I 

112TH CONGRESS 

1ST SESSION H. R. 3671 

Making consolidated appropriations for the fiscal year ending September 

30, 2012, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 14, 2011 

Mr. ROGERS of Kentucky introduced the following bill; which was referred to 

the Committee on Appropriations, and in addition to the Committee on 

the Budget, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

Making consolidated appropriations for the fiscal year ending 

September 30, 2012, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Consolidated Appro5 priations Act, 2012’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Explanatory statement. 

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•HR 3671 IH

Sec. 5. Statement of appropriations. 

Sec. 6. Availability of funds. 

DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 

2012 

Title I—Military Personnel, Army 

Title II—Operation and Maintenance 

Title III—Procurement 

Title IV—Research, Development, Test and Evaluation 

Title V—Revolving and Management Funds 

Title VI—Other Department of Defense Programs 

Title VII—Related agencies 

Title VIII—General provisions 

Title IX—Overseas contingency operations 

DIVISION B—ENERGY AND WATER DEVELOPMENT 

APPROPRIATIONS ACT, 2012 

Title I—Corps of Engineers—Civil 

Title II—Department of the Interior 

Title III—Department of Energy 

Title IV—Independent agencies 

Title V—General provisions 

DIVISION C—FINANCIAL SERVICES AND GENERAL GOVERNMENT 

APPROPRIATIONS ACT, 2012 

Title I—Department of the Treasury 

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

President 

Title III—The Judiciary 

Title IV—District of Columbia 

Title V—Independent agencies 

Title VI—General provisions—This Act 

Title VII—General provisions—Government-wide 

Title VIII—General provisions—District of Columbia 

DIVISION D—DEPARTMENT OF HOMELAND SECURITY 

APPROPRIATIONS ACT, 2012 

Title I—Departmental management and operations 

Title II—Security, enforcement, and investigations 

Title III—Protection, preparedness, response, and recovery 

Title IV—Research and development, training, and services 

Title V—General provisions 

DIVISION E—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, 

AND RELATED AGENCIES APPROPRIATIONS ACT, 2012 

Title I—Department of the Interior 

Title II—Environmental Protection Agency 

Title III—Related agencies 

mstockstill on DSK4VPTVN1PROD with BILLS

3 

•HR 3671 IH

Title IV—General provisions 

DIVISION F—DEPARTMENTS OF LABOR, HEALTH AND HUMAN 

SERVICES, 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 

1 SEC. 3. REFERENCES. 

2 Except as expressly provided otherwise, any reference 

3 to ‘‘this Act’’ contained in any division of this Act shall 

4 be treated as referring only to the provisions of that divi5 sion. 

6 SEC. 4. EXPLANATORY STATEMENT. 

7 The explanatory statement regarding this Act printed 

8 in the House of Representatives section of the Congres9 sional Record on or about December 16, 2011 by the 

mstockstill on DSK4VPTVN1PROD with BILLS

4 

•HR 3671 IH

1 Chairman of the Committee of Appropriations of the 

2 House shall have the same effect with respect to the allo3 cation of funds and implementation of this Act as if it 

4 were a joint explanatory statement of a committee of con5 ference. 

6 SEC. 5. STATEMENT OF APPROPRIATIONS. 

7 The following sums in this Act are appropriated, out 

8 of any money in the Treasury not otherwise appropriated, 

9 for the fiscal year ending September 30, 2012. 

10 SEC. 6. AVAILABILITY OF FUNDS. 

11 Each amount designated in this Act by the Congress 

12 for Overseas Contingency Operations/Global War on Ter13 rorism pursuant to section 251(b)(2)(A) of the Balanced 

14 Budget and Emergency Deficit Control Act of 1985 shall 

15 be available (or rescinded, if applicable) only if the Presi16 dent subsequently so designates all such amounts and 

17 transmits such designations to the Congress. 

mstockstill on DSK4VPTVN1PROD with BILLS

5 

•HR 3671 IH

1 DIVISION A—DEPARTMENT OF DEFENSE 

2 APPROPRIATIONS ACT, 2012 

3 TITLE I—MILITARY PERSONNEL, ARMY 

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel 

8 between permanent duty stations, for members of the 

9 Army on active duty, (except members of reserve compo10 nents provided for elsewhere), cadets, and aviation cadets; 

11 for members of the Reserve Officers’ Training Corps; and 

12 for payments pursuant to section 156 of Public Law 97– 

13 377, as amended (42 U.S.C. 402 note), and to the Depart14 ment of Defense Military Retirement Fund, 

15 $43,298,409,000. 

16 MILITARY PERSONNEL, NAVY

17 For pay, allowances, individual clothing, subsistence, 

18 interest on deposits, gratuities, permanent change of sta19 tion travel (including all expenses thereof for organiza20 tional movements), and expenses of temporary duty travel 

21 between permanent duty stations, for members of the 

22 Navy on active duty (except members of the Reserve pro23 vided for elsewhere), midshipmen, and aviation cadets; for 

24 members of the Reserve Officers’ Training Corps; and for 

25 payments pursuant to section 156 of Public Law 97–377, 

mstockstill on DSK4VPTVN1PROD with BILLS

6 

•HR 3671 IH

1 as amended (42 U.S.C. 402 note), and to the Department 

2 of Defense Military Retirement Fund, $26,803,334,000. 

3 MILITARY PERSONNEL, MARINE CORPS

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel 

8 between permanent duty stations, for members of the Ma9 rine Corps on active duty (except members of the Reserve 

10 provided for elsewhere); and for payments pursuant to sec11 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

12 402 note), and to the Department of Defense Military Re13 tirement Fund, $13,635,136,000. 

14 MILITARY PERSONNEL, AIR FORCE

15 For pay, allowances, individual clothing, subsistence, 

16 interest on deposits, gratuities, permanent change of sta17 tion travel (including all expenses thereof for organiza18 tional movements), and expenses of temporary duty travel 

19 between permanent duty stations, for members of the Air 

20 Force on active duty (except members of reserve compo21 nents provided for elsewhere), cadets, and aviation cadets; 

22 for members of the Reserve Officers’ Training Corps; and 

23 for payments pursuant to section 156 of Public Law 97– 

24 377, as amended (42 U.S.C. 402 note), and to the Departmstockstill on DSK4VPTVN1PROD with BILLS

7 

•HR 3671 IH

1 ment of Defense Military Retirement Fund, 

2 $28,096,708,000. 

3 RESERVE PERSONNEL, ARMY

4 For pay, allowances, clothing, subsistence, gratuities, 

5 travel, and related expenses for personnel of the Army Re6 serve on active duty under sections 10211, 10302, and 

7 3038 of title 10, United States Code, or while serving on 

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

9 States Code, in connection with performing duty specified 

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

11 while undergoing reserve training, or while performing 

12 drills or equivalent duty or other duty, and expenses au13 thorized by section 16131 of title 10, United States Code; 

14 and for payments to the Department of Defense Military 

15 Retirement Fund, $4,289,407,000. 

16 RESERVE PERSONNEL, NAVY

17 For pay, allowances, clothing, subsistence, gratuities, 

18 travel, and related expenses for personnel of the Navy Re19 serve on active duty under section 10211 of title 10, 

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

21 section 12301(d) of title 10, United States Code, in con22 nection with performing duty specified in section 12310(a) 

23 of title 10, United States Code, or while undergoing re24 serve training, or while performing drills or equivalent 

25 duty, and expenses authorized by section 16131 of title 

mstockstill on DSK4VPTVN1PROD with BILLS

8 

•HR 3671 IH

1 10, United States Code; and for payments to the Depart2 ment of Defense Military Retirement Fund, 

3 $1,935,544,000. 

4 RESERVE PERSONNEL, MARINE CORPS

5 For pay, allowances, clothing, subsistence, gratuities, 

6 travel, and related expenses for personnel of the Marine 

7 Corps Reserve on active duty under section 10211 of title 

8 10, United States Code, or while serving on active duty 

9 under section 12301(d) of title 10, United States Code, 

10 in connection with performing duty specified in section 

11 12310(a) of title 10, United States Code, or while under12 going reserve training, or while performing drills or equiv13 alent duty, and for members of the Marine Corps platoon 

14 leaders class, and expenses authorized by section 16131 

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

16 Department of Defense Military Retirement Fund, 

17 $644,722,000. 

18 RESERVE PERSONNEL, AIR FORCE

19 For pay, allowances, clothing, subsistence, gratuities, 

20 travel, and related expenses for personnel of the Air Force 

21 Reserve on active duty under sections 10211, 10305, and 

22 8038 of title 10, United States Code, or while serving on 

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

24 States Code, in connection with performing duty specified 

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

mstockstill on DSK4VPTVN1PROD with BILLS

9 

•HR 3671 IH

1 while undergoing reserve training, or while performing 

2 drills or equivalent duty or other duty, and expenses au3 thorized by section 16131 of title 10, United States Code; 

4 and for payments to the Department of Defense Military 

5 Retirement Fund, $1,712,705,000. 

6 NATIONAL GUARD PERSONNEL, ARMY

7 For pay, allowances, clothing, subsistence, gratuities, 

8 travel, and related expenses for personnel of the Army Na9 tional Guard while on duty under section 10211, 10302, 

10 or 12402 of title 10 or section 708 of title 32, United 

11 States Code, or while serving on duty under section 

12 12301(d) of title 10 or section 502(f) of title 32, United 

13 States Code, in connection with performing duty specified 

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

15 while undergoing training, or while performing drills or 

16 equivalent duty or other duty, and expenses authorized by 

17 section 16131 of title 10, United States Code; and for pay18 ments to the Department of Defense Military Retirement 

19 Fund, $7,585,645,000. 

20 NATIONAL GUARD PERSONNEL, AIR FORCE

21 For pay, allowances, clothing, subsistence, gratuities, 

22 travel, and related expenses for personnel of the Air Na23 tional Guard on duty under section 10211, 10305, or 

24 12402 of title 10 or section 708 of title 32, United States 

25 Code, or while serving on duty under section 12301(d) of 

mstockstill on DSK4VPTVN1PROD with BILLS

10 

•HR 3671 IH

1 title 10 or section 502(f) of title 32, United States Code, 

2 in connection with performing duty specified in section 

3 12310(a) of title 10, United States Code, or while under4 going training, or while performing drills or equivalent 

5 duty or other duty, and expenses authorized by section 

6 16131 of title 10, United States Code; and for payments 

7 to the Department of Defense Military Retirement Fund, 

8 $3,088,929,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

11 

•HR 3671 IH

1 TITLE II 

2 OPERATION AND MAINTENANCE 

3 OPERATION AND MAINTENANCE, ARMY

4 For expenses, not otherwise provided for, necessary 

5 for the operation and maintenance of the Army, as author6 ized by law; and not to exceed $12,478,000 can be used 

7 for emergencies and extraordinary expenses, to be ex8 pended on the approval or authority of the Secretary of 

9 the Army, and payments may be made on his certificate 

10 of necessity for confidential military purposes, 

11 $31,072,902,000. 

12 OPERATION AND MAINTENANCE, NAVY

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance of the Navy and the 

15 Marine Corps, as authorized by law; and not to exceed 

16 $14,804,000 can be used for emergencies and extraor17 dinary expenses, to be expended on the approval or author18 ity of the Secretary of the Navy, and payments may be 

19 made on his certificate of necessity for confidential mili20 tary purposes, $38,120,821,000. 

21 OPERATION AND MAINTENANCE, MARINE CORPS

22 For expenses, not otherwise provided for, necessary 

23 for the operation and maintenance of the Marine Corps, 

24 as authorized by law, $5,542,937,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

12 

•HR 3671 IH

1 OPERATION AND MAINTENANCE, AIR FORCE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance of the Air Force, as 

4 authorized by law; and not to exceed $7,699,000 can be 

5 used for emergencies and extraordinary expenses, to be ex6 pended on the approval or authority of the Secretary of 

7 the Air Force, and payments may be made on his certifi8 cate of necessity for confidential military purposes, 

9 $34,985,486,000. 

10 OPERATION AND MAINTENANCE, DEFENSE-WIDE

11 (INCLUDING TRANSFER OF FUNDS)

12 For expenses, not otherwise provided for, necessary 

13 for the operation and maintenance of activities and agen14 cies of the Department of Defense (other than the military 

15 departments), as authorized by law, $30,152,008,000: 

16 Provided, That not more than $47,026,000 may be used 

17 for the Combatant Commander Initiative Fund authorized 

18 under section 166a of title 10, United States Code: Pro19 vided further, That not to exceed $36,000,000 can be used 

20 for emergencies and extraordinary expenses, to be ex21 pended on the approval or authority of the Secretary of 

22 Defense, and payments may be made on his certificate of 

23 necessity for confidential military purposes: Provided fur24 ther, That of the funds provided under this heading, not 

25 less than $34,311,000 shall be made available for the Promstockstill on DSK4VPTVN1PROD with BILLS

13 

•HR 3671 IH

1 curement Technical Assistance Cooperative Agreement 

2 Program, of which not less than $3,600,000 shall be avail3 able for centers defined in 10 U.S.C. 2411(1)(D): Pro4 vided further, That none of the funds appropriated or oth5 erwise made available by this Act may be used to plan 

6 or implement the consolidation of a budget or appropria7 tions liaison office of the Office of the Secretary of De8 fense, the office of the Secretary of a military department, 

9 or the service headquarters of one of the Armed Forces 

10 into a legislative affairs or legislative liaison office: Pro11 vided further, That $8,420,000, to remain available until 

12 expended, is available only for expenses relating to certain 

13 classified activities, and may be transferred as necessary 

14 by the Secretary of Defense to operation and maintenance 

15 appropriations or research, development, test and evalua16 tion appropriations, to be merged with and to be available 

17 for the same time period as the appropriations to which 

18 transferred: Provided further, That any ceiling on the in19 vestment item unit cost of items that may be purchased 

20 with operation and maintenance funds shall not apply to 

21 the funds described in the preceding proviso: Provided fur22 ther, That the transfer authority provided under this head23 ing is in addition to any other transfer authority provided 

24 elsewhere in this Act. 

mstockstill on DSK4VPTVN1PROD with BILLS

14 

•HR 3671 IH

1 OPERATION AND MAINTENANCE, ARMY RESERVE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Army Reserve; re5 pair of facilities and equipment; hire of passenger motor 

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $3,071,733,000. 

9 OPERATION AND MAINTENANCE, NAVY RESERVE

10 For expenses, not otherwise provided for, necessary 

11 for the operation and maintenance, including training, or12 ganization, and administration, of the Navy Reserve; re13 pair of facilities and equipment; hire of passenger motor 

14 vehicles; travel and transportation; care of the dead; re15 cruiting; procurement of services, supplies, and equip16 ment; and communications, $1,305,134,000. 

17 OPERATION AND MAINTENANCE, MARINE CORPS

18 RESERVE

19 For expenses, not otherwise provided for, necessary 

20 for the operation and maintenance, including training, or21 ganization, and administration, of the Marine Corps Re22 serve; repair of facilities and equipment; hire of passenger 

23 motor vehicles; travel and transportation; care of the dead; 

24 recruiting; procurement of services, supplies, and equip25 ment; and communications, $271,443,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

15 

•HR 3671 IH

1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Air Force Reserve; 

5 repair of facilities and equipment; hire of passenger motor 

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $3,274,359,000. 

9 OPERATION AND MAINTENANCE, ARMY NATIONAL

10 GUARD

11 For expenses of training, organizing, and admin12 istering the Army National Guard, including medical and 

13 hospital treatment and related expenses in non-Federal 

14 hospitals; maintenance, operation, and repairs to struc15 tures and facilities; hire of passenger motor vehicles; per16 sonnel services in the National Guard Bureau; travel ex17 penses (other than mileage), as authorized by law for 

18 Army personnel on active duty, for Army National Guard 

19 division, regimental, and battalion commanders while in20 specting units in compliance with National Guard Bureau 

21 regulations when specifically authorized by the Chief, Na22 tional Guard Bureau; supplying and equipping the Army 

23 National Guard as authorized by law; and expenses of re24 pair, modification, maintenance, and issue of supplies and 

25 equipment (including aircraft), $6,924,932,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

16 

•HR 3671 IH

1 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

2 For expenses of training, organizing, and admin3 istering the Air National Guard, including medical and 

4 hospital treatment and related expenses in non-Federal 

5 hospitals; maintenance, operation, and repairs to struc6 tures and facilities; transportation of things, hire of pas7 senger motor vehicles; supplying and equipping the Air 

8 National Guard, as authorized by law; expenses for repair, 

9 modification, maintenance, and issue of supplies and 

10 equipment, including those furnished from stocks under 

11 the control of agencies of the Department of Defense; 

12 travel expenses (other than mileage) on the same basis as 

13 authorized by law for Air National Guard personnel on 

14 active Federal duty, for Air National Guard commanders 

15 while inspecting units in compliance with National Guard 

16 Bureau regulations when specifically authorized by the 

17 Chief, National Guard Bureau, $6,098,780,000. 

18 UNITED STATES COURT OF APPEALS FOR THE ARMED

19 FORCES

20 For salaries and expenses necessary for the United 

21 States Court of Appeals for the Armed Forces, 

22 $13,861,000, of which not to exceed $5,000 may be used 

23 for official representation purposes. 

mstockstill on DSK4VPTVN1PROD with BILLS

17 

•HR 3671 IH

1 ENVIRONMENTAL RESTORATION, ARMY

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Army, $346,031,000, to 

4 remain available until transferred: Provided, That the Sec5 retary of the Army shall, upon determining that such 

6 funds are required for environmental restoration, reduc7 tion and recycling of hazardous waste, removal of unsafe 

8 buildings and debris of the Department of the Army, or 

9 for similar purposes, transfer the funds made available by 

10 this appropriation to other appropriations made available 

11 to the Department of the Army, to be merged with and 

12 to be available for the same purposes and for the same 

13 time period as the appropriations to which transferred: 

14 Provided further, That upon a determination that all or 

15 part of the funds transferred from this appropriation are 

16 not necessary for the purposes provided herein, such 

17 amounts may be transferred back to this appropriation: 

18 Provided further, That the transfer authority provided 

19 under this heading is in addition to any other transfer au20 thority provided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, NAVY

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Department of the Navy, $308,668,000, to 

24 remain available until transferred: Provided, That the Sec25 retary of the Navy shall, upon determining that such 

mstockstill on DSK4VPTVN1PROD with BILLS

18 

•HR 3671 IH

1 funds are required for environmental restoration, reduc2 tion and recycling of hazardous waste, removal of unsafe 

3 buildings and debris of the Department of the Navy, or 

4 for similar purposes, transfer the funds made available by 

5 this appropriation to other appropriations made available 

6 to the Department of the Navy, to be merged with and 

7 to be available for the same purposes and for the same 

8 time period as the appropriations to which transferred: 

9 Provided further, That upon a determination that all or 

10 part of the funds transferred from this appropriation are 

11 not necessary for the purposes provided herein, such 

12 amounts may be transferred back to this appropriation: 

13 Provided further, That the transfer authority provided 

14 under this heading is in addition to any other transfer au15 thority provided elsewhere in this Act. 

16 ENVIRONMENTAL RESTORATION, AIR FORCE

17 (INCLUDING TRANSFER OF FUNDS)

18 For the Department of the Air Force, $525,453,000, 

19 to remain available until transferred: Provided, That the 

20 Secretary of the Air Force shall, upon determining that 

21 such funds are required for environmental restoration, re22 duction and recycling of hazardous waste, removal of un23 safe buildings and debris of the Department of the Air 

24 Force, or for similar purposes, transfer the funds made 

25 available by this appropriation to other appropriations 

mstockstill on DSK4VPTVN1PROD with BILLS

19 

•HR 3671 IH

1 made available to the Department of the Air Force, to be 

2 merged with and to be available for the same purposes 

3 and for the same time period as the appropriations to 

4 which transferred: Provided further, That upon a deter5 mination that all or part of the funds transferred from 

6 this appropriation are not necessary for the purposes pro7 vided herein, such amounts may be transferred back to 

8 this appropriation: Provided further, That the transfer au9 thority provided under this heading is in addition to any 

10 other transfer authority provided elsewhere in this Act. 

11 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

12 (INCLUDING TRANSFER OF FUNDS)

13 For the Department of Defense, $10,716,000, to re14 main available until transferred: Provided, That the Sec15 retary of Defense shall, upon determining that such funds 

16 are required for environmental restoration, reduction and 

17 recycling of hazardous waste, removal of unsafe buildings 

18 and debris of the Department of Defense, or for similar 

19 purposes, transfer the funds made available by this appro20 priation to other appropriations made available to the De21 partment of Defense, to be merged with and to be avail22 able for the same purposes and for the same time period 

23 as the appropriations to which transferred: Provided fur24 ther, That upon a determination that all or part of the 

25 funds transferred from this appropriation are not necmstockstill on DSK4VPTVN1PROD with BILLS

20 

•HR 3671 IH

1 essary for the purposes provided herein, such amounts 

2 may be transferred back to this appropriation: Provided 

3 further, That the transfer authority provided under this 

4 heading is in addition to any other transfer authority pro5 vided elsewhere in this Act. 

6 ENVIRONMENTAL RESTORATION, FORMERLY USED

7 DEFENSE SITES

8 (INCLUDING TRANSFER OF FUNDS)

9 For the Department of the Army, $326,495,000, to 

10 remain available until transferred: Provided, That the Sec11 retary of the Army shall, upon determining that such 

12 funds are required for environmental restoration, reduc13 tion and recycling of hazardous waste, removal of unsafe 

14 buildings and debris at sites formerly used by the Depart15 ment of Defense, transfer the funds made available by this 

16 appropriation to other appropriations made available to 

17 the Department of the Army, to be merged with and to 

18 be available for the same purposes and for the same time 

19 period as the appropriations to which transferred: Pro20 vided further, That upon a determination that all or part 

21 of the funds transferred from this appropriation are not 

22 necessary for the purposes provided herein, such amounts 

23 may be transferred back to this appropriation: Provided 

24 further, That the transfer authority provided under this 

mstockstill on DSK4VPTVN1PROD with BILLS

21 

•HR 3671 IH

1 heading is in addition to any other transfer authority pro2 vided elsewhere in this Act. 

3 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

4 For expenses relating to the Overseas Humanitarian, 

5 Disaster, and Civic Aid programs of the Department of 

6 Defense (consisting of the programs provided under sec7 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

8 United States Code), $107,662,000, to remain available 

9 until September 30, 2013. 

10 COOPERATIVE THREAT REDUCTION ACCOUNT

11 For assistance to the republics of the former Soviet 

12 Union and, with appropriate authorization by the Depart13 ment of Defense and Department of State, to countries 

14 outside of the former Soviet Union, including assistance 

15 provided by contract or by grants, for facilitating the 

16 elimination and the safe and secure transportation and 

17 storage of nuclear, chemical and other weapons; for estab18 lishing programs to prevent the proliferation of weapons, 

19 weapons components, and weapon-related technology and 

20 expertise; for programs relating to the training and sup21 port of defense and military personnel for demilitarization 

22 and protection of weapons, weapons components and 

23 weapons technology and expertise, and for defense and 

24 military contacts, $508,219,000, to remain available until 

25 September 30, 2014: Provided, That of the amounts promstockstill on DSK4VPTVN1PROD with BILLS

22 

•HR 3671 IH

1 vided under this heading, not less than $13,500,000 shall 

2 be available only to support the dismantling and disposal 

3 of nuclear submarines, submarine reactor components, 

4 and security enhancements for transport and storage of 

5 nuclear warheads in the Russian Far East and North. 

6 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

7 DEVELOPMENT FUND

8 For the Department of Defense Acquisition Work9 force Development Fund, $105,501,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

23 

•HR 3671 IH

1 TITLE III 

2 PROCUREMENT 

3 AIRCRAFT PROCUREMENT, ARMY

4 For construction, procurement, production, modifica5 tion, and modernization of aircraft, equipment, including 

6 ordnance, ground handling equipment, spare parts, and 

7 accessories therefor; specialized equipment and training 

8 devices; expansion of public and private plants, including 

9 the land necessary therefor, for the foregoing purposes, 

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

11 and construction prosecuted thereon prior to approval of 

12 title; and procurement and installation of equipment, ap13 pliances, and machine tools in public and private plants; 

14 reserve plant and Government and contractor-owned 

15 equipment layaway; and other expenses necessary for the 

16 foregoing purposes, $5,360,334,000, to remain available 

17 for obligation until September 30, 2014. 

