use of charge cards for purposes, and at 

Guidelines. 

Procedures. 

Evaluation. 

Travel cards. 

5 USC 5701 note. 

News story. 

Study. 


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125 STAT. 938 PUBLIC LAW 112–74—DEC. 23, 2011 

establishments, that are inconsistent with the official business of 

the Department or agency or with applicable standards of conduct. 

SEC. 737. (a) DEFINITIONS.—For purposes of this section the 

following definitions apply: 

(1) GREAT LAKES.—The terms ‘‘Great Lakes’’ and ‘‘Great 

Lakes State’’ have the same meanings as such terms have 

in section 506 of the Water Resources Development Act of 

2000 (42 U.S.C. 1962d–22). 

(2) GREAT LAKES RESTORATION ACTIVITIES.—The term 

‘‘Great Lakes restoration activities’’ means any Federal or State 

activity primarily or entirely within the Great Lakes watershed 

that seeks to improve the overall health of the Great Lakes 

ecosystem. 

(b) REPORT.—Not later than 45 days after submission of the 

budget of the President to Congress, the Director of the Office 

of Management and Budget, in coordination with the Governor 

of each Great Lakes State and the Great Lakes Interagency Task 

Force, shall submit to the appropriate authorizing and appropriating committees of the Senate and the House of Representatives 

a financial report, certified by the Secretary of each agency that 

has budget authority for Great Lakes restoration activities, containing— 

(1) an interagency budget crosscut report that— 

(A) displays the budget proposed, including any 

planned interagency or intra-agency transfer, for each of 

the Federal agencies that carries out Great Lakes restoration activities in the upcoming fiscal year, separately 

reporting the amount of funding to be provided under 

existing laws pertaining to the Great Lakes ecosystem; 

and 

(B) identifies all expenditures since fiscal year 2004 

by the Federal Government and State governments for 

Great Lakes restoration activities; 

(2) a detailed accounting of all funds received and obligated 

by all Federal agencies and, to the extent available, State 

agencies using Federal funds, for Great Lakes restoration activities during the current and previous fiscal years; 

(3) a budget for the proposed projects (including a description of the project, authorization level, and project status) to 

be carried out in the upcoming fiscal year with the Federal 

portion of funds for activities; and 

(4) a listing of all projects to be undertaken in the upcoming 

fiscal year with the Federal portion of funds for activities. 

SEC. 738. (a) IN GENERAL.—None of the funds appropriated 

or otherwise made available by this or any other Act may be 

used for any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation 

under section 835(b) of the Homeland Security Act of 2002 (6 

U.S.C. 395(b)) or any subsidiary of such an entity. 

(b) WAIVERS.— 

(1) IN GENERAL.—Any Secretary shall waive subsection (a) 

with respect to any Federal Government contract under the 

authority of such Secretary if the Secretary determines that 

the waiver is required in the interest of national security. 

(2) REPORT TO CONGRESS.—Any Secretary issuing a waiver 

under paragraph (1) shall report such issuance to Congress. 

Determination. 

Contracts. 

Certification. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 939 

(c) EXCEPTION.—This section shall not apply to any Federal 

Government contract entered into before the date of the enactment 

of this Act, or to any task order issued pursuant to such contract. 

SEC. 739. None of the funds made available by this or any 

other Act may be used to implement, administer, enforce, or apply 

the rule entitled ‘‘Competitive Area’’ published by the Office of 

Personnel Management in the Federal Register on April 15, 2008 

(73 Fed. Reg. 20180 et seq.). 

SEC. 740. Section 743 of the Consolidated Appropriations Act, 

2010 (Public Law 111–117; 31 U.S.C. 501 note) is amended in 

subsection (a)(3), by inserting after ‘‘exercise of an option’’ the 

following: ‘‘, and task orders issued under any such contract,’’. 

SEC. 741. During fiscal year 2012, for each employee who— 

(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title 

5, United States Code, or 

(2) retires under any other provision of subchapter III 

of chapter 83 or chapter 84 of such title 5 and receives a 

payment as an incentive to separate, the separating agency 

shall remit to the Civil Service Retirement and Disability Fund 

an amount equal to the Office of Personnel Management’s 

average unit cost of processing a retirement claim for the 

preceding fiscal year. Such amounts shall be available until 

expended to the Office of Personnel Management and shall 

be deemed to be an administrative expense under section 

8348(a)(1)(B) of title 5, United States Code. 

SEC. 742. Except as expressly provided otherwise, any reference 

to ‘‘this Act’’ contained in any title other than title IV or VIII 

shall not apply to such title IV or VIII. 

SEC. 743. (a) None of the funds made available in this or 

any other Act may be used to recommend or require any entity 

submitting an offer for a Federal contract to disclose any of the 

following information as a condition of submitting the offer: 

(1) Any payment consisting of a contribution, expenditure, 

independent expenditure, or disbursement for an electioneering 

communication that is made by the entity, its officers or directors, or any of its affiliates or subsidiaries to a candidate 

for election for Federal office or to a political committee, or 

that is otherwise made with respect to any election for Federal 

office. 

(2) Any disbursement of funds (other than a payment 

described in paragraph (1)) made by the entity, its officers 

or directors, or any of its affiliates or subsidiaries to any person 

with the intent or the reasonable expectation that the person 

will use the funds to make a payment described in paragraph 

(1). 

(b) In this section, each of the terms ‘‘contribution’’, ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘electioneering communication’’, 

‘‘candidate’’, ‘‘election’’, and ‘‘Federal office’’ has the meaning given 

such term in the Federal Election Campaign Act of 1971 (2 U.S.C. 

431 et seq.). 

SEC. 744. Notwithstanding any other provision of law, until 

September 30, 2013, of the amounts made available for information 

technology investments under the heading ‘‘Independent Agencies, 

Commodity Futures Trading Commission’’ in the Agriculture, Rural 

Development, Food and Drug Administration, and Related Agencies 

Appropriations Act, 2012 (division A of Public Law 112–55), the 

Chairman of the Commodity Futures Trading Commission may 

Election 

disclosure. 


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125 STAT. 940 PUBLIC LAW 112–74—DEC. 23, 2011 

transfer not to exceed $10,000,000 under such heading for salaries 

and expenses of such Commission: Provided, That any transfer 

pursuant to this section shall be subject to the notification procedures set forth in section 730 of such Act with respect to a reprogramming of funds and shall not be available for obligation 

or expenditure except in compliance with such procedures. 

TITLE VIII 

GENERAL PROVISIONS—DISTRICT OF COLUMBIA 

(INCLUDING TRANSFER OF FUNDS)

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). 

Notification. 

Time period. 

Lobbying. 

Notification. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 941 

SEC. 805. Except as otherwise provided in this section, none 

of the funds made available by this Act or by any other Act may 

be used to provide any officer or employee of the District of 

Columbia with an official vehicle unless the officer or employee 

uses the vehicle only in the performance of the officer’s or employee’s 

official duties. For purposes of this section, the term ‘‘official duties’’ 

does not include travel between the officer’s or employee’s residence 

and workplace, except in the case of— 

(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or a District 

of Columbia government employee as may otherwise be designated by the Chief of the Department; 

(2) at the discretion of the Fire Chief, an officer or employee 

of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and 

is on call 24 hours a day or is otherwise designated by the 

Fire Chief; 

(3) at the discretion of the Director of the Department 

of Corrections, an officer or employee of the District of Columbia 

Department of Corrections who resides in the District of 

Columbia and is on call 24 hours a day or is otherwise designated by the Director; 

(4) the Mayor of the District of Columbia; and 

(5) the Chairman of the Council of the District of Columbia. 

SEC. 806. (a) None of the Federal funds contained in this 

Act may be used by the District of Columbia Attorney General 

or any other officer or entity of the District government to provide 

assistance for any petition drive or civil action which seeks to 

require Congress to provide for voting representation in Congress 

for the District of Columbia. 

(b) Nothing in this section bars the District of Columbia 

Attorney General from reviewing or commenting on briefs in private 

lawsuits, or from consulting with officials of the District government 

regarding such lawsuits. 

SEC. 807. None of the Federal funds contained in this Act 

may be used to distribute any needle or syringe for the purpose 

of preventing the spread of blood borne pathogens in any location 

that has been determined by the local public health or local law 

enforcement authorities to be inappropriate for such distribution. 

SEC. 808. Nothing in this Act may be construed to prevent 

the Council or Mayor of the District of Columbia from addressing 

the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation 

enacted on such issue should include a ‘‘conscience clause’’ which 

provides exceptions for religious beliefs and moral convictions. 

SEC. 809. Hereafter, as part of the submission of the annual 

budget justification, the Mayor of the District of Columbia shall 

submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Oversight and 

Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the 

Senate a report addressing— 

(1) crime, including the homicide rate, implementation of 

community policing, and the number of police officers on local 

beats; 

(2) access to substance and alcohol abuse treatment, 

including the number of treatment slots, the number of people 

Deadline. 

Reports. 

Contraceptives. 

Conscience 

exceptions. 

Needle 

distribution. 

Voting rights. 


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125 STAT. 942 PUBLIC LAW 112–74—DEC. 23, 2011 

served, the number of people on waiting lists, and the effectiveness of treatment programs, the retention rates in treatment 

programs, and the recidivism/re-arrest rates for treatment 

participants; 

(3) education, including access to special education services 

and student achievement to be provided in consultation with 

the District of Columbia Public Schools, repeated grade rates, 

high school graduation rates, and post-secondary education 

attendance rates; 

(4) improvement in basic District services, including rat 

control and abatement; and 

(5) application for and management of Federal grants, 

including the number and type of grants for which the District 

was eligible but failed to apply and the number and type 

of grants awarded to the District but for which the District 

failed to spend the amounts received. 

SEC. 810. None of the Federal funds contained in this Act 

may be used to enact or carry out any law, rule, or regulation 

to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the 

Controlled Substances Act (21 U.S.C. 801 et seq.) or any 

tetrahydrocannabinols derivative. 

SEC. 811. None of the funds appropriated under this Act shall 

be expended for any abortion except where the life of the mother 

would be endangered if the fetus were carried to term or where 

the pregnancy is the result of an act of rape or incest. 

SEC. 812. (a) No later than 30 calendar days after the date 

of the enactment of this Act, the Chief Financial Officer for the 

District of Columbia shall submit to the appropriate committees 

of Congress, the Mayor, and the Council of the District of Columbia, 

a revised appropriated funds operating budget in the format of 

the budget that the District of Columbia government submitted 

pursuant to section 442 of the District of Columbia Home Rule 

Act (D.C. Official Code, sec. 1–204.42), for all agencies of the District 

of Columbia government for fiscal year 2012 that is in the total 

amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal services, 

respectively, with anticipated actual expenditures. 

(b) This section shall apply only to an agency for which the 

Chief Financial Officer for the District of Columbia certifies that 

a reallocation is required to address unanticipated changes in program requirements. 

SEC. 813. No later than 30 calendar days after the date of 

the enactment of this Act, the Chief Financial Officer for the District 

of Columbia shall submit to the appropriate committees of Congress, 

the Mayor, and the Council for the District of Columbia, a revised 

appropriated funds operating budget for the District of Columbia 

Public Schools that aligns schools budgets to actual enrollment. 

The revised appropriated funds budget shall be in the format of 

the budget that the District of Columbia government submitted 

pursuant to section 442 of the District of Columbia Home Rule 

Act (D.C. Official Code, Sec. 1–204.42). 

SEC. 814. Amounts appropriated in this Act as operating funds 

may be transferred to the District of Columbia’s enterprise and 

capital funds and such amounts, once transferred, shall retain 

appropriation authority consistent with the provisions of this Act. 

Deadline. 

Operating 

budget. 

Applicability. 

Certification. 

Deadline. 

Operating 

budget. 

Abortion. 

Penalties. 

Drugs and drug 

abuse. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 943 

SEC. 815. Notwithstanding any other laws, for this and succeeding fiscal years, the Director of the District of Columbia Public 

Defender Service shall, to the extent the Director considers appropriate, provide representation for and hold harmless, or provide 

liability insurance for, any person who is an employee, member 

of the Board of Trustees, or officer of the District of Columbia 

Public Defender Service for money damages arising out of any 

claim, proceeding, or case at law relating to the furnishing of 

representational services or management services or related services 

while acting within the scope of that person’s office or employment, 

including, but not limited to such claims, proceedings, or cases 

at law involving employment actions, injury, loss of liberty, property 

damage, loss of property, or personal injury, or death arising from 

malpractice or negligence of any such officer or employee. 

SEC. 816. Section 346 of the District of Columbia Appropriations 

Act, 2005 (Public Law 108–335) is amended— 

(1) in the title, by striking ‘‘BIENNIAL’’; 

(2) in subsection (a), by striking ‘‘Biennial management’’ 

and inserting ‘‘Management’’; 

(3) in subsection (a), by striking ‘‘States.’’ and inserting 

‘‘States every five years.’’; and 

(4) in subsection (b)(6), by striking ‘‘2’’ and inserting ‘‘5’’. 

SEC. 817. Except as expressly provided otherwise, any reference 

to ‘‘this Act’’ contained in this title or in title IV shall be treated 

as referring only to the provisions of this title or of title IV. 

This division may be cited as the ‘‘Financial Services and General Government Appropriations Act, 2012’’. 

DIVISION D—DEPARTMENT OF HOMELAND SECURITY 

APPROPRIATIONS ACT, 2012 

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, Deadline. 

Expenditure 

plan. 

Department of 

Homeland 

Security 

Appropriations 

Act, 2012. 

118 Stat. 1352. 


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125 STAT. 944 PUBLIC LAW 112–74—DEC. 23, 2011 

That the Assistant Secretary for Policy shall submit to the Committees on Appropriations of the Senate and the House of Representatives not later than March 30, 2012, an expenditure plan for the 

Office of Policy which includes a detailed description of any funds 

transferred to the Office for counternarcotics enforcement and 

activities related to risk management and analysis: Provided further, That $30,000,000 shall not be available for obligation until 

the Secretary of Homeland Security submits to the Committees 

on Appropriations of the Senate and the House of Representatives 

a comprehensive plan for implementation of the biometric air exit 

system, as mandated in Public Law 110–53, including the estimated 

costs of implementation. 

OFFICE 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 

Deadline. 

Plans. 

Reports. 

Deadlines. 

Comprehensive 

plan. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 945 

2015, for all information technology acquisition projects funded 

under this heading or funded by multiple components of the Department of Homeland Security through reimbursable agreements, that 

includes— 

(1) the proposed appropriations included for each project 

and activity tied to mission requirements, program management capabilities, performance levels, and specific capabilities 

and services to be delivered; 

(2) the total estimated cost and projected timeline of 

completion for all multi-year enhancements, modernizations, 

and new capabilities that are proposed in such budget or underway; 

(3) a detailed accounting of operations and maintenance 

and contractor services costs; and 

(4) a current acquisition program baseline for each project, 

that— 

(A) notes and explains any deviations in cost, performance parameters, schedule, or estimated date of completion 

from the original acquisition program baseline; 

(B) aligns the acquisition programs covered by the 

baseline to mission requirements by defining existing 

capabilities, identifying known capability gaps between 

such existing capabilities and stated mission requirements, 

and explaining how each increment will address such 

known capability gaps; and 

(C) defines life-cycle costs for such programs. 

ANALYSIS AND OPERATIONS

For necessary expenses for intelligence analysis and operations 

coordination activities, as authorized by title II of the Homeland 

Security Act of 2002 (6 U.S.C. 121 et seq.), $338,068,000; of which 

not to exceed $4,250 shall be for official reception and representation 

expenses; and of which $141,521,000 shall remain available until 

September 30, 2013. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978 

(5 U.S.C. App.), $117,000,000, of which not to exceed $300,000 

may be used for certain confidential operational expenses, including 

the payment of informants, to be expended at the direction of 

the Inspector General. 

TITLE II 

SECURITY, ENFORCEMENT, AND INVESTIGATIONS 

U.S. CUSTOMS AND BORDER PROTECTION

SALARIES AND EXPENSES

For necessary expenses for enforcement of laws relating to 

border security, immigration, customs, agricultural inspections and 

regulatory activities related to plant and animal imports, and 

transportation of unaccompanied minor aliens; purchase and lease 

of up to 7,500 (6,500 for replacement only) police-type vehicles; 


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125 STAT. 946 PUBLIC LAW 112–74—DEC. 23, 2011 

and contracting with individuals for personal services abroad; 

$8,680,118,000; of which $3,274,000 shall be derived from the 

Harbor Maintenance Trust Fund for administrative expenses 

related to the collection of the Harbor Maintenance Fee pursuant 

to section 9505(c)(3) of the Internal Revenue Code of 1986 (26 

U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the 

Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not 

to exceed $38,250 shall be for official reception and representation 

expenses; of which not less than $287,901,000 shall be for Air 

and Marine Operations; of which such sums as become available 

in the Customs User Fee Account, except sums subject to section 

13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act 

of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; 

of which not to exceed $150,000 shall be available for payment 

for rental space in connection with preclearance operations; of which 

not to exceed $1,000,000 shall be for awards of compensation to 

informants, to be accounted for solely under the certificate of the 

Secretary of Homeland Security: Provided, That for fiscal year 

2012, the overtime limitation prescribed in section 5(c)(1) of the 

Act of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; 

and notwithstanding any other provision of law, none of the funds 

appropriated by this Act may be available to compensate any 

employee of U.S. Customs and Border Protection for overtime, from 

whatever source, in an amount that exceeds such limitation, except 

in individual cases determined by the Secretary of Homeland Security, or the designee of the Secretary, to be necessary for national 

security purposes, to prevent excessive costs, or in cases of immigration emergencies: Provided further, That the Border Patrol shall 

maintain an active duty presence of not less than 21,370 fulltime equivalent agents protecting the borders of the United States 

in the fiscal year: Provided further, That the Commissioner of 

U.S. Customs and Border Protection shall submit to the Committees 

on Appropriations of the Senate and the House of Representatives, 

with the congressional budget justification, a multi-year investment 

and management plan, to include each fiscal year starting with 

the current fiscal year and the 3 subsequent fiscal years, for inspection and detection technology supporting operations under this 

heading, including all non-intrusive inspection and radiation detection technology, that provides— 

(1) the funding level for all inspection and detection technology equipment by source; 

(2) the inventory of inspection and detection technology 

equipment by type and age; 

(3) the proposed appropriations for procurement of inspection and detection technology equipment by type, including 

quantity, for deployment, and for operations and maintenance; 

(4) projected funding levels for procurement of inspection 

and detection technology equipment by type, including quantity, 

for deployment, and for operations and maintenance for each 

of the 3 subsequent fiscal years; and 

(5) a current acquisition program baseline that— 

(A) aligns the acquisition of each technology to mission 

requirements by defining existing capabilities of comparable legacy technology assets, identifying known capability gaps between such existing capabilities and stated 

mission requirements, and explaining how the acquisition 

of each technology will address such known capability gaps; 

Plans. 

Deadline. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 947 

(B) defines life-cycle costs for each technology, 

including all associated costs of major acquisitions systems 

infrastructure and transition to operations, delineated by 

purpose and fiscal year for the projected service life of 

the technology; and 

(C) includes a phase-out and decommissioning schedule 

delineated by fiscal year for existing legacy technology 

assets that each technology is intended to replace or recapitalize. 

AUTOMATION MODERNIZATION

For expenses for U.S. Customs and Border Protection auto- mated 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 multiyear investment and management plan for the Border Security 

Fencing, Infrastructure, and Technology account, that includes for 

each tactical infrastructure and technology deployment— 

(1) the funding level in that budget and projected funding 

levels for each of the next 3 fiscal years, including a description 

of the purpose of such funds; 

(2) the deployment plan, by border segment, that aligns 

each deployment to mission requirements by defining existing 

capabilities, identifying known capability gaps between such 

existing capabilities and stated mission requirements related 

to achieving operational control, and explaining how each tactical infrastructure or technology deployment will address such 

known capability gaps; and 

Deadline. 

Plans. 

Expenditure 

plan. 

Deadline. 

Deadline. 

Expenditure 

plan. 

Project list. 


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125 STAT. 948 PUBLIC LAW 112–74—DEC. 23, 2011 

(3) a current acquisition program baseline that— 

(A) notes and explains any deviations in cost, performance parameters, schedule, or estimated date of completion 

from the most recent acquisition program baseline 

approved by the Department of Homeland Security Acquisition Review Board; 

(B) includes a phase-out and life-cycle recapitalization 

schedule delineated by fiscal year for existing and new 

tactical infrastructure and technology deployments that 

each deployment is intended to replace or recapitalize; 

and 

(C) includes qualitative performance metrics that 

assess the effectiveness of new and existing tactical infrastructure and technology deployments and inform the next 

multi-year investment and management plan related to 

achieving operational control of the Northern and Southwest borders of the United States. 

AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND

PROCUREMENT

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 

Reports. 

Deadline. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 949 

border security, $236,596,000, to remain available until September 

30, 2016: Provided, That for fiscal year 2012 and thereafter, the 

annual budget submission of U.S. Customs and Border Protection 

for ‘‘Construction and Facilities Management’’ shall, in consultation 

with the General Services Administration, include a detailed 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 

Reports. 

Deadlines. 

Waiver authority. 

Deadline. 

Inventory. 

Plans. 

Plans. 

Deadline. 

6 USC 214 note. 


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125 STAT. 950 PUBLIC LAW 112–74—DEC. 23, 2011 

the Committees on Appropriations of the Senate and the House 

of Representatives, not later than 45 days after the end of each 

quarter of the fiscal year, on progress in implementing the preceding 

proviso and the funds obligated during that quarter to make such 

progress: Provided further, That the Secretary of Homeland Security 

shall prioritize the identification and removal of aliens convicted 

of a crime by the severity of that crime: Provided further, That 

funding made available under this heading shall maintain a level 

of not less than 34,000 detention beds through September 30, 2012: 

Provided further, That of the total amount provided, not less than $2,750,843,000 is for detention and removal operations, including 

transportation of unaccompanied minor aliens: Provided further, That of the total amount provided, $10,300,000 shall remain available until September 30, 2013, for the Visa Security Program: 

Provided further, That none of the funds provided under this 

heading may be used to continue a delegation of law enforcement 

authority authorized under section 287(g) of the Immigration and 

Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland 

Security Inspector General determines that the terms of the agreement governing the delegation of authority have been violated: 

Provided further, That none of the funds provided under this 

heading may be used to continue any contract for the provision 

of detention services if the two most recent overall performance 

evaluations received by the contracted facility are less than ‘‘adequate’’ or the equivalent median score in any subsequent performance evaluation system: Provided further, That nothing under this 

heading shall prevent U.S. Immigration and Customs Enforcement 

from exercising those authorities provided under immigration laws 

(as defined in section 101(a)(17) of the Immigration and Nationality 

Act (8 U.S.C. 1101(a)(17))) during priority operations pertaining 

to aliens convicted of a crime. 

AUTOMATION MODERNIZATION

For expenses of immigration and customs enforcement auto- mated 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 mediumContracts. 

Determination. 

Detention beds. 

Aliens. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 951 

and small-sized airports: Provided further, That any award to deploy 

explosives detection systems shall be based on risk, the airport’s 

current reliance on other screening solutions, lobby congestion 

resulting in increased security concerns, high injury rates, airport 

readiness, and increased cost effectiveness: Provided further, That 

security service fees authorized under section 44940 of title 49, 

United States Code, shall be credited to this appropriation as offsetting collections and shall be available only for aviation security: 

Provided further, That the sum appropriated under this heading 

from the general fund shall be reduced on a dollar-for-dollar basis 

as such offsetting collections are received during fiscal year 2012 

so as to result in a final fiscal year appropriation from the general 

fund estimated at not more than $3,223,956,000: Provided further, 

That any security service fees collected in excess of the amount 

made available under this heading shall become available during 

fiscal year 2013: Provided further, That notwithstanding section 

44923 of title 49, United States Code, for fiscal year 2012, any 

funds in the Aviation Security Capital Fund established by section 

44923(h) of title 49, United States Code, may be used for the 

procurement and installation of explosives detection systems or 

for the issuance of other transaction agreements for the purpose 

of funding projects described in section 44923(a): Provided further, 

That none of the funds made available in this Act may be used 

for any recruiting or hiring of personnel into the Transportation 

Security Administration that would cause the agency to exceed 

a staffing level of 46,000 full-time equivalent screeners: Provided 

further, That the preceding proviso shall not apply to personnel 

hired as part-time employees: Provided further, That not later than 

90 days after the date of enactment of this Act, the Secretary 

of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a detailed 

report on— 

(1) the Department of Homeland Security efforts and 

resources being devoted to develop more advanced integrated 

passenger screening technologies for the most effective security 

of passengers and baggage at the lowest possible operating 

and acquisition costs; 

(2) how the Transportation Security Administration is 

deploying its existing passenger and baggage screener 

workforce in the most cost effective manner; and 

(3) labor savings from the deployment of improved technologies for passenger and baggage screening and how those 

savings are being used to offset security costs or reinvested 

to address security vulnerabilities: 

Provided further, That Members of the United States House of 

Representatives and United States Senate, including the leadership; 

the heads of Federal agencies and commissions, including the Secretary, Deputy Secretary, Under Secretaries, and Assistant Secretaries of the Department of Homeland Security; the United States 

Attorney General, Deputy Attorney General, Assistant Attorneys 

General, and the United States Attorneys; and senior members 

of the Executive Office of the President, including the Director 

of the Office of Management and Budget, shall not be exempt 

from Federal passenger and baggage screening. 

Deadline. 

Reports. 

Fees. 

Explosives 

detection 

systems. 


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125 STAT. 952 PUBLIC LAW 112–74—DEC. 23, 2011 

SURFACE TRANSPORTATION SECURITY

For necessary expenses of the Transportation Security Administration related to surface transportation security activities, 

$134,748,000, to remain available until September 30, 2013. 

TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

For necessary expenses for the development and implementation of screening programs of the Office of Transportation Threat 

Assessment and Credentialing, $163,954,000, to remain available 

until September 30, 2013. 

TRANSPORTATION SECURITY SUPPORT

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. 

Deadline. 

Expenditure 

plans. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 953 

2712(a)(5)); and of which not to exceed $17,000 shall be for official 

reception and representation expenses: Provided, That none of the 

funds made available by this Act shall be for expenses incurred 

for recreational vessels under section 12114 of title 46, United 

States Code, except to the extent fees are collected from owners 

of yachts and credited to this appropriation: Provided further, That 

the Coast Guard shall comply with the requirements of section 

527 of the National Defense Authorization Act for Fiscal Year 

2004 (10 U.S.C. 4331 note) with respect to the Coast Guard 

Academy: Provided further, That of the funds provided under this heading, $75,000,000 shall be withheld from obligation for Coast 

Guard Headquarters Directorates until a revised future-years capital investment plan for fiscal years 2013 through 2017, as specified 

under the heading Coast Guard ‘‘Acquisition, Construction, and 

Improvements’’ of this Act is submitted to the Committees on Appropriations of the Senate and the House of Representatives: Provided 

further, That funds made available under this heading for Overseas 

Contingency Operations/Global War on Terrorism may be allocated 

by program, project, and activity, notwithstanding section 503 of 

this Act. 

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 

Investment plan. 

Compliance. 


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125 STAT. 954 PUBLIC LAW 112–74—DEC. 23, 2011 

personnel compensation and benefits and related costs: Provided, 

That the funds provided by this Act shall be immediately available 

and allotted to contract for long lead time materials, components, 

and designs for the sixth National Security Cutter notwithstanding 

the availability of funds for production costs or post-production 

costs: Provided further, That the Secretary of Homeland Security 

shall submit to the Committees on Appropriations of the Senate 

and the House of Representatives, at the time that the President’s 

budget is submitted each year under section 1105(a) of title 31, 

United States Code, a future-years capital investment plan for 

the Coast Guard that identifies for each requested capital asset— 

(1) the proposed appropriations included in that budget; 

(2) the total estimated cost of completion, including and 

clearly delineating the costs of associated major acquisition 

systems infrastructure and transition to operations; 

(3) projected funding levels for each fiscal year for the 

next 5 fiscal years or until acquisition program baseline or 

project completion, whichever is earlier; 

(4) an estimated completion date at the projected funding 

levels; and 

(5) a current acquisition program baseline for each capital 

asset, as applicable, that— 

(A) includes the total acquisition cost of each asset, 

subdivided by fiscal year and including a detailed description of the purpose of the proposed funding levels for each 

fiscal year, including for each fiscal year funds requested 

for design, pre-acquisition activities, production, structural 

modifications, missionization, post-delivery, and transition 

to operations costs; 

(B) includes a detailed project schedule through 

completion, subdivided by fiscal year, that details— 

(i) quantities planned for each fiscal year; and 

(ii) major acquisition and project events, including 

development of operational requirements, contracting 

actions, design reviews, production, delivery, test and 

evaluation, and transition to operations, including necessary training, shore infrastructure, and logistics; 

(C) notes and explains any deviations in cost, performance parameters, schedule, or estimated date of completion 

from the original acquisition program baseline and the 

most recent baseline approved by the Department of Homeland Security’s Acquisition Review Board, if applicable; 

(D) aligns the acquisition of each asset to mission 

requirements by defining existing capabilities of comparable legacy assets, identifying known capability gaps 

between such existing capabilities and stated mission 

requirements, and explaining how the acquisition of each 

asset will address such known capability gaps; 

(E) defines life-cycle costs for each asset and the date 

of the estimate on which such costs are based, including 

all associated costs of major acquisitions systems infrastructure and transition to operations, delineated by purpose and fiscal year for the projected service life of the 

asset; 

(F) includes the earned value management system 

summary schedule performance index and cost performance 

index for each asset, if applicable; and 

Deadline. 

Investment plan. 

14 USC 663 note. 

Contracts. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 955 

(G) includes a phase-out and decommissioning schedule 

delineated by fiscal year for each existing legacy asset 

that each asset is intended to replace or recapitalize: 

Provided further, That the Secretary of Homeland Security shall 

ensure that amounts specified in the future-years capital investment 

plan are consistent, to the maximum extent practicable, with proposed appropriations necessary to support the programs, projects, 

and activities of the Coast Guard in the President’s budget as 

submitted under section 1105(a) of title 31, United States Code, 

for that fiscal year: Provided further, That any inconsistencies 

between the capital investment plan and proposed appropriations 

shall be identified and justified: Provided further, That subsections 

(a) and (b) of section 6402 of Public Law 110–28 shall apply with 

respect to the amounts made available under this heading. 

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 

Applicability. 


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125 STAT. 956 PUBLIC LAW 112–74—DEC. 23, 2011 

participation in firearms matches; presentation of awards; travel 

of United States Secret Service employees on protective missions 

without regard to the limitations on such expenditures in this 

or any other Act if approval is obtained in advance from the 

Committees on Appropriations of the Senate and the House of 

Representatives; research and development; grants to conduct 

behavioral research in support of protective research and operations; 

and payment in advance for commercial accommodations as may 

be necessary to perform protective functions; $1,661,237,000, of 

which not to exceed $21,250 shall be for official reception and 

representation expenses; of which not to exceed $100,000 shall 

be to provide technical assistance and equipment to foreign law 

enforcement organizations in counterfeit investigations; of which 

$2,366,000 shall be for forensic and related support of investigations 

of missing and exploited children; and of which $6,000,000 shall 

be for a grant for activities related to investigations of missing 

and exploited children and shall remain available until September 

30, 2013: Provided, That up to $18,000,000 for protective travel 

shall remain available until September 30, 2013: Provided further, 

That up to $19,307,000 for National Special Security Events shall 

remain available until September 30, 2013: Provided further, That 

the United States Secret Service is authorized to obligate funds 

in anticipation of reimbursements from Federal agencies and entities, as defined in section 105 of title 5, United States Code, for 

personnel receiving training sponsored by the James J. Rowley 

Training Center, except that total obligations at the end of the 

fiscal year shall not exceed total budgetary resources available 

under this heading at the end of the fiscal year: Provided further, 

That none of the funds made available under this heading shall 

be available to compensate any employee for overtime in an annual 

amount in excess of $35,000, except that the Secretary of Homeland 

Security, or the designee of the Secretary, may waive that amount 

as necessary for national security purposes: Provided further, That 

none of the funds made available to the United States Secret 

Service by this Act or by previous appropriations Acts may be 

made available for the protection of the head of a Federal agency 

other than the Secretary of Homeland Security: Provided further, 

That the Director of the United States Secret Service may enter 

into an agreement to provide such protection on a fully reimbursable 

basis: Provided further, That of the total amount made available 

under this heading, $43,843,000, to remain available until September 30, 2014, is for information integration and technology 

transformation: Provided further, That $20,000,000 made available 

in the preceding proviso shall not be obligated to purchase or 

install information technology equipment until the Department of 

Homeland Security Chief Information Officer submits a report to 

the Committees on Appropriations of the Senate and the House 

of Representatives certifying that all plans for integration and 

transformation are consistent with Department of Homeland Security data center migration and enterprise architecture requirements: 

Provided further, That none of the funds made available to the 

United States Secret Service by this Act or by previous appropriations Acts may be obligated for the purpose of opening a new 

permanent domestic or overseas office or location unless the 

Committees on Appropriations of the Senate and the House of 

Representatives are notified 15 days in advance of such obligation. 

Notification. 

Deadline. 

Reports. 

Certification. 

Waiver authority. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 957 

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

For necessary expenses for acquisition, construction, repair, 

alteration, and improvement of facilities, $5,380,000, to remain 

available until September 30, 2016. 

TITLE III 

PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY 

NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Office of the Under Secretary 

for the National Protection and Programs Directorate, support for 

operations, information technology, and the Office of Risk Management and Analysis, $50,695,000: Provided, That not to exceed 

$4,250 shall be for official reception and representation expenses: 

Provided further, That, subject to section 503 of this Act, the Secretary of Homeland Security may transfer up to $4,241,000 to 

the Office of Policy under the heading Departmental Management 

and Operations ‘‘Office of the Secretary and Executive Management’’ 

for activities related to risk management and analysis: Provided 

further, That in the preceding proviso notification shall take place 

not later than 90 days after the date of enactment of this Act: 

Provided further, That any funds not transferred pursuant to the 

penultimate proviso shall be available solely to close out the Office 

of Risk Management and Analysis not later than September 30, 

2012, and shall not be available for further transfer or reprogramming pursuant to section 503 of this Act. 

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, 

Certification. 

Deadline. 

Expenditure 

plan. 

Deadline. 

Deadline. 

Notification. 

Deadline. 


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125 STAT. 958 PUBLIC LAW 112–74—DEC. 23, 2011 

and shall adjust the fees to ensure fee collections are sufficient 

to ensure that the Federal Protective Service maintains not fewer 

than 1,371 full-time equivalent staff and 1,007 full-time equivalent 

Police Officers, Inspectors, Area Commanders, and Special Agents 

who, while working, are directly engaged on a daily basis protecting 

and enforcing laws at Federal buildings (referred to as ‘‘in-service 

field staff’’): Provided further, That an expenditure plan for fiscal 

year 2012 shall be provided to the Committees on Appropriations 

of the Senate and the House of Representatives not later than 

60 days after the date of enactment of this Act: Provided further, 

That the Director of the Federal Protective Service shall include 

with the submission of the President’s fiscal year 2013 budget 

a strategic human capital plan that aligns fee collections to personnel requirements based on a current threat assessment. 

UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR

TECHNOLOGY

For necessary expenses for the United States Visitor and 

Immigrant Status Indicator Technology program, as authorized by 

section 110 of the Illegal Immigration Reform and Immigrant 

Responsibility Act of 1996 (8 U.S.C. 1365a), $306,802,000, of which 

$9,400,000 is for development of a comprehensive plan for 

implementation of biometric air exit and improvements to biographic entry-exit capabilities: Provided, That of the total amount 

made available under this heading, $194,295,000 is to remain available until September 30, 2014: Provided further, That of the total 

amount provided, $50,000,000 may not be obligated for the United 

States Visitor and Immigrant Status Indicator Technology program 

until the Secretary of Homeland Security submits to the Committees 

on Appropriations of the Senate and the House of Representatives 

at the time that the President’s budget is submitted each year 

under section 1105(a) of title 31, United States Code, a multiyear investment and management plan, to include each fiscal year 

starting with the current fiscal year, and the following 3 fiscal 

years, for the United States Visitor and Immigrant Status Indicator 

Technology program that includes— 

(1) the proposed appropriations for each activity tied to 

mission requirements and outcomes, program management 

capabilities, performance levels, and specific capabilities and 

services to be delivered, noting any deviations in cost or 

performance from the prior fiscal year expenditure or investment and management plan; 

(2) the total estimated cost, projected funding by fiscal 

year, and projected timeline of completion for all enhancements, 

modernizations, and new capabilities proposed in such budget 

and underway, including and clearly delineating associated 

efforts and funds requested by other agencies within the 

Department of Homeland Security and in the Federal Government, and detailing any deviations in cost, performance, 

schedule, or estimated date of completion provided in the prior 

fiscal year expenditure or investment and management plan; 

and 

(3) a detailed accounting of operations and maintenance, 

contractor services, and program costs associated with the 

management of identity services. 

Deadline. 

Plans. 

Strategic plan. 

Expenditure 

plan. 

Deadline. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 959 

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 PostKatrina Emergency Management Reform Act of 2006 (Public Law 

109–295; 120 Stat. 1394): Provided, That not to exceed $2,500 

shall be for official reception and representation expenses: Provided 

further, That the Administrator of the Federal Emergency Management Agency may reprogram funds made available under this 

heading between programs, projects, and activities prior to April 

16, 2012, notwithstanding section 503 of this Act: Provided further, That $1,400,000 of the funds available for the Office of the Administrator of the Federal Emergency Management Agency shall not 

be available for obligation until the Administrator of the Federal 

Emergency Management Agency submits to the Committees on 

Appropriations of the Senate and the House of Representatives 

the National Preparedness Report required by Public Law 109– 

295 and a comprehensive plan to implement a system to measure 

the effectiveness of grants to State and local communities in fiscal 

year 2012: Provided further, That for purposes of planning, coordination, execution, and decision making related to mass evacuation 

during a disaster, the Governors of the State of West Virginia 

and the Commonwealth of Pennsylvania, or their designees, shall 

be incorporated into efforts to integrate the activities of Federal, 

State, and local governments in the National Capital Region, as 

defined in section 882 of the Homeland Security Act of 2002 (Public 

Law 107–296): Provided further, That of the total amount made 

available under this heading, $41,250,000 shall be for the Urban 

Search and Rescue Response System, of which not to exceed 

$1,600,000 may be made available for administrative costs; 

$5,493,000 shall be for the Office of National Capital Region 

Coordination; not to exceed $12,000,000 shall remain available until 

Disaster 

evacuation. 

West Virginia. 

Pennsylvania. 

Reports. 

Comprehensive 

plan. 

Expenditure 

plan. 

Deadline. 


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125 STAT. 960 PUBLIC LAW 112–74—DEC. 23, 2011 

September 30, 2013, for capital improvements at the Mount 

Weather Emergency Operations Center; and not less than 

$13,662,000 shall be for expenses related to modernization of automated systems: Provided further, That the Administrator of the 

Federal Emergency Management Agency, in consultation with the 

Department of Homeland Security Chief Information Officer, shall 

submit to the Committees on Appropriations of the Senate and 

the House of Representatives a strategic plan, not later than 180 

days after the date of enactment of this Act, for the funds specified 

in the preceding proviso related to modernization of automated 

systems, that includes— 

(1) a comprehensive plan to automate and modernize 

information systems to resolve current inefficiencies, integrate 

data, and aid in better performance of executing the Agencywide mission; 

(2) a description of the appropriations for each project 

and activity tied to mission requirements and outcomes, program management capabilities, performance levels, and specific 

capabilities and services to be delivered; 

(3) the total estimated cost and projected timeline of 

completion for all multi-year enhancements, modernizations, 

and new capabilities proposed and underway covering a period 

of no less than 3 years; 

(4) a detailed accounting of operations and maintenance 

and contractor services costs; and 

(5) the current or planned acquisition programs including— 

(A) how the programs align to mission requirements 

by defining existing capabilities, identifying known capability gaps between such existing capabilities and stated 

mission requirements, and explaining how each increment 

will address a known capability gap; 

(B) how programs provide quantifiable information that 

aids in understanding national emergency management 

capabilities; 

(C) how programs ensure information sharing among 

homeland security partners; and 

(D) life-cycle costs for all acquisitions. 

STATE AND LOCAL PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

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). 

Puerto Rico. 

Strategic plan. 

Deadline. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 961 

(3) The Metropolitan Medical Response System under section 635 of the Post-Katrina Emergency Management Reform 

Act of 2006 (6 U.S.C. 723). 

(4) The Citizen Corps Program. 

(5) Public Transportation Security Assistance and Railroad 

Security Assistance, under sections 1406 and 1513 of the Implementing Recommendations of the 9/11 Commission Act of 2007 

(6 U.S.C. 1135 and 1163), including Amtrak security: Provided, 

That such public transportation security assistance shall be 

provided directly to public transportation agencies. 

(6) Over-the-Road Bus Security Assistance under section 

1532 of the Implementing Recommendations of the 9/11 

Commission Act of 2007 (6 U.S.C. 1182). 

(7) Port Security Grants in accordance with 46 U.S.C. 

70107. 

(8) The Driver’s License Security Grants Program in accordance with section 204 of the REAL ID Act of 2005 (49 U.S.C. 

30301 note). 

(9) The Interoperable Emergency Communications Grant 

Program under section 1809 of the Homeland Security Act 

of 2002 (6 U.S.C. 579). 

(10) Emergency Operations Centers under section 614 of 

the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196c). 

(11) Buffer Zone Protection Program Grants. 

(12) Organizations (as described under section 501(c)(3) 

of the Internal Revenue Code of 1986 and exempt from tax 

section 501(a) of such code) determined by the Secretary to 

be at high risk of a terrorist attack: 

Provided, That of the amount provided under this heading, 

$50,000,000 shall be for Operation Stonegarden and no less than 

$100,000,000 shall be for areas at the highest threat of a terrorist 

attack: Provided further, That $231,681,000 shall be for training, 

exercises, technical assistance, and other programs, of which 

$155,500,000 shall be for training of State, local, and tribal emergency response providers: Provided further, That for grants under 

paragraphs (1) through (12), applications for grants shall be made 

available to eligible applicants not later than 60 days after the 

date of enactment of this Act, that eligible applicants shall submit 

applications not later than 80 days after the grant announcement, 

and the Administrator of the Federal Emergency Management 

Agency shall act within 65 days after the receipt of an application: 

Provided further, That notwithstanding section 2008(a)(11) of the 

Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)), or any other 

provision of law, a grantee may use not more than 5 percent 

of the amount of a grant made available under this heading for 

expenses directly related to administration of the grant: Provided 

further, That 6.8 percent of the amounts provided under this 

heading shall be transferred to the Federal Emergency Management 

Agency ‘‘Salaries and Expenses’’ account for program administration: Provided further, That for grants under paragraphs (1) and 

(2), the installation of communication towers is not considered 

construction of a building or other physical facility: Provided further, 

That grantees shall provide reports on their use of funds, as determined necessary by the Secretary of Homeland Security: Provided 

further, That in fiscal year 2012: (a) the Center for Domestic 

Preparedness may provide training to emergency response providers 

Reports. 

Determination. 

Grants. 

Deadlines. 

Security 

assistance. 


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125 STAT. 962 PUBLIC LAW 112–74—DEC. 23, 2011 

from the Federal Government, foreign governments, or private entities, if the Center for Domestic Preparedness is reimbursed for 

the cost of such training, and any reimbursement under this subsection shall be credited to the account from which the expenditure 

being reimbursed was made and shall be available, without fiscal 

year limitation, for the purposes for which amounts in the account 

may be expended; (b) the head of the Center for Domestic Preparedness shall ensure that any training provided under (a) does not 

interfere with the primary mission of the Center to train state 

and local emergency response providers; and (c) subject to (b), 

nothing in (a) prohibits the Center for Domestic Preparedness from 

providing training to employees of the Federal Emergency Management Agency in existing chemical, biological, radiological, nuclear, 

explosives, mass casualty, and medical surge courses pursuant to 

5 U.S.C. 4103 without reimbursement for the cost of such training. 

FIREFIGHTER ASSISTANCE GRANTS

For necessary expenses for programs authorized by the Federal 

Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 

$675,000,000, to remain available until September 30, 2013, of 

which $337,500,000 shall be available to carry out section 33 of 

that Act (15 U.S.C. 2229) and $337,500,000 shall be available 

to carry out section 34 of that Act (15 U.S.C. 2229a): Provided, 

That not to exceed 5 percent of the amount available under this 

heading shall be available for program administration. 

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

For necessary expenses for emergency management performance grants, as authorized by the National Flood Insurance Act 

of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 

the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 

et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), 

$350,000,000: Provided, That total administrative costs shall not 

exceed 3 percent of the total amount appropriated under this 

heading. 

RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

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. 

Effective date. 

Fees. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 963 

UNITED STATES FIRE ADMINISTRATION

For necessary expenses of the United States Fire Administration and for other purposes, as authorized by the Federal Fire 

Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) and 

the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), 

$44,038,000. 

DISASTER RELIEF FUND

(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 

42 USC 5208. 

Reports. 

Deadlines. 

Reports. 

Expenditure 

plan. 

Deadline. 


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125 STAT. 964 PUBLIC LAW 112–74—DEC. 23, 2011 

102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)), fire management 

assistance grants, as described in section 420 of the Robert 

T. Stafford Disaster Relief and Emergency Assistance Act 

(42 U.S.C. 5187), surge activities, and disaster readiness 

and support activities; 

(H) the amount required for activities not covered 

under section 251(b)(2)(D)(iii) of the Balanced Budget and 

Emergency Deficit Control Act of 1985 (2 U.S.C. 

901(b)(2)(D)(iii); Public Law 99–177); 

(2) an estimate or actual amounts, if available, of the 

following for the current fiscal year shall be submitted not 

later than the fifth day of each month beginning with the 

first full month after the date of enactment of this Act: 

(A) a summary of the amount of appropriations made 

available by source, the transfers executed, the previously 

allocated funds recovered, and the commitments, allocations, and obligations made; 

(B) a table of disaster relief activity delineated by 

month, including— 

(i) the beginning and ending balances; 

(ii) the total obligations to include amounts obligated for fire assistance, emergencies, surge, and disaster support activities; 

(iii) the obligations for catastrophic events delineated by event and by State; and 

(iv) the amount of previously obligated funds that 

are recovered; 

(C) a summary of allocations, obligations, and expenditures for catastrophic events delineated by event; and 

(D) the date on which funds appropriated will be 

exhausted. 

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 

Deadlines. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 965 

section 1308(d) of the National Flood Insurance Act of 1968 (42 

U.S.C. 4015(d)); of which not to exceed $22,000,000 shall be available for salaries and expenses associated with flood mitigation 

and flood insurance operations; and not less than $149,000,000 

shall be available for flood plain management and flood mapping, 

which shall remain available until September 30, 2013: Provided, 

That any additional fees collected pursuant to section 1308(d) of 

the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall 

be credited as an offsetting collection to this account, to be available 

for flood plain management and flood mapping: Provided further, 

That in fiscal year 2012, no funds shall be available from the 

National Flood Insurance Fund under section 1310 of that Act 

(42 U.S.C. 4017) in excess of: 

(1) $132,000,000 for operating expenses; 

(2) $1,007,571,000 for commissions and taxes of agents; 

(3) such sums as are necessary for interest on Treasury 

borrowings; and 

(4) $60,000,000, which shall remain available until 

expended for flood mitigation actions; of which not less than 

$10,000,000 is for severe repetitive loss properties under section 

1361A of the National Flood Insurance Act of 1968 (42 U.S.C. 

4102a); of which $10,000,000 shall be for repetitive insurance 

claims properties under section 1323 of the National Flood 

Insurance Act of 1968 (42 U.S.C. 4030); and of which 

$40,000,000 shall be for flood mitigation assistance under section 1366 of the National Flood Insurance Act of 1968 (42 

U.S.C. 4104c), notwithstanding subparagraphs (B) and (C) of 

subsection (b)(3) and subsection (f) of section 1366 of the 

National Flood Insurance Act of 1968 (42 U.S.C. 4104c) and 

notwithstanding subsection (a)(7) of section 1310 of the 

National Flood Insurance Act of 1968 (42 U.S.C. 4017): 

Provided further, That the amounts collected under section 102 

of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) 

and section 1366(i) of the National Flood Insurance Act of 1968 

shall be deposited in the National Flood Insurance Fund to supplement other amounts specified as available for section 1366 of the 

National Insurance Act of 1968, notwithstanding subsection (f)(8) 

of such section 102 (42 U.S.C. 4012a(f)(8) and subsection 1366(i) 

and paragraphs (2) and (3) of section 1367(b) of the National Flood 

Insurance Act of 1968 (42 U.S.C. 4104c(i), 4104d(b)(2)–(3)): Provided 

further, That total administrative costs shall not exceed 4 percent 

of the total appropriation. 

NATIONAL PREDISASTER MITIGATION FUND

For the predisaster mitigation grant program under section 

203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), $35,500,000, to remain available until 

expended: Provided, That the total administrative costs associated 

with such grants shall not exceed $3,000,000 of the total amount 

made available under this heading. 

EMERGENCY FOOD AND SHELTER

To carry out the emergency food and shelter program pursuant 

to title III of the McKinney-Vento Homeless Assistance Act (42 

U.S.C. 11331 et seq.), $120,000,000, to remain available until 


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125 STAT. 966 PUBLIC LAW 112–74—DEC. 23, 2011 

expended: Provided, That total administrative costs shall not exceed 

3.5 percent of the total amount made available under this heading. 

TITLE IV 

RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES 

UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

For necessary expenses for citizenship and immigration serv- ices, $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 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 967 

capacity throughout the fiscal year: Provided further, That the 

Federal Law Enforcement Training Accreditation Board, including 

representatives from the Federal law enforcement community and 

non-Federal accreditation experts involved in law enforcement 

training, shall lead the Federal law enforcement training accreditation process to continue the implementation of measuring and 

assessing the quality and effectiveness of Federal law enforcement 

training programs, facilities, and instructors. 

ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements, 

and related expenses of the Federal Law Enforcement Training 

Center, $32,456,000, to remain available until September 30, 2016: 

Provided, That the Center is authorized to accept reimbursement 

to this appropriation from government agencies requesting the 

construction of special use facilities. 

SCIENCE AND TECHNOLOGY

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Office of the Under Secretary 

for Science and Technology and for management and administration 

of programs and activities, as authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), $135,000,000: 

Provided, That not to exceed $8,500 shall be for official reception 

and representation expenses. 

RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

For necessary expenses for science and technology research, 

including advanced research projects, development, test and evaluation, acquisition, and operations as authorized by title III of the 

Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), and the 

purchase or lease of not to exceed 5 vehicles, $533,000,000, of 

which $356,500,000, to remain available until September 30, 2014; 

and of which $176,500,000, to remain available until September 

30, 2016, solely for operation and construction of laboratory facilities. 

DOMESTIC NUCLEAR DETECTION OFFICE

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 

Deadline. 

Strategic plan. 


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125 STAT. 968 PUBLIC LAW 112–74—DEC. 23, 2011 

Senate and the House of Representatives a strategic plan of investments necessary to implement the Department of Homeland Security’s responsibilities under the domestic component of the global 

nuclear detection architecture that shall: 

(1) define each Departmental entity’s roles and responsibilities in support of the domestic detection architecture, including 

any existing or planned programs to pre-screen cargo or conveyances overseas; 

(2) identify and describe the specific investments being 

made by Departmental organizations in fiscal year 2012, and 

planned for fiscal year 2013, to support the domestic architecture and the security of sea, land, and air pathways into the 

United States; 

(3) describe the investments necessary to close known 

vulnerabilities and gaps, including associated costs and timeframes, and estimates of feasibility and cost effectiveness; and 

(4) explain how the Department’s research and development funding is furthering the implementation of the domestic 

nuclear detection architecture, including specific investments 

planned for each of fiscal years 2012 and 2013. 

RESEARCH, DEVELOPMENT, AND OPERATIONS

For necessary expenses for radiological and nuclear research, 

development, testing, evaluation, and operations, $215,000,000, to 

remain available until September 30, 2014. 

SYSTEMS ACQUISITION

For expenses for the Domestic Nuclear Detection Office acquisition and deployment of radiological detection systems in accordance 

with the global nuclear detection architecture, $37,000,000, to 

remain available until September 30, 2014. 

TITLE V 

GENERAL PROVISIONS 

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; 

Notifications. 

Deadlines. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 969 

(3) increases funds for any program, project, or activity 

for which funds have been denied or restricted by the Congress; 

(4) proposes to use funds directed for a specific activity 

by either of the Committees on Appropriations of the Senate 

or the House of Representatives for a different purpose; or 

(5) contracts out any function or activity for which funding 

levels were requested for Federal full-time equivalents in the 

object classification tables contained in the fiscal year 2012 

Budget Appendix for the Department of Homeland Security, 

as modified by the joint explanatory statement accompanying 

this Act, unless the Committees on Appropriations of the Senate 

and the House of Representatives are notified 15 days in 

advance of such reprogramming of funds. 

(b) None of the funds provided by this Act, provided by previous 

appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation 

or expenditure in fiscal year 2012, or provided from any accounts 

in the Treasury of the United States derived by the collection 

of fees or proceeds available to the agencies funded by this Act, 

shall be available for obligation or expenditure for programs, 

projects, or activities through a reprogramming of funds in excess 

of $5,000,000 or 10 percent, whichever is less, that: 

(1) augments existing programs, projects, or activities; 

(2) reduces by 10 percent funding for any existing program, 

project, or activity, or reduces the numbers of personnel by 

10 percent as approved by the Congress; or 

(3) results from any general savings from a reduction in 

personnel that would result in a change in existing programs, 

projects, or activities as approved by the Congress, unless the 

Committees on Appropriations of the Senate and the House 

of Representatives are notified 15 days in advance of such 

reprogramming of funds. 

(c) Not to exceed 5 percent of any appropriation made available 

for the current fiscal year for the Department of Homeland Security 

by this Act or provided by previous appropriations Acts may be 

transferred between such appropriations, but no such appropriation, 

except as otherwise specifically provided, shall be increased by 

more than 10 percent by such transfers: Provided, That any transfer 

under this section shall be treated as a reprogramming of funds 

under subsection (b) and shall not be available for obligation unless 

the Committees on Appropriations of the Senate and the House 

of Representatives are notified 15 days in advance of such transfer. 

(d) Notwithstanding subsections (a), (b), and (c) of this section, 

no funds shall be reprogrammed within or transferred between 

appropriations after June 30, except in extraordinary circumstances 

that imminently threaten the safety of human life or the protection 

of property. 

(e) The notification thresholds and procedures set forth in this 

section shall apply to any use of deobligated balances of funds 

provided in previous Department of Homeland Security Appropriations Acts. 