18 MISSILE PROCUREMENT, ARMY

19 For construction, procurement, production, modifica20 tion, and modernization of missiles, equipment, including 

21 ordnance, ground handling equipment, spare parts, and 

22 accessories therefor; specialized equipment and training 

23 devices; expansion of public and private plants, including 

24 the land necessary therefor, for the foregoing purposes, 

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

mstockstill on DSK4VPTVN1PROD with BILLS

24 

•HR 3671 IH

1 and construction prosecuted thereon prior to approval of 

2 title; and procurement and installation of equipment, ap3 pliances, and machine tools in public and private plants; 

4 reserve plant and Government and contractor-owned 

5 equipment layaway; and other expenses necessary for the 

6 foregoing purposes, $1,461,223,000, to remain available 

7 for obligation until September 30, 2014. 

8 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

9 VEHICLES, ARMY

10 For construction, procurement, production, and 

11 modification of weapons and tracked combat vehicles, 

12 equipment, including ordnance, spare parts, and acces13 sories therefor; specialized equipment and training devices; 

14 expansion of public and private plants, including the land 

15 necessary therefor, for the foregoing purposes, and such 

16 lands and interests therein, may be acquired, and con17 struction prosecuted thereon prior to approval of title; and 

18 procurement and installation of equipment, appliances, 

19 and machine tools in public and private plants; reserve 

20 plant and Government and contractor-owned equipment 

21 layaway; and other expenses necessary for the foregoing 

22 purposes, $2,070,405,000, to remain available for obliga23 tion until September 30, 2014. 

mstockstill on DSK4VPTVN1PROD with BILLS

25 

•HR 3671 IH

1 PROCUREMENT OF AMMUNITION, ARMY

2 For construction, procurement, production, and 

3 modification of ammunition, and accessories therefor; spe4 cialized equipment and training devices; expansion of pub5 lic and private plants, including ammunition facilities, au6 thorized by section 2854 of title 10, United States Code, 

7 and the land necessary therefor, for the foregoing pur8 poses, and such lands and interests therein, may be ac9 quired, and construction prosecuted thereon prior to ap10 proval of title; and procurement and installation of equip11 ment, appliances, and machine tools in public and private 

12 plants; reserve plant and Government and contractor13 owned equipment layaway; and other expenses necessary 

14 for the foregoing purposes, $1,884,424,000, to remain 

15 available for obligation until September 30, 2014. 

16 OTHER PROCUREMENT, ARMY

17 For construction, procurement, production, and 

18 modification of vehicles, including tactical, support, and 

19 non-tracked combat vehicles; the purchase of passenger 

20 motor vehicles for replacement only; communications and 

21 electronic equipment; other support equipment; spare 

22 parts, ordnance, and accessories therefor; specialized 

23 equipment and training devices; expansion of public and 

24 private plants, including the land necessary therefor, for 

25 the foregoing purposes, and such lands and interests 

mstockstill on DSK4VPTVN1PROD with BILLS

26 

•HR 3671 IH

1 therein, may be acquired, and construction prosecuted 

2 thereon prior to approval of title; and procurement and 

3 installation of equipment, appliances, and machine tools 

4 in public and private plants; reserve plant and Govern5 ment and contractor-owned equipment layaway; and other 

6 expenses necessary for the foregoing purposes, 

7 $7,924,214,000, to remain available for obligation until 

8 September 30, 2014. 

9 AIRCRAFT PROCUREMENT, NAVY

10 For construction, procurement, production, modifica11 tion, and modernization of aircraft, equipment, including 

12 ordnance, spare parts, and accessories therefor; specialized 

13 equipment; expansion of public and private plants, includ14 ing the land necessary therefor, and such lands and inter15 ests therein, may be acquired, and construction prosecuted 

16 thereon prior to approval of title; and procurement and 

17 installation of equipment, appliances, and machine tools 

18 in public and private plants; reserve plant and Govern19 ment and contractor-owned equipment layaway, 

20 $17,675,734,000, to remain available for obligation until 

21 September 30, 2014. 

22 WEAPONS PROCUREMENT, NAVY

23 For construction, procurement, production, modifica24 tion, and modernization of missiles, torpedoes, other weap25 ons, and related support equipment including spare parts, 

mstockstill on DSK4VPTVN1PROD with BILLS

27 

•HR 3671 IH

1 and accessories therefor; expansion of public and private 

2 plants, including the land necessary therefor, and such 

3 lands and interests therein, may be acquired, and con4 struction prosecuted thereon prior to approval of title; and 

5 procurement and installation of equipment, appliances, 

6 and machine tools in public and private plants; reserve 

7 plant and Government and contractor-owned equipment 

8 layaway, $3,224,432,000, to remain available for obliga9 tion until September 30, 2014. 

10 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

11 CORPS

12 For construction, procurement, production, and 

13 modification of ammunition, and accessories therefor; spe14 cialized equipment and training devices; expansion of pub15 lic and private plants, including ammunition facilities, au16 thorized by section 2854 of title 10, United States Code, 

17 and the land necessary therefor, for the foregoing pur18 poses, and such lands and interests therein, may be ac19 quired, and construction prosecuted thereon prior to ap20 proval of title; and procurement and installation of equip21 ment, appliances, and machine tools in public and private 

22 plants; reserve plant and Government and contractor23 owned equipment layaway; and other expenses necessary 

24 for the foregoing purposes, $626,848,000, to remain avail25 able for obligation until September 30, 2014. 

mstockstill on DSK4VPTVN1PROD with BILLS

28 

•HR 3671 IH

1 SHIPBUILDING AND CONVERSION, NAVY

2 For expenses necessary for the construction, acquisi3 tion, or conversion of vessels as authorized by law, includ4 ing armor and armament thereof, plant equipment, appli5 ances, and machine tools and installation thereof in public 

6 and private plants; reserve plant and Government and con7 tractor-owned equipment layaway; procurement of critical, 

8 long lead time components and designs for vessels to be 

9 constructed or converted in the future; and expansion of 

10 public and private plants, including land necessary there11 for, and such lands and interests therein, may be acquired, 

12 and construction prosecuted thereon prior to approval of 

13 title, as follows: 

14 Carrier Replacement Program (AP), 

15 $554,798,000; 

16 Virginia Class Submarine, $3,221,314,000; 

17 Virginia Class Submarine (AP), 

18 $1,461,361,000; 

19 CVN Refuelings (AP), $529,652,000; 

20 DDG–1000 Program, $453,727,000; 

21 DDG–51 Destroyer, $1,980,709,000; 

22 DDG–51 Destroyer (AP), $100,723,000; 

23 Littoral Combat Ship, $1,755,093,000; 

24 LPD–17, $1,837,444,000; 

25 LHA–Replacement, $1,999,191,000; 

mstockstill on DSK4VPTVN1PROD with BILLS

29 

•HR 3671 IH

1 Joint High Speed Vessel, $372,332,000; 

2 Oceanographic Ships, $89,000,000; 

3 Moored Training Ship, $131,200,000; 

4 LCAC Service Life Extension Program, 

5 $84,076,000; 

6 Service Craft, $3,863,000; and 

7 For outfitting, post delivery, conversions, and 

8 first destination transportation, $270,639,000. 

9 Completion of Prior Year Shipbuilding Pro10 grams, $73,992,000. 

11 In all: $14,919,114,000, to remain available for obli12 gation until September 30, 2016: Provided, That addi13 tional obligations may be incurred after September 30, 

14 2016, for engineering services, tests, evaluations, and 

15 other such budgeted work that must be performed in the 

16 final stage of ship construction: Provided further, That 

17 none of the funds provided under this heading for the con18 struction or conversion of any naval vessel to be con19 structed in shipyards in the United States shall be ex20 pended in foreign facilities for the construction of major 

21 components of such vessel: Provided further, That none 

22 of the funds provided under this heading shall be used 

23 for the construction of any naval vessel in foreign ship24 yards. 

mstockstill on DSK4VPTVN1PROD with BILLS

30 

•HR 3671 IH

1 OTHER PROCUREMENT, NAVY

2 For procurement, production, and modernization of 

3 support equipment and materials not otherwise provided 

4 for, Navy ordnance (except ordnance for new aircraft, new 

5 ships, and ships authorized for conversion); the purchase 

6 of passenger motor vehicles for replacement only; expan7 sion of public and private plants, including the land nec8 essary therefor, and such lands and interests therein, may 

9 be acquired, and construction prosecuted thereon prior to 

10 approval of title; and procurement and installation of 

11 equipment, appliances, and machine tools in public and 

12 private plants; reserve plant and Government and con13 tractor-owned equipment layaway, $6,013,385,000, to re14 main available for obligation until September 30, 2014. 

15 PROCUREMENT, MARINE CORPS

16 For expenses necessary for the procurement, manu17 facture, and modification of missiles, armament, military 

18 equipment, spare parts, and accessories therefor; plant 

19 equipment, appliances, and machine tools, and installation 

20 thereof in public and private plants; reserve plant and 

21 Government and contractor-owned equipment layaway; ve22 hicles for the Marine Corps, including the purchase of pas23 senger motor vehicles for replacement only; and expansion 

24 of public and private plants, including land necessary 

25 therefor, and such lands and interests therein, may be acmstockstill on DSK4VPTVN1PROD with BILLS

31 

•HR 3671 IH

1 quired, and construction prosecuted thereon prior to ap2 proval of title, $1,422,570,000, to remain available for ob3 ligation until September 30, 2014. 

4 AIRCRAFT PROCUREMENT, AIR FORCE

5 (INCLUDING TRANSFER OF FUNDS)

6 For construction, procurement, and modification of 

7 aircraft and equipment, including armor and armament, 

8 specialized ground handling equipment, and training de9 vices, spare parts, and accessories therefor; specialized 

10 equipment; expansion of public and private plants, Gov11 ernment-owned equipment and installation thereof in such 

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

13 the foregoing purposes, and such lands and interests 

14 therein, may be acquired, and construction prosecuted 

15 thereon prior to approval of title; reserve plant and Gov16 ernment and contractor-owned equipment layaway; and 

17 other expenses necessary for the foregoing purposes in18 cluding rents and transportation of things, 

19 $12,950,000,000, to remain available for obligation until 

20 September 30, 2014: Provided, That of the amount made 

21 available under this heading, $63,500,000 made available 

22 for C–130J aircraft shall be transferred to the Depart23 ment of Homeland Security, Coast Guard, ‘‘Acquisition, 

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

25 the transfer authority provided under this heading is in 

mstockstill on DSK4VPTVN1PROD with BILLS

32 

•HR 3671 IH

1 addition to any other transfer authority provided else2 where in this Act. 

3 MISSILE PROCUREMENT, AIR FORCE

4 For construction, procurement, and modification of 

5 missiles, spacecraft, rockets, and related equipment, in6 cluding spare parts and accessories therefor, ground han7 dling equipment, and training devices; expansion of public 

8 and private plants, Government-owned equipment and in9 stallation thereof in such plants, erection of structures, 

10 and acquisition of land, for the foregoing purposes, and 

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

12 construction prosecuted thereon prior to approval of title; 

13 reserve plant and Government and contractor-owned 

14 equipment layaway; and other expenses necessary for the 

15 foregoing purposes including rents and transportation of 

16 things, $6,080,877,000, to remain available for obligation 

17 until September 30, 2014. 

18 PROCUREMENT OF AMMUNITION, AIR FORCE

19 For construction, procurement, production, and 

20 modification of ammunition, and accessories therefor; spe21 cialized equipment and training devices; expansion of pub22 lic and private plants, including ammunition facilities, au23 thorized by section 2854 of title 10, United States Code, 

24 and the land necessary therefor, for the foregoing pur25 poses, and such lands and interests therein, may be acmstockstill on DSK4VPTVN1PROD with BILLS

33 

•HR 3671 IH

1 quired, and construction prosecuted thereon prior to ap2 proval of title; and procurement and installation of equip3 ment, appliances, and machine tools in public and private 

4 plants; reserve plant and Government and contractor5 owned equipment layaway; and other expenses necessary 

6 for the foregoing purposes, $499,185,000, to remain avail7 able for obligation until September 30, 2014. 

8 OTHER PROCUREMENT, AIR FORCE

9 For procurement and modification of equipment (in10 cluding ground guidance and electronic control equipment, 

11 and ground electronic and communication equipment), 

12 and supplies, materials, and spare parts therefor, not oth13 erwise provided for; the purchase of passenger motor vehi14 cles for replacement only; lease of passenger motor vehi15 cles; and expansion of public and private plants, Govern16 ment-owned equipment and installation thereof in such 

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

18 the foregoing purposes, and such lands and interests 

19 therein, may be acquired, and construction prosecuted 

20 thereon, prior to approval of title; reserve plant and Gov21 ernment and contractor-owned equipment layaway, 

22 $17,403,564,000, to remain available for obligation until 

23 September 30, 2014. 

mstockstill on DSK4VPTVN1PROD with BILLS

34 

•HR 3671 IH

1 PROCUREMENT, DEFENSE-WIDE

2 For expenses of activities and agencies of the Depart3 ment of Defense (other than the military departments) 

4 necessary for procurement, production, and modification 

5 of equipment, supplies, materials, and spare parts there6 for, not otherwise provided for; the purchase of passenger 

7 motor vehicles for replacement only; expansion of public 

8 and private plants, equipment, and installation thereof in 

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

10 for the foregoing purposes, and such lands and interests 

11 therein, may be acquired, and construction prosecuted 

12 thereon prior to approval of title; reserve plant and Gov13 ernment and contractor-owned equipment layaway, 

14 $4,893,428,000, to remain available for obligation until 

15 September 30, 2014. 

16 DEFENSE PRODUCTION ACT PURCHASES

17 For activities by the Department of Defense pursuant 

18 to sections 108, 301, 302, and 303 of the Defense Produc19 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 

20 2093), $169,964,000, to remain available until expended. 

mstockstill on DSK4VPTVN1PROD with BILLS

35 

•HR 3671 IH

1 TITLE IV 

2 RESEARCH, DEVELOPMENT, TEST AND 

3 EVALUATION 

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

5 ARMY

6 For expenses necessary for basic and applied sci7 entific research, development, test and evaluation, includ8 ing maintenance, rehabilitation, lease, and operation of fa9 cilities and equipment, $8,745,492,000, to remain avail10 able for obligation until September 30, 2013. 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 NAVY

13 For expenses necessary for basic and applied sci14 entific research, development, test and evaluation, includ15 ing maintenance, rehabilitation, lease, and operation of fa16 cilities and equipment, $17,753,940,000, to remain avail17 able for obligation until September 30, 2013: Provided, 

18 That funds appropriated in this paragraph which are 

19 available for the V–22 may be used to meet unique oper20 ational requirements of the Special Operations Forces: 

21 Provided further, That funds appropriated in this para22 graph shall be available for the Cobra Judy program. 

mstockstill on DSK4VPTVN1PROD with BILLS

36 

•HR 3671 IH

1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 AIR FORCE

3 For expenses necessary for basic and applied sci4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of fa6 cilities and equipment, $26,535,996,000, to remain avail7 able for obligation until September 30, 2013. 

8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

9 DEFENSE-WIDE

10 (INCLUDING TRANSFER OF FUNDS)

11 For expenses of activities and agencies of the Depart12 ment of Defense (other than the military departments), 

13 necessary for basic and applied scientific research, devel14 opment, test and evaluation; advanced research projects 

15 as may be designated and determined by the Secretary 

16 of Defense, pursuant to law; maintenance, rehabilitation, 

17 lease, and operation of facilities and equipment, 

18 $19,193,955,000, to remain available for obligation until 

19 September 30, 2013: Provided, That of the funds made 

20 available in this paragraph, $200,000,000 for the Defense 

21 Rapid Innovation Program shall only be available for ex22 penses, not otherwise provided for, to include program 

23 management and oversight, to conduct research, develop24 ment, test and evaluation to include proof of concept dem25 onstration; engineering, testing, and validation; and tranmstockstill on DSK4VPTVN1PROD with BILLS

37 

•HR 3671 IH

1 sition to full-scale production: Provided further, That the 

2 Secretary of Defense may transfer funds provided herein 

3 for the Defense Rapid Innovation Program to appropria4 tions for research, development, test and evaluation to ac5 complish the purpose provided herein: Provided further, 

6 That this transfer authority is in addition to any other 

7 transfer authority available to the Department of Defense: 

8 Provided further, That the Secretary of Defense shall, not 

9 fewer than 30 days prior to making transfers from this 

10 appropriation, notify the congressional defense committees 

11 in writing of the details of any such transfer. 

12 OPERATIONAL TEST AND EVALUATION, DEFENSE

13 For expenses, not otherwise provided for, necessary 

14 for the independent activities of the Director, Operational 

15 Test and Evaluation, in the direction and supervision of 

16 operational test and evaluation, including initial oper17 ational test and evaluation which is conducted prior to, 

18 and in support of, production decisions; joint operational 

19 testing and evaluation; and administrative expenses in 

20 connection therewith, $191,292,000, to remain available 

21 for obligation until September 30, 2013. 

mstockstill on DSK4VPTVN1PROD with BILLS

38 

•HR 3671 IH

1 TITLE V 

2 REVOLVING AND MANAGEMENT FUNDS 

3 DEFENSE WORKING CAPITAL FUNDS

4 For the Defense Working Capital Funds, 

5 $1,575,010,000. 

6 NATIONAL DEFENSE SEALIFT FUND

7 For National Defense Sealift Fund programs, 

8 projects, and activities, and for expenses of the National 

9 Defense Reserve Fleet, as established by section 11 of the 

10 Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), 

11 and for the necessary expenses to maintain and preserve 

12 a U.S.-flag merchant fleet to serve the national security 

13 needs of the United States, $1,100,519,000, to remain 

14 available until expended: Provided, That none of the funds 

15 provided in this paragraph shall be used to award a new 

16 contract that provides for the acquisition of any of the 

17 following major components unless such components are 

18 manufactured in the United States: auxiliary equipment, 

19 including pumps, for all shipboard services; propulsion 

20 system components (engines, reduction gears, and propel21 lers); shipboard cranes; and spreaders for shipboard 

22 cranes: Provided further, That the exercise of an option 

23 in a contract awarded through the obligation of previously 

24 appropriated funds shall not be considered to be the award 

25 of a new contract: Provided further, That the Secretary 

mstockstill on DSK4VPTVN1PROD with BILLS

39 

•HR 3671 IH

1 of the military department responsible for such procure2 ment may waive the restrictions in the first proviso on 

3 a case-by-case basis by certifying in writing to the Com4 mittees on Appropriations of the House of Representatives 

5 and the Senate that adequate domestic supplies are not 

6 available to meet Department of Defense requirements on 

7 a timely basis and that such an acquisition must be made 

8 in order to acquire capability for national security pur9 poses. 

mstockstill on DSK4VPTVN1PROD with BILLS

40 

•HR 3671 IH

1 TITLE VI 

2 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

3 DEFENSE HEALTH PROGRAM

4 For expenses, not otherwise provided for, for medical 

5 and health care programs of the Department of Defense 

6 as authorized by law, $32,482,059,000; of which 

7 $30,582,235,000 shall be for operation and maintenance, 

8 of which not to exceed 1 percent shall remain available 

9 until September 30, 2013, and of which up to 

10 $16,512,141,000 may be available for contracts entered 

11 into under the TRICARE program; of which 

12 $632,518,000, to remain available for obligation until Sep13 tember 30, 2014, shall be for procurement; and of which 

14 $1,267,306,000, to remain available for obligation until 

15 September 30, 2013, shall be for research, development, 

16 test and evaluation: Provided, That, notwithstanding any 

17 other provision of law, of the amount made available under 

18 this heading for research, development, test and evalua19 tion, not less than $8,000,000 shall be available for HIV 

20 prevention educational activities undertaken in connection 

21 with United States military training, exercises, and hu22 manitarian assistance activities conducted primarily in Af23 rican nations. 

mstockstill on DSK4VPTVN1PROD with BILLS

41 

•HR 3671 IH

1 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

2 DEFENSE

3 For expenses, not otherwise provided for, necessary 

4 for the destruction of the United States stockpile of lethal 

5 chemical agents and munitions in accordance with the pro6 visions of section 1412 of the Department of Defense Au7 thorization Act, 1986 (50 U.S.C. 1521), and for the de8 struction of other chemical warfare materials that are not 

9 in the chemical weapon stockpile, $1,554,422,000, of 

10 which $1,147,691,000 shall be for operation and mainte11 nance, of which no less than $71,211,000, shall be for the 

12 Chemical Stockpile Emergency Preparedness Program, 

13 consisting of $19,211,000 for activities on military instal14 lations and $52,000,000, to remain available until Sep15 tember 30, 2013, to assist State and local governments 

16 and $406,731,000, to remain available until September 

17 30, 2013, shall be for research, development, test and eval18 uation, of which $401,768,000 shall only be for the As19 sembled Chemical Weapons Alternatives (ACWA) pro20 gram. 

21 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

22 DEFENSE

23 (INCLUDING TRANSFER OF FUNDS)

24 For drug interdiction and counter-drug activities of 

25 the Department of Defense, for transfer to appropriations 

mstockstill on DSK4VPTVN1PROD with BILLS

42 

•HR 3671 IH

1 available to the Department of Defense for military per2 sonnel of the reserve components serving under the provi3 sions of title 10 and title 32, United States Code; for oper4 ation and maintenance; for procurement; and for research, 

5 development, test and evaluation, $1,209,620,000: Pro6 vided, That the funds appropriated under this heading 

7 shall be available for obligation for the same time period 

8 and for the same purpose as the appropriation to which 

9 transferred: Provided further, That upon a determination 

10 that all or part of the funds transferred from this appro11 priation are not necessary for the purposes provided here12 in, such amounts may be transferred back to this appro13 priation: Provided further, That the transfer authority pro14 vided under this heading is in addition to any other trans15 fer authority contained elsewhere in this Act: Provided fur16 ther, That $23,000,000 may not be obligated or expended 

17 until the Secretary of Defense submits an implementation 

18 plan for the expansion of prescription drug testing to the 

19 congressional defense committees. 

20 OFFICE OF THE INSPECTOR GENERAL

21 For expenses and activities of the Office of the In22 spector General in carrying out the provisions of the In23 spector General Act of 1978, as amended, $346,919,000, 

24 of which $341,419,000 shall be for operation and mainte25 nance, of which not to exceed $700,000 is available for 

mstockstill on DSK4VPTVN1PROD with BILLS

43 

•HR 3671 IH

1 emergencies and extraordinary expenses to be expended on 

2 the approval or authority of the Inspector General, and 

3 payments may be made on the Inspector General’s certifi4 cate of necessity for confidential military purposes; of 

5 which $1,000,000, to remain available until September 30, 

6 2014, shall be for procurement; and of which $4,500,000, 

7 to remain available until September 30, 2013, shall be for 

8 research, development, testing, and evaluation. 

mstockstill on DSK4VPTVN1PROD with BILLS

44 

•HR 3671 IH

1 TITLE VII 

2 RELATED AGENCIES 

3 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

4 DISABILITY SYSTEM FUND

5 For payment to the Central Intelligence Agency Re6 tirement and Disability System Fund, to maintain the 

7 proper funding level for continuing the operation of the 

8 Central Intelligence Agency Retirement and Disability 

9 System, $513,700,000. 

10 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

11 For necessary expenses of the Intelligence Commu12 nity Management Account, $547,891,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

45 

•HR 3671 IH

1 TITLE VIII 

2 GENERAL PROVISIONS 

3 SEC. 8001. No part of any appropriation contained 

4 in this Act shall be used for publicity or propaganda pur5 poses not authorized by the Congress. 

6 SEC. 8002. During the current fiscal year, provisions 

7 of law prohibiting the payment of compensation to, or em8 ployment of, any person not a citizen of the United States 

9 shall not apply to personnel of the Department of Defense: 

10 Provided, That salary increases granted to direct and indi11 rect hire foreign national employees of the Department of 

12 Defense funded by this Act shall not be at a rate in excess 

13 of the percentage increase authorized by law for civilian 

14 employees of the Department of Defense whose pay is 

15 computed under the provisions of section 5332 of title 5, 

16 United States Code, or at a rate in excess of the percent17 age increase provided by the appropriate host nation to 

18 its own employees, whichever is higher: Provided further, 

19 That this section shall not apply to Department of De20 fense foreign service national employees serving at United 

21 States diplomatic missions whose pay is set by the Depart22 ment of State under the Foreign Service Act of 1980: Pro23 vided further, That the limitations of this provision shall 

24 not apply to foreign national employees of the Department 

25 of Defense in the Republic of Turkey. 

mstockstill on DSK4VPTVN1PROD with BILLS

46 

•HR 3671 IH

1 SEC. 8003. No part of any appropriation contained 

2 in this Act shall remain available for obligation beyond 

3 the current fiscal year, unless expressly so provided herein. 