SEC. 504. The Department of Homeland Security Working Capital Fund, established pursuant to section 403 of Public Law 103– 

356 (31 U.S.C. 501 note), shall continue operations as a permanent 

working capital fund for fiscal year 2012: Provided, That none 

of the funds appropriated or otherwise made available to the Department of Homeland Security may be used to make payments to 

Applicability. 


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125 STAT. 970 PUBLIC LAW 112–74—DEC. 23, 2011 

the Working Capital Fund, except for the activities and amounts 

allowed in the President’s fiscal year 2012 budget: Provided further, That funds provided to the Working Capital Fund shall be available 

for obligation until expended to carry out the purposes of the 

Working Capital Fund: Provided further, That all departmental 

components shall be charged only for direct usage of each Working 

Capital Fund service: Provided further, That funds provided to 

the Working Capital Fund shall be used only for purposes consistent 

with the contributing component: Provided further, That the 

Working Capital Fund shall be paid in advance or reimbursed 

at rates which will return the full cost of each service: Provided 

further, That the Working Capital Fund shall be subject to the 

requirements of section 503 of this Act. 

SEC. 505. Except as otherwise specifically provided by law, 

not to exceed 50 percent of unobligated balances remaining available 

at the end of fiscal year 2012 from appropriations for salaries 

and expenses for fiscal year 2012 in this Act shall remain available 

through September 30, 2013, in the account and for the purposes 

for which the appropriations were provided: Provided, That prior 

to the obligation of such funds, a request shall be submitted to 

the Committees on Appropriations of the Senate and the House 

of Representatives for approval in accordance with section 503 

of this Act. 

SEC. 506. Funds made available by this Act for intelligence 

activities are deemed to be specifically authorized by the Congress 

for purposes of section 504 of the National Security Act of 1947 

(50 U.S.C. 414) during fiscal year 2012 until the enactment of 

an Act authorizing intelligence activities for fiscal year 2012. 

SEC. 507. (a) Except as provided in subsections (b) and (c), 

none of the funds made available by this Act may be used to— 

(1) make or award a grant allocation, grant, contract, other 

transaction agreement, task or delivery order on a Department 

of Homeland Security multiple award contract, or to issue 

a letter of intent totaling in excess of $1,000,000; 

(2) award a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from multiyear Department of Homeland Security funds or a task or 

delivery order that would cause cumulative obligations of multiyear funds in a single account to exceed 50 percent of the 

total amount appropriated; or 

(3) announce publicly the intention to make or award items 

under paragraph (1) or (2), including a contract covered by 

the Federal Acquisition Regulation. 

(b) The Secretary of Homeland Security may waive the prohibition under subsection (a) if the Secretary notifies the Committees 

on Appropriations of the Senate and the House of Representatives 

at least 3 full business days in advance of making an award or 

issuing a letter as described in that subsection. 

(c) If the Secretary of Homeland Security determines that 

compliance with this section would pose a substantial risk to human 

life, health, or safety, an award may be made without notification, 

and the Secretary shall notify the Committees on Appropriations 

of the Senate and the House of Representatives not later than 

5 full business days after such an award is made or letter issued. 

(d) A notification under this section— 

(1) may not involve funds that are not available for obligation; and 

Waiver authority. 

Grants. 

Contracts. 

Notifications. 

Deadlines. 

Approval request. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 971 

(2) shall include the amount of the award, the fiscal year 

for which the funds for the award were appropriated, and 

the account from which the funds are being drawn. 

(e) The Administrator of the Federal Emergency Management 

Agency shall brief the Committees on Appropriations of the Senate 

and the House of Representatives 5 full business days in advance 

of announcing publicly the intention of making an award under 

‘‘State and Local Programs’’. 

SEC. 508. Notwithstanding any other provision of law, no agency 

shall purchase, construct, or lease any additional facilities, except 

within or contiguous to existing locations, to be used for the purpose 

of conducting Federal law enforcement training without the advance 

approval of the Committees on Appropriations of the Senate and 

the House of Representatives, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use 

of additional facilities by lease, contract, or other agreement for 

training that cannot be accommodated in existing Center facilities. 

SEC. 509. None of the funds appropriated or otherwise made 

available by this Act may be used for expenses for any construction, 

repair, alteration, or acquisition project for which a prospectus 

otherwise required under chapter 33 of title 40, United States 

Code, has not been approved, except that necessary funds may 

be expended for each project for required expenses for the development of a proposed prospectus. 

SEC. 510. Sections 520, 522, and 530, of the Department of 

Homeland Security Appropriations Act, 2008 (division E of Public 

Law 110–161; 121 Stat. 2073 and 2074) shall apply with respect 

to funds made available in this Act in the same manner as such 

sections applied to funds made available in that Act. 

SEC. 511. None of the funds made available in this Act may 

be used in contravention of the applicable provisions of the Buy 

American Act (41 U.S.C. 10a et seq.). 

SEC. 512. None of the funds made available in this Act may 

be used by any person other than the Privacy Officer appointed 

under subsection (a) of section 222 of the Homeland Security Act 

of 2002 (6 U.S.C. 142(a)) to alter, direct that changes be made 

to, delay, or prohibit the transmission to Congress of any report 

prepared under paragraph (6) of such subsection. 

SEC. 513. None of the funds made available in this Act may 

be used to amend the oath of allegiance required by section 337 

of the Immigration and Nationality Act (8 U.S.C. 1448). 

SEC. 514. Within 45 days after the end of each month, the 

Chief Financial Officer of the Department of Homeland Security 

shall submit to the Committees on Appropriations of the Senate 

and the House of Representatives a monthly budget and staffing 

report for that month that includes total obligations, on-board 

versus funded full-time equivalent staffing levels, and the number 

of contract employees for each office of the Department. 

SEC. 515. None of the funds appropriated by this Act may 

be used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided as of June 

1, 2004, by employees (including employees serving on a temporary 

or term basis) of United States Citizenship and Immigration Services of the Department of Homeland Security who are known as 

of that date as Immigration Information Officers, Contact Representatives, or Investigative Assistants. 

Deadlines. 

Budget. 

Reports. 

Applicability. 

Contracts. 

Briefing. 


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125 STAT. 972 PUBLIC LAW 112–74—DEC. 23, 2011 

SEC. 516. Except as provided in section 44945 of title 49, 

United States Code, funds appropriated or transferred to Transportation Security Administration ‘‘Aviation Security’’, ‘‘Administration’’, and ‘‘Transportation Security Support’’ for fiscal years 2004 

and 2005 that are recovered or deobligated shall be available only 

for the procurement or installation of explosives detection systems, 

air cargo, baggage, and checkpoint screening systems, subject to 

notification: Provided, That quarterly reports shall be submitted 

to the Committees on Appropriations of the Senate and the House 

of Representatives on any funds that are recovered or deobligated. 

SEC. 517. Any funds appropriated to Coast Guard ‘‘Acquisition, 

Construction, and Improvements’’ for fiscal years 2002, 2003, 2004, 

2005, and 2006 for the 110–123 foot patrol boat conversion that 

are recovered, collected, or otherwise received as the result of negotiation, mediation, or litigation, shall be available until expended 

for the Fast Response Cutter program. 

SEC. 518. Section 532(a) of Public Law 109–295 (120 Stat. 

1384) is amended by striking ‘‘2011’’ and inserting ‘‘2012’’. 

SEC. 519. The functions of the Federal Law Enforcement 

Training Center instructor staff shall be classified as inherently 

governmental for the purpose of the Federal Activities Inventory 

Reform Act of 1998 (31 U.S.C. 501 note). 

SEC. 520. (a) Except as provided in subsection (b), none of 

the funds appropriated in this or any other Act to the ‘‘Office 

of the Secretary and Executive Management’’, the ‘‘Office of the 

Under Secretary for Management’’, or the ‘‘Office of the Chief Financial Officer’’, may be obligated for a grant or contract funded under 

such headings by any means other than full and open competition. 

(b) Subsection (a) does not apply to obligation of funds for 

a contract awarded— 

(1) by a means that is required by a Federal statute, 

including obligation for a purchase made under a mandated 

preferential program, including the AbilityOne Program, that 

is authorized under the Javits-Wagner-O’Day Act (41 U.S.C. 

46 et seq.); 

(2) pursuant to the Small Business Act (15 U.S.C. 631 

et seq.); 

(3) in an amount less than the simplified acquisition 

threshold described under section 302A(a) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 

252a(a)); or 

(4) by another Federal agency using funds provided through 

an interagency agreement. 

(c)(1) Subject to paragraph (2), the Secretary of Homeland 

Security may waive the application of this section for the award 

of a contract in the interest of national security or if failure to 

do so would pose a substantial risk to human health or welfare. 

(2) Not later than 5 days after the date on which the Secretary 

of Homeland Security issues a waiver under this subsection, the 

Secretary shall submit notification of that waiver to the Committees 

on Appropriations of the Senate and the House of Representatives, 

including a description of the applicable contract to which the 

waiver applies and an explanation of why the waiver authority 

was used: Provided, That the Secretary may not delegate the 

authority to grant such a waiver. 

Deadline. 

Notification. 

Waiver authority. 

Grants. 

Contracts. 

Classified 

information. 

Deadlines. 

Reports. 

Notification. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 973 

(d) In addition to the requirements established by subsections 

(a), (b), and (c) of this section, the Inspector General of the Department of Homeland Security shall review departmental contracts 

awarded through means other than a full and open competition 

to assess departmental compliance with applicable laws and regulations: Provided, That the Inspector General shall review selected 

contracts awarded in the previous fiscal year through means other 

than a full and open competition: Provided further, That in selecting 

which contracts to review, the Inspector General shall consider 

the cost and complexity of the goods and services to be provided 

under the contract, the criticality of the contract to fulfilling Department missions, past performance problems on similar contracts 

or by the selected vendor, complaints received about the award 

process or contractor performance, and such other factors as the 

Inspector General deems relevant: Provided further, That the 

Inspector General shall report the results of the reviews to the 

Committees on Appropriations of the Senate and the House of 

Representatives no later than February 6, 2012. 

SEC. 521. None of the funds provided by this or previous appropriations Acts shall be used to fund any position designated as 

a Principal Federal Official (or the successor thereto) for any Robert 

T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5121 et seq.) declared disasters or emergencies unless— 

(1) The responsibilities of the Principal Federal Official 

do not include operational functions related to incident management, including coordination of operations, and are consistent 

with the requirements of subsection 509(c) and subsections 

503(c)(3) and (c)(4)(A) of the Homeland Security Act of 2002 

(6 U.S.C. 319(c) and 313(c)(3) and (c)(4)(A)) and section 302 

of the Robert T. Stafford Disaster Relief and Assistance Act 

(42 U.S.C. 5143); 

(2) Not later than 10 business days after the latter of 

the date on which the Secretary of Homeland Security appoints 

the Principal Federal Official and the date on which the President issues a declaration under section 401 or section 501 

of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191, respectively), the Secretary 

of Homeland Security shall submit a notification of the appointment of the Principal Federal Official and a description of 

the responsibilities of such Official and how such responsibilities are consistent with paragraph (1) to the Committees on 

Appropriations of the Senate and the House of Representatives, 

the Transportation and Infrastructure Committee of the House 

of Representatives, and the Homeland Security and Governmental Affairs Committee of the Senate; and 

(3) Not later than 60 days after the date of enactment 

of this Act, the Secretary shall provide a report specifying 

timeframes and milestones regarding the update of operations, 

planning and policy documents, and training and exercise protocols, to ensure consistency with paragraph (1) of this section. 

SEC. 522. None of the funds made available in this or any 

other Act for fiscal years 2012 and thereafter may be used to 

enforce section 4025(1) of Public Law 108–458 unless the Administrator of the Transportation Security Administration reverses the 

determination of July 19, 2007, that butane lighters are not a 

significant threat to civil aviation security. 

Butane lighters. 

Reports. 

Notification. 

Deadlines. 

Reports. 

Deadline. 

Reviews. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
125 STAT. 974 PUBLIC LAW 112–74—DEC. 23, 2011 

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). 

Notification. 

Deadline. 

Contracts. 

Fees. 

Equine. 

6 USC 453c. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 975 

SEC. 530. None of the funds made available to the Office of 

the Secretary and Executive Management under this Act may be 

expended for any new hires by the Department of Homeland Security that are not verified through the E-Verify Program as described 

in section 403(a) of the Illegal Immigration Reform and Immigrant 

Responsibility Act of 1996 (8 U.S.C. 1324a note). 

SEC. 531. None of the funds in this Act shall be used to 

reduce the United States Coast Guard’s Operations Systems Center 

mission or its government-employed or contract staff levels. 

SEC. 532. None of the funds made available in this Act for 

U.S. Customs and Border Protection may be used to prevent an 

individual not in the business of importing a prescription drug 

(within the meaning of section 801(g) of the Federal Food, Drug, 

and Cosmetic Act) from importing a prescription drug from Canada 

that complies with the Federal Food, Drug, and Cosmetic Act: 

Provided, That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription 

drug, not to exceed a 90-day supply: Provided further, That the 

prescription drug may not be— 

(1) a controlled substance, as defined in section 102 of 

the Controlled Substances Act (21 U.S.C. 802); or 

(2) a biological product, as defined in section 351 of the 

Public Health Service Act (42 U.S.C. 262). 

SEC. 533. None of the funds appropriated by this Act may 

be used to conduct, or to implement the results of, a competition 

under Office of Management and Budget Circular A–76 for activities 

performed with respect to the Coast Guard National Vessel Documentation Center. 

SEC. 534. The Secretary of Homeland Security, in consultation 

with the Secretary of the Treasury, shall notify the Committees 

on Appropriations of the Senate and the House of Representatives 

of any proposed transfers of funds available under section 9703.1 

(g)(4)(B) of title 31, United States Code (as added by Public Law 

102–393) from the Department of the Treasury Forfeiture Fund 

to any agency within the Department of Homeland Security: Provided, That none of the funds identified for such a transfer may 

be obligated until the Committees on Appropriations of the Senate 

and the House of Representatives approve the proposed transfers. 

SEC. 535. None of the funds made available in this Act may 

be used for planning, testing, piloting, or developing a national 

identification card. 

SEC. 536. If the Administrator of the Transportation Security 

Administration determines that an airport does not need to participate in the E-Verify Program as described in section 403(a) of 

the Illegal Immigration Reform and Immigrant Responsibility Act 

of 1996 (8 U.S.C. 1324a note), the Administrator shall certify to 

the Committees on Appropriations of the Senate and the House 

of Representatives that no security risks will result from such 

non-participation. 

SEC. 537. (a) Notwithstanding any other provision of this Act, 

except as provided in subsection (b), and 30 days after the date 

on which the President determines whether to declare a major 

disaster because of an event and any appeal is completed, the 

Administrator shall publish on the Web site of the Federal Emergency Management Agency a report regarding that decision that 

shall summarize damage assessment information used to determine 

whether to declare a major disaster. 

Deadline. 

President. 

Web posting. 

Reports. 

Determination. 

Certification. 

National 

identification 

card. 

Notification. 

Applicability. 

Drugs and drug 

abuse. 

Canada. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
125 STAT. 976 PUBLIC LAW 112–74—DEC. 23, 2011 

(b) The Administrator may redact from a report under subsection (a) any data that the Administrator determines would compromise national security. 

(c) In this section— 

(1) the term ‘‘Administrator’’ means the Administrator of 

the Federal Emergency Management Agency; and 

(2) the term ‘‘major disaster’’ has the meaning given that 

term in section 102 of the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5122). 

SEC. 538. (a) Notwithstanding any other provision of law during 

fiscal year 2012 or any subsequent fiscal year, if the Secretary 

of Homeland Security determines that the National Bio- and Agrodefense Facility should be located at a site other than Plum Island, 

New York, the Secretary shall ensure that the Administrator of 

General Services sells through public sale all real and related 

personal property and transportation assets which support Plum 

Island operations, subject to such terms and conditions as may 

be necessary to protect Government interests and meet program 

requirements. 

(b) The proceeds of such sale described in subsection (a) shall 

be deposited as offsetting collections into the Department of Homeland Security Science and Technology ‘‘Research, Development, 

Acquisition, and Operations’’ account and, subject to appropriation, 

shall be available until expended, for site acquisition, construction, 

and costs related to the construction of the National Bio- and 

Agro-defense Facility, including the costs associated with the sale, 

including due diligence requirements, necessary environmental 

remediation at Plum Island, and reimbursement of expenses 

incurred by the General Services Administration. 

SEC. 539. Any official that is required by this Act to report 

or to certify to the Committees on Appropriations of the Senate 

and the House of Representatives may not delegate such authority 

to perform that act unless specifically authorized herein. 

SEC. 540. Section 550(b) of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109–295; 6 U.S.C. 121 

note), as amended by section 550 of the Department of Homeland 

Security Appropriations Act, 2010 (Public Law 111–83), is further 

amended by striking ‘‘on October 4, 2011’’ and inserting ‘‘on October 

4, 2012’’. 

SEC. 541. None of the funds appropriated or otherwise made 

available in this or any other Act may be used to transfer, release, 

or assist in the transfer or release to or within the United States, 

its territories, or possessions Khalid Sheikh Mohammed or any 

other detainee who— 

(1) is not a United States citizen or a member of the 

Armed Forces of the United States; and 

(2) is or was held on or after June 24, 2009, at the United 

States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 

SEC. 542. None of the funds made available in this Act may 

be used for first-class travel by the employees of agencies funded 

by this Act in contravention of sections 301–10.122 through 301.10– 

124 of title 41, Code of Federal Regulations. 

SEC. 543. None of the funds made available in this Act may 

be used to propose or effect a disciplinary or adverse action, with 

respect to any Department of Homeland Security employee who 

engages regularly with the public in the performance of his or 

Khalid Sheikh 

Mohammed. 

Detainees. 

Determination. 

New York. 

Real property. 

6 USC 190 note. 

Definitions. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 977 

her official duties solely because that employee elects to utilize 

protective equipment or measures, including but not limited to 

surgical masks, N95 respirators, gloves, or hand-sanitizers, where 

use of such equipment or measures is in accord with Department 

of Homeland Security policy, and Centers for Disease Control and 

Prevention and Office of Personnel Management guidance. 

SEC. 544. None of the funds made available in this Act may 

be used to employ workers described in section 274A(h)(3) of the 

Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)). 

SEC. 545. (a) Any company that collects or retains personal 

information directly from any individual who participates in the 

Registered Traveler program of the Transportation Security 

Administration shall safeguard and dispose of such information 

in accordance with the requirements in— 

(1) the National Institute for Standards and Technology 

Special Publication 800–30, entitled ‘‘Risk Management Guide 

for Information Technology Systems’’; 

(2) the National Institute for Standards and Technology 

Special Publication 800–53, Revision 3, entitled ‘‘Recommended 

Security Controls for Federal Information Systems and 

Organizations,’’; and 

(3) any supplemental standards established by the 

Administrator of the Transportation Security Administration 

(referred to in this section as the ‘‘Administrator’’). 

(b) The airport authority or air carrier operator that sponsors 

the company under the Registered Traveler program shall be known 

as the Sponsoring Entity. 

(c) The Administrator shall require any company covered by 

subsection (a) to provide, not later than 30 days after the date 

of enactment of this Act, to the Sponsoring Entity written certification that the procedures used by the company to safeguard and 

dispose of information are in compliance with the requirements 

under subsection (a). Such certification shall include a description 

of the procedures used by the company to comply with such requirements. 

SEC. 546. For fiscal year 2012 and thereafter, for purposes 

of section 210C of the Homeland Security Act of 2002 (6 U.S.C. 

124j), a rural area shall also include any area that is located 

in a metropolitan statistical area and a county, borough, parish, 

or area under the jurisdiction of an Indian tribe with a population 

of not more than 50,000. 

SEC. 547. Notwithstanding any other provision of this Act, 

none of the funds appropriated or otherwise made available by 

this Act may be used to pay award or incentive fees for contractor 

performance that has been judged to be below satisfactory performance or performance that does not meet the basic requirements 

of a contract. 

SEC. 548. (a) Not later than 180 days after the date of enactment of this Act, the Administrator of the Transportation Security 

Administration shall submit to the Committees on Appropriations 

of the Senate and the House of Representatives, a report that 

either— 

(1) certifies that the requirement for screening all air cargo 

on passenger aircraft by the deadline under section 44901(g) 

of title 49, United States Code, has been met; or 

(2) includes a strategy to comply with the requirements 

under title 44901(g) of title 49, United States Code, including— 

Deadline. 

Reports. 

Contracts. 

6 USC 124j note. 

Deadline. 

Certification. 

Privacy. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
125 STAT. 978 PUBLIC LAW 112–74—DEC. 23, 2011 

(A) a plan to meet the requirement under section 

44901(g) of title 49, United States Code, to screen 100 

percent of air cargo transported on passenger aircraft 

arriving in the United States in foreign air transportation 

(as that term is defined in section 40102 of that title); 

and 

(B) specification of— 

(i) the percentage of such air cargo that is being 

screened; and 

(ii) the schedule for achieving screening of 100 

percent of such air cargo. 

(b) The Administrator shall continue to submit reports 

described in subsection (a)(2) every 180 days thereafter until the 

Administrator certifies that the Transportation Security Administration has achieved screening of 100 percent of such air cargo. 

SEC. 549. In developing any process to screen aviation passengers and crews for transportation or national security purposes, 

the Secretary of Homeland Security shall ensure that all such 

processes take into consideration such passengers’ and crews’ privacy and civil liberties consistent with applicable laws, regulations, 

and guidance. 

SEC. 550. (a) None of the funds made available in this Act 

may be obligated for construction of the National Bio- and Agrodefense Facility until the Department of Homeland Security— 

(1) completes 50 percent of design planning for the National 

Bio- and Agro-defense Facility; 

(2) submits to the Committees on Appropriations of the 

Senate and the House of Representatives a revised site-specific 

biosafety and biosecurity mitigation risk assessment that 

describes how to significantly reduce risks of conducting essential research and diagnostic testing at the National Bio- and 

Agro-defense Facility and addresses shortcomings identified in 

the National Academy of Sciences’ evaluation of the initial 

site-specific biosafety and biosecurity mitigation risk assessment; and 

(3) submits to the Committees on Appropriations of the 

Senate and the House of Representatives the results of the 

National Academy of Sciences’ review of the risk assessment 

as described in subsection (c). 

(b) The revised site-specific biosafety and biosecurity mitigation 

risk assessment required by subsection (a) shall— 

(1) include a quantitative risk assessment for foot-andmouth disease virus, in particular epidemiological and economic 

impact modeling to determine the overall risk of operating 

the facility for its expected 50-year life span, taking into account 

strategies to mitigate risk of foot-and-mouth disease virus 

release from the laboratory and ensure safe operations at the 

approved National Bio- and Agro-defense Facility site; 

(2) address the impact of surveillance, response, and mitigation plans (developed in consultation with local, State, and 

Federal authorities and appropriate stakeholders) if a release 

occurs, to detect and control the spread of disease; and 

(3) include overall risks of the most dangerous pathogens 

the Department of Homeland Security expects to hold in the 

National Bio- and Agro-defense Facility’s biosafety level 4 

facility, and effectiveness of mitigation strategies to reduce 

those risks. 

Design plan. 

Assessments. 

Reports. 

Deadline. 

Certification. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 979 

(c) The Department of Homeland Security shall enter into a 

contract with the National Academy of Sciences to evaluate the 

adequacy and validity of the risk assessment required by subsection 

(a). The National Academy of Sciences shall submit a report on 

such evaluation within four months after the date the Department 

of Homeland Security concludes its risk assessment. 

SEC. 551. (a) Notwithstanding section 1356(n) of title 8, United 

States Code, of the funds deposited into the Immigration Examinations Fee Account, $10,000,000 shall be available to United States 

Citizenship and Immigration Services in fiscal year 2012 for the 

purpose of providing an immigrant integration grants program. 

(b) None of the funds made available to United States Citizenship and Immigration Services for grants for immigrant integration 

may be used to provide services to aliens who have not been 

lawfully admitted for permanent residence. 

SEC. 552. For an additional amount for necessary expenses 

for reimbursement of the actual costs to State and local governments 

for providing emergency management, public safety, and security 

at events, as determined by the Administrator of the Federal Emergency Management Agency, related to the presence of a National 

Special Security Event, $7,500,000, to remain available until September 30, 2013. 

SEC. 553. Notwithstanding the 10 percent limitation contained 

in section 503(c) of this Act, the Secretary of Homeland Security 

may transfer to the fund established by 8 U.S.C. 1101 note, up 

to $20,000,000 from appropriations available to the Department 

of Homeland Security: Provided, That the Secretary shall notify 

the Committees on Appropriations of the Senate and the House 

of Representatives 5 days in advance of such transfer. 

SEC. 554. The administrative law judge annuitants participating in the Senior Administrative Law Judge Program managed 

by the Director of the Office of Personnel Management under section 

3323 of title 5, United States Code, shall be available on a temporary re-employment basis to conduct arbitrations of disputes as 

part of the arbitration panel established by the President under 

section 601 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 164). 

SEC. 555. None of the funds appropriated or otherwise made 

available by this Act may be used by the Department of Homeland 

Security to enter into any federal contract unless such contract 

is entered into in accordance with the requirements of the Federal 

Property and Administrative Services Act of 1949 (41 U.S.C. 253) 

or Chapter 137 of title 10, United States Code, and the Federal 

Acquisition Regulation, unless such contract is otherwise authorized 

by statute to be entered into without regard to the above referenced 

statutes. 

SEC. 556. (a) For an additional amount for data center migration, $70,000,000. 

(b) Funds made available in subsection (a) for data center 

migration may be transferred by the Secretary of Homeland Security between appropriations for the same purpose, notwithstanding 

section 503 of this Act. 

(c) No transfer described in subsection (b) shall occur until 

15 days after the Committees on Appropriations of the Senate 

and the House of Representatives are notified of such transfer. 

SEC. 557. For fiscal year 2012 and thereafter, U.S. Customs 

and Border Protection’s Advanced Training Center is authorized 

6 USC 464. 

Deadline. 

Notification. 

Contracts. 

Arbitrations. 

Notification. 

Deadline. 

Grants. 

Reports. 

Deadline. 

Contracts. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
125 STAT. 980 PUBLIC LAW 112–74—DEC. 23, 2011 

to charge fees for any service and/or thing of value it provides 

to Federal Government or non-government entities or individuals, 

so long as the fees charged do not exceed the full costs associated 

with the service or thing of value provided: Provided, That notwithstanding 31 U.S.C. 3302(b), fees collected by the Advanced Training 

Center are to be deposited into a separate account entitled 

‘‘Advanced Training Center Revolving Fund’’, and be available, without further appropriations, for necessary expenses of the Advanced 

Training Center program, and are to remain available until 

expended. 

SEC. 558. Section 559(e) of Public Law 111–83 is amended— 

(a) in the matter preceding the first proviso, by striking 

‘‘law, sell’’ and inserting ‘‘law, hereafter sell’’; and 

(b) in the first proviso— 

(1) by striking ‘‘shall be deposited’’ and inserting ‘‘shall 

hereafter be deposited’’; and 

(2) by striking ‘‘subject to appropriation,’’ and inserting 

‘‘without further appropriations,’’. 

SEC. 559. Notwithstanding any other provision of law, should 

the Secretary of Homeland Security determine that specific U.S. 

Immigration and Customs Enforcement Service Processing Centers 

or other U.S. Immigration and Customs Enforcement owned detention facilities no longer meet the mission need, the Secretary is 

authorized to dispose of individual Service Processing Centers or 

other U.S. Immigration and Customs Enforcement owned detention 

facilities by directing the Administrator of General Services to 

sell all real and related personal property which support Service 

Processing Centers or other U.S. Immigration and Customs Enforcement owned detention facilities, subject to such terms and conditions as necessary to protect Government interests and meet program requirements: Provided, That the proceeds, net of the costs 

of sale incurred by the General Services Administration and U.S. 

Immigration and Customs Enforcement, shall be deposited as offsetting collections into a separate account that shall be available, 

subject to appropriation, until expended for other real property 

capital asset needs of existing U.S. Immigration and Customs 

Enforcement assets, excluding daily operations and maintenance 

costs, as the Secretary deems appropriate: Provided further, That 

any sale or collocation of federally owned detention facilities shall 

not result in the maintenance of fewer than 34,000 detention beds: 

Provided further, That the Committees on Appropriations of the 

Senate and the House of Representatives shall be notified 15 days 

prior to the announcement of any proposed sale or collocation. 

SEC. 560. For an additional amount for the ‘‘Office of the 

Under Secretary for Management’’, $55,979,000, to remain available 

until expended, for necessary expenses to plan, acquire, construct, 

renovate, remediate, equip, furnish, and occupy buildings and facilities for the consolidation of department headquarters at St. Elizabeths and associated mission support consolidation: Provided, That 

the Committees on Appropriations of the Senate and the House 

of Representatives shall receive an expenditure plan not later than 

90 days after the date of enactment of this Act detailing the allocation of these funds. 

SEC. 561. None of the funds made available by this Act may 

be used to enforce the requirements in— 

(1) section 34(a)(1)(A) of the Federal Fire Prevention and 

Control Act of 1974 (15 U.S.C. 2229(a)(1)(A)); 

Expenditure 

plan. 

Deadline. 

Notification. 

Deadline. 

Detention 

facilities. 

Real property. 

123 Stat. 2180. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 981 

(2) section 34(a)(1)(B) of such Act; 

(3) section 34(c)(1) of such Act; 

(4) section 34(c)(2) of such Act; 

(5) section 34(c)(4)(A) of such Act; and 

(6) section 34(a)(1)(E) of such Act. 

SEC. 562. Notwithstanding the requirement under section 

34(a)(1)(A) of the Federal Fire Prevention and Control Act of 1974 

(15 U.S.C. 2229a(a)(1)(A)) that grants must be used to increase 

the number of firefighters in fire departments, the Secretary of 

Homeland Security, in making grants under section 34 of such 

Act using the funds appropriated for fiscal year 2011, shall grant 

waivers from the requirements of subsections (a)(1)(B), (c)(1), (c)(2), 

and (c)(4)(A) of such section: Provided, That section 34(a)(1)(E) 

of such Act shall not apply with respect to funds appropriated 

for fiscal year 2011 for grants under section 34 of such Act: Provided 

further, That the Secretary of Homeland Security, in making grants 

under section 34 of such Act, shall ensure that funds appropriated 

for fiscal year 2011 are made available for the hiring, rehiring, 

or retention of firefighters. 

SEC. 563. For fiscal year 2012 and thereafter, notwithstanding 

section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 

2712(a)(5)) and 31 U.S.C. 3302, in the event that a spill of national 

significance occurs, any payment of amounts from the Oil Spill 

Liability Trust Fund pursuant to section 1012(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(1)) for the removal costs incurred 

by the Coast Guard for such spill, shall be credited directly to 

the accounts of the Coast Guard current at the time such removal 

costs were incurred or when reimbursement is received: Provided, 

That such amounts shall be merged with and, without further 

appropriations, made available for the same time period and the 

same purpose as the appropriation to which it is credited. 

SEC. 564. (a) CIVIL PENALTIES FOR CIRCUMVENTING SECURITY

SCREENING.—Section 46301(a)(5)(A)(i) of title 49, United States 

Code, is amended— 

(1) by striking ‘‘or chapter 449’’ and inserting ‘‘chapter 

449’’; and 

(2) by inserting ‘‘, or section 46314(a)’’ after ‘‘44909)’’. 

(b) CRIMINAL PENALTIES FOR CIRCUMVENTING SECURITY

SCREENING.—Section 46314(b)(2) of title 49, United States Code, 

is amended by inserting ‘‘with intent to evade security procedures 

or restrictions or’’ after ‘‘of this section’’. 

(c) NOTICE OF PENALTIES.—Section 46314 of title 49, United 

States Code, is amended by adding at the end the following new 

subsection: 

‘‘(c) NOTICE OF PENALTIES.— 

‘‘(1) IN GENERAL.—Each operator of an airport in the United 

States that is required to establish an air transportation security program pursuant to section 44903(c) shall ensure that 

signs that meet such requirements as the Secretary of Homeland Security may prescribe providing notice of the penalties 

imposed under section 46301(a)(5)(A)(i) and subsection (b) of 

this section are displayed near all screening locations, all locations where passengers exit the sterile area, and such other 

locations at the airport as the Secretary of Homeland Security 

determines appropriate. 

‘‘(2) EFFECT OF SIGNS ON PENALTIES.—An individual shall 

be subject to a penalty imposed under section 46301(a)(5)(A)(i) 

33 USC 2712 

note. 

Firefighters. 

Waivers. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
125 STAT. 982 PUBLIC LAW 112–74—DEC. 23, 2011 

or subsection (b) of this section without regard to whether 

signs are displayed at an airport as required by paragraph 

(1).’’. 

SEC. 565. (a) SHORT TITLE.—This section may be cited as the 

‘‘Disaster Assistance Recoupment Fairness Act of 2011’’. 

(b) DEBTS SINCE 2005.— 

(1) DEFINITION.—In this section, the term ‘‘covered assistance’’ means assistance provided— 

(A) under section 408 of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5174); 

and 

(B) in relation to a major disaster declared by the 

President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) 

during the period beginning on August 28, 2005, and ending 

on December 31, 2010. 

(2) WAIVER AUTHORITY.—The Administrator of the Federal 

Emergency Management Agency— 

(A) subject to subparagraph (B) and paragraph (3), 

may waive a debt owed to the United States related to 

covered assistance provided to an individual or household 

if— 

(i) the covered assistance was distributed based 

on an error by the Federal Emergency Management 

Agency; 

(ii) there was no fault on behalf of the debtor; 

and 

(iii) the collection of the debt would be against 

equity and good conscience; and 

(B) may not waive a debt under subparagraph (A) 

if the debt involves fraud, the presentation of a false claim, 

or misrepresentation by the debtor or any party having 

an interest in the claim. 

(3) PRESUMPTION OF REPAYMENT.—In determining whether 

to waive a debt under paragraph (2), the Administrator of 

the Federal Emergency Management Agency shall presume 

that, if the adjusted gross income (as defined under section 

62 of the Internal Revenue Code of 1986) of the household 

of the debtor for the last taxable year ending in or with the 

calendar year preceding the date on which the income is determined exceeds $90,000, the debtor should be required to make 

at least a partial payment on the debt. 

(4) REPORTING.—Not later than 3 months after the date 

of enactment of this Act, and every 3 months thereafter until 

the date that is 18 months after the date of enactment of 

this Act, the Inspector General of the Department of Homeland 

Security shall submit a report that assesses the cost-effectiveness of the efforts of the Federal Emergency Management 

Agency to recoup improper payments under the Individuals 

and Household Program under section 408 of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5174) to— 

(A) the Committee on Homeland Security and Governmental Affairs and the Subcommittee on Homeland Security of the Committee on Appropriations of the Senate; 

and 

Disaster 

Assistance 

Recoupment 

Fairness Act 

of 2011. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 983 

(B) the Committee on Homeland Security, the Committee on Transportation and Infrastructure, and the Subcommittee on Homeland Security of the Committee on 

Appropriations of the House of Representatives. 

SEC. 566. (a) Notwithstanding section 312 of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act and subject 

to subsection (b), recipients of Small Business Administration Disaster loans for disaster-related damage to their homes may be 

eligible for reimbursement at the discretion of the state, under 

Section 404 of that Act, for documented and eligible mitigation 

work performed on their home. 

(b) LIMITATIONS.— 

(1) Any reimbursement provided to or on behalf of a homeowner pursuant to subsection (a) shall not exceed the amount 

of the disaster loan that may be used and was used for disaster 

mitigation activities; and 

(2) Subsection (a) shall only apply if the disaster loan 

and assistance provided under section 404 were made available 

in response to the same disaster declaration. 

(3) Shall be applicable only to disasters declared by the 

President under section 401 of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5170) during 

the period beginning on August 28, 2005 and ending on August 

28, 2006. 

(c) If a state chooses to use funds under section 404 to reimburse 

homeowners as provided in subsection (a), it shall make payments 

in the following order: 

(1) First, to the Small Business Administration on behalf 

of the eligible homeowner for the purpose of reducing, but 

not below zero, the homeowner’s outstanding debt obligation 

to the Small Business Administration for the disaster loan; 

and 

(2) Second, any remaining reimbursement shall be paid 

directly to the homeowner. 

SEC. 567. None of the funds made available under this Act 

or any prior appropriations Act may be provided to the Association 

of Community Organizations for Reform Now (ACORN), or any 

of its affiliates, subsidiaries, or allied organizations. 

SEC. 568. The Commissioner of U.S. Customs and Border 

Protection and the Assistant Secretary of Homeland Security for 

U.S. Immigration and Customs Enforcement each shall submit to 

the Committees on Appropriations of the Senate and the House 

of Representatives with the congressional budget justification, a 

multi-year investment and management plan, to include each year 

starting with the current fiscal year and the 3 subsequent fiscal 

years, for their respective Offices of Information Technology to 

include for that office— 

(1) the funding level by source for all funds to be executed; 

(2) the funding included for each project and activity tied 

to mission requirements, program management capabilities, 

performance levels, and specific capabilities and services to 

be delivered; 

(3) the total estimated cost and projected timeline of 

completion for all multi-year enhancements, modernizations, 

and new capabilities proposed in the current fiscal year or 

underway; and 

Plans. 

Deadlines. 

ACORN. 

Applicability. 


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125 STAT. 984 PUBLIC LAW 112–74—DEC. 23, 2011 

(4) a detailed accounting of operation and maintenance 

costs. 

SEC. 569. The Secretary of Homeland Security shall ensure 

enforcement of immigration laws (as defined in section 101(a)(17) 

of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))). 

(RESCISSIONS)

SEC. 570. Of the funds transferred to the Department of Homeland Security when it was created in 2003, the following funds 

are hereby rescinded from the following accounts and programs 

in the specified amounts: (1) $2,577,000 from Coast Guard ‘‘Acquisition, Construction, and Improvements’’; (2) $5,355,296 from U.S. Immigration and Customs 

Enforcement ‘‘Salaries and Expenses’’; (3) $99,012 from U.S. Immigration and Customs Enforcement ‘‘Violent Crime Reduction Programs’’; (4) $3,332,541 from U.S. Customs and Border Protection 

‘‘Salaries and Expenses’’; (5) $3,121,248 from Department of Homeland Security 

‘‘Office for Domestic Preparedness’’; (6) $678,213 from Federal Emergency Management Agency 

‘‘National Predisaster Mitigation Fund’’; (7) $5,201,000 from ‘‘Working Capital Fund’’; 

(8) $95,998 from ‘‘Counterterrorism Fund’’; 

(9) $41,091 from U.S. Customs and Border Protection ‘‘Violent Crime Reduction Fund’’; and 

(10) $153,095 from U.S. Immigration and Customs Enforcement ‘‘Violent Crime Reduction Trust Fund’’. 

(RESCISSIONS)

SEC. 571. The following unobligated balances made available 

to the Department of Homeland Security pursuant to section 505 

of Department of Homeland Security Appropriations Act, 2011 

(Public Law 112–10; 125 Stat. 147) are rescinded: 

(1) $178,783 from ‘‘Analysis and Operations’’; 

(2) $1,619,907 from U.S. Customs and Border Protection 

‘‘Salaries and Expenses’’; 

(3) $296,022 from Transportation Security Administration 

‘‘Federal Air Marshals’’; 

(4) $37,800,412 from Coast Guard ‘‘Operating Expenses’’; 

(5) $879,153 from Coast Guard ‘‘Acquisition, Construction, 

and Improvements’’; 

(6) $1,104,347 from United States Secret Service ‘‘Salaries 

and Expenses’’; 

(7) $97,046 from National Protection and Programs Directorate ‘‘Management and Administration’’; 

(8) $78,764 from National Protection and Programs Directorate ‘‘Infrastructure Protection and Information Security’’; 

(9) $117,133 from Office of Health Affairs ‘‘Salaries and 

Expenses’’; 

(10) $1,301,581 from ‘‘United States Citizenship and 

Immigration Services’’; 

(11) $369,032 from Federal Law Enforcement Training 

Center ‘‘Salaries and Expenses’’; 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 985 

(12) $279,098 from Science and Technology ‘‘Management 

and Administration’’; (13) $1,072,938 from Domestic Nuclear Detection Office 

‘‘Management and Administration’’; and (14) $216,744 from Federal Emergency Management 

Agency ‘‘Management and Administration’’. 

(RESCISSIONS)

SEC. 572. Of the funds appropriated to the Department of 

Homeland Security, the following unobligated balances are hereby 

rescinded from the following accounts and programs in the specified 

amounts: 

(1) $10,000,000 from U.S. Immigration and Customs 

Enforcement ‘‘Salaries and Expenses’’; (2) $10,000,000 from U.S. Immigration and Customs 

Enforcement ‘‘Automation Modernization’’; 

(3) $5,000,000 from U.S. Customs and Border Protection 

‘‘Automation Modernization’’: Provided, That no funds shall 

be rescinded from prior year appropriations provided for the 

TECS modernization program; 

(4) $71,300,000 from Transportation Security Administration ‘‘Aviation Security’’ account 70x0550; 

(5) $7,000,000 from U.S. Customs and Border Protection 

‘‘Border Security Fencing, Infrastructure, and Technology’’; 

(6) $2,427,336 from Coast Guard ‘‘Acquisition, Construction, and Improvements’’; 

(7) $5,000,000 from the ‘‘Office of the Chief Information 

Officer’’ related to Emerge2; and 

(8) $27,400,000 from National Protection and Programs 

Directorate ‘‘United States Visitor and Immigrant Indicator 

Technology’’. 

SEC. 573. Sections 1309(a) and 1319 of the National Flood 

Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) are each 

amended by striking ‘‘September 30, 2011’’ and inserting ‘‘the earlier 

of the date of the enactment into law of an Act that specifically 

amends the date specified in this section or May 31, 2012’’. 

This division may be cited as the ‘‘Department of Homeland 

Security Appropriations Act, 2012’’. 

DIVISION E—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012 

TITLE I 

DEPARTMENT OF THE INTERIOR 

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 

Department of 

the Interior, 

Environment, 

and Related 

Agencies 

Appropriations 

Act, 2012. 


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125 STAT. 986 PUBLIC LAW 112–74—DEC. 23, 2011 

general administration of the Bureau, and assessment of mineral 

potential of public lands pursuant to Public Law 96–487 (16 U.S.C. 

3150(a)), $961,900,000, to remain available until expended; of which 

$3,000,000 shall be available in fiscal year 2012 subject to a match 

by at least an equal amount by the National Fish and Wildlife 

Foundation for cost-shared projects supporting conservation of 

Bureau lands; and such funds shall be advanced to the Foundation 

as a lump-sum grant without regard to when expenses are incurred. 

In addition, $32,500,000 is for the processing of applications 

for permit to drill and related use authorizations, to remain available until expended, to be reduced by amounts collected by the 

Bureau and credited to this appropriation that shall be derived 

from $6,500 per new application for permit to drill that the Bureau 

shall collect upon submission of each new application, and in addition, $39,696,000 is for Mining Law Administration program operations, including the cost of administering the mining claim fee 

program; to remain available until expended, to be reduced by 

amounts collected by the Bureau and credited to this appropriation 

from mining claim maintenance fees and location fees that are 

hereby authorized for fiscal year 2012 so as to result in a final 

appropriation estimated at not more than $961,900,000, and 

$2,000,000, to remain available until expended, from communication 

site rental fees established by the Bureau for the cost of administering communication site activities. 

CONSTRUCTION

For construction of buildings, recreation facilities, roads, trails, 

and appurtenant facilities, $3,576,000, to remain available until 

expended. 

LAND ACQUISITION

For expenses necessary to carry out sections 205, 206, and 

318(d) of Public Law 94–579, including administrative expenses 

and acquisition of lands or waters, or interests therein, $22,380,000, 

to be derived from the Land and Water Conservation Fund and 

to remain available until expended. 

OREGON AND CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and 

development of resources and for construction, operation, and 

maintenance of access roads, reforestation, and other improvements 

on the revested Oregon and California Railroad grant lands, on 

other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of 

lands or interests therein, including existing connecting roads on 

or adjacent to such grant lands; $112,043,000, to remain available 

until expended: Provided, That 25 percent of the aggregate of all 

receipts during the current fiscal year from the revested Oregon 

and California Railroad grant lands is hereby made a charge against 

the Oregon and California land-grant fund and shall be transferred 

to the General Fund in the Treasury in accordance with the second 

paragraph of subsection (b) of title II of the Act of August 28, 

1937 (50 Stat. 876). 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 987 

RANGE IMPROVEMENTS

For rehabilitation, protection, and acquisition of lands and 

interests therein, and improvement of Federal rangelands pursuant 

to section 401 of the Federal Land Policy and Management Act 

of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums 

equal to 50 percent of all moneys received during the prior fiscal 

year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 

315 et seq.) and the amount designated for range improvements 

from grazing fees and mineral leasing receipts from BankheadJones lands transferred to the Department of the Interior pursuant 

to law, but not less than $10,000,000, to remain available until 

expended: Provided, That not to exceed $600,000 shall be available 

for administrative expenses. 

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

For administrative expenses and other costs related to processing application documents and other authorizations for use and 

disposal of public lands and resources, for costs of providing copies 

of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use 

authorizations, and for rehabilitation of damaged property, such 

amounts as may be collected under Public Law 94–579, as amended, 

and Public Law 93–153, to remain available until expended: Provided, That, notwithstanding any provision to the contrary of section 

305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that 

have been or will be received pursuant to that section, whether 

as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C. 

1735(c)), shall be available and may be expended under the 

authority of this Act by the Secretary to improve, protect, or 

rehabilitate any public lands administered through the Bureau 

of Land Management which have been damaged by the action 

of a resource developer, purchaser, permittee, or any unauthorized 

person, without regard to whether all moneys collected from each 

such action are used on the exact lands damaged which led to 

the action: Provided further, That any such moneys that are in 

excess of amounts needed to repair damage to the exact land 

for which funds were collected may be used to repair other damaged 

public lands. 

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 

43 USC 1735 

note. 


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125 STAT. 988 PUBLIC LAW 112–74—DEC. 23, 2011 

Bureau shall be available for purchase, erection, and dismantlement 

of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United 

States has title; up to $100,000 for payments, at the discretion 

of the Secretary, for information or evidence concerning violations 

of laws administered by the Bureau; miscellaneous and emergency 

expenses of enforcement activities authorized or approved by the 

Secretary and to be accounted for solely on the Secretary’s certificate, not to exceed $10,000: Provided, That notwithstanding Public 

Law 90–620 (44 U.S.C. 501), the Bureau may, under cooperative 

cost-sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly 

produced publications for which the cooperators share the cost 

of printing either in cash or in services, and the Bureau determines 

the cooperator is capable of meeting accepted quality standards: 

Provided further, That projects to be funded pursuant to a written 

commitment by a State government to provide an identified amount 

of money in support of the project may be carried out by the 

Bureau on a reimbursable basis. Appropriations herein made shall 

not be available for the destruction of healthy, unadopted, wild 

horses and burros in the care of the Bureau or its contractors 

or for the sale of wild horses and burros that results in their 

destruction for processing into commercial products. 

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 certifi16 USC 754e. cate: Provided further, That in fiscal year 2012 and hereafter, 

16 USC 742l–1. 

Wild horses. 

Burros. 


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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 


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Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great 

Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the 

Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), 

$9,481,000, to remain available until expended. 

STATE AND TRIBAL WILDLIFE GRANTS

For wildlife conservation grants to States and to the District 

of Columbia, Puerto Rico, Guam, the United States Virgin Islands, 

the Northern Mariana Islands, American Samoa, and Indian tribes 

under the provisions of the Fish and Wildlife Act of 1956 and 

the Fish and Wildlife Coordination Act, for the development and 

implementation of programs for the benefit of wildlife and their 

habitat, including species that are not hunted or fished, 

$61,421,000, to remain available until expended: Provided, That 

of the amount provided herein, $4,275,000 is for a competitive 

grant program for Indian tribes not subject to the remaining provisions of this appropriation: Provided further, That $5,741,000 is 

for a competitive grant program for States, territories, and other 

jurisdictions with approved plans, not subject to the remaining 

provisions of this appropriation: Provided further, That the Secretary shall, after deducting $10,016,000 and administrative 

expenses, apportion the amount provided herein in the following 

manner: (1) to the District of Columbia and to the Commonwealth 

of Puerto Rico, each a sum equal to not more than one-half of 

1 percent thereof; and (2) to Guam, American Samoa, the United 

States Virgin Islands, and the Commonwealth of the Northern 

Mariana Islands, each a sum equal to not more than one-fourth 

of 1 percent thereof: Provided further, That the Secretary shall 

apportion the remaining amount in the following manner: (1) onethird of which is based on the ratio to which the land area of 

such State bears to the total land area of all such States; and 

(2) two-thirds of which is based on the ratio to which the population 

of such State bears to the total population of all such States: 

Provided further, That the amounts apportioned under this paragraph shall be adjusted equitably so that no State shall be apportioned a sum which is less than 1 percent of the amount available 

for apportionment under this paragraph for any fiscal year or 

more than 5 percent of such amount: Provided further, That the 

Federal share of planning grants shall not exceed 75 percent of 

the total costs of such projects and the Federal share of implementation grants shall not exceed 65 percent of the total costs of such 

projects: Provided further, That the non-Federal share of such 

projects may not be derived from Federal grant programs: Provided 

further, That any amount apportioned in 2012 to any State, territory, or other jurisdiction that remains unobligated as of September 

30, 2013, shall be reapportioned, together with funds appropriated 

in 2014, in the manner provided herein. 

ADMINISTRATIVE PROVISIONS

The United States Fish and Wildlife Service may carry out 

the operations of Service programs by direct expenditure, contracts, 

grants, cooperative agreements and reimbursable agreements with 

public and private entities. Appropriations and funds available to 

the United States Fish and Wildlife Service shall be available 

for repair of damage to public roads within and adjacent to reservation areas caused by operations of the Service; options for the 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 991 

purchase of land at not to exceed $1 for each option; facilities 

incident to such public recreational uses on conservation areas 

as are consistent with their primary purpose; and the maintenance 

and improvement of aquaria, buildings, and other facilities under 

the jurisdiction of the Service and to which the United States 

has title, and which are used pursuant to law in connection with 

management, and investigation of fish and wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the Service may, under 

cooperative cost sharing and partnership arrangements authorized 

by law, procure printing services from cooperators in connection 

with jointly produced publications for which the cooperators share 

at least one-half the cost of printing either in cash or services 

and the Service determines the cooperator is capable of meeting 

accepted quality standards: Provided further, That the Service may 

accept donated aircraft as replacements for existing aircraft. 

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

For expenses necessary for the management, operation, and 

maintenance of areas and facilities administered by the National 

Park Service and for the general administration of the National 

Park Service, $2,240,152,000, of which $9,832,000 for planning and 

interagency coordination in support of Everglades restoration and 

$97,883,000 for maintenance, repair, or rehabilitation projects for 

constructed assets, operation of the National Park Service automated facility management software system, and comprehensive 

facility condition assessments shall remain available until September 30, 2013. 

NATIONAL RECREATION AND PRESERVATION

For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs, 

environmental compliance and review, international park affairs, 

and grant administration, not otherwise provided for, $59,975,000: 

Provided, That section 502(c) of the Chesapeake Bay Initiative 

Act of 1998 (16 U.S.C. 461 note; Public Law 105–312) is amended 

by striking ‘‘2011’’ and inserting ‘‘2013’’. 

HISTORIC PRESERVATION FUND

For expenses necessary in carrying out the National Historic 

Preservation Act (16 U.S.C. 470), and the Omnibus Parks and 

Public Lands Management Act of 1996 (Public Law 104–333), 

$56,000,000, to be derived from the Historic Preservation Fund 

and to remain available until September 30, 2013. 

CONSTRUCTION

(INCLUDING RESCISSION OF FUNDS)

For construction, improvements, repair, or replacement of physical facilities, including modifications authorized by section 104 

of the Everglades National Park Protection and Expansion Act 

of 1989 (16 U.S.C. 410r–8), $159,621,000, to remain available until 

expended: Provided, That notwithstanding any other provision of 


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125 STAT. 992 PUBLIC LAW 112–74—DEC. 23, 2011 

law, a single procurement for the project to repair damage to 

the Washington Monument may be issued that includes the full 

scope of the project, so long as the solicitation and contract shall 

contain the clause ‘‘availability of appropriated funds’’ found in 

CFR section 52.232.18 of title 48. 

From funds previously made available under this heading, 

$4,000,000 are rescinded. 

LAND AND WATER CONSERVATION FUND

(RESCISSION)

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. 

16 USC 460l–10a 

note. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 993 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For expenses necessary for the United States Geological Survey 

to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water 

resources of the United States, its territories and possessions, and 

other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify 

lands as to their mineral and water resources; give engineering 

supervision to power permittees and Federal Energy Regulatory 

Commission licensees; administer the minerals exploration program 

(30 U.S.C. 641); conduct inquiries into the economic conditions 

affecting mining and materials processing industries (30 U.S.C. 

3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as authorized by law; and to publish and disseminate data relative to the 

foregoing activities; $1,069,744,000, to remain available until September 30, 2013; of which $51,569,700 shall remain available until 

expended for satellite operations; and of which $7,292,000 shall 

be available until expended for deferred maintenance and capital 

improvement projects that exceed $100,000 in cost: Provided, That 

none of the funds provided for the ecosystem research activity 

shall be used to conduct new surveys on private property, unless 

specifically authorized in writing by the property owner: Provided 

further, That no part of this appropriation shall be used to pay 

more than one-half the cost of topographic mapping or water 

resources data collection and investigations carried on in cooperation with States and municipalities. 

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. 

43 USC 50. 


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BUREAU OF OCEAN ENERGY MANAGEMENT

OCEAN ENERGY MANAGEMENT

For expenses necessary for granting leases, easements, rightsof-way and agreements for use for oil and gas, other minerals, 

energy, and marine-related purposes on the Outer Continental Shelf 

and approving operations related thereto, as authorized by law; 

for environmental studies, as authorized by law; for implementing 

other laws to the extent provided by Presidential or Secretarial 

delegation; and for matching grants or cooperative agreements, 

$59,792,000, to remain available until September 30, 2013; and 

an amount not to exceed $101,082,000, to be credited to this appropriation and to remain available until expended, from additions 

to receipts resulting from increases to rates in effect on August 

5, 1993, that are collected and disbursed by the Secretary, and 

from cost recovery fees from activities conducted by the Bureau 

of Ocean Energy Management pursuant to the Outer Continental 

Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided, That notwithstanding 31 U.S.C. 3302, in fiscal year 2012, such amounts as 

are assessed under 31 U.S.C. 9701 shall be collected and credited 

to this account and shall be available until expended for necessary 

expenses: Provided further, That to the extent $101,082,000 in 

addition to receipts are not realized from the sources of receipts 

stated above, the amount needed to reach $101,082,000 shall be 

credited to this appropriation from receipts resulting from rental 

rates for Outer Continental Shelf leases in effect before August 

5, 1993: Provided further, That for fiscal year 2012 and each fiscal 

year thereafter, the term ‘‘qualified Outer Continental Shelf revenues’’, as defined in section 102(9)(A) of the Gulf of Mexico Energy 

Security Act, division C of Public Law 109–432, shall include only 

the portion or rental revenues that would have been collected by 

the Secretary at the rental rates in effect before August 5, 1993: 

Provided further, That not to exceed $3,000 shall be available 

for reasonable expenses related to promoting volunteer beach and 

marine cleanup activities. 

BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT

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. 

43 USC 1331 

note. 


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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 

30 USC 1211 

note. 

43 USC 1331 

note. 


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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 

30 USC 1257 

note. 


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affected by the disaster; of which, notwithstanding any other provision of law, including but not limited to the Indian Self-Determination Act of 1975, as amended, not to exceed $219,560,000 shall 

be available for payments for contract support costs associated 

with ongoing contracts, grants, compacts, or annual funding agreements entered into with the Bureau prior to or during fiscal year 

2012, as authorized by such Act, except that tribes and tribal 

organizations may use their tribal priority allocations for unmet 

contract support costs of ongoing contracts, grants, or compacts, 

or annual funding agreements and for unmet welfare assistance 

costs; of which not to exceed $590,484,000 for school operations 

costs of Bureau-funded schools and other education programs shall 

become available on July 1, 2012, and shall remain available until 

September 30, 2013; and of which not to exceed $48,049,000 shall 

remain available until expended for housing improvement, road 

maintenance, attorney fees, litigation support, the Indian SelfDetermination Fund, land records improvement, and the NavajoHopi Settlement Program: Provided further, That notwithstanding 

any other provision of law, including but not limited to the Indian 

Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, 

not to exceed $46,327,000 within and only from such amounts 

made available for school operations shall be available for administrative cost grants associated with ongoing grants entered into 

with the Bureau prior to or during fiscal year 2011 for the operation 

of Bureau-funded schools, and up to $500,000 within and only 

from such amounts made available for administrative cost grants 

shall be available for the transitional costs of initial administrative 

cost grants to grantees that assume operation on or after July 

1, 2011, of Bureau-funded schools: Provided further, That any forestry funds allocated to a tribe which remain unobligated as of 

September 30, 2013, may be transferred during fiscal year 2014 

to an Indian forest land assistance account established for the 

benefit of the holder of the funds within the holder’s trust fund 

account: Provided further, That any such unobligated balances not 

so transferred shall expire on September 30, 2014: Provided further, 

That in order to enhance the safety of Bureau field employees, 

the Bureau may use funds to purchase uniforms or other identifying 

articles of clothing for personnel. 

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 

Expiration date. 


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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. 

Grants. 

Negotiation. 


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Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs 

may contract for services in support of the management, operation, 

and maintenance of the Power Division of the San Carlos Irrigation 

Project. 

Appropriations for the Bureau of Indian Affairs (except the 

Revolving Fund for Loans Liquidating Account, Indian Loan Guaranty and Insurance Fund Liquidating Account, Indian Guaranteed 

Loan Financing Account, Indian Direct Loan Financing Account, 

and the Indian Guaranteed Loan Program account) shall be available for expenses of exhibits. 

Notwithstanding any other provision of law, no funds available 

to the Bureau of Indian Affairs for central office oversight and 

Executive Direction and Administrative Services (except executive 

direction and administrative services funding for Tribal Priority 

Allocations, regional offices, and facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs under the provisions of the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public Law 103–413). 

In the event any tribe returns appropriations made available 

by this Act to the Bureau of Indian Affairs, this action shall not 

diminish the Federal Government’s trust responsibility to that tribe, 

or the government-to-government relationship between the United 

States and that tribe, or that tribe’s ability to access future appropriations. 

Notwithstanding any other provision of law, no funds available 

to the Bureau, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq., shall be available 

to support the operation of any elementary or secondary school 

in the State of Alaska. 

Appropriations made available in this or any other Act for 

schools funded by the Bureau shall be available only to the schools 

in the Bureau school system as of September 1, 1996. No funds 

available to the Bureau shall be used to support expanded grades 

for any school or dormitory beyond the grade structure in place 

or approved by the Secretary of the Interior at each school in 

the Bureau school system as of October 1, 1995, except that any 

school or school program that was closed and removed from the 

Bureau school system between 1951 and 1972, and its respective 

tribe’s relationship with the Federal Government was terminated, 

shall be reinstated to the Bureau system and supported at a level 

based on its grade structure and average student enrollment for 

the 2009–2010, 2010–2011 and 2011–2012 school years. Funds made 

available under this Act may not be used to establish a charter 

school at a Bureau-funded school (as that term is defined in section 

1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), 

except that a charter school that is in existence on the date of 

the enactment of this Act and that has operated at a Bureaufunded school before September 1, 1999, may continue to operate 

during that period, but only if the charter school pays to the 

Bureau a pro rata share of funds to reimburse the Bureau for 

the use of the real and personal property (including buses and 

vans), the funds of the charter school are kept separate and apart 

from Bureau funds, and the Bureau does not assume any obligation 

for charter school programs of the State in which the school is 

located if the charter school loses such funding. Employees of 

Bureau-funded schools sharing a campus with a charter school 

Charter schools. 

Alaska. 


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125 STAT. 1000 PUBLIC LAW 112–74—DEC. 23, 2011 

and performing functions related to the charter school’s operation 

and employees of a charter school shall not be treated as Federal 

employees for purposes of chapter 171 of title 28, United States 

Code. 

Notwithstanding any other provision of law, including section 

113 of title I of appendix C of Public Law 106–113, if in fiscal 

year 2003 or 2004 a grantee received indirect and administrative 

costs pursuant to a distribution formula based on section 5(f) of 

Public Law 101–301, the Secretary shall continue to distribute 

indirect and administrative cost funds to such grantee using the 

section 5(f) distribution formula. 

DEPARTMENTAL OFFICES

OFFICE OF THE SECRETARY

DEPARTMENTAL OPERATIONS

For necessary expenses for management of the Department 

of the Interior, including the collection and disbursement of royalties, fees, and other mineral revenue proceeds, as authorized by 

law, $262,317,000, to remain available until September 30, 2013; 

of which not to exceed $15,000 may be for official reception and 

representation expenses; and of which up to $1,000,000 shall be 

available for workers compensation payments and unemployment 

compensation payments associated with the orderly closure of the 

United States Bureau of Mines; and of which $12,712,000 for the 

Office of Valuation Services is to be derived from the Land and 

Water Conservation Fund and shall remain available until 

expended; and of which $38,300,000 shall remain available until 

expended for the purpose of mineral revenue management activities: 

Provided, That, for fiscal year 2012, up to $400,000 of the payments 

authorized by the Act of October 20, 1976, as amended (31 U.S.C. 

6901–6907) may be retained for administrative expenses of the 

Payments in Lieu of Taxes Program: Provided further, That no 

payment shall be made pursuant to that Act to otherwise eligible 

units of local government if the computed amount of the payment 

is less than $100: Provided further, That notwithstanding any other 

provision of law, $15,000 under this heading shall be available 

for refunds of overpayments in connection with certain Indian leases 

in which the Secretary concurred with the claimed refund due, 

to pay amounts owed to Indian allottees or tribes, or to correct 

prior unrecoverable erroneous payments: Provided further, That, 

notwithstanding the provisions of section 35(b) of the Mineral 

Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall 

deduct 2 percent from the amount payable to each State in fiscal 

year 2012 and deposit the amount deducted to miscellaneous 

receipts of the Treasury. 

INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

For expenses necessary for assistance to territories under the 

jurisdiction of the Department of the Interior and other jurisdictions 

identified in section 104(e) of Public Law 108–188, $87,997,000, 

of which: (1) $78,517,000 shall remain available until expended 

for territorial assistance, including general technical assistance, 


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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 

48 USC 1469b. 


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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 

Deadline. 

Account 

statement. 

Records. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1003 

holder: Provided further, That not to exceed $50,000 is available 

for the Secretary to make payments to correct administrative errors 

of either disbursements from or deposits to Individual Indian Money 

or Tribal accounts after September 30, 2002: Provided further, 

That erroneous payments that are recovered shall be credited to 

and remain available in this account for this purpose. 

DEPARTMENT-WIDE PROGRAMS

WILDLAND FIRE MANAGEMENT

(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 

Guidance. 


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125 STAT. 1004 PUBLIC LAW 112–74—DEC. 23, 2011 

by section 7 of such Act, in connection with wildland fire management activities: Provided further, That the Secretary of the Interior 

may use wildland fire appropriations to enter into noncompetitive 

sole-source leases of real property with local governments, at or 

below fair market value, to construct capitalized improvements 

for fire facilities on such leased properties, including but not limited 

to fire guard stations, retardant stations, and other initial attack 

and fire support facilities, and to make advance payments for any 

such lease or for construction activity associated with the lease: 

Provided further, That the Secretary of the Interior and the Secretary of Agriculture may authorize the transfer of funds appropriated for wildland fire management, in an aggregate amount 

not to exceed $50,000,000, between the Departments when such 

transfers would facilitate and expedite wildland fire management 

programs and projects: Provided further, That funds provided for 

wildfire suppression shall be available for support of Federal emergency response actions: Provided further, That funds appropriated 

under this heading shall be available for assistance to or through 

the Department of State in connection with forest and rangeland 

research, technical information, and assistance in foreign countries, 

and, with the concurrence of the Secretary of State, shall be available to support forestry, wildland fire management, and related 

natural resource activities outside the United States and its territories and possessions, including technical assistance, education 

and training, and cooperation with United States and international 

organizations: Provided further, That before obligating any of the 

funds provided herein for wildland fire suppression, the Secretary 

of the Interior shall obligate all unobligated balances previously 

made available under this heading that, when appropriated, were 

designated by Congress as an emergency requirement pursuant 

to the Concurrent Resolution on the Budget or the Balanced Budget 

and Emergency Deficit Control Act of 1985 and notify the Committees on Appropriations of the House of Representatives and the 

Senate in writing of the imminent need to begin obligating funds 

provided herein for wildland fire suppression: Provided further, 

That of the funds made available under this heading for wildland 

fire suppression in fiscal year 2011, $82,000,000 are rescinded. 

FLAME WILDFIRE SUPPRESSION RESERVE FUND

(INCLUDING TRANSFER OF FUNDS)

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, 

Declaration. 

Notification. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1005 

including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability 

Act, as amended (42 U.S.C. 9601 et seq.), $10,149,000, to remain 

available until expended. 

NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

To conduct natural resource damage assessment and restoration activities by the Department of the Interior necessary to carry 

out the provisions of the Comprehensive Environmental Response, 

Compensation, and Liability Act, as amended (42 U.S.C. 9601 et 

seq.), the Federal Water Pollution Control Act, as amended (33 

U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 

2701 et seq.), and Public Law 101–337, as amended (16 U.S.C. 

19jj et seq.), $6,263,000, to remain available until expended. 

WORKING CAPITAL FUND

For the acquisition of a departmental financial and business 

management system, information technology improvements of general benefit to the Department, strengthening the Department’s 

acquisition workforce capacity and capabilities, and consolidation 

of facilities and operations throughout the Department, $62,019,000, 

to remain available until expended: Provided, That such funds 

shall be available for training, recruitment, retention, and hiring 

members of the acquisition workforce as defined by the Office 

of Federal Procurement Policy Act as amended (41 U.S.C. 401 

et seq.): Provided further, That none of the funds appropriated 

in this Act or any other Act may be used to establish reserves 

in the Working Capital Fund account other than for accrued annual 

leave and depreciation of equipment without prior approval of the 

House of Representatives and Senate Committees on Appropriations: Provided further, That the Secretary may assess reasonable 

charges to State, local and tribal government employees for training 

services provided by the National Indian Program Training Center, 

other than training related to Public Law 93–638: Provided further, That the Secretary may lease or otherwise provide space and related 

facilities, equipment or professional services of the National Indian 

Program Training Center to State, local and tribal government 

employees or persons or organizations engaged in cultural, educational, or recreational activities (as defined in section 3306(a) 

of title 40, United States Code) at the prevailing rate for similar 

space, facilities, equipment, or services in the vicinity of the 

National Indian Program Training Center: Provided further, That 

all funds received pursuant to the two preceding provisos shall 

be credited to this account, shall be available until expended, and 

shall be used by the Secretary for necessary expenses of the 

National Indian Program Training Center. 

ADMINISTRATIVE PROVISION

There is hereby authorized for acquisition from available 

resources within the Working Capital Fund, 15 aircraft, 10 of which 

shall be for replacement and which may be obtained by donation, 

purchase or through available excess surplus property: Provided, 

That existing aircraft being replaced may be sold, with proceeds 


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125 STAT. 1006 PUBLIC LAW 112–74—DEC. 23, 2011 

derived or trade-in value used to offset the purchase price for 

the replacement aircraft. 

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

(INCLUDING TRANSFERS OF FUNDS)

EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU

SEC. 101. Appropriations made in this title shall be available 

for expenditure or transfer (within each bureau or office), with 

the approval of the Secretary, for the emergency reconstruction, 

replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or 

other unavoidable causes: Provided, That no funds shall be made 

available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have 

been exhausted: Provided further, That all funds used pursuant 

to this section must be replenished by a supplemental appropriation 

which must be requested as promptly as possible. 

EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE

SEC. 102. The Secretary may authorize the expenditure or 

transfer of any no year appropriation in this title, in addition 

to the amounts included in the budget programs of the several 

agencies, for the suppression or emergency prevention of wildland 

fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burnedover lands under its jurisdiction; for emergency actions related 

to potential or actual earthquakes, floods, volcanoes, storms, or 

other unavoidable causes; for contingency planning subsequent to 

actual oil spills; for response and natural resource damage assessment activities related to actual oil spills or releases of hazardous 

substances into the environment; for the prevention, suppression, 

and control of actual or potential grasshopper and Mormon cricket 

outbreaks on lands under the jurisdiction of the Secretary, pursuant 

to the authority in section 417(b) of Public Law 106–224 (7 U.S.C. 

7717(b)); for emergency reclamation projects under section 410 of 

Public Law 95–87; and shall transfer, from any no year funds 

available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assumption of 

regulatory authority in the event a primacy State is not carrying 

out the regulatory provisions of the Surface Mining Act: Provided, 

That appropriations made in this title for wildland fire operations 

shall be available for the payment of obligations incurred during 

the preceding fiscal year, and for reimbursement to other Federal 

agencies for destruction of vehicles, aircraft, or other equipment 

in connection with their use for wildland fire operations, such 

reimbursement to be credited to appropriations currently available 

at the time of receipt thereof: Provided further, That for wildland 

fire operations, no funds shall be made available under this 

authority until the Secretary determines that funds appropriated 

for ‘‘wildland fire operations’’ and ‘‘FLAME Wildfire Suppression 

Reserve Fund’’ shall be exhausted within 30 days: Provided further, 

That all funds used pursuant to this section must be replenished 

by a supplemental appropriation which must be requested as 

promptly as possible: Provided further, That such replenishment 

Determination. 


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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. 


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125 STAT. 1008 PUBLIC LAW 112–74—DEC. 23, 2011 

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 

Deadlines. 

New York. 

New Jersey. 

Contracts. 

16 USC 410i 

note. 


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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, 

Contracts. 

25 USC 2000 

note. 

16 USC 1336 

note. 

Effective date. 

Time period. 

25 USC 372–2. 


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125 STAT. 1010 PUBLIC LAW 112–74—DEC. 23, 2011 

is authorized to enter into agreements with public and private 

persons and entities that provide for such persons and entities 

to rent or lease the land or facilities of a Bureau-operated school 

for such periods of time as the school is Bureau operated, in 

exchange for a consideration (in the form of funds) that benefits 

the school, as determined by the head of the school. 

(2) Funds received under paragraph (1) shall be retained by 

the school and used for school purposes otherwise authorized by 

law. Any funds received under paragraph (1) are hereby made 

available until expended for such purposes, notwithstanding section 

3302 of title 31, United States Code. 

(3) Nothing in this section shall be construed to allow for 

the diminishment of, or otherwise affect, the appropriation of funds 

to the budget accounts for the operation and maintenance of 

Bureau-operated schools. No funds shall be withheld from the distribution to the budget of any Bureau-operated school due to the 

receipt by the school of a benefit in accordance with this section. 

(b) Notwithstanding any provision of title 5, United States 

Code, or any regulation promulgated under such title, education 

personnel who are under the direction and supervision of the Secretary of the Interior may participate in a fundraising activity 

for the benefit of a Bureau-operated school in an official capacity 

as part of their official duties. When participating in such an 

official capacity, the employee may use the employee’s official title, 

position, and authority. Nothing in this subsection shall be construed to authorize participation in political activity (as such term 

is used in section 7324 of title 5, United States Code) otherwise 

prohibited by law. 

(c) The Secretary of the Interior shall promulgate regulations 

to carry out this section not later than 16 months after the date 

of the enactment of this Act. Such regulations shall include— 

(1) standards for the appropriate use of Bureau-operated 

school lands and facilities by third parties under a rental or 

lease agreement; 

(2) provisions for the establishment and administration 

of mechanisms for the acceptance of consideration for the use 

and benefit of a school in accordance with this section 

(including, in appropriate cases, the establishment and administration of trust funds); 

(3) accountability standards to ensure ethical conduct; and 

(4) provisions for monitoring the amount and terms of 

consideration received, the manner in which the consideration 

is used, and any results achieved by such use. 

(d) Provisions of this section shall apply to fiscal years 2012 

through 2014. 

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 

124 Stat. 2339. 

Applicability. 

Regulations. 

Deadline. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1011 

federally operated or federally financed hatcheries including but 

not limited to fish releases of coho, chinook, and steelhead species. 

Marked fish must have a visible mark that can be readily identified 

by commercial and recreational fishers. 

PROHIBITION ON USE OF FUNDS

SEC. 118. (a) Any proposed new use of the Arizona & California 

Railroad Company’s Right of Way for conveyance of water shall 

not proceed unless the Secretary of the Interior certifies that the 

proposed new use is within the scope of the Right of Way. 

(b) No funds appropriated or otherwise made available to the 

Department of the Interior may be used, in relation to any proposal 

to store water underground for the purpose of export, for approval 

of any right-of-way or similar authorization on the Mojave National 

Preserve or lands managed by the Needles Field Office of the 

Bureau of Land Management, or for carrying out any activities 

associated with such right-of-way or similar approval. 

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. 

Grants. 

Boating. 

Certification. 


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125 STAT. 1012 PUBLIC LAW 112–74—DEC. 23, 2011 

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 

Applicability. 

Effective date. 

Time period. 

Applicability. 

16 USC 1725a. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1013 

Management and the Bureau of Safety and Environmental Enforcement may be used by the Secretary of the Interior to establish 

higher minimum rates of basic pay for employees of the Department 

of the Interior in the Gulf of Mexico Region in the Geophysicist 

(GS–1313), Geologist (GS–1350), and Petroleum Engineer (GS– 

0881) job series at grades 5 through 15 at rates no greater than 

25 percent above the minimum rates of basic pay normally scheduled, and such higher rates shall be consistent with the subsections 

(e) through (h) of section 5305 of title 5, United States Code. 

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 

Termination. 

43 USC 1781a. 

Definition. 


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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 


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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 


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125 STAT. 1016 PUBLIC LAW 112–74—DEC. 23, 2011 

until expended, consisting of such sums as are available in the 

Trust Fund on September 30, 2011, as authorized by section 517(a) 

of the Superfund Amendments and Reauthorization Act of 1986 

(SARA) and up to $1,215,753,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA, as amended: Provided, That funds 

appropriated under this heading may be allocated to other Federal 

agencies in accordance with section 111(a) of CERCLA: Provided 

further, That of the funds appropriated under this heading, $9,955,000 shall be paid to the ‘‘Office of Inspector General’’ appropriation to remain available until September 30, 2013, and 

$23,016,000 shall be paid to the ‘‘Science and Technology’’ appropriation to remain available until September 30, 2013. 

LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM

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 

Native 

Americans. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1017 

State, be used for projects to address green infrastructure, water 

or energy efficiency improvements, or other environmentally innovative activities; $5,000,000 shall be for architectural, engineering, 

planning, design, construction and related activities in connection 

with the construction of high priority water and wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission; $10,000,000 shall 

be for grants to the State of Alaska to address drinking water 

and wastewater infrastructure needs of rural and Alaska Native 

Villages: Provided further, That, of these funds: (1) the State of 

Alaska shall provide a match of 25 percent; (2) no more than 

5 percent of the funds may be used for administrative and overhead 

expenses; and (3) the State of Alaska shall make awards consistent 

with the State-wide priority list established in conjunction with 

the Agency and the U.S. Department of Agriculture for all water, 

sewer, waste disposal, and similar projects carried out by the State 

of Alaska that are funded under section 221 of the Federal Water 

Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm 

and Rural Development Act (7 U.S.C. 1921 et seq.) which shall 

allocate not less than 25 percent of the funds provided for projects 

in regional hub communities; $95,000,000 shall be to carry out 

section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 

including grants, interagency agreements, and associated program 

support costs; $30,000,000 shall be for grants under title VII, subtitle G of the Energy Policy Act of 2005, as amended; and 

$1,090,558,000 shall be for grants, including associated program 

support costs, to States, federally recognized tribes, interstate agencies, tribal consortia, and air pollution control agencies for multimedia or single media pollution prevention, control and abatement 

and related activities, including activities pursuant to the provisions 

set forth under this heading in Public Law 104–134, and for making 

grants under section 103 of the Clean Air Act for particulate matter 

monitoring and data collection activities subject to terms and conditions specified by the Administrator, of which $49,396,000 shall 

be for carrying out section 128 of CERCLA, as amended, $9,980,000 

shall be for Environmental Information Exchange Network grants, 

including associated program support costs, $18,463,000 of the 

funds available for grants under section 106 of the Act shall be 

for State participation in national- and State-level statistical surveys of water resources and enhancements to State monitoring 

programs, and, in addition to funds appropriated under the heading 

‘‘Leaking Underground Storage Tank Trust Fund Program’’ to carry 

out the provisions of the Solid Waste Disposal Act specified in 

section 9508(c) of the Internal Revenue Code other than section 

9003(h) of the Solid Waste Disposal Act, as amended, $1,550,000 

shall be for grants to States under section 2007(f)(2) of the Solid 

Waste Disposal Act, as amended: Provided further, That notwithstanding section 603(d)(7) of the Federal Water Pollution Control 

Act, the limitation on the amounts in a State water pollution 

control revolving fund that may be used by a State to administer 

the fund shall not apply to amounts included as principal in loans 

made by such fund in fiscal year 2012 and prior years where 

such amounts represent costs of administering the fund to the 

extent that such amounts are or were deemed reasonable by the 

Administrator, accounted for separately from other assets in the 

Alaska. 


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125 STAT. 1018 PUBLIC LAW 112–74—DEC. 23, 2011 

fund, and used for eligible purposes of the fund, including administration: Provided further, That for fiscal year 2012, and notwithstanding section 518(f) of the Act, the Administrator is authorized 

to use the amounts appropriated for any fiscal year under section 

319 of that Act to make grants to federally recognized Indian 

tribes pursuant to sections 319(h) and 518(e) of that Act: Provided 

further, That for fiscal year 2012, notwithstanding the limitation 

on amounts in section 518(c) of the Federal Water Pollution Control 

Act and section 1452(i) of the Safe Drinking Water Act, up to 

a total of 2 percent of the funds appropriated for State Revolving 

Funds under such Acts may be reserved by the Administrator 

for grants under section 518(c) and section 1452(i) of such Acts: 

Provided further, That for fiscal year 2012, notwithstanding the 

amounts specified in section 205(c) of the Federal Water Pollution 

Control Act, up to 1.5 percent of the aggregate funds appropriated 

for the Clean Water State Revolving Fund program under the 

Act less any sums reserved under section 518(c) of the Act, may 

be reserved by the Administrator for grants made under title II 

of the Clean Water Act for American Samoa, Guam, the Commonwealth of the Northern Marianas, and United States Virgin Islands: 

Provided further, That for fiscal year 2012, notwithstanding the 

limitations on amounts specified in section 1452(j) of the Safe 

Drinking Water Act, up to 1.5 percent of the funds appropriated 

for the Drinking Water State Revolving Fund programs under the 

Safe Drinking Water Act may be reserved by the Administrator 

for grants made under section 1452(j) of the Safe Drinking Water 

Act: Provided further, That not less than 20 percent but not more 

than 30 percent of the funds made available under this title to 

each State for Clean Water State Revolving Fund capitalization 

grants and not less than 20 percent but not more than 30 percent 

of the funds made available under this title to each State for 

Drinking Water State Revolving Fund capitalization grants shall 

be used by the State to provide additional subsidy to eligible recipients in the form of forgiveness of principal, negative interest loans, 

or grants (or any combination of these), and shall be so used 

by the State only where such funds are provided as initial financing 

for an eligible recipient or to buy, refinance, or restructure the 

debt obligations of eligible recipients only where such debt was 

incurred on or after the date of enactment of this Act, except 

that for the Clean Water State Revolving Fund capitalization grant 

appropriation this section shall only apply to the portion that 

exceeds $1,000,000,000: Provided further, That no funds provided 

by this appropriations Act to address the water, wastewater and 

other critical infrastructure needs of the colonias in the United 

States along the United States-Mexico border shall be made available to a county or municipal government unless that government 

has established an enforceable local ordinance, or other zoning 

rule, which prevents in that jurisdiction the development or 

construction of any additional colonia areas, or the development 

within an existing colonia the construction of any new home, business, or other structure which lacks water, wastewater, or other 

necessary infrastructure: Provided further, That for fiscal year 2012 

and hereafter, the Administrator may transfer funds provided for 

tribal set-asides through funds appropriated for the Clean Water 

State Revolving Funds and for the Drinking Water State Revolving 

Funds between those accounts in such manner as the Administrator 

42 USC 300j–12 

note. 

Applicability. 

Grants. 

Native 

Americans. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1019 

deems appropriate, but not to exceed the transfer limits given 

to States under section 302(a) of Public Law 104–182. 

ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL PROTECTION

AGENCY

(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. 

Contracts. 

Grants. 

Fees. 


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125 STAT. 1020 PUBLIC LAW 112–74—DEC. 23, 2011 

For fiscal year 2012 and each fiscal year thereafter, the requirements of section 513 of the Federal Water Pollution Control Act 

(33 U.S.C. 1372) shall apply to the construction of treatment works 

carried out in whole or in part with assistance made available 

by a State water pollution control revolving fund as authorized 

by title VI of that Act (33 U.S.C. 1381 et seq.), or with assistance 

made available under section 205(m) of that Act (33 U.S.C. 

1285(m)), or both. 

For fiscal year 2012 and each fiscal year thereafter, the requirements of section 1450(e) of the Safe Drinking Water Act (42 U.S.C. 

300j–9(e)) shall apply to any construction project carried out in 

whole or in part with assistance made available by a drinking 

water treatment revolving loan fund as authorized by section 1452 

of that Act (42 U.S.C. 300j–12). 

Notwithstanding section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604), 

the Administrator may authorize the expenditure or transfer of 

up to $10,000,000 from any appropriation in this title, in addition 

to the amounts included in the ‘‘Inland Oil Spill Programs’’ account, 

for removal activities related to actual oil spills 5 days after notifying the House and Senate Committees on Appropriations of the 

intention to expend or transfer such funds: Provided, That no funds 

shall be expended or transferred under this authority until the 

Administrator determines that amounts made available for expenditure in the ‘‘Inland Oil Spill Programs’’ account will be exhausted 

within 30 days: Provided further, That such funds shall be replenished to the appropriation that was the source of the expenditure 

or transfer, following EPA’s receipt of reimbursement from the 

Oil Spill Liability Trust Fund pursuant to the Oil Pollution Act 

of 1990. 

TITLE III 

RELATED AGENCIES 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

FOREST AND RANGELAND RESEARCH

For necessary expenses of forest and rangeland research as authorized by law, $295,773,000, to remain available until 

expended: Provided, That of the funds provided, $64,372,000 is 

for the forest inventory and analysis program. 

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. 

Determination. 

Deadline. 

Deadline. 

Notification. 

Applicability. 

42 USC 300j–9 

note. 

Applicability. 

33 USC 1372 

note. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1021 

NATIONAL FOREST SYSTEM

For necessary expenses of the Forest Service, not otherwise 

provided for, for management, protection, improvement, and utilization of the National Forest System, $1,556,628,000, to remain available until expended: Provided, That of the funds provided, 

$336,049,000 shall be for forest products: Provided further, That 

of the funds provided, $40,000,000 shall be deposited in the Collaborative Forest Landscape Restoration Fund for ecological restoration 

treatments as authorized by 16 U.S.C. 7303(f): Provided further, 

That of the funds provided, up to $68,000,000 is for the Integrated 

Resource Restoration pilot program for Region 1, Region 3 and 

Region 4: Provided further, That of the funds provided for forest 

products, up to $44,585,000 may be transferred to support the 

Integrated Resource Restoration pilot program in the preceding 

proviso. 

CAPITAL IMPROVEMENT AND MAINTENANCE

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Forest Service, not otherwise 

provided for, $394,721,000, to remain available until expended, 

for construction, capital improvement, maintenance and acquisition 

of buildings and other facilities and infrastructure; and for construction, reconstruction, decommissioning (including decommissioning 

unauthorized roads not part of the transportation system), and 

maintenance of forest roads and trails by the Forest Service as 

authorized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: 

Provided, That $45,000,000 shall be designated for urgently needed 

road decommissioning, road and trail repair and maintenance and 

associated activities, and removal of fish passage barriers, especially 

in areas where Forest Service roads may be contributing to water 

quality problems in streams and water bodies which support threatened, endangered, or sensitive species or community water sources: 

Provided further, That funds becoming available in fiscal year 2012 

under the Act of March 4, 1913 (16 U.S.C. 501) shall be transferred 

to the General Fund of the Treasury and shall not be available 

for transfer or obligation for any other purpose unless the funds 

are appropriated: Provided further, That of the funds provided 

for decommissioning of roads, up to $13,000,000 may be transferred 

to the ‘‘National Forest System’’ to support the Integrated Resource 

Restoration pilot program. 

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 

Roads. 


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125 STAT. 1022 PUBLIC LAW 112–74—DEC. 23, 2011 

National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, 

and Cleveland National Forests, California, as authorized by law, 

$955,000, to be derived from forest receipts. 

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

For acquisition of lands, such sums, to be derived from funds 

deposited by State, county, or municipal governments, public school 

districts, or other public school authorities, and for authorized 

expenditures from funds deposited by non-Federal parties pursuant 

to Land Sale and Exchange Acts, pursuant to the Act of December 

4, 1967, as amended (16 U.S.C. 484a), to remain available until 

expended (16 U.S.C. 460l–516–617a, 555a; Public Law 96–586; 

Public Law 76–589, 76–591; and Public Law 78–310). 

RANGE BETTERMENT FUND

For necessary expenses of range rehabilitation, protection, and 

improvement, 50 percent of all moneys received during the prior 

fiscal year, as fees for grazing domestic livestock on lands in 

National Forests in the 16 Western States, pursuant to section 

401(b)(1) of Public Law 94–579, as amended, to remain available 

until expended, of which not to exceed 6 percent shall be available 

for administrative expenses associated with on-the-ground range 

rehabilitation, protection, and improvements. 

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

For expenses authorized by 16 U.S.C. 1643(b), $45,000, to 

remain available until expended, to be derived from the fund established pursuant to the above Act. 

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

For necessary expenses of the Forest Service to manage Federal 

lands in Alaska for subsistence uses under title VIII of the Alaska 

National Interest Lands Conservation Act (Public Law 96–487), 

$2,577,000, to remain available until expended. 

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for forest fire presuppression activities 

on National Forest System lands, for emergency fire suppression 

on or adjacent to such lands or other lands under fire protection 

agreement, hazardous fuels reduction on or adjacent to such lands, 

and for emergency rehabilitation of burned-over National Forest 

System lands and water, $1,737,631,000, to remain available until 

expended: Provided, That such funds including unobligated balances 

under this heading, are available for repayment of advances from 

other appropriations accounts previously transferred for such purposes: Provided further, That such funds shall be available to 

reimburse State and other cooperating entities for services provided 

in response to wildfire and other emergencies or disasters to the 

extent such reimbursements by the Forest Service for non-fire emergencies are fully repaid by the responsible emergency management 


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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 

Determination. 


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125 STAT. 1024 PUBLIC LAW 112–74—DEC. 23, 2011 

pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as 

amended: Provided further, That before obligating any of the funds 

provided herein for wildland fire suppression, the Secretary of Agriculture shall obligate all unobligated balances previously made 

available under this heading (including the unobligated balances 

transferred to Forest Service accounts under this heading by division B of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110–329, 122 Stat. 

3594)) that, when appropriated, were designated by Congress as 

an emergency requirement pursuant to the Concurrent Resolution 

on the Budget or the Balanced Budget and Emergency Deficit 

Control Act of 1985 and notify the Committees on Appropriations 

of the House of Representatives and the Senate in writing of the 

imminent need to begin obligating funds provided herein for 

wildland fire suppression: Provided further, That funds designated 

for wildfire suppression, including funds transferred from the 

‘‘FLAME Wildfire Suppression Reserve Fund’’, shall be assessed 

for cost pools on the same basis as such assessments are calculated 

against other agency programs: Provided further, That of the funds 

for hazardous fuels reduction, up to $21,000,000 may be transferred 

to the ‘‘National Forest System’’ to support the Integrated Resource 

Restoration pilot program. 

FLAME WILDFIRE SUPPRESSION RESERVE FUND

(INCLUDING TRANSFERS OF FUNDS)

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. 

Declaration. 

Deadline. 

Assessments. 

Notification. 


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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 

16 USC 556i. 

Notification. 

Deadline. 


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Public Lands Corps Act of 1993, Public Law 103–82, as amended 

by Public Lands Corps Healthy Forests Restoration Act of 2005, 

Public Law 109–154. 

Of the funds available to the Forest Service, $4,000 is available 

to the Chief of the Forest Service for official reception and representation expenses. 

Pursuant to sections 405(b) and 410(b) of Public Law 101– 

593, of the funds available to the Forest Service, up to $3,000,000 

may be advanced in a lump sum to the National Forest Foundation 

to aid conservation partnership projects in support of the Forest 

Service mission, without regard to when the Foundation incurs 

expenses, for projects on or benefitting National Forest System 

lands or related to Forest Service programs: Provided, That of 

the Federal funds made available to the Foundation, no more than 

$300,000 shall be available for administrative expenses: Provided 

further, That the Foundation shall obtain, by the end of the period 

of Federal financial assistance, private contributions to match on 

at least one-for-one basis funds made available by the Forest 

Service: Provided further, That the Foundation may transfer Federal funds to a Federal or a non-Federal recipient for a project 

at the same rate that the recipient has obtained the non-Federal 

matching funds: Provided further, That authorized investments of 

Federal funds held by the Foundation may be made only in interestbearing obligations of the United States or in obligations guaranteed 

as to both principal and interest by the United States. 

Pursuant to section 2(b)(2) of Public Law 98–244, $3,000,000 

of the funds available to the Forest Service may be advanced 

to the National Fish and Wildlife Foundation in a lump sum to 

aid cost-share conservation projects, without regard to when 

expenses are incurred, on or benefitting National Forest System 

lands or related to Forest Service programs: Provided, That such 

funds shall be matched on at least a one-for-one basis by the 

Foundation or its sub-recipients: Provided further, That the Foundation may transfer Federal funds to a Federal or non-Federal 

recipient for a project at the same rate that the recipient has 

obtained the non-Federal matching funds. 

Funds appropriated to the Forest Service shall be available 

for interactions with and providing technical assistance to rural 

communities and natural resource-based businesses for sustainable 

rural development purposes. 

Funds appropriated to the Forest Service shall be available 

for payments to counties within the Columbia River Gorge National 

Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) 

of Public Law 99–663. 

Any funds appropriated to the Forest Service may be used 

to meet the non-Federal share requirement in section 502(c) of 

the Older American Act of 1965 (42 U.S.C. 3056(c)(2)). 

Funds available to the Forest Service, not to exceed 

$55,000,000, shall be assessed for the purpose of performing fire, 

administrative and other facilities maintenance and decommissioning. Such assessments shall occur using a square foot rate 

charged on the same basis the agency uses to assess programs 

for payment of rent, utilities, and other support services. 

Notwithstanding any other provision of law, any appropriations 

or funds available to the Forest Service not to exceed $500,000 

may be used to reimburse the Office of the General Counsel (OGC), 

Department of Agriculture, for travel and related expenses incurred 

Assessments. 

Time period. 


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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 activi- ties 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 

Allocations. 


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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 SelfDetermination Act, and the Indian Health Care Improvement Act, 

and for expenses necessary to carry out such Acts and titles II 

and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health 

Service, $441,052,000, to remain available until expended: Provided, 

That notwithstanding any other provision of law, funds appropriated for the planning, design, construction, renovation or expansion of health facilities for the benefit of an Indian tribe or tribes 

may be used to purchase land on which such facilities will be 

located: Provided further, That not to exceed $500,000 shall be 

used by the Indian Health Service to purchase TRANSAM equipment from the Department of Defense for distribution to the Indian 

Reports. 


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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 SelfDetermination and Education Assistance Act of 1975 (25 U.S.C. 

450), may be deobligated and reobligated to a self-determination 

contract under title I, or a self-governance agreement under title 

V of such Act and thereafter shall remain available to the tribe 

Assessments. 


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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 

Notification. 

Regulations. 

Budget request. 


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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 

5 USC app. 8G 

note. 

Career positions. 

Appointment. 


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125 STAT. 1032 PUBLIC LAW 112–74—DEC. 23, 2011 

eligible individuals and groups including evictees from District 6, 

Hopi-partitioned lands residents, those in significantly substandard 

housing, and all others certified as eligible and not included in 

the preceding categories: Provided further, That none of the funds 

contained in this or any other Act may be used by the Office 

of Navajo and Hopi Indian Relocation to evict any single Navajo 

or Navajo family who, as of November 30, 1985, was physically 

domiciled on the lands partitioned to the Hopi Tribe unless a 

new or replacement home is provided for such household: Provided 

further, That no relocatee will be provided with more than one 

new or replacement home: Provided further, That the Office shall 

relocate any certified eligible relocatees who have selected and 

received an approved homesite on the Navajo reservation or selected 

a replacement residence off the Navajo reservation or on the land 

acquired pursuant to 25 U.S.C. 640d–10. 

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE 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 

Contracts. 

Relocation. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1033 

expended, of which not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109, and of which $75,000,000 shall be to complete 

design and begin construction of the National Museum of African 

American History and Culture: Provided, That during fiscal year 

2012 and any succeeding fiscal year, a single procurement for 

construction of the National Museum of African American History 

and Culture, as authorized under section 8 of the National Museum 

of African American History and Culture Act (20 U.S.C. 80r–6), 

may be issued that includes the full scope of the project: Provided 

further, That the solicitation and contract shall contain the clause 

‘‘availability of funds’’ found at 48 CFR 52.232.18. 

NATIONAL GALLERY OF 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. 

Contracts. 

20 USC 80r–6 

note. 


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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. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1035 

ADMINISTRATIVE PROVISIONS

None of the funds appropriated to the National Foundation 

on the Arts and the Humanities may be used to process any grant 

or contract documents which do not include the text of 18 U.S.C. 

1913: Provided, That none of the funds appropriated to the National 

Foundation on the Arts and the Humanities may be used for official 

reception and representation expenses: Provided further, That funds 

from nonappropriated sources may be used as necessary for official 

reception and representation expenses: Provided further, That the 

Chairperson of the National Endowment for the Arts may approve 

grants of up to $10,000, if in the aggregate this amount does 

not exceed 5 percent of the sums appropriated for grantmaking 

purposes per year: Provided further, That such small grant actions 

are taken pursuant to the terms of an expressed and direct delegation of authority from the National Council on the Arts to the 

Chairperson. 

COMMISSION OF FINE ARTS

SALARIES AND EXPENSES

For expenses of the Commission of Fine Arts under Chapter 

91 of title 40, United States Code, $2,400,000: Provided, That the 

Commission is authorized to charge fees to cover the full costs 

of its publications, and such fees shall be credited to this account 

as an offsetting collection, to remain available until expended without further appropriation: Provided further, That the Commission 

is authorized to accept gifts, including objects, papers, artwork, 

drawings and artifacts, that pertain to the history and design 

of the Nation’s Capital or the history and activities of the Commission of Fine Arts, for the purpose of artistic display, study or 

education. 

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

For necessary expenses as authorized by Public Law 99–190 

(20 U.S.C. 956a), as amended, $2,000,000. 

ADMINISTRATIVE PROVISION

The item relating to ‘‘National Capital Arts and Cultural 

Affairs’’ in the Department of the Interior and Related Agencies 

Appropriations Act, 1986, as enacted into law by section 101(d) 

of Public Law 99–190 (99 Stat. 1261; 20 U.S.C. 956a) is amended— 

(1) by deleting the last sentence in the second paragraph 

and replacing it with the following: ‘‘Each eligible organization 

must have its principal place of business in the District of 

Columbia and in a facility or facilities located in the District 

of Columbia.’’; and 

(2) In the third paragraph, by deleting ‘‘in addition to 

those herein named’’ at the end of the sentence. 


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125 STAT. 1036 PUBLIC LAW 112–74—DEC. 23, 2011 

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

For necessary expenses of the Advisory Council on Historic 

Preservation (Public Law 89–665, as amended), $6,108,000. 

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the National Capital Planning 

Commission under chapter 87 of title 40, United States Code, 

including services as authorized by 5 U.S.C. 3109, $8,154,000: Provided, That one-quarter of 1 percent of the funds provided under 

this heading may be used for official reception and representational 

expenses associated with hosting international visitors engaged in 

the planning and physical development of world capitals. 

UNITED STATES HOLOCAUST MEMORIAL MUSEUM

HOLOCAUST MEMORIAL MUSEUM

For expenses of the Holocaust Memorial Museum, as authorized 

by Public Law 106–292 (36 U.S.C. 2301–2310), $50,798,000, of 

which $515,000 shall remain available until September 30, 2014, 

for the Museum’s equipment replacement program; and of which 

$1,900,000 for the Museum’s repair and rehabilitation program 

and $1,264,000 for the Museum’s outreach initiatives program shall 

remain available until expended. 

PRESIDIO TRUST

PRESIDIO TRUST FUND

For necessary expenses to carry out title I of the Omnibus 

Parks and Public Lands Management Act of 1996, $12,000,000 

shall be available to the Presidio Trust, to remain available until 

expended. 

DWIGHT D. EISENHOWER MEMORIAL COMMISSION

SALARIES AND EXPENSES

For necessary expenses, including the costs of construction 

design, of the Dwight D. Eisenhower Memorial Commission, 

$2,000,000, to remain available until expended. 

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 

Effective date. 

Contracts. 

40 USC 8903 

note. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1037 

Appropriations Act, 2002 (Public Law 107–117), may be issued 

which includes the full scope of the project: Provided further, That 

the solicitation and contract with respect to the procurement shall 

contain the ‘‘availability of funds’’ clause described in section 

52.232.18 of title 48, Code of Federal Regulations: Provided further, 

That the funds appropriated herein shall be deemed to satisfy 

the criteria for issuing a permit contained in 40 U.S.C. 8906(a)(4) 

and (b). 

TITLE IV 

GENERAL PROVISIONS 

(INCLUDING TRANSFERS OF FUNDS)

LIMITATION ON CONSULTING SERVICES

SEC. 401. The expenditure of any appropriation under this 

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where 

such expenditures are a matter of public record and available 

for public inspection, except where otherwise provided under 

existing law, or under existing Executive order issued pursuant 

to existing law. 

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. 

Budget 

estimates. 

Lobbying. 

Contracts. 


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125 STAT. 1038 PUBLIC LAW 112–74—DEC. 23, 2011 

GIANT SEQUOIA

SEC. 406. None of the funds in this Act may be used to plan, 

prepare, or offer for sale timber from trees classified as giant 

sequoia (Sequoiadendron giganteum) which are located on National 

Forest System or Bureau of Land Management lands in a manner 

different than such sales were conducted in fiscal year 2011. 

MINING APPLICATIONS

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 

Determination. 

Patents and 

trademarks. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1039 

funding agreements with the Bureau of Indian Affairs or the Indian 

Health Service as funded by such Acts, are the total amounts 

available for fiscal years 1994 through 2011 for such purposes, 

except that the Bureau of Indian Affairs, tribes and tribal organizations may use their tribal priority allocations for unmet contract 

support costs of ongoing contracts, grants, self-governance compacts, 

or annual funding agreements. 

FOREST MANAGEMENT PLANS

SEC. 409. The Secretary of Agriculture shall not be considered 

to be in violation of subparagraph 6(f)(5)(A) of the Forest and 

Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 

1604(f)(5)(A)) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System. 

Nothing in this section exempts the Secretary from any other 

requirement of the Forest and Rangeland Renewable Resources 

Planning Act (16 U.S.C. 1600 et seq.) or any other law: Provided, 

That if the Secretary is not acting expeditiously and in good faith, 

within the funding available, to revise a plan for a unit of the 

National Forest System, this section shall be void with respect 

to such plan and a court of proper jurisdiction may order completion 

of the plan on an accelerated basis. 

PROHIBITION WITHIN NATIONAL MONUMENTS

SEC. 410. No funds provided in this Act may be expended 

to conduct preleasing, leasing and related activities under either 

the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer 

Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the 

boundaries of a National Monument established pursuant to the 

Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary 

existed on January 20, 2001, except where such activities are 

allowed under the Presidential proclamation establishing such 

monument. 

AMENDMENTS TO THE TEMPORARY EMERGENCY WILDFIRE

SUPPRESSION ACT

SEC. 411. The Temporary Emergency Wildfire Suppression Act 

(42 U.S.C. 1856m et seq.) is amended— 

(1) in the first section (42 U.S.C. 1856m note)— 

(A) by striking ‘‘That this’’ and inserting the following: 

‘‘SEC. 1. SHORT TITLE. 

‘‘This’’; and 

(B) by striking ‘‘Temporary’’; 

(2) by striking section 2 (42 U.S.C. 1856m) and inserting 

the following: 

‘‘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 

16 USC 1604 

note. 


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125 STAT. 1040 PUBLIC LAW 112–74—DEC. 23, 2011 

‘‘(ii) any cost incurred in handling the applicable 

litigation (including legal fees); and 

‘‘(B) with respect to a Federal firefighter, arranging 

for, and paying the costs of, representation in the applicable 

litigation. 

‘‘(2) FEDERAL FIREFIGHTER.—The term ‘Federal firefighter’ 

means an individual furnished by the Secretary of Agriculture 

or the Secretary of the Interior under an agreement entered 

into under section 3. 

‘‘(3) FOREIGN FIRE ORGANIZATION.—The term ‘foreign fire 

organization’ means any foreign governmental, public, or private entity that has wildfire protection resources. 

‘‘(4) FOREIGN FIREFIGHTER.—The term ‘foreign firefighter’ 

means an individual furnished by a foreign fire organization 

under an agreement entered into under section 3. 

‘‘(5) WILDFIRE.—The term ‘wildfire’ means any forest or 

range fire. 

‘‘(6) WILDFIRE PROTECTION RESOURCES.—The term ‘wildfire 

protection resources’ means any personnel, supplies, equipment, 

or other resources required for wildfire presuppression and 

suppression activities.’’; 

(3) in section 3 (42 U.S.C. 1856n)— 

(A) in subsection (a)— 

(i) by striking ‘‘(a)(1) The Secretary of Agriculture’’ 

and inserting the following: 

‘‘(a) EXCHANGE OF WILDFIRE PROTECTION RESOURCES UNDER

A RECIPROCAL AGREEMENT WITH A FOREIGN FIRE ORGANIZATION.— 

‘‘(1) AUTHORITY TO ENTER INTO A RECIPROCAL AGREEMENT.— 

The Secretary of Agriculture’’; and 

(ii) in paragraph (2), by striking ‘‘(2) Any agreement’’ and inserting the following: 

‘‘(2) REQUIREMENTS FOR A RECIPROCAL AGREEMENT.—Any 

agreement’’; 

(B) in subsection (b)— 

(i) by striking ‘‘(b) In the absence’’ and inserting 

the following: 

‘‘(b) EXCHANGE OF WILDFIRE PROTECTION RESOURCES WITHOUT

A RECIPROCAL AGREEMENT.—In the absence’’; and 

(ii) in paragraph (1), by striking ‘‘United States, 

and’’ and inserting ‘‘United States; and’’; 

(C) in subsection (c), by striking ‘‘(c) Notwithstanding’’ 

and inserting the following: 

‘‘(c) REIMBURSEMENT UNDER AGREEMENTS WITH CANADA.—Notwithstanding’’; and 

(D) in subsection (d)— 

(i) by striking, ‘‘(d) Any service’’ and inserting the 

following: 

‘‘(d) SERVICE PERFORMED UNDER THIS ACT BY FEDERAL

EMPLOYEES.— 

‘‘(1) IN GENERAL.—Any service’’; and 

(ii) in the second sentence, by striking ‘‘The’’ and 

inserting the following: 

‘‘(2) EFFECT.—Except as provided in section 4, the’’; 

(4) by redesignating section 4 (42 U.S.C. 1856o) as section 

5; 

(5) by inserting after section 3 the following: 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1041 

‘‘SEC. 4. RECIPROCAL AGREEMENTS WITH LIABILITY COVERAGE. 

‘‘(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’’. 

42 USC 1856n–1. 


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125 STAT. 1042 PUBLIC LAW 112–74—DEC. 23, 2011 

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 

Alaska. 

Guidance. 

Urban and rural 

areas. 


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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— 

Web posting. 


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125 STAT. 1044 PUBLIC LAW 112–74—DEC. 23, 2011 

(1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American 

Jazz Masters Fellowship. 

(2) The Chairperson shall establish procedures to ensure 

that no funding provided through a grant, except a grant made 

to a State or local arts agency, or regional group, may be 

used to make a grant to any other organization or individual 

to conduct activity independent of the direct grant recipient. 

Nothing in this subsection shall prohibit payments made in 

exchange for goods and services. 

(3) No grant shall be used for seasonal support to a group, 

unless the application is specific to the contents of the season, 

including identified programs and/or projects. 

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 

Reports. 

Deadline. 

Definitions. 

Procedures. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1045 

(4) the Chairperson shall encourage the use of grants to 

improve and support community-based music performance and 

education. 

USE OF COMPETITIVE GRANT FUNDS

SEC. 420. Section 6(d) of Public Law 96–297 (16 U.S.C. 431 

note), as added by section 101 of Public Law 108–126, is amended 

by inserting ‘‘, except funds awarded through competitive grants,’’ 

after ‘‘No Federal funds’’. 

FOREST SERVICE FACILITY REALIGNMENT AND ENHANCEMENT

SEC. 421. Section 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 

President. 

Deadline. 

Reports. 

Termination 

date. 


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125 STAT. 1046 PUBLIC LAW 112–74—DEC. 23, 2011 

2011, including an accounting of funding by agency with each 

agency identifying climate change programs, projects and activities 

and associated costs by line item as presented in the President’s 

Budget Appendix, and including citations and linkages where practicable to each strategic plan that is driving funding within each 

climate change program, project and activity listed in the report. 

PROHIBITION ON USE OF FUNDS

SEC. 426. Notwithstanding any other provision of law, none 

of the funds made available in this Act or any other Act may 

be used to promulgate or implement any regulation requiring the 

issuance of permits under title V of the Clean Air Act (42 U.S.C. 

7661 et seq.) for carbon dioxide, nitrous oxide, water vapor, or 

methane emissions resulting from biological processes associated 

with livestock production. 

GREENHOUSE GAS REPORTING RESTRICTIONS

SEC. 427. Notwithstanding any other provision of law, none 

of the funds made available in this or any other Act may be 

used to implement any provision in a rule, if that provision requires 

mandatory reporting of greenhouse gas emissions from manure 

management systems. 

FOREST SERVICE PRE-DECISIONAL OBJECTION PROCESS

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, 

Effective date. 

Termination 

date. 

Permits. 

Water. 

Determination. 

Notice. 

Regulations. 

Applicability. 

16 USC 6515 

note. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1047 

use, or maintenance of which are associated with silvicultural activities, or from other silvicultural activities involving nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting 

operations, or surface drainage. 

CLAIM MAINTENANCE FEE AMENDMENTS

SEC. 430. Section 10101 of the Omnibus Budget Reconciliation 

Act of 1993 (30 U.S.C. 28f) is amended— 

(1) in subsection (a)— 

(A) by striking so much as precedes the second sentence 

and inserting the following: 

‘‘(a) CLAIM MAINTENANCE FEE.— ‘‘(1) LODE MINING CLAIMS, MILL SITES, AND TUNNEL SITES.— The holder of each unpatented lode mining claim, mill site, 

or tunnel site, located pursuant to the mining laws of the 

United States on or after August 10, 1993, shall pay to the 

Secretary of the Interior, on or before September 1 of each 

year, to the extent provided in advance in appropriations Acts, 

a claim maintenance fee of $100 per claim or site, respectively.’’; 

and 

(B) by adding at the end the following: 

‘‘(2) PLACER MINING CLAIMS.—The holder of each 

unpatented placer mining claim located pursuant to the mining 

laws of the United States located before, on, or after August 

10, 1993, shall pay to the Secretary of the Interior, on or 

before September 1 of each year, the claim maintenance fee 

described in subsection (a), for each 20 acres of the placer 

claim or portion thereof.’’; and 

(2) in subsection (b), by striking the first sentence and 

inserting the following: ‘‘The claim main tenance fee under 

subsection (a) shall be paid for the year in which the location 

is made, at the time the location notice is recorded with the 

Bureau of Land Management.’’. 

DOMESTIC LIVESTOCK GRAZING

SEC. 431. (a) PROHIBITION REGARDING POTENTIAL DOMESTIC

SHEEP AND BIGHORN SHEEP CONTACT ON NATIONAL FOREST SYSTEM

LAND.—Notwithstanding any other provision of law or regulation 

(other than the Endangered Species Act of 1973 and regulations 

issued under such Act), none of the funds made available by this 

Act or made available by any other Act for fiscal year 2012 only 

may be used to carry out— 

(1) any new management restrictions on domestic sheep 

on parcels of National Forest System land (as defined in the 

Forest and Rangeland Renewable Resources Planning Act of 

1974 (16 U.S.C. 1609(a))) with potential domestic sheep and 

bighorn sheep (whether native or nonnative) contact in excess 

of the management restrictions that existed on July 1, 2011; 

or 

(2) any other agency regulation for managing bighorn sheep 

populations on any allotment of such National Forest System 

land if the management action will result in a reduction in 

the number of domestic livestock permitted to graze on the 

allotment or in the distribution of livestock on the allotment. 


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125 STAT. 1048 PUBLIC LAW 112–74—DEC. 23, 2011 

(b) EXCEPTION.—Notwithstanding subsection (a), the Secretary 

of Agriculture may make such management changes as the Secretary determines to be necessary to manage bighorn sheep if 

the management changes— 

(1) are consistent with the wildlife plans of the relevant 

State fish and game agency and determined in consultation 

with that agency; and 

(2) are developed in consultation with the affected permittees. 