4 SEC. 8004. No more than 20 percent of the appro5 priations in this Act which are limited for obligation dur6 ing the current fiscal year shall be obligated during the 

7 last 2 months of the fiscal year: Provided, That this sec8 tion shall not apply to obligations for support of active 

9 duty training of reserve components or summer camp 

10 training of the Reserve Officers’ Training Corps. 

11 (TRANSFER OF FUNDS)

12 SEC. 8005. Upon determination by the Secretary of 

13 Defense that such action is necessary in the national inter14 est, he may, with the approval of the Office of Manage15 ment and Budget, transfer not to exceed $3,750,000,000 

16 of working capital funds of the Department of Defense 

17 or funds made available in this Act to the Department 

18 of Defense for military functions (except military con19 struction) between such appropriations or funds or any 

20 subdivision thereof, to be merged with and to be available 

21 for the same purposes, and for the same time period, as 

22 the appropriation or fund to which transferred: Provided, 

23 That such authority to transfer may not be used unless 

24 for higher priority items, based on unforeseen military re25 quirements, than those for which originally appropriated 

mstockstill on DSK4VPTVN1PROD with BILLS

47 

•HR 3671 IH

1 and in no case where the item for which funds are re2 quested has been denied by the Congress: Provided further, 

3 That the Secretary of Defense shall notify the Congress 

4 promptly of all transfers made pursuant to this authority 

5 or any other authority in this Act: Provided further, That 

6 no part of the funds in this Act shall be available to pre7 pare or present a request to the Committees on Appropria8 tions for reprogramming of funds, unless for higher pri9 ority items, based on unforeseen military requirements, 

10 than those for which originally appropriated and in no 

11 case where the item for which reprogramming is requested 

12 has been denied by the Congress: Provided further, That 

13 a request for multiple reprogrammings of funds using au14 thority provided in this section shall be made prior to June 

15 30, 2012: Provided further, That transfers among military 

16 personnel appropriations shall not be taken into account 

17 for purposes of the limitation on the amount of funds that 

18 may be transferred under this section. 

19 SEC. 8006. (a) With regard to the list of specific pro20 grams, projects, and activities (and the dollar amounts 

21 and adjustments to budget activities corresponding to 

22 such programs, projects, and activities) contained in the 

23 tables titled ‘‘Explanation of Project Level Adjustments’’ 

24 in the explanatory statement described in section 4 (in the 

25 matter preceding division A of this consolidated Act), the 

mstockstill on DSK4VPTVN1PROD with BILLS

48 

•HR 3671 IH

1 obligation and expenditure of amounts appropriated or 

2 otherwise made available in this Act for those programs, 

3 projects, and activities for which the amounts appro4 priated exceed the amounts requested are hereby required 

5 by law to be carried out in the manner provided by such 

6 tables to the same extent as if the tables were included 

7 in the text of this Act. 

8 (b) Amounts specified in the referenced tables de9 scribed in subsection (a) shall not be treated as subdivi10 sions of appropriations for purposes of section 8005 of this 

11 Act: Provided, That section 8005 shall apply when trans12 fers of the amounts described in subsection (a) occur be13 tween appropriation accounts. 

14 SEC. 8007. (a) Not later than 60 days after enact15 ment of this Act, the Department of Defense shall submit 

16 a report to the congressional defense committees to estab17 lish the baseline for application of reprogramming and 

18 transfer authorities for fiscal year 2012: Provided, That 

19 the report shall include— 

20 (1) a table for each appropriation with a sepa21 rate column to display the President’s budget re22 quest, adjustments made by Congress, adjustments 

23 due to enacted rescissions, if appropriate, and the 

24 fiscal year enacted level; 

mstockstill on DSK4VPTVN1PROD with BILLS

49 

•HR 3671 IH

1 (2) a delineation in the table for each appro2 priation both by budget activity and program, 

3 project, and activity as detailed in the Budget Ap4 pendix; and 

5 (3) an identification of items of special congres6 sional interest. 

7 (b) Notwithstanding section 8005 of this Act, none 

8 of the funds provided in this Act shall be available for 

9 reprogramming or transfer until the report identified in 

10 subsection (a) is submitted to the congressional defense 

11 committees, unless the Secretary of Defense certifies in 

12 writing to the congressional defense committees that such 

13 reprogramming or transfer is necessary as an emergency 

14 requirement. 

15 (TRANSFER OF FUNDS)

16 SEC. 8008. During the current fiscal year, cash bal17 ances in working capital funds of the Department of De18 fense established pursuant to section 2208 of title 10, 

19 United States Code, may be maintained in only such 

20 amounts as are necessary at any time for cash disburse21 ments to be made from such funds: Provided, That trans22 fers may be made between such funds: Provided further, 

23 That transfers may be made between working capital 

24 funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 

25 appropriation and the ‘‘Operation and Maintenance’’ apmstockstill on DSK4VPTVN1PROD with BILLS

50 

•HR 3671 IH

1 propriation accounts in such amounts as may be deter2 mined by the Secretary of Defense, with the approval of 

3 the Office of Management and Budget, except that such 

4 transfers may not be made unless the Secretary of Defense 

5 has notified the Congress of the proposed transfer. Except 

6 in amounts equal to the amounts appropriated to working 

7 capital funds in this Act, no obligations may be made 

8 against a working capital fund to procure or increase the 

9 value of war reserve material inventory, unless the Sec10 retary of Defense has notified the Congress prior to any 

11 such obligation. 

12 SEC. 8009. Funds appropriated by this Act may not 

13 be used to initiate a special access program without prior 

14 notification 30 calendar days in advance to the congres15 sional defense committees. 

16 SEC. 8010. None of the funds provided in this Act 

17 shall be available to initiate: (1) a multiyear contract that 

18 employs economic order quantity procurement in excess of 

19 $20,000,000 in any one year of the contract or that in20 cludes an unfunded contingent liability in excess of 

21 $20,000,000; or (2) a contract for advance procurement 

22 leading to a multiyear contract that employs economic 

23 order quantity procurement in excess of $20,000,000 in 

24 any one year, unless the congressional defense committees 

25 have been notified at least 30 days in advance of the promstockstill on DSK4VPTVN1PROD with BILLS

51 

•HR 3671 IH

1 posed contract award: Provided, That no part of any ap2 propriation contained in this Act shall be available to ini3 tiate a multiyear contract for which the economic order 

4 quantity advance procurement is not funded at least to 

5 the limits of the Government’s liability: Provided further, 

6 That no part of any appropriation contained in this Act 

7 shall be available to initiate multiyear procurement con8 tracts for any systems or component thereof if the value 

9 of the multiyear contract would exceed $500,000,000 un10 less specifically provided in this Act: Provided further, 

11 That no multiyear procurement contract can be termi12 nated without 10-day prior notification to the congres13 sional defense committees: Provided further, That the exe14 cution of multiyear authority shall require the use of a 

15 present value analysis to determine lowest cost compared 

16 to an annual procurement: Provided further, That none of 

17 the funds provided in this Act may be used for a multiyear 

18 contract executed after the date of the enactment of this 

19 Act unless in the case of any such contract— 

20 (1) the Secretary of Defense has submitted to 

21 Congress a budget request for full funding of units 

22 to be procured through the contract and, in the case 

23 of a contract for procurement of aircraft, that in24 cludes, for any aircraft unit to be procured through 

25 the contract for which procurement funds are remstockstill on DSK4VPTVN1PROD with BILLS

52 

•HR 3671 IH

1 quested in that budget request for production be2 yond advance procurement activities in the fiscal 

3 year covered by the budget, full funding of procure4 ment of such unit in that fiscal year; 

5 (2) cancellation provisions in the contract do 

6 not include consideration of recurring manufacturing 

7 costs of the contractor associated with the produc8 tion of unfunded units to be delivered under the con9 tract; 

10 (3) the contract provides that payments to the 

11 contractor under the contract shall not be made in 

12 advance of incurred costs on funded units; and 

13 (4) the contract does not provide for a price ad14 justment based on a failure to award a follow-on 

15 contract. 

16 Funds appropriated in title III of this Act may be 

17 used for a multiyear procurement contract as follows: 

18 UH–60M/HH–60M and MH–60R/MH–60S Heli19 copter Airframes; and MH–60R/S Mission Avionics and 

20 Common Cockpits. 

21 SEC. 8011. Within the funds appropriated for the op22 eration and maintenance of the Armed Forces, funds are 

23 hereby appropriated pursuant to section 401 of title 10, 

24 United States Code, for humanitarian and civic assistance 

25 costs under chapter 20 of title 10, United States Code. 

mstockstill on DSK4VPTVN1PROD with BILLS

53 

•HR 3671 IH

1 Such funds may also be obligated for humanitarian and 

2 civic assistance costs incidental to authorized operations 

3 and pursuant to authority granted in section 401 of chap4 ter 20 of title 10, United States Code, and these obliga5 tions shall be reported as required by section 401(d) of 

6 title 10, United States Code: Provided, That funds avail7 able for operation and maintenance shall be available for 

8 providing humanitarian and similar assistance by using 

9 Civic Action Teams in the Trust Territories of the Pacific 

10 Islands and freely associated states of Micronesia, pursu11 ant to the Compact of Free Association as authorized by 

12 Public Law 99–239: Provided further, That upon a deter13 mination by the Secretary of the Army that such action 

14 is beneficial for graduate medical education programs con15 ducted at Army medical facilities located in Hawaii, the 

16 Secretary of the Army may authorize the provision of med17 ical services at such facilities and transportation to such 

18 facilities, on a nonreimbursable basis, for civilian patients 

19 from American Samoa, the Commonwealth of the North20 ern Mariana Islands, the Marshall Islands, the Federated 

21 States of Micronesia, Palau, and Guam. 

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

23 personnel of the Department of Defense may not be man24 aged on the basis of any end-strength, and the manage25 ment of such personnel during that fiscal year shall not 

mstockstill on DSK4VPTVN1PROD with BILLS

54 

•HR 3671 IH

1 be subject to any constraint or limitation (known as an 

2 end-strength) on the number of such personnel who may 

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

4 (b) The fiscal year 2013 budget request for the De5 partment of Defense as well as all justification material 

6 and other documentation supporting the fiscal year 2013 

7 Department of Defense budget request shall be prepared 

8 and submitted to the Congress as if subsections (a) and 

9 (b) of this provision were effective with regard to fiscal 

10 year 2013. 

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

12 to military (civilian) technicians. 

13 SEC. 8013. None of the funds made available by this 

14 Act shall be used in any way, directly or indirectly, to in15 fluence congressional action on any legislation or appro16 priation matters pending before the Congress. 

17 SEC. 8014. None of the funds appropriated by this 

18 Act shall be available for the basic pay and allowances of 

19 any member of the Army participating as a full-time stu20 dent and receiving benefits paid by the Secretary of Vet21 erans Affairs from the Department of Defense Education 

22 Benefits Fund when time spent as a full-time student is 

23 credited toward completion of a service commitment: Pro24 vided, That this section shall not apply to those members 

25 who have reenlisted with this option prior to October 1, 

mstockstill on DSK4VPTVN1PROD with BILLS

55 

•HR 3671 IH

1 1987: Provided further, That this section applies only to 

2 active components of the Army. 

3 (TRANSFER OF FUNDS)

4 SEC. 8015. Funds appropriated in title III of this Act 

5 for the Department of Defense Pilot Mentor-Protege Pro6 gram may be transferred to any other appropriation con7 tained in this Act solely for the purpose of implementing 

8 a Mentor-Protege Program developmental assistance 

9 agreement pursuant to section 831 of the National De10 fense Authorization Act for Fiscal Year 1991 (Public Law 

11 101–510; 10 U.S.C. 2302 note), as amended, under the 

12 authority of this provision or any other transfer authority 

13 contained in this Act. 

14 SEC. 8016. None of the funds in this Act may be 

15 available for the purchase by the Department of Defense 

16 (and its departments and agencies) of welded shipboard 

17 anchor and mooring chain 4 inches in diameter and under 

18 unless the anchor and mooring chain are manufactured 

19 in the United States from components which are substan20 tially manufactured in the United States: Provided, That 

21 for the purpose of this section, the term ‘‘manufactured’’ 

22 shall include cutting, heat treating, quality control, testing 

23 of chain and welding (including the forging and shot blast24 ing process): Provided further, That for the purpose of this 

25 section substantially all of the components of anchor and 

mstockstill on DSK4VPTVN1PROD with BILLS

56 

•HR 3671 IH

1 mooring chain shall be considered to be produced or manu2 factured in the United States if the aggregate cost of the 

3 components produced or manufactured in the United 

4 States exceeds the aggregate cost of the components pro5 duced or manufactured outside the United States: Pro6 vided further, That when adequate domestic supplies are 

7 not available to meet Department of Defense requirements 

8 on a timely basis, the Secretary of the service responsible 

9 for the procurement may waive this restriction on a case10 by-case basis by certifying in writing to the Committees 

11 on Appropriations that such an acquisition must be made 

12 in order to acquire capability for national security pur13 poses. 

14 SEC. 8017. None of the funds available to the De15 partment of Defense may be used to demilitarize or dis16 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

17 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

18 to demilitarize or destroy small arms ammunition or am19 munition components that are not otherwise prohibited 

20 from commercial sale under Federal law, unless the small 

21 arms ammunition or ammunition components are certified 

22 by the Secretary of the Army or designee as unserviceable 

23 or unsafe for further use. 

24 SEC. 8018. No more than $500,000 of the funds ap25 propriated or made available in this Act shall be used durmstockstill on DSK4VPTVN1PROD with BILLS

57 

•HR 3671 IH

1 ing a single fiscal year for any single relocation of an orga2 nization, unit, activity or function of the Department of 

3 Defense into or within the National Capital Region: Pro4 vided, That the Secretary of Defense may waive this re5 striction on a case-by-case basis by certifying in writing 

6 to the congressional defense committees that such a relo7 cation is required in the best interest of the Government. 

8 SEC. 8019. In addition to the funds provided else9 where in this Act, $15,000,000 is appropriated only for 

10 incentive payments authorized by section 504 of the In11 dian Financing Act of 1974 (25 U.S.C. 1544): Provided, 

12 That a prime contractor or a subcontractor at any tier 

13 that makes a subcontract award to any subcontractor or 

14 supplier as defined in section 1544 of title 25, United 

15 States Code, or a small business owned and controlled by 

16 an individual or individuals defined under section 4221(9) 

17 of title 25, United States Code, shall be considered a con18 tractor for the purposes of being allowed additional com19 pensation under section 504 of the Indian Financing Act 

20 of 1974 (25 U.S.C. 1544) whenever the prime contract 

21 or subcontract amount is over $500,000 and involves the 

22 expenditure of funds appropriated by an Act making Ap23 propriations for the Department of Defense with respect 

24 to any fiscal year: Provided further, That notwithstanding 

25 section 1906 of title 41, United States Code, this section 

mstockstill on DSK4VPTVN1PROD with BILLS

58 

•HR 3671 IH

1 shall be applicable to any Department of Defense acquisi2 tion of supplies or services, including any contract and any 

3 subcontract at any tier for acquisition of commercial items 

4 produced or manufactured, in whole or in part, by any 

5 subcontractor or supplier defined in section 1544 of title 

6 25, United States Code, or a small business owned and 

7 controlled by an individual or individuals defined under 

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

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

10 Defense Media Activity shall not be used for any national 

11 or international political or psychological activities. 

12 SEC. 8021. During the current fiscal year, the De13 partment of Defense is authorized to incur obligations of 

14 not to exceed $350,000,000 for purposes specified in sec15 tion 2350j(c) of title 10, United States Code, in anticipa16 tion of receipt of contributions, only from the Government 

17 of Kuwait, under that section: Provided, That upon re18 ceipt, such contributions from the Government of Kuwait 

19 shall be credited to the appropriations or fund which in20 curred such obligations. 

21 SEC. 8022. (a) Of the funds made available in this 

22 Act, not less than $37,745,000 shall be available for the 

23 Civil Air Patrol Corporation, of which— 

24 (1) $27,838,000 shall be available from ‘‘Oper25 ation and Maintenance, Air Force’’ to support Civil 

mstockstill on DSK4VPTVN1PROD with BILLS

59 

•HR 3671 IH

1 Air Patrol Corporation operation and maintenance, 

2 readiness, counterdrug activities, and drug demand 

3 reduction activities involving youth programs; 

4 (2) $8,990,000 shall be available from ‘‘Aircraft 

5 Procurement, Air Force’’; and 

6 (3) $917,000 shall be available from ‘‘Other 

7 Procurement, Air Force’’ for vehicle procurement. 

8 (b) The Secretary of the Air Force should waive reim9 bursement for any funds used by the Civil Air Patrol for 

10 counter-drug activities in support of Federal, State, and 

11 local government agencies. 

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

13 Act are available to establish a new Department of De14 fense (department) federally funded research and develop15 ment center (FFRDC), either as a new entity, or as a 

16 separate entity administrated by an organization man17 aging another FFRDC, or as a nonprofit membership cor18 poration consisting of a consortium of other FFRDCs and 

19 other nonprofit entities. 

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

21 Overseers, Advisory Group, Special Issues Panel, Visiting 

22 Committee, or any similar entity of a defense FFRDC, 

23 and no paid consultant to any defense FFRDC, except 

24 when acting in a technical advisory capacity, may be com25 pensated for his or her services as a member of such entimstockstill on DSK4VPTVN1PROD with BILLS

60 

•HR 3671 IH

1 ty, or as a paid consultant by more than one FFRDC in 

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

3 referred to previously in this subsection shall be allowed 

4 travel expenses and per diem as authorized under the Fed5 eral Joint Travel Regulations, when engaged in the per6 formance of membership duties. 

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

8 of the funds available to the department from any source 

9 during fiscal year 2012 may be used by a defense FFRDC, 

10 through a fee or other payment mechanism, for construc11 tion of new buildings, for payment of cost sharing for 

12 projects funded by Government grants, for absorption of 

13 contract overruns, or for certain charitable contributions, 

14 not to include employee participation in community service 

15 and/or development. 

16 (d) Notwithstanding any other provision of law, of 

17 the funds available to the department during fiscal year 

18 2012, not more than 5,750 staff years of technical effort 

19 (staff years) may be funded for defense FFRDCs: Pro20 vided, That of the specific amount referred to previously 

21 in this subsection, not more than 1,125 staff years may 

22 be funded for the defense studies and analysis FFRDCs: 

23 Provided further, That this subsection shall not apply to 

24 staff years funded in the National Intelligence Program 

25 (NIP) and the Military Intelligence Program (MIP). 

mstockstill on DSK4VPTVN1PROD with BILLS

61 

•HR 3671 IH

1 (e) The Secretary of Defense shall, with the submis2 sion of the department’s fiscal year 2013 budget request, 

3 submit a report presenting the specific amounts of staff 

4 years of technical effort to be allocated for each defense 

5 FFRDC during that fiscal year and the associated budget 

6 estimates. 

7 (f) Notwithstanding any other provision of this Act, 

8 the total amount appropriated in this Act for FFRDCs 

9 is hereby reduced by $150,245,000. 

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

11 available in this Act shall be used to procure carbon, alloy 

12 or armor steel plate for use in any Government-owned fa13 cility or property under the control of the Department of 

14 Defense which were not melted and rolled in the United 

15 States or Canada: Provided, That these procurement re16 strictions shall apply to any and all Federal Supply Class 

17 9515, American Society of Testing and Materials (ASTM) 

18 or American Iron and Steel Institute (AISI) specifications 

19 of carbon, alloy or armor steel plate: Provided further, 

20 That the Secretary of the military department responsible 

21 for the procurement may waive this restriction on a case22 by-case basis by certifying in writing to the Committees 

23 on Appropriations of the House of Representatives and the 

24 Senate that adequate domestic supplies are not available 

25 to meet Department of Defense requirements on a timely 

mstockstill on DSK4VPTVN1PROD with BILLS

62 

•HR 3671 IH

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

2 to acquire capability for national security purposes: Pro3 vided further, That these restrictions shall not apply to 

4 contracts which are in being as of the date of the enact5 ment of this Act. 

6 SEC. 8025. For the purposes of this Act, the term 

7 ‘‘congressional defense committees’’ means the Armed 

8 Services Committee of the House of Representatives, the 

9 Armed Services Committee of the Senate, the Sub10 committee on Defense of the Committee on Appropriations 

11 of the Senate, and the Subcommittee on Defense of the 

12 Committee on Appropriations of the House of Representa13 tives. 

14 SEC. 8026. During the current fiscal year, the De15 partment of Defense may acquire the modification, depot 

16 maintenance and repair of aircraft, vehicles and vessels 

17 as well as the production of components and other De18 fense-related articles, through competition between De19 partment of Defense depot maintenance activities and pri20 vate firms: Provided, That the Senior Acquisition Execu21 tive of the military department or Defense Agency con22 cerned, with power of delegation, shall certify that success23 ful bids include comparable estimates of all direct and in24 direct costs for both public and private bids: Provided fur25 ther, That Office of Management and Budget Circular A– 

mstockstill on DSK4VPTVN1PROD with BILLS

63 

•HR 3671 IH

1 76 shall not apply to competitions conducted under this 

2 section. 

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

4 consultation with the United States Trade Representative, 

5 determines that a foreign country which is party to an 

6 agreement described in paragraph (2) has violated the 

7 terms of the agreement by discriminating against certain 

8 types of products produced in the United States that are 

9 covered by the agreement, the Secretary of Defense shall 

10 rescind the Secretary’s blanket waiver of the Buy Amer11 ican Act with respect to such types of products produced 

12 in that foreign country. 

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

14 reciprocal defense procurement memorandum of under15 standing, between the United States and a foreign country 

16 pursuant to which the Secretary of Defense has prospec17 tively waived the Buy American Act for certain products 

18 in that country. 

19 (b) The Secretary of Defense shall submit to the Con20 gress a report on the amount of Department of Defense 

21 purchases from foreign entities in fiscal year 2012. Such 

22 report shall separately indicate the dollar value of items 

23 for which the Buy American Act was waived pursuant to 

24 any agreement described in subsection (a)(2), the Trade 

25 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 

mstockstill on DSK4VPTVN1PROD with BILLS

64 

•HR 3671 IH

1 international agreement to which the United States is a 

2 party. 

3 (c) For purposes of this section, the term ‘‘Buy 

4 American Act’’ means chapter 83 of title 41, United 

5 States Code. 

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

7 contained in the Department of Defense Overseas Military 

8 Facility Investment Recovery Account established by sec9 tion 2921(c)(1) of the National Defense Authorization Act 

10 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 

11 be available until expended for the payments specified by 

12 section 2921(c)(2) of that Act. 

13 SEC. 8029. (a) Notwithstanding any other provision 

14 of law, the Secretary of the Air Force may convey at no 

15 cost to the Air Force, without consideration, to Indian 

16 tribes located in the States of Nevada, Idaho, North Da17 kota, South Dakota, Montana, Oregon, Minnesota, and 

18 Washington relocatable military housing units located at 

19 Grand Forks Air Force Base, Malmstrom Air Force Base, 

20 Mountain Home Air Force Base, Ellsworth Air Force 

21 Base, and Minot Air Force Base that are excess to the 

22 needs of the Air Force. 

23 (b) The Secretary of the Air Force shall convey, at 

24 no cost to the Air Force, military housing units under sub25 section (a) in accordance with the request for such units 

mstockstill on DSK4VPTVN1PROD with BILLS

65 

•HR 3671 IH

1 that are submitted to the Secretary by the Operation 

2 Walking Shield Program on behalf of Indian tribes located 

3 in the States of Nevada, Idaho, North Dakota, South Da4 kota, Montana, Oregon, Minnesota, and Washington. Any 

5 such conveyance shall be subject to the condition that the 

6 housing units shall be removed within a reasonable period 

7 of time, as determined by the Secretary. 