(c) BUREAU OF LAND MANAGEMENT LANDS.—In circumstances 

involving conflicts between bighorn sheep and domestic sheep 

grazing on public lands (as defined in section 103 of the Federal 

Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the 

Bureau of Land Management may only modify or cancel domestic 

sheep grazing permits after consulting with the appropriate State 

fish and game agency. However, if the State in question has an 

approved State Wildlife Management Plan that addresses, with 

specificity, bighorn sheep management, then the Bureau of Land 

Management modification or cancellation of permits in that State 

shall conform to the bighorn sheep management objectives in the 

State Wildlife Management Plan, unless conformance would be 

inconsistent with Federal statute or regulation. The Bureau of 

Land Management shall be bound by the requirements of this 

subsection until September 30, 2012. 

(d) VOLUNTARY CLOSURE OF ALLOTMENTS.—Nothing in this section shall be construed as limiting the voluntary closure of existing 

domestic sheep allotments when the closure is agreed to in writing 

between the permittee and the Secretary of the Interior or the 

Secretary of Agriculture and is carried out for the purpose of 

reducing conflicts between domestic sheep and bighorn sheep. 

(e) WAIVER OF GRAZING PERMITS AND LEASES.—The Secretary 

of the Interior and the Secretary of Agriculture may accept the 

voluntary waiver of any valid existing lease or permit authorizing 

grazing on National Forest System land described in subsection 

(a) or public lands described in subsection (c). If the grazing permit 

or lease for a grazing allotment is only partially within the area 

of potential domestic sheep and bighorn sheep contact, the affected 

permittee may elect to waive only the portion of the grazing permit 

or lease that is within that area. The Secretary concerned shall— 

(1) terminate each permit or lease waived or portion of 

a permit or lease waived under this subsection; 

(2) ensure a permanent end to domestic sheep grazing 

on the land covered by the waived permit or lease or waived 

portion of the permit or lease unless or until there is no conflict 

with bighorn sheep management; and 

(3) provide for the reimbursement of range improvements 

in compliance with section 4 of the Act of June 28, 1934 

(commonly known as the Taylor Grazing Act; 43 U.S.C. 315c). 

AIR EMISSIONS FROM OUTER CONTINENTAL SHELF ACTIVITIES

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— 

42 USC 7627 

note. 

Termination 

date. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1049 

(1) in the first sentence, by inserting ‘‘(other than Outer 

Continental Shelf sources located offshore of the North Slope 

Borough of the State of Alaska)’’ after ‘‘Outer Continental Shelf 

sources located offshore of the States along the Pacific, Arctic 

and Atlantic Coasts’’; and 

(2) in the fourth sentence, by inserting ‘‘and this Act’’ 

after ‘‘regulations’’. 

(c) Section 328(b) of the Clean Air Act (42 U.S.C. 7627(b)) 

is amended in the first sentence— 

(1) by striking ‘‘Gulf Coast’’; and 

(2) by inserting ‘‘or are adjacent to the North Slope Borough 

of the State of Alaska’’ after ‘‘Alabama’’. 

(d) The transfer of air quality permitting authority pursuant 

to this section shall not invalidate or stay— 

(1) any air quality permit pending or existing as of the 

date of the enactment of this Act; or 

(2) any proceeding related thereto. 

(e)(1) The Comptroller General of the United States shall undertake a study on the process for air quality permitting in the Outer 

Continental Shelf. 

(2) The study shall consist of a comparison of air quality permitting for Outer Continental Shelf sources (as such term is defined 

in section 328(a)(4) of the Clean Air Act (42 U.S.C. 7627(a)(4)) 

by the Department of the Interior with such permitting by the 

Environmental Protection Agency, taking into account the time 

elapsed between application and permit approval, the number of 

applications, and the experiences and assessments of the applicants. 

(3) In carrying out the study, the Comptroller General shall 

consult with the Administrator of the Environmental Protection 

Agency, the Secretary of the Interior, and applicants for air quality 

permits. 

(4) The Comptroller General shall complete the study and 

submit a report on the results of the study to the Congress not 

later than September 30, 2014. 

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 

Corporations. 

Corporations. 

Criminal 

violations. 

Reports. 

Deadline. 

Consultation. 

Study. 

42 USC 7627 

note. 


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125 STAT. 1050 PUBLIC LAW 112–74—DEC. 23, 2011 

to an agreement with the authority responsible for collecting the 

tax liability, where the awarding agency is aware of the unpaid 

tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further 

action is not necessary to protect the interests of the Government. 

ALASKA NATIVE REGIONAL HEALTH ENTITIES

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 acrossthe-board rescission in this section, and any subsequent acrossthe-board rescission for fiscal year 2012, shall apply only to the 

first dollar amount in the paragraph and the distribution of the 

rescission shall be at the discretion of the Secretary of the Interior 

who shall submit a report on such distribution and the rationale 

therefore to the House and Senate Committees on Appropriations. 

(d) OMB REPORT.—Within 30 days after the date of the enactment of this section the Director of the Office of Management 

and Budget shall submit to the Committees on Appropriations 

of the House of Representatives and the Senate a report specifying 

the account and amount of each rescission made pursuant to this 

section. 

This division may be cited as the ‘‘Department of the Interior, 

Environment, and Related Agencies Appropriations Act, 2012’’. 

Applicability. 

Termination 

date. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1051 

DIVISION F—DEPARTMENTS OF LABOR, HEALTH AND 

HUMAN SERVICES, EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012 

TITLE I 

DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING ADMINISTRATION

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 

Departments of 

Labor, Health 

and Human 

Services, and 

Education, and 

Related Agencies 

Appropriations 

Act, 2012. 

Department of 

Labor 

Appropriations 

Act, 2012. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
125 STAT. 1052 PUBLIC LAW 112–74—DEC. 23, 2011 

October 1, 2012 through June 30, 2013: Provided, That 

funds provided to carry out section 132(a)(2)(A) of the WIA 

may be used to provide assistance to a State for statewide 

or local use in order to address cases where there have 

been worker dislocations across multiple sectors or across 

multiple local areas and such workers remain dislocated; 

coordinate the State workforce development plan with 

emerging economic development needs; and train such 

eligible dislocated workers: Provided further, That funds 

provided to carry out section 171(d) of the WIA may be 

used for demonstration projects that provide assistance 

to new entrants in the workforce and incumbent workers: 

Provided further, That none of the funds shall be obligated 

to carry out section 173(e) of the WIA; 

(B) $47,652,000 for Native American programs, which 

shall be available for the period July 1, 2012 through 

June 30, 2013; 

(C) $84,451,000 for migrant and seasonal farmworker 

programs under section 167 of the WIA, including 

$78,253,000 for formula grants (of which not less than 

70 percent shall be for employment and training services), 

$5,689,000 for migrant and seasonal housing (of which 

not less than 70 percent shall be for permanent housing), 

and $509,000 for other discretionary purposes, which shall 

be available for the period July 1, 2012 through June 

30, 2013: Provided, That notwithstanding any other provision of law or related regulation, the Department of Labor 

shall take no action limiting the number or proportion 

of eligible participants receiving related assistance services 

or discouraging grantees from providing such services; 

(D) $998,000 for carrying out the WANTO, which shall 

be available for the period July 1, 2012 through June 

30, 2013; and 

(E) $79,840,000 for YouthBuild activities as described 

in section 173A of the WIA, which shall be available for 

the period April 1, 2012 through June 30, 2013; and 

(F) $50,000,000 to be available to the Secretary of 

Labor (referred to in this title as ‘‘Secretary’’) for the 

Workforce Innovation Fund to carry out projects that demonstrate innovative strategies or replicate effective evidence-based strategies that align and strengthen the 

workforce investment system in order to improve program 

delivery and education and employment outcomes for beneficiaries, which shall be for the period July 1, 2012 through 

September 30, 2013: Provided, That amounts shall be available for awards to States or State agencies that are eligible 

for assistance under any program authorized under the 

WIA, consortia of States, or partnerships, including 

regional partnerships: Provided further, That not more than 

5 percent of the funds available for workforce innovation 

activities shall be for technical assistance and evaluations 

related to the projects carried out with these funds; 

(3) for national activities, $103,062,000, as follows: 

(A) $6,616,000, in addition to any amounts available 

under paragraph (2), for Pilots, Demonstrations, and 

Research, which shall be available for the period April 

1, 2012 through June 30, 2013: Provided, That funds made 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1053 

available by Public Law 112–10 that were designated for 

grants to address the employment and training needs of 

young parents may be used for other pilots, demonstrations, 

and research activities and for implementation activities 

related to the VOW to Hire Heroes Act of 2011 and may 

be transferred to ‘‘State Unemployment Insurance and 

Employment Service Operations’’ to carry out such 

implementation activities; 

(B) $80,390,000 for ex-offender activities, under the 

authority of section 171 of the WIA and section 212 of 

the Second Chance Act of 2007, which shall be available 

for the period April 1, 2012 through June 30, 2013, notwithstanding the requirements of section 171(b)(2)(B) or 

171(c)(4)(D) of the WIA: Provided, That of this amount, 

$20,000,000 shall be for competitive grants to national 

and regional intermediaries for activities that prepare 

young ex-offenders and school dropouts for employment, 

with a priority for projects serving high-crime, high-poverty 

areas; 

(C) $9,581,000 for Evaluation, which shall be available 

for the period July 1, 2012 through June 30, 2013; and 

(D) $6,475,000 for the Workforce Data Quality Initiative, under the authority of section 171(c)(2) of the WIA, 

which shall be available for the period July 1, 2012 through 

June 30, 2013, and which shall not be subject to the 

requirements of section 171(c)(4)(D). 

OFFICE OF JOBS CORPS

To carry out subtitle C of title I of the WIA, including Federal 

administrative expenses, the purchase and hire of passenger motor 

vehicles, the construction, alteration, and repairs of buildings and 

other facilities, and the purchase of real property for training centers as authorized by the WIA, $1,706,171,000, plus reimbursements, as follows: 

(1) $1,572,049,000 for Job Corps Operations, which shall 

be available for the period July 1, 2012 through June 30, 

2013; 

(2) $104,990,000 for construction, rehabilitation and 

acquisition of Job Corps Centers, which shall be available for 

the period July 1, 2012 through June 30, 2015: Provided, That 

the Secretary may transfer up to 15 percent of such funds 

to meet the operational needs of such centers or to achieve 

administrative efficiencies: Provided further, That any funds 

transferred pursuant to the preceding proviso shall not be 

available for obligation after June 30, 2013; and 

(3) $29,132,000 for necessary expenses of the Office of 

Job Corps, which shall be available for obligation for the period 

October 1, 2011 through September 30, 2012: 

Provided further, That no funds from any other appropriation shall 

be used to provide meal services at or for Job Corps centers. 

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 

Grants. 


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125 STAT. 1054 PUBLIC LAW 112–74—DEC. 23, 2011 

recaptured and reobligated in accordance with section 517(c) of 

the OAA. 

FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during fiscal year 2012 of trade adjustment benefit payments and allowances under part I of subchapter B of 

chapter 2 of title II of the Trade Act of 1974, and section 246 

of that Act; and for training, employment and case management 

services, allowances for job search and relocation, and related State 

administrative expenses under part II of subchapter B of chapter 

2 of title II of the Trade Act of 1974, including benefit payments, 

allowances, training, employment and case management services, 

and related State administration provided pursuant to section 

231(a) of the Trade Adjustment Assistance Extension Act of 2011, 

$1,100,100,000, together with such amounts as may be necessary 

to be charged to the subsequent appropriation for payments for 

any period subsequent to September 15, 2012. 

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

For authorized administrative expenses, $86,231,000, together with not to exceed $3,958,441,000 which may be expended from 

the Employment Security Administration Account in the Unemployment Trust Fund (‘‘the Trust Fund’’), of which: 

(1) $3,181,154,000 from the Trust Fund is for grants to 

States for the administration of State unemployment insurance 

laws as authorized under title III of the Social Security Act 

(including not less than $10,000,000 to conduct in-person 

reemployment and eligibility assessments and unemployment 

insurance improper payment reviews), the administration of 

unemployment insurance for Federal employees and for exservice members as authorized under 5 U.S.C. 8501–8523, and 

the administration of trade readjustment allowances, reemployment trade adjustment assistance, and alternative trade adjustment assistance under the Trade Act of 1974 and under section 

231(a) of the Trade Adjustment Assistance Extension Act of 

2011, and shall be available for obligation by the States through 

December 31, 2012, except that funds used for automation 

acquisitions or competitive grants awarded to States for 

improved operations, or reemployment and eligibility assessments and improper payments shall be available for obligation 

by the States through September 30, 2014, and funds used 

for unemployment insurance workloads experienced by the 

States through September 30, 2012 shall be available for Federal obligation through December 31, 2012; (2) $11,287,000 from the Trust Fund is for national activities necessary to support the administration of the FederalState unemployment insurance system; (3) $679,531,000 from the Trust Fund, together with 

$22,638,000 from the General Fund of the Treasury, is for 

grants to States in accordance with section 6 of the WagnerPeyser Act, and shall be available for Federal obligation for 

the period July 1, 2012 through June 30, 2013; 

(4) $20,952,000 from the Trust Fund is for national activities of the Employment Service, including administration of 

the work opportunity tax credit under section 51 of the Internal 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1055 

Revenue Code of 1986, and the provision of technical assistance 

and staff training under the Wagner-Peyser Act, including not 

to exceed $1,228,000 that may be used for amortization payments to States which had independent retirement plans in 

their State employment service agencies prior to 1980; 

(5) $65,517,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under 

the Immigration and Nationality Act and related laws, of which 

$50,418,000 shall be available for the Federal administration 

of such activities, and $15,099,000 shall be available for grants 

to States for the administration of such activities; and 

(6) $63,593,000 from the General Fund is to provide 

workforce information, national electronic tools, and one-stop 

system building under the Wagner-Peyser Act and section 171 

(e)(2)(C) of the WIA and shall be available for Federal obligation 

for the period July 1, 2012 through June 30, 2013: 

Provided, That to the extent that the Average Weekly Insured 

Unemployment (‘‘AWIU’’) for fiscal year 2012 is projected by the 

Department of Labor to exceed 4,832,000, an additional $28,600,000 

from the Trust Fund shall be available for obligation for every 

100,000 increase in the AWIU level (including a pro rata amount 

for any increment less than 100,000) to carry out title III of the 

Social Security Act: Provided further, That funds appropriated in 

this Act that are allotted to a State to carry out activities under 

title III of the Social Security Act may be used by such State 

to assist other States in carrying out activities under such title 

III if the other States include areas that have suffered a major 

disaster declared by the President under the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act: Provided further, 

That the Secretary may use funds appropriated for grants to States 

under title III of the Social Security Act to make payments on 

behalf of States for the use of the National Directory of New 

Hires under section 453(j)(8) of such Act: Provided further, That 

funds appropriated in this Act which are used to establish a national 

one-stop career center system, or which are used to support the 

national activities of the Federal-State unemployment insurance 

or immigration programs, may be obligated in contracts, grants, 

or agreements with non-State entities: Provided further, That funds 

appropriated under this Act for activities authorized under title 

III of the Social Security Act and the Wagner-Peyser Act may 

be used by States to fund integrated Unemployment Insurance 

and Employment Service automation efforts, notwithstanding cost 

allocation principles prescribed under the Office of Management 

and Budget Circular A–87: Provided further, That the Secretary, 

at the request of a State participating in a consortium with other 

States, may reallot funds allotted to such State under title III 

of the Social Security Act to other States participating in the 

consortium in order to carry out activities that benefit the administration of the unemployment compensation law of the State making 

the request. 

In addition, $50,000,000 from the Employment Security 

Administration Account of the Unemployment Trust Fund shall 

be available to conduct in-person reemployment and eligibility 

assessments and unemployment insurance improper payment 

reviews. 


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125 STAT. 1056 PUBLIC LAW 112–74—DEC. 23, 2011 

ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

For repayable advances to the Unemployment Trust Fund as 

authorized by sections 905(d) and 1203 of the Social Security Act, 

and to the Black Lung Disability Trust Fund as authorized by 

section 9501(c)(1) of the Internal Revenue Code of 1986; and for 

nonrepayable advances to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to the ‘‘Federal Unemployment Benefits 

and Allowances’’ account, such sums as may be necessary, which 

shall be available for obligation through September 30, 2013. 

PROGRAM ADMINISTRATION

For expenses of administering employment and training pro- grams, $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 

Notification. 

Notification. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1057 

of the Committees on Appropriations of the House of Representatives and the Senate. 

WAGE AND HOUR DIVISION

SALARIES AND EXPENSES

For necessary expenses for the Wage and Hour Division, 

including reimbursement to State, Federal, and local agencies and 

their employees for inspection services rendered, $227,491,000. 

OFFICE OF LABOR MANAGEMENT STANDARDS

SALARIES AND EXPENSES

For necessary expenses for the Office of Labor Management Standards, $41,367,000. 

OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS

SALARIES AND EXPENSES

For necessary expenses for the Office of Federal Contract 

Compliance Programs, $105,386,000. 

OFFICE OF WORKERS’ COMPENSATION PROGRAMS

SALARIES AND EXPENSES

For necessary expenses for the Office of Workers’ Compensation 

Programs, $115,939,000, together with $2,124,000 which may be 

expended from the Special Fund in accordance with sections 39(c), 

44(d), and 44(j) of the Longshore and Harbor Worker’s Compensation Act. 

SPECIAL BENEFITS

(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation, benefits, and expenses 

(except administrative expenses) accruing during the current or 

any prior fiscal year authorized by 5 U.S.C. 81; continuation of 

benefits as provided for under the heading ‘‘Civilian War Benefits’’ 

in the Federal Security Agency Appropriation Act, 1947; the 

Employees’ Compensation Commission Appropriation Act, 1944; sections 4(c) and 5(f) of the War Claims Act of 1948; and 50 percent 

of the additional compensation and benefits required by section 

10(h) of the Longshore and Harbor Workers’ Compensation Act, 

$350,000,000, together with such amounts as may be necessary 

to be charged to the subsequent year appropriation for the payment 

of compensation and other benefits for any period subsequent to 

August 15 of the current year: Provided, That amounts appropriated 

may be used under 5 U.S.C. 8104 by the Secretary to reimburse 

an employer, who is not the employer at the time of injury, for 

portions of the salary of a re-employed, disabled beneficiary: Provided further, That balances of reimbursements unobligated on 

September 30, 2011, shall remain available until expended for 

the payment of compensation, benefits, and expenses: Provided 


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125 STAT. 1058 PUBLIC LAW 112–74—DEC. 23, 2011 

further, That in addition there shall be transferred to this appropriation from the Postal Service and from any other corporation or 

instrumentality required under 5 U.S.C. 8147(c) to pay an amount 

for its fair share of the cost of administration, such sums as the 

Secretary determines to be the cost of administration for employees 

of such fair share entities through September 30, 2012: Provided 

further, That of those funds transferred to this account from the 

fair share entities to pay the cost of administration of the Federal 

Employees’ Compensation Act, $59,488,000 shall be made available 

to the Secretary as follows: 

(1) For enhancement and maintenance of automated data 

processing systems and telecommunications systems, 

$17,253,000; 

(2) For automated workload processing operations, 

including document imaging, centralized mail intake, and medical bill processing, $26,769,000; 

(3) For periodic roll management and medical review, $15,466,000; and 

(4) The remaining funds shall be paid into the Treasury 

as miscellaneous receipts: 

Provided further, That the Secretary may require that any person 

filing a notice of injury or a claim for benefits under 5 U.S.C. 

81, or the Longshore and Harbor Workers’ Compensation Act, provide as part of such notice and claim, such identifying information 

(including Social Security account number) as such regulations 

may prescribe. 

SPECIAL BENEFITS FOR DISABLED COAL MINERS

For carrying out title IV of the Federal Mine Safety and Health 

Act of 1977, as amended by Public Law 107–275, $141,227,000, 

to remain available until expended. 

For making after July 31 of the current fiscal year, benefit 

payments to individuals under title IV of such Act, for costs incurred 

in the current fiscal year, such amounts as may be necessary. 

For making benefit payments under title IV for the first quarter of fiscal year 2013, $40,000,000, to remain available until expended. 

ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL

ILLNESS COMPENSATION FUND

For necessary expenses to administer the Energy Employees 

Occupational Illness Compensation Program Act, $52,147,000, to 

remain available until expended: Provided, That the Secretary may 

require that any person filing a claim for benefits under the Act 

provide as part of such claim such identifying information (including 

Social Security account number) as may be prescribed. 

BLACK LUNG DISABILITY TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

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 

26 USC 95001 

note. 

Determination. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1059 

from the Fund for fiscal year 2012 for expenses of operation and 

administration of the Black Lung Benefits program, as authorized 

by section 9501(d)(5): not to exceed $32,906,000 for transfer to 

the Office of Workers’ Compensation Programs, ‘‘Salaries and 

Expenses’’; not to exceed $25,217,000 for transfer to Departmental 

Management, ‘‘Salaries and Expenses’’; not to exceed $327,000 for 

transfer to Departmental Management, ‘‘Office of Inspector General’’; and not to exceed $356,000 for payments into miscellaneous 

receipts for the expenses of the Department of the Treasury. 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

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; 

Small businesses. 

Farms and 

farming. 

Fees. 


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125 STAT. 1060 PUBLIC LAW 112–74—DEC. 23, 2011 

(3) to take any action authorized by the Act with respect 

to imminent dangers; 

(4) to take any action authorized by the Act with respect 

to health hazards; 

(5) to take any action authorized by the Act with respect 

to a report of an employment accident which is fatal to one 

or more employees or which results in hospitalization of two 

or more employees, and to take any action pursuant to such 

investigation authorized by the Act; and 

(6) to take any action authorized by the Act with respect 

to complaints of discrimination against employees for exercising 

rights under the Act: 

Provided further, That the foregoing proviso shall not apply to 

any person who is engaged in a farming operation which does 

not maintain a temporary labor camp and employs 10 or fewer 

employees: Provided further, That $10,729,000 shall be available 

for Susan Harwood training grants. 

MINE SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the Mine Safety and Health 

Administration, $374,000,000, including purchase and bestowal of 

certificates and trophies in connection with mine rescue and firstaid work, and the hire of passenger motor vehicles, including up 

to $2,000,000 for mine rescue and recovery activities; in addition, 

not to exceed $750,000 may be collected by the National Mine 

Health and Safety Academy for room, board, tuition, and the sale 

of training materials, otherwise authorized by law to be collected, 

to be available for mine safety and health education and training 

activities, notwithstanding 31 U.S.C. 3302; and, in addition, the 

Mine Safety and Health Administration may retain up to $1,499,000 

from fees collected for the approval and certification of equipment, 

materials, and explosives for use in mines, and may utilize such 

sums for such activities; and, in addition, the Secretary may transfer 

from amounts provided under this heading up to $3,000,000 to 

‘‘Departmental Management’’ for activities related to the Office 

of the Solicitor’s caseload before the Federal Mine Safety and Health 

Review Commission; the Secretary is authorized to accept lands, 

buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other 

agencies, Federal, State, or private; the Mine Safety and Health 

Administration is authorized to promote health and safety education 

and training in the mining community through cooperative programs with States, industry, and safety associations; the Secretary 

is authorized to recognize the Joseph A. Holmes Safety Association 

as a principal safety association and, notwithstanding any other 

provision of law, may provide funds and, with or without reimbursement, personnel, including service of Mine Safety and Health 

Administration officials as officers in local chapters or in the 

national organization; and any funds available to the Department 

of Labor may be used, with the approval of the Secretary, to 

provide for the costs of mine rescue and survival operations in 

the event of a major disaster. 

30 USC 962. 

Farms and 

farming. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1061 

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 


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125 STAT. 1062 PUBLIC LAW 112–74—DEC. 23, 2011 

Fund to carry out the provisions of 38 U.S.C. 4100–4113, 4211– 

4215, and 4321–4327, and Public Law 103–353, and which shall 

be available for obligation by the States through December 31, 

2012, of which $2,444,000 is for the National Veterans’ Employment 

and Training Services Institute. 

In addition, to carry out Department of Labor programs under 

section 5(a)(1) of the Homeless Veterans Comprehensive Assistance 

Act of 2001 and the Veterans Workforce Investment Programs 

under section 168 of the WIA, $52,879,000, of which $14,622,000 

shall be available for obligation for the period July 1, 2012 through 

June 30, 2013. 

IT MODERNIZATION

For necessary expenses for Department of Labor centralized 

infrastructure technology investment activities related to support 

systems and modernization, $19,852,000. 

OFFICE OF INSPECTOR GENERAL

For salaries and expenses of the Office of Inspector General 

in carrying out the provisions of the Inspector General Act of 

1978, $77,937,000, together with not to exceed $5,909,000 which 

may be expended from the Employment Security Administration 

Account in the Unemployment Trust Fund. 

GENERAL PROVISIONS

SEC. 101. None of the funds appropriated by this Act for the 

Job Corps shall be used to pay the salary and bonuses of an 

individual, either as direct costs or any proration as an indirect 

cost, at a rate in excess of Executive Level II. 

(TRANSFER OF FUNDS)

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 

Child labor. 

Notification. 

Deadline. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1063 

for any purpose other than competitive grants for training in the 

occupations and industries for which employers are using H–1B 

visas to hire foreign workers, and the related activities necessary 

to support such training. 

SEC. 105. None of the funds made available by this Act under 

the heading ‘‘Employment and Training Administration’’ shall be 

used by a recipient or subrecipient of such funds to pay the salary 

and bonuses of an individual, either as direct costs or indirect 

costs, at a rate in excess of Executive Level II. This limitation 

shall not apply to vendors providing goods and services as defined 

in Office of Management and Budget Circular A–133. Where States 

are recipients of such funds, States may establish a lower limit 

for salaries and bonuses of those receiving salaries and bonuses 

from subrecipients of such funds, taking into account factors 

including the relative cost-of-living in the State, the compensation 

levels for comparable State or local government employees, and 

the size of the organizations that administer Federal programs 

involved including Employment and Training Administration programs. Notwithstanding this section, the limitation on salaries for 

the Job Corps shall continue to be governed by section 101. 

SEC. 106. The Secretary shall take no action to amend, through 

regulatory or administration action, the definition established in 

section 667.220 of title 20 of the Code of Federal Regulations 

for functions and activities under title I of WIA, or to modify, 

through regulatory or administrative action, the procedure for 

redesignation of local areas as specified in subtitle B of title I 

of that Act (including applying the standards specified in section 

116(a)(3)(B) of that Act, but notwithstanding the time limits specified in section 116(a)(3)(B) of that Act), until such time as legislation 

reauthorizing the Act is enacted. Nothing in the preceding sentence 

shall permit or require the Secretary to withdraw approval for 

such redesignation from a State that received the approval not 

later than October 12, 2005, or to revise action taken or modify 

the redesignation procedure being used by the Secretary in order 

to complete such redesignation for a State that initiated the process 

of such redesignation by submitting any request for such redesignation not later than October 26, 2005. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 107. Notwithstanding section 102, the Secretary may 

transfer funds made available to the Employment and Training 

Administration by this Act or by Public Law 112–10, either directly 

or through a set-aside, for technical assistance services to grantees 

to ‘‘Program Administration’’ when it is determined that those services will be more efficiently performed by Federal employees. 

(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 

Plan. 

Deadline. 


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125 STAT. 1064 PUBLIC LAW 112–74—DEC. 23, 2011 

of the Department of Labor submits a plan to the Committees 

on Appropriations of the House of Representatives and the Senate 

describing the evaluations to be carried out 15 days in advance 

of any transfer. 

(b) The accounts referred to in subsection (a) are: ‘‘Office of 

Job Corps’’, ‘‘State Unemployment Insurance and Employment 

Service Operations’’, ‘‘Employee Benefits Security Administration’’, 

‘‘Office of Workers’ Compensation Programs’’, ‘‘Wage and Hour Division’’, ‘‘Office of Federal Contract Compliance Programs’’, ‘‘Office 

of Labor Management Standards’’, ‘‘Occupational Safety and Health 

Administration’’, ‘‘Mine Safety and Health Administration’’, and 

‘‘Veterans Employment and Training’’. 

SEC. 109. None of the funds made available by this Act may 

be used to promulgate the Definition of ‘‘Fiduciary’’ regulation 

(Regulatory Identification Number 1210–AB32) published by the 

Employee Benefits Security Administration of the Department of 

Labor on October 22, 2010 (75 Fed. Reg. 65263). 

SEC. 110. None of the amounts made available under this 

Act may be used to implement the rule entitled ‘‘Wage Methodology 

for the Temporary Non-Agricultural Employment H–2B Program’’ 

(76 Fed. Reg. 3452 (January 19, 2011)). 

SEC. 111. None of the funds made available by this Act may 

be used to continue the development of or to promulgate, administer, 

enforce, or otherwise implement the Occupational Injury and Illness 

Recording and Reporting Requirements—Musculoskeletal Disorders 

(MSD) Column regulation (Regulatory Identification Number 1218– 

AC45) being developed by the Occupational Safety and Health 

Administration of the Department of Labor. 

SEC. 112. None of the funds made available by this Act may 

be used to implement or enforce the proposed rule entitled ‘‘Lowering Miners’ Exposure to Coal Mine Dust, Including Continuous 

Personal Dust Monitors’’ regulation published by the Mine Safety 

and Health Administration (MSHA) of the Department of Labor 

on October 19, 2010 (75 Fed. Reg. 64412, RIN 1219–AB64) until— 

(1) the Government Accountability Office— 

(A) issues, at a minimum, an interim report which— 

(i) evaluates the completeness of MSHA’s data 

collection and sampling, to include an analysis of 

whether such data supports current trends of the 

incidence of lung disease arising from occupational 

exposure to respirable coal mine dust across working 

underground coal miners; and 

(ii) assesses the sufficiency of MSHA’s analytical 

methodology; and 

(B) not later than 240 days after enactment of this 

Act, submits the report described in subparagraph (A) to 

the Committees on Appropriations of the House of Representatives and the Senate; or 

(2) the deadline described in paragraph (1)(B) for submission of the report has passed. 

SEC. 113. None of the funds made available by this Act may 

be used by the Secretary to administer or enforce 29 CFR 

779.372(c)(4). 

This title may be cited as the ‘‘Department of Labor Appropriations Act, 2012’’. 

Deadline. 

Reports. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1065 

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 

Fees. 

Waiver authority. 

Department of 

Health and 

Human Services 

Appropriation 

Act, 2012. 


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125 STAT. 1066 PUBLIC LAW 112–74—DEC. 23, 2011 

Security Act, and section 712 of the American Jobs Creation Act 

of 2004, $863,607,000: Provided, That notwithstanding sections 

502(a)(1) and 502(b)(1) of the Social Security Act, not more than 

$79,586,000 shall be available for carrying out special projects 

of regional and national significance pursuant to section 501(a)(2) 

of such Act and $10,400,000 shall be available for projects described 

in paragraphs (A) through (F) of section 501(a)(3) of such Act. 

RYAN WHITE HIV/AIDS PROGRAM

For carrying out title XXVI of the PHS Act with respect to the Ryan White HIV/AIDS program, $2,326,665,000, of which 

$1,995,670,000 shall remain available to the Secretary of Health 

and Human Services through September 30, 2014, for parts A 

and B of title XXVI of the PHS Act, and of which not less than 

$900,000,000 shall be for State AIDS Drug Assistance Programs 

under the authority of section 2616 or 311(c) of such Act: Provided, That in addition to amounts provided herein, $25,000,000 shall 

be available from amounts available under section 241 of the PHS 

Act to carry out parts A, B, C, and D of title XXVI of the PHS 

Act to fund Special Projects of National Significance under section 

2691. 

HEALTH CARE SYSTEMS

For carrying out titles III and XII of the PHS Act with respect 

to health care systems, and the Stem Cell Therapeutic and Research 

Act of 2005, $83,526,000. 

RURAL HEALTH

For carrying out titles III and IV of the PHS Act with respect 

to rural health, section 427(a) of the Federal Coal Mine Health 

and Safety Act, the Cardiac Arrest Survival Act of 2000, and sections 711 and 1820 of the Social Security Act, $139,832,000, of 

which $41,118,000 from general revenues, notwithstanding section 

1820(j) of the Social Security Act, shall be available for carrying 

out the Medicare rural hospital flexibility grants program: Provided, 

That of the funds made available under this heading for Medicare 

rural hospital flexibility grants, $15,000,000 shall be available for 

the Small Rural Hospital Improvement Grant Program for quality 

improvement and adoption of health information technology and 

$1,000,000 shall be to carry out section 1820(g)(6) of the Social 

Security Act, with funds provided for grants under section 1820(g)(6) 

available for the purchase and implementation of telehealth services, including pilots and demonstrations on the use of electronic 

health records to coordinate rural veterans care between rural 

providers and the Department of Veterans Affairs electronic health 

record system: Provided further, That notwithstanding section 

338J(k) of the PHS Act, $10,055,000 shall be available for State 

Offices of Rural Health. 

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 

Abortion. 


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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. 


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125 STAT. 1068 PUBLIC LAW 112–74—DEC. 23, 2011 

CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION

For carrying out titles II, III, VII, XI, XV, XVII, and XIX 

of the PHS Act with respect to chronic disease prevention and 

health promotion, $760,700,000: Provided, That funds appropriated 

under this account may be available for making grants under section 

1509 of the PHS Act for not less than 21 States, tribes, or tribal 

organizations. 

BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, DISABILITIES AND

HEALTH

For carrying out titles II, III, VII, XI, and XVII of the PHS 

Act with respect to birth defects, developmental disabilities, disabilities and health, $138,072,000. 

PUBLIC HEALTH SCIENTIFIC SERVICES

For carrying out titles II and III of the PHS Act with respect 

to health statistics, surveillance, informatics, and workforce development, $144,795,000: Provided, That in addition to amounts provided 

herein, $247,769,000 shall be available from amounts available 

under section 241 of the PHS Act to carry out Public Health 

Scientific Services. 

ENVIRONMENTAL HEALTH

For carrying out titles II, III, VII, and XVII of the PHS Act 

with respect to environmental health, $105,598,000. 

INJURY PREVENTION AND CONTROL

For carrying out titles II, III, VII, and XVII of the PHS Act 

with respect to injury prevention and control, $138,480,000. 

NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH

For carrying out titles II, III, VII, and XVII of the PHS Act, 

sections 101, 102, 103, 201, 202, 203, 301, 501, and 514 of the 

Federal Mine Safety and Health Act, section 13 of the Mine 

Improvement and New Emergency Response Act, and sections 20, 

21, and 22 of the Occupational Safety and Health Act, with respect 

to occupational safety and health, $182,903,000: Provided, That 

in addition to amounts provided herein, $110,724,000 shall be available from amounts available under section 241 of the PHS Act. 

EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM

For necessary expenses to administer the Energy Employees 

Occupational Illness Compensation Program Act, $55,358,000, to 

remain available until expended, of which $4,500,000 shall be for 

use by or in support of the Advisory Board on Radiation and 

Worker Health (‘‘Board’’) to carry out its statutory responsibilities, 

including obtaining audits, technical assistance, and other support 

from the Board’s audit contractor with regard to radiation dose 

estimation and reconstruction efforts, site profiles, procedures, and 

review of Special Exposure Cohort petitions and evaluation reports: 

Provided, That this amount shall be available consistent with the 


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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, 


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125 STAT. 1070 PUBLIC LAW 112–74—DEC. 23, 2011 

such sums as may be derived from authorized user fees, which 

shall be credited to the appropriation charged with the cost thereof: 

Provided further, That with respect to the previous proviso, authorized user fees from the Vessel Sanitation Program shall be available 

through September 30, 2013: Provided further, That of the funds 

made available under this heading, up to $1,000 per eligible 

employee of CDC shall be made available until expended for Individual Learning Accounts: Provided further, That CDC may establish a Working Capital Fund, with the authorities equivalent to 

those provided in 42 U.S.C. 231, to improve the provision of supplies 

and service. 

NATIONAL INSTITUTES OF HEALTH

NATIONAL CANCER INSTITUTE

For carrying out section 301 and title IV of the PHS Act with respect to cancer, $5,081,788,000, of which up to $8,000,000 

may be used for facilities repairs and improvements at the National 

Cancer Institute—Frederick Federally Funded Research and 

Development Center in Frederick, Maryland. 

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

For carrying out section 301 and title IV of the PHS Act 

with respect to cardiovascular, lung, and blood diseases, and blood 

and blood products, $3,084,851,000. 

NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH

For carrying out section 301 and title IV of the PHS Act 

with respect to dental disease, $411,488,000. 

NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY

DISEASES

For carrying out section 301 and title IV of the PHS Act 

with respect to diabetes and digestive and kidney disease, 

$1,800,447,000. 

NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

For carrying out section 301 and title IV of the PHS Act 

with respect to neurological disorders and stroke, $1,629,445,000. 

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

For carrying out section 301 and title IV of the PHS Act 

with respect to allergy and infectious diseases, $4,499,215,000. 

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

For carrying out section 301 and title IV of the PHS Act 

with respect to general medical sciences, $2,434,637,000: Provided, 

That not less than $276,480,000 is provided for the Institutional 

Development Awards program. 


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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. 


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125 STAT. 1072 PUBLIC LAW 112–74—DEC. 23, 2011 

NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING

For carrying out section 301 and title IV of the PHS Act 

with respect to biomedical imaging and bioengineering research, 

$338,998,000. 

NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE

MEDICINE

For carrying out section 301 and title IV of the PHS Act 

with respect to complementary and alternative medicine, 

$128,299,000. 

NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES

For carrying out section 301 and title IV of the PHS Act 

with respect to minority health and health disparities research, 

$276,963,000. 

JOHN E. FOGARTY INTERNATIONAL CENTER

For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of 

the PHS Act), $69,754,000. 

NATIONAL LIBRARY OF MEDICINE

For carrying out section 301 and title IV of the PHS Act 

with respect to health information communications, $338,278,000, 

of which $4,000,000 shall be available until September 30, 2013, 

for improvement of information systems: Provided, That in fiscal 

year 2012, the National Library of Medicine may enter into personal 

services contracts for the provision of services in facilities owned, 

operated, or constructed under the jurisdiction of the National 

Institutes of Health (referred to in this title as ‘‘NIH’’): Provided 

further, That in addition to amounts provided herein, $8,200,000 

shall be available from amounts available under section 241 of 

the PHS Act to carry out the purposes of the National Information 

Center on Health Services Research and Health Care Technology 

established under section 478A of the PHS Act and related health 

services. 

NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES

For carrying out section 301 and title IV of the PHS Act 

with respect to translational sciences, $576,456,000: Provided, That 

up to $10,000,000 shall be available to implement section 402C 

of the PHS Act, relating to the Cures Acceleration Network: Provided further, That funds appropriated may be used to support 

the reorganization and activities required to eliminate the National 

Center for Research Resources: Provided further, That the Director 

of the NIH shall ensure that, of all funds made available to 

Institute, Center, and Office of the Director accounts within 

‘‘Department of Health and Human Services, National Institutes 

of Health’’, at least $487,767,000 is provided to the Clinical and 

Translational Sciences Awards program. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1073 

OFFICE OF THE DIRECTOR

For carrying out the responsibilities of the Office of the Director, 

NIH, $1,461,880,000, of which up to $25,000,000 shall be used 

to carry out section 213 of this Act: Provided, That funding shall 

be available for the purchase of not to exceed 29 passenger motor 

vehicles for replacement only: Provided further, That NIH is authorized to collect third-party payments for the cost of clinical services 

that are incurred in NIH research facilities and that such payments 

shall be credited to the NIH Management Fund: Provided further, 

That all funds credited to the NIH Management Fund shall remain 

available for one fiscal year after the fiscal year in which they 

are deposited: Provided further, That $193,880,000 shall be available for continuation of the National Children’s Study: Provided 

further, That $545,962,000 shall be available for the Common Fund 

established under section 402A(c)(1) of the PHS Act: Provided further, That of the funds provided $10,000 shall be for official reception and representation expenses when specifically approved by 

the Director of the NIH: Provided further, That the Office of AIDS 

Research within the Office of the Director of the NIH may spend 

up to $8,000,000 to make grants for construction or renovation 

of facilities as provided for in section 2354(a)(5)(B) of the PHS 

Act. 

BUILDINGS AND FACILITIES

For the study of, construction of, renovation of, and acquisition 

of equipment for, facilities of or used by NIH, including the acquisition of real property, $125,581,000, to remain available until September 30, 2016. 

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

MENTAL HEALTH

For carrying out titles III, V, and XIX of the PHS Act with 

respect to mental health, and the Protection and Advocacy for 

Individuals with Mental Illness Act, $934,853,000: Provided, That 

notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated for carrying out section 520A shall be available for carrying 

out section 1971 of the PHS Act: Provided further, That in addition 

to amounts provided herein, $21,039,000 shall be available under 

section 241 of the PHS Act to carry out subpart I of part B 

of title XIX of the PHS Act to fund section 1920(b) technical assistance, national data, data collection and evaluation activities, and 

further that the total available under this Act for section 1920(b) 

activities shall not exceed 5 percent of the amounts appropriated 

for subpart I of part B of title XIX: Provided further, That section 

520E(b)(2) of the PHS Act shall not apply to funds appropriated 

under this Act for fiscal year 2012: Provided further, That of the 

amount appropriated under this heading, $45,800,000 shall be for 

the National Child Traumatic Stress Initiative as described in section 582 of the PHS Act. 

SUBSTANCE ABUSE TREATMENT

For carrying out titles III, V, and XIX of the PHS Act with 

respect to substance abuse treatment and section 1922(a) of the 


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125 STAT. 1074 PUBLIC LAW 112–74—DEC. 23, 2011 

PHS Act with respect to substance abuse prevention, 

$2,123,993,000: Provided, That in addition to amounts provided 

herein, the following amounts shall be available under section 241 

of the PHS Act: (1) $79,200,000 to carry out subpart II of part 

B of title XIX of the PHS Act to fund section 1935(b) technical 

assistance, national data, data collection and evaluation activities, 

and further that the total available under this Act for section 

1935(b) activities shall not exceed 5 percent of the amounts appropriated for subpart II of part B of title XIX; and (2) $2,000,000 

to evaluate substance abuse treatment programs: Provided further, 

That no funds shall be available for the National All Schedules 

Prescription Reporting system. 

SUBSTANCE ABUSE PREVENTION

For carrying out titles III and V of the PHS Act with respect 

to substance abuse prevention, $186,361,000. 

HEALTH SURVEILLANCE AND PROGRAM SUPPORT

For program support and cross-cutting activities that supplement activities funded under the headings ‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance Abuse Prevention’’ in 

carrying out titles III, V, and XIX of the PHS Act and the Protection 

and Advocacy for Individuals with Mental Illness Act in the Substance Abuse and Mental Health Services Administration, 

$109,106,000: Provided, That in addition to amounts provided 

herein, $27,428,000 shall be available under section 241 of the 

PHS Act to supplement funds available to carry out national surveys 

on drug abuse and mental health, to collect and analyze program 

data, and to conduct public awareness and technical assistance 

activities: Provided further, That funds made available under this 

heading may be used to supplement program support funding provided under the headings ‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance Abuse Prevention’’. 

AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

HEALTHCARE RESEARCH AND QUALITY

For carrying out titles III and IX of the PHS Act, part A 

of title XI of the Social Security Act, and section 1013 of the 

Medicare Prescription Drug, Improvement, and Modernization Act 

of 2003, $369,053,000 shall be available from amounts available 

under section 241 of the PHS Act, notwithstanding subsection 947(c) 

of such Act: Provided, That in addition, amounts received from 

Freedom of Information Act fees, reimbursable and interagency 

agreements, and the sale of data shall be credited to this appropriation and shall remain available until September 30, 2013. 

CENTERS FOR MEDICARE AND MEDICAID SERVICES

GRANTS TO STATES FOR MEDICAID

For carrying out, except as otherwise provided, titles XI and 

XIX of the Social Security Act, $184,279,110,000, to remain available until expended. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1075 

For making, after May 31, 2012, payments to States under 

title XIX or in the case of section 1928 on behalf of States under 

title XIX of the Social Security Act for the last quarter of fiscal 

year 2012 for unanticipated costs incurred for the current fiscal 

year, such sums as may be necessary. 

For making payments to States or in the case of section 1928 

on behalf of States under title XIX of the Social Security Act 

for the first quarter of fiscal year 2013, $90,614,082,000, to remain 

available until expended. 

Payment under such title XIX may be made for any quarter 

with respect to a State plan or plan amendment in effect during 

such quarter, if submitted in or prior to such quarter and approved 

in that or any subsequent quarter. 

PAYMENTS TO HEALTH CARE TRUST FUNDS

For payment to the Federal Hospital Insurance Trust Fund 

and the Federal Supplementary Medical Insurance Trust Fund, 

as provided under sections 217(g), 1844, and 1860D–16 of the Social 

Security Act, sections 103(c) and 111(d) of the Social Security 

Amendments of 1965, section 278(d)(3) of Public Law 97–248, and 

for administrative expenses incurred pursuant to section 201(g) 

of the Social Security Act, $230,741,378,000. 

In addition, for making matching payments under section 1844 

and benefit payments under section 1860D–16 of the Social Security 

Act that were not anticipated in budget estimates, such sums as 

may be necessary. 

PROGRAM MANAGEMENT

For carrying out, except as otherwise provided, titles XI, XVIII, 

XIX, and XXI of the Social Security Act, titles XIII and XXVII 

of the PHS Act, the Clinical Laboratory Improvement Amendments 

of 1988, and other responsibilities of the Centers for Medicare 

and Medicaid Services, not to exceed $3,879,476,000, to be transferred from the Federal Hospital Insurance Trust Fund and the 

Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act; together with 

all funds collected in accordance with section 353 of the PHS 

Act and section 1857(e)(2) of the Social Security Act, funds retained 

by the Secretary pursuant to section 302 of the Tax Relief and 

Health Care Act of 2006; and such sums as may be collected 

from authorized user fees and the sale of data, which shall be 

credited to this account and remain available until September 30, 

2017: Provided, That all funds derived in accordance with 31 U.S.C. 

9701 from organizations established under title XIII of the PHS 

Act shall be credited to and available for carrying out the purposes 

of this appropriation: Provided further, That $34,000,000, to remain 

available through September 30, 2013, shall be for contract costs 

for the Healthcare Integrated General Ledger Accounting System: 

Provided further, That the Secretary is directed to collect fees 

in fiscal year 2012 from Medicare Advantage organizations pursuant 

to section 1857(e)(2) of the Social Security Act and from eligible 

organizations with risk-sharing contracts under section 1876 of 

that Act pursuant to section 1876(k)(4)(D) of that Act: Provided 

further, That $44,000,000 shall be available for the State highrisk health insurance pool program as authorized by the State 

High Risk Pool Funding Extension Act of 2006. 

Fees. 


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125 STAT. 1076 PUBLIC LAW 112–74—DEC. 23, 2011 

HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

In addition to amounts otherwise available for program integ- rity 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 

Reports. 


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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. 


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125 STAT. 1078 PUBLIC LAW 112–74—DEC. 23, 2011 

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 

Procedures. 

Time period. 

42 USC 9921 

note. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1079 

after a period of not more than 12 years after the end of the 

grant period for any activity consistent with section 680(a)(2)(A) 

of the CSBG Act: Provided further, That intangible assets in the 

form of loans, equity investments and other debt instruments, and 

program income may be used by grantees for any eligible purpose 

consistent with section 680(a)(2)(A) of the CSBG Act: Provided 

further, That these procedures shall apply to such grant funds 

made available after November 29, 1999: Provided further, That 

funds appropriated for section 680(a)(2) of the CSBG Act shall 

be available for financing construction and rehabilitation and loans 

or investments in private business enterprises owned by community 

development corporations: Provided further, That $5,245,000 shall 

be for activities authorized by section 291 of the Help America 

Vote Act of 2002: Provided further, That $1,996,000 shall be for 

a human services case management system for federally declared 

disasters, to include a comprehensive national case management 

contract and Federal costs of administering the system: Provided 

further, That up to $2,000,000 shall be for improving the Public 

Assistance Reporting Information System, including grants to 

States to support data collection for a study of the system’s effectiveness. 

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), 

Applicability. 


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125 STAT. 1080 PUBLIC LAW 112–74—DEC. 23, 2011 

except that such funds may be used for necessary expenses associated with administering any such grants awarded prior to the 

date of the enactment of this Act: Provided further, That the total 

amount available for fiscal year 2012 under this and any other 

Act to carry out activities related to Aging and Disability Resource 

Centers under subsections (a)(20)(B)(iii) and (b)(8) of section 202 

of the OAA shall not exceed the amount obligated for such purposes 

for fiscal year 2010 from funds available under Public Law 111– 

117: Provided further, That notwithstanding any other provision 

of this Act, funds made available under this heading to carry 

out section 311 of the OAA may be transferred to the Secretary 

of Agriculture in accordance with such section. 

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

For necessary expenses, not otherwise provided, for general 

departmental management, including hire of six passenger motor 

vehicles, and for carrying out titles III, XVII, and XXI of the 

PHS Act, the United States-Mexico Border Health Commission 

Act, and research studies under section 1110 of the Social Security 

Act, $475,221,000, together with $69,211,000 from the amounts 

available under section 241 of the PHS Act to carry out national 

health or human services research and evaluation activities: Provided, That of this amount, $53,783,000 shall be for minority AIDS 

prevention and treatment activities: Provided further, That of the 

funds made available under this heading, $104,790,000 shall be 

for making competitive contracts and grants to public and private 

entities to fund medically accurate and age appropriate programs 

that reduce teen pregnancy and for the Federal costs associated 

with administering and evaluating such contracts and grants, of 

which not less than $75,000,000 shall be for replicating programs 

that have been proven effective through rigorous evaluation to 

reduce teenage pregnancy, behavioral risk factors underlying teenage pregnancy, or other associated risk factors, of which not less 

than $25,000,000 shall be available for research and demonstration 

grants to develop, replicate, refine, and test additional models and 

innovative strategies for preventing teenage pregnancy, and of 

which any remaining amounts shall be available for training and 

technical assistance, evaluation, outreach, and additional program 

support activities: Provided further, That of the amounts provided 

under this heading from amounts available under section 241 of 

the PHS Act, $8,455,000 shall be available to carry out evaluations 

(including longitudinal evaluations) of teenage pregnancy prevention approaches: Provided further, That of the funds made available 

under this heading, $5,000,000 shall be for making competitive 

grants to provide abstinence education (as defined by section 

510(b)(2)(A)–(H) of the Social Security Act) to adolescents, and 

for Federal costs of administering the grant: Provided further, That 

grants made under the authority of section 510(b)(2)(A)–(H) of 

the Social Security Act shall be made only to public and private 

entities that agree that, with respect to an adolescent to whom 

the entities provide abstinence education under such grant, the 

entities will not provide to that adolescent any other education 

regarding sexual conduct, except that, in the case of an entity 

expressly required by law to provide health information or services 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1081 

the adolescent shall not be precluded from seeking health information or services from the entity in a different setting than the 

setting in which abstinence education was provided: Provided further, That funds provided in this Act for embryo adoption activities 

may be used to provide to individuals adopting embryos, through 

grants and other mechanisms, medical and administrative services 

deemed necessary for such adoptions: Provided further, That such 

services shall be provided consistent with 42 CFR 59.5(a)(4). 

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. 

Embryo adoption. 


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125 STAT. 1082 PUBLIC LAW 112–74—DEC. 23, 2011 

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary to support activities related to countering potential biological, nuclear, radiological, chemical, and 

cybersecurity threats to civilian populations, and for other public 

health emergencies, $569,452,000; of which $10,000,000 shall 

remain available until September 30, 2014, to support emergency 

operations. 

From funds transferred to this account pursuant to the fourth 

paragraph under this heading in Public Law 111–117, up to 

$415,000,000 shall be available for expenses necessary to support 

advanced research and development pursuant to section 319L of 

the PHS Act, and other administrative expenses of the Biomedical 

Advanced Research and Development Authority to support additional advanced research and development. 

GENERAL PROVISIONS

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 

Determination. 

Reports. 

Government 

employees. 

Children and 

youth. 

AIDS. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1083 

in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified 

at least 15 days in advance of any transfer. 

(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 

Abortion. 

Child abuse. 

Certification. 

Family planning. 

Children and 

youth. 

Notification. 

Deadline. 

Notification. 

Deadline. 


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125 STAT. 1084 PUBLIC LAW 112–74—DEC. 23, 2011 

is exercised in a manner consistent with section 207 of the 

Foreign Service Act of 1980 and other applicable statutes 

administered by the Department of State. 

(2) The Secretary is authorized to provide such funds by 

advance or reimbursement to the Secretary of State as may 

be necessary to pay the costs of acquisition, lease, alteration, 

renovation, and management of facilities outside of the United 

States for the use of HHS. The Department of State shall 

cooperate fully with the Secretary to ensure that HHS has 

secure, safe, functional facilities that comply with applicable 

regulation governing location, setback, and other facilities 

requirements and serve the purposes established by this Act. 

The Secretary is authorized, in consultation with the Secretary 

of State, through grant or cooperative agreement, to make 

available to public or nonprofit private institutions or agencies 

in participating foreign countries, funds to acquire, lease, alter, 

or renovate facilities in those countries as necessary to conduct 

programs of assistance for international health activities, 

including activities relating to HIV/AIDS and other infectious 

diseases, chronic and environmental diseases, and other health 

activities abroad. 

(3) The Secretary is authorized to provide to personnel 

appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those provided under chapter 

9 of title I of the Foreign Service Act of 1980, and 22 U.S.C. 

4081 through 4086 and subject to such regulations prescribed 

by the Secretary. The Secretary is further authorized to provide 

locality-based comparability payments (stated as a percentage) 

up to the amount of the locality-based comparability payment 

(stated as a percentage) that would be payable to such personnel under section 5304 of title 5, United States Code if 

such personnel’s official duty station were in the District of 

Columbia. Leaves of absence for personnel under this subsection 

shall be on the same basis as that provided under subchapter 

I of chapter 63 of title 5, United States Code, or section 903 

of the Foreign Service Act of 1980, to individuals serving in 

the Foreign Service. 

SEC. 213. (a) AUTHORITY.—Notwithstanding any other provision 

of law, the Director of NIH (‘‘Director’’) may use funds available 

under section 402(b)(7) or 402(b)(12) of the PHS Act to enter into 

transactions (other than contracts, cooperative agreements, or 

grants) to carry out research identified pursuant to such section 

402(b)(7) (pertaining to the Common Fund) or research and activities described in such section 402(b)(12). 

(b) PEER REVIEW.—In entering into transactions under subsection (a), the Director may utilize such peer review procedures 

(including consultation with appropriate scientific experts) as the 

Director determines to be appropriate to obtain assessments of 

scientific and technical merit. Such procedures shall apply to such 

transactions in lieu of the peer review and advisory council review 

procedures that would otherwise be required under sections 

301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the 

PHS Act. 

SEC. 214. Funds which are available for Individual Learning 

Accounts for employees of CDC and the Agency for Toxic Substances 

and Disease Registry (‘‘ATSDR’’) may be transferred to appropriate 

accounts of CDC, to be available only for Individual Learning 

Applicability. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1085 

Accounts: Provided, That such funds may be used for any individual 

full-time equivalent employee while such employee is employed 

either by CDC or ATSDR. 

SEC. 215. Notwithstanding any other provisions of law, discretionary funds made available in this Act may be used to continue 

operating the Council on Graduate Medical Education established 

by section 301 of Public Law 102–408. 

SEC. 216. Not to exceed $45,000,000 of funds appropriated 

by this Act to the institutes and centers of the National Institutes 

of Health may be used for alteration, repair, or improvement of 

facilities, as necessary for the proper and efficient conduct of the 

activities authorized herein, at not to exceed $3,500,000 per project. 

(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 

Deadline. 

Web site. 

Public 

information. 

42 USC 300u–11 

note. 

Federal Register, 

publication. 

Gun control. 

42 USC 2940 

note. 


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125 STAT. 1086 PUBLIC LAW 112–74—DEC. 23, 2011 

of the recipient, to be posted not later than 5 days after the 

award is made. 

(4) A report detailing the uses of all funds transferred 

under section 4002(c) during the fiscal year, to be posted not 

later than 90 days after the end of the fiscal year. 

(5) Semi-annual reports from each entity awarded a grant, 

cooperative agreement, or contract from such funds with a 

value of $25,000 or more, summarizing the activities undertaken and identifying any sub-grants or sub-contracts awarded 

(including the purpose of the award and the identity of the 

recipient), to be posted not later than 30 days after the end 

of each 6-month period. 

SEC. 221. (a) ESTABLISHMENT OF NATIONAL CENTER FOR

ADVANCING TRANSLATIONAL SCIENCES; ELIMINATION OF NATIONAL

CENTER FOR RESEARCH RESOURCES.— (1) IN GENERAL.—Subpart 1 of part E of title IV of the 

Public Health Service Act (42 U.S.C. 287 et seq.) is amended— 

(A) in the subpart heading, by striking ‘‘National 

Center for Research Resources’’ and inserting ‘‘National 

Center for Advancing Translational Sciences’’; 

(B) by striking sections 480 and 481; and 

(C) by amending section 479 to read as follows: 

‘‘SEC. 479. NATIONAL CENTER FOR ADVANCING TRANSLATIONAL 

SCIENCES. 

‘‘(a) PURPOSE.—The purpose of the National Center for 

Advancing Translational Sciences (in this subpart referred to as 

the ‘Center’) is to advance translational sciences, including by— 

‘‘(1) coordinating and developing resources that leverage 

basic research in support of translational science; and 

‘‘(2) developing partnerships and working cooperatively to 

foster synergy in ways that do not create duplication, redundancy, and competition with industry activities. 

‘‘(b) CLINICAL TRIAL ACTIVITIES.— 

‘‘(1) IN GENERAL.—The Center may develop and provide 

infrastructure and resources for all phases of clinical trials 

research. Except as provided in paragraph (2), the Center may 

support clinical trials only through the end of phase IIA. 

‘‘(2) EXCEPTION.—The Center may support clinical trial 

activities through the end of phase IIB for a treatment for 

a rare disease or condition (as defined in section 526 of the 

Federal Food, Drug, and Cosmetic Act) so long as— 

‘‘(A) the Center gives public notice for a period of 

at least 120 days of the Center’s intention to support the 

clinical trial activities in phase IIB; 

‘‘(B) no public or private organization provides credible 

written intent to the Center that the organization has 

timely plans to further the clinical trial activities or conduct 

clinical trials of a similar nature beyond phase IIA; and 

‘‘(C) the Center ensures that support of the clinical 

trial activities in phase IIB will not increase the Federal 

Government’s liability beyond the award value of the Center’s support. 

‘‘(c) ANNUAL REPORT.—The Center shall publish an annual 

report that, with respect to all research supported by the Center, 

includes a complete list of— 

‘‘(1) the molecules being studied; 

Notice. 

Time period. 

42 USC 287. 

42 USC 287a, 

287a–1. 

Reports. 

Deadlines. 

Time period. 

Reports. 

Deadline. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1087 

‘‘(2) clinical trial activities being conducted; 

‘‘(3) the methods and tools in development; 

‘‘(4) ongoing partnerships, including— 

‘‘(A) the rationale for each partnership; 

‘‘(B) the status of each partnership; 

‘‘(C) the funding provided by the Center to other entities pursuant to each partnership, and 

‘‘(D) the activities which have been transferred to 

industry pursuant to each partnership; and 

‘‘(5) known research activity of other entities that is or 

will expand upon research activity of the Center.’’. 

(2) LIST OF INSTITUTES AND CENTERS.—Section 401(b)(21) 

of the Public Health Service Act (42 U.S.C. 281(b)(21)) is 

amended by striking ‘‘National Center for Research Resources’’ 

and inserting ‘‘National Center for Advancing Translational 

Sciences’’. 

(b) ASSIGNMENT OF CERTAIN FUNCTIONS OF FORMER NATIONAL

CENTER FOR RESEARCH RESOURCES.— 

(1) BIOMEDICAL AND BEHAVIORAL RESEARCH FACILITIES.— 

Section 481A of the Public Health Service Act (42 U.S.C. 287a– 

2)— 

(A) is redesignated as section 404I and is moved to 

follow section 404H of such Act (42 U.S.C. 283j); and 

(B) is amended— 

(i) in subsection (a)(1), by striking ‘‘acting through 

the Director of the Center or the Director of the 

National Institute of Allergy and Infectious Diseases’’ 

and inserting ‘‘acting through the Office of the Director 

of NIH or the Director of the National Institute of 

Allergy and Infectious Diseases’’; 

(ii) in subsections (c), (d), (e), and (f)(2), by striking 

‘‘Director of the Center or the Director of the National 

Institute of Allergy and Infectious Diseases’’ each place 

it appears and inserting ‘‘Director of NIH, acting 

through the Office of the Director of NIH or the 

National Institute of Allergy and Infectious Diseases,’’; 

(iii) in subsection (b)(2), by striking ‘‘Director of 

the Center’’ each place it appears and inserting 

‘‘Director of NIH’’; 

(iv) in subsections (b)(3)(A), (f)(1), and (g), by 

striking the comma at the end of ‘‘Director of the 

Center,’’ each place it appears; 

(v) by striking ‘‘Director of the Center’’ each place 

it appears and inserting ‘‘Director of NIH, acting 

through the Office of the Director of NIH,’’; 

(vi) in subsection (b)— 

(I) in paragraph (1)(A), by striking ‘‘within 

the Center’’; and 

(II) in paragraph (2)— 

(aa) in subparagraph (A), by striking ‘‘and 

the advisory council established under section 

480 (in this section referred to as the ‘Advisory 

Council’)’’ and inserting ‘‘and the Council of 

Councils established under section 402(l) (in 

this section referred to as the ‘Council’)’’; and 

42 USC 283k. 


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125 STAT. 1088 PUBLIC LAW 112–74—DEC. 23, 2011 

(bb) in subparagraphs (B), (C), and (D), 

by striking ‘‘Advisory’’ each place it appears; 

and 

(vii) in subsection (g), by striking ‘‘after consultation with the Advisory Council’’ and inserting ‘‘after 

consultation with the Council’’. 

(2) CONSTRUCTION OF REGIONAL CENTERS FOR RESEARCH

ON PRIMATES.—Section 481B of the Public Health Service Act 

(42 U.S.C. 287a–3)— 

(A) is redesignated as section 404J and is moved to 

follow section 404I, as redesignated by paragraph (1); and 

(B) in subsection (a), is amended— 

(i) by striking ‘‘by the National Center for Research 

Resources’’ and inserting ‘‘by the Director of NIH, 

acting through the Office of the Director of NIH,’’; 

and 

(ii) by striking ‘‘481A’’ and inserting ‘‘404I’’. 

(3) SANCTUARY SYSTEM FOR SURPLUS CHIMPANZEES.—Section 481C of the Public Health Service Act (42 U.S.C. 287a– 

3a)— 

(A) is redesignated as section 404K and is moved to 

follow section 404J, as redesignated by paragraph (2); and 

(B) in subsection (d)(4)(A)(ii), is amended by striking 

‘‘that is carried out by the National Center for Research 

Resources’’ and inserting ‘‘that is carried out by the Director 

of NIH, acting through the Office of the Director of NIH,’’. 

(4) SHARED INSTRUMENTATION GRANT PROGRAM.—Section 

305 of the Public Health Improvement Act (42 U.S.C. 287 

note)— 

(A) is redesignated as section 404L of the Public Health 

Service Act and is moved to follow section 404K of that 

Act, as redesignated by paragraph (3); and 

(B) is amended— 

(i) by striking subsection (a) and redesignating 

subsections (b) and (c) as subsections (a) and (b), 

respectively; 

(ii) in subsection (a), as so redesignated, by striking 

‘‘under the program described in subsection (a)’’ and 

inserting ‘‘under the Shared Instrumentation Grant 

Program’’; 

(iii) by striking ‘‘Director of the National Center 

for Research Resources’’ each place it appears and 

inserting ‘‘Director of NIH, acting through the Office 

of the Director of NIH,’’; and 

(iv) in subsection (b), as so redesignated— 

(I) by striking ‘‘in subsection (a)’’ and inserting 

‘‘in subsection (a), the’’; and 

(II) by striking ‘‘of the Public Health Service 

Act (42 U.S.C. 289a)’’. 

(5) INSTITUTIONAL DEVELOPMENT AWARD PROGRAM.—Title 

IV of the Public Health Service Act (42 U.S.C. 281 et seq.) 

is amended— 

(A) in section 461, by striking the section heading 

and designation and all that follows through ‘‘The general 

purpose’’ and inserting the following: 

42 USC 285k. 

42 USC 283n. 

42 USC 283m. 

42 USC 283l. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1089 

‘‘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 

42 USC 287a–2. 

42 USC 281. 

42 USC 287a–1. 

42 USC 287a–1. 

42 USC 283h, 

287a–1. 

42 USC 287a. 

42 USC 285k. 

42 USC 282, 

285k. 


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125 STAT. 1090 PUBLIC LAW 112–74—DEC. 23, 2011 

(B) in subsection (a), is amended by striking ‘‘Director 

of the National Center for Research Resources’’ and 

inserting ‘‘Director of the Center’’. 

(d) CONFORMING AMENDMENTS.—Title IV of the Public Health 

Service Act (42 U.S.C. 281 et seq.) is amended— 

(1) in section 402(b)(24) (42 U.S.C. 282(b)(24)), by striking 

‘‘402C’’ and inserting ‘‘480’’; 

(2) in section 404C(e)(3)(A) (42 U.S.C. 283e(e)(3)(A)), by 

striking ‘‘and the Director of the Center for Research 

Resources’’; 

(3) in section 464z–3(i)(1) (42 U.S.C. 285t(i)(1))— 

(A) by striking ‘‘Director of National Institute for 

Research Resources’’ and inserting ‘‘Director of NIH’’; 

(B) by striking ‘‘481(c)(3)’’ and inserting ‘‘404I(c)(2)’’; 

and 

(C) by inserting ‘‘under such section’’ after ‘‘Institutions 

of Emerging Excellence’’; 

(4) in section 499(c)(1)(E) (42 U.S.C. 290b(c)(1)(E)), by 

striking ‘‘section 402C’’ and inserting ‘‘section 480’’. 

SEC. 222. The discretionary appropriation for CDC is hereby 

reduced by $20,000,000: Provided, That the reduction should be 

taken from contracting and administrative costs in each of the 

CDC accounts. 

This title may be cited as the ‘‘Department of Health and 

Human Services Appropriations Act, 2012’’. 

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 

Department of 

Education 

Appropriations 

Act, 2012. 

Reduction. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1091 

may use such funds to serve any school eligible to receive assistance 

under part A of title I that has not made adequate yearly progress 

for at least 2 years or is in the State’s lowest quintile of performance 

based on proficiency rates and, in the case of secondary schools, 

priority shall be given to those schools with graduation rates below 

60 percent: Provided further, That notwithstanding section 

1003(g)(5)(A), each State educational agency may establish a maximum subgrant size of not more than $2,000,000 for each participating school applicable to such funds: Provided further, That the 

Secretary may reserve up to 5 percent of the funds available for 

section 1003(g) of the ESEA to carry out activities to build State 

and local educational agency capacity to implement effectively the 

school improvement grants program: Provided further, That 

$160,000,000 shall be available under section 1502 of the ESEA 

for a comprehensive literacy development and education program 

to advance literacy skills, including pre-literacy skills, reading, and 

writing, for students from birth through grade 12, including limitedEnglish-proficient students and students with disabilities, of which 

one-half of 1 percent shall be reserved for the Secretary of the 

Interior for such a program at schools funded by the Bureau of 

Indian Education, one-half of 1 percent shall be reserved for grants 

to the outlying areas for such a program, up to 5 percent may 

be reserved for national activities, and the remainder shall be 

used to award competitive grants to State educational agencies 

for such a program, of which a State educational agency may 

reserve up to 5 percent for State leadership activities, including 

technical assistance and training, data collection, reporting, and 

administration, and shall subgrant not less than 95 percent to 

local educational agencies or, in the case of early literacy, to local 

educational agencies or other nonprofit providers of early childhood 

education that partner with a public or private nonprofit organization or agency with a demonstrated record of effectiveness in 

improving the early literacy development of children from birth 

through kindergarten entry and in providing professional development in early literacy, giving priority to such agencies or other 

entities serving greater numbers or percentages of disadvantaged 

children: Provided further, That the State educational agency shall 

ensure that at least 15 percent of the subgranted funds are used 

to serve children from birth through age 5, 40 percent are used 

to serve students in kindergarten through grade 5, and 40 percent 

are used to serve students in middle and high school including 

an equitable distribution of funds between middle and high schools: 

Provided further, That eligible entities receiving subgrants from 

State educational agencies shall use such funds for services and 

activities that have the characteristics of effective literacy instruction through professional development, screening and assessment, 

targeted interventions for students reading below grade level and 

other research-based methods of improving classroom instruction 

and practice. 

IMPACT AID

For carrying out programs of financial assistance to federally 

affected schools authorized by title VIII of the ESEA, 

$1,293,631,000, of which $1,155,724,000 shall be for basic support 

payments under section 8003(b), $48,505,000 shall be for payments 

for children with disabilities under section 8003(d), $17,474,000 


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125 STAT. 1092 PUBLIC LAW 112–74—DEC. 23, 2011 

shall be for construction under section 8007(b) and shall remain 

available through September 30, 2013, $67,074,000 shall be for 

Federal property payments under section 8002, and $4,854,000, 

to remain available until expended, shall be for facilities maintenance under section 8008: Provided, That for purposes of computing 

the amount of a payment for an eligible local educational agency 

under section 8003(a) for school year 2011–2012, children enrolled 

in a school of such agency that would otherwise be eligible for 

payment under section 8003(a)(1)(B) of such Act, but due to the 

deployment of both parents or legal guardians, or a parent or 

legal guardian having sole custody of such children, or due to 

the death of a military parent or legal guardian while on active 

duty (so long as such children reside on Federal property as 

described in section 8003(a)(1)(B)), are no longer eligible under 

such section, shall be considered as eligible students under such 

section, provided such students remain in average daily attendance 

at a school in the same local educational agency they attended 

prior to their change in eligibility status. 

SCHOOL IMPROVEMENT PROGRAMS

For carrying out school improvement activities authorized by 

parts A and B of title II, part B of title IV, parts A and B of 

title VI, and parts B and C of title VII of the ESEA; the McKinneyVento Homeless Assistance Act; section 203 of the Educational 

Technical Assistance Act of 2002; the Compact of Free Association 

Amendments Act of 2003; and the Civil Rights Act of 1964, 

$4,550,018,000, of which $2,725,246,000 shall become available on 

July 1, 2012, and remain available through September 30, 2013, 

and of which $1,681,441,000 shall become available on October 

1, 2012, and shall remain available through September 30, 2013, 

for academic year 2012–2013: Provided, That funds made available 

to carry out part B of title VII of the ESEA may be used for 

construction, renovation, and modernization of any elementary 

school, secondary school, or structure related to an elementary 

school or secondary school, run by the Department of Education 

of the State of Hawaii, that serves a predominantly Native 

Hawaiian student body: Provided further, That funds made available to carry out part C of title VII of the ESEA shall be awarded 

on a competitive basis, and also may be used for construction: 

Provided further, That $51,210,000 shall be available to carry out 

section 203 of the Educational Technical Assistance Act of 2002: 

Provided further, That $17,652,000 shall be available to carry out 

the Supplemental Education Grants program for the Federated 

States of Micronesia and the Republic of the Marshall Islands: 

Provided further, That up to 5 percent of these amounts may 

be reserved by the Federated States of Micronesia and the Republic 

of the Marshall Islands to administer the Supplemental Education 

Grants programs and to obtain technical assistance, oversight and 

consultancy services in the administration of these grants and 

to reimburse the United States Departments of Labor, Health and 

Human Services, and Education for such services: Provided further, 

That up to 1.5 percent of the funds for subpart 1 of part A of 

title II of the ESEA shall be reserved by the Secretary for competitive awards for teacher or principal training or professional 

enhancement activities to national not-for-profit organizations. 

Eligibility. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1093 

INDIAN EDUCATION

For expenses necessary to carry out, to the extent not otherwise provided, title VII, part A of the ESEA, $131,027,000. 

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 

Financial plan. 

Grants. 


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125 STAT. 1094 PUBLIC LAW 112–74—DEC. 23, 2011 

Secretary may reserve up to $55,000,000 to make multiple awards 

to non-profit charter management organizations and other entities 

that are not for-profit entities for the replication and expansion 

of successful charter school models and shall reserve up to 

$11,000,000 to carry out the activities described in section 5205(a), 

including improving quality and oversight of charter schools and 

providing technical assistance and grants to authorized public chartering agencies in order to increase the number of high-performing 

charter schools: Provided further, That each application submitted 

pursuant to section 5203(a) shall describe a plan to monitor and 

hold accountable authorized public chartering agencies through such 

activities as providing technical assistance or establishing a professional development program, which may include evaluation, planning, training, and systems development for staff of authorized 

public chartering agencies to improve the capacity of such agencies 

in the State to authorize, monitor, and hold accountable charter 

schools: Provided further, That each application submitted pursuant 

to section 5203(a) shall contain assurances that State law, regulations, or other policies require that: (1) each authorized charter 

school in the State operate under a legally binding charter or 

performance contract between itself and the school’s authorized 

public chartering agency that describes the obligations and responsibilities of the school and the public chartering agency; conduct 

annual, timely, and independent audits of the school’s financial 

statements that are filed with the school’s authorized public chartering agency; and demonstrate improved student academic achievement; and (2) authorized public chartering agencies use increases 

in student academic achievement for all groups of students 

described in section 1111(b)(2)(C)(v) of the ESEA as the most important factor when determining to renew or revoke a school’s charter. 

SAFE SCHOOLS AND CITIZENSHIP EDUCATION

For carrying out activities authorized by part A of title IV 

and subparts 1, 2, and 10 of part D of title V of the ESEA, 

$256,237,000: Provided, That $65,000,000 shall be available for 

subpart 2 of part A of title IV: Provided further, That $60,000,000 

shall be available for Promise Neighborhoods and shall be available 

through December 31, 2012. 

ENGLISH LANGUAGE ACQUISITION

For carrying out part A of title III of the ESEA, $733,530,000, 

which shall become available on July 1, 2012, and shall remain 

available through September 30, 2013, except that 6.5 percent 

of such amount shall be available on October 1, 2011, and shall 

remain available through September 30, 2013, to carry out activities 

under section 3111(c)(1)(C): Provided, That the Secretary shall use 

estimates of the American Community Survey child counts for 

the most recent 3-year period available to calculate allocations 

under such part. 

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 

Charter schools. 

Audits. 

Plans. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1095 

September 30, 2013, and of which $9,283,383,000 shall become 

available on October 1, 2012, and shall remain available through 

September 30, 2013, for academic year 2012–2013: Provided, That 

the amount for section 611(b)(2) of the IDEA shall be equal to 

the lesser of the amount available for that activity during fiscal 

year 2011, increased by the amount of inflation as specified in 

section 619(d)(2)(B) of the IDEA, or the percent change in the 

funds appropriated under section 611(i) of the IDEA, but not less 

than the amount for that activity during fiscal year 2011: Provided 

further, That $2,000,000, to remain available for obligation through 

September 30, 2013, shall be for activities aimed at improving 

the outcomes of children receiving Supplemental Security Income 

(SSI) and their families, which may include competitive grants 

to States to improve the provision and coordination of services 

for SSI child recipients in order to achieve improved health status, 

including both physical and emotional health, and education and 

post-school outcomes, including completion of postsecondary education and employment, and to improve services and supports to 

the families or households of the SSI child recipient, such as education and job training for the parents: Provided further, That 

States may award subgrants for a portion of the funds to other 

public and private, non-profit entities. 

REHABILITATION SERVICES AND DISABILITY RESEARCH

For carrying out, to the extent not otherwise provided, the 

Rehabilitation Act of 1973, the Assistive Technology Act of 1998, 

and the Helen Keller National Center Act, $3,512,019,000: Provided, 

That the Secretary may use amounts provided in this Act that 

remain available subsequent to the reallotment of funds to States 

pursuant to section 110(b) of the Rehabilitation Act for activities 

aimed at improving the outcomes of children receiving Supplemental 

Security Income (SSI) and their families, including competitive 

grants to States to improve the provision and coordination of services for SSI child recipients in order to achieve improved health 

status, education and post-school outcomes, including completion 

of postsecondary education and employment, and to improve services and supports to the family or households of the SSI child 

recipient, such as education and job training for the parents: Provided further, That States may award subgrants for a portion 

of the funds to other public and private, non-profit entities: Provided 

further, That any funds made available subsequent to reallotment 

for activities aimed at improving the outcomes of children receiving 

SSI and their families shall remain available until September 30, 

2013: Provided further, That $2,000,000 shall be for competitive 

grants to support alternative financing programs that provide for 

the purchase of assistive technology devices, such as a low-interest 

loan fund; an interest buy-down program; a revolving loan fund; 

a loan guarantee; or insurance program: Provided further, That 

applicants shall provide an assurance that, and information 

describing the manner in which, the alternative financing program 

will expand and emphasize consumer choice and control: Provided 

further, That State agencies and community-based disability 

organizations that are directed by and operated for individuals 

with disabilities shall be eligible to compete. 


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125 STAT. 1096 PUBLIC LAW 112–74—DEC. 23, 2011 

SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES

AMERICAN PRINTING HOUSE FOR THE BLIND

For carrying out the Act of March 3, 1879, $24,551,000. 

NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

For the National Technical Institute for the Deaf under titles 

I and II of the Education of the Deaf Act of 1986, $65,546,000: 

Provided, That from the total amount available, the Institute may 

at its discretion use funds for the endowment program as authorized 

under section 207 of such Act. 

GALLAUDET UNIVERSITY

For the Kendall Demonstration Elementary School, the Model 

Secondary School for the Deaf, and the partial support of Gallaudet 

University under titles I and II of the Education of the Deaf 

Act of 1986, $125,754,000, of which $7,990,000 shall be for construction and shall remain available until expended: Provided, That 

from the total amount available, the University may at its discretion 

use funds for the endowment program as authorized under section 

207 of such Act. 

CAREER, TECHNICAL, AND ADULT EDUCATION

For carrying out, to the extent not otherwise provided, the 

Carl D. Perkins Career and Technical Education Act of 2006 and 

the Adult Education and Family Literacy Act (referred to in this 

Act as the ‘‘AEFLA’’), $1,738,946,000, of which $947,946,000 shall 

become available on July 1, 2012, and shall remain available 

through September 30, 2013, and of which $791,000,000 shall 

become available on October 1, 2012, and shall remain available 

through September 30, 2013: Provided, That of the amount provided 

for Adult Education State Grants, $74,850,000 shall be made available for integrated English literacy and civics education services 

to immigrants and other limited-English-proficient populations: Provided further, That of the amount reserved for integrated English 

literacy and civics education, notwithstanding section 211 of the 

AEFLA, 65 percent shall be allocated to States based on a State’s 

absolute need as determined by calculating each State’s share of 

a 10-year average of the United States Citizenship and Immigration 

Services data for immigrants admitted for legal permanent residence for the 10 most recent years, and 35 percent allocated to 

States that experienced growth as measured by the average of 

the 3 most recent years for which United States Citizenship and 

Immigration Services data for immigrants admitted for legal permanent residence are available, except that no State shall be allocated 

an amount less than $60,000: Provided further, That of the amounts 

made available for AEFLA, $11,323,000 shall be for national leadership activities under section 243. 

STUDENT FINANCIAL ASSISTANCE

For carrying out subparts 1 and 3 of part A, and part C 

of title IV of the HEA, $24,538,521,000, which shall remain available through September 30, 2013. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1097 

The maximum Pell Grant for which a student shall be eligible during award year 2012–2013 shall be $4,860. 

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. 

20 USC 1070a 

note. 


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125 STAT. 1098 PUBLIC LAW 112–74—DEC. 23, 2011 

HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

FINANCING PROGRAM ACCOUNT

For the cost of guaranteed loans, $20,188,000, as authorized 

pursuant to part D of title III of the HEA: Provided, That such 

costs, including the cost of modifying such loans, shall be as defined 

in section 502 of the Congressional Budget Act of 1974: Provided 

further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed 

$367,255,000: Provided further, That these funds may be used to 

support loans to public and private Historically Black Colleges 

and Universities without regard to the limitations within section 

344(a) of the HEA. 

In addition, for administrative expenses to carry out the Historically Black College and University Capital Financing Program 

entered into pursuant to part D of title III of the HEA, $353,000. 

INSTITUTE OF EDUCATION SCIENCES

For carrying out activities authorized by the Education Sciences 

Reform Act of 2002, the National Assessment of Educational 

Progress Authorization Act, section 208 of the Educational Technical 

Assistance Act of 2002, and section 664 of the Individuals with 

Disabilities Education Act, $594,788,000, which shall remain available through September 30, 2013: Provided, That funds available 

to carry out section 208 of the Educational Technical Assistance 

Act may be used to link Statewide elementary and secondary data 

systems with early childhood, postsecondary, and workforce data 

systems, or to further develop such systems: Provided further, That 

up to $11,000,000 of the funds available to carry out section 208 

of the Educational Technical Assistance Act may be used for awards 

to public or private organizations or agencies to support activities 

to improve data coordination, quality, and use at the local, State, 

and national levels. 

DEPARTMENTAL MANAGEMENT

PROGRAM ADMINISTRATION

For carrying out, to the extent not otherwise provided, the 

Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $447,104,000. 

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization 

Act, $102,818,000. 

OFFICE OF THE INSPECTOR GENERAL

For expenses necessary for the Office of the Inspector General, 

as authorized by section 212 of the Department of Education 

Organization Act, $59,933,000. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1099 

GENERAL PROVISIONS

SEC. 301. No funds appropriated in this Act may be used 

for the transportation of students or teachers (or for the purchase 

of equipment for such transportation) in order to overcome racial 

imbalance in any school or school system, or for the transportation 

of students or teachers (or for the purchase of equipment for such 

transportation) in order to carry out a plan of racial desegregation 

of any school or school system. 

SEC. 302. None of the funds contained in this Act shall be 

used to require, directly or indirectly, the transportation of any 

student to a school other than the school which is nearest the 

student’s home, except for a student requiring special education, 

to the school offering such special education, in order to comply 

with title VI of the Civil Rights Act of 1964. For the purpose 

of this section an indirect requirement of transportation of students 

includes the transportation of students to carry out a plan involving 

the reorganization of the grade structure of schools, the pairing 

of schools, or the clustering of schools, or any combination of grade 

restructuring, pairing, or clustering. The prohibition described in 

this section does not include the establishment of magnet schools. 

SEC. 303. No funds appropriated in this Act may be used 

to prevent the implementation of programs of voluntary prayer 

and meditation in the public schools. 

(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. 

Applicability. 

42 USC 1921d 

note. 

Notification. 

Deadline. 

Voluntary 

prayer. 

Meditation. 

Racial 

desegregation. 


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125 STAT. 1100 PUBLIC LAW 112–74—DEC. 23, 2011 

(b) FEDERAL REGISTER NOTICE.—The Secretary, the Secretary 

of the Treasury, and the Director of the Office of Management 

and Budget, shall jointly publish a notice in the Federal Register 

prior to any modification of loans under paragraph (a) that— 

(1) establishes the terms and conditions governing the 

modifications authorized by paragraph (a); 

(2) includes an outline of the methodology and factors that 

the Secretary, the Secretary of the Treasury, and the Director 

of the Office of Management and Budget, will jointly consider 

in evaluating the modification of the loans made under this 

title; and 

(3) describes how the use of such methodology and consideration of such factors used to determine the modifications will 

ensure that loan modifications do not result in any net cost 

to the Federal Government. 

(c) FEES.—An affected institution that receives a modification 

to its disaster loan pursuant to section 2601 of Public Law 109– 

234 shall pay a fee to the Secretary which shall be credited to 

the HBCU Hurricane Supplemental Loan Program. Such fees shall 

remain available without fiscal year limitation to pay the modification costs. The amount of the fee paid shall be equal to the modification cost as jointly determined by the Secretary, the Secretary 

of the Treasury, and the Director of the Office of Management 

and Budget, calculated in accordance with section 502 of the Federal 

Credit Reform Act of 1990, as amended, of such loan. 

SEC. 308. Section 14006(c)(2) of division A of the American 

Recovery and Reinvestment Act of 2009 (as amended by section 

1832(b) of division B of Public Law 112–10) is amended by inserting 

before the period, ‘‘except that such a State may use its grant 

funds to make subgrants to public or private agencies and organizations for activities consistent with the purposes of the grant’’. 

SEC. 309. (a) FEDERAL PELL GRANT ELIGIBILITY.— 

(1) MINIMUM LEVEL.—Section 401(b)(4) of the HEA (20 

U.S.C. 1070a(b)(4)) is amended by striking ‘‘, except that’’ and 

all that follows and inserting a period. 

(2) DURATION OF AWARD PERIOD.—Section 401(c)(5) of the 

HEA (20 U.S.C. 1070a(c)(5)) is amended— 

(A) by striking ‘‘18’’ each place it appears and inserting 

‘‘12’’; and 

(B) by striking the last sentence. 

(b) ZERO EXPECTED FAMILY CONTRIBUTION.—Section 479(c) of 

the HEA (20 U.S.C. 1087ss(c)) is amended— 

(1) in paragraph (1)(B), by striking ‘‘$30,000’’ and inserting 

‘‘$23,000’’; and 

(2) in paragraph (2)(B), by striking ‘‘$30,000’’ and inserting 

‘‘$23,000’’. 

(c) STUDENTS WHO ARE NOT HIGH SCHOOL GRADUATES.— 

(1) AMENDMENT.—Section 484(d) of the HEA (20 U.S.C. 

1091(d)) is amended— 

(A) in the matter preceding paragraph (1), by striking 

‘‘meet one of the following standards:’’; 

(B) by striking paragraphs (1), (2), and (4); and 

(C) in paragraph (3), by striking ‘‘(3) The student has’’ 

and inserting ‘‘have’’; and 

(2) TRANSITION.—The amendment made by paragraph (1) 

shall apply to students who first enroll in a program of study 

on or after July 1, 2012. 

Applicability. 

20 USC 1091 

note. 

123 Stat. 3272; 

Ante, p. 164. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1101 

(3) CONFORMING CHANGE.—Section 101(a)(1) of the HEA 

(20 U.S.C. 1001(a)(1) is amended by striking ‘‘section 484(d)(3)’’ 

and inserting ‘‘section 484(d)’’. 

(d) TEMPORARY ELIMINATION OF INTEREST SUBSIDY DURING STU- DENT LOAN GRACE PERIOD.— (1) Section 428(a)(3)(A)(i)(I) of the HEA (20 U.S.C. 

1078(a)(3)(A)(i)(I)) is amended to read as follows: 

‘‘(I) which accrues prior to the date the student 

ceases to carry at least one-half the normal fulltime academic workload (as determined by the 

institution), or’’. 

(2) The amendment made by paragraph (1) shall apply 

to new Federal Direct Stafford Loans made on or after July 

1, 2012 and before July 1, 2014. 

(e) REVISED SPECIAL ALLOWANCE CALCULATION.— (1) REVISED CALCULATION RULE.—Section 438(b)(2)(I) of the 

HEA (20 U.S.C. 1087–1(b)(2)(I)) is amended by adding at the 

end the following: 

‘‘(vii) REVISED CALCULATION RULE TO REFLECT

FINANCIAL MARKET CONDITIONS.— 

‘‘(I) CALCULATION BASED ON LIBOR.—For the 

calendar quarter beginning on April 1, 2012 and 

each subsequent calendar quarter, in computing 

the special allowance paid pursuant to this subsection with respect to loans described in subclause 

(II), clause (i)(I) of this subparagraph shall be 

applied by substituting ‘of the 1-month London 

Inter Bank Offered Rate (LIBOR) for United States 

dollars in effect for each of the days in such quarter 

as compiled and released by the British Bankers 

Association’ for ‘of the quotes of the 3-month 

commercial paper (financial) rates in effect for each 

of the days in such quarter as reported by the 

Federal Reserve in Publication H–15 (or its successor) for such 3-month period’. 

‘‘(II) LOANS ELIGIBLE FOR LIBOR-BASED CALCULATION.—The special allowance paid pursuant 

to this subsection shall be calculated as described 

in subclause (I) with respect to special allowance 

payments for the 3-month period ending June 30, 

2012, and each succeeding 3-month period, on 

loans for which the first disbursement is made 

on or after January 1, 2000, and before July 1, 

2010, if, not later than April 1, 2012, the holder 

of the loan (or, if the holder acts as eligible lender 

trustee for the beneficial owner of the loan, the 

beneficial owner of the loan), affirmatively and 

permanently waives all contractual, statutory, or 

other legal rights to a special allowance paid 

pursuant to this subsection that is calculated using 

the formula in effect at the time the loans were 

first disbursed. 

‘‘(III) TERMS OF WAIVER.— 

‘‘(aa) IN GENERAL.—A waiver pursuant to 

subclause (II) shall be in a form (printed or 

electronic) prescribed by the Secretary, and 

shall be applicable to— 

Applicability. 

Applicability. 

Time periods. 

Applicability. 

Time period. 

20 USC 1078 

note. 


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125 STAT. 1102 PUBLIC LAW 112–74—DEC. 23, 2011 

‘‘(AA) all loans described in such subclause that the lender holds solely in its 

own right under any lender identification 

number associated with the holder (pursuant to section 487B); 

‘‘(BB) all loans described in such subclause for which the beneficial owner has 

the authority to make an election of a 

waiver under such subclause, regardless 

of the lender identification number associated with the loan or the lender that holds 

the loan as eligible lender trustee on 

behalf of such beneficial owner; and 

‘‘(CC) all future calculations of the 

special allowance on loans that, on the 

date of such waiver, are loans described 

in subitem (AA) or (BB), or that, after 

such date, become loans described in 

subitem (AA) or (BB). 

‘‘(bb) EXCEPTIONS.—Any waiver pursuant 

to subclause (II) that is elected for loans 

described in subitem (AA) or (BB) of item (aa) 

shall not apply to any loan described in such 

subitem for which the lender or beneficial 

owner of the loan demonstrates to the satisfaction of the Secretary that— 

‘‘(AA) in accordance with an agreement entered into before the date of enactment of this section by which such lender 

or owner is governed and that applies to 

such loans, such lender or owner is not 

legally permitted to make an election of 

such waiver with respect to such loans 

without the approval of one or more third 

parties with an interest in the loans, and 

that the lender or owner followed all available options under such agreement to 

obtain such approval, and was unable to 

do so; or 

‘‘(BB) such lender or beneficial owner 

presented the proposal of electing such 

a waiver applicable to such loans associated with an obligation rated by a nationally recognized statistical rating organization (as defined in section 3(a)(62) of the 

Securities Exchange Act of 1934), and 

such rating organization provided a written opinion that the agency would downgrade the rating applicable to such obligation if the lender or owner elected such 

a waiver.’’. 

(2) CONFORMING AMENDMENTS.—Section 438(b)(2)(I) of the 

HEA (20 U.S.C. 1087–1(b)(2)(I)) is further amended— 

(A) in clause (i)(II), by striking ‘‘such average bond 

equivalent rate’’ and inserting ‘‘the rate determined under 

subclause (I) (in accordance with clause (vii))’’; and 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1103 

(B) in clause (v)(III), by striking ‘‘(iv), and (vi)’’ and 

inserting ‘‘(iv), (vi), and (vii)’’. 

(f) REAPPROPRIATION OF MANDATORY SAVINGS.—Section 

401(b)(7)(A)(iv) of the HEA (20 U.S.C. 1070a(b)(7)(A)(iv)) is amended 

to read as follows: 

‘‘(iv) to carry out this section— ‘‘(I) $13,500,000,000 for fiscal year 2011; 

‘‘(II) $13,795,000,000 for fiscal year 2012; 

‘‘(III) $7,587,000,000 for fiscal year 2013; 

‘‘(IV) $588,000,000 for fiscal year 2014; 

‘‘(V) $0 for fiscal year 2015; 

‘‘(VI) $0 for fiscal year 2016; 

‘‘(VII) $1,574,000,000 for fiscal year 2017; 

‘‘(VIII) $1,382,000,000 for fiscal year 2018; 

‘‘(IX) $1,409,000,000 for fiscal year 2019; 

‘‘(X) $1,430,000,000 for fiscal year 2020; and 

‘‘(XI) $1,145,000,000 for fiscal year 2021 and 

each succeeding fiscal year.’’. 

(g) EFFECTIVE DATE.—The amendments made by subsections 

(a), (b), and (c) shall take effect on July 1, 2012. 

(h) INAPPLICABILITY OF NEGOTIATED RULEMAKING AND MASTER

CALENDAR EXCEPTION.—Sections 482(c) and 492 of the HEA (20 

U.S.C. 1089(c), 1098a) shall not apply to the amendments made 

by this section, or to any regulations promulgated under those 

amendments. 

This title may be cited as the ‘‘Department of Education Appropriations Act, 2012’’. 

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 

20 USC 1089 

note. 

20 USC 1001 

note. 


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125 STAT. 1104 PUBLIC LAW 112–74—DEC. 23, 2011 

112(e), 179A, and 198O and subtitle J of title I of the 1990 Act, 

notwithstanding section 501(a)(6) of the 1990 Act; (4) $13,466,000 

shall be available to provide assistance to State commissions on 

national and community service, under section 126(a) of the 1990 

Act and notwithstanding section 501(a)(5)(B) of the 1990 Act; (5) 

$31,942,000 shall be available to carry out subtitle E of the 1990 

Act; and (6) $3,992,000 shall be available for expenses authorized 

under section 501(a)(4)(F) of the 1990 Act, which, notwithstanding 

the provisions of section 198P shall be awarded by CNCS on a 

competitive basis: Provided further, That, with respect to amounts 

provided under this heading for State Service Commissions, section 

126 of the 1990 Act shall be applied by substituting ‘‘$200,000’’ 

for ‘‘$250,000’’ each place that it appears. 

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. 

Notice. 

Public comment. 

Determination. 

Notice. 

Applicability. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1105 

SEC. 402. AmeriCorps programs receiving grants under the 

National Service Trust program shall meet an overall minimum 

share requirement of 24 percent for the first 3 years that they 

receive AmeriCorps funding, and thereafter shall meet the overall 

minimum share requirement as provided in section 2521.60 of title 

45, Code of Federal Regulations, without regard to the operating 

costs match requirement in section 121(e) or the member support 

Federal share limitations in section 140 of the 1990 Act, and subject 

to partial waiver consistent with section 2521.70 of title 45, Code 

of Federal Regulations. 

SEC. 403. Donations made to CNCS under section 196 of the 

1990 Act for the purposes of financing programs and operations 

under titles I and II of the 1973 Act or subtitle B, C, D, or 

E of title I of the 1990 Act shall be used to supplement and 

not supplant current programs and operations. 

SEC. 404. In addition to the requirements in section 146(a) 

of the 1990 Act, use of an educational award for the purpose 

described in section 148(a)(4) shall be limited to individuals who 

are veterans as defined under section 101 of the Act. 

CORPORATION FOR PUBLIC BROADCASTING

For payment to the Corporation for Public Broadcasting 

(referred to in this Act as ‘‘CPB’’), as authorized by the Communications Act of 1934, an amount which shall be available within limitations specified by that Act, for the fiscal year 2014, $445,000,000: 

Provided, That none of the funds made available to CPB by this 

Act shall be used to pay for receptions, parties, or similar forms 

of entertainment for Government officials or employees: Provided 

further, That none of the funds made available to CPB by this 

Act shall be available or used to aid or support any program 

or activity from which any person is excluded, or is denied benefits, 

or is discriminated against, on the basis of race, color, national 

origin, religion, or sex: Provided further, That none of the funds 

made available to CPB by this Act shall be used to apply any 

political test or qualification in selecting, appointing, promoting, 

or taking any other personnel action with respect to officers, agents, 

and employees of CPB: Provided further, That none of the funds 

made available to CPB by this Act shall be used to support the 

Television Future Fund or any similar purpose. 

FEDERAL MEDIATION 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 LaborManagement Cooperation Act of 1978; and for expenses necessary 

for the Service to carry out the functions vested in it by the 

Civil Service Reform Act, $46,250,000: Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery, 

for special training activities and other conflict resolution services 

and technical assistance, including those provided to foreign governments and international organizations, and for arbitration services 

shall be credited to and merged with this account, and shall remain 

available until expended: Provided further, That fees for arbitration Fees. 

Political test. 

Discrimination. 

Requirements. 

42 USC 12571 

note. 


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125 STAT. 1106 PUBLIC LAW 112–74—DEC. 23, 2011 

services shall be available only for education, training, and professional development of the agency workforce: Provided further, That 

the Director of the Service is authorized to accept and use on 

behalf of the United States gifts of services and real, personal, 

or other property in the aid of any projects or functions within 

the Director’s jurisdiction. 

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Federal Mine Safety and Health 

Review Commission, $17,637,000. 

INSTITUTE OF MUSEUM AND LIBRARY SERVICES

OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND

ADMINISTRATION

For carrying out the Museum and Library Services Act of 

1996 and the National Museum of African American History and 

Culture Act, $232,393,000. 

MEDICAID AND CHIP PAYMENT AND ACCESS COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1900 of the Social Security Act, $6,000,000. 

MEDICARE PAYMENT ADVISORY COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1805 of the Social 

Security Act, $11,800,000, to be transferred to this appropriation 

from the Federal Hospital Insurance Trust Fund and the Federal 

Supplementary Medical Insurance Trust Fund. 

NATIONAL COUNCIL ON DISABILITY

SALARIES AND EXPENSES

For expenses necessary for the National Council on Disability 

as authorized by title IV of the Rehabilitation Act of 1973, 

$3,264,000. 

NATIONAL LABOR RELATIONS BOARD

SALARIES AND EXPENSES

For expenses necessary for the National Labor Relations Board 

to carry out the functions vested in it by the Labor-Management 

Relations Act, 1947, and other laws, $278,833,000: Provided, That 

no part of this appropriation shall be available to organize or 

assist in organizing agricultural laborers or used in connection 

with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in 

section 2(3) of the Act of July 5, 1935, and as amended by the 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1107 

Labor-Management Relations Act, 1947, and as defined in section 

3(f) of the Act of June 25, 1938, and including in said definition 

employees engaged in the maintenance and operation of ditches, 

canals, reservoirs, and waterways when maintained or operated 

on a mutual, nonprofit basis and at least 95 percent of the water 

stored or supplied thereby is used for farming purposes. 

ADMINISTRATIVE PROVISION

SEC. 405. None of the funds provided by this Act or previous 

Acts making appropriations for the National Labor Relations Board 

may be used to issue any new administrative directive or regulation 

that would provide employees any means of voting through any 

electronic means in an election to determine a representative for 

the purposes of collective bargaining. 

NATIONAL MEDIATION BOARD

SALARIES AND EXPENSES

For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $13,436,000. 

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health 

Review Commission, $11,689,000. 

RAILROAD RETIREMENT BOARD

DUAL BENEFITS PAYMENTS ACCOUNT

For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, 

$51,000,000, which shall include amounts becoming available in 

fiscal year 2012 pursuant to section 224(c)(1)(B) of Public Law 

98–76; and in addition, an amount, not to exceed 2 percent of 

the amount provided herein, shall be available proportional to the 

amount by which the product of recipients and the average benefit 

received exceeds the amount available for payment of vested dual 

benefits: Provided, That the total amount provided herein shall 

be credited in 12 approximately equal amounts on the first day 

of each month in the fiscal year. 

FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

For payment to the accounts established in the Treasury for 

the payment of benefits under the Railroad Retirement Act for 

interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2013, which shall be the maximum 

amount available for payment pursuant to section 417 of Public 

Law 98–76. 


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125 STAT. 1108 PUBLIC LAW 112–74—DEC. 23, 2011 

LIMITATION ON ADMINISTRATION

For necessary expenses for the Railroad Retirement Board 

(‘‘Board’’) for administration of the Railroad Retirement Act and 

the Railroad Unemployment Insurance Act, $108,855,000, to be 

derived in such amounts as determined by the Board from the 

railroad retirement accounts and from moneys credited to the railroad unemployment insurance administration fund. 

LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General 

for audit, investigatory and review activities, as authorized by the 

Inspector General Act of 1978, not more than $8,170,000, to be 

derived from the railroad retirement accounts and railroad 

unemployment insurance account. 

SOCIAL SECURITY ADMINISTRATION

PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

For payment to the Federal Old-Age and Survivors Insurance 

Trust Fund and the Federal Disability Insurance Trust Fund, as 

provided under sections 201(m), 228(g), and 1131(b)(2) of the Social 

Security Act, $20,404,000. 

SUPPLEMENTAL SECURITY INCOME PROGRAM

For carrying out titles XI and XVI of the Social Security Act, 

section 401 of Public Law 92–603, section 212 of Public Law 93– 

66, as amended, and section 405 of Public Law 95–216, including 

payment to the Social Security trust funds for administrative 

expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $37,582,991,000, to remain available until expended: Provided, That any portion of the funds provided to a State in the 

current fiscal year and not obligated by the State during that 

year shall be returned to the Treasury: Provided further, That 

not more than $8,000,000 shall be available for research and demonstrations under sections 1110 and 1144 of the Social Security 

Act and remain available through September 30, 2013. 

For making, after June 15 of the current fiscal year, benefit 

payments to individuals under title XVI of the Social Security 

Act, for unanticipated costs incurred for the current fiscal year, 

such sums as may be necessary. 

For making benefit payments under title XVI of the Social 

Security Act for the first quarter of fiscal year 2013, 

$18,200,000,000, to remain available until expended. 

LIMITATION ON ADMINISTRATIVE EXPENSES

For necessary expenses, including the hire of two passenger 

motor vehicles, and not to exceed $20,000 for official reception 

and representation expenses, not more than $10,555,494,000 may 

be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to in 

such section: Provided, That not less than $2,150,000 shall be 

for the Social Security Advisory Board: Provided further, That 

unobligated balances of funds provided under this paragraph at 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1109 

the end of fiscal year 2012 not needed for fiscal year 2012 shall 

remain available until expended to invest in the Social Security 

Administration information technology and telecommunications 

hardware and software infrastructure, including related equipment 

and non-payroll administrative expenses associated solely with this 

information technology and telecommunications infrastructure: Provided further, That the Commissioner of Social Security shall notify 

the Committees on Appropriations of the House of Representatives 

and the Senate prior to making unobligated balances available 

under the authority in the previous proviso: Provided further, That 

reimbursement to the trust funds under this heading for expenditures for official time for employees of the Social Security Administration pursuant to 5 U.S.C. 7131, and for facilities or support 

services for labor organizations pursuant to policies, regulations, 

or procedures referred to in section 7135(b) of such title shall 

be made by the Secretary of the Treasury, with interest, from 

amounts in the general fund not otherwise appropriated, as soon 

as possible after such expenditures are made. 

In addition, for continuing disability reviews under titles II 

and XVI of the Social Security Act and for the cost associated 

with conducting redeterminations of eligibility under title XVI of 

the Social Security Act, $274,000,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one 

or all of the trust funds referred to therein: Provided, That the 

Commissioner shall provide to the Congress (at the conclusion 

of the fiscal year) a report on the obligation and expenditure of 

these funds, similar to the reports that were required by section 

103(d)(2) of Public Law 104–121 for fiscal years 1996 through 

2002. 

In addition, $161,000,000 to be derived from administration 

fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) 

of Public Law 93–66, which shall remain available until expended. 

To the extent that the amounts collected pursuant to such sections 

in fiscal year 2012 exceed $161,000,000, the amounts shall be 

available in fiscal year 2013 only to the extent provided in advance 

in appropriations Acts. 

In addition, up to $1,000,000 to be derived from fees collected 

pursuant to section 303(c) of the Social Security Protection Act, 

which shall remain available until expended. 

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 Notice. 

Deadline. 

Deadline. 

Reports. 

Notification. 


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125 STAT. 1110 PUBLIC LAW 112–74—DEC. 23, 2011 

of such transfers shall be transmitted promptly to the Committees 

on Appropriations of the House of Representatives and the Senate 

at least 15 days in advance of any transfer. 

TITLE V 

GENERAL PROVISIONS 

(TRANSFER OF FUNDS)

SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances 

of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall 

be used for the same purpose, and for the same periods of time, 

for which they were originally appropriated. 

SEC. 502. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 503. (a) No part of any appropriation contained in this 

Act or transferred pursuant to section 4002 of Public Law 111– 

148 shall be used, other than for normal and recognized executivelegislative relationships, for publicity or propaganda purposes, for 

the preparation, distribution, or use of any kit, pamphlet, booklet, 

publication, electronic communication, radio, television, or video 

presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State 

or local legislature itself, or designed to support or defeat any 

proposed or pending regulation, administrative action, or order 

issued by the executive branch of any State or local government, 

except in presentation to the executive branch of any State or 

local government itself. 

(b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be 

used to pay the salary or expenses of any grant or contract recipient, 

or agent acting for such recipient, related to any activity designed 

to influence the enactment of legislation, appropriations, regulation, 

administrative action, or Executive order proposed or pending before 

the Congress or any State government, State legislature or local 

legislature or legislative body, other than for normal and recognized 

executive-legislative relationships or participation by an agency or 

officer of a State, local or tribal government in policymaking and 

administrative processes within the executive branch of that government. 

(c) The prohibitions in subsections (a) and (b) shall include 

any activity to advocate or promote any proposed, pending or future 

Federal, State or local tax increase, or any proposed, pending, 

or future requirement or restriction on any legal consumer product, 

including its sale or marketing, including but not limited to the 

advocacy or promotion of gun control. 

SEC. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles 

I and III, respectively, for official reception and representation 

expenses; the Director of the Federal Mediation and Conciliation 

Service is authorized to make available for official reception and 

Gun control. 

Lobbying. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1111 

representation expenses not to exceed $5,000 from the funds available for ‘‘Federal Mediation and Conciliation Service, Salaries and 

Expenses’’; and the Chairman of the National Mediation Board 

is authorized to make available for official reception and representation expenses not to exceed $5,000 from funds available for 

‘‘National Mediation Board, Salaries and Expenses’’. 

SEC. 505. When issuing statements, press releases, requests 

for proposals, bid solicitations and other documents describing 

projects or programs funded in whole or in part with Federal 

money, all grantees receiving Federal funds included in this Act, 

including but not limited to State and local governments and recipients of Federal research grants, shall clearly state— 

(1) the percentage of the total costs of the program or 

project which will be financed with Federal money; 

(2) the dollar amount of Federal funds for the project 

or program; and 

(3) percentage and dollar amount of the total costs of the 

project or program that will be financed by non-governmental 

sources. 

SEC. 506. (a) None of the funds appropriated in this Act, and 

none of the funds in any trust fund to which funds are appropriated 

in this Act, shall be expended for any abortion. 

(b) None of the funds appropriated in this Act, and none of 

the funds in any trust fund to which funds are appropriated in 

this Act, shall be expended for health benefits coverage that includes 

coverage of abortion. 

(c) The term ‘‘health benefits coverage’’ means the package 

of services covered by a managed care provider or organization 

pursuant to a contract or other arrangement. 

SEC. 507. (a) The limitations established in the preceding section shall not apply to an abortion— 

(1) if the pregnancy is the result of an act of rape or 

incest; or 

(2) in the case where a woman suffers from a physical 

disorder, physical injury, or physical illness, including a lifeendangering physical condition caused by or arising from the 

pregnancy itself, that would, as certified by a physician, place 

the woman in danger of death unless an abortion is performed. 

(b) Nothing in the preceding section shall be construed as 

prohibiting the expenditure by a State, locality, entity, or private 

person of State, local, or private funds (other than a State’s or 

locality’s contribution of Medicaid matching funds). 

(c) Nothing in the preceding section shall be construed as 

restricting the ability of any managed care provider from offering 

abortion coverage or the ability of a State or locality to contract 

separately with such a provider for such coverage with State funds 

(other than a State’s or locality’s contribution of Medicaid matching 

funds). 

(d)(1) None of the funds made available in this Act may be 

made available to a Federal agency or program, or to a State 

or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, 

pay for, provide coverage of, or refer for abortions. 

(2) In this subsection, the term ‘‘health care entity’’ includes 

an individual physician or other health care professional, a hospital, 

Definition. 

Abortion. 

Definition. 

Abortion. 


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125 STAT. 1112 PUBLIC LAW 112–74—DEC. 23, 2011 

a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care 

facility, organization, or plan. 

SEC. 508. (a) None of the funds made available in this Act 

may be used for— 

(1) the creation of a human embryo or embryos for research 

purposes; or 

(2) research in which a human embryo or embryos are 

destroyed, discarded, or knowingly subjected to risk of injury 

or death greater than that allowed for research on fetuses 

in utero under 45 CFR 46.204(b) and section 498(b) of the 

Public Health Service Act (42 U.S.C. 289g(b)). 

(b) For purposes of this section, the term ‘‘human embryo 

or embryos’’ includes any organism, not protected as a human 

subject under 45 CFR 46 as of the date of the enactment of this 

Act, that is derived by fertilization, parthenogenesis, cloning, or 

any other means from one or more human gametes or human 

diploid cells. 

SEC. 509. (a) None of the funds made available in this Act 

may be used for any activity that promotes the legalization of 

any drug or other substance included in schedule I of the schedules 

of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executivecongressional communications. 

(b) The limitation in subsection (a) shall not apply when there 

is significant medical evidence of a therapeutic advantage to the 

use of such drug or other substance or that federally sponsored 

clinical trials are being conducted to determine therapeutic advantage. 