8 (c) The Operation Walking Shield Program shall re9 solve any conflicts among requests of Indian tribes for 

10 housing units under subsection (a) before submitting re11 quests to the Secretary of the Air Force under subsection 

12 (b). 

13 (d) In this section, the term ‘‘Indian tribe’’ means 

14 any recognized Indian tribe included on the current list 

15 published by the Secretary of the Interior under section 

16 104 of the Federally Recognized Indian Tribe Act of 1994 

17 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a– 

18 1). 

19 SEC. 8030. During the current fiscal year, appropria20 tions which are available to the Department of Defense 

21 for operation and maintenance may be used to purchase 

22 items having an investment item unit cost of not more 

23 than $250,000. 

24 SEC. 8031. (a) During the current fiscal year, none 

25 of the appropriations or funds available to the Department 

mstockstill on DSK4VPTVN1PROD with BILLS

66 

•HR 3671 IH

1 of Defense Working Capital Funds shall be used for the 

2 purchase of an investment item for the purpose of acquir3 ing a new inventory item for sale or anticipated sale dur4 ing the current fiscal year or a subsequent fiscal year to 

5 customers of the Department of Defense Working Capital 

6 Funds if such an item would not have been chargeable 

7 to the Department of Defense Business Operations Fund 

8 during fiscal year 1994 and if the purchase of such an 

9 investment item would be chargeable during the current 

10 fiscal year to appropriations made to the Department of 

11 Defense for procurement. 

12 (b) The fiscal year 2013 budget request for the De13 partment of Defense as well as all justification material 

14 and other documentation supporting the fiscal year 2013 

15 Department of Defense budget shall be prepared and sub16 mitted to the Congress on the basis that any equipment 

17 which was classified as an end item and funded in a pro18 curement appropriation contained in this Act shall be 

19 budgeted for in a proposed fiscal year 2013 procurement 

20 appropriation and not in the supply management business 

21 area or any other area or category of the Department of 

22 Defense Working Capital Funds. 

23 SEC. 8032. None of the funds appropriated by this 

24 Act for programs of the Central Intelligence Agency shall 

25 remain available for obligation beyond the current fiscal 

mstockstill on DSK4VPTVN1PROD with BILLS

67 

•HR 3671 IH

1 year, except for funds appropriated for the Reserve for 

2 Contingencies, which shall remain available until Sep3 tember 30, 2013: Provided, That funds appropriated, 

4 transferred, or otherwise credited to the Central Intel5 ligence Agency Central Services Working Capital Fund 

6 during this or any prior or subsequent fiscal year shall 

7 remain available until expended: Provided further, That 

8 any funds appropriated or transferred to the Central Intel9 ligence Agency for advanced research and development ac10 quisition, for agent operations, and for covert action pro11 grams authorized by the President under section 503 of 

12 the National Security Act of 1947, as amended, shall re13 main available until September 30, 2013. 

14 SEC. 8033. Notwithstanding any other provision of 

15 law, funds made available in this Act for the Defense In16 telligence Agency may be used for the design, develop17 ment, and deployment of General Defense Intelligence 

18 Program intelligence communications and intelligence in19 formation systems for the Services, the Unified and Speci20 fied Commands, and the component commands. 

21 SEC. 8034. Of the funds appropriated to the Depart22 ment of Defense under the heading ‘‘Operation and Main23 tenance, Defense-Wide’’, not less than $12,000,000 shall 

24 be made available only for the mitigation of environmental 

25 impacts, including training and technical assistance to 

mstockstill on DSK4VPTVN1PROD with BILLS

68 

•HR 3671 IH

1 tribes, related administrative support, the gathering of in2 formation, documenting of environmental damage, and de3 veloping a system for prioritization of mitigation and cost 

4 to complete estimates for mitigation, on Indian lands re5 sulting from Department of Defense activities. 

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

7 Act may be expended by an entity of the Department of 

8 Defense unless the entity, in expending the funds, com9 plies with the Buy American Act. For purposes of this 

10 subsection, the term ‘‘Buy American Act’’ means chapter 

11 83 of title 41, United States Code. 

12 (b) If the Secretary of Defense determines that a per13 son has been convicted of intentionally affixing a label 

14 bearing a ‘‘Made in America’’ inscription to any product 

15 sold in or shipped to the United States that is not made 

16 in America, the Secretary shall determine, in accordance 

17 with section 2410f of title 10, United States Code, wheth18 er the person should be debarred from contracting with 

19 the Department of Defense. 

20 (c) In the case of any equipment or products pur21 chased with appropriations provided under this Act, it is 

22 the sense of the Congress that any entity of the Depart23 ment of Defense, in expending the appropriation, purchase 

24 only American-made equipment and products, provided 

25 that American-made equipment and products are costmstockstill on DSK4VPTVN1PROD with BILLS

69 

•HR 3671 IH

1 competitive, quality competitive, and available in a timely 

2 fashion. 

3 SEC. 8036. None of the funds appropriated by this 

4 Act shall be available for a contract for studies, analysis, 

5 or consulting services entered into without competition on 

6 the basis of an unsolicited proposal unless the head of the 

7 activity responsible for the procurement determines— 

8 (1) as a result of thorough technical evaluation, 

9 only one source is found fully qualified to perform 

10 the proposed work; 

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

12 unsolicited proposal which offers significant sci13 entific or technological promise, represents the prod14 uct of original thinking, and was submitted in con15 fidence by one source; or 

16 (3) the purpose of the contract is to take ad17 vantage of unique and significant industrial accom18 plishment by a specific concern, or to insure that a 

19 new product or idea of a specific concern is given fi20 nancial support: Provided, That this limitation shall 

21 not apply to contracts in an amount of less than 

22 $25,000, contracts related to improvements of equip23 ment that is in development or production, or con24 tracts as to which a civilian official of the Depart25 ment of Defense, who has been confirmed by the 

mstockstill on DSK4VPTVN1PROD with BILLS

70 

•HR 3671 IH

1 Senate, determines that the award of such contract 

2 is in the interest of the national defense. 

3 SEC. 8037. (a) Except as provided in subsections (b) 

4 and (c), none of the funds made available by this Act may 

5 be used— 

6 (1) to establish a field operating agency; or 

7 (2) to pay the basic pay of a member of the 

8 Armed Forces or civilian employee of the depart9 ment who is transferred or reassigned from a head10 quarters activity if the member or employee’s place 

11 of duty remains at the location of that headquarters. 

12 (b) The Secretary of Defense or Secretary of a mili13 tary department may waive the limitations in subsection 

14 (a), on a case-by-case basis, if the Secretary determines, 

15 and certifies to the Committees on Appropriations of the 

16 House of Representatives and Senate that the granting 

17 of the waiver will reduce the personnel requirements or 

18 the financial requirements of the department. 

19 (c) This section does not apply to— 

20 (1) field operating agencies funded within the 

21 National Intelligence Program; 

22 (2) an Army field operating agency established 

23 to eliminate, mitigate, or counter the effects of im24 provised explosive devices, and, as determined by the 

25 Secretary of the Army, other similar threats; or 

mstockstill on DSK4VPTVN1PROD with BILLS

71 

•HR 3671 IH

1 (3) an Army field operating agency established 

2 to improve the effectiveness and efficiencies of bio3 metric activities and to integrate common biometric 

4 technologies throughout the Department of Defense. 

5 SEC. 8038. The Secretary of Defense, notwith6 standing any other provision of law, acting through the 

7 Office of Economic Adjustment of the Department of De8 fense, may use funds made available in this Act under the 

9 heading ‘‘Operation and Maintenance, Defense-Wide’’ to 

10 make grants and supplement other Federal funds in ac11 cordance with the guidance provided in the explanatory 

12 statement described in section 4 (in the matter preceding 

13 division A of this consolidated Act). 

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

15 this Act shall be available to convert to contractor per16 formance an activity or function of the Department of De17 fense that, on or after the date of the enactment of this 

18 Act, is performed by Department of Defense civilian em19 ployees unless— 

20 (1) the conversion is based on the result of a 

21 public-private competition that includes a most effi22 cient and cost effective organization plan developed 

23 by such activity or function; 

24 (2) the Competitive Sourcing Official deter25 mines that, over all performance periods stated in 

mstockstill on DSK4VPTVN1PROD with BILLS

72 

•HR 3671 IH

1 the solicitation of offers for performance of the ac2 tivity or function, the cost of performance of the ac3 tivity or function by a contractor would be less costly 

4 to the Department of Defense by an amount that 

5 equals or exceeds the lesser of— 

6 (A) 10 percent of the most efficient organi7 zation’s personnel-related costs for performance 

8 of that activity or function by Federal employ9 ees; or 

10 (B) $10,000,000; and 

11 (3) the contractor does not receive an advan12 tage for a proposal that would reduce costs for the 

13 Department of Defense by— 

14 (A) not making an employer-sponsored 

15 health insurance plan available to the workers 

16 who are to be employed in the performance of 

17 that activity or function under the contract; or 

18 (B) offering to such workers an employer19 sponsored health benefits plan that requires the 

20 employer to contribute less towards the pre21 mium or subscription share than the amount 

22 that is paid by the Department of Defense for 

23 health benefits for civilian employees under 

24 chapter 89 of title 5, United States Code. 

mstockstill on DSK4VPTVN1PROD with BILLS

73 

•HR 3671 IH

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

2 to subsection (a) of this section or subsection (a), (b), or 

3 (c) of section 2461 of title 10, United States Code, and 

4 notwithstanding any administrative regulation, require5 ment, or policy to the contrary shall have full authority 

6 to enter into a contract for the performance of any com7 mercial or industrial type function of the Department of 

8 Defense that— 

9 (A) is included on the procurement list es10 tablished pursuant to section 2 of the Javits11 Wagner-O’Day Act (section 8503 of title 41, 

12 United States Code); 

13 (B) is planned to be converted to perform14 ance by a qualified nonprofit agency for the 

15 blind or by a qualified nonprofit agency for 

16 other severely handicapped individuals in ac17 cordance with that Act; or 

18 (C) is planned to be converted to perform19 ance by a qualified firm under at least 51 per20 cent ownership by an Indian tribe, as defined in 

21 section 4(e) of the Indian Self-Determination 

22 and Education Assistance Act (25 U.S.C. 

23 450b(e)), or a Native Hawaiian Organization, 

24 as defined in section 8(a)(15) of the Small 

25 Business Act (15 U.S.C. 637(a)(15)). 

mstockstill on DSK4VPTVN1PROD with BILLS

74 

•HR 3671 IH

1 (2) This section shall not apply to depot con2 tracts or contracts for depot maintenance as pro3 vided in sections 2469 and 2474 of title 10, United 

4 States Code. 

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

6 Department of Defense under the authority provided by 

7 this section shall be credited toward any competitive or 

8 outsourcing goal, target, or measurement that may be es9 tablished by statute, regulation, or policy and is deemed 

10 to be awarded under the authority of, and in compliance 

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

12 States Code, for the competition or outsourcing of com13 mercial activities. 

14 (RESCISSIONS)

15 SEC. 8040. Of the funds appropriated in Department 

16 of Defense Appropriations Acts, the following funds are 

17 hereby rescinded from the following accounts and pro18 grams in the specified amounts: 

19 ‘‘National Defense Sealift Fund, 2002/XXXX’’, 

20 $20,444,000; 

21 ‘‘National Defense Sealift Fund, 2003/XXXX’’, 

22 $8,500,000; 

23 ‘‘National Defense Sealift Fund, 2004/XXXX’’, 

24 $6,500,000; 

mstockstill on DSK4VPTVN1PROD with BILLS

75 

•HR 3671 IH

1 ‘‘Aircraft Procurement, Army, 2010/2012’’, 

2 $5,100,000; 

3 ‘‘Procurement of Weapons and Tracked Combat 

4 Vehicles, Army, 2010/2012’’, $4,353,000; 

5 ‘‘Procurement of Ammunition, Army, 2010/ 

6 2012’’, $21,674,000; 

7 ‘‘Other Procurement, Army, 2010/2012’’, 

8 $58,647,000; 

9 ‘‘Aircraft Procurement, Navy, 2010/2012’’, 

10 $90,000,000; 

11 ‘‘Aircraft Procurement, Air Force, 2010/2012’’, 

12 $32,897,000; 

13 ‘‘Missile Procurement, Air Force, 2010/2012’’, 

14 $3,889,000; 

15 ‘‘Other Procurement, Air Force, 2010/2012’’, 

16 $12,200,000; 

17 ‘‘Procurement, Defense-Wide, 2010/2012’’, 

18 $716,000; 

19 ‘‘Aircraft Procurement, Army, 2011/2013’’, 

20 $21,500,000; 

21 ‘‘Missile Procurement, Army, 2011/2013’’, 

22 $99,800,000; 

23 ‘‘Procurement of Weapons and Tracked Combat 

24 Vehicles, Army, 2011/2013’’, $18,834,000; 

mstockstill on DSK4VPTVN1PROD with BILLS

76 

•HR 3671 IH

1 ‘‘Procurement of Ammunition, Army, 2011/ 

2 2013’’, $15,000,000; 

3 ‘‘Other Procurement, Army, 2011/2013’’, 

4 $438,436,000; 

5 ‘‘Aircraft Procurement, Navy, 2011/2013’’, 

6 $78,000,000; 

7 ‘‘Weapons Procurement, Navy, 2011/2013’’, 

8 $34,276,000; 

9 ‘‘Procurement of Ammunition, Navy and Ma10 rine Corps, 2011/2013’’, $28,262,000; 

11 ‘‘Other Procurement, Navy, 2011/2013’’, 

12 $59,598,000; 

13 Under the heading, ‘‘Shipbuilding and Conver14 sion, Navy, 2011/2015’’: Littoral Combat Ship Ad15 vance Procurement: $110,351,000; 

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

17 $220,213,000; 

18 ‘‘Missile Procurement, Air Force, 2011/2013’’, 

19 $193,900,000; 

20 ‘‘Other Procurement, Air Force, 2011/2013’’, 

21 $52,868,000; 

22 ‘‘Procurement, Defense-Wide, 2011/2013’’, 

23 $4,312,000; 

24 ‘‘Research, Development, Test and Evaluation, 

25 Army, 2011/2012’’, $356,625,000; 

mstockstill on DSK4VPTVN1PROD with BILLS

77 

•HR 3671 IH

1 ‘‘Research, Development, Test and Evaluation, 

2 Navy, 2011/2012’’, $65,687,000; 

3 ‘‘Research, Development, Test and Evaluation, 

4 Air Force, 2011/2012’’, $258,094,000; 

5 ‘‘Research, Development, Test and Evaluation, 

6 Defense-Wide, 2011/2012’’, $254,284,000; 

7 ‘‘Defense Health Program, 2011/2012’’, 

8 $257,000: 

9 Provided, That the funds rescinded from the 

10 National Defense Sealift accounts are those de11 scribed under the heading ‘‘National Defense Sealift 

12 Fund’’ in Public Law 107–117, Public Law 107– 

13 248, and Public Law 108–87, or for the purposes 

14 described in section 115 of division H of Public Law 

15 108–199, as amended by section 1017 of division A 

16 of Public Law 109–13. 

17 SEC. 8041. None of the funds available in this Act 

18 may be used to reduce the authorized positions for mili19 tary technicians (dual status) of the Army National 

20 Guard, Air National Guard, Army Reserve and Air Force 

21 Reserve for the purpose of applying any administratively 

22 imposed civilian personnel ceiling, freeze, or reduction on 

23 military technicians (dual status), unless such reductions 

24 are a direct result of a reduction in military force struc25 ture. 

mstockstill on DSK4VPTVN1PROD with BILLS

78 

•HR 3671 IH

1 SEC. 8042. None of the funds appropriated or other2 wise made available in this Act may be obligated or ex3 pended for assistance to the Democratic People’s Republic 

4 of Korea unless specifically appropriated for that purpose. 

5 SEC. 8043. Funds appropriated in this Act for oper6 ation and maintenance of the Military Departments, Com7 batant Commands and Defense Agencies shall be available 

8 for reimbursement of pay, allowances and other expenses 

9 which would otherwise be incurred against appropriations 

10 for the National Guard and Reserve when members of the 

11 National Guard and Reserve provide intelligence or coun12 terintelligence support to Combatant Commands, Defense 

13 Agencies and Joint Intelligence Activities, including the 

14 activities and programs included within the National Intel15 ligence Program and the Military Intelligence Program: 

16 Provided, That nothing in this section authorizes deviation 

17 from established Reserve and National Guard personnel 

18 and training procedures. 

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

20 the funds appropriated in this Act may be used to reduce 

21 the civilian medical and medical support personnel as22 signed to military treatment facilities below the September 

23 30, 2003, level: Provided, That the Service Surgeons Gen24 eral may waive this section by certifying to the congres25 sional defense committees that the beneficiary population 

mstockstill on DSK4VPTVN1PROD with BILLS

79 

•HR 3671 IH

1 is declining in some catchment areas and civilian strength 

2 reductions may be consistent with responsible resource 

3 stewardship and capitation-based budgeting. 

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

5 Department of Defense for any fiscal year for drug inter6 diction or counter-drug activities may be transferred to 

7 any other department or agency of the United States ex8 cept as specifically provided in an appropriations law. 

9 (b) None of the funds available to the Central Intel10 ligence Agency for any fiscal year for drug interdiction 

11 and counter-drug activities may be transferred to any 

12 other department or agency of the United States except 

13 as specifically provided in an appropriations law. 

14 SEC. 8046. None of the funds appropriated by this 

15 Act may be used for the procurement of ball and roller 

16 bearings other than those produced by a domestic source 

17 and of domestic origin: Provided, That the Secretary of 

18 the military department responsible for such procurement 

19 may waive this restriction on a case-by-case basis by certi20 fying in writing to the Committees on Appropriations of 

21 the House of Representatives and the Senate, that ade22 quate domestic supplies are not available to meet Depart23 ment of Defense requirements on a timely basis and that 

24 such an acquisition must be made in order to acquire ca25 pability for national security purposes: Provided further, 

mstockstill on DSK4VPTVN1PROD with BILLS

80 

•HR 3671 IH

1 That this restriction shall not apply to the purchase of 

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

3 Office of Federal Procurement Policy Act, except that the 

4 restriction shall apply to ball or roller bearings purchased 

5 as end items. 

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

7 used to purchase any supercomputer which is not manu8 factured in the United States, unless the Secretary of De9 fense certifies to the congressional defense committees 

10 that such an acquisition must be made in order to acquire 

11 capability for national security purposes that is not avail12 able from United States manufacturers. 

13 SEC. 8048. None of the funds made available in this 

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

15 officer or employee of the Department of Defense who ap16 proves or implements the transfer of administrative re17 sponsibilities or budgetary resources of any program, 

18 project, or activity financed by this Act to the jurisdiction 

19 of another Federal agency not financed by this Act with20 out the express authorization of Congress: Provided, That 

21 this limitation shall not apply to transfers of funds ex22 pressly provided for in Defense Appropriations Acts, or 

23 provisions of Acts providing supplemental appropriations 

24 for the Department of Defense. 

mstockstill on DSK4VPTVN1PROD with BILLS

81 

•HR 3671 IH

1 SEC. 8049. (a) Notwithstanding any other provision 

2 of law, none of the funds available to the Department of 

3 Defense for the current fiscal year may be obligated or 

4 expended to transfer to another nation or an international 

5 organization any defense articles or services (other than 

6 intelligence services) for use in the activities described in 

7 subsection (b) unless the congressional defense commit8 tees, the Committee on Foreign Affairs of the House of 

9 Representatives, and the Committee on Foreign Relations 

10 of the Senate are notified 15 days in advance of such 

11 transfer. 

12 (b) This section applies to— 

13 (1) any international peacekeeping or peace-en14 forcement operation under the authority of chapter 

15 VI or chapter VII of the United Nations Charter 

16 under the authority of a United Nations Security 

17 Council resolution; and 

18 (2) any other international peacekeeping, peace19 enforcement, or humanitarian assistance operation. 

20 (c) A notice under subsection (a) shall include the 

21 following: 

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

23 services to be transferred. 

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

25 supplies, or services to be transferred. 

mstockstill on DSK4VPTVN1PROD with BILLS

82 

•HR 3671 IH

1 (3) In the case of a proposed transfer of equip2 ment or supplies— 

3 (A) a statement of whether the inventory 

4 requirements of all elements of the Armed 

5 Forces (including the reserve components) for 

6 the type of equipment or supplies to be trans7 ferred have been met; and 

8 (B) a statement of whether the items pro9 posed to be transferred will have to be replaced 

10 and, if so, how the President proposes to pro11 vide funds for such replacement. 

12 SEC. 8050. None of the funds available to the De13 partment of Defense under this Act shall be obligated or 

14 expended to pay a contractor under a contract with the 

15 Department of Defense for costs of any amount paid by 

16 the contractor to an employee when— 

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

18 excess of the normal salary paid by the contractor 

19 to the employee; and 

20 (2) such bonus is part of restructuring costs as21 sociated with a business combination. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 8051. During the current fiscal year, no more 

24 than $30,000,000 of appropriations made in this Act 

25 under the heading ‘‘Operation and Maintenance, Defensemstockstill on DSK4VPTVN1PROD with BILLS

83 

•HR 3671 IH

1 Wide’’ may be transferred to appropriations available for 

2 the pay of military personnel, to be merged with, and to 

3 be available for the same time period as the appropriations 

4 to which transferred, to be used in support of such per5 sonnel in connection with support and services for eligible 

6 organizations and activities outside the Department of De7 fense pursuant to section 2012 of title 10, United States 

8 Code. 

9 SEC. 8052. During the current fiscal year, in the case 

10 of an appropriation account of the Department of Defense 

11 for which the period of availability for obligation has ex12 pired or which has closed under the provisions of section 

13 1552 of title 31, United States Code, and which has a 

14 negative unliquidated or unexpended balance, an obliga15 tion or an adjustment of an obligation may be charged 

16 to any current appropriation account for the same purpose 

17 as the expired or closed account if— 

18 (1) the obligation would have been properly 

19 chargeable (except as to amount) to the expired or 

20 closed account before the end of the period of avail21 ability or closing of that account; 

22 (2) the obligation is not otherwise properly 

23 chargeable to any current appropriation account of 

24 the Department of Defense; and 

mstockstill on DSK4VPTVN1PROD with BILLS

84 

•HR 3671 IH

1 (3) in the case of an expired account, the obli2 gation is not chargeable to a current appropriation 

3 of the Department of Defense under the provisions 

4 of section 1405(b)(8) of the National Defense Au5 thorization Act for Fiscal Year 1991, Public Law 

6 101–510, as amended (31 U.S.C. 1551 note): Pro7 vided, That in the case of an expired account, if sub8 sequent review or investigation discloses that there 

9 was not in fact a negative unliquidated or unex10 pended balance in the account, any charge to a cur11 rent account under the authority of this section shall 

12 be reversed and recorded against the expired ac13 count: Provided further, That the total amount 

14 charged to a current appropriation under this sec15 tion may not exceed an amount equal to 1 percent 

16 of the total appropriation for that account. 

17 SEC. 8053. (a) Notwithstanding any other provision 

18 of law, the Chief of the National Guard Bureau may per19 mit the use of equipment of the National Guard Distance 

20 Learning Project by any person or entity on a space-avail21 able, reimbursable basis. The Chief of the National Guard 

22 Bureau shall establish the amount of reimbursement for 

23 such use on a case-by-case basis. 

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

25 credited to funds available for the National Guard Dismstockstill on DSK4VPTVN1PROD with BILLS

85 

•HR 3671 IH

1 tance Learning Project and be available to defray the costs 

2 associated with the use of equipment of the project under 

3 that subsection. Such funds shall be available for such 

4 purposes without fiscal year limitation. 

5 SEC. 8054. Using funds made available by this Act 

6 or any other Act, the Secretary of the Air Force, pursuant 

7 to a determination under section 2690 of title 10, United 

8 States Code, may implement cost-effective agreements for 

9 required heating facility modernization in the 

10 Kaiserslautern Military Community in the Federal Repub11 lic of Germany: Provided, That in the City of 

12 Kaiserslautern and at the Rhine Ordnance Barracks area, 

13 such agreements will include the use of United States an14 thracite as the base load energy for municipal district heat 

15 to the United States Defense installations: Provided fur16 ther, That at Landstuhl Army Regional Medical Center 

17 and Ramstein Air Base, furnished heat may be obtained 

18 from private, regional or municipal services, if provisions 

19 are included for the consideration of United States coal 

20 as an energy source. 