SEC. 510. None of the funds made available in this Act may 

be used to promulgate or adopt any final standard under section 

1173(b) of the Social Security Act providing for, or providing for 

the assignment of, a unique health identifier for an individual 

(except in an individual’s capacity as an employer or a health 

care provider), until legislation is enacted specifically approving 

the standard. 

SEC. 511. None of the funds made available in this Act may 

be obligated or expended to enter into or renew a contract with 

an entity if— 

(1) such entity is otherwise a contractor with the United 

States and is subject to the requirement in 38 U.S.C. 4212(d) 

regarding submission of an annual report to the Secretary 

of Labor concerning employment of certain veterans; and 

(2) such entity has not submitted a report as required 

by that section for the most recent year for which such requirement was applicable to such entity. 

SEC. 512. None of the funds made available in this Act may 

be transferred to any department, agency, or instrumentality of 

the United States Government, except pursuant to a transfer made 

by, or transfer authority provided in, this Act or any other appropriation Act. 

SEC. 513. None of the funds made available by this Act to 

carry out the Library Services and Technology Act may be made 

available to any library covered by paragraph (1) of section 224(f) 

of such Act, as amended by the Children’s Internet Protection 

Act, unless such library has made the certifications required by 

paragraph (4) of such section. 

Certifications. 

Contracts. 

Reports. 

Health and 

health care. 

Drugs and drug 

abuse. 

Definition. 

Human embryos. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1113 

SEC. 514. None of the funds made available by this Act to 

carry out part D of title II of the Elementary and Secondary 

Education Act of 1965 may be made available to any elementary 

or secondary school covered by paragraph (1) of section 2441(a) 

of such Act, as amended by the Children’s Internet Protection 

Act and the No Child Left Behind Act, unless the local educational 

agency with responsibility for such covered school has made the 

certifications required by paragraph (2) of such section. 

SEC. 515. (a) None of the funds provided under this Act, or 

provided under previous appropriations Acts to the agencies funded 

by this Act that remain available for obligation or expenditure 

in fiscal year 2012, or provided from any accounts in the Treasury 

of the United States derived by the collection of fees available 

to the agencies funded by this Act, shall be available for obligation 

or expenditure through a reprogramming of funds that— 

(1) creates new programs; 

(2) eliminates a program, project, or activity; 

(3) increases funds or personnel by any means for any 

project or activity for which funds have been denied or 

restricted; 

(4) relocates an office or employees; 

(5) reorganizes or renames offices; 

(6) reorganizes programs or activities; or 

(7) contracts out or privatizes any functions or activities 

presently performed by Federal employees; 

unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such 

reprogramming or of an announcement of intent relating to such 

reprogramming, whichever occurs earlier. 

(b) None of the funds provided under this Act, or provided 

under previous appropriations Acts to the agencies funded by this 

Act that remain available for obligation or expenditure in fiscal 

year 2012, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the 

agencies funded by this Act, shall be available for obligation or 

expenditure through a reprogramming of funds in excess of $500,000 

or 10 percent, whichever is less, that— 

(1) augments existing programs, projects (including 

construction projects), or activities; 

(2) reduces by 10 percent funding for any existing program, 

project, or activity, or numbers of personnel by 10 percent 

as approved by Congress; or 

(3) results from any general savings from a reduction in 

personnel which would result in a change in existing programs, 

activities, or projects as approved by Congress; 

unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such 

reprogramming or of an announcement of intent relating to such 

reprogramming, whichever occurs earlier. 

SEC. 516. (a) None of the funds made available in this Act 

may be used to request that a candidate for appointment to a 

Federal scientific advisory committee disclose the political affiliation 

or voting history of the candidate or the position that the candidate 

holds with respect to political issues not directly related to and 

necessary for the work of the committee involved. 

Political 

disclosures. 

Deadlines. 

Notifications. 

Certifications. 


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125 STAT. 1114 PUBLIC LAW 112–74—DEC. 23, 2011 

(b) None of the funds made available in this Act may be 

used to disseminate information that is deliberately false or misleading. 

SEC. 517. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit 

an operating plan that details at the program, project, and activity 

level any funding allocations for fiscal year 2012 that are different 

than those specified in this Act, the accompanying detailed table 

in the statement of the managers on the conference report accompanying this Act, or the fiscal year 2012 budget request. 

SEC. 518. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the 

Senate a report on the number and amount of contracts, grants, 

and cooperative agreements exceeding $500,000 in value and 

awarded by the Department on a non-competitive basis during 

each quarter of fiscal year 2012, but not to include grants awarded 

on a formula basis or directed by law. Such report shall include 

the name of the contractor or grantee, the amount of funding, 

the governmental purpose, including a justification for issuing the 

award on a non-competitive basis. Such report shall be transmitted 

to the Committees within 30 days after the end of the quarter 

for which the report is submitted. 

SEC. 519. None of the funds appropriated or otherwise made 

available by this Act may be used to enter into a contract in 

an amount greater than $5,000,000 or to award a grant in excess 

of such amount unless the prospective contractor or grantee certifies 

in writing to the agency awarding the contract or grant that, 

to the best of its knowledge and belief, the contractor or grantee 

has filed all Federal tax returns required during the 3 years preceding the certification, has not been convicted of a criminal offense 

under the Internal Revenue Code of 1986, and has not, more than 

90 days prior to certification, been notified of any unpaid Federal 

tax assessment for which the liability remains unsatisfied, unless 

the assessment is the subject of an installment agreement or offer 

in compromise that has been approved by the Internal Revenue 

Service and is not in default, or the assessment is the subject 

of a non-frivolous administrative or judicial proceeding. 

SEC. 520. None of the funds appropriated in this Act shall 

be expended or obligated by the Commissioner of Social Security, 

for purposes of administering Social Security benefit payments 

under title II of the Social Security Act, to process any claim 

for credit for a quarter of coverage based on work performed under 

a social security account number that is not the claimant’s number 

and the performance of such work under such number has formed 

the basis for a conviction of the claimant of a violation of section 

208(a)(6) or (7) of the Social Security Act. 

SEC. 521. None of the funds appropriated by this Act may 

be used by the Commissioner of Social Security or the Social Security Administration to pay the compensation of employees of the 

Social Security Administration to administer Social Security benefit 

payments, under any agreement between the United States and 

Mexico establishing totalization arrangements between the social 

security system established by title II of the Social Security Act 

and the social security system of Mexico, which would not otherwise 

be payable but for such agreement. 

Mexico. 

Claims. 

Contracts. 

Grants. 

Certification. 

Deadline. 

Reports. 

Deadline. 

Operating plan. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1115 

(RESCISSION)

SEC. 522. Of the funds made available for performance bonus 

payments under section 2105(a)(3)(E) of the Social Security Act, 

$6,367,964,000 are hereby rescinded. 

SEC. 523. Notwithstanding any other provision of this Act, 

no funds appropriated in this Act shall be used to carry out any 

program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug. 

(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 

Deadlines. 

Reports. 

31 USC 1502 

note. 

Needle 

distribution. 


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125 STAT. 1116 PUBLIC LAW 112–74—DEC. 23, 2011 

the account and amount of each rescission made pursuant to this 

section. 

This division may be cited as the ‘‘Departments of Labor, Health 

and Human Services, and Education, and Related Agencies Appropriations Act, 2012’’. 

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 author- ized 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. 

Legislative 

Branch 

Appropriations 

Act, 2012. 

2 USC 60a note. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1117 

CONFERENCE COMMITTEES

For the Conference of the Majority and the Conference of the 

Minority, at rates of compensation to be fixed by the Chairman 

of each such committee, $1,619,195 for each such committee; in 

all, $3,238,390. 

OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY

AND THE CONFERENCE OF THE MINORITY

For Offices of the Secretaries of the Conference of the Majority 

and the Conference of the Minority, $797,402. 

POLICY COMMITTEES

For salaries of the Majority Policy Committee and the Minority 

Policy Committee, $1,653,905 for each such committee; in all, 

$3,307,810. 

OFFICE OF THE CHAPLAIN

For Office of the Chaplain, $405,886. 

OFFICE OF THE SECRETARY

For Office of the Secretary, $24,194,115. 

OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER

For Office 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 SECRE- TARIES FOR THE MAJORITY AND MINORITY OF THE SENATE

For expense allowances of the Secretary of the Senate, $7,110; 

Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary 

for the Majority of the Senate, $7,110; Secretary for the Minority 

of the Senate, $7,110; in all, $28,440. 


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125 STAT. 1118 PUBLIC LAW 112–74—DEC. 23, 2011 

CONTINGENT EXPENSES OF THE SENATE

INQUIRIES AND INVESTIGATIONS

For expenses of inquiries and investigations ordered by the 

Senate, or conducted under paragraph 1 of rule XXVI of the 

Standing Rules of the Senate, section 112 of the Supplemental 

Appropriations and Rescission Act, 1980 (Public Law 96–304), and 

Senate Resolution 281, 96th Congress, agreed to March 11, 1980, 

$131,305,860, of which $26,650,000 shall be available until September 30, 2014. 

EXPENSES OF THE UNITED STATES SENATE CAUCUS ON

INTERNATIONAL NARCOTICS CONTROL

For expenses of the United States Senate Caucus on Inter- national 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. 

2 USC 68f. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1119 

HOUSE OF REPRESENTATIVES 

SALARIES AND EXPENSES

For salaries and expenses of the House of Representatives, 

$1,225,680,000, as follows: 

HOUSE LEADERSHIP OFFICES

For salaries and expenses, as authorized by law, $23,275,773, including: Office of the Speaker, $6,942,770, including $25,000 for 

official expenses of the Speaker; Office of the Majority Floor Leader, 

$2,277,595, including $10,000 for official expenses of the Majority 

Leader; Office of the Minority Floor Leader, $7,432,812, including 

$10,000 for official expenses of the Minority Leader; Office of the 

Majority Whip, including the Chief Deputy Majority Whip, 

$1,971,050, including $5,000 for official expenses of the Majority 

Whip; Office of the Minority Whip, including the Chief Deputy 

Minority Whip, $1,524,951, including $5,000 for official expenses 

of the Minority Whip; Republican Conference, $1,572,788; Democratic Caucus, $1,553,807. In addition to the amounts made available above, for salaries and expenses under this heading, to be 

available during the period beginning September 30, 2012, and 

ending December 31, 2013; $5,818,948, including: Office of the 

Speaker, $1,735,694, including $6,250 for official expenses of the 

Speaker; Office of the Majority Floor Leader, $569,399, including 

$2,500 for official expenses of the Majority Leader; Office of the 

Minority Floor Leader, $1,858,205, including $2,500 for official 

expenses of the Minority Leader; Office of the Majority Whip, 

including the Chief Deputy Majority Whip, $492,763, including 

$1,250 for official expenses of the Majority Whip; Office of the 

Minority Whip, including the Chief Deputy Minority Whip, 

$381,238, including $1,250 for official expenses of the Minority 

Whip; Republican Conference, $393,197; Democratic Caucus, 

$388,452. 

MEMBERS’ REPRESENTATIONAL ALLOWANCES

INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL EXPENSES 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 


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125 STAT. 1120 PUBLIC LAW 112–74—DEC. 23, 2011 

expended in accordance with section 202(b) of the Legislative 

Reorganization Act of 1946 and to be available for reimbursement 

to agencies for services performed: Provided, That such amount 

shall remain available for such salaries and expenses until 

December 31, 2012. 

SALARIES, OFFICERS AND EMPLOYEES

For salaries and expenses of officers and employees, as author- ized 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 REDUC- TION OR TO REDUCE THE FEDERAL DEBT.—Notwithstanding any 


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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 

2 USC 74a–11a. 

Applicability. 

2 USC 74a–13 

note. 


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125 STAT. 1122 PUBLIC LAW 112–74—DEC. 23, 2011 

the most recent bill making appropriations for the legislative branch that was enacted prior to the date of the 

enactment of this Act). 

(F) Cloakroom personnel—majority (as so described). 

(b) AUTHORITY OF MINORITY LEADER.— 

(1) AUTHORITY DESCRIBED.—Notwithstanding any other 

provision of law (including any provision of law that sets forth 

an allowance for official expenses), the amount appropriated 

or otherwise made available during a Congress for the salaries 

and expenses of any office or authority described in paragraph 

(2) shall be the amount allocated for such office or authority 

by the Minority Leader of the House of Representatives from 

the aggregate amount appropriated or otherwise made available 

for all such offices and authorities. 

(2) OFFICES AND AUTHORITIES DESCRIBED.—The offices and 

authorities described in this paragraph are as follows: 

(A) The Office of the Minority Leader. 

(B) The Democratic Steering and Policy Committee 

(if the Minority Leader is a member of the Democratic 

party) or the Republican Steering Committee (if the 

Minority Leader is a member of the Republican party). 

(C) The Republican Policy Committee (if the Minority 

Leader is a member of the Republican party). 

(D) Training and program development—minority (as 

described under the heading ‘‘House leadership offices’’ in 

the most recent bill making appropriations for the legislative branch that was enacted prior to the date of the 

enactment of this Act). 

(E) Cloakroom personnel—minority (as so described). 

(F) Nine minority employees (as so described). 

(c) EFFECTIVE DATE.—This section shall apply with respect 

to any months occurring during the One Hundred Twelfth Congress 

that begin after the date of the enactment of this Act, and to 

any succeeding Congress. 

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). 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1123 

(c) The amendments made by this section shall take effect 

as if included in the enactment of the Legislative Branch Appropriations Act, 1999. 

TRANSFER OF HOUSE EMERGENCY PLANNING, PREPAREDNESS, 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 

Repeal. 

Effective date. 

Effective date. 

2 USC 74a–8 

note. 


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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. 

2 USC 60c–5 

note. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1125 

60c–5) or section 5379 of title 5, United States Code, on or after 

that date. 

CAPITOL POLICE 

SALARIES

For salaries of employees of the Capitol Police, including overtime, hazardous duty pay differential, and Government contributions for health, retirement, social security, professional liability 

insurance, and other applicable employee benefits, $277,133,000, 

to be disbursed by the Chief of the Capitol Police or his designee. 

GENERAL EXPENSES

For necessary expenses of the Capitol Police, including motor 

vehicles, communications and other equipment, security equipment 

and installation, uniforms, weapons, supplies, materials, training, 

medical services, forensic services, stenographic services, personal 

and professional services, the employee assistance program, the 

awards program, postage, communication services, travel advances, 

relocation of instructor and liaison personnel for the Federal Law 

Enforcement Training Center, and not more than $5,000 to be 

expended on the certification of the Chief of the Capitol Police 

in connection with official representation and reception expenses, 

$63,004,000, of which $2,400,000 shall remain available until September 30, 2014, to be disbursed by the Chief of the Capitol Police 

or his designee: Provided, That, notwithstanding any other provision 

of law, the cost of basic training for the Capitol Police at the 

Federal Law Enforcement Training Center for fiscal year 2012 

shall be paid by the Secretary of Homeland Security from funds 

available to the Department of Homeland Security. 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

SEC. 1101. Amounts appropriated for fiscal year 2012 for the 

Capitol Police may be transferred between the headings ‘‘Salaries’’ 

and ‘‘General expenses’’ upon the approval of the Committees on 

Appropriations of the House of Representatives and the Senate. 

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, 

2 USC 1934. 


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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 

Applicability. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1127 

be expended on the certification of the Director of the Congressional 

Budget Office in connection with official representation and reception expenses, $43,787,000. 

ARCHITECT OF THE CAPITOL 

GENERAL ADMINISTRATION

For salaries for the Architect of the Capitol, and other personal 

services, at rates of pay provided by law; for surveys and studies 

in connection with activities under the care of the Architect of 

the Capitol; for all necessary expenses for the general and administrative support of the operations under the Architect of the Capitol 

including the Botanic Garden; electrical substations of the Capitol, 

Senate and House office buildings, and other facilities under the 

jurisdiction of the Architect of the Capitol; including furnishings 

and office equipment; including not more than $5,000 for official 

reception and representation expenses, to be expended as the 

Architect of the Capitol may approve; for purchase or exchange, 

maintenance, and operation of a passenger motor vehicle, 

$101,340,000, of which $3,749,000 shall remain available until September 30, 2016. 

CAPITOL BUILDING

For all necessary expenses for the maintenance, care and oper- ation 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 oper- ation 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, 


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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 

2 USC 1862a. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1129 

the Capitol Police for overtime costs incurred in connection with 

such projects. 

(b) EFFECTIVE DATE.—This section shall apply with respect 

to fiscal year 2013 and each succeeding fiscal year. 

TRANSFER TO ARCHITECT OF THE CAPITOL

SEC. 1202. (a) TRANSFER.—To the extent that the Director 

of the National Park Service has jurisdiction and control over any 

portion of the area described in subsection (b) and any monument 

or other facility which is located within such area, such jurisdiction 

and control is hereby transferred to the Architect of the Capitol 

as of the date of the enactment of this Act. 

(b) AREA DESCRIBED.—The area described in this subsection 

is the property which is bounded on the north by Pennsylvania 

Avenue Northwest, on the east by First Street Northwest and 

First Street Southwest, on the south by Maryland Avenue Southwest, and on the west by Third Street Southwest and Third Street 

Northwest. 

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. 

2 USC 1811 note. 


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125 STAT. 1130 PUBLIC LAW 112–74—DEC. 23, 2011 

COPYRIGHT OFFICE

SALARIES AND EXPENSES

For all necessary expenses of the Copyright Office, $51,650,000, 

of which not more than $28,029,000, to remain available until 

expended, shall be derived from collections credited to this appropriation during fiscal year 2012 under section 708(d) of title 17, 

United States Code: Provided, That not more than $2,000,000 shall 

be derived from prior year available unobligated balances: Provided 

further, That the Copyright Office may not obligate or expend 

any funds derived from collections under such section, in excess 

of the amount authorized for obligation or expenditure in appropriations Acts: Provided further, That not more than $5,484,000 shall 

be derived from collections during fiscal year 2012 under sections 

111(d)(2), 119(b)(2), 803(e), 1005, and 1316 of such title: Provided 

further, That the total amount available for obligation shall be 

reduced by the amount by which collections and prior year available 

unobligated balances are less than $35,513,000: Provided further, 

That not more than $100,000 of the amount appropriated is available for the maintenance of an ‘‘International Copyright Institute’’ 

in the Copyright Office of the Library of Congress for the purpose 

of training nationals of developing countries in intellectual property 

laws and policies: Provided further, That not more than $4,250 

may be expended, on the certification of the Librarian of Congress, 

in connection with official representation and reception expenses 

for activities of the International Copyright Institute and for copyright delegations, visitors, and seminars: Provided further, That 

notwithstanding any provision of chapter 8 of title 17, United States 

Code, any amounts made available under this heading which are 

attributable to royalty fees and payments received by the Copyright 

Office pursuant to sections 111, 119, and chapter 10 of such title 

may be used for the costs incurred in the administration of the 

Copyright Royalty Judges program, with the exception of the costs 

of salaries and benefits for the Copyright Royalty Judges and staff 

under section 802(e). 

CONGRESSIONAL RESEARCH SERVICE

SALARIES AND EXPENSES

For all necessary expenses to carry out the provisions of section 

203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) 

and to revise and extend the Annotated Constitution of the United 

States of America, $106,790,000: Provided, That no part of such 

amount may be used to pay any salary or expense in connection 

with any publication, or preparation of material therefor (except 

the Digest of Public General Bills), to be issued by the Library 

of Congress unless such publication has obtained prior approval 

of either the Committee on House Administration of the House 

of Representatives or the Committee on Rules and Administration 

of the Senate. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1131 

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. 

2 USC 143d. 

Contracts. 

Newspapers. 


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125 STAT. 1132 PUBLIC LAW 112–74—DEC. 23, 2011 

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. 

Time period. 

2 USC 149a. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1133 

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. 


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125 STAT. 1134 PUBLIC LAW 112–74—DEC. 23, 2011 

GOVERNMENT ACCOUNTABILITY OFFICE 

SALARIES AND EXPENSES

For necessary expenses of the Government Accountability Office, including not more than $12,500 to be expended on the 

certification of the Comptroller General of the United States in 

connection with official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5, 

United States Code, but at rates for individuals not more than 

the daily equivalent of the annual rate of basic pay for level IV 

of the Executive Schedule under section 5315 of such title; hire 

of one passenger motor vehicle; advance payments in foreign countries in accordance with section 3324 of title 31, United States 

Code; benefits comparable to those payable under sections 901(5), 

(6), and (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), 

(6), and (8)); and under regulations prescribed by the Comptroller 

General of the United States, rental of living quarters in foreign 

countries, $511,296,000: Provided, That, in addition, $22,304,000 

of payments received under sections 782, 3521, and 9105 of title 

31, United States Code, shall be available without fiscal year limitation: Provided further, That this appropriation and appropriations 

for administrative expenses of any other department or agency 

which is a member of the National Intergovernmental Audit Forum 

or a Regional Intergovernmental Audit Forum shall be available 

to finance an appropriate share of either Forum’s costs as determined by the respective Forum, including necessary travel expenses 

of non-Federal participants: Provided further, That payments hereunder to the Forum may be credited as reimbursements to any 

appropriation from which costs involved are initially financed. 

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 

Applicability. 

2 USC 60q note. 

Regulations. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1135 

C. Stennis Center for Public Service Training and Development 

Act (2 U.S.C. 1105), $430,000. 

TITLE II 

GENERAL PROVISIONS 

MAINTENANCE AND CARE OF PRIVATE VEHICLES

SEC. 201. No part of the funds appropriated in this Act shall 

be used for the maintenance or care of private vehicles, except 

for emergency assistance and cleaning as may be provided under 

regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration and for 

the Senate issued by the Committee on Rules and Administration. 

FISCAL YEAR LIMITATION

SEC. 202. No part of the funds appropriated in this Act shall 

remain available for obligation beyond fiscal year 2012 unless 

expressly so provided in this Act. 

RATES OF COMPENSATION AND DESIGNATION

SEC. 203. Whenever in this Act any office or position not specifically established by the Legislative Pay Act of 1929 (46 Stat. 32 

et seq.) is appropriated for or the rate of compensation or designation of any office or position appropriated for is different from 

that specifically established by such Act, the rate of compensation 

and the designation in this Act shall be the permanent law with 

respect thereto: Provided, That the provisions in this Act for the 

various items of official expenses of Members, officers, and committees of the Senate and House of Representatives, and clerk hire 

for Senators and Members of the House of Representatives shall 

be the permanent law with respect thereto. 

CONSULTING SERVICES

SEC. 204. The expenditure of any appropriation under this 

Act for any consulting service through procurement contract, under 

section 3109 of title 5, United States Code, shall be limited to 

those contracts where such expenditures are a matter of public 

record and available for public inspection, except where otherwise 

provided under existing law, or under existing Executive order 

issued under existing law. 

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 

Contracts. 


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125 STAT. 1136 PUBLIC LAW 112–74—DEC. 23, 2011 

charter on March 26, 1996, shall be available to finance an appropriate share of LBFMC costs as determined by the LBFMC, except 

that the total LBFMC costs to be shared among all participating 

legislative branch entities (in such allocations among the entities 

as the entities may determine) may not exceed $2,000. 

LANDSCAPE MAINTENANCE

SEC. 207. The Architect of the Capitol, in consultation with 

the District of Columbia, is authorized to maintain and improve 

the landscape features, excluding streets, in the irregular shaped 

grassy areas bounded by Washington Avenue, SW, on the northeast, 

Second Street, SW, on the west, Square 582 on the south, and 

the beginning of the I–395 tunnel on the southeast. 

LIMITATION ON TRANSFERS

SEC. 208. None of the funds made available in this Act may 

be transferred to any department, agency, or instrumentality of 

the United States Government, except pursuant to a transfer made 

by, or transfer authority provided in, this Act or any other appropriation Act. 

GUIDED TOURS OF THE CAPITOL

SEC. 209. (a) Except as provided in subsection (b), none of 

the funds made available to the Architect of the Capitol in this 

Act may be used to eliminate or restrict guided tours of the United 

States Capitol which are led by employees and interns of offices 

of Members of Congress and other offices of the House of Representatives and Senate. 

(b) At the direction of the Capitol Police Board, or at the 

direction of the Architect of the Capitol with the approval of the 

Capitol Police Board, guided tours of the United States Capitol 

which are led by employees and interns described in subsection 

(a) may be suspended temporarily or otherwise subject to restriction 

for security or related reasons to the same extent as guided tours 

of the United States Capitol which are led by the Architect of 

the Capitol. 

SEC. 210. None of the funds made available in this Act may 

be used to deliver a printed copy of a bill, joint resolution, or 

resolution to the office of a Member of the House of Representatives 

(including a Delegate or Resident Commissioner to the Congress) 

unless the Member requests a copy. 

SEC. 211. None of the funds made available by this Act may 

be used to deliver a printed copy of any version of the Congressional 

Record to the office of a Member of the House of Representatives 

(including a Delegate or Resident Commissioner to the Congress). 

SEC. 212. None of the funds made available in this Act may 

be used by the Chief Administrative Officer of the House of Representatives to make any payments from any Members’ Representational Allowance for the leasing of a vehicle, excluding mobile 

district offices, in an aggregate amount that exceeds $1,000 for 

the vehicle in any month. 

This division may be cited as the ‘‘Legislative Branch Appropriations Act, 2012’’. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1137 

DIVISION H—MILITARY CONSTRUCTION AND VETERANS 

AFFAIRS AND RELATED AGENCIES APPROPRIATIONS 

ACT, 2012 

TITLE I 

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. 

Determination. 

Notification. 

Determination. 

Notification. 

Determination. 

Notification. 

Military 

Construction and 

Veterans Affairs, 

and Related 

Agencies 

Appropriations 

Act, 2012. 


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125 STAT. 1138 PUBLIC LAW 112–74—DEC. 23, 2011 

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 

Determination. 

Notification. 

Contracts. 

Germany. 

Plans. 

Certification. 

Determination. 

Notification. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1139 

chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $116,246,000, to remain available until 

September 30, 2016: Provided, That of the amount appropriated, 

not to exceed $12,225,000 shall be available for study, planning, 

design, and architect and engineer services, as authorized by law, 

unless the Director of the Air National Guard determines that 

additional obligations are necessary for such purposes and notifies 

the Committees on Appropriations of both Houses of Congress of 

the determination and the reasons therefor. 

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. 

Determination. 

Notification. 

Determination. 

Notification. 

Determination. 

Notification. 

Determination. 

Notification. 


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125 STAT. 1140 PUBLIC LAW 112–74—DEC. 23, 2011 

NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

For the United States share of the cost of the North Atlantic 

Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations 

(including international military headquarters) and for related 

expenses for the collective defense of the North Atlantic Treaty 

Area as authorized by section 2806 of title 10, United States Code, 

and Military Construction Authorization Acts, $247,611,000, to 

remain available until expended. 

FAMILY HOUSING CONSTRUCTION, ARMY

For expenses of family housing for the Army for construction, 

including acquisition, replacement, addition, expansion, extension, 

and alteration, as authorized by law, $176,897,000, to remain available until September 30, 2016. 

FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

For expenses of family housing for the Army for operation 

and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as 

authorized by law, $493,458,000. 

FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS

For expenses of family housing for the Navy and Marine Corps 

for construction, including acquisition, replacement, addition, 

expansion, extension, and alteration, as authorized by law, 

$100,972,000, to remain available until September 30, 2016. 

FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY 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. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1141 

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 

Notification. 

Deadline. 


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125 STAT. 1142 PUBLIC LAW 112–74—DEC. 23, 2011 

budget request for this account by 20 percent or $2,000,000, whichever is less: Provided further, That the previous proviso shall not apply to projects costing less than $5,000,000, except for those 

projects not previously identified in any budget submission for 

this account and exceeding the minor construction threshold under 

section 2805 of title 10, United States Code. 

ADMINISTRATIVE PROVISIONS

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. 

Notification. 

Steel. 

Notification. 

Certification. 

Contracts. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1143 

SEC. 111. None of the funds made available in this title may 

be obligated for architect and engineer contracts estimated by the 

Government to exceed $500,000 for projects to be accomplished 

in Japan, in any North Atlantic Treaty Organization member 

country, or in countries bordering the Arabian Sea, unless such 

contracts are awarded to United States firms or United States 

firms in joint venture with host nation firms. 

SEC. 112. None of the funds made available in this title for 

military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering 

the Arabian Sea, may be used to award any contract estimated 

by the Government to exceed $1,000,000 to a foreign contractor: 

Provided, That this section shall not be applicable to contract 

awards for which the lowest responsive and responsible bid of 

a United States contractor exceeds the lowest responsive and 

responsible bid of a foreign contractor by greater than 20 percent: 

Provided further, That this section shall not apply to contract 

awards for military construction on Kwajalein Atoll for which the 

lowest responsive and responsible bid is submitted by a Marshallese 

contractor. 

SEC. 113. The Secretary of Defense shall inform the appropriate 

committees of both Houses of Congress, including the Committees 

on Appropriations, of plans and scope of any proposed military 

exercise involving United States personnel 30 days prior to its 

occurring, if amounts expended for construction, either temporary 

or permanent, are anticipated to exceed $100,000. 

SEC. 114. Not more than 20 percent of the funds made available 

in this title which are limited for obligation during the current 

fiscal year shall be obligated during the last 2 months of the 

fiscal year. 

SEC. 115. Funds appropriated to the Department of Defense 

for construction in prior years shall be available for construction 

authorized for each such military department by the authorizations 

enacted into law during the current session of Congress. 

SEC. 116. For military construction or family housing projects 

that are being completed with funds otherwise expired or lapsed 

for obligation, expired or lapsed funds may be used to pay the 

cost of associated supervision, inspection, overhead, engineering 

and design on those projects and on subsequent claims, if any. 

SEC. 117. Notwithstanding any other provision of law, any 

funds made available to a military department or defense agency 

for the construction of military projects may be obligated for a 

military construction project or contract, or for any portion of such 

a project or contract, at any time before the end of the fourth 

fiscal year after the fiscal year for which funds for such project 

were made available, if the funds obligated for such project: (1) 

are obligated from funds available for military construction projects; 

and (2) do not exceed the amount appropriated for such project, 

plus any amount by which the cost of such project is increased 

pursuant to law. 

(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 

Notification. 

Military exercise. 

Deadline. 

Contracts. 

Kwajalein Atoll. 

Contracts. 

Japan. 


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125 STAT. 1144 PUBLIC LAW 112–74—DEC. 23, 2011 

Realignment Act (10 U.S.C. 2687 note) pursuant to section 

207(a)(2)(C) of such Act, may be transferred to the account established by section 2906(a)(1) of the Defense Base Closure and 

Realignment Act of 1990 (10 U.S.C. 2687 note), to be merged 

with, and to be available for the same purposes and the same 

time period as that account. 

(INCLUDING TRANSFER OF FUNDS)

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 

Notification. 

10 USC 2821 

note. 

Deadline. 

Notification. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1145 

remediation that could not be reasonably anticipated at the time 

of the budget submission: Provided further, That the Under Secretary of Defense (Comptroller) is to report annually to the Committees on Appropriations of both Houses of Congress all operation 

and maintenance expenditures for each individual general or flag 

officer quarters for the prior fiscal year. 

SEC. 122. Amounts contained in the Ford Island Improvement 

Account established by subsection (h) of section 2814 of title 10, 

United States Code, are appropriated and shall be available until 

expended for the purposes specified in subsection (i)(1) of such 

section or until transferred pursuant to subsection (i)(3) of such 

section. 

SEC. 123. None of the funds made available in this title, or 

in any Act making appropriations for military construction which 

remain available for obligation, may be obligated or expended to 

carry out a military construction, land acquisition, or family housing 

project at or for a military installation approved for closure, or 

at a military installation for the purposes of supporting a function 

that has been approved for realignment to another installation, 

in 2005 under the Defense Base Closure and Realignment Act 

of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

2687 note), unless such a project at a military installation approved 

for realignment will support a continuing mission or function at 

that installation or a new mission or function that is planned 

for that installation, or unless the Secretary of Defense certifies 

that the cost to the United States of carrying out such project 

would be less than the cost to the United States of cancelling 

such project, or if the project is at an active component base that 

shall be established as an enclave or in the case of projects having 

multi-agency use, that another Government agency has indicated 

it will assume ownership of the completed project. The Secretary 

of Defense may not transfer funds made available as a result 

of this limitation from any military construction project, land 

acquisition, or family housing project to another account or use 

such funds for another purpose or project without the prior approval 

of the Committees on Appropriations of both Houses of Congress. 

This section shall not apply to military construction projects, land 

acquisition, or family housing projects for which the project is 

vital to the national security or the protection of health, safety, 

or environmental quality: Provided, That the Secretary of Defense 

shall notify the congressional defense committees within seven days 

of a decision to carry out such a military construction project. 

(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. 

Time period. 

Determination. 

Notification. 

Deadline. 

Certification. 

Notification. 


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125 STAT. 1146 PUBLIC LAW 112–74—DEC. 23, 2011 

SEC. 125. Amounts appropriated or otherwise made available 

in an account funded under the headings in this title may be 

transferred among projects and activities within the account in 

accordance with the reprogramming guidelines for military 

construction and family housing construction contained in Department of Defense Financial Management Regulation 7000.14–R, 

Volume 3, Chapter 7, of February 2009, as in effect on the date 

of enactment of this Act. 

SEC. 126. (a) Notwithstanding any other provision of law, the 

Secretary of the Army shall close Umatilla Chemical Depot, Oregon, 

not later than 1 year after the completion of chemical demilitarization activities required under the Chemical Weapons Convention. 

(b) The closure of the Umatilla Chemical Depot, Oregon, and 

subsequent management and property disposal shall be carried 

out in accordance with procedures and authorities contained in 

the Defense Base Closure and Realignment Act of 1990 (part A 

of title XXIX of Public Law 110–510; 10 U.S.C. 2687 note). 

(c) Nothing in this section shall be construed to affect or limit 

the application of, or any obligation to comply with, any environmental law, including the Comprehensive Environmental Response, 

Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) 

and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). 

(d) The Secretary of the Army may retain minimum essential 

ranges, facilities, and training areas at Umatilla Chemical Depot, 

totaling approximately 7,500 acres, as a training enclave for the 

reserve components of the Armed Forces to permit the conduct 

of individual and annual training. 

SEC. 127. None of the funds made available by this Act may 

be used by the Secretary of Defense to take beneficial occupancy 

of more than 2,000 parking spaces (other than handicap-reserved 

spaces) to be provided by the BRAC 133 project: Provided, That 

this limitation may be waived in part if: (1) the Secretary of Defense 

certifies to Congress that levels of service at existing intersections 

in the vicinity of the project have not experienced failing levels 

of service as defined by the Transportation Research Board Highway 

Capacity Manual over a consecutive 90-day period; (2) the Department of Defense and the Virginia Department of Transportation 

agree on the number of additional parking spaces that may be 

made available to employees of the facility subject to continued 

90-day traffic monitoring; and (3) the Secretary of Defense notifies 

the congressional defense committees in writing at least 14 days 

prior to exercising this waiver of the number of additional parking 

spaces to be made available: Provided further, That the Secretary 

of Defense shall implement the Department of Defense Inspector 

General recommendations outlined in report number DODIG–2012– 

024, and certify to Congress not later than 180 days after enactment 

of this Act that the recommendations have been implemented. 

SEC. 128. None of the funds appropriated or otherwise made 

available by this title may be obligated or expended for a permanent 

United States Africa Command headquarters outside of the United 

States until the Secretary of Defense provides the congressional 

defense committees an analysis of all military construction costs 

associated with establishing a permanent location overseas versus 

in the United States. 

SEC. 129. None of the funds made available by this Act may 

be used for any action that relates to or promotes the expansion 

Colorado. 

Reports. 

Certification. 

Deadline. 

Waiver authority. 

Certification. 

Notification. 

Deadline. 

Oregon. 

Deadline. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1147 

of the boundaries or size of the Pinon Canyon Maneuver Site, 

Colorado. 

SEC. 130. (a) Except as provided in subsection (b), none of 

the funds made available in this Act may be used by the Secretary 

of the Army to relocate a unit in the Army that— 

(1) performs a testing mission or function that is not performed by any other unit in the Army and is specifically stipulated in title 10, United States Code; and 

(2) is located at a military installation at which the total 

number of civilian employees of the Department of the Army 

and Army contractor personnel employed exceeds 10 percent 

of the total number of members of the regular and reserve 

components of the Army assigned to the installation. 

(b) EXCEPTION.—Subsection (a) shall not apply if the Secretary 

of the Army certifies to the congressional defense committees that 

in proposing the relocation of the unit of the Army, the Secretary 

complied with Army Regulation 5–10 relating to the policy, procedures, and responsibilities for Army stationing actions. 

(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 

Certification. 


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125 STAT. 1148 PUBLIC LAW 112–74—DEC. 23, 2011 

of premiums due on commercial life insurance policies guaranteed 

under the provisions of title IV of the Servicemembers Civil Relief 

Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized 

by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53, 

55, and 61 of title 38, United States Code, $51,237,567,000, to 

remain available until expended: Provided, That not to exceed 

$32,187,000 of the amount appropriated under this heading shall 

be reimbursed to ‘‘General operating expenses, Veterans Benefits 

Administration’’, ‘‘Medical support and compliance’’, and ‘‘Information technology systems’’ for necessary expenses in implementing 

the provisions of chapters 51, 53, and 55 of title 38, United States 

Code, the funding source for which is specifically provided as the 

‘‘Compensation and pensions’’ appropriation: Provided further, That 

such sums as may be earned on an actual qualifying patient basis, 

shall be reimbursed to ‘‘Medical care collections fund’’ to augment 

the funding of individual medical facilities for nursing home care 

provided to pensioners as authorized. 

READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits 

to or on behalf of veterans as authorized by chapters 21, 30, 31, 

33, 34, 35, 36, 39, 51, 53, 55, and 61 of title 38, United States 

Code, $12,108,488,000, to remain available until expended: Provided, That expenses for rehabilitation program services and assistance which the Secretary is authorized to provide under subsection 

(a) of section 3104 of title 38, United States Code, other than 

under paragraphs (1), (2), (5), and (11) of that subsection, shall 

be charged to this account. 

VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance, 

and veterans mortgage life insurance as authorized by chapters 

19 and 21, title 38, United States Code, $100,252,000, to remain 

available until expended. 

VETERANS HOUSING BENEFIT PROGRAM FUND

For the cost of direct and guaranteed loans, such sums as 

may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 of title 38, United States 

Code: Provided, That such costs, including the cost of modifying 

such loans, shall be as defined in section 502 of the Congressional 

Budget Act of 1974: Provided further, That during fiscal year 2012, 

within the resources available, not to exceed $500,000 in gross 

obligations for direct loans are authorized for specially adapted 

housing loans. 

In addition, for administrative expenses to carry out the direct 

and guaranteed loan programs, $154,698,000. 

VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

For the cost of direct loans, $19,000, as authorized by chapter 

31 of title 38, United States Code: Provided, That such costs, 

including the cost of modifying such loans, shall be as defined 

in section 502 of the Congressional Budget Act of 1974: Provided 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1149 

further, That funds made available under this heading are available 

to subsidize gross obligations for the principal amount of direct 

loans not to exceed $3,019,000. 

In addition, for administrative expenses necessary to carry out the direct loan program, $343,000, which may be paid to the 

appropriation for ‘‘General operating expenses, Veterans Benefits 

Administration’’. 

NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United 

States Code, $1,116,000. 

VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

For necessary expenses for furnishing, as authorized by law, 

inpatient and outpatient care and treatment to beneficiaries of 

the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and 

treatment in facilities not under the jurisdiction of the Department, 

and including medical supplies and equipment, food services, and 

salaries and expenses of health care employees hired under title 

38, United States Code, aid to State homes as authorized by section 

1741 of title 38, United States Code, assistance and support services 

for caregivers as authorized by section 1720G of title 38, United 

States Code, and loan repayments authorized by section 604 of 

the Caregivers and Veterans Omnibus Health Services Act of 2010 

(Public Law 111–163; 124 Stat. 1174; 38 U.S.C. 7681 note) 

$41,354,000,000, plus reimbursements, shall become available on 

October 1, 2012, and shall remain available until September 30, 

2013: Provided, That notwithstanding any other provision of law, 

the Secretary of Veterans Affairs shall establish a priority for 

the provision of medical treatment for veterans who have serviceconnected disabilities, lower income, or have special needs: Provided 

further, That notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give priority funding for the provision of basic medical benefits to veterans in enrollment priority 

groups 1 through 6: Provided further, That notwithstanding any 

other provision of law, the Secretary of Veterans Affairs may 

authorize the dispensing of prescription drugs from Veterans Health 

Administration facilities to enrolled veterans with privately written 

prescriptions based on requirements established by the Secretary: 

Provided further, That the implementation of the program described 

in the previous proviso shall incur no additional cost to the Department of Veterans Affairs. 

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 

Drugs and drug 

abuse. 

Requirements. 

Priorities. 

Priorities. 


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125 STAT. 1150 PUBLIC LAW 112–74—DEC. 23, 2011 

(42 U.S.C. 2651 et seq.); $5,746,000,000, plus reimbursements, shall 

become available on October 1, 2012, and shall remain available 

until September 30, 2013. 

MEDICAL FACILITIES

For necessary expenses for the maintenance and operation of 

hospitals, nursing homes, domiciliary facilities, and other necessary 

facilities of the Veterans Health Administration; for administrative 

expenses in support of planning, design, project management, real 

property acquisition and disposition, construction, and renovation 

of any facility under the jurisdiction or for the use of the Department; for oversight, engineering, and architectural activities not 

charged to project costs; for repairing, altering, improving, or providing facilities in the several hospitals and homes under the jurisdiction of the Department, not otherwise provided for, either by 

contract or by the hire of temporary employees and purchase of 

materials; for leases of facilities; and for laundry services, 

$5,441,000,000, plus reimbursements, shall become available on 

October 1, 2012, and shall remain available until September 30, 

2013. 

MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical 

and prosthetic research and development as authorized by chapter 

73 of title 38, United States Code, $581,000,000, plus reimbursements, shall remain available until September 30, 2013. 

NATIONAL CEMETERY ADMINISTRATION

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 

Cost estimates. 

Reports. 


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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 

Expenditure 

plan. 

Determination. 


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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 

Certification. 


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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. 

Reports. 

Contracts. 

Deadlines. 


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125 STAT. 1154 PUBLIC LAW 112–74—DEC. 23, 2011 

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. 

Authority 

request. 

Authority 

request. 

Notification. 

Authority 

request. 

Time period. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1155 

SEC. 206. Appropriations available in this title for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ shall be available for payment of prior year 

accrued obligations required to be recorded by law against the 

corresponding prior year accounts within the last quarter of fiscal 

year 2011. 

SEC. 207. Appropriations available in this title shall be available 

to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a) 

of title 31, United States Code, except that if such obligations 

are from trust fund accounts they shall be payable only from ‘‘Compensation and pensions’’. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 208. Notwithstanding any other provision of law, during 

fiscal year 2012, the Secretary of Veterans Affairs shall, from the 

National Service Life Insurance Fund under section 1920 of title 

38, United States Code, the Veterans’ Special Life Insurance Fund 

under section 1923 of title 38, United States Code, and the United 

States Government Life Insurance Fund under section 1955 of 

title 38, United States Code, reimburse the ‘‘General operating 

expenses, Veterans Benefits Administration’’ and ‘‘Information technology systems’’ accounts for the cost of administration of the insurance programs financed through those accounts: Provided, That 

reimbursement shall be made only from the surplus earnings 

accumulated in such an insurance program during fiscal year 2012 

that are available for dividends in that program after claims have 

been paid and actuarially determined reserves have been set aside: 

Provided further, That if the cost of administration of such an 

insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to the 

extent of such surplus earnings: Provided further, That the Secretary shall determine the cost of administration for fiscal year 

2012 which is properly allocable to the provision of each such 

insurance program and to the provision of any total disability 

income insurance included in that insurance program. 

SEC. 209. Amounts deducted from enhanced-use lease proceeds 

to reimburse an account for expenses incurred by that account 

during a prior fiscal year for providing enhanced-use lease services, 

may be obligated during the fiscal year in which the proceeds 

are received. 

(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 

Determination. 

Reimbursement. 


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125 STAT. 1156 PUBLIC LAW 112–74—DEC. 23, 2011 

credited to the ‘‘General administration’’ and ‘‘Information technology systems’’ accounts for use by the office that provided the 

service. 

SEC. 211. No appropriations in this title shall be available 

to enter into any new lease of real property if the estimated annual 

rental cost is more than $1,000,000, unless the Secretary submits 

a report which the Committees on Appropriations of both Houses 

of Congress approve within 30 days following the date on which 

the report is received. 

SEC. 212. No funds of the Department of Veterans Affairs 

shall be available for hospital care, nursing home care, or medical 

services provided to any person under chapter 17 of title 38, United 

States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to 

the Secretary of Veterans Affairs, in such form as the Secretary 

may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided, That 

the Secretary may recover, in the same manner as any other debt 

due the United States, the reasonable charges for such care or 

services from any person who does not make such disclosure as 

required: Provided further, That any amounts so recovered for care 

or services provided in a prior fiscal year may be obligated by 

the Secretary during the fiscal year in which amounts are received. 

(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, 

Requirements. 

Regulations. 

Native 

Americans. 

Contracts. 

Reports. 

Deadline. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1157 

as established by the Secretary. The term ‘‘rural Alaska’’ shall 

mean those lands sited within the external boundaries of the Alaska 

Native regions specified in sections 7(a)(1)–(4) and (7)–(12) of the 

Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1606), 

and those lands within the Alaska Native regions specified in 

sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims Settlement 

Act, as amended (43 U.S.C. 1606), which are not within the boundaries of the Municipality of Anchorage, the Fairbanks North Star 

Borough, the Kenai Peninsula Borough or the Matanuska Susitna 

Borough. 

(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; 

Authority 

request. 

Time period. 

Authority 

request. 

Deadlines. 

Reports. 

Definition. 


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125 STAT. 1158 PUBLIC LAW 112–74—DEC. 23, 2011 

119 Stat. 2506); or (2) section 8110(a)(5) of title 38, United States 

Code. 

SEC. 223. Of the amounts made available to the Department 

of Veterans Affairs for fiscal year 2012, in this Act or any other 

Act, under the ‘‘Medical facilities’’ account for nonrecurring maintenance, not more than 20 percent of the funds made available 

shall be obligated during the last 2 months of that fiscal year: 

Provided, That the Secretary may waive this requirement after 

providing written notice to the Committees on Appropriations of 

both Houses of Congress. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 224. Of the amounts appropriated to the Department 

of Veterans Affairs for fiscal year 2012 for ‘‘Medical services’’, ‘‘Medical support and compliance’’, ‘‘Medical facilities’’, ‘‘Construction, 

minor projects’’, and ‘‘Information technology systems’’, up to 

$241,666,000, plus reimbursements, may be transferred to the Joint 

Department of Defense-Department of Veterans Affairs Medical 

Facility Demonstration Fund, established by section 1704 of the 

National Defense Authorization Act for Fiscal Year 2010 (Public 

Law 111–84; 123 Stat. 3571) and may be used for operation of 

the facilities designated as combined Federal medical facilities as 

described by section 706 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4500): Provided, That additional funds may be transferred 

from accounts designated in this section to the Joint Department 

of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses 

of Congress. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 225. Such sums as may be deposited to the Medical 

Care Collections Fund pursuant to section 1729A of title 38, United 

States Code, for health care provided at facilities designated as 

combined Federal medical facilities as described by section 706 

of the Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009 (Public Law 110–417; 122 Stat. 4500) shall also be 

available: (1) for transfer to the Joint Department of DefenseDepartment of Veterans Affairs Medical Facility Demonstration 

Fund, established by section 1704 of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 

Stat. 3571); and (2) for operations of the facilities designated as 

combined Federal medical facilities as described by section 706 

of the Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009 (Public Law 110–417; 122 Stat. 4500). 

(INCLUDING TRANSFER OF FUNDS)

SEC. 226. Of the amounts available in this title for ‘‘Medical 

services’’, ‘‘Medical support and compliance’’, and ‘‘Medical facilities’’, a minimum of $15,000,000, shall be transferred to the DODVA Health Care Sharing Incentive Fund, as authorized by section 

8111(d) of title 38, United States Code, to remain available until 

expended, for any purpose authorized by section 8111 of title 38, 

United States Code. 

Notification. 

Waiver authority. 

Notice. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1159 

(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 

Deadlines. 

Reports. 

Regulations. 

Notifications. 

Contracts. 

Deadlines. 


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125 STAT. 1160 PUBLIC LAW 112–74—DEC. 23, 2011 

Houses of Congress notification of any single national outreach 

and awareness marketing campaign in which obligations exceed 

$2,000,000. The first report shall be submitted no later than April 

15, 2012. 

SEC. 232. None of the funds made available by this Act may 

be used to declare as excess to the needs of the Department of 

Veterans Affairs or otherwise take any action to exchange, trade, 

auction, transfer, or otherwise dispose of, or reduce the acreage 

of, Federal land and improvements at the St. Albans campus, consisting of approximately 55 acres of land, with borders near Linden 

Boulevard on the northwest, 115th Avenue on the west, the Long 

Island Railroad on the northeast, and Baisley Boulevard on the 

southeast. 

SEC. 233. None of the funds made available in this Act may 

be used to enter into a contract using procedures that do not 

give to small business concerns owned and controlled by veterans 

(as that term is defined in section 3(q)(3) of the Small Business 

Act (15 U.S.C. 632(q)(3)) that are included in the database under 

section 8127(f) of title 38, United States Code, any preference available with respect to such contract, except for a preference given 

to small business concerns owned and controlled by service-disabled 

veterans (as defined in section 3(q)(2) of the Small Business Act 

(15 U.S.C. 632(q)(2)). 

SEC. 234. Section 315(b) of title 38, United States Code, is 

amended by striking ‘‘December 31, 2011’’ and inserting ‘‘December 

31, 2012’’. 

TITLE III 

RELATED AGENCIES 

AMERICAN BATTLE MONUMENTS COMMISSION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the 

American Battle Monuments Commission, including the acquisition 

of land or interest in land in foreign countries; purchases and 

repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase 

(one-for-one replacement basis only) and hire of passenger motor 

vehicles; not to exceed $7,500 for official reception and representation expenses; and insurance of official motor vehicles in foreign 

countries, when required by law of such countries, $61,100,000, 

to remain available until expended. 

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. 

Contracts. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1161 

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. 


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125 STAT. 1162 PUBLIC LAW 112–74—DEC. 23, 2011 

TITLE IV 

OVERSEAS CONTINGENCY OPERATIONS 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, ARMY

For an additional amount for ‘‘Military Construction, Army’’, 

$80,000,000, to remain available until September 30, 2012: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Military Construction, Navy 

and Marine Corps’’, $189,703,000, to remain available until September 30, 2012: Provided, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

ADMINISTRATIVE PROVISIONS

(INCLUDING RESCISSION OF FUNDS)

SEC. 401. Of the unobligated balances in title IV, division E of Public Law 111–117, $269,703,000 are hereby rescinded: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

TITLE V 

GENERAL PROVISIONS 

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. 

Lobbying. 

Pay raises. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1163 

SEC. 505. All departments and agencies funded under this 

Act are encouraged, within the limits of the existing statutory 

authorities and funding, to expand their use of ‘‘E–Commerce’’ 

technologies and procedures in the conduct of their business practices and public service activities. 

SEC. 506. Unless stated otherwise, all reports and notifications 

required by this Act shall be submitted to the Subcommittee on 

Military Construction and Veterans Affairs, and Related Agencies 

of the Committee on Appropriations of the House of Representatives 

and the Subcommittee on Military Construction and Veterans 

Affairs, and Related Agencies of the Committee on Appropriations 

of the Senate. 

SEC. 507. None of the funds made available in this Act may 

be transferred to any department, agency, or instrumentality of 

the United States Government except pursuant to a transfer made 

by, or transfer authority provided in, this or any other appropriations Act. 

SEC. 508. None of the funds made available in this Act may 

be used for a project or program named for an individual serving 

as a Member, Delegate, or Resident Commissioner of the United 

States House of Representatives. 

SEC. 509. (a) Any agency receiving funds made available in 

this Act, shall, subject to subsections (b) and (c), post on the public 

website of that agency any report required to be submitted by 

the Congress in this or any other Act, upon the determination 

by the head of the agency that it shall serve the national interest. 

(b) Subsection (a) shall not apply to a report if— 

(1) the public posting of the report compromises national 

security; or 

(2) the report contains confidential or proprietary information. 

(c) The head of the agency posting such report shall do so 

only after such report has been made available to the requesting 

Committee or Committees of Congress for no less than 45 days. 

SEC. 510. (a) None of the funds made available in this Act 

may be used to maintain or establish a computer network unless 

such network blocks the viewing, downloading, and exchanging 

of pornography. 

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency 

or any other entity carrying out criminal investigations, prosecution, 

or adjudication activities. 

SEC. 511. (a) IN GENERAL.—None of the funds appropriated 

or otherwise made available to the Department of Defense in this 

Act may be used to construct, renovate, or expand any facility 

in the United States, its territories, or possessions to house any 

individual detained at United States Naval Station, Guantanamo 

Bay, Cuba, for the purposes of detention or imprisonment in the 

custody or under the control of the Department of Defense. 

(b) The prohibition in subsection (a) shall not apply to any 

modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. 

(c) An individual described in this subsection is any individual 

who, as of June 24, 2009, is located at United States Naval Station, 

Guantanamo Bay, Cuba, and who— 

(1) is not a citizen of the United States or a member 

of the Armed Forces of the United States; and 

Detainees. 

Cuba. 

Time period. 

Web posting. 

Public 

information. 

Reports. 

Submissions. 


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125 STAT. 1164 PUBLIC LAW 112–74—DEC. 23, 2011 

(2) is— 

(A) in the custody or under the effective control of 

the Department of Defense; or 

(B) otherwise under detention at United States Naval 

Station, Guantanamo Bay, Cuba. 

SEC. 512. None of the funds appropriated or otherwise made 

available in this Act may be used by an agency of the executive 

branch to pay for first-class travel by an employee of the agency 

in contravention of sections 301–10.122 through 301–10.124 of title 

41, Code of Federal Regulations. 

SEC. 513. None of the funds provided in this Act may be 

used to execute a contract for goods or services, including construction services, where the contractor has not complied with Executive 

Order No. 12989. 

SEC. 514. None of the funds made available by this Act may 

be used to enter into a contract, memorandum of understanding, 

or cooperative agreement with, or to make a grant to, any corporation that was convicted of a felony criminal violation under any 

Federal or State law within the preceding 24 months, where the 

awarding agency is aware of the conviction, unless the agency 

has considered suspension or debarment of the corporation and 

made a determination that this further action is not necessary 

to protect the interests of the Government. 

This division may be cited as the ‘‘Military Construction and 

Veterans Affairs, and Related Agencies Appropriations Act, 2012’’. 

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. 

Department of 

State, Foreign 

Operations, and 

Related 

Programs 

Appropriations 

Act, 2012. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1165 

(2) OVERSEAS PROGRAMS.—For necessary expenses for the 

regional bureaus of the Department of State and overseas 

activities as authorized by law, $2,109,293,000, to remain available until September 30, 2013, of which not less than 

$347,572,000 shall be available only for public diplomacy international information programs. 