21 SEC. 8055. None of the funds appropriated in title 

22 IV of this Act may be used to procure end-items for deliv23 ery to military forces for operational training, operational 

24 use or inventory requirements: Provided, That this restric25 tion does not apply to end-items used in development, 

mstockstill on DSK4VPTVN1PROD with BILLS

86 

•HR 3671 IH

1 prototyping, and test activities preceding and leading to 

2 acceptance for operational use: Provided further, That this 

3 restriction does not apply to programs funded within the 

4 National Intelligence Program: Provided further, That the 

5 Secretary of Defense may waive this restriction on a case6 by-case basis by certifying in writing to the Committees 

7 on Appropriations of the House of Representatives and the 

8 Senate that it is in the national security interest to do 

9 so. 

10 SEC. 8056. None of the funds made available in this 

11 Act may be used to approve or license the sale of the F– 

12 22A advanced tactical fighter to any foreign government: 

13 Provided, That the Department of Defense may conduct 

14 or participate in studies, research, design and other activi15 ties to define and develop a future export version of the 

16 F–22A that protects classified and sensitive information, 

17 technologies and U.S. warfighting capabilities. 

18 SEC. 8057. (a) The Secretary of Defense may, on a 

19 case-by-case basis, waive with respect to a foreign country 

20 each limitation on the procurement of defense items from 

21 foreign sources provided in law if the Secretary determines 

22 that the application of the limitation with respect to that 

23 country would invalidate cooperative programs entered 

24 into between the Department of Defense and the foreign 

25 country, or would invalidate reciprocal trade agreements 

mstockstill on DSK4VPTVN1PROD with BILLS

87 

•HR 3671 IH

1 for the procurement of defense items entered into under 

2 section 2531 of title 10, United States Code, and the 

3 country does not discriminate against the same or similar 

4 defense items produced in the United States for that coun5 try. 

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

7 (1) contracts and subcontracts entered into on 

8 or after the date of the enactment of this Act; and 

9 (2) options for the procurement of items that 

10 are exercised after such date under contracts that 

11 are entered into before such date if the option prices 

12 are adjusted for any reason other than the applica13 tion of a waiver granted under subsection (a). 

14 (c) Subsection (a) does not apply to a limitation re15 garding construction of public vessels, ball and roller bear16 ings, food, and clothing or textile materials as defined by 

17 section 11 (chapters 50–65) of the Harmonized Tariff 

18 Schedule and products classified under headings 4010, 

19 4202, 4203, 6401 through 6406, 6505, 7019, 7218 

20 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

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

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

23 this Act may be used to support any training program in24 volving a unit of the security forces or police of a foreign 

25 country if the Secretary of Defense has received credible 

mstockstill on DSK4VPTVN1PROD with BILLS

88 

•HR 3671 IH

1 information from the Department of State that the unit 

2 has committed a gross violation of human rights, unless 

3 all necessary corrective steps have been taken. 

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

5 Secretary of State, shall ensure that prior to a decision 

6 to conduct any training program referred to in subsection 

7 (a), full consideration is given to all credible information 

8 available to the Department of State relating to human 

9 rights violations by foreign security forces. 

10 (c) The Secretary of Defense, after consultation with 

11 the Secretary of State, may waive the prohibition in sub12 section (a) if he determines that such waiver is required 

13 by extraordinary circumstances. 

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

15 waiver under subsection (c), the Secretary of Defense shall 

16 submit a report to the congressional defense committees 

17 describing the extraordinary circumstances, the purpose 

18 and duration of the training program, the United States 

19 forces and the foreign security forces involved in the train20 ing program, and the information relating to human rights 

21 violations that necessitates the waiver. 

22 SEC. 8059. None of the funds appropriated or other23 wise made available by this or other Department of De24 fense Appropriations Acts may be obligated or expended 

25 for the purpose of performing repairs or maintenance to 

mstockstill on DSK4VPTVN1PROD with BILLS

89 

•HR 3671 IH

1 military family housing units of the Department of De2 fense, including areas in such military family housing 

3 units that may be used for the purpose of conducting offi4 cial Department of Defense business. 

5 SEC. 8060. Notwithstanding any other provision of 

6 law, funds appropriated in this Act under the heading 

7 ‘‘Research, Development, Test and Evaluation, Defense8 Wide’’ for any new start advanced concept technology 

9 demonstration project or joint capability demonstration 

10 project may only be obligated 45 days after a report, in11 cluding a description of the project, the planned acquisi12 tion and transition strategy and its estimated annual and 

13 total cost, has been provided in writing to the congres14 sional defense committees: Provided, That the Secretary 

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

16 basis by certifying to the congressional defense committees 

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

18 SEC. 8061. The Secretary of Defense shall provide 

19 a classified quarterly report beginning 30 days after enact20 ment of this Act, to the House and Senate Appropriations 

21 Committees, Subcommittees on Defense on certain mat22 ters as directed in the classified annex accompanying this 

23 Act. 

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

25 the funds available to the Department of Defense may be 

mstockstill on DSK4VPTVN1PROD with BILLS

90 

•HR 3671 IH

1 used to provide support to another department or agency 

2 of the United States if such department or agency is more 

3 than 90 days in arrears in making payment to the Depart4 ment of Defense for goods or services previously provided 

5 to such department or agency on a reimbursable basis: 

6 Provided, That this restriction shall not apply if the de7 partment is authorized by law to provide support to such 

8 department or agency on a nonreimbursable basis, and is 

9 providing the requested support pursuant to such author10 ity: Provided further, That the Secretary of Defense may 

11 waive this restriction on a case-by-case basis by certifying 

12 in writing to the Committees on Appropriations of the 

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

14 national security interest to do so. 

15 SEC. 8063. Notwithstanding section 12310(b) of title 

16 10, United States Code, a Reserve who is a member of 

17 the National Guard serving on full-time National Guard 

18 duty under section 502(f) of title 32, United States Code, 

19 may perform duties in support of the ground-based ele20 ments of the National Ballistic Missile Defense System. 

21 SEC. 8064. None of the funds provided in this Act 

22 may be used to transfer to any nongovernmental entity 

23 ammunition held by the Department of Defense that has 

24 a center-fire cartridge and a United States military no25 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

mstockstill on DSK4VPTVN1PROD with BILLS

91 

•HR 3671 IH

1 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 

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

3 entity performing demilitarization services for the Depart4 ment of Defense under a contract that requires the entity 

5 to demonstrate to the satisfaction of the Department of 

6 Defense that armor piercing projectiles are either: (1) ren7 dered incapable of reuse by the demilitarization process; 

8 or (2) used to manufacture ammunition pursuant to a con9 tract with the Department of Defense or the manufacture 

10 of ammunition for export pursuant to a License for Per11 manent Export of Unclassified Military Articles issued by 

12 the Department of State. 

13 SEC. 8065. Notwithstanding any other provision of 

14 law, the Chief of the National Guard Bureau, or his des15 ignee, may waive payment of all or part of the consider16 ation that otherwise would be required under section 2667 

17 of title 10, United States Code, in the case of a lease of 

18 personal property for a period not in excess of 1 year to 

19 any organization specified in section 508(d) of title 32, 

20 United States Code, or any other youth, social, or fra21 ternal nonprofit organization as may be approved by the 

22 Chief of the National Guard Bureau, or his designee, on 

23 a case-by-case basis. 

24 SEC. 8066. None of the funds appropriated by this 

25 Act shall be used for the support of any nonappropriated 

mstockstill on DSK4VPTVN1PROD with BILLS

92 

•HR 3671 IH

1 funds activity of the Department of Defense that procures 

2 malt beverages and wine with nonappropriated funds for 

3 resale (including such alcoholic beverages sold by the 

4 drink) on a military installation located in the United 

5 States unless such malt beverages and wine are procured 

6 within that State, or in the case of the District of Colum7 bia, within the District of Columbia, in which the military 

8 installation is located: Provided, That in a case in which 

9 the military installation is located in more than one State, 

10 purchases may be made in any State in which the installa11 tion is located: Provided further, That such local procure12 ment requirements for malt beverages and wine shall 

13 apply to all alcoholic beverages only for military installa14 tions in States which are not contiguous with another 

15 State: Provided further, That alcoholic beverages other 

16 than wine and malt beverages, in contiguous States and 

17 the District of Columbia shall be procured from the most 

18 competitive source, price and other factors considered. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 8067. Of the amounts appropriated in this Act 

21 under the heading ‘‘Operation and Maintenance, Army’’, 

22 $124,493,000 shall remain available until expended: Pro23 vided, That notwithstanding any other provision of law, 

24 the Secretary of Defense is authorized to transfer such 

25 funds to other activities of the Federal Government: Promstockstill on DSK4VPTVN1PROD with BILLS

93 

•HR 3671 IH

1 vided further, That the Secretary of Defense is authorized 

2 to enter into and carry out contracts for the acquisition 

3 of real property, construction, personal services, and oper4 ations related to projects carrying out the purposes of this 

5 section: Provided further, That contracts entered into 

6 under the authority of this section may provide for such 

7 indemnification as the Secretary determines to be nec8 essary: Provided further, That projects authorized by this 

9 section shall comply with applicable Federal, State, and 

10 local law to the maximum extent consistent with the na11 tional security, as determined by the Secretary of Defense. 

12 SEC. 8068. Section 8106 of the Department of De13 fense Appropriations Act, 1997 (titles I through VIII of 

14 the matter under subsection 101(b) of Public Law 104– 

15 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con16 tinue in effect to apply to disbursements that are made 

17 by the Department of Defense in fiscal year 2012. 

18 SEC. 8069. In addition to amounts provided else19 where in this Act, $4,000,000 is hereby appropriated to 

20 the Department of Defense, to remain available for obliga21 tion until expended: Provided, That notwithstanding any 

22 other provision of law, that upon the determination of the 

23 Secretary of Defense that it shall serve the national inter24 est, these funds shall be available only for a grant to the 

25 Fisher House Foundation, Inc., only for the construction 

mstockstill on DSK4VPTVN1PROD with BILLS

94 

•HR 3671 IH

1 and furnishing of additional Fisher Houses to meet the 

2 needs of military family members when confronted with 

3 the illness or hospitalization of an eligible military bene4 ficiary. 

5 SEC. 8070. (a) IN GENERAL.—Subchapter I of chap6 ter 88 of title 10, United States Code, is amended by add7 ing the following new section at its end— 

8 ‘‘§ 1790. MILITARY PERSONNEL CITIZENSHIP 

9 PROCESSING. 

10 ‘‘AUTHORIZATION OF PAYMENTS.—Using funds pro11 vided for operation and maintenance and notwithstanding 

12 section 2215 of title 10, United States Code, the Secretary 

13 of Defense may reimburse the Secretary of Homeland Se14 curity for costs associated with the processing and adju15 dication by the United States Citizenship and Immigration 

16 Services (USCIS) of applications for naturalization de17 scribed in sections 328(b)(4) and 329(b)(4) of the Immi18 gration and Nationality Act (8 U.S.C. §§ 1439(b)(4) and 

19 1440(b)(4)). Such reimbursements shall be deposited and 

20 remain available as provided by sections 286(m) and (n) 

21 of such Act (8 U.S.C. § 1356(m)). Such reimbursements 

22 shall be based on actual costs incurred by USCIS for proc23 essing applications for naturalization, and shall not exceed 

24 $7,500,000 per fiscal year.’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

95 

•HR 3671 IH

1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of subchapter I of chapter 88 of title 10, 

3 United States Code, is amended by inserting after the 

4 item relating to section 1789 the following new item: 

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

5 (INCLUDING TRANSFER OF FUNDS)

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

7 under the heading ‘‘Research, Development, Test and 

8 Evaluation, Defense-Wide’’, $235,700,000 shall be for the 

9 Israeli Cooperative Programs: Provided, That of this 

10 amount, $110,525,000 shall be for the Short Range Bal11 listic Missile Defense (SRBMD) program, including cruise 

12 missile defense research and development under the 

13 SRBMD program, of which $15,000,000 shall be for pro14 duction activities of SRBMD missiles in the United States 

15 and in Israel to meet Israel’s defense requirements con16 sistent with each nation’s laws, regulations, and proce17 dures, $66,220,000 shall be available for an upper-tier 

18 component to the Israeli Missile Defense Architecture, and 

19 $58,955,000 shall be for the Arrow System Improvement 

20 Program including development of a long range, ground 

21 and airborne, detection suite: Provided further, That funds 

22 made available under this provision for production of mis23 siles and missile components may be transferred to appro24 priations available for the procurement of weapons and 

25 equipment, to be merged with and to be available for the 

mstockstill on DSK4VPTVN1PROD with BILLS

96 

•HR 3671 IH

1 same time period and the same purposes as the appropria2 tion to which transferred: Provided further, That the 

3 transfer authority provided under this provision is in addi4 tion to any other transfer authority contained in this Act. 

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

6 Department of Defense may be obligated to modify com7 mand and control relationships to give Fleet Forces Com8 mand operational and administrative control of U.S. Navy 

9 forces assigned to the Pacific fleet. 

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

11 of Defense may be obligated to modify command and con12 trol relationships to give United States Transportation 

13 Command operational and administrative control of C– 

14 130 and KC–135 forces assigned to the Pacific and Euro15 pean Air Force Commands. 

16 (c) The command and control relationships in sub17 sections (a) and (b) which existed on March 13, 2011, 

18 shall remain in force unless changes are specifically au19 thorized in a subsequent Act. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8073. Of the amounts appropriated in this Act 

22 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

23 $73,992,000 shall be available until September 30, 2012, 

24 to fund prior year shipbuilding cost increases: Provided, 

25 That upon enactment of this Act, the Secretary of the 

mstockstill on DSK4VPTVN1PROD with BILLS

97 

•HR 3671 IH

1 Navy shall transfer funds to the following appropriations 

2 in the amounts specified: Provided further, That the 

3 amounts transferred shall be merged with and be available 

4 for the same purposes as the appropriations to which 

5 transferred to: 

6 (1) Under the heading ‘‘Shipbuilding and Con7 version, Navy, 2005/2012’’: LPD–17 Amphibious 

8 Transport Dock Program $18,627,000; 

9 (2) Under the heading ‘‘Shipbuilding and Con10 version, Navy, 2006/2012’’: LPD–17 Amphibious 

11 Transport Dock Program $23,437,000; and 

12 (3) Under the heading ‘‘Shipbuilding and Con13 version, Navy, 2008/2012’’: LPD–17 Amphibious 

14 Transport Dock Program $31,928,000. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 8074. (a) Of the amounts appropriated in title 

17 IV of this Act under the heading ‘‘Research, Development, 

18 Test and Evaluation, Army’’, for Budget Activities 4, 5 

19 and 7, $50,000,000 shall be transferred to Program Ele20 ment 0605601A: Provided, That no funds may be trans21 ferred until 30 days after the Secretary of the Army pro22 vides to the congressional defense committees a report in23 cluding the details of any such transfer: Provided further, 

24 That the transfer authority provided under this provision 

mstockstill on DSK4VPTVN1PROD with BILLS

98 

•HR 3671 IH

1 is in addition to any other transfer authority contained 

2 in this Act. 

3 (b) Of the amounts appropriated in title IV of this 

4 Act under the heading ‘‘Research, Development, Test and 

5 Evaluation, Air Force’’, for Budget Activities 4, 5 and 7, 

6 $34,000,000 shall be transferred to Program Element 

7 0605807F: Provided, That no funds may be transferred 

8 until 30 days after the Secretary of the Air Force provides 

9 to the congressional defense committees a report including 

10 the details of any such transfer: Provided further, That 

11 the transfer authority provided under this provision is in 

12 addition to any other transfer authority contained in this 

13 Act. 

14 SEC. 8075. Funds appropriated by this Act, or made 

15 available by the transfer of funds in this Act, for intel16 ligence activities are deemed to be specifically authorized 

17 by the Congress for purposes of section 504 of the Na18 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

19 year 2012 until the enactment of the Intelligence Author20 ization Act for Fiscal Year 2012. 

21 SEC. 8076. None of the funds provided in this Act 

22 shall be available for obligation or expenditure through a 

23 reprogramming of funds that creates or initiates a new 

24 program, project, or activity unless such program, project, 

25 or activity must be undertaken immediately in the interest 

mstockstill on DSK4VPTVN1PROD with BILLS

99 

•HR 3671 IH

1 of national security and only after written prior notifica2 tion to the congressional defense committees. 

3 SEC. 8077. The budget of the President for fiscal 

4 year 2013 submitted to the Congress pursuant to section 

5 1105 of title 31, United States Code, shall include sepa6 rate budget justification documents for costs of United 

7 States Armed Forces’ participation in contingency oper8 ations for the Military Personnel accounts, the Operation 

9 and Maintenance accounts, and the Procurement ac10 counts: Provided, That these documents shall include a de11 scription of the funding requested for each contingency op12 eration, for each military service, to include all Active and 

13 Reserve components, and for each appropriations account: 

14 Provided further, That these documents shall include esti15 mated costs for each element of expense or object class, 

16 a reconciliation of increases and decreases for each contin17 gency operation, and programmatic data including, but 

18 not limited to, troop strength for each Active and Reserve 

19 component, and estimates of the major weapons systems 

20 deployed in support of each contingency: Provided further, 

21 That these documents shall include budget exhibits OP– 

22 5 and OP–32 (as defined in the Department of Defense 

23 Financial Management Regulation) for all contingency op24 erations for the budget year and the two preceding fiscal 

25 years. 

mstockstill on DSK4VPTVN1PROD with BILLS

100 

•HR 3671 IH

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

2 used for research, development, test, evaluation, procure3 ment or deployment of nuclear armed interceptors of a 

4 missile defense system. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 8079. In addition to the amounts appropriated 

7 or otherwise made available elsewhere in this Act, 

8 $44,000,000 is hereby appropriated to the Department of 

9 Defense: Provided, That upon the determination of the 

10 Secretary of Defense that it shall serve the national inter11 est, he shall make grants in the amounts specified as fol12 lows: $20,000,000 to the United Service Organizations 

13 and $24,000,000 to the Red Cross. 

14 SEC. 8080. None of the funds appropriated or made 

15 available in this Act shall be used to reduce or disestablish 

16 the operation of the 53rd Weather Reconnaissance Squad17 ron of the Air Force Reserve, if such action would reduce 

18 the WC–130 Weather Reconnaissance mission below the 

19 levels funded in this Act: Provided, That the Air Force 

20 shall allow the 53rd Weather Reconnaissance Squadron to 

21 perform other missions in support of national defense re22 quirements during the non-hurricane season. 

23 SEC. 8081. None of the funds provided in this Act 

24 shall be available for integration of foreign intelligence in25 formation unless the information has been lawfully colmstockstill on DSK4VPTVN1PROD with BILLS

101 

•HR 3671 IH

1 lected and processed during the conduct of authorized for2 eign intelligence activities: Provided, That information 

3 pertaining to United States persons shall only be handled 

4 in accordance with protections provided in the Fourth 

5 Amendment of the United States Constitution as imple6 mented through Executive Order No. 12333. 

7 SEC. 8082. (a) At the time members of reserve com8 ponents of the Armed Forces are called or ordered to ac9 tive duty under section 12302(a) of title 10, United States 

10 Code, each member shall be notified in writing of the ex11 pected period during which the member will be mobilized. 

12 (b) The Secretary of Defense may waive the require13 ments of subsection (a) in any case in which the Secretary 

14 determines that it is necessary to do so to respond to a 

15 national security emergency or to meet dire operational 

16 requirements of the Armed Forces. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8083. The Secretary of Defense may transfer 

19 funds from any available Department of the Navy appro20 priation to any available Navy ship construction appro21 priation for the purpose of liquidating necessary changes 

22 resulting from inflation, market fluctuations, or rate ad23 justments for any ship construction program appropriated 

24 in law: Provided, That the Secretary may transfer not to 

25 exceed $100,000,000 under the authority provided by this 

mstockstill on DSK4VPTVN1PROD with BILLS

102 

•HR 3671 IH

1 section: Provided further, That the Secretary may not 

2 transfer any funds until 30 days after the proposed trans3 fer has been reported to the Committees on Appropria4 tions of the House of Representatives and the Senate, un5 less a response from the Committees is received sooner: 

6 Provided further, That any funds transferred pursuant to 

7 this section shall retain the same period of availability as 

8 when originally appropriated: Provided further, That the 

9 transfer authority provided by this section is in addition 

10 to any other transfer authority contained elsewhere in this 

11 Act. 

12 SEC. 8084. For purposes of section 7108 of title 41, 

13 United States Code, any subdivision of appropriations 

14 made under the heading ‘‘Shipbuilding and Conversion, 

15 Navy’’ that is not closed at the time reimbursement is 

16 made shall be available to reimburse the Judgment Fund 

17 and shall be considered for the same purposes as any sub18 division under the heading ‘‘Shipbuilding and Conversion, 

19 Navy’’ appropriations in the current fiscal year or any 

20 prior fiscal year. 

21 SEC. 8085. (a) None of the funds appropriated by 

22 this Act may be used to transfer research and develop23 ment, acquisition, or other program authority relating to 

24 current tactical unmanned aerial vehicles (TUAVs) from 

25 the Army. 

mstockstill on DSK4VPTVN1PROD with BILLS

103 

•HR 3671 IH

1 (b) The Army shall retain responsibility for and oper2 ational control of the MQ–1C Sky Warrior Unmanned 

3 Aerial Vehicle (UAV) in order to support the Secretary 

4 of Defense in matters relating to the employment of un5 manned aerial vehicles. 

6 SEC. 8086. Up to $15,000,000 of the funds appro7 priated under the heading ‘‘Operation and Maintenance, 

8 Navy’’ may be made available for the Asia Pacific Re9 gional Initiative Program for the purpose of enabling the 

10 Pacific Command to execute Theater Security Cooperation 

11 activities such as humanitarian assistance, and payment 

12 of incremental and personnel costs of training and exer13 cising with foreign security forces: Provided, That funds 

14 made available for this purpose may be used, notwith15 standing any other funding authorities for humanitarian 

16 assistance, security assistance or combined exercise ex17 penses: Provided further, That funds may not be obligated 

18 to provide assistance to any foreign country that is other19 wise prohibited from receiving such type of assistance 

20 under any other provision of law. 

21 SEC. 8087. None of the funds appropriated by this 

22 Act for programs of the Office of the Director of National 

23 Intelligence shall remain available for obligation beyond 

24 the current fiscal year, except for funds appropriated for 

mstockstill on DSK4VPTVN1PROD with BILLS

104 

•HR 3671 IH

1 research and technology, which shall remain available until 

2 September 30, 2013. 

3 SEC. 8088. For purposes of section 1553(b) of title 

4 31, United States Code, any subdivision of appropriations 

5 made in this Act under the heading ‘‘Shipbuilding and 

6 Conversion, Navy’’ shall be considered to be for the same 

7 purpose as any subdivision under the heading ‘‘Ship8 building and Conversion, Navy’’ appropriations in any 

9 prior fiscal year, and the 1 percent limitation shall apply 

10 to the total amount of the appropriation. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 8089. During the current fiscal year, not to ex13 ceed $200,000,000 from funds available under ‘‘Operation 

14 and Maintenance, Defense-Wide’’ may be transferred to 

15 the Department of State ‘‘Global Security Contingency 

16 Fund’’: Provided, That this transfer authority is in addi17 tion to any other transfer authority available to the De18 partment of Defense: Provided further, That the Secretary 

19 of Defense shall, not fewer than 30 days prior to making 

20 transfers to the Department of State ‘‘Global Security 

21 Contingency Fund’’, notify the congressional defense com22 mittees in writing with the source of funds and a detailed 

23 justification, execution plan, and timeline for each pro24 posed project. 

mstockstill on DSK4VPTVN1PROD with BILLS

105 

•HR 3671 IH

1 SEC. 8090. The Director of National Intelligence 

2 shall include the budget exhibits identified in paragraphs 

3 (1) and (2) as described in the Department of Defense 

4 Financial Management Regulation with the congressional 

5 budget justification books: 

6 (1) For procurement programs requesting more 

7 than $10,000,000 in any fiscal year, the P–1, Pro8 curement Program; P–5, Cost Analysis; P–5a, Pro9 curement History and Planning; P–21, Production 

10 Schedule; and P–40, Budget Item Justification. 

11 (2) For research, development, test and evalua12 tion projects requesting more than $5,000,000 in 

13 any fiscal year, the R–1, Research, Development, 

14 Test and Evaluation Program; R–2, Research, De15 velopment, Test and Evaluation Budget Item Jus16 tification; R–3, Research, Development, Test and 

17 Evaluation Project Cost Analysis; and R–4, Re18 search, Development, Test and Evaluation Program 

19 Schedule Profile. 

20 SEC. 8091. The amounts appropriated in title II of 

21 this Act are hereby reduced by $515,000,000 to reflect 

22 excess cash balances in Department of Defense Working 

23 Capital Funds, as follows: From ‘‘Operation and Mainte24 nance, Army’’, $515,000,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

106 

•HR 3671 IH

1 SEC. 8092. (a) Not later than 60 days after enact2 ment of this Act, the Office of the Director of National 

3 Intelligence shall submit a report to the congressional in4 telligence committees to establish the baseline for applica5 tion of reprogramming and transfer authorities for fiscal 

6 year 2012: Provided, That the report shall include— 

7 (1) a table for each appropriation with a sepa8 rate column to display the President’s budget re9 quest, adjustments made by Congress, adjustments 

10 due to enacted rescissions, if appropriate, and the 

11 fiscal year enacted level; 

12 (2) a delineation in the table for each appro13 priation by Expenditure Center and project; and 

14 (3) an identification of items of special congres15 sional interest. 

16 (b) None of the funds provided for the National Intel17 ligence Program in this Act shall be available for re18 programming or transfer until the report identified in sub19 section (a) is submitted to the congressional intelligence 

20 committees, unless the Director of National Intelligence 

21 certifies in writing to the congressional intelligence com22 mittees that such reprogramming or transfer is necessary 

23 as an emergency requirement. 

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

25 National Intelligence Program in this or any prior appromstockstill on DSK4VPTVN1PROD with BILLS

107 

•HR 3671 IH

1 priations Act shall be available for obligation or expendi2 ture through a reprogramming or transfer of funds in ac3 cordance with section 102A(d) of the National Security 

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

5 (1) creates a new start effort; 

6 (2) terminates a program with appropriated 

7 funding of $10,000,000 or more; 

8 (3) transfers funding into or out of the Na9 tional Intelligence Program; or 

10 (4) transfers funding between appropriations, 

11 unless the congressional intelligence committees are noti12 fied 30 days in advance of such reprogramming of funds; 

13 this notification period may be reduced for urgent national 

14 security requirements. 

15 (b) None of the funds provided for the National Intel16 ligence Program in this or any prior appropriations Act 

17 shall be available for obligation or expenditure through a 

18 reprogramming or transfer of funds in accordance with 

19 section 102A(d) of the National Security Act of 1947 (50 

20 U.S.C. 403–1(d)) that results in a cumulative increase or 

21 decrease of the levels specified in the classified annex un22 less the congressional intelligence committees are notified 

23 30 days in advance of such reprogramming of funds; this 

24 notification period may be reduced for urgent national se25 curity requirements. 

mstockstill on DSK4VPTVN1PROD with BILLS

108 

•HR 3671 IH

1 SEC. 8094. The Director of National Intelligence 

2 shall submit to Congress each year, at or about the time 

3 that the President’s budget is submitted to Congress that 

4 year under section 1105(a) of title 31, United States 

5 Code, a future-years intelligence program (including asso6 ciated annexes) reflecting the estimated expenditures and 

7 proposed appropriations included in that budget. Any such 

8 future-years intelligence program shall cover the fiscal 

9 year with respect to which the budget is submitted and 

10 at least the four succeeding fiscal years. 

11 SEC. 8095. For the purposes of this Act, the term 

12 ‘‘congressional intelligence committees’’ means the Perma13 nent Select Committee on Intelligence of the House of 

14 Representatives, the Select Committee on Intelligence of 

15 the Senate, the Subcommittee on Defense of the Com16 mittee on Appropriations of the House of Representatives, 

17 and the Subcommittee on Defense of the Committee on 

18 Appropriations of the Senate. 

19 SEC. 8096. The Department of Defense shall con20 tinue to report incremental contingency operations costs 

21 for Operation New Dawn and Operation Enduring Free22 dom on a monthly basis in the Cost of War Execution 

23 Report as prescribed in the Department of Defense Finan24 cial Management Regulation Department of Defense Inmstockstill on DSK4VPTVN1PROD with BILLS

109 

•HR 3671 IH

1 struction 7000.14, Volume 12, Chapter 23 ‘‘Contingency 

2 Operations’’, Annex 1, dated September 2005. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8097. During the current fiscal year, not to ex5 ceed $11,000,000 from each of the appropriations made 

6 in title II of this Act for ‘‘Operation and Maintenance, 

7 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper8 ation and Maintenance, Air Force’’ may be transferred by 

9 the military department concerned to its central fund es10 tablished for Fisher Houses and Suites pursuant to sec11 tion 2493(d) of title 10, United States Code. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8098. Of the funds appropriated in the Intel14 ligence Community Management Account for the Program 

15 Manager for the Information Sharing Environment, 

16 $20,000,000 is available for transfer by the Director of 

17 National Intelligence to other departments and agencies 

18 for purposes of Government-wide information sharing ac19 tivities: Provided, That funds transferred under this provi20 sion are to be merged with and available for the same pur21 poses and time period as the appropriation to which trans22 ferred: Provided further, That the Office of Management 

23 and Budget must approve any transfers made under this 

24 provision. 

mstockstill on DSK4VPTVN1PROD with BILLS

110 

•HR 3671 IH

1 SEC. 8099. Funds appropriated by this Act for oper2 ation and maintenance may be available for the purpose 

3 of making remittances to the Defense Acquisition Work4 force Development Fund in accordance with the require5 ments of section 1705 of title 10, United States Code. 

6 SEC. 8100. (a) Any agency receiving funds made 

7 available in this Act, shall, subject to subsections (b) and 

8 (c), post on the public website of that agency any report 

9 required to be submitted by the Congress in this or any 

10 other Act, upon the determination by the head of the agen11 cy that it shall serve the national interest. 

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

13 (1) the public posting of the report com14 promises national security; or 

15 (2) the report contains proprietary information. 

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

17 do so only after such report has been made available to 

18 the requesting Committee or Committees of Congress for 

19 no less than 45 days. 

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

21 otherwise made available by this Act may be expended for 

22 any Federal contract for an amount in excess of 

23 $1,000,000, unless the contractor agrees not to— 

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

25 employees or independent contractors that requires, 

mstockstill on DSK4VPTVN1PROD with BILLS

111 

•HR 3671 IH

1 as a condition of employment, that the employee or 

2 independent contractor agree to resolve through ar3 bitration any claim under title VII of the Civil 

4 Rights Act of 1964 or any tort related to or arising 

5 out of sexual assault or harassment, including as6 sault and battery, intentional infliction of emotional 

7 distress, false imprisonment, or negligent hiring, su8 pervision, or retention; or 

9 (2) take any action to enforce any provision of 

10 an existing agreement with an employee or inde11 pendent contractor that mandates that the employee 

12 or independent contractor resolve through arbitra13 tion any claim under title VII of the Civil Rights Act 

14 of 1964 or any tort related to or arising out of sex15 ual assault or harassment, including assault and 

16 battery, intentional infliction of emotional distress, 

17 false imprisonment, or negligent hiring, supervision, 

18 or retention. 

19 (b) None of the funds appropriated or otherwise 

20 made available by this Act may be expended for any Fed21 eral contract unless the contractor certifies that it requires 

22 each covered subcontractor to agree not to enter into, and 

23 not to take any action to enforce any provision of, any 

24 agreement as described in paragraphs (1) and (2) of sub25 section (a), with respect to any employee or independent 

mstockstill on DSK4VPTVN1PROD with BILLS

112 

•HR 3671 IH

1 contractor performing work related to such subcontract. 

2 For purposes of this subsection, a ‘‘covered subcon3 tractor’’ is an entity that has a subcontract in excess of 

4 $1,000,000 on a contract subject to subsection (a). 

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

6 respect to a contractor’s or subcontractor’s agreements 

7 with employees or independent contractors that may not 

8 be enforced in a court of the United States. 

9 (d) The Secretary of Defense may waive the applica10 tion of subsection (a) or (b) to a particular contractor or 

11 subcontractor for the purposes of a particular contract or 

12 subcontract if the Secretary or the Deputy Secretary per13 sonally determines that the waiver is necessary to avoid 

14 harm to national security interests of the United States, 

15 and that the term of the contract or subcontract is not 

16 longer than necessary to avoid such harm. The determina17 tion shall set forth with specificity the grounds for the 

18 waiver and for the contract or subcontract term selected, 

19 and shall state any alternatives considered in lieu of a 

20 waiver and the reasons each such alternative would not 

21 avoid harm to national security interests of the United 

22 States. The Secretary of Defense shall transmit to Con23 gress, and simultaneously make public, any determination 

24 under this subsection not less than 15 business days bemstockstill on DSK4VPTVN1PROD with BILLS

113 

•HR 3671 IH

1 fore the contract or subcontract addressed in the deter2 mination may be awarded. 

3 SEC. 8102. (a)(1) No National Intelligence Program 

4 funds appropriated in this Act may be used for a mission 

5 critical or mission essential business management infor6 mation technology system that is not registered with the 

7 Director of National Intelligence. A system shall be con8 sidered to be registered with that officer upon the fur9 nishing notice of the system, together with such informa10 tion concerning the system as the Director of the Business 

11 Transformation Office may prescribe. 

12 (2) During the fiscal year 2012 no funds may be obli13 gated or expended for a financial management automated 

14 information system, a mixed information system sup15 porting financial and non-financial systems, or a business 

16 system improvement of more than $3,000,000, within the 

17 Intelligence Community without the approval of the Busi18 ness Transformation Investment Review Board. 

19 (b) This section shall not apply to any programmatic 

20 or analytic systems or programmatic or analytic system 

21 improvements. 

22 SEC. 8103. None of the funds made available under 

23 this Act may be distributed to the Association of Commu24 nity Organizations for Reform Now (ACORN) or its sub25 sidiaries. 

mstockstill on DSK4VPTVN1PROD with BILLS

114 

•HR 3671 IH

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8104. From within the funds appropriated for 

3 operation and maintenance for the Defense Health Pro4 gram in this Act, up to $135,631,000, shall be available 

5 for transfer to the Joint Department of Defense-Depart6 ment of Veterans Affairs Medical Facility Demonstration 

7 Fund in accordance with the provisions of section 1704 

8 of the National Defense Authorization Act for Fiscal Year 

9 2010, Public Law 111–84: Provided, That for purposes 

10 of section 1704(b), the facility operations funded are oper11 ations of the integrated Captain James A. Lovell Federal 

12 Health Care Center, consisting of the North Chicago Vet13 erans Affairs Medical Center, the Navy Ambulatory Care 

14 Center, and supporting facilities designated as a combined 

15 Federal medical facility as described by section 706 of 

16 Public Law 110–417: Provided further, That additional 

17 funds may be transferred from funds appropriated for op18 eration and maintenance for the Defense Health Program 

19 to the Joint Department of Defense-Department of Vet20 erans Affairs Medical Facility Demonstration Fund upon 

21 written notification by the Secretary of Defense to the 

22 Committees on Appropriations of the House of Represent23 atives and the Senate. 

24 SEC. 8105. Section 310(b) of the Supplemental Ap25 propriations Act, 2009 (Public Law 111–32; 124 Stat. 

mstockstill on DSK4VPTVN1PROD with BILLS

115 

•HR 3671 IH

1 1871), as amended by Public Law 112–10, is amended 

2 by striking ‘‘2 years’’ both places it appears and inserting 

3 ‘‘3 years’’. 

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

5 Intelligence shall not employ more Senior Executive em6 ployees than are specified in the classified annex: Pro7 vided, That not later than 90 days after the enactment 

8 of this Act, the Director of National Intelligence shall sub9 mit to the congressional intelligence committees the Office 

10 of the Director of National Intelligence strategic human 

11 capital plan and the Office of Director of National Intel12 ligence current and future grade structure, to include Gen13 eral Schedule 15 positions. 

14 SEC. 8107. None of the funds appropriated or other15 wise made available by this Act may be obligated or ex16 pended to pay a retired general or flag officer to serve 

17 as a senior mentor advising the Department of Defense 

18 unless such retired officer files a Standard Form 278 (or 

19 successor form concerning public financial disclosure 

20 under part 2634 of title 5, Code of Federal Regulations) 

21 to the Office of Government Ethics. 

22 SEC. 8108. Appropriations available to the Depart23 ment of Defense may be used for the purchase of heavy 

24 and light armored vehicles for the physical security of per25 sonnel or for force protection purposes up to a limit of 

mstockstill on DSK4VPTVN1PROD with BILLS

116 

•HR 3671 IH

1 $250,000 per vehicle, notwithstanding price or other limi2 tations applicable to the purchase of passenger carrying 

3 vehicles. 

4 SEC. 8109. The Inspector General of the Department 

5 of Defense shall conduct a review of Anti-deficiency Act 

6 violations and their causes in the Department of Defense 

7 Military Personnel accounts. Based on the findings of the 

8 review, the Inspector General shall submit to the congres9 sional defense committees a report containing the results 

10 of the review and recommendations for corrective actions 

11 to be implemented. 

12 SEC. 8110. Of the amounts appropriated for ‘‘Oper13 ation and Maintenance, Defense-Wide’’, $33,000,000 shall 

14 be available to the Secretary of Defense, notwithstanding 

15 any other provision of law, acting through the Office of 

16 Economic Adjustment of the Department of Defense, to 

17 make grants, conclude cooperative agreements, and sup18 plement other Federal funds, to remain available until ex19 pended, to assist the civilian population of Guam in re20 sponse to the military buildup of Guam, to include ad21 dressing the need for vehicles and supplies for civilian stu22 dent transportation, preservation and repository of arti23 facts unearthed during military construction, and con24 struction of a mental health and substance abuse facility: 

25 Provided, That the Secretary of Defense shall, not fewer 

mstockstill on DSK4VPTVN1PROD with BILLS

117 

•HR 3671 IH

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

2 notify the congressional defense committees in writing of 

3 the details of any such obligation. 

4 SEC. 8111. None of the funds made available by this 

5 Act may be used by the Secretary of Defense to take bene6 ficial occupancy of more than 2,000 parking spaces (other 

7 than handicap-reserved spaces) to be provided by the 

8 BRAC 133 project: Provided, That this limitation may be 

9 waived in part if: (1) the Secretary of Defense certifies 

10 to Congress that levels of service at existing intersections 

11 in the vicinity of the project have not experienced failing 

12 levels of service as defined by the Transportation Research 

13 Board Highway Capacity Manual over a consecutive 90- 

14 day period; (2) the Department of Defense and the Vir15 ginia Department of Transportation agree on the number 

16 of additional parking spaces that may be made available 

17 to employees of the facility subject to continued 90-day 

18 traffic monitoring; and (3) the Secretary of Defense noti19 fies the congressional defense committees in writing at 

20 least 14 days prior to exercising this waiver of the number 

21 of additional parking spaces to be made available: Pro22 vided further, That the Secretary of Defense shall imple23 ment the Department of Defense Inspector General rec24 ommendations outlined in report number DODIG–2012– 

25 024, and certify to Congress not later than 180 days after 

mstockstill on DSK4VPTVN1PROD with BILLS

118 

•HR 3671 IH

1 enactment of this Act that the recommendations have been 

2 implemented. 

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

4 title for Operation and Maintenance may be available for 

5 obligation or expenditure to relocate Air Force program 

6 offices, or acquisition management functions of major 

7 weapons systems, to a central location, or to any location 

8 other than the Air Force Material Command site where 

9 they are currently located until 30 days after the Sec10 retary of the Air Force submits the initial report under 

11 subsection (b). 

12 (b) The Secretary of the Air Force shall submit to 

13 the congressional defense committees a report which in14 cludes the following: a listing of all Air Force Material 

15 Command functions to be transferred and an identifica16 tion of the locations where these functions will be trans17 ferred from and to; a listing of all Air Force Material 

18 Command personnel positions to be transferred and an 

19 identification of the locations these positions will be trans20 ferred from and to; and the cost benefit analysis and the 

21 life-cycle cost analysis underpinning the Secretary of the 

22 Air Force’s decision to relocate Air Force Material Com23 mand functions and personnel. 

24 SEC. 8113. Not later than 120 days after the date 

25 of the enactment of this Act, the Secretary of Defense 

mstockstill on DSK4VPTVN1PROD with BILLS

119 

•HR 3671 IH

1 shall resume quarterly reporting of the numbers of civilian 

2 personnel end strength by appropriation account for each 

3 and every appropriation account used to finance Federal 

4 civilian personnel salaries to the congressional defense 

5 committees within 15 days after the end of each fiscal 

6 quarter. 

7 SEC. 8114. In addition to amounts provided else8 where in this Act, $10,000,000 is hereby appropriated, for 

9 an additional amount for ‘‘Research, Development, Test 

10 and Evaluation, Army’’, to remain available until Sep11 tember 30, 2013. Such funds may be available for the Sec12 retary of the Army to conduct research on alternative en13 ergy resources for deployed forces. 

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

15 report to the Congressional Defense Committees the feasi16 bility of using commercially available telecommunications 

17 expense management solutions across the Department of 

18 Defense by March 1, 2012. 

19 SEC. 8116. None of the funds appropriated in this 

20 or any other Act may be used to plan, prepare for, or oth21 erwise take any action to undertake or implement the sep22 aration of the National Intelligence Program budget from 

23 the Department of Defense budget. 

mstockstill on DSK4VPTVN1PROD with BILLS

120 

•HR 3671 IH

1 (INCLUDING TRANSFER OF FUNDS)

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

3 National Intelligence that such action is necessary and in 

4 the national interest, the Director may, with the approval 

5 of the Office of Management and Budget, transfer not to 

6 exceed $2,000,000,000 of the funds made available in this 

7 Act for the National Intelligence Program: Provided, That 

8 such authority to transfer may not be used unless for 

9 higher priority items, based on unforeseen intelligence re10 quirements, than those for which originally appropriated 

11 and in no case where the item for which funds are re12 quested has been denied by the Congress: Provided further, 

13 That a request for multiple reprogrammings of funds 

14 using authority provided in this section shall be made 

15 prior to June 30, 2012. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8118. In addition to amounts provided else18 where in this Act, there is appropriated $250,000,000, for 

19 an additional amount for ‘‘Operation and Maintenance, 

20 Defense-Wide’’, to be available until expended: Provided, 

21 That such funds shall only be available to the Secretary 

22 of Defense, acting through the Office of Economic Adjust23 ment of the Department of Defense, or for transfer to the 

24 Secretary of Education, notwithstanding any other provi25 sion of law, to make grants, conclude cooperative agreemstockstill on DSK4VPTVN1PROD with BILLS

121 

•HR 3671 IH

1 ments, or supplement other Federal funds to construct, 

2 renovate, repair, or expand elementary and secondary pub3 lic schools on military installations in order to address ca4 pacity or facility condition deficiencies at such schools: 

5 Provided further, That in making such funds available, the 

6 Office of Economic Adjustment or the Secretary of Edu7 cation shall give priority consideration to those military 

8 installations with schools having the most serious capacity 

9 or facility condition deficiencies as determined by the Sec10 retary of Defense. 

11 SEC. 8119. None of the funds appropriated or other12 wise made available in this or any other Act may be used 

13 to transfer, release, or assist in the transfer or release to 

14 or within the United States, its territories, or possessions 

15 Khalid Sheikh Mohammed or any other detainee who— 

16 (1) is not a United States citizen or a member 

17 of the Armed Forces of the United States; and 

18 (2) is or was held on or after June 24, 2009, 

19 at the United States Naval Station, Guantanamo 

20 Bay, Cuba, by the Department of Defense. 

21 SEC. 8120. (a)(1) Except as provided in paragraph 

22 (2) and subsection (d), none of the funds appropriated or 

23 otherwise made available in this or any other Act may be 

24 used to transfer any individual detained at Guantanamo 

25 to the custody or control of the individual’s country of orimstockstill on DSK4VPTVN1PROD with BILLS

122 

•HR 3671 IH

1 gin, any other foreign country, or any other foreign entity 

2 unless the Secretary of Defense submits to Congress the 

3 certification described in subsection (b) not later than 30 

4 days before the transfer of the individual. 

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

6 by the Secretary to transfer any individual detained at 

7 Guantanamo to effectuate— 

8 (A) an order affecting the disposition of the in9 dividual that is issued by a court or competent tri10 bunal of the United States having lawful jurisdiction 

11 (which the Secretary shall notify Congress of 

12 promptly after issuance); or 

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

14 commission case prior to the date of the enactment 

15 of this Act. 

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

17 written certification made by the Secretary of Defense, 

18 with the concurrence of the Secretary of State and in con19 sultation with the Director of National Intelligence, that— 

20 (1) the government of the foreign country or 

21 the recognized leadership of the foreign entity to 

22 which the individual detained at Guantanamo is to 

23 be transferred— 

mstockstill on DSK4VPTVN1PROD with BILLS

123 

•HR 3671 IH

1 (A) is not a designated state sponsor of 

2 terrorism or a designated foreign terrorist orga3 nization; 

4 (B) maintains control over each detention 

5 facility in which the individual is to be detained 

6 if the individual is to be housed in a detention 

7 facility; 

8 (C) is not, as of the date of the certifi9 cation, facing a threat that is likely to substan10 tially affect its ability to exercise control over 

11 the individual; 

12 (D) has taken or agreed to take effective 

13 actions to ensure that the individual cannot 

14 take action to threaten the United States, its 

15 citizens, or its allies in the future; 

16 (E) has taken or agreed to take such ac17 tions as the Secretary of Defense determines 

18 are necessary to ensure that the individual can19 not engage or reengage in any terrorist activity; 

20 and 

21 (F) has agreed to share with the United 

22 States any information that— 

23 (i) is related to the individual or any 

24 associates of the individual; and 

mstockstill on DSK4VPTVN1PROD with BILLS

124 

•HR 3671 IH

1 (ii) could affect the security of the 

2 United States, its citizens, or its allies; and 

3 (2) includes an assessment, in classified or un4 classified form, of the capacity, willingness, and past 

5 practices (if applicable) of the foreign country or en6 tity in relation to the Secretary’s certifications. 

7 (c)(1) Except as provided in paragraph (2) and sub8 section (d), none of the funds appropriated or otherwise 

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

10 transfer any individual detained at Guantanamo to the 

11 custody or control of the individual’s country of origin, any 

12 other foreign country, or any other foreign entity if there 

13 is a confirmed case of any individual who was detained 

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

15 at any time after September 11, 2001, who was trans16 ferred to such foreign country or entity and subsequently 

17 engaged in any terrorist activity. 

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

19 by the Secretary to transfer any individual detained at 

20 Guantanamo to effectuate— 

21 (A) an order affecting the disposition of the in22 dividual that is issued by a court or competent tri23 bunal of the United States having lawful jurisdiction 

24 (which the Secretary shall notify Congress of 

25 promptly after issuance); or 

mstockstill on DSK4VPTVN1PROD with BILLS

125 

•HR 3671 IH

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

2 commission case prior to the date of the enactment 

3 of this Act. 

4 (d)(1) The Secretary of Defense may waive the appli5 cability to a detainee transfer of a certification require6 ment specified in subparagraph (D) or (E) of subsection 

7 (b)(1) or the prohibition in subsection (c), if the Secretary 

8 certifies the rest of the criteria required by subsection (b) 

9 for transfers prohibited by (c) and, with the concurrence 

10 of the Secretary of State and in consultation with the Di11 rector of National Intelligence, determines that— 

12 (A) alternative actions will be taken to address 

13 the underlying purpose of the requirement or re14 quirements to be waived; 

15 (B) in the case of a waiver of subparagraph (D) 

16 or (E) of subsection (b)(1), it is not possible to cer17 tify that the risks addressed in the paragraph to be 

18 waived have been completely eliminated, but the ac19 tions to be taken under subparagraph (A) will sub20 stantially mitigate such risks with regard to the indi21 vidual to be transferred; 

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

23 Secretary has considered any confirmed case in 

24 which an individual who was transferred to the 

25 country subsequently engaged in terrorist activity, 

mstockstill on DSK4VPTVN1PROD with BILLS

126 

•HR 3671 IH

1 and the actions to be taken under subparagraph (A) 

2 will substantially mitigate the risk of recidivism with 

3 regard to the individual to be transferred; and 

4 (D) the transfer is in the national security in5 terests of the United States. 