(3) DIPLOMATIC POLICY AND SUPPORT.—For necessary 

expenses for the functional bureaus of the Department of State 

including representation to certain international organizations 

in which the United States participates pursuant to treaties 

ratified pursuant to the advice and consent of the Senate or 

specific Acts of Congress, general administration, and arms 

control, nonproliferation and disarmament activities as authorized, $822,513,000, to remain available until September 30, 

2013. 

(4) SECURITY PROGRAMS.—For necessary expenses for security activities, $1,341,279,000, to remain available until September 30, 2013, of which up to $1,151,200,000 is for Worldwide 

Security Protection and shall remain available until expended. 

(5) FEES AND PAYMENTS COLLECTED.—In addition to 

amounts otherwise made available under this heading— 

(A) not to exceed $1,753,991 shall be derived from 

fees collected from other executive agencies for lease or 

use of facilities located at the International Center in 

accordance with section 4 of the International Center Act, 

and, in addition, as authorized by section 5 of such Act, 

$520,150, to be derived from the reserve authorized by 

that section, to be used for the purposes set out in that 

section; 

(B) as authorized by section 810 of the United States 

Information and Educational Exchange Act, not to exceed 

$5,000,000, to remain available until expended, may be 

credited to this appropriation from fees or other payments 

received from English teaching, library, motion pictures, 

and publication programs and from fees from educational 

advising and counseling and exchange visitor programs; 

and 

(C) not to exceed $15,000, which shall be derived from 

reimbursements, surcharges and fees for use of Blair House 

facilities. 

(6) TRANSFER, REPROGRAMMING, AND OTHER MATTERS.— 

(A) Notwithstanding any provision of this Act, funds 

may be reprogrammed within and between subsections 

under this heading subject to section 7015 of this Act; 

(B) Of the amount made available under this heading, 

not to exceed $10,000,000 may be transferred to, and 

merged with, funds made available by this Act under the 

heading ‘‘Emergencies in the Diplomatic and Consular 

Service’’, to be available only for emergency evacuations 

and rewards, as authorized; and 

(C) Funds appropriated under this heading are available for acquisition by exchange or purchase of passenger 

motor vehicles as authorized by law and, pursuant to 31 

U.S.C. 1108(g), for the field examination of programs and 

activities in the United States funded from any account 

contained in this title. 


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125 STAT. 1166 PUBLIC LAW 112–74—DEC. 23, 2011 

(D) Of the amount made available under this heading, 

up to $6,000,000 may be transferred to, and merged with, 

funds made available by this Act under the heading 

‘‘Department of State, Administration of Foreign Affairs, 

Capital Investment Fund’’: Provided, That the transfer 

authority of this subparagraph is in addition to any other 

transfer authority available to the Secretary of State. 

(E)(i) The headings ‘‘Civilian Stabilization Initiative’’ 

in titles I and II of prior acts making appropriations for 

the Department of State, foreign operations, and related 

programs shall be renamed ‘‘Conflict Stabilization Operations’’. 

(ii) Of the funds appropriated under this heading, up 

to $35,000,000, to remain available until expended, may 

be transferred to, and merged with, funds previously made 

available under the heading ‘‘Conflict Stabilization Operations’’ in title I of prior acts making appropriations for 

the Department of State, foreign operations and related 

programs, as amended by subparagraph (i). 

(F) None of the funds appropriated under this heading 

may be used for the preservation of religious sites unless 

the Secretary of State determines and reports to the 

Committees on Appropriations that such sites are historically, artistically, or culturally significant, that the purpose 

of the project is neither to advance nor to inhibit the 

free exercise of religion, and that the project is in the 

national interest of the United States. 

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. 

Historic 

preservation. 

Religion. 

Determination. 

Reports. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1167 

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

For expenses, not otherwise provided, to enable the Secretary 

of State to provide for extraordinary protective services, as authorized, $27,000,000, to remain available until September 30, 2013. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For necessary expenses for carrying out the Foreign Service 

Buildings Act of 1926 (22 U.S.C. 292–303), preserving, maintaining, 

repairing, and planning for buildings that are owned or directly 

leased by the Department of State, renovating, in addition to funds 

otherwise available, the Harry S Truman Building, and carrying 

out the Diplomatic Security Construction Program as authorized, 

$762,000,000, to remain available until expended as authorized, 

of which not to exceed $25,000 may be used for domestic and 

overseas representation as authorized: Provided, That none of the 

funds appropriated in this paragraph shall be available for acquisition of furniture, furnishings, or generators for other departments 

and agencies. 

In addition, for the costs of worldwide security upgrades, 

acquisition, and construction as authorized, $775,000,000, to remain 

available until expended: Provided, That not later than 45 days 

after enactment of this Act, the Secretary of State shall submit 

to the Committees on Appropriations the proposed allocation of 

funds made available under this heading and the actual and anticipated proceeds of sales for all projects in fiscal year 2012. 

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. 

Deadline. 

Submission. 


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125 STAT. 1168 PUBLIC LAW 112–74—DEC. 23, 2011 

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the Foreign Service Retirement and Disability Fund, as authorized, $158,900,000. 

INTERNATIONAL ORGANIZATIONS

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 

Deadline. 

Notification. 

Human 

trafficking. 

Web site. 

Notification. 

Reports. 

Deadline. 

Notification. 

Deadline. 

Budget. 

United Nations. 

22 USC 269a 

note. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1169 

Nations employees, contractor personnel, and peacekeeping troops 

serving in the mission from trafficking in persons, exploiting victims 

of trafficking, or committing acts of illegal sexual exploitation or 

other violations of human rights, and to bring to justice individuals 

who engage in such acts while participating in the peacekeeping 

mission, including prosecution in their home countries of such 

individuals in connection with such acts, and to make information 

about such cases publicly available in the country where an alleged 

crime occurs and on the United Nations’ Web site; and (3) pursuant 

to section 7015 of this Act, and the procedures therein followed, 

setting forth the source of funds that will be used to pay the 

cost of the new or expanded mission: Provided further, That funds 

shall be available for peacekeeping expenses unless the Secretary 

of State determines that American manufacturers and suppliers 

are not being given opportunities to provide equipment, services, 

and material for United Nations peacekeeping activities equal to 

those being given to foreign manufacturers and suppliers: Provided 

further, That the Secretary of State shall work with the United 

Nations and governments contributing peacekeeping troops to 

develop effective vetting procedures to ensure that such troops 

have not violated human rights: Provided further, That none of 

the funds appropriated or otherwise made available under this 

heading may be used for any United Nations peacekeeping mission 

that will involve United States Armed Forces under the command 

or operational control of a foreign national, unless the President’s 

military advisors have submitted to the President a recommendation that such involvement is in the national interests of the United 

States and the President has submitted to the Congress such a 

recommendation: Provided further, That notwithstanding any other 

provision of law, funds appropriated or otherwise made available 

under this heading shall be available for United States assessed 

contributions up to the amount specified in Annex IV accompanying 

United Nations General Assembly Resolution 64/220: Provided further, That such funds may be made available above the amount 

authorized in section 404(b)(2)(B) of the Foreign Relations 

Authorization Act, fiscal years 1994 and 1995 (22 U.S.C. 287e 

note) only if the Secretary of State determines and reports to 

the Committees on Appropriations, the Committee on Foreign 

Affairs of the House of Representatives, and the Committee on 

Foreign Relations of the Senate that it is important to the national 

interest of the United States: Provided further, That the Secretary 

of State shall report to the Committees on Appropriations not 

later than May 1, 2012, of any credits available to the United 

States resulting from United Nations peacekeeping missions or 

the United Nations Tax Equalization Fund: Provided further, That 

any such credits shall only be available for United States assessed 

contributions to the United Nations and shall be subject to the 

regular notification procedures of the Committees on Appropriations. 

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: 

22 USC 269a 

note. 

Notification. 

Reports. 

Deadline. 

Determination. 

Reports. 

Recommendation. 

Human rights. 

Determination. 


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125 STAT. 1170 PUBLIC LAW 112–74—DEC. 23, 2011 

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

For necessary expenses for the United States Section of the 

International Boundary and Water Commission, United States and 

Mexico, and to comply with laws applicable to the United States 

Section, including not to exceed $6,000 for representation; as follows: 

SALARIES AND EXPENSES

For salaries and expenses, not otherwise provided for, $44,722,000. 

CONSTRUCTION

For detailed plan preparation and construction of authorized projects, $31,453,000, to remain available until expended, as authorized. 

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary 

Commission, United States and Canada, as authorized by treaties 

between the United States and Canada or Great Britain, and the 

Border Environment Cooperation Commission as authorized by 

Public Law 103–182, $11,687,000: Provided, That of the amount 

provided under this heading for the International Joint Commission, 

$9,000 may be made available for representation expenses. 

INTERNATIONAL FISHERIES COMMISSIONS

For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $36,300,000: Provided, That the United States share of such expenses may be 

advanced to the respective commissions pursuant to 31 U.S.C. 3324. 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For necessary expenses to enable the Broadcasting Board of 

Governors (BBG), as authorized, to carry out international communication activities, and to make and supervise grants for radio 

and television broadcasting to the Middle East, $740,100,000: Provided, That funds appropriated under this heading shall be made 

available to expand unrestricted access to information on the Internet through the development and use of circumvention and secure 

communication technologies: Provided further, That the circumvention technologies and programs supported by such funds shall 

undergo a review, to include an assessment of protections against 

such technologies being used for illicit purposes: Provided further, 

That the BBG shall coordinate the development and use of such 

technologies with the Secretary of State, as appropriate: Provided 

further, That of the total amount appropriated under this heading, 

not to exceed $16,000 may be used for official receptions within 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1171 

the United States as authorized, not to exceed $35,000 may be 

used for representation abroad as authorized, and not to exceed 

$39,000 may be used for official reception and representation 

expenses of Radio Free Europe/Radio Liberty: Provided further, 

That the authority provided by section 504(c) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107–228; 

22 U.S.C. 6206 note) shall remain in effect through September 

30, 2012: Provided further, That the BBG shall notify the Committees on Appropriations within 15 days of any determination by 

the Board that any of its broadcast entities, including its grantee 

organizations, provides an open platform for international terrorists 

or those who support international terrorism, or is in violation 

of the principles and standards set forth in the United States 

International Broadcasting Act of 1994 (22 U.S.C. 6202(a) and 

(b)) or the entity’s journalistic code of ethics: Provided further, 

That significant modifications to BBG broadcast hours previously 

justified to Congress, including changes to transmission platforms 

(shortwave, medium wave, satellite, Internet, and television), for 

all BBG language services shall be subject to the regular notification 

procedures of the Committees on Appropriations: Provided further, 

That in addition to funds made available under this heading, and 

notwithstanding any other provision of law, up to $2,000,000 in 

receipts from advertising and revenue from business ventures, up 

to $500,000 in receipts from cooperating international organizations, 

and up to $1,000,000 in receipts from privatization efforts of the 

Voice of America and the International Broadcasting Bureau, to 

remain available until expended for carrying out authorized purposes. 

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 EasternWestern Dialogue Trust Fund, as authorized by section 633 of 

the Departments of Commerce, Justice, and State, the Judiciary, 

and Related Agencies Appropriations Act, 2004 (22 U.S.C. 2078), 

Notification. 

Notification. 

Deadline. 

22 USC 6206 

note. 

Extension date. 


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125 STAT. 1172 PUBLIC LAW 112–74—DEC. 23, 2011 

the total amount of the interest and earnings accruing to such 

Fund on or before September 30, 2012, to remain available until 

expended. 

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

For necessary expenses of Eisenhower Exchange Fellowships, 

Incorporated, as authorized by sections 4 and 5 of the Eisenhower 

Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest 

and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2012, to remain 

available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof, 

in excess of the rate authorized by 5 U.S.C. 5376; or for purposes 

which are not in accordance with OMB Circulars A–110 (Uniform 

Administrative Requirements) and A–122 (Cost Principles for Nonprofit Organizations), including the restrictions on compensation 

for personal services. 

ISRAELI ARAB SCHOLARSHIP PROGRAM

For necessary expenses of the Israeli Arab Scholarship Program, as authorized by section 214 of the Foreign Relations 

Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), 

all interest and earnings accruing to the Israeli Arab Scholarship 

Fund on or before September 30, 2012, to remain available until 

expended. 

EAST-WEST CENTER

To enable the Secretary of State to provide for carrying out 

the provisions of the Center for Cultural and Technical Interchange 

Between East and West Act of 1960, by grant to the Center for 

Cultural and Technical Interchange Between East and West in 

the State of Hawaii, $16,700,000: Provided, That none of the funds 

appropriated herein shall be used to pay any salary, or enter 

into any contract providing for the payment thereof, in excess 

of the rate authorized by 5 U.S.C. 5376. 

NATIONAL ENDOWMENT 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. 

Deadline. 

Reports. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1173 

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. 

Applicability. 

22 USC 6436 

note. 


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125 STAT. 1174 PUBLIC LAW 112–74—DEC. 23, 2011 

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 

Notification. 

Notification. 

Contracts. 

Reports. 

Deadline. 

Extension date. 

Applicability. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1175 

explanatory statement accompanying this Act for funds appropriated under this heading, shall be subject to the regular notification procedures of the Committees on Appropriations: Provided 

further, That of the funds appropriated or made available under 

this heading, not to exceed $250,000 may be available for representation and entertainment allowances, of which not to exceed $5,000 

may be available for entertainment allowances, for USAID during 

the current fiscal year: Provided further, That no such entertainment funds may be used for the purposes listed in section 7020 

of this Act: Provided further, That appropriate steps shall be taken 

to assure that, to the maximum extent possible, United Statesowned foreign currencies are utilized in lieu of dollars. 

CAPITAL INVESTMENT FUND

For necessary expenses for overseas construction and related 

costs, and for the procurement and enhancement of information 

technology and related capital investments, pursuant to section 

667 of the Foreign Assistance Act of 1961, $129,700,000, to remain 

available until expended: Provided, That this amount is in addition 

to funds otherwise available for such purposes: Provided further, 

That funds appropriated under this heading shall be available 

for obligation only pursuant to the regular notification procedures 

of the Committees on Appropriations. 

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, 

HIV/AIDS. 

Notification. 


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125 STAT. 1176 PUBLIC LAW 112–74—DEC. 23, 2011 

nutrition, water and sanitation programs which directly address 

the needs of mothers and children, and related education programs; 

(4) assistance for children displaced or orphaned by causes other 

than AIDS; (5) programs for the prevention, treatment, control 

of, and research on HIV/AIDS, tuberculosis, polio, malaria, and 

other infectious diseases including neglected tropical diseases, and 

for assistance to communities severely affected by HIV/AIDS, 

including children infected or affected by AIDS; and (6) family 

planning/reproductive health: Provided further, That funds appropriated under this paragraph may be made available for a United 

States contribution to the GAVI Alliance: Provided further, That 

none of the funds made available in this Act nor any unobligated 

balances from prior appropriations Acts may be made available 

to any organization or program which, as determined by the President of the United States, supports or participates in the management of a program of coercive abortion or involuntary sterilization: 

Provided further, That any determination made under the previous 

proviso must be made no later than 6 months after the date of 

enactment of this Act, and must be accompanied by the evidence 

and criteria utilized to make the determination: Provided further, 

That none of the funds made available under this Act may be 

used to pay for the performance of abortion as a method of family 

planning or to motivate or coerce any person to practice abortions: 

Provided further, That nothing in this paragraph shall be construed 

to alter any existing statutory prohibitions against abortion under 

section 104 of the Foreign Assistance Act of 1961: Provided further, 

That none of the funds made available under this Act may be 

used to lobby for or against abortion: Provided further, That in 

order to reduce reliance on abortion in developing nations, funds 

shall be available only to voluntary family planning projects which 

offer, either directly or through referral to, or information about 

access to, a broad range of family planning methods and services, 

and that any such voluntary family planning project shall meet 

the following requirements: (1) service providers or referral agents 

in the project shall not implement or be subject to quotas, or 

other numerical targets, of total number of births, number of family 

planning acceptors, or acceptors of a particular method of family 

planning (this provision shall not be construed to include the use 

of quantitative estimates or indicators for budgeting and planning 

purposes); (2) the project shall not include payment of incentives, 

bribes, gratuities, or financial reward to: (A) an individual in 

exchange for becoming a family planning acceptor; or (B) program 

personnel for achieving a numerical target or quota of total number 

of births, number of family planning acceptors, or acceptors of 

a particular method of family planning; (3) the project shall not 

deny any right or benefit, including the right of access to participate 

in any program of general welfare or the right of access to health 

care, as a consequence of any individual’s decision not to accept 

family planning services; (4) the project shall provide family planning acceptors comprehensible information on the health benefits 

and risks of the method chosen, including those conditions that 

might render the use of the method inadvisable and those adverse 

side effects known to be consequent to the use of the method; 

and (5) the project shall ensure that experimental contraceptive 

drugs and devices and medical procedures are provided only in 

the context of a scientific study in which participants are advised 

of potential risks and benefits; and, not less than 60 days after 

Family planning. 

Requirements. 

Deadline. 

Determination. 

Reports. 

Lobbying. 

Abortion. 

Abortion. 

Deadline. 

President. 

Determination. 

Abortion. 

Sterilization. 


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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 

Condoms. 

Grants. 

Nondiscrimination. 

Compliance. 


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125 STAT. 1178 PUBLIC LAW 112–74—DEC. 23, 2011 

$10,000,000 shall be made available for USAID cooperative development programs within the Office of Private and Voluntary Cooperation. 

INTERNATIONAL DISASTER ASSISTANCE

For necessary expenses to carry out the provisions of section 

491 of the Foreign Assistance Act of 1961 for international disaster 

relief, rehabilitation, and reconstruction assistance, $825,000,000, 

to remain available until expended. 

TRANSITION INITIATIVES

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. 

Notification. 

Deadline. 

Consultation. 

Determination. 

Reports. 

Deadline. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1179 

DEVELOPMENT CREDIT AUTHORITY

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans and loan guarantees provided by 

the United States Agency for International Development, as authorized by sections 256 and 635 of the Foreign Assistance Act of 

1961, up to $40,000,000 may be derived by transfer from funds 

appropriated by this Act to carry out part I of such Act and under 

the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’: 

Provided, That funds provided under this paragraph and funds 

provided as a gift pursuant to section 635(d) of the Foreign Assistance Act of 1961 shall be made available only for micro and small 

enterprise programs, urban programs, and other programs which 

further the purposes of part I of such Act: Provided further, That 

such costs, including the cost of modifying such direct and guaranteed loans, shall be as defined in section 502 of the Congressional 

Budget Act of 1974, as amended: Provided further, That funds 

made available by this paragraph may be used for the cost of 

modifying any such guaranteed loans under this Act or prior Acts, 

and funds used for such costs shall be subject to the regular notification procedures of the Committees on Appropriations: Provided 

further, That the provisions of section 107A(d) (relating to general 

provisions applicable to the Development Credit Authority) of the 

Foreign Assistance Act of 1961, as contained in section 306 of 

H.R. 1486 as reported by the House Committee on International 

Relations on May 9, 1997, shall be applicable to direct loans and 

loan guarantees provided under this heading, except that the principal amount of loans made or guaranteed under this heading 

with respect to any single country shall not exceed $300,000,000: 

Provided further, That these funds are available to subsidize total 

loan principal, any portion of which is to be guaranteed, of up 

to $750,000,000. 

In addition, for administrative expenses to carry out credit 

programs administered by the United States Agency for International Development, $8,300,000, which may be transferred to, 

and merged with, funds made available under the heading ‘‘Operating Expenses’’ in title II of this Act: Provided, That funds made 

available under this heading shall remain available until September 

30, 2014. 

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 

Cyprus. 

Applicability. 

Loans. 

Notification. 


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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 

Consultation. 


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heading shall be considered to be economic assistance under the 

Foreign Assistance Act of 1961 for purposes of making available 

the administrative authorities contained in that Act for the use 

of economic assistance: Provided further, That funds made available 

for the Southern Caucasus region may be used for confidencebuilding measures and other activities in furtherance of the peaceful 

resolution of conflicts, including in Nagorno-Karabakh. 

DEPARTMENT OF STATE

MIGRATION AND REFUGEE ASSISTANCE

For necessary expenses not otherwise provided for, to enable 

the Secretary of State to carry out the provisions of section 2(a) 

and (b) of the Migration and Refugee Assistance Act of 1962, and 

other activities to meet refugee and migration needs; salaries and 

expenses of personnel and dependents as authorized by the Foreign 

Service Act of 1980; allowances as authorized by sections 5921 

through 5925 of title 5, United States Code; purchase and hire 

of passenger motor vehicles; and services as authorized by section 

3109 of title 5, United States Code, $1,639,100,000, to remain 

available until expended, of which $20,000,000 shall be made available for refugees resettling in Israel, and not less than $35,000,000 

shall be made available to respond to small-scale emergency 

humanitarian requirements. 

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

For necessary expenses to carry out the provisions of section 

2(c) of the Migration and Refugee Assistance Act of 1962, as 

amended (22 U.S.C. 2601(c)), $27,200,000, to remain available until 

expended. 

INDEPENDENT AGENCIES

PEACE CORPS

(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 

Consultation. 

Notification. 

Waiver authority. 


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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 Millen- nium 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 

Candidate 

country. 

Notification. 

Notification. 

Deadline. 

Applicability. 

Abortion. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1183 

status in its former income classification for the fiscal year and 

the two subsequent fiscal years: Provided further, That of the funds 

appropriated under this heading, not to exceed $100,000 may be 

available for representation and entertainment allowances, of which 

not to exceed $5,000 may be available for entertainment allowances. 

INTER-AMERICAN FOUNDATION

For necessary expenses to carry out the functions of the InterAmerican Foundation in accordance with the provisions of section 

401 of the Foreign Assistance Act of 1969, $22,500,000, to remain 

available until September 30, 2013: Provided, That of the funds 

appropriated under this heading, not to exceed $2,000 may be 

available for entertainment and representation allowances. 

AFRICAN DEVELOPMENT FOUNDATION

For necessary expenses to carry out title V of the International 

Security and Development Cooperation Act of 1980 (Public Law 

96–533), $30,000,000, to remain available until September 30, 2013: 

Provided, That funds made available to grantees may be invested 

pending expenditure for project purposes when authorized by the 

Board of Directors of the Foundation: Provided further, That interest 

earned shall be used only for the purposes for which the grant 

was made: Provided further, That notwithstanding section 505(a)(2) 

of the African Development Foundation Act, in exceptional circumstances the Board of Directors of the Foundation may waive 

the $250,000 limitation contained in that section with respect to 

a project and a project may exceed the limitation by up to 10 

percent if the increase is due solely to foreign currency fluctuation: 

Provided further, That the Foundation shall provide a report to 

the Committees on Appropriations after each time such waiver 

authority is exercised. 

DEPARTMENT OF THE 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. 

Reports. 

Waiver authority. 


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125 STAT. 1184 PUBLIC LAW 112–74—DEC. 23, 2011 

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 

Applicability. 

Bolivia. 

Determination. 

Reports. 

Notification. 

Deadline. 

Reports. 

Notification. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1185 

FREEDOM Support Act, section 23 of the Arms Export Control 

Act or the Foreign Assistance Act of 1961 for demining activities, 

the clearance of unexploded ordnance, the destruction of small 

arms, and related activities, notwithstanding any other provision 

of law, including activities implemented through nongovernmental 

and international organizations, and section 301 of the Foreign 

Assistance Act of 1961 for a voluntary contribution to the International Atomic Energy Agency (IAEA), and for a United States 

contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided, That the clearance of unexploded 

ordnance should prioritize areas where such ordnance was caused 

by the United States: Provided further, That of the funds made 

available under this heading, not to exceed $30,000,000, to remain 

available until expended, may be made available for the Nonproliferation and Disarmament Fund, notwithstanding any other 

provision of law and subject to prior consultation with, and the 

regular notification procedures of, the Committees on Appropriations, to promote bilateral and multilateral activities relating to 

nonproliferation, disarmament and weapons destruction: Provided 

further, That such funds may also be used for such countries other 

than the Independent States of the former Soviet Union and international organizations when it is in the national security interest 

of the United States to do so: Provided further, That funds appropriated under this heading may be made available for the IAEA 

unless the Secretary of State determines that Israel is being denied 

its right to participate in the activities of that Agency: Provided 

further, That funds appropriated under this heading may be made 

available for public-private partnerships for conventional weapons 

and mine action by grant, cooperative agreement or contract: Provided further, That funds made available for demining and related 

activities, in addition to funds otherwise available for such purposes, 

may be used for administrative expenses related to the operation 

and management of the demining program: Provided further, That 

funds appropriated under this heading that are available for ‘‘Antiterrorism Assistance’’ and ‘‘Export Control and Border Security’’ 

shall remain available until September 30, 2013. 

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. 

Notification. 

Child soldiers. 

Determination. 

Israel. 

Consultation. 

Notification. 


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125 STAT. 1186 PUBLIC LAW 112–74—DEC. 23, 2011 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, $105,788,000, of which 

up to $4,000,000 may remain available until September 30, 2013, 

and may only be provided through the regular notification procedures of the Committees on Appropriations: Provided, That the 

civilian personnel for whom military education and training may 

be provided under this heading may include civilians who are 

not members of a government whose participation would contribute 

to improved civil-military relations, civilian control of the military, 

or respect for human rights: Provided further, That the Secretary 

of State shall provide to the Committees on Appropriations, not 

later than 45 days after enactment of this Act, a report on the 

proposed uses of all program funds under this heading on a countryby-country basis, including a detailed description of proposed activities: Provided further, That of the funds appropriated under this heading, not to exceed $55,000 may be available for entertainment 

allowances. 

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 

Deadline. 

Reports. 

Israel. 

Disbursement. 

Deadline. 

Notification. 

Deadline. 

Reports. 

Notification. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1187 

organized dissent: Provided further, That the Secretary of State 

should consult with the Committees on Appropriations prior to 

obligating funds for such items to governments of countries undergoing democratic transition in the Middle East and North Africa: 

Provided further, That none of the funds made available under 

this heading shall be made available to support or continue any 

program initially funded under the authority of section 1206 of 

the National Defense Authorization Act for Fiscal Year 2006 (Public 

Law 109–163; 119 Stat. 3456) unless the Secretary of State, in 

coordination with the Secretary of Defense, has justified such program to the Committees on Appropriations: Provided further, That 

funds appropriated or otherwise made available under this heading 

shall be nonrepayable notwithstanding any requirement in section 

23 of the Arms Export Control Act: Provided further, That funds 

made available under this heading shall be obligated upon apportionment in accordance with paragraph (5)(C) of title 31, United 

States Code, section 1501(a). 

None of the funds made available under this heading shall 

be available to finance the procurement of defense articles, defense 

services, or design and construction services that are not sold by 

the United States Government under the Arms Export Control 

Act unless the foreign country proposing to make such procurement 

has first signed an agreement with the United States Government 

specifying the conditions under which such procurement may be 

financed with such funds: Provided, That all country and funding 

level increases in allocations shall be submitted through the regular 

notification procedures of section 7015 of this Act: Provided further, 

That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance 

of unexploded ordnance, and related activities, and may include 

activities implemented through nongovernmental and international 

organizations: Provided further, That only those countries for which 

assistance was justified for the ‘‘Foreign Military Sales Financing 

Program’’ in the fiscal year 1989 congressional presentation for 

security assistance programs may utilize funds made available 

under this heading for procurement of defense articles, defense 

services or design and construction services that are not sold by 

the United States Government under the Arms Export Control 

Act: Provided further, That funds appropriated under this heading 

shall be expended at the minimum rate necessary to make timely 

payment for defense articles and services: Provided further, That 

not more than $62,800,000 of the funds appropriated under this 

heading may be obligated for necessary expenses, including the 

purchase of passenger motor vehicles for replacement only for use 

outside of the United States, for the general costs of administering 

military assistance and sales, except that this limitation may be 

exceeded only through the regular notification procedures of the 

Committees on Appropriations: Provided further, That of the funds 

appropriated under this heading for general costs of administering 

military assistance and sales, not to exceed $4,000 may be available 

for entertainment expenses and not to exceed $130,000 may be 

available for representation allowances: Provided further, That not 

more than $836,900,000 of funds realized pursuant to section 

21(e)(1)(A) of the Arms Export Control Act may be obligated for 

expenses incurred by the Department of Defense during fiscal year 

2012 pursuant to section 43(b) of the Arms Export Control Act, 

Notification. 

Notification. 

Notification. 


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125 STAT. 1188 PUBLIC LAW 112–74—DEC. 23, 2011 

except that this limitation may be exceeded only through the regular 

notification procedures of the Committees on Appropriations. 

TITLE V 

MULTILATERAL ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

For necessary expenses to carry out the provisions of section 

301 of the Foreign Assistance Act of 1961, and of section 2 of 

the United Nations Environment Program Participation Act of 1973, 

$348,705,000, of which up to $10,000,000 may be made available 

for the Intergovernmental Panel on Climate Change/United Nations 

Framework Convention on Climate Change: Provided, That section 

307(a) of the Foreign Assistance Act of 1961 shall not apply to 

contributions to the United Nations Democracy Fund. 

INTERNATIONAL FINANCIAL INSTITUTIONS

GLOBAL ENVIRONMENT FACILITY

For payment to the International Bank for Reconstruction and 

Development as trustee for the Global Environment Facility by 

the Secretary of the Treasury, $89,820,000, to remain available 

until expended. 

CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

For payment to the International Development Association by the Secretary of the Treasury, $1,325,000,000, to remain available 

until expended. 

For payment to the International Development Association by 

the Secretary of the Treasury for costs incurred under the Multilateral Debt Relief Initiative, $167,000,000, to remain available until 

expended. 

CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION

AND DEVELOPMENT

For payment to the International Bank for Reconstruction and 

Development by the Secretary of the Treasury, for the United 

States share of the paid-in portion of the increases in capital stock, 

$117,364,344, to remain available until expended. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the International Bank for 

Reconstruction and Development may subscribe without fiscal year 

limitation to the callable capital portion of the United States share 

of increases in capital stock in an amount not to exceed 

$2,928,990,899. 

CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND

For payment to the International Bank for Reconstruction and 

Development as trustee for the Clean Technology Fund by the 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1189 

Secretary of the Treasury, $184,630,000, to remain available until 

expended. 

CONTRIBUTION TO THE STRATEGIC CLIMATE FUND

For payment to the International Bank for Reconstruction and 

Development as trustee for the Strategic Climate Fund by the 

Secretary of the Treasury, $49,900,000, to remain available until 

expended. 

GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM

For payment to the Global Agriculture and Food Security Pro- gram by the Secretary of the Treasury, $135,000,000, to remain 

available until expended. 

CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK

For payment to the Inter-American Development Bank by the 

Secretary of the Treasury for the United States share of the paidin portion of the increase in capital stock, $75,000,000, to remain 

available until expended. 

For payment to the Inter-American Investment Corporation 

by the Secretary of the Treasury, $4,670,000, to remain available 

until expended. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the Inter-American Development 

Bank may subscribe without fiscal year limitation to the callable 

capital portion of the United States share of such capital stock 

in an amount not to exceed $4,098,794,833. 

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

MULTILATERAL INVESTMENT FUND

For payment to the Enterprise for the Americas Multilateral 

Investment Fund by the Secretary of the Treasury, $25,000,000, 

to remain available until expended. 

CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

For payment to the Asian Development Bank by the Secretary 

of the Treasury for the United States share of the paid-in portion 

of increase in capital stock, $106,586,000, to remain available until 

expended. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the Asian Development Bank 

may subscribe without fiscal year limitation to the callable capital 

portion of the United States share of such capital stock in an 

amount not to exceed $2,558,048,769. 

CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

For payment to the Asian Development Bank’s Asian Development Fund by the Secretary of the Treasury, $100,000,000, to 

remain available until expended. 


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125 STAT. 1190 PUBLIC LAW 112–74—DEC. 23, 2011 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

For payment to the African Development Bank by the Secretary 

of the Treasury for the United States share of the paid-in portion 

of the increase in capital stock, $32,417,720, to remain available 

until expended. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the African Development Bank 

may subscribe without fiscal year limitation to the callable capital 

portion of the United States share of such capital stock in an 

amount not to exceed $507,860,808. 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

For payment to the African Development Fund by the Secretary 

of the Treasury, $172,500,000, to remain available until expended. 

For payment to the African Development Fund by the Secretary 

of the Treasury for costs incurred under the Multilateral Debt 

Relief Initiative, $7,500,000, to remain available until expended. 

EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the European Bank for 

Reconstruction and Development may subscribe without fiscal year 

limitation to the callable capital of the United States share of 

such capital in an amount not to exceed $1,252,331,952. 

CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL

DEVELOPMENT

For payment to the International Fund for Agricultural 

Development by the Secretary of the Treasury, $30,000,000, to 

remain available until expended. 

TITLE VI 

EXPORT AND INVESTMENT ASSISTANCE 

EXPORT-IMPORT BANK OF THE UNITED STATES

INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

as amended, $4,000,000, to remain available until September 30, 

2013. 

PROGRAM ACCOUNT

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 

Contracts. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1191 

out the program for the current fiscal year for such corporation: 

Provided, That none of the funds available during the current 

fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology 

to any country, other than a nuclear-weapon state as defined in 

Article IX of the Treaty on the Non-Proliferation of Nuclear 

Weapons eligible to receive economic or military assistance under 

this Act, that has detonated a nuclear explosive after the date 

of the enactment of this Act: Provided further, That not less than 

10 percent of the aggregate loan, guarantee, and insurance 

authority available to the Export-Import Bank under this Act should 

be used for renewable energy technologies or end-use energy efficiency technologies: Provided further, That notwithstanding section 

1(c) of Public Law 103–428, as amended, sections 1(a) and (b) 

of Public Law 103–428 shall remain in effect through October 

1, 2012: Provided further, That notwithstanding the dates specified 

in section 7 of the Export-Import Bank Act of 1945 (12 U.S.C. 

6350 and section 1(c) of Public Law 103–428), the Export-Import 

Bank of the United States shall continue to exercise its functions 

in connection with and in furtherance of its objects and purposes 

through May 31, 2012. 

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 

Termination 

date. 

12 USC 635a 

note. 

Notification. 

Termination 

date. 

Loans. 

12 USC 635f 

note. 

Termination 

date. 

12 USC 635 note. 


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125 STAT. 1192 PUBLIC LAW 112–74—DEC. 23, 2011 

or other assets acquired by the Export-Import Bank in satisfaction 

of moneys owed the Export-Import Bank, or the investigation or 

appraisal of any property, or the evaluation of the legal, financial, 

or technical aspects of any transaction for which an application 

for a loan, guarantee or insurance commitment has been made, 

or systems infrastructure directly supporting transactions: Provided 

further, That, in addition to other funds appropriated for administrative expenses, such fees shall be credited to this account, to 

remain available until expended. 

RECEIPTS COLLECTED

Receipts collected pursuant to the Export-Import Bank Act 

of 1945, as amended, and the Federal Credit Reform Act of 1990, 

as amended, in an amount not to exceed the amount appropriated 

herein, shall be credited as offsetting collections to this account: 

Provided, That the sums herein appropriated from the General 

Fund shall be reduced on a dollar-for-dollar basis by such offsetting 

collections so as to result in a final fiscal year appropriation from 

the General Fund estimated at $0: Provided further, That amounts 

collected in fiscal year 2012 in excess of obligations, up to 

$50,000,000, shall become available on September 1, 2012, and 

shall remain available until September 30, 2015. 

OVERSEAS PRIVATE INVESTMENT CORPORATION

NONCREDIT ACCOUNT

The Overseas Private Investment Corporation is authorized 

to make, without regard to fiscal year limitations, as provided 

by 31 U.S.C. 9104, such expenditures and commitments within 

the limits of funds available to it and in accordance with law 

as may be necessary: Provided, That the amount available for 

administrative expenses to carry out the credit and insurance programs (including an amount for official reception and representation 

expenses which shall not exceed $35,000) shall not exceed 

$54,990,000: Provided further, That project-specific transaction 

costs, including direct and indirect costs incurred in claims settlements, and other direct costs associated with services provided 

to specific investors or potential investors pursuant to section 234 

of the Foreign Assistance Act of 1961, shall not be considered 

administrative expenses for the purposes of this heading. 

PROGRAM ACCOUNT

For the cost of direct and guaranteed loans, $25,000,000, as 

authorized by section 234 of the Foreign Assistance Act of 1961, 

to be derived by transfer from the Overseas Private Investment 

Corporation Noncredit Account: Provided, That such costs, including 

the cost of modifying such loans, shall be as defined in section 

502 of the Congressional Budget Act of 1974: Provided further, 

That such sums shall be available for direct loan obligations and 

loan guaranty commitments incurred or made during fiscal years 

2012, 2013, and 2014: Provided further, That funds so obligated 

in fiscal year 2012 remain available for disbursement through 2020; 

funds obligated in fiscal year 2013 remain available for disbursement through 2021; and funds obligated in fiscal year 2014 remain 

available for disbursement through 2022: Provided further, That 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1193 

notwithstanding any other provision of law, the Overseas Private 

Investment Corporation is authorized to undertake any program 

authorized by title IV of chapter 2 of part I of the Foreign Assistance 

Act of 1961 in Iraq: Provided further, That funds made available 

pursuant to the authority of the previous proviso shall be subject 

to the regular notification procedures of the Committees on Appropriations. 

In addition, such sums as may be necessary for administrative 

expenses to carry out the credit program may be derived from 

amounts available for administrative expenses to carry out the 

credit and insurance programs in the Overseas Private Investment 

Corporation Noncredit Account and merged with said account. 

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. 

Contracts. 

Notification. 


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125 STAT. 1194 PUBLIC LAW 112–74—DEC. 23, 2011 

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. 

Deadline. 

Reports. 

Consultation. 

Notification. 

Determination. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1195 

PERSONNEL ACTIONS

SEC. 7005. Any costs incurred by a department or agency funded 

under title I of this Act resulting from personnel actions taken 

in response to funding reductions included in this Act shall be 

absorbed within the total budgetary resources available under title 

I to such department or agency: Provided, That the authority to 

transfer funds between appropriations accounts as may be necessary 

to carry out this section is provided in addition to authorities 

included elsewhere in this Act: Provided further, That use of funds 

to carry out this section shall be treated as a reprogramming 

of funds under section 7015 of this Act and shall not be available 

for obligation or expenditure except in compliance with the procedures set forth in that section. 

LOCAL GUARD CONTRACTS

SEC. 7006. In evaluating proposals for local guard contracts, 

the Secretary of State shall award contracts in accordance with 

section 136 of the Foreign Relations Authorization Act, Fiscal Years 

1990 and 1991 (22 U.S.C. 4864), except that the Secretary may 

grant authorization to award such contracts on the basis of best 

value as determined by a cost-technical tradeoff analysis (as 

described in Federal Acquisition Regulation part 15.101) in Iraq, 

Afghanistan, and Pakistan, notwithstanding subsection (c)(3) of 

such section: Provided, That the authority in this section shall 

apply to any options for renewal that may be exercised under 

such contracts that are awarded during the current fiscal year: 

Provided further, That prior to issuing a solicitation for a contract 

to be awarded pursuant to the authority under this section, the 

Secretary of State shall consult with the Committees on Appropriations and other relevant congressional committees. 

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’E ́TAT

SEC. 7008. None of the funds appropriated or otherwise made 

available pursuant to titles III through VI of this Act shall be 

obligated or expended to finance directly any assistance to the 

government of any country whose duly elected head of government 

is deposed by military coup d’e ́tat or decree or, after the date 

of enactment of this Act, a coup d’e ́tat or decree in which the 

military plays a decisive role: Provided, That assistance may be 

resumed to such government if the President determines and certifies to the Committees on Appropriations that subsequent to the 

termination of assistance a democratically elected government has 

taken office: Provided further, That the provisions of this section 

shall not apply to assistance to promote democratic elections or 

public participation in democratic processes: Provided further, That Notification. 

President. 

Determination. 

Certification. 

Consultation. 

Applicability. 


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125 STAT. 1196 PUBLIC LAW 112–74—DEC. 23, 2011 

funds made available pursuant to the previous provisos shall be 

subject to the regular notification procedures of the Committees 

on Appropriations. 

TRANSFER AUTHORITY

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 

Notification. 

Notification. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1197 

Health Programs’’, ‘‘Development Assistance’’, and ‘‘Economic 

Support Fund’’ shall be subject to the regular notification procedures of the Committees on Appropriations: Provided, That 

the requirement in the previous sentence shall not apply to 

agreements entered into between USAID and the Department 

of State. 

(d) TRANSFERS BETWEEN ACCOUNTS.—None of the funds made 

available under titles II through V of this Act may be obligated 

under an appropriation account to which they were not appropriated, except for transfers specifically provided for in this Act, 

unless the President, not less than 5 days prior to the exercise 

of any authority contained in the Foreign Assistance Act of 1961 

to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations. 

(e) AUDIT OF INTER-AGENCY TRANSFERS.—Any agreement for 

the transfer or allocation of funds appropriated by this Act, or 

prior Acts, entered into between the Department of State or USAID 

and another agency of the United States Government under the 

authority of section 632(a) of the Foreign Assistance Act of 1961 

or any comparable provision of law, shall expressly provide that 

the Inspector General (IG) for the agency receiving the transfer 

or allocation of such funds, or other entity with audit responsibility 

if the receiving agency does not have an IG, shall perform periodic 

program and financial audits of the use of such funds: Provided, 

That such audits shall be transmitted to the Committees on Appropriations: Provided further, That funds transferred under such 

authority may be made available for the cost of such audits. 

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 

Contracts. 

President. 

Deadline. 

Consultation. 

Policy 

justification. 


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125 STAT. 1198 PUBLIC LAW 112–74—DEC. 23, 2011 

disbursements in order to address balance of payments or economic 

policy reform objectives, shall remain available for an additional 

4 years from the date on which the availability of such funds 

would otherwise have expired, if such funds are initially allocated 

or obligated before the expiration of their respective periods of 

availability contained in this Act: Provided further, That the Secretary of State shall provide a report to the Committees on Appropriations at the beginning of each fiscal year, detailing by account 

and source year, the use of this authority during the previous 

fiscal year. 

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.— 

Certification. 

Reports. 

Negotiations. 

President. 

Determination. 

Consultation. 

Reports. 

Deadline. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1199 

(1) The provisions of this section shall not apply to any 

country or entity the Secretary of State determines— 

(A) does not assess taxes on United States assistance 

or which has an effective arrangement that is providing 

substantial reimbursement of such taxes; or 

(B) the foreign policy interests of the United States 

outweigh the purpose of this section to ensure that United 

States assistance is not subject to taxation. 

(2) The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising 

the authority of this subsection with regard to any country 

or entity. 

(f) IMPLEMENTATION.—The Secretary of State shall issue rules, 

regulations, or policy guidance, as appropriate, to implement the 

prohibition against the taxation of assistance contained in this 

section. 

(g) DEFINITIONS.—As used in this section— 

(1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to value added 

taxes and customs duties imposed on commodities financed 

with United States assistance for programs for which funds 

are appropriated by this Act; and 

(2) the term ‘‘bilateral agreement’’ refers to a framework 

bilateral agreement between the Government of the United 

States and the government of the country receiving assistance 

that describes the privileges and immunities applicable to 

United States foreign assistance for such country generally, 

or an individual agreement between the Government of the 

United States and such government that describes, among other 

things, the treatment for tax purposes that will be accorded 

the United States assistance provided under that agreement. 

(h) REPORT.—The Secretary of State shall submit a report 

to the Committees on Appropriations not later than 90 days after 

the enactment of this Act detailing steps taken by the Department 

of State to comply with the requirements provided in subsections 

(a) and (f). 

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 

Extension. 

Determination. 

Reports. 

Notification. 

Regulations. 

Consultation. 

Deadline. 


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125 STAT. 1200 PUBLIC LAW 112–74—DEC. 23, 2011 

can be obligated during the original period of availability: Provided, That such designated funds that continue to be available for an 

additional fiscal year shall be obligated only for the purpose of 

such designation. 

(c) Ceilings and specifically designated funding levels contained 

in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless 

such Act specifically so directs: Provided, That specifically designated funding levels or minimum funding requirements contained 

in any other Act shall not be applicable to funds appropriated 

by this Act. 

NOTIFICATION REQUIREMENTS

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 

Applicability. 

Deadlines. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1201 

in existing programs, activities, or projects as approved by 

Congress; unless the Committees on Appropriations are notified 

15 days in advance of such reprogramming of funds. 

(c) None of the funds made available under titles II through 

VI and VIII in this Act under the headings ‘‘Global Health Programs’’, ‘‘Development Assistance’’, ‘‘International Organizations 

and Programs’’, ‘‘Trade and Development Agency’’, ‘‘International 

Narcotics Control and Law Enforcement’’, ‘‘Assistance for Europe, 

Eurasia and Central Asia’’, ‘‘Economic Support Fund’’, ‘‘Democracy 

Fund’’, ‘‘Peacekeeping Operations’’, ‘‘Capital Investment Fund’’, 

‘‘Operating Expenses’’, ‘‘Conflict Stabilization Operations’’, ‘‘Office 

of Inspector General’’, ‘‘Nonproliferation, Anti-terrorism, Demining 

and Related Programs’’, ‘‘Millennium Challenge Corporation’’, ‘‘Foreign Military Financing Program’’, ‘‘International Military Education and Training’’, ‘‘Pakistan Counterinsurgency Capability 

Fund’’, and ‘‘Peace Corps’’, shall be available for obligation for 

activities, programs, projects, type of materiel assistance, countries, 

or other operations not justified or in excess of the amount justified 

to the Committees on Appropriations for obligation under any of 

these specific headings unless the Committees on Appropriations 

are notified 15 days in advance: Provided, That the President shall 

not enter into any commitment of funds appropriated for the purposes of section 23 of the Arms Export Control Act for the provision 

of major defense equipment, other than conventional ammunition, 

or other major defense items defined to be aircraft, ships, missiles, 

or combat vehicles, not previously justified to Congress or 20 percent 

in excess of the quantities justified to Congress unless the Committees on Appropriations are notified 15 days in advance of such 

commitment: Provided further, That requirements of this subsection 

or any similar provision of any other Act shall not apply to any 

reprogramming for an activity, program, or project for which funds 

are appropriated under titles II through IV of this Act of less 

than 10 percent of the amount previously justified to the Congress 

for obligation for such activity, program, or project for the current 

fiscal year. 

(d) Notwithstanding any other provision of law, with the exception of funds transferred to, and merged with, funds appropriated 

under title I of this Act, funds transferred by the Department 

of Defense to the Department of State and the United States 

Agency for International Development for assistance for foreign 

countries and international organizations, and funds made available 

for programs authorized by section 1206 of the National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 109–163), shall 

be subject to the regular notification procedures of the Committees 

on Appropriations. 

(e) The requirements of this section or any similar provision 

of this Act or any other Act, including any prior Act requiring 

notification in accordance with the regular notification procedures 

of the Committees on Appropriations, may be waived if failure 

to do so would pose a substantial risk to human health or welfare: 

Provided, That in case of any such waiver, notification to the 

Committees on Appropriations shall be provided as early as practicable, but in no event later than 3 days after taking the action 

to which such notification requirement was applicable, in the context of the circumstances necessitating such waiver: Provided further, That any notification provided pursuant to such a waiver 

shall contain an explanation of the emergency circumstances. 

Explanation. 

Deadline. 

Waiver authority. 

President. 


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125 STAT. 1202 PUBLIC LAW 112–74—DEC. 23, 2011 

(f) None of the funds appropriated under titles III through 

VI and VIII of this Act shall be obligated or expended for assistance 

for Serbia, Sudan, South Sudan, Zimbabwe, Afghanistan, Iraq, Pakistan, Cuba, Iran, Haiti, Libya, Ethiopia, Nepal, Colombia, Honduras, Burma, Yemen, Mexico, Kazakhstan, Uzbekistan, the Russian Federation, Somalia, Sri Lanka, or Cambodia except as provided through the regular notification procedures of the Committees 

on Appropriations. 

NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

SEC. 7016. Prior to providing excess Department of Defense 

articles in accordance with section 516(a) of the Foreign Assistance 

Act of 1961, the Department of Defense shall notify the Committees 

on Appropriations to the same extent and under the same conditions 

as other committees pursuant to subsection (f) of that section: 

Provided, That before issuing a letter of offer to sell excess defense 

articles under the Arms Export Control Act, the Department of 

Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees 

if such defense articles are significant military equipment (as 

defined in section 47(9) of the Arms Export Control Act) or are 

valued (in terms of original acquisition cost) at $7,000,000 or more, 

or if notification is required elsewhere in this Act for the use 

of appropriated funds for specific countries that would receive such 

excess defense articles: Provided further, That such Committees 

shall also be informed of the original acquisition cost of such defense 

articles. 

LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL

ORGANIZATIONS AND PROGRAMS

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 planPresident. ning. None of the funds made available to carry out part I of 

Certification. 

Notification. 


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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 

Reports. 

Applicability. 

Termination 

date. 

President. 

Determinations. 

Notification. 


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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. 

Reports. 

Deadline. 

Federal Register, 

publication. 

Deadline. 

Notification. 

Waiver authority. 


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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 ExportImport Bank and the Overseas Private Investment Corporation 

shall be obligated or expended to finance any loan, any assistance 

or any other financial commitments for establishing or expanding 

production of any commodity for export by any country other than 

the United States, if the commodity is likely to be in surplus 

on world markets at the time the resulting productive capacity 

is expected to become operative and if the assistance will cause 

substantial injury to United States producers of the same, similar, 

or competing commodity: Provided, That such prohibition shall not 

apply to the Export-Import Bank if in the judgment of its Board 

of Directors the benefits to industry and employment in the United 

States are likely to outweigh the injury to United States producers 

of the same, similar, or competing commodity, and the Chairman 

of the Board so notifies the Committees on Appropriations: Provided 

further, That this subsection shall not prohibit— 

(1) activities in a country that is eligible for assistance 

from the International Development Association, is not eligible 

for assistance from the International Bank for Reconstruction 

and Development, and does not export on a consistent basis 

the agricultural commodity with respect to which assistance 

is furnished; or 

(2) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a 

complex emergency. 

(b) None of the funds appropriated by this or any other Act 

to carry out chapter 1 of part I of the Foreign Assistance Act 

of 1961 shall be available for any testing or breeding feasibility 

study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or 

production in a foreign country of an agricultural commodity for 

export which would compete with a similar commodity grown or 

produced in the United States: Provided, That this subsection shall 

not prohibit— 

(1) activities designed to increase food security in developing countries where such activities will not have a significant 

impact on the export of agricultural commodities of the United 

States; 

(2) research activities intended primarily to benefit American producers; 

Notification. 

Consultation. 

Reports. 

Deadline. 


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(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 

22 USC 2362 

note. 

Contracts. 

22 USC 262h 

note. 


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(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 

Deadline. 

President. 


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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 

Abortion. 

Sterilization. 

President. 

Notification. 


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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 debtfor-nature exchanges, a nongovernmental organization which is a 

grantee or contractor of the United States Agency for International 

Development may place in interest bearing accounts local currencies 

which accrue to that organization as a result of economic assistance 

provided under title III of this Act and, subject to the regular 

notification procedures of the Committees on Appropriations, any 

interest earned on such investment shall be used for the purpose 

for which the assistance was provided to that organization. 

FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY

SEC. 7031. (a) LIMITATION ON DIRECT GOVERNMENT-TO-GOVERN- MENT ASSISTANCE.— 

Notification. 

Definition. 


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(1) Funds appropriated by this Act may be made available 

for direct Government-to-Government assistance only if— 

(A) each implementing agency or ministry to receive 

assistance has been assessed and is considered to have 

the systems required to manage such assistance and any 

identified vulnerabilities or weaknesses of such agency or 

ministry have been addressed; and 

(i) the recipient agency or ministry employs and 

utilizes staff with the necessary technical, financial, 

and management capabilities; 

(ii) the recipient agency or ministry has adopted 

competitive procurement policies and systems; 

(iii) effective monitoring and evaluation systems 

are in place to ensure that such assistance is used 

for its intended purposes; and 

(iv) no level of acceptable fraud is assumed. 

(B) the Government of the United States and the 

government of the recipient country have agreed, in 

writing— 

(i) on clear and achievable objectives for the use 

of such assistance; and 

(ii) that such assistance should be made on a costreimbursable basis. 

(2) In addition to the requirements in subsection (a), no 

funds may be made available for such assistance without prior 

consultation with, and notification to, the Committees on Appropriations: Provided, That such notification shall contain an 

explanation of how the proposed activity meets the requirements of paragraph (1): Provided further, That the requirements of this paragraph shall only apply to direct Governmentto-Government assistance in excess of $10,000,000 and all funds 

available for cash transfer, budget support, and cash payments 

to individuals. 

(3) The USAID Administrator or the Secretary of State, 

as appropriate, shall suspend any such assistance if the 

Administrator or the Secretary has credible information of 

material misuse of such assistance, unless the Administrator 

or the Secretary determines and reports to the Committees 

on Appropriations that it is in the national interest of the 

United States to continue such assistance. 

(4) Not later than 90 days after the enactment of this 

Act and 6 months thereafter, the USAID Administrator shall 

submit to the Committees on Appropriations a report that— 

(A) details all assistance described in subsection (a) 

provided during the previous 6-month period by country, 

funding amount, source of funds, and type of such assistance; and 

(B) the type of procurement instrument or mechanism 

utilized and whether the assistance was provided on a 

cost-reimbursable basis. 

(5) The USAID Administrator shall submit to the Committees on Appropriations, concurrent with the fiscal year 2013 

congressional budget justification materials, amounts planned 

for assistance described in subsection (a) by country, proposed 

funding amount, source of funds, and type of assistance. 

(b) NATIONAL BUDGET AND CONTRACT TRANSPARENCY.— 

Submission. 

Deadlines. 

Reports. 

Suspension. 

Determination. 

Reports. 

Applicability. 

Consultation. 

Notification. 


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(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 

Deadlines. 

Reports. 

Waiver authority. 

Determination. 

8 USC 1182 note. 

Reports. 

Determination. 

Public 

information. 

Standards. 


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125 STAT. 1212 PUBLIC LAW 112–74—DEC. 23, 2011 

on Appropriations describing the information regarding corruption concerning each of the individuals found ineligible pursuant to paragraph (1), a list of any waivers provided under 

subsection (3), and the justification for each waiver. 

AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

SEC. 7032. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CAN- CELLATION.— 

(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 

Notification. 

President. 

Determination. 

President. 


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in debt-for-equity swaps, debt-for-development swaps, or debt-fornature swaps. 

(d) DEBTOR CONSULTATIONS.—Before the sale to any eligible 

purchaser, or any reduction or cancellation pursuant to this section, 

of any loan made to an eligible country, the President should 

consult with the country concerning the amount of loans to be 

sold, reduced, or canceled and their uses for debt-for-equity swaps, 

debt-for-development swaps, or debt-for-nature swaps. 

(e) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to funds appropriated 

by this Act under the heading ‘‘Debt Restructuring’’. 

MULTI-YEAR COMMITMENTS

SEC. 7033. None of the funds appropriated by this Act may 

be used to make a future year funding pledge for any multilateral 

or bilateral program funded in titles III through VI of this Act 

unless such pledge was— 

(1) previously justified in a congressional budget justification; 

(2) included in an Act making appropriations for the 

Department of State, foreign operations, and related programs 

or previously authorized by an Act of Congress; 

(3) notified in accordance with the regular notification 

procedures of the Committees on Appropriations; or 

(4) the subject of prior consultation with the Committees 

on Appropriations and such consultation was conducted at least 

7 days in advance of the pledge. 

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 

Notification. 

Notification. 

Consultation. 

Time period. 


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‘‘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. 

Definition. 

Consultation. 


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(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. 

Determination. 

Implementation. 

Reports. 

Deadline. 

Deadline. 

Review. 

Assessment. 

Coordination. 


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125 STAT. 1216 PUBLIC LAW 112–74—DEC. 23, 2011 

(k) MODIFICATION OF AMENDMENT.—Section 620J of the Foreign 

Assistance Act of 1961 (Limitation on Assistance to Security Forces) 

is amended as follows: 

(1) by redesignating the section as section 620M; 

(2) in subsection (a), by striking ‘‘evidence’’ and inserting 

‘‘information’’ and by striking ‘‘gross violations’’ and inserting 

‘‘a gross violation’’; 

(3) in subsection (b), by striking ‘‘measures’’ and inserting 

‘‘steps’’; and 

(4) by adding the following subsection: 

‘‘(d) CREDIBLE INFORMATION.—The Secretary shall establish, 

and periodically update, procedures to— 

‘‘(1) ensure that for each country the Department of State 

has a current list of all security force units receiving United 

States training, equipment, or other types of assistance; 

‘‘(2) facilitate receipt by the Department of State and 

United States embassies of information from individuals and 

organizations outside the United States Government about 

gross violations of human rights by security force units; 

‘‘(3) routinely request and obtain such information from 

the Department of Defense, the Central Intelligence Agency, 

and other United States Government sources; 

‘‘(4) ensure that such information is evaluated and preserved; 

‘‘(5) ensure that when vetting an individual for eligibility 

to receive United States training the individual’s unit is also 

vetted; 

‘‘(6) seek to identify the unit involved when credible 

information of a gross violation exists but the identity of the 

unit is lacking; and 

‘‘(7) make publicly available, to the maximum extent practicable, the identity of those units for which no assistance 

shall be furnished pursuant to subsection (a).’’. 

(l) SECTIONS REPEALED.—Sections 494, 495, and 495B through 

495K of the Foreign Assistance Act of 1961 are hereby repealed. 

(m) EXTENSION OF AUTHORITIES.— 

(1) Section 1(b)(2) of the Passport Act of June 4, 1920 

(22 U.S.C. 214(b)(2)) shall be applied by substituting ‘‘September 30, 2012’’ for ‘‘September 30, 2010’’. 

(2) The authority provided by section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 

U.S.C. 4831(a)(3)) shall remain in effect through September 

30, 2012. 

(3) The authority contained in section 1115(d) of Public 

Law 111–32 shall remain in effect through September 30, 2012. 

(4) Section 824(g) of the Foreign Service Act of 1980 (22 

U.S.C. 4064(g)) shall be applied by substituting ‘‘September 

30, 2012’’ for ‘‘October 1, 2010’’ in paragraph (2). 

(5) Section 61(a) of the State Department Basic Authorities 

Act of 1956 (22 U.S.C. 2733(a)) shall be applied by substituting 

‘‘September 30, 2012’’ for ‘‘October 1, 2010’’ in paragraph (2). 

(6) Section 625(j)(1) of the Foreign Assistance Act of 1961 

(22 U.S.C. 2385(j)(1)) shall be applied by substituting ‘‘September 30, 2012’’ for ‘‘October 1, 2010’’ in subparagraph (B). 

(7) The authority contained in section 1603(a)(2) of Public 

Law 109–234, as amended, shall remain in effect through September 30, 2012. 

Extension. 

22 USC 2385 

note. 

22 USC 2733 

note. 

22 USC 4064 

note. 

22 USC 4831 

note. 

22 USC 

2292c, 2292f, 

2292h–2292q. 

Applicability. 

22 USC 214 note. 

Procedures. 

22 USC 2378d. 


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(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. 

Deadlines. 

Appointments. 

Reports. 

Deadline. 

Determination. 

22 USC 2152c, 

4506, 5474, 5814 

and note, 1928 

note, 4865 note, 

2656 note, 2291 

note, 5952 note, 

3927a. 


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125 STAT. 1218 PUBLIC LAW 112–74—DEC. 23, 2011 

(r) EXTENSION OF AUTHORITY.—The Foreign Operations, Export 

Financing, and Related Programs Appropriations Act, 1990 (Public 

Law 101–167) is amended— 

(1) In section 599D (8 U.S.C. 1157 note)— 

(A) in subsection (b)(3), by striking ‘‘and 2011’’ and 

inserting ‘‘2011, and 2012’’; and 

(B) in subsection (e), by striking ‘‘June 1, 2011’’ each 

place it appears and inserting ‘‘October 1, 2012’’; and 

(2) in section 599E (8 U.S.C. 1255 note) in subsection 

(b)(2), by striking ‘‘2011’’ and inserting ‘‘2012’’. 

ARAB LEAGUE BOYCOTT OF ISRAEL

SEC. 7035. It is the sense of the Congress that— 

(1) the Arab League boycott of Israel, and the secondary 

boycott of American firms that have commercial ties with Israel, 

is an impediment to peace in the region and to United States 

investment and trade in the Middle East and North Africa; 

(2) the Arab League boycott, which was regrettably 

reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded; 

(3) all Arab League states should normalize relations with 

their neighbor Israel; 

(4) the President and the Secretary of State should continue 

to vigorously oppose the Arab League boycott of Israel and 

find concrete steps to demonstrate that opposition by, for 

example, taking into consideration the participation of any 

recipient country in the boycott when determining to sell 

weapons to said country; and 

(5) the President should report to Congress annually on 

specific steps being taken by the United States to encourage 

Arab League states to normalize their relations with Israel 

to bring about the termination of the Arab League boycott 

of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses 

from complying with the boycott and penalizing businesses 

that do comply. 

PALESTINIAN STATEHOOD

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 

Determination. 

Certification. 


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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 

President. 

Determination. 


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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 nonFederal audits of all contractors and grantees, and significant 

subcontractors and sub-grantees, under the West Bank and 

Gaza Program, are conducted at least on an annual basis 

to ensure, among other things, compliance with this section. 

(2) Of the funds appropriated by this Act up to $500,000 

may be used by the Office of Inspector General of the United 

Reports. 

Determination. 

Terrorism. 

Deadline. 

Certification. 

Procedures. 


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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 

Reports. 

President. 

President. 

Certification. 

Deadline. 

Reports. 

Notification. 

Audit. 

Investigation. 


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125 STAT. 1222 PUBLIC LAW 112–74—DEC. 23, 2011 

treasury account, and there is a single comprehensive civil service 

roster and payroll. 

(f) PROHIBITION TO HAMAS AND THE PALESTINE LIBERATION

ORGANIZATION.— (1) None of the funds appropriated in titles III through 

VI of this Act may be obligated for salaries of personnel of 

the Palestinian Authority located in Gaza or may be obligated 

or expended for assistance to Hamas or any entity effectively 

controlled by Hamas, any power-sharing government of which 

Hamas is a member, or that results from an agreement with 

Hamas and over which Hamas exercises undue influence. 

(2) Notwithstanding the limitation of subsection (1), assistance may be provided to a power-sharing government only 

if the President certifies and reports to the Committees on 

Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying 

with the principles contained in section 620K(b)(1) (A) and 

(B) of the Foreign Assistance Act of 1961, as amended. 

(3) The President may exercise the authority in section 

620K(e) of the Foreign Assistance Act as added by the Palestinian Anti-Terrorism Act of 2006 (Public Law 109–446) with 

respect to this subsection. 

(4) Whenever the certification pursuant to paragraph (2) 

is exercised, the Secretary of State shall submit a report to 

the Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent are 

continuing to comply with the principles contained in section 

620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, 

as amended: Provided, That the report shall also detail the 

amount, purposes and delivery mechanisms for any assistance 

provided pursuant to the abovementioned certification and a 

full accounting of any direct support of such government. 

(5) None of the funds appropriated under titles III through 

VI of this Act may be obligated for assistance for the Palestine 

Liberation Organization. 

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 

Waiver authority. 

Determination. 

Reports. 

Certification. 

Reports. 

Deadline. 

President. 

Certification. 

Reports. 


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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, 

Applicability. 

Notification. 

Certification. 

Jordan. 

Applicability. 

Consultation. 

Justification. 


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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’’. 

Extension. 

Consultation. 

Deadlines. 

Public 

information. 

Web site. 

Reports. 

Termination 

date. 

Deadlines. 

Reports. 

Applicability. 


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(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 

Spending plan. 

Deadline. 

Reports. 

Base rights. 


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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). 

Reports. 

Consultation. 

Deadline. 

Reports. 

Consultation. 


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(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 antiretroviral therapy supported by such funds shall be negatively 

impacted by the transfer of such funds: Provided, That the authority 

of this subsection shall be subject to prior consultation with the 

Committees on Appropriations. 

(d) EXPANDED INTERNATIONAL MILITARY EDUCATION AND

TRAINING.— 

(1) Funds appropriated under the heading ‘‘International 

Military Education and Training’’ (IMET) in this Act that are 

made available for assistance for Angola, Cameroon, Central 

African Republic, Chad, Coˆte d’Ivoire, Guinea and Zimbabwe 

may be made available only for training related to international 

peacekeeping operations and expanded IMET: Provided, That 

the limitation included in this paragraph shall not apply to 

courses that support training in maritime security for Angola 

and Cameroon. 

(2) None of the funds appropriated under the heading 

‘‘International Military Education and Training’’ in this Act 

Consultation. 

Certification. 

Human rights. 

Reports. 


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may be made available for assistance for Equatorial Guinea 

or Somalia. 

(e) ETHIOPIA.— 

(1) Funds appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’ that are available for assistance for Ethiopia shall not be made available unless the Secretary of State— 

(A) certifies to the Committees on Appropriations that 

the Government of Ethiopia is implementing policies to 

respect due process and freedoms of expression and association, and is permitting access to human rights and humanitarian organizations to the Somalia region of Ethiopia; 

and 

(B) submits a report to the Committees on Appropriations on the types and amounts of United States training 

and equipment proposed to be provided to the Ethiopian 

military including steps that will be taken to ensure that 

such assistance is not provided to military units or personnel that have violated human rights, and steps taken 

by the Government of Ethiopia to investigate and prosecute 

members of the Ethiopian military who have been credibly 

alleged to have violated such rights. 

(2) The restriction in paragraph (1) shall not apply to 

assistance to Ethiopian military efforts in support of international peacekeeping operations, counterterrorism operations 

along the border with Somalia, and for assistance to the Ethiopian Defense Command and Staff College. 

(f) SUDAN LIMITATION ON ASSISTANCE.— 

(1) Notwithstanding any other provision of law, none of 

the funds appropriated by this Act may be made available 

for assistance for the Government of Sudan. 

(2) None of the funds appropriated by this Act may be 

made available for the cost, as defined in section 502 of the 

Congressional Budget Act of 1974, of modifying loans and loan 

guarantees held by the Government of Sudan, including the 

cost of selling, reducing, or canceling amounts owed to the 

United States, and modifying concessional loans, guarantees, 

and credit agreements. 

(3) The limitations of paragraphs (1) and (2) shall not 

apply to— 

(A) humanitarian assistance; 

(B) assistance for the Darfur region, Southern 

Kordofan/Nuba Mountains State, Blue Nile State, other 

marginalized areas and populations in Sudan, and Abyei; 

and 

(C) assistance to support implementation of the Comprehensive Peace Agreement (CPA), mutual arrangements 

related to post-referendum issues associated with the CPA, 

or to promote peace and stability between Sudan and South 

Sudan, or any other internationally recognized viable peace 

agreement in Sudan. 

(g) SOUTH SUDAN.— 

(1) Funds appropriated by this Act should be made available for assistance for South Sudan including to increase agricultural productivity, expand educational opportunities especially for girls, strengthen democratic institutions and the rule 

of law, and enhance the capacity of the Federal Legislative 

Certification. 

Reports. 


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Assembly to conduct oversight over government revenues and 

expenditures. 

(2) Not less than 15 days prior to the obligation of funds 

appropriated by this Act that are available for assistance for 

the Government of South Sudan, the Secretary of State shall 

submit a report to the Committees on Appropriations detailing 

the extent to which the Government of South Sudan is— 

(A) supporting freedom of expression, the establishment of democratic institutions including an independent 

judiciary, parliament, and security forces that are accountable to civilian authority; and 

(B) investigating and punishing members of security 

forces who have violated human rights. 

(3) The Secretary of State shall seek to obtain regular 

audits of the financial accounts of the Government of South 

Sudan to ensure transparency and accountability of funds, 

including revenues from the extraction of oil and gas, and 

the timely, public disclosure of such audits: Provided, That 

the Secretary should assist the Government of South Sudan 

in conducting such audits, and by providing technical assistance 

to enhance the capacity of the National Auditor Chamber to 

carry out its responsibilities, and shall submit a report not 

later than 90 days after enactment of this Act to the Committees on Appropriations detailing the steps that will be taken 

by the Government of South Sudan, which are additional to 

those taken in the previous fiscal year, to improve resource 

management and ensure transparency and accountability of 

funds. 

(h) UGANDA.—Funds appropriated by this Act should be made 

available for programs and activities in areas affected by the Lord’s 

Resistance Army. 

(i) WAR CRIMES IN AFRICA.— 

(1) The Congress reaffirms its support for the efforts of 

the International Criminal Tribunal for Rwanda (ICTR) and 

the Special Court for Sierra Leone (SCSL) to bring to justice 

individuals responsible for war crimes and crimes against 

humanity in a timely manner. 

(2) Funds appropriated by this Act may be made available 

for assistance for the central government of a country in which 

individuals indicted by the ICTR and the SCSL are credibly 

alleged to be living, if the Secretary of State determines and 

reports to the Committees on Appropriations that such government is cooperating with the ICTR and the SCSL, including 

the apprehension, surrender, and transfer of indictees in a 

timely manner: Provided, That this subsection shall not apply 

to assistance provided under section 551 of the Foreign Assistance Act of 1961 or to project assistance under title VI of 

this Act: Provided further, That the United States shall use 

its voice and vote in the United Nations Security Council to 

fully support efforts by the ICTR and the SCSL to bring to 

justice individuals indicted by such tribunals in a timely 

manner. 

(3) The prohibition in paragraph (2) may be waived on 

a country-by-country basis if the President determines that 

doing so is in the national security interest of the United 

States: Provided, That prior to exercising such waiver authority, Reports. 

Waiver authority. 

President. 

Determination. 

Determination. 

Reports. 

Reports. 

Deadline. 

Audits. 

Public 

information. 

Deadline. 

Reports. 


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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 

Loans. 

50 USC 1701 

note. 

Loans. 

Grants. 

Determination. 

Reports. 

22 USC 2151 

note. 


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made available to support programs in Burma: Provided further, That in addition to assistance for Burmese refugees appropriated under the heading ‘‘Migration and Refugee Assistance’’ 

in this Act, funds shall be made available for communitybased organizations operating in Thailand to provide food, medical, and other humanitarian assistance to internally displaced 

persons in eastern Burma: Provided further, That any new 

program or activity initiated with funds made available by 

this Act shall be subject to prior consultation with the Committees on Appropriations, and all such funds shall be subject 

to the regular notification procedures of the Committees on 

Appropriations. 

(c) CAMBODIA.—Funds made available in this Act for a United 

States contribution to a Khmer Rouge tribunal may only be made 

available if the Secretary of State certifies to the Committees on 

Appropriations that the United Nations and the Government of 

Cambodia are taking credible steps to address allegations of corruption and mismanagement within the tribunal. 

(d) INDONESIA.—Of the funds appropriated by this Act under 

the heading ‘‘Foreign Military Financing Program’’ that are available for assistance for Indonesia, $2,000,000 may not be obligated 

until the Secretary of State submits to the Committees on Appropriations the report on Indonesia required under such heading 

in Senate Report 112–85. 

(e) NORTH KOREA.—None of the funds made available by this 

Act under the heading ‘‘Economic Support Fund’’ may be made 

available for energy-related assistance for North Korea. 

(f) PEOPLE’S REPUBLIC OF CHINA.— 

(1) None of the funds appropriated under the heading ‘‘Diplomatic and Consular Programs’’ in this Act may be obligated 

or expended for processing licenses for the export of satellites 

of United States origin (including commercial satellites and 

satellite components) to the People’s Republic of China unless, 

at least 15 days in advance, the Committees on Appropriations 

are notified of such proposed action. 

(2) The terms and requirements of section 620(h) of the 

Foreign Assistance Act of 1961 shall apply to foreign assistance 

projects or activities of the People’s Liberation Army (PLA) 

of the People’s Republic of China, to include such projects 

or activities by any entity that is owned or controlled by, 

or an affiliate of, the PLA: Provided, That none of the funds 

appropriated or otherwise made available pursuant to this Act 

may be used to finance any grant, contract, or cooperative 

agreement with the PLA, or any entity that the Secretary 

of State has reason to believe is owned or controlled by, or 

an affiliate of, the PLA. 

(g) PHILIPPINES.—Of the funds appropriated by this Act under 

the heading ‘‘Foreign Military Financing Program’’ that are available for assistance for the Philippines, $3,000,000 may not be obligated until the Secretary of State submits to the Committees on 

Appropriations the report on the Philippines required under such 

heading in Senate Report 112–85. 

(h) VIETNAM.—Funds appropriated under the heading ‘‘Economic Support Fund’’ shall be made available for remediation of 

dioxin contaminated sites in Vietnam and may be made available 

for assistance for the Government of Vietnam, including the military, for such purposes, and funds under the heading ‘‘Development 

Reports. 

Applicability. 

People’s 

Liberation Army. 

Exports and 

imports. 

Deadline. 

Notification. 

Reports. 

Certification. 

Consultation. 

Notification. 

Thailand. 


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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 

Certification. 

President. 

Helicopters. 


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the Committees on Appropriations that there are no effective 

alternatives and the eradication is in accordance with Colombian laws. 

(2) COLOMBIAN ARMED FORCES.—Of the funds appropriated 

by this Act that are available for assistance for the Colombian 

Armed Forces, 25 percent may be obligated only after the 

Secretary of State consults with, and subsequently certifies 

and submits a report to, the Committees on Appropriations 

that the Government of Colombia and Colombian Armed Forces 

are meeting the conditions that appear under this section in 

the joint explanatory statement accompanying this Act: Provided, That the requirement to withhold funds from obligation 

shall not apply with respect to funds made available under 

the heading ‘‘International Narcotics Control and Law Enforcement’’ in this Act for continued support for the Critical Flight 

Safety Program or for any alternative development programs 

in Colombia administered by the Bureau of International Narcotics and Law Enforcement Affairs of the Department of State: 

Provided further, That not less than 30 days prior to making 

the certification the Secretary of State shall consult with Colombian and international human rights organizations. 

(3) ILLEGAL ARMED GROUPS.— 

(A) DENIAL OF VISAS.—Subject to paragraph (B), the 

Secretary of State shall not issue a visa to any alien who 

the Secretary determines, based on credible information— 

(i) has willfully provided any support to or benefitted from the Revolutionary Armed Forces of 

Colombia (FARC), the National Liberation Army 

(ELN), the United Self-Defense Forces of Colombia 

(AUC), or other illegal armed groups, including taking 

actions or failing to take actions which allow, facilitate, 

or otherwise foster the activities of such groups; or 

(ii) has committed, ordered, incited, assisted, or 

otherwise participated in the commission of a violation 

of human rights in Colombia. 

(B) WAIVER.—Paragraph (A) shall not apply if the Secretary of State certifies to the Committees on Appropriations, on a case-by-case basis, that the issuance of a visa 

to the alien is necessary to support the peace process 

in Colombia or for urgent humanitarian reasons. 

(b) GUATEMALA.—Funds appropriated by this Act under the 

headings ‘‘International Military Education and Training’’ (IMET) 

and ‘‘Foreign Military Financing Program’’ that are available for 

assistance for Guatemala may be made available only for the Guatemalan Air Force, Navy, and Army Corps of Engineers: Provided, 

That expanded IMET may be made available for assistance for 

the Guatemalan Army. 

(c) HAITI.—The Government of Haiti shall be eligible to purchase defense articles and services under the Arms Export Control 

Act (22 U.S.C. 2751 et seq.) for the Coast Guard. 

(d) HONDURAS.—Prior to the obligation of 20 percent of the 

funds appropriated by this Act that are available for assistance 

for Honduran military and police forces, the Secretary of State 

shall report in writing to the Committees on Appropriations that: 

the Government of Honduras is implementing policies to protect 

freedom of expression and association, and due process of law; 

and is investigating and prosecuting in the civilian justice system, 

Reports. 

Certification. 

Consultations. 

Certification. 


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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. 

Consultation. 

Certification. 

Reports. 


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(C) Funds will be used to support and strengthen the 

capacity of Afghan public and private institutions and entities to reduce corruption and to improve transparency and 

accountability of national, provincial and local governments. 

(D) Representatives of Afghan national, provincial or 

local governments, and local communities and civil society 

organizations, including women-led organizations, will be 

consulted and participate in the design of programs, 

projects, and activities, including participation in 

implementation and oversight, and the development of specific benchmarks to measure progress and outcomes. 

(2) ASSISTANCE AND OPERATIONS.— 

(A) Funds appropriated or otherwise made available 

by this Act for assistance for Afghanistan may be made 

available as a United States contribution to the Afghanistan Reconstruction Trust Fund (ARTF) unless the Secretary of State determines and reports to the Committees 

on Appropriations that the World Bank Monitoring Agent 

of the ARTF is unable to conduct its financial control 

and audit responsibilities due to restrictions on security 

personnel by the Government of Afghanistan. 

(B) Funds appropriated under the headings ‘‘Economic 

Support Fund’’ and ‘‘International Narcotics Control and 

Law Enforcement’’ in this Act that are available for assistance for Afghanistan— 

(i) shall be made available, to the maximum extent 

practicable, in a manner that emphasizes the participation of Afghan women, and directly improves the security, economic and social well-being, and political 

status, and protects the rights of, Afghan women and 

girls and complies with sections 7060 and 7061 of 

this Act, including support for the Afghan Independent 

Human Rights Commission, the Afghan Ministry of 

Women’s Affairs, and women-led organizations; 

(ii) may be made available for a United States 

contribution to an internationally managed fund to 

support the reconciliation with and disarmament, 

demobilization and reintegration into Afghan society 

of former combatants who have renounced violence 

against the Government of Afghanistan: Provided, That 

funds may be made available to support reconciliation 

and reintegration activities only if: 

(I) Afghan women are participating at 

national, provincial and local levels of government 

in the design, policy formulation and implementation of the reconciliation or reintegration process, 

and such process upholds steps taken by the 

Government of Afghanistan to protect the human 

rights of Afghan women; and 

(II) such funds will not be used to support 

any pardon or immunity from prosecution, or any 

position in the Government of Afghanistan or security forces, for any leader of an armed group 

responsible for crimes against humanity, war 

crimes, or acts of terrorism; and 

Determination. 

Reports. 


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(iii) may be made available for a United States 

contribution to the North Atlantic Treaty Organization/ 

International Security Assistance Force Post-Operations Humanitarian Relief Fund. 

(C) The authority contained in section 1102(c) of Public 

Law 111–32 shall continue in effect during fiscal year 

2012 and shall apply as if part of this Act. 

(D)(i) Of the funds appropriated by this Act that are 

made available for assistance for Afghanistan, not less 

than $50,000,000 shall be made available for rule of law 

programs: Provided, That decisions on the uses of such 

funds shall be the responsibility of the Coordinator for 

Rule of Law, in consultation with the Interagency Planning 

and Implementation Team, at the United States Embassy 

in Kabul, Afghanistan: Provided further, That $250,000 

of such funds shall be transferred to, and merged with, 

funds appropriated under the heading ‘‘Office of Inspector 

General’’ in title I of this Act for oversight of such programs 

and activities. 

(ii) The Coordinator for Rule of Law at the United 

States Embassy in Kabul, Afghanistan shall be consulted 

on the use of all funds appropriated by this Act for rule 

of law programs in Afghanistan. 

(E) None of the funds made available by this Act 

may be used by the United States Government to enter 

into a permanent basing rights agreement between the 

United States and Afghanistan. 

(F) Any significant modification to the scope, objectives 

or implementation mechanisms of United States assistance 

programs in Afghanistan shall be subject to prior consultation with, and the regular notification procedures of, the 

Committees on Appropriations, except that the prior consultation requirement may be waived in a manner consistent with section 7015(e) of this Act. 

(G) Not later than 90 days after enactment of this 

Act, the Secretary of State shall report to the Committees 

on Appropriations on the International Monetary Fund 

(IMF) country program for Afghanistan including actions 

requested by the IMF and taken by the Government of 

Afghanistan to address the Kabul Bank crisis and restore 

confidence in Afghanistan’s banking sector. 

(H) Funds appropriated under titles III through VI 

of this Act that are made available for assistance for 

Afghanistan may be made available notwithstanding section 7012 of this Act or any similar provision of law and 

section 660 of the Foreign Assistance Act of 1961. 

(3) OVERSIGHT.—The Special Inspector General for Afghanistan Reconstruction, the Inspector General of the Department 

of State and the Inspector General of USAID, shall jointly 

develop and submit to the Committees on Appropriations within 

45 days of enactment of this Act a coordinated audit and 

inspection plan of United States assistance for, and civilian 

operations in, Afghanistan. 

(b) NEPAL.— 

(1) Funds appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’ may be made available for 

assistance for Nepal only if the Secretary of State certifies 

Certification. 

Deadline. 

Audit. 

Inspection plan. 

Deadline. 

Reports. 

Extension. 

Applicability. 


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to the Committees on Appropriations that the Nepal Army 

is— 

(A) cooperating fully with investigations and prosecutions of violations of human rights by civilian judicial 

authorities; and 

(B) working constructively to redefine the Nepal Army’s 

mission and adjust its size accordingly, implement reforms 

including strengthening the capacity of the civilian ministry 

of defense to improve budget transparency and accountability, and facilitate the integration of former rebel 

combatants into the security forces including the Nepal 

Army, consistent with the goals of reconciliation, peace 

and stability. 

(2) The conditions in paragraph (1) shall not apply to 

assistance for humanitarian relief and reconstruction activities 

in Nepal. 

(c) PAKISTAN.— 

(1) CERTIFICATION.— 

(A) None of the funds appropriated or otherwise made 

available by this Act under the headings ‘‘Economic Support 

Fund’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Foreign Military Financing Program’’, and ‘‘Pakistan Counterinsurgency Capability Fund’’ for assistance 

for the Government of Pakistan may be made available 

unless the Secretary of State certifies to the Committees 

on Appropriations that the Government of Pakistan is— 

(i) cooperating with the United States in counterterrorism efforts against the Haqqani Network, the 

Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-eMohammed, Al Qaeda and other domestic and foreign 

terrorist organizations, including taking steps to end 

support for such groups and prevent them from basing 

and operating in Pakistan and carrying out cross 

border attacks into neighboring countries; 

(ii) not supporting terrorist activities against 

United States or coalition forces in Afghanistan, and 

Pakistan’s military and intelligence agencies are not 

intervening extra-judicially into political and judicial 

processes in Pakistan; 

(iii) dismantling improvised explosive device (IED) 

networks and interdicting precursor chemicals used 

in the manufacture of IEDs; 

(iv) preventing the proliferation of nuclear-related 

material and expertise; 

(v) issuing visas in a timely manner for United 

States visitors engaged in counterterrorism efforts and 

assistance programs in Pakistan; and 

(vi) providing humanitarian organizations access 

to detainees, internally displaced persons, and other 

Pakistani civilians affected by the conflict. 

(B) The Secretary of State may waive the requirements 

of paragraph (A) if to do so is in the national security 

interests of the United States. 

(2) ASSISTANCE.— 

(A) Funds appropriated by this Act under the heading 

‘‘Foreign Military Financing Program’’ for assistance for 

Waiver authority. 


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Pakistan may be made available only to support counterterrorism and counterinsurgency capabilities in Pakistan, and 

are subject to section 620M of the Foreign Assistance Act 

of 1961, as amended by this Act. 

(B) Funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ for assistance for Pakistan 

should be made available to interdict precursor materials 

from Pakistan to Afghanistan that are used to manufacture 

improvised explosive devices, including calcium ammonium 

nitrate; to support programs to train border and customs 

officials in Pakistan and Afghanistan; and for agricultural 

extension programs that encourage alternative fertilizer 

use among Pakistani farmers. 

(C) Of the funds appropriated by this Act under the 

heading ‘‘Economic Support Fund’’ for assistance for Pakistan, $10,000,000 shall be made available through the 

Bureau of Democracy, Human Rights and Labor, Department of State, for human rights and democracy programs 

in Pakistan, including training of government officials and 

security forces, and assistance for human rights organizations and the development of democratic political parties. 

(D) Funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ for assistance for Pakistan may 

be made available for the Chief of Mission Fund, as authorized by section 101(c)(5) of Public Law 111–73. 

(E) Funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ that are made available for 

assistance for infrastructure projects in Pakistan shall be 

implemented in a manner consistent with section 507(6) 

of the Trade Act of 1974 (19 U.S.C. 2467(6)). 

(F) Funds appropriated by this Act under titles III 

and VI for assistance for Pakistan may be made available 

notwithstanding any other provision of law, except for this 

subsection and section 620M of the Foreign Assistance 

Act of 1961, as amended by this Act. 

(3) REPORTS.— 

(A)(i) The spend plan required by section 7078 of this 

Act for assistance for Pakistan shall include achievable 

and sustainable goals, benchmarks for measuring progress, 

and expected results regarding furthering development in 

Pakistan, countering extremism, and establishing conditions conducive to the rule of law and transparent and 

accountable governance: Provided, That such benchmarks 

may incorporate those required in title III of Public Law 

111–73, as appropriate: Provided further, That not later 

than 6 months after submission of such spend plan, and 

each 6 months thereafter until September 30, 2013, the 

Secretary of State shall submit a report to the Committees 

on Appropriations on the status of achieving the goals 

and benchmarks in the spend plan. 

(ii) The Secretary of State should suspend assistance 

for the Government of Pakistan if any report required 

by paragraph (A)(i) indicates that Pakistan is failing to 

make measurable progress in meeting these goals or benchmarks. 

(B) Not later than 90 days after enactment of this 

Act, the Secretary of State shall submit a report to the 


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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. 

Certification. 

Certification. 


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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.— 

Terrorism. 

Waiver authority. 

Public 

information. 

Web site. 

Determination. 

Reports. 

Notification. 

President. 

Determination. 


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(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 

Applicability. 

Reports. 

Deadline. 

Determination. 

Reports. 

Waiver authority. 


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125 STAT. 1242 PUBLIC LAW 112–74—DEC. 23, 2011 

law: Provided further, That the reprogramming of any withheld 

funds identified in such report, including updates thereof, shall 

be subject to prior consultation with, and the regular notification 

procedures of, the Committees on Appropriations. 

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 

Applicability. 

Determination. 

Reports. 

Definition. 

Deadline. 

Consultation. 

Notification. 


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be subject to prior consultation with, and the regular notification 

procedures of, the Committees on Appropriations. 

(c) AIRCRAFT COORDINATION.— 

(1) The uses of aircraft purchased or leased by the Department of State and the United States Agency for International 

Development (USAID) with funds made available in this Act 

or prior Acts making appropriations for the Department of 

State, foreign operations, and related programs shall be coordinated under the authority of the appropriate Chief of Mission: 

Provided, That such aircraft may be used to transport, on 

a reimbursable or non-reimbursable basis, Federal and nonFederal personnel supporting Department of State and USAID 

programs and activities: Provided further, That official travel 

for other agencies for other purposes may be supported on 

a reimbursable basis, or without reimbursement when traveling 

on a space available basis. 

(2) The requirement and authorities of this subsection shall 

only apply to aircraft, the primary purpose of which is the 

transportation of personnel. 

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 

Applicability. 

Applicability. 


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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 pursu- ant 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 

Notification. 

22 USC 3948 

note. 

22 USC 3948 

note. 

22 USC 3948 

note. 

Expiration date. 

22 USC 3948 

note. 

22 USC 3948 

note. 


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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 

Deadlines. 

Reports. 


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125 STAT. 1246 PUBLIC LAW 112–74—DEC. 23, 2011 

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 

President. 

Determination. 

Reports. 

Determination. 

Reports. 


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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; 

National Action 

Plan. 

Consultation. 

Notification. 


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(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 appro- priated in title III of this Act, not less than $45,000,000 shall 

be made available for the Development Grants Program established 


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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 

Web posting. 

Notification. 

Notification. 

Extension. 


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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 

Consultation. 

22 USC 7909 

note. 


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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. 

Reports. 

Deadline. 

Reports. 

Deadline. 

Applicability. 

Waiver authority. 

Time periods. 

Termination 

date. 

Certification. 

Afghanistan. 


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125 STAT. 1252 PUBLIC LAW 112–74—DEC. 23, 2011 

REQUESTS FOR DOCUMENTS

SEC. 7064. None of the funds appropriated or made available 

pursuant to titles III through VI of this Act shall be available 

to a nongovernmental organization, including any contractor, which 

fails to provide upon timely request any document, file, or record 

necessary to the auditing requirements of the United States Agency 

for International Development. 

OVERSEAS PRIVATE INVESTMENT CORPORATION

(INCLUDING TRANSFER OF FUNDS)

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 

Deadline. 

Reports. 

Public 

information. 

Web posting. 

Extension. 

22 USC 2194 

note. 

Notification. 

President. 

Determination. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1253 

inhumane treatment by any official or contract employee of the 

United States Government. 

(b) Funds appropriated by this Act to carry out the provisions 

of chapters 1, 10, 11, and 12 of part I and chapter 4 of part 

II of the Foreign Assistance Act of 1961, and the Support for 

East European Democracy (SEED) Act of 1989, shall be made 

available, notwithstanding section 660 of the Foreign Assistance 

Act of 1961, for assistance to eliminate torture by foreign police, 

military or other security forces in countries receiving assistance 

from funds appropriated by this Act that are identified in the 

Department of State’s most recent Country Reports on Human 

Rights Practices. 

EXTRADITION

SEC. 7068. (a) None of the funds appropriated in this Act 

may be used to provide assistance (other than funds provided under 

the headings ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Migration and Refugee Assistance’’, ‘‘Emergency Migration 

and Refugee Assistance’’, and ‘‘Nonproliferation, Anti-terrorism, 

Demining and Related Assistance’’) for the central government of 

a country which has notified the Department of State of its refusal 

to extradite to the United States any individual indicted for a 

criminal offense for which the maximum penalty is life imprisonment without the possibility of parole or for killing a law enforcement officer, as specified in a United States extradition request. 

(b) Subsection (a) shall only apply to the central government 

of a country with which the United States maintains diplomatic 

relations and with which the United States has an extradition 

treaty and the government of that country is in violation of the 

terms and conditions of the treaty. 

(c) The Secretary of State may waive the restriction in subsection (a) on a case-by-case basis if the Secretary certifies to 

the Committees on Appropriations that such waiver is important 

to the national interests of the United States. 

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 

President. 

Determinations. 

Notification. 

President. 

Determination. 

Waiver authority. 

Certification. 

Applicability. 


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125 STAT. 1254 PUBLIC LAW 112–74—DEC. 23, 2011 

action in violation of the territorial integrity or national sovereignty 

of any other Independent State of the former Soviet Union, such 

as those violations included in the Helsinki Final Act: Provided, 

That such funds may be made available without regard to the 

restriction in this subsection if the President determines that to 

do so is in the national security interest of the United States. 

(b)(1) Of the funds appropriated under the heading ‘‘Assistance 

for Europe, Eurasia and Central Asia’’ that are allocated for assistance for the Government of the Russian Federation, 60 percent 

shall be withheld from obligation until the President determines 

and certifies in writing to the Committees on Appropriations that 

the Government of the Russian Federation— 

(A) has terminated implementation of arrangements to provide Iran with technical expertise, training, technology, or 

equipment necessary to develop a nuclear reactor, related 

nuclear research facilities or programs, or ballistic missile capability; and 

(B) is providing full access to international non-government 

organizations providing humanitarian relief to refugees and 

internally displaced persons in Chechnya. 

(2) Paragraph (1) shall not apply to— 

(A) assistance to combat infectious diseases, child survival 

activities, or assistance for victims of trafficking in persons; 

and 

(B) activities authorized under title V (Nonproliferation 

and Disarmament Programs and Activities) of the FREEDOM 

Support Act. 

(c) Section 907 of the FREEDOM Support Act shall not apply 

to— 

(1) activities to support democracy or assistance under 

title V of the FREEDOM Support Act and section 1424 of 

Public Law 104–201 or non-proliferation assistance; 

(2) any assistance provided by the Trade and Development 

Agency under section 661 of the Foreign Assistance Act of 

1961 (22 U.S.C. 2421); 

(3) any activity carried out by a member of the United 

States and Foreign Commercial Service while acting within 

his or her official capacity; 

(4) any insurance, reinsurance, guarantee or other assistance provided by the Overseas Private Investment Corporation 

under title IV of chapter 2 of part I of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2191 et seq.); 

(5) any financing provided under the Export-Import Bank 

Act of 1945; or 

(6) humanitarian assistance. 

INTERNATIONAL MONETARY FUND

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. 

Applicability. 


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(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. 

Waiver authority. 

Determination. 

Time period. 

Certification. 


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125 STAT. 1256 PUBLIC LAW 112–74—DEC. 23, 2011 

ENTERPRISE FUNDS

SEC. 7075. (a) Prior to the distribution of any assets resulting 

from any liquidation, dissolution, or winding up of an Enterprise 

Fund, in whole or in part, the President shall submit to the Committees on Appropriations, in accordance with the regular notification 

procedures of the Committees on Appropriations, a plan for the 

distribution of the assets of the Enterprise Fund. 

(b) Funds made available under titles III through VI of this 

Act for Enterprise Funds shall be expended at the minimum rate 

necessary to make timely payment for projects and activities and 

no such funds may be available except through the regular notification procedures of the Committees on Appropriations. 

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 

Consultation. 

Determination. 

Reports. 

Visas. 

Foreign 

countries. 

President. 

Notifications. 

Distribution 

plan. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1257 

Appropriations and relevant congressional committees on the 

results of such pilot program. 

(b) For the purposes of this section, local entity means an 

individual, a corporation, a nonprofit organization, or another body 

of persons that— 

(1) is legally organized under the laws of; 

(2) has as its principal place of business or operations 

in; and 

(3) either is— 

(A) majority owned by individuals who are citizens 

or lawful permanent residents of; or 

(B) managed by a governing body the majority of whom 

are citizens or lawful permanent residents of; 

a country receiving assistance from funds appropriated under 

title III of this Act. 

(c) For purposes of this section, ‘‘majority owned’’ and ‘‘managed 

by’’ include, without limitation, beneficiary interests and the power, 

either directly or indirectly, whether exercised or exercisable, to 

control the election, appointment, or tenure of the organization’s 

managers or a majority of the organization’s governing body by 

any means. 

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. 

Deadline. 


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125 STAT. 1258 PUBLIC LAW 112–74—DEC. 23, 2011 

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: 

Concurrence. 

Consultation. 

Deadline. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1259 

‘‘SEC. 69. ACCEPTANCE OF AN AMENDMENT TO THE ARTICLES OF 

AGREEMENT OF THE BANK TO INCREASE BASIC VOTES. 

‘‘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.’’. 

22 USC 282o. 

22 USC 286vv. 

22 USC 286uu. 


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125 STAT. 1260 PUBLIC LAW 112–74—DEC. 23, 2011 

(c) INTER-AMERICAN DEVELOPMENT BANK.—The Inter-American 

Development Bank Act, Public Law 86–147, as amended (22 U.S.C. 

283 et seq.), is further amended by adding at the end thereof 

the following new section: 

‘‘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 DEVELOP- MENT.—The European Bank for Reconstruction and Development 

22 USC 290l–9. 

22 USC 290i–11. 

22 USC 283z–13. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1261 

Act, Section 562(c) of Public Law 101–513, as amended (22 U.S.C. 

290l et seq.), is further amended by adding at the end thereof 

the following new paragraph: 

‘‘(12) CAPITAL INCREASE.— 

‘‘(A) SUBSCRIPTION AUTHORIZED.— 

‘‘(i) The United States Governor of the Bank may 

subscribe on behalf of the United States up to 90,044 

additional callable shares of the capital stock of the 

Bank in accordance with Resolution No. 128 as adopted 

by the Board of Governors of the Bank on May 14, 

2010. 

‘‘(ii) Any subscription by the United States to additional capital stock of the Bank shall be effective only 

to such extent and in such amounts as are provided 

in advance in appropriations Acts. 

‘‘(B) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—In order to pay for the increase in the United 

States subscription to the Bank under subsection (A), there 

are authorized to be appropriated, without fiscal year 

limitation, up to $1,252,331,952 for payment by the Secretary of the Treasury.’’. 

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 

Reports. 


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125 STAT. 1262 PUBLIC LAW 112–74—DEC. 23, 2011 

transparency, including budget publication and public scrutiny, 

prior to loan approval; 

(6) making publicly available external and internal 

performance and financial audits of such institution’s projects 

on the institution’s Web site; 

(7) adopting policies concerning the World Bank’s proposed 

Program for Results (P4R) to: limit P4R to no more than 

5 percent of annual World Bank lending as a pilot for a period 

of not less than two years; require that projects with potentially 

significant adverse social or environmental impacts and projects 

that affect indigenous peoples are either excluded from P4R 

or subject to the World Bank’s own policies; require that at 

the close of the pilot there will be a thorough, independent 

evaluation, with input from civil society and the private sector, 

to provide guidance concerning next steps for the pilot; and 

fully staff the World Bank Group’s Integrity Vice Presidency, 

with agreement from Borrowers on the World Bank’s jurisdiction and authority to investigate allegations of fraud and 

corruption in any of the World Bank’s lending programs 

including P4R; and 

(8) concerning the World Bank, strengthening the public 

availability of information regarding International Finance Corporation (IFC) subprojects when the IFC is funding a financial 

intermediary, including— 

(A) requiring that higher-risk subprojects comply with 

the relevant Performance Standard requirements; and 

(B) agreeing to periodically disclose on the IFC Web 

site a listing of the name, location, and sector of highrisk subprojects supported by IFC investments through 

private equity funds. 

(b) REPORT.—Not later than 180 days after enactment of this 

Act and every 6 months thereafter until September 30, 2013, the 

Secretary of the Treasury shall submit to the Committees on Appropriations a report detailing the extent to which each institution 

has continued to make progress on each policy goal listed in subsection (a). 

AUTHORITY FOR REPLENISHMENTS

SEC. 7083. (a) INTERNATIONAL DEVELOPMENT ASSOCIATION.— 

The International Development Association Act, Public Law 86– 

565, as amended (22 U.S.C. 284 et seq.), is further amended by 

adding at the end thereof the following new sections: 

‘‘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 

22 USC 284y. 

22 USC 284x. 

Public 

information. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1263 

the International Development Association for the purpose of 

funding debt relief cost under the Multilateral Debt Relief Initiative 

incurred in the period governed by the sixteenth replenishment 

of resources of the International Development Association, subject 

to obtaining the necessary appropriations and without prejudice 

to any funding arrangements in existence on the date of the enactment of this section. 

‘‘(b) In order to pay for the United States contribution provided 

for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, not more than $474,000,000 for payment 

by the Secretary of the Treasury. 

‘‘(c) In this section, the term ‘Multilateral Debt Relief Initiative’ 

means the proposal set out in the G8 Finance Ministers’ 

Communique ́ entitled ‘Conclusions on Development’, done at 

London, June 11, 2005, and reaffirmed by G8 Heads of State at 

the Gleneagles Summit on July 8, 2005.’’. 

(b) AFRICAN DEVELOPMENT BANK.—The African Development 

Fund Act, Public Law 94–302, as amended (22 U.S.C. 290g et 

seq.), is further amended by adding at the end thereof the following 

new sections: 

‘‘SEC. 221. TWELFTH REPLENISHMENT. 

‘‘(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 

22 USC 290g–21. 

22 USC 290g–20. 


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125 STAT. 1264 PUBLIC LAW 112–74—DEC. 23, 2011 

relief provided to Haiti in view of the Cancun Declaration of March 

21, 2010. 

UNITED NATIONS POPULATION FUND

SEC. 7085. (a) CONTRIBUTION.—Of the funds made available 

under the heading ‘‘International Organizations and Programs’’ in 

this Act for fiscal year 2012, $35,000,000 shall be made available 

for the United Nations Population Fund (UNFPA). 

(b) AVAILABILITY OF FUNDS.—Funds appropriated by this Act 

for UNFPA, that are not made available for UNFPA because of 

the operation of any provision of law, shall be transferred to the 

‘‘Global Health Programs’’ account and shall be made available 

for family planning, maternal, and reproductive health activities, 

subject to the regular notification procedures of the Committees 

on Appropriations. 

(c) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the 

funds made available by this Act may be used by UNFPA for 

a country program in the People’s Republic of China. 

(d) CONDITIONS ON AVAILABILITY OF FUNDS.—Funds made available by this Act for UNFPA may not be made available unless— 

(1) UNFPA maintains funds made available by this Act 

in an account separate from other accounts of UNFPA and 

does not commingle such funds with other sums; and 

(2) UNFPA does not fund abortions. 

(e) REPORT TO CONGRESS AND DOLLAR-FOR-DOLLAR WITHHOLDING OF FUNDS.— 

(1) Not later than 4 months after the date of enactment 

of this Act, the Secretary of State shall submit a report to 

the Committees on Appropriations indicating the amount of 

funds that the UNFPA is budgeting for the year in which 

the report is submitted for a country program in the People’s 

Republic of China. 

(2) If a report under paragraph (1) indicates that the 

UNFPA plans to spend funds for a country program in the 

People’s Republic of China in the year covered by the report, 

then the amount of such funds the UNFPA plans to spend 

in the People’s Republic of China shall be deducted from the 

funds made available to the UNFPA after March 1 for obligation 

for the remainder of the fiscal year in which the report is 

submitted. 

LIMITATIONS

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. 

Certification. 

Waiver authority. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1265 

(b)(1) The President may waive the provisions of section 1003 

of Public Law 100–204 if the President determines and certifies 

in writing to the Speaker of the House of Representatives, the 

President pro tempore of the Senate, and the Committees on Appropriations that the Palestinians have not, after the date of enactment 

of this Act, obtained in the United Nations or any specialized 

agency thereof the same standing as member states or full membership as a state outside an agreement negotiated between Israel 

and the Palestinians. 

(2) Not less than 90 days after the President is unable to 

make the certification pursuant to subsection (b)(1), the President 

may waive section 1003 of Public Law 100–204 if the President 

determines and certifies in writing to the Speaker of the House 

of Representatives, the President pro tempore of the Senate, and 

the Committees on Appropriations that the Palestinians have 

entered into direct and meaningful negotiations with Israel: Provided, That any waiver of the provisions of section 1003 of Public 

Law 100–204 under paragraph (1) of this subsection or under previous provisions of law must expire before the waiver under the 

preceding sentence may be exercised. 

(3) Any waiver pursuant to this subsection shall be effective 

for no more than a period of 6 months at a time and shall not 

apply beyond 12 months after the enactment of this Act. 

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 

Determination. 

Notification. 

Effective date. 

Time periods. 

President. 

Determination. 

Certification. 


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125 STAT. 1266 PUBLIC LAW 112–74—DEC. 23, 2011 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

CONFLICT STABILIZATION OPERATIONS

For an additional amount for ‘‘Conflict Stabilization Operations’’, $8,500,000, to remain available until expended: Provided, 

That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Office of Inspector General’’, 

$67,182,000, to remain available until September 30, 2013, of which 

$19,545,000 shall be for the Special Inspector General for Iraq 

Reconstruction for reconstruction oversight, and $44,387,000 shall 

be for the Special Inspector General for Afghanistan Reconstruction 

for reconstruction oversight: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For an additional amount for ‘‘Educational and Cultural 

Exchange Programs’’, as authorized, $15,600,000, to remain available until expended: Provided, That such amount is designated 

by the Congress for Overseas Contingency Operations/Global War 

on Terrorism pursuant to section 251(b)(2)(A) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For an additional amount for ‘‘Embassy Security, Construction, 

and Maintenance’’, $33,000,000, to remain available until expended: 

Provided, That such amount is designated by the Congress for 

Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For an additional amount for ‘‘Contributions to International 

Organizations’’, $101,300,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1267 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For an additional amount for ‘‘International Broadcasting Operations’’, $4,400,000: Provided, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

RELATED PROGRAMS

UNITED STATES INSTITUTE OF PEACE

For an additional amount for ‘‘United States Institute of Peace’’, 

$8,411,000, to remain available until September 30, 2013: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

UNITED STATES AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

FUNDS APPROPRIATED TO THE PRESIDENT

OPERATING EXPENSES

For an additional amount for ‘‘Operating Expenses’’, 

$255,000,000, to remain available until September 30, 2013: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Office of Inspector General’’, 

$4,500,000, to remain available until September 30, 2013: Provided, 

That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL DISASTER ASSISTANCE

For an additional amount for ‘‘International Disaster Assistance’’, $150,000,000, to remain available until September 30, 2013: 

Provided, That such amount is designated by the Congress for 

Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 


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125 STAT. 1268 PUBLIC LAW 112–74—DEC. 23, 2011 

TRANSITION INITIATIVES

For an additional amount for ‘‘Transition Initiatives’’, 

$6,554,000, to remain available until September 30, 2013: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

COMPLEX CRISES FUND

For an additional amount for ‘‘Complex Crises Fund’’, $30,000,000, to remain available until September 30, 2013: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

ECONOMIC SUPPORT FUND

For an additional amount for ‘‘Economic Support Fund’’, 

$2,761,462,000, to remain available until September 30, 2013: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

DEPARTMENT OF STATE

MIGRATION AND REFUGEE ASSISTANCE

For an additional amount for ‘‘Migration and Refugee Assistance’’, $229,000,000, to remain available until September 30, 2013: 

Provided, That such amount is designated by the Congress for 

Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

For an additional amount for ‘‘International Affairs Technical 

Assistance’’, $1,552,000, to remain available until September 30, 

2013, which shall be available notwithstanding any other provision 

of law: Provided, That such amount is designated by the Congress 

for Overseas Contingency Operations/Global War on Terrorism 

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

INTERNATIONAL SECURITY ASSISTANCE 

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For an additional amount for ‘‘International Narcotics Control 

and Law Enforcement’’, $983,605,000, to remain available until 

September 30, 2013: Provided, That such amount is designated 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1269 

by the Congress for Overseas Contingency Operations/Global War 

on Terrorism pursuant to section 251(b)(2)(A) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For an additional amount for ‘‘Nonproliferation, Anti-terrorism, 

Demining and Related Programs’’, $120,657,000, to remain available 

until September 30, 2013: Provided, That such amount is designated 

by the Congress for Overseas Contingency Operations/Global War 

on Terrorism pursuant to section 251(b)(2)(A) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

PEACEKEEPING OPERATIONS

For an additional amount for ‘‘Peacekeeping Operations’’, 

$81,000,000, to remain available until September 30, 2013: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

For an additional amount for ‘‘Foreign Military Financing Program’’, $1,102,000,000, to remain available until September 30, 

2013: Provided, That such amount is designated by the Congress 

for Overseas Contingency Operations/Global War on Terrorism 

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

PAKISTAN COUNTERINSURGENCY CAPABILITY FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of chapter 

8 of part I and chapters 2, 5, 6, and 8 of part II of the Foreign 

Assistance Act of 1961 and section 23 of the Arms Export Control 

Act, $850,000,000, to remain available until September 30, 2013, 

for the purpose of providing assistance for Pakistan to build and 

maintain the counterinsurgency capability of Pakistani security 

forces (including the Frontier Corps), to include program management, training in civil-military humanitarian assistance, human 

rights training, and the provision of equipment, supplies, services, 

training, and facility and infrastructure repair, renovation, and 

construction: Provided, That notwithstanding any other provision 

of law except section 620M of the Foreign Assistance Act of 1961, 

as amended by this Act, such funds shall be available to the 

Secretary of State, with the concurrence of the Secretary of Defense: 

Provided further, That such funds may be transferred by the Secretary of State to the Department of Defense or other Federal 

departments or agencies to support counterinsurgency operations 

and may be merged with, and be available, for the same purposes 

and for the same time period as the appropriation or fund to 

which transferred or may be transferred pursuant to the authorities 


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125 STAT. 1270 PUBLIC LAW 112–74—DEC. 23, 2011 

contained in the Foreign Assistance Act of 1961: Provided further, 

That the Secretary of State shall, not fewer than 15 days prior 

to making transfers from this appropriation, notify the Committees 

on Appropriations, in writing, of the details of any such transfer: 

Provided further, That the Secretary of State shall submit not 

later than 30 days after the end of each fiscal quarter to the 

Committees on Appropriations a report in writing summarizing, 

on a project-by-project basis, the uses of funds under this heading: 

Provided further, That upon determination by the Secretary of 

State, with the concurrence of the Secretary of Defense, that all 

or part of the funds so transferred from this appropriation are 

not necessary for the purposes herein, such amounts may be transferred by the head of the relevant Federal department or agency 

back to this appropriation and shall be available for the same 

purposes and for the same time period as originally appropriated: 

Provided further, That any required notification or report may 

be submitted in classified form: Provided further, That the amount 

in this paragraph is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

GENERAL PROVISIONS 

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 

Transfer 

authority. 

Consultation. 

Transfer 

authority. 

Notification. 

Determination. 

Deadlines. 

Reports. 

Deadline. 

Notification. 


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PUBLIC LAW 112–74—DEC. 23, 2011 125 STAT. 1271 

LEGISLATIVE HISTORY—H.R. 2055: 

HOUSE REPORTS: No. 112–94 (Comm. on Appropriations) and 112–331 (Comm. of 

Conference). 

SENATE REPORTS: No. 112–29 (Comm. on Appropriations). 

CONGRESSIONAL RECORD, Vol. 157 (2011): 

June 2, 13, 14, considered and passed House. 

July 14, 18–20, considered and passed Senate, amended. 

Dec. 16, House agreed to conference report. 

Dec. 17, Senate agreed to conference report. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2011): 

Dec. 23, Presidential statement. 

Æ 

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’’. 

Approved December 23, 2011. 

Applicability. 

Deadline. 

Notification. 


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