6 (2) Whenever the Secretary makes a determination 

7 under paragraph (1), the Secretary shall submit to the ap8 propriate committees of Congress, not later than 30 days 

9 before the transfer of the individual concerned, the fol10 lowing: 

11 (A) A copy of the determination and the waiver 

12 concerned. 

13 (B) A statement of the basis for the determina14 tion, including— 

15 (i) an explanation why the transfer is in 

16 the national security interests of the United 

17 States; and 

18 (ii) in the case of a waiver of subparagraph 

19 (D) or (E) of subsection (b)(1), an explanation 

20 why it is not possible to certify that the risks 

21 addressed in the subparagraph to be waived 

22 have been completely eliminated. 

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

24 taken to address the underlying purpose of, and to 

mstockstill on DSK4VPTVN1PROD with BILLS

127 

•HR 3671 IH

1 mitigate the risks addressed in, the subparagraph or 

2 subsection to be waived. 

3 (D) The assessment required by subsection 

4 (b)(2). 

5 (e) In this section: 

6 (1) The term ‘‘appropriate committees of Con7 gress’’ means— 

8 (A) the Committee on Armed Services, the 

9 Committee on Appropriations, and the Select 

10 Committee on Intelligence of the Senate; and 

11 (B) the Committee on Armed Services, the 

12 Committee on Appropriations, and the Perma13 nent Select Committee on Intelligence of the 

14 House of Representatives. 

15 (2) The term ‘‘individual detained at Guanta16 namo’’ means any individual located at United 

17 States Naval Station, Guantanamo Bay, Cuba, as of 

18 October 1, 2009, who— 

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

20 a member of the Armed Forces of the United 

21 States; and 

22 (B) is— 

23 (i) in the custody or under the control 

24 of the Department of Defense; or 

mstockstill on DSK4VPTVN1PROD with BILLS

128 

•HR 3671 IH

1 (ii) otherwise under detention at 

2 United States Naval Station, Guantanamo 

3 Bay, Cuba. 

4 (3) The term ‘‘foreign terrorist organization’’ 

5 means any organization so designated by the Sec6 retary of State under section 219 of the Immigra7 tion and Nationality Act (8 U.S.C. 1189). 

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

9 otherwise made available in this or any other Act may be 

10 used to construct, acquire, or modify any facility in the 

11 United States, its territories, or possessions to house any 

12 individual described in subsection (c) for the purposes of 

13 detention or imprisonment in the custody or under the ef14 fective control of the Department of Defense. 

15 (b) The prohibition in subsection (a) shall not apply 

16 to any modification of facilities at United States Naval 

17 Station, Guantanamo Bay, Cuba. 

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

19 individual who, as of June 24, 2009, is located at United 

20 States Naval Station, Guantanamo Bay, Cuba, and who— 

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

22 member of the Armed Forces of the United States; 

23 and 

24 (2) is— 

mstockstill on DSK4VPTVN1PROD with BILLS

129 

•HR 3671 IH

1 (A) in the custody or under the effective 

2 control of the Department of Defense; or 

3 (B) otherwise under detention at United 

4 States Naval Station, Guantanamo Bay, Cuba. 

5 SEC. 8122. Of the funds made available to the De6 partment of Defense under ‘‘Operation and Maintenance, 

7 Defense-Wide’’ in title II, $1,000,000 may be available to 

8 the Department to competitively commission an inde9 pendent assessment of the current and prospective situa10 tion on the ground in Afghanistan and Pakistan, including 

11 the strategic environment in and around Afghanistan and 

12 Pakistan; the security, political, and economic and recon13 struction developments in those two countries; and rel14 evant policy recommendations relating thereto. 

15 SEC. 8123. Not later than 90 days after the date of 

16 the enactment of this Act, the Secretary of Defense shall 

17 submit to the congressional defense committees a report 

18 on the approximately $100,000,000,000 in efficiency sav19 ings identified by the military departments in the defense 

20 budget covering fiscal years 2012 through 2016 that are 

21 to be reinvested in the priorities of the military depart22 ments. Such report shall include an analysis of— 

23 (1) each savings identified by the military de24 partments, including— 

mstockstill on DSK4VPTVN1PROD with BILLS

130 

•HR 3671 IH

1 (A) the budget account from which such 

2 savings will be derived; 

3 (B) the number of military personnel and 

4 full-time civilian employees of the Federal Gov5 ernment affected by such savings; 

6 (C) the estimated reductions in the number 

7 and funding of contractor personnel caused by 

8 such savings; and 

9 (D) a specific description of activities or 

10 services that will be affected by such savings, 

11 including the locations of such activities or serv12 ices; and 

13 (2) each reinvestment planned to be funded 

14 with such savings, including— 

15 (A) with respect to such reinvestment in 

16 procurement and research, development, test 

17 and evaluation accounts, the budget account to 

18 which such savings will be reinvested, including, 

19 by line item, the number of items to be pro20 cured, as shown in annual P–1 and R–1 docu21 ments; 

22 (B) with respect to such reinvestment in 

23 military personnel and operation and mainte24 nance accounts, the budget account and the 

25 subactivity (as shown in annual–1 and O–1 

mstockstill on DSK4VPTVN1PROD with BILLS

131 

•HR 3671 IH

1 budget documents) to which such savings will 

2 be reinvested; 

3 (C) the number of military personnel and 

4 full-time civilian employees of the Federal Gov5 ernment affected by such reinvestment; 

6 (D) the estimated number and funding of 

7 contractor personnel affected by such reinvest8 ment; and 

9 (E) a specific description of activities or 

10 services that will be affected by such reinvest11 ment, including the locations of such activities 

12 or services. 

13 SEC. 8124. None of the funds made available by this 

14 Act may be used to enter into a contract, memorandum 

15 of understanding, or cooperative agreement with, make a 

16 grant to, or provide a loan or loan guarantee to, any cor17 poration that any unpaid Federal tax liability that has 

18 been assessed, for which all judicial and administrative 

19 remedies have been exhausted or have lapsed, and that 

20 is not being paid in a timely manner pursuant to an agree21 ment with the authority responsible for collecting the tax 

22 liability, where the awarding agency is aware of the unpaid 

23 tax liability, unless the agency has considered suspension 

24 or debarment of the corporation and made a determination 

mstockstill on DSK4VPTVN1PROD with BILLS

132 

•HR 3671 IH

1 that this further action is not necessary to protect the in2 terests of the Government. 

3 SEC. 8125. None of the funds made available by this 

4 Act may be used to enter into a contract, memorandum 

5 of understanding, or cooperative agreement with, make a 

6 grant to, or provide a loan or loan guarantee to, any cor7 poration that was convicted of a felony criminal violation 

8 under any Federal law within the preceding 24 months, 

9 where the awarding agency is aware of the conviction, un10 less the agency has considered suspension or debarment 

11 of the corporation and made a determination that this fur12 ther action is not necessary to protect the interests of the 

13 Government. 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 8126. There is hereby established in the Treas16 ury of the United States the ‘‘Military Intelligence Pro17 gram Transfer Fund’’. In addition to amounts provided 

18 elsewhere in this Act, there is appropriated $310,758,000 

19 for the ‘‘Military Intelligence Program Transfer Fund’’: 

20 Provided, That of the funds made available in this section, 

21 the Secretary of Defense may transfer these funds only 

22 to ‘‘Operation and Maintenance, Defense-Wide’’ or ‘‘Re23 search, Development, Test and Evaluation, Defense24 Wide’’ and only for the purposes described in the classified 

25 annex accompanying this Act: Provided further, That the 

mstockstill on DSK4VPTVN1PROD with BILLS

133 

•HR 3671 IH

1 Secretary shall notify the congressional defense commit2 tees in writing of the details of any such transfer not fewer 

3 than 15 days prior to making such transfers: Provided fur4 ther, That funds transferred shall be merged with and be 

5 available for the same purposes and for the same time pe6 riod as the appropriations to which the funds are trans7 ferred: Provided further, That this transfer authority is in 

8 addition to any other transfer authority provided in this 

9 Act. 

10 SEC. 8127. None of the funds made available by this 

11 Act may be used in contravention of section 1590 or 1591 

12 of title 18, United States Code, or in contravention of the 

13 requirements of section 106(g) or (h) of the Trafficking 

14 Victims Protection Act of 2000 (22 U.S.C. 7104(g) or 

15 (h)). 

16 SEC. 8128. None of the funds made available by this 

17 Act for international military education and training, for18 eign military financing, excess defense articles, assistance 

19 under section 1206 of the National Defense Authorization 

20 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

21 3456), issuance for direct commercial sales of military 

22 equipment, or peacekeeping operations for the countries 

23 of Chad, Yemen, Somalia, Sudan, Democratic Republic of 

24 the Congo, and Burma may be used to support any mili25 tary training or operations that include child soldiers, as 

mstockstill on DSK4VPTVN1PROD with BILLS

134 

•HR 3671 IH

1 defined by the Child Soldiers Prevention Act of 2008, and 

2 except if such assistance is otherwise permitted under sec3 tion 404 of the Child Soldiers Prevention Act of 2008 

4 (Public Law 110–457; 22 U.S.C. 2370c–1). 

5 SEC. 8129. None of the funds made available by this 

6 Act may be used in contravention of the War Powers Res7 olution (50 U.S.C. 1541 et seq.). 

mstockstill on DSK4VPTVN1PROD with BILLS

135 

•HR 3671 IH

1 TITLE IX 

2 OVERSEAS CONTINGENCY OPERATIONS 

3 MILITARY PERSONNEL 

4 MILITARY PERSONNEL, ARMY

5 For an additional amount for ‘‘Military Personnel, 

6 Army’’, $7,195,335,000: Provided, That such amounts in 

7 this paragraph are designated by the Congress for Over8 seas Contingency Operations/Global War on Terrorism 

9 pursuant to section 251(b)(2)(A) of the Balanced Budget 

10 and Emergency Deficit Control Act of 1985. 

11 MILITARY PERSONNEL, NAVY

12 For an additional amount for ‘‘Military Personnel, 

13 Navy’’, $1,259,234,000: Provided, That such amounts in 

14 this paragraph are designated by the Congress for Over15 seas Contingency Operations/Global War on Terrorism 

16 pursuant to section 251(b)(2)(A) of the Balanced Budget 

17 and Emergency Deficit Control Act of 1985. 

18 MILITARY PERSONNEL, MARINE CORPS

19 For an additional amount for ‘‘Military Personnel, 

20 Marine Corps’’, $714,360,000: Provided, That such 

21 amounts in this paragraph are designated by the Congress 

22 for Overseas Contingency Operations/Global War on Ter23 rorism pursuant to section 251(b)(2)(A) of the Balanced 

24 Budget and Emergency Deficit Control Act of 1985. 

mstockstill on DSK4VPTVN1PROD with BILLS

136 

•HR 3671 IH

1 MILITARY PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘Military Personnel, 

3 Air Force’’, $1,492,381,000: Provided, That such 

4 amounts in this paragraph are designated by the Congress 

5 for Overseas Contingency Operations/Global War on Ter6 rorism pursuant to section 251(b)(2)(A) of the Balanced 

7 Budget and Emergency Deficit Control Act of 1985. 

8 RESERVE PERSONNEL, ARMY

9 For an additional amount for ‘‘Reserve Personnel, 

10 Army’’, $207,162,000: Provided, That such amounts in 

11 this paragraph are designated by the Congress for Over12 seas Contingency Operations/Global War on Terrorism 

13 pursuant to section 251(b)(2)(A) of the Balanced Budget 

14 and Emergency Deficit Control Act of 1985. 

15 RESERVE PERSONNEL, NAVY

16 For an additional amount for ‘‘Reserve Personnel, 

17 Navy’’, $44,530,000: Provided, That such amounts in this 

18 paragraph are designated by the Congress for Overseas 

19 Contingency Operations/Global War on Terrorism pursu20 ant to section 251(b)(2)(A) of the Balanced Budget and 

21 Emergency Deficit Control Act of 1985. 

22 RESERVE PERSONNEL, MARINE CORPS

23 For an additional amount for ‘‘Reserve Personnel, 

24 Marine Corps’’, $25,421,000: Provided, That such 

25 amounts in this paragraph are designated by the Congress 

mstockstill on DSK4VPTVN1PROD with BILLS

137 

•HR 3671 IH

1 for Overseas Contingency Operations/Global War on Ter2 rorism pursuant to section 251(b)(2)(A) of the Balanced 

3 Budget and Emergency Deficit Control Act of 1985. 

4 RESERVE PERSONNEL, AIR FORCE

5 For an additional amount for ‘‘Reserve Personnel, 

6 Air Force’’ $26,815,000: Provided, That such amounts in 

7 this paragraph are designated by the Congress for Over8 seas Contingency Operations/Global War on Terrorism 

9 pursuant to section 251(b)(2)(A) of the Balanced Budget 

10 and Emergency Deficit Control Act of 1985. 

11 NATIONAL GUARD PERSONNEL, ARMY

12 For an additional amount for ‘‘National Guard Per13 sonnel, Army’’, $664,579,000: Provided, That such 

14 amounts in this paragraph are designated by the Congress 

15 for Overseas Contingency Operations/Global War on Ter16 rorism pursuant to section 251(b)(2)(A) of the Balanced 

17 Budget and Emergency Deficit Control Act of 1985. 

18 NATIONAL GUARD PERSONNEL, AIR FORCE

19 For an additional amount for ‘‘National Guard Per20 sonnel, Air Force’’, $9,435,000: Provided, That such 

21 amounts in this paragraph are designated by the Congress 

22 for Overseas Contingency Operations/Global War on Ter23 rorism pursuant to section 251(b)(2)(A) of the Balanced 

24 Budget and Emergency Deficit Control Act of 1985. 

mstockstill on DSK4VPTVN1PROD with BILLS

138 

•HR 3671 IH

1 OPERATION AND MAINTENANCE 

2 OPERATION AND MAINTENANCE, ARMY

3 For an additional amount for ‘‘Operation and Main4 tenance, Army’’, $44,794,156,000: Provided, That such 

5 amounts in this paragraph are designated by the Congress 

6 for Overseas Contingency Operations/Global War on Ter7 rorism pursuant to section 251(b)(2)(A) of the Balanced 

8 Budget and Emergency Deficit Control Act of 1985. 

9 OPERATION AND MAINTENANCE, NAVY

10 For an additional amount for ‘‘Operation and Main11 tenance, Navy’’, $7,674,026,000: Provided, That such 

12 amounts in this paragraph are designated by the Congress 

13 for Overseas Contingency Operations/Global War on Ter14 rorism pursuant to section 251(b)(2)(A) of the Balanced 

15 Budget and Emergency Deficit Control Act of 1985. 

16 OPERATION AND MAINTENANCE, MARINE CORPS

17 For an additional amount for ‘‘Operation and Main18 tenance, Marine Corps’’, $3,935,210,000: Provided, That 

19 such amounts in this paragraph are designated by the 

20 Congress for Overseas Contingency Operations/Global 

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

22 Balanced Budget and Emergency Deficit Control Act of 

23 1985. 

mstockstill on DSK4VPTVN1PROD with BILLS

139 

•HR 3671 IH

1 OPERATION AND MAINTENANCE, AIR FORCE

2 For an additional amount for ‘‘Operation and Main3 tenance, Air Force’’, $10,879,347,000: Provided, That 

4 such amounts in this paragraph are designated by the 

5 Congress for Overseas Contingency Operations/Global 

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

7 Balanced Budget and Emergency Deficit Control Act of 

8 1985. 

9 OPERATION AND MAINTENANCE, DEFENSE-WIDE

10 For an additional amount for ‘‘Operation and Main11 tenance, Defense-Wide’’, $9,252,211,000: Provided, That 

12 each amount in this section is designated by the Congress 

13 for Overseas Contingency Operations/Global War on Ter14 rorism pursuant to section 251(b)(2)(A) of the Balanced 

15 Budget and Emergency Deficit Control Act of 1985: Pro16 vided further, That of the funds provided under this head17 ing: Not to exceed $1,690,000,000, to remain available 

18 until September 30, 2013, for payments to reimburse key 

19 cooperating nations for logistical, military, and other sup20 port, including access, provided to United States military 

21 operations in support of Operation Enduring Freedom, 

22 Operation New Dawn, and post-operation Iraq border se23 curity related to the activities of the Office of Security 

24 Cooperation in Iraq, notwithstanding any other provision 

25 of law: Provided further, That such reimbursement paymstockstill on DSK4VPTVN1PROD with BILLS

140 

•HR 3671 IH

1 ments may be made in such amounts as the Secretary of 

2 Defense, with the concurrence of the Secretary of State, 

3 and in consultation with the Director of the Office of Man4 agement and Budget, may determine, in his discretion, 

5 based on documentation determined by the Secretary of 

6 Defense to adequately account for the support provided, 

7 and such determination is final and conclusive upon the 

8 accounting officers of the United States, and 15 days fol9 lowing notification to the appropriate congressional com10 mittees: Provided further, That the requirement to provide 

11 notification shall not apply with respect to a reimburse12 ment for access based on an international agreement: Pro13 vided further, That these funds may be used for the pur14 pose of providing specialized training and procuring sup15 plies and specialized equipment and providing such sup16 plies and loaning such equipment on a non-reimbursable 

17 basis to coalition forces supporting United States military 

18 operations in Afghanistan, and 15 days following notifica19 tion to the appropriate congressional committees: Provided 

20 further, That the Secretary of Defense shall provide quar21 terly reports to the congressional defense committees on 

22 the use of funds provided in this paragraph. 

23 OPERATION AND MAINTENANCE, ARMY RESERVE

24 For an additional amount for ‘‘Operation and Main25 tenance, Army Reserve’’, $217,500,000: Provided, That 

mstockstill on DSK4VPTVN1PROD with BILLS

141 

•HR 3671 IH

1 such amounts in this paragraph are designated by the 

2 Congress for Overseas Contingency Operations/Global 

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

4 Balanced Budget and Emergency Deficit Control Act of 

5 1985. 

6 OPERATION AND MAINTENANCE, NAVY RESERVE

7 For an additional amount for ‘‘Operation and Main8 tenance, Navy Reserve’’, $74,148,000: Provided, That 

9 such amounts in this paragraph are designated by the 

10 Congress for Overseas Contingency Operations/Global 

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

12 Balanced Budget and Emergency Deficit Control Act of 

13 1985. 

14 OPERATION AND MAINTENANCE, MARINE CORPS

15 RESERVE

16 For an additional amount for ‘‘Operation and Main17 tenance, Marine Corps Reserve’’, $36,084,000: Provided, 

18 That such amounts in this paragraph are designated by 

19 the Congress for Overseas Contingency Operations/Global 

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

21 Balanced Budget and Emergency Deficit Control Act of 

22 1985. 

23 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

24 For an additional amount for ‘‘Operation and Main25 tenance, Air Force Reserve’’, $142,050,000: Provided, 

mstockstill on DSK4VPTVN1PROD with BILLS

142 

•HR 3671 IH

1 That such amounts in this paragraph are designated by 

2 the Congress for Overseas Contingency Operations/Global 

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

4 Balanced Budget and Emergency Deficit Control Act of 

5 1985. 

6 OPERATION AND MAINTENANCE, ARMY NATIONAL

7 GUARD

8 For an additional amount for ‘‘Operation and Main9 tenance, Army National Guard’’, $377,544,000: Provided, 

10 That such amounts in this paragraph are designated by 

11 the Congress for Overseas Contingency Operations/Global 

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

13 Balanced Budget and Emergency Deficit Control Act of 

14 1985. 

15 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

16 For an additional amount for ‘‘Operation and Main17 tenance, Air National Guard’’, $34,050,000: Provided, 

18 That such amounts in this paragraph are designated by 

19 the Congress for Overseas Contingency Operations/Global 

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

21 Balanced Budget and Emergency Deficit Control Act of 

22 1985. 

mstockstill on DSK4VPTVN1PROD with BILLS

143 

•HR 3671 IH

1 AFGHANISTAN INFRASTRUCTURE FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For the ‘‘Afghanistan Infrastructure Fund’’, 

4 $400,000,000, to remain available until September 30, 

5 2013: Provided, That such sums shall be available for in6 frastructure projects in Afghanistan, notwithstanding any 

7 other provision of law, which shall be undertaken by the 

8 Secretary of State, unless the Secretary of State and the 

9 Secretary of Defense jointly decide that a specific project 

10 will be undertaken by the Department of Defense: Pro11 vided further, That the infrastructure referred to in the 

12 preceding proviso is in support of the counterinsurgency 

13 strategy, requiring funding for facility and infrastructure 

14 projects, including, but not limited to, water, power, and 

15 transportation projects and related maintenance and 

16 sustainment costs: Provided further, That the authority to 

17 undertake such infrastructure projects is in addition to 

18 any other authority to provide assistance to foreign na19 tions: Provided further, That any projects funded by this 

20 appropriation shall be jointly formulated and concurred in 

21 by the Secretary of State and Secretary of Defense: Pro22 vided further, That funds may be transferred to the De23 partment of State for purposes of undertaking projects, 

24 which funds shall be considered to be economic assistance 

25 under the Foreign Assistance Act of 1961 for purposes 

mstockstill on DSK4VPTVN1PROD with BILLS

144 

•HR 3671 IH

1 of making available the administrative authorities con2 tained in that Act: Provided further, That the transfer au3 thority in the preceding proviso is in addition to any other 

4 authority available to the Department of Defense to trans5 fer funds: Provided further, That any unexpended funds 

6 transferred to the Secretary of State under this authority 

7 shall be returned to the Afghanistan Infrastructure Fund 

8 if the Secretary of State, in coordination with the Sec9 retary of Defense, determines that the project cannot be 

10 implemented for any reason, or that the project no longer 

11 supports the counterinsurgency strategy in Afghanistan: 

12 Provided further, That any funds returned to the Sec13 retary of Defense under the previous proviso shall be avail14 able for use under this appropriation and shall be treated 

15 in the same manner as funds not transferred to the Sec16 retary of State: Provided further, That contributions of 

17 funds for the purposes provided herein to the Secretary 

18 of State in accordance with section 635(d) of the Foreign 

19 Assistance Act from any person, foreign government, or 

20 international organization may be credited to this Fund, 

21 to remain available until expended, and used for such pur22 poses: Provided further, That the Secretary of Defense 

23 shall, not fewer than 15 days prior to making transfers 

24 to or from, or obligations from the Fund, notify the appro25 priate committees of Congress in writing of the details of 

mstockstill on DSK4VPTVN1PROD with BILLS

145 

•HR 3671 IH

1 any such transfer: Provided further, That the ‘‘appropriate 

2 committees of Congress’’ are the Committees on Armed 

3 Services, Foreign Relations and Appropriations of the 

4 Senate and the Committees on Armed Services, Foreign 

5 Affairs and Appropriations of the House of Representa6 tives: Provided further, That such amounts in this para7 graph are designated by the Congress for Overseas Con8 tingency Operations/Global War on Terrorism pursuant to 

9 section 251(b)(2)(A) of the Balanced Budget and Emer10 gency Deficit Control Act of 1985. 

11 AFGHANISTAN SECURITY FORCES FUND

12 For the ‘‘Afghanistan Security Forces Fund’’, 

13 $11,200,000,000, to remain available until September 30, 

14 2013: Provided, That such funds shall be available to the 

15 Secretary of Defense, notwithstanding any other provision 

16 of law, for the purpose of allowing the Commander, Com17 bined Security Transition Command—Afghanistan, or the 

18 Secretary’s designee, to provide assistance, with the con19 currence of the Secretary of State, to the security forces 

20 of Afghanistan, including the provision of equipment, sup21 plies, services, training, facility and infrastructure repair, 

22 renovation, and construction, and funding: Provided fur23 ther, That the authority to provide assistance under this 

24 heading is in addition to any other authority to provide 

25 assistance to foreign nations: Provided further, That conmstockstill on DSK4VPTVN1PROD with BILLS

146 

•HR 3671 IH

1 tributions of funds for the purposes provided herein from 

2 any person, foreign government, or international organiza3 tion may be credited to this Fund and used for such pur4 poses: Provided further, That the Secretary of Defense 

5 shall notify the congressional defense committees in writ6 ing upon the receipt and upon the obligation of any con7 tribution, delineating the sources and amounts of the 

8 funds received and the specific use of such contributions: 

9 Provided further, That the Secretary of Defense shall, not 

10 fewer than 15 days prior to obligating from this appro11 priation account, notify the congressional defense commit12 tees in writing of the details of any such obligation: Pro13 vided further, That the Secretary of Defense shall notify 

14 the congressional defense committees of any proposed new 

15 projects or transfer of funds between budget sub-activity 

16 groups in excess of $20,000,000: Provided further, That 

17 such amounts in this paragraph are designated by the 

18 Congress for Overseas Contingency Operations/Global 

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

20 Balanced Budget and Emergency Deficit Control Act of 

21 1985. 

22 PROCUREMENT 

23 AIRCRAFT PROCUREMENT, ARMY

24 For an additional amount for ‘‘Aircraft Procurement, 

25 Army’’, $1,137,381,000, to remain available until Sepmstockstill on DSK4VPTVN1PROD with BILLS

147 

•HR 3671 IH

1 tember 30, 2014: Provided, That such amounts in this 

2 paragraph are designated by the Congress for Overseas 

3 Contingency Operations/Global War on Terrorism pursu4 ant to section 251(b)(2)(A) of the Balanced Budget and 

5 Emergency Deficit Control Act of 1985. 

6 MISSILE PROCUREMENT, ARMY

7 For an additional amount for ‘‘Missile Procurement, 

8 Army’’, $126,556,000, to remain available until Sep9 tember 30, 2014: Provided, That such amounts in this 

10 paragraph are designated by the Congress for Overseas 

11 Contingency Operations/Global War on Terrorism pursu12 ant to section 251(b)(2)(A) of the Balanced Budget and 

13 Emergency Deficit Control Act of 1985. 

14 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

15 VEHICLES, ARMY

16 For an additional amount for ‘‘Procurement of Weap17 ons and Tracked Combat Vehicles, Army’’, $37,117,000, 

18 to remain available until September 30, 2014: Provided, 

19 That such amounts in this paragraph are designated by 

20 the Congress for Overseas Contingency Operations/Global 

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

22 Balanced Budget and Emergency Deficit Control Act of 

23 1985. 

mstockstill on DSK4VPTVN1PROD with BILLS

148 

•HR 3671 IH

1 PROCUREMENT OF AMMUNITION, ARMY

2 For an additional amount for ‘‘Procurement of Am3 munition, Army’’, $208,381,000, to remain available until 

4 September 30, 2014: Provided, That such amounts in this 

5 paragraph are designated by the Congress for Overseas 

6 Contingency Operations/Global War on Terrorism pursu7 ant to section 251(b)(2)(A) of the Balanced Budget and 

8 Emergency Deficit Control Act of 1985. 

9 OTHER PROCUREMENT, ARMY

10 For an additional amount for ‘‘Other Procurement, 

11 Army’’, $1,334,345,000, to remain available until Sep12 tember 30, 2014: Provided, That such amounts in this 

13 paragraph are designated by the Congress for Overseas 

14 Contingency Operations/Global War on Terrorism pursu15 ant to section 251(b)(2)(A) of the Balanced Budget and 

16 Emergency Deficit Control Act of 1985. 

17 AIRCRAFT PROCUREMENT, NAVY

18 For an additional amount for ‘‘Aircraft Procurement, 

19 Navy’’, $480,935,000, to remain available until September 

20 30, 2014: Provided, That such amounts in this paragraph 

21 are designated by the Congress for Overseas Contingency 

22 Operations/Global War on Terrorism pursuant to section 

23 251(b)(2)(A) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 

mstockstill on DSK4VPTVN1PROD with BILLS

149 

•HR 3671 IH

1 WEAPONS PROCUREMENT, NAVY

2 For an additional amount for ‘‘Weapons Procure3 ment, Navy’’, $41,070,000, to remain available until Sep4 tember 30, 2014: Provided, That such amounts in this 

5 paragraph are designated by the Congress for Overseas 

6 Contingency Operations/Global War on Terrorism pursu7 ant to section 251(b)(2)(A) of the Balanced Budget and 

8 Emergency Deficit Control Act of 1985. 

9 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

10 CORPS

11 For an additional amount for ‘‘Procurement of Am12 munition, Navy and Marine Corps’’, $317,100,000, to re13 main available until September 30, 2014: Provided, That 

14 such amounts in this paragraph are designated by the 

15 Congress for Overseas Contingency Operations/Global 

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

17 Balanced Budget and Emergency Deficit Control Act of 

18 1985. 

19 OTHER PROCUREMENT, NAVY

20 For an additional amount for ‘‘Other Procurement, 

21 Navy’’, $236,125,000, to remain available until September 

22 30, 2014: Provided, That such amounts in this paragraph 

23 are designated by the Congress for Overseas Contingency 

24 Operations/Global War on Terrorism pursuant to section 

mstockstill on DSK4VPTVN1PROD with BILLS

150 

•HR 3671 IH

1 251(b)(2)(A) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 PROCUREMENT, MARINE CORPS

4 For an additional amount for ‘‘Procurement, Marine 

5 Corps’’, $1,233,996,000, to remain available until Sep6 tember 30, 2014: Provided, That such amounts in this 

7 paragraph are designated by the Congress for Overseas 

8 Contingency Operations/Global War on Terrorism pursu9 ant to section 251(b)(2)(A) of the Balanced Budget and 

10 Emergency Deficit Control Act of 1985. 

11 AIRCRAFT PROCUREMENT, AIR FORCE

12 For an additional amount for ‘‘Aircraft Procurement, 

13 Air Force’’, $1,235,777,000, to remain available until 

14 September 30, 2014: Provided, That such amounts in this 

15 paragraph are designated by the Congress for Overseas 

16 Contingency Operations/Global War on Terrorism pursu17 ant to section 251(b)(2)(A) of the Balanced Budget and 

18 Emergency Deficit Control Act of 1985. 

19 MISSILE PROCUREMENT, AIR FORCE

20 For an additional amount for ‘‘Missile Procurement, 

21 Air Force’’, $41,220,000, to remain available until Sep22 tember 30, 2014: Provided, That such amounts in this 

23 paragraph are designated by the Congress for Overseas 

24 Contingency Operations/Global War on Terrorism pursumstockstill on DSK4VPTVN1PROD with BILLS

151 

•HR 3671 IH

1 ant to section 251(b)(2)(A) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 PROCUREMENT OF AMMUNITION, AIR FORCE

4 For an additional amount for ‘‘Procurement of Am5 munition, Air Force’’, $109,010,000, to remain available 

6 until September 30, 2014: Provided, That such amounts 

7 in this paragraph are designated by the Congress for 

8 Overseas Contingency Operations/Global War on Ter9 rorism pursuant to section 251(b)(2)(A) of the Balanced 

10 Budget and Emergency Deficit Control Act of 1985. 

11 OTHER PROCUREMENT, AIR FORCE

12 For an additional amount for ‘‘Other Procurement, 

13 Air Force’’, $3,088,510,000, to remain available until 

14 September 30, 2014: Provided, That such amounts in this 

15 paragraph are designated by the Congress for Overseas 

16 Contingency Operations/Global War on Terrorism pursu17 ant to section 251(b)(2)(A) of the Balanced Budget and 

18 Emergency Deficit Control Act of 1985. 

19 PROCUREMENT, DEFENSE-WIDE

20 For an additional amount for ‘‘Procurement, De21 fense-Wide’’, $405,768,000, to remain available until Sep22 tember 30, 2014: Provided, That such amounts in this 

23 paragraph are designated by the Congress for Overseas 

24 Contingency Operations/Global War on Terrorism pursumstockstill on DSK4VPTVN1PROD with BILLS

152 

•HR 3671 IH

1 ant to section 251(b)(2)(A) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 NATIONAL GUARD AND RESERVE EQUIPMENT

4 For procurement of aircraft, missiles, tracked combat 

5 vehicles, ammunition, other weapons and other procure6 ment for the reserve components of the Armed Forces, 

7 $1,000,000,000, to remain available for obligation until 

8 September 30, 2014: Provided, That the Chiefs of Na9 tional Guard and Reserve components shall, not later than 

10 30 days after the enactment of this Act, individually sub11 mit to the congressional defense committees the mod12 ernization priority assessment for their respective Na13 tional Guard or Reserve component: Provided further, 

14 That such amounts in this paragraph are designated by 

15 the Congress for Overseas Contingency Operations/Global 

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

17 Balanced Budget and Emergency Deficit Control Act of 

18 1985. 

19 MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 For the Mine Resistant Ambush Protected Vehicle 

22 Fund, $2,600,170,000, to remain available until Sep23 tember 30, 2013: Provided, That such funds shall be avail24 able to the Secretary of Defense, notwithstanding any 

25 other provision of law, to procure, sustain, transport, and 

mstockstill on DSK4VPTVN1PROD with BILLS

153 

•HR 3671 IH

1 field Mine Resistant Ambush Protected vehicles: Provided 

2 further, That the Secretary shall transfer such funds only 

3 to appropriations made available in this or any other Act 

4 for operation and maintenance; procurement; research, de5 velopment, test and evaluation; and defense working cap6 ital funds to accomplish the purpose provided herein: Pro7 vided further, That such transferred funds shall be merged 

8 with and be available for the same purposes and the same 

9 time period as the appropriation to which transferred: 

10 Provided further, That this transfer authority is in addi11 tion to any other transfer authority available to the De12 partment of Defense: Provided further, That the Secretary 

13 shall, not fewer than 10 days prior to making transfers 

14 from this appropriation, notify the congressional defense 

15 committees in writing of the details of any such transfer: 

16 Provided further, That such amounts in this paragraph are 

17 designated by the Congress for Overseas Contingency Op18 erations/Global War on Terrorism pursuant to section 

19 251(b)(2)(A) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985. 

mstockstill on DSK4VPTVN1PROD with BILLS

154 

•HR 3671 IH

1 RESEARCH, DEVELOPMENT, TEST AND 

2 EVALUATION 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 ARMY

5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Army’’, $18,513,000, to re7 main available until September 30, 2013: Provided, That 

8 such amounts in this paragraph are designated by the 

9 Congress for Overseas Contingency Operations/Global 

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

11 Balanced Budget and Emergency Deficit Control Act of 

12 1985. 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 NAVY

15 For an additional amount for ‘‘Research, Develop16 ment, Test and Evaluation, Navy’’, $53,884,000, to re17 main available until September 30, 2013: Provided, That 

18 such amounts in this paragraph are designated by the 

19 Congress for Overseas Contingency Operations/Global 

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

21 Balanced Budget and Emergency Deficit Control Act of 

22 1985. 

mstockstill on DSK4VPTVN1PROD with BILLS

155 

•HR 3671 IH

1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 AIR FORCE

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Air Force’’, $259,600,000, to 

5 remain available until September 30, 2013: Provided, 

6 That such amounts in this paragraph are designated by 

7 the Congress for Overseas Contingency Operations/Global 

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

9 Balanced Budget and Emergency Deficit Control Act of 

10 1985. 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 DEFENSE-WIDE

13 For an additional amount for ‘‘Research, Develop14 ment, Test and Evaluation, Defense-Wide’’, 

15 $194,361,000, to remain available until September 30, 

16 2013: Provided, That such amounts in this paragraph are 

17 designated by the Congress for Overseas Contingency Op18 erations/Global War on Terrorism pursuant to section 

19 251(b)(2)(A) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985. 

21 REVOLVING AND MANAGEMENT FUNDS 

22 DEFENSE WORKING CAPITAL FUNDS

23 For an additional amount for ‘‘Defense Working 

24 Capital Funds’’, $435,013,000: Provided, That such 

25 amounts in this paragraph are designated by the Congress 

mstockstill on DSK4VPTVN1PROD with BILLS

156 

•HR 3671 IH

1 for Overseas Contingency Operations/Global War on Ter2 rorism pursuant to section 251(b)(2)(A) of the Balanced 

3 Budget and Emergency Deficit Control Act of 1985. 

4 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

5 DEFENSE HEALTH PROGRAM

6 For an additional amount for ‘‘Defense Health Pro7 gram’’, $1,228,288,000, which shall be for operation and 

8 maintenance, to remain available until September 30, 

9 2012: Provided, That such amounts in this paragraph are 

10 designated by the Congress for Overseas Contingency Op11 erations/Global War on Terrorism pursuant to section 

12 251(b)(2)(A) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985. 

14 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

15 DEFENSE

16 For an additional amount for ‘‘Drug Interdiction and 

17 Counter-Drug Activities, Defense’’, $456,458,000, to re18 main available until September 30, 2013: Provided, That 

19 such amounts in this paragraph are designated by the 

20 Congress for Overseas Contingency Operations/Global 

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

22 Balanced Budget and Emergency Deficit Control Act of 

23 1985. 

mstockstill on DSK4VPTVN1PROD with BILLS

157 

•HR 3671 IH

1 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For the ‘‘Joint Improvised Explosive Device Defeat 

4 Fund’’, $2,441,984,000, to remain available until Sep5 tember 30, 2014: Provided, That such funds shall be avail6 able to the Secretary of Defense, notwithstanding any 

7 other provision of law, for the purpose of allowing the Di8 rector of the Joint Improvised Explosive Device Defeat 

9 Organization to investigate, develop and provide equip10 ment, supplies, services, training, facilities, personnel and 

11 funds to assist United States forces in the defeat of impro12 vised explosive devices: Provided further, That the Sec13 retary of Defense may transfer funds provided herein to 

14 appropriations for military personnel; operation and main15 tenance; procurement; research, development, test and 

16 evaluation; and defense working capital funds to accom17 plish the purpose provided herein: Provided further, That 

18 this transfer authority is in addition to any other transfer 

19 authority available to the Department of Defense: Pro20 vided further, That the Secretary of Defense shall, not 

21 fewer than 15 days prior to making transfers from this 

22 appropriation, notify the congressional defense committees 

23 in writing of the details of any such transfer: Provided 

24 further, That such amounts in this paragraph are des25 ignated by the Congress for Overseas Contingency Opermstockstill on DSK4VPTVN1PROD with BILLS

158 

•HR 3671 IH

1 ations/Global War on Terrorism pursuant to section 

2 251(b)(2)(A) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985. 

4 OFFICE OF THE INSPECTOR GENERAL

5 For an additional amount for the ‘‘Office of the In6 spector General’’, $11,055,000: Provided, That such 

7 amounts in this paragraph are designated by the Congress 

8 for Overseas Contingency Operations/Global War on Ter9 rorism pursuant to section 251(b)(2)(A) of the Balanced 

10 Budget and Emergency Deficit Control Act of 1985. 

11 GENERAL PROVISIONS—THIS TITLE 

12 SEC. 9001. Notwithstanding any other provision of 

13 law, funds made available in this title are in addition to 

14 amounts appropriated or otherwise made available for the 

15 Department of Defense for fiscal year 2012. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 9002. Upon the determination of the Secretary 

18 of Defense that such action is necessary in the national 

19 interest, the Secretary may, with the approval of the Of20 fice of Management and Budget, transfer up to 

21 $4,000,000,000 between the appropriations or funds made 

22 available to the Department of Defense in this title: Pro23 vided, That the Secretary shall notify the Congress 

24 promptly of each transfer made pursuant to the authority 

25 in this section: Provided further, That the authority promstockstill on DSK4VPTVN1PROD with BILLS

159 

•HR 3671 IH

1 vided in this section is in addition to any other transfer 

2 authority available to the Department of Defense and is 

3 subject to the same terms and conditions as the authority 

4 provided in the Department of Defense Appropriations 

5 Act, 2012. 

6 SEC. 9003. Supervision and administration costs as7 sociated with a construction project funded with appro8 priations available for operation and maintenance, ‘‘Af9 ghanistan Infrastructure Fund’’, or the ‘‘Afghanistan Se10 curity Forces Fund’’ provided in this Act and executed 

11 in direct support of overseas contingency operations in Af12 ghanistan, may be obligated at the time a construction 

13 contract is awarded: Provided, That for the purpose of this 

14 section, supervision and administration costs include all 

15 in-house Government costs. 

16 SEC. 9004. From funds made available in this title, 

17 the Secretary of Defense may purchase for use by military 

18 and civilian employees of the Department of Defense in 

19 the U.S. Central Command area of responsibility: (a) pas20 senger motor vehicles up to a limit of $75,000 per vehicle; 

21 and (b) heavy and light armored vehicles for the physical 

22 security of personnel or for force protection purposes up 

23 to a limit of $250,000 per vehicle, notwithstanding price 

24 or other limitations applicable to the purchase of pas25 senger carrying vehicles. 

mstockstill on DSK4VPTVN1PROD with BILLS

160 

•HR 3671 IH

1 SEC. 9005. Not to exceed $400,000,000 of the 

2 amount appropriated in this title under the heading ‘‘Op3 eration and Maintenance, Army’’ may be used, notwith4 standing any other provision of law, to fund the Com5 mander’s Emergency Response Program (CERP), for the 

6 purpose of enabling military commanders in Afghanistan 

7 to respond to urgent, small-scale, humanitarian relief and 

8 reconstruction requirements within their areas of responsi9 bility: Provided, That each project (including any ancillary 

10 or related elements in connection with such project) exe11 cuted under this authority shall not exceed $20,000,000: 

12 Provided further, That not later than 45 days after the 

13 end of each fiscal year quarter, the Secretary of Defense 

14 shall submit to the congressional defense committees a re15 port regarding the source of funds and the allocation and 

16 use of funds during that quarter that were made available 

17 pursuant to the authority provided in this section or under 

18 any other provision of law for the purposes described here19 in: Provided further, That, not later than 30 days after 

20 the end of each month, the Army shall submit to the con21 gressional defense committees monthly commitment, obli22 gation, and expenditure data for the Commander’s Emer23 gency Response Program in Afghanistan: Provided further, 

24 That not less than 15 days before making funds available 

25 pursuant to the authority provided in this section or under 

mstockstill on DSK4VPTVN1PROD with BILLS

161 

•HR 3671 IH

1 any other provision of law for the purposes described here2 in for a project with a total anticipated cost for completion 

3 of $5,000,000 or more, the Secretary shall submit to the 

4 congressional defense committees a written notice con5 taining each of the following: 

6 (1) The location, nature and purpose of the 

7 proposed project, including how the project is in8 tended to advance the military campaign plan for 

9 the country in which it is to be carried out. 

10 (2) The budget, implementation timeline with 

11 milestones, and completion date for the proposed 

12 project, including any other CERP funding that has 

13 been or is anticipated to be contributed to the com14 pletion of the project. 

15 (3) A plan for the sustainment of the proposed 

16 project, including the agreement with either the host 

17 nation, a non-Department of Defense agency of the 

18 United States Government or a third-party contrib19 utor to finance the sustainment of the activities and 

20 maintenance of any equipment or facilities to be pro21 vided through the proposed project. 

22 SEC. 9006. Funds available to the Department of De23 fense for operation and maintenance may be used, not24 withstanding any other provision of law, to provide sup25 plies, services, transportation, including airlift and sealift, 

mstockstill on DSK4VPTVN1PROD with BILLS

162 

•HR 3671 IH

1 and other logistical support to coalition forces supporting 

2 military and stability operations in Iraq and Afghanistan: 

3 Provided, That the Secretary of Defense shall provide 

4 quarterly reports to the congressional defense committees 

5 regarding support provided under this section. 

6 SEC. 9007. None of the funds appropriated or other7 wise made available by this or any other Act shall be obli8 gated or expended by the United States Government for 

9 a purpose as follows: 

10 (1) To establish any military installation or 

11 base for the purpose of providing for the permanent 

12 stationing of United States Armed Forces in Iraq. 

13 (2) To exercise United States control over any 

14 oil resource of Iraq. 

15 (3) To establish any military installation or 

16 base for the purpose of providing for the permanent 

17 stationing of United States Armed Forces in Af18 ghanistan. 

19 SEC. 9008. None of the funds made available in this 

20 Act may be used in contravention of the following laws 

21 enacted or regulations promulgated to implement the 

22 United Nations Convention Against Torture and Other 

23 Cruel, Inhuman or Degrading Treatment or Punishment 

24 (done at New York on December 10, 1984): 

mstockstill on DSK4VPTVN1PROD with BILLS

163 

•HR 3671 IH

1 (1) Section 2340A of title 18, United States 

2 Code. 

3 (2) Section 2242 of the Foreign Affairs Reform 

4 and Restructuring Act of 1998 (division G of Public 

5 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

6 note) and regulations prescribed thereto, including 

7 regulations under part 208 of title 8, Code of Fed8 eral Regulations, and part 95 of title 22, Code of 

9 Federal Regulations. 

10 (3) Sections 1002 and 1003 of the Department 

11 of Defense, Emergency Supplemental Appropriations 

12 to Address Hurricanes in the Gulf of Mexico, and 

13 Pandemic Influenza Act, 2006 (Public Law 109– 

14 148). 

15 SEC. 9009. None of the funds provided for the ‘‘Af16 ghanistan Security Forces Fund’’ (ASFF) may be obli17 gated prior to the approval of a financial and activity plan 

18 by the Afghanistan Resources Oversight Council (AROC) 

19 of the Department of Defense: Provided, That the AROC 

20 must approve the requirement and acquisition plan for any 

21 service requirements in excess of $50,000,000 annually 

22 and any non-standard equipment requirements in excess 

23 of $100,000,000 using ASFF: Provided further, That the 

24 AROC must approve all projects and the execution plan 

25 under the ‘‘Afghanistan Infrastructure Fund’’ (AIF) and 

mstockstill on DSK4VPTVN1PROD with BILLS

164 

•HR 3671 IH

1 any project in excess of $5,000,000 from the Commanders 

2 Emergency Response Program (CERP): Provided further, 

3 That the Department of Defense must certify to the con4 gressional defense committees that the AROC has con5 vened and approved a process for ensuring compliance 

6 with the requirements in the preceding provisos and ac7 companying report language for the ASFF, AIF, and 

8 CERP. 

9 SEC. 9010. (a) FUNDING FOR OUTREACH AND RE10 INTEGRATION SERVICES UNDER YELLOW RIBBON RE11 INTEGRATION PROGRAM.—Of the amounts appropriated 

12 or otherwise made available by title IX, up to $20,000,000 

13 may be available for outreach and reintegration services 

14 under the Yellow Ribbon Reintegration Program under 

15 section 582(h) of the National Defense Authorization Act 

16 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

17 125; 10 U.S.C. 10101 note). 

18 (b) SUPPLEMENT NOT SUPPLANT.—The amount 

19 made available by subsection (a) for the services described 

20 in that subsection is in addition to any other amounts 

21 available in this Act for such services. 

22 SEC. 9011. Funds made available in this title to the 

23 Department of Defense for operation and maintenance 

24 may be used to purchase items having an investment unit 

25 cost of not more than $250,000: Provided, That, upon demstockstill on DSK4VPTVN1PROD with BILLS

165 

•HR 3671 IH

1 termination by the Secretary of Defense that such action 

2 is necessary to meet the operational requirements of a 

3 Commander of a Combatant Command engaged in contin4 gency operations overseas, such funds may be used to pur5 chase items having an investment item unit cost of not 

6 more than $500,000. 

7 SEC. 9012. Notwithstanding any other provision of 

8 law, up to $150,000,000 of funds made available in this 

9 title under the heading ‘‘Operation and Maintenance, 

10 Army’’ may be obligated and expended for purposes of the 

11 Task Force for Business and Stability Operations, subject 

12 to the direction and control of the Secretary of Defense, 

13 with concurrence of the Secretary of State, to carry out 

14 strategic business and economic assistance activities in Af15 ghanistan in support of Operation Enduring Freedom: 

16 Provided, That not less than 15 days before making funds 

17 available pursuant to the authority provided in this section 

18 for any project with a total anticipated cost of $5,000,000 

19 or more, the Secretary shall submit to the congressional 

20 defense committees a written notice containing a detailed 

21 justification and timeline for each proposed project. 

22 SEC. 9013. From funds made available to the De23 partment of Defense in this title under the heading ‘‘Oper24 ation and Maintenance, Air Force’’ up to $524,000,000 

25 may be used by the Secretary of Defense, notwithstanding 

mstockstill on DSK4VPTVN1PROD with BILLS

166 

•HR 3671 IH

1 any other provision of law, to support United States Gov2 ernment transition activities in Iraq by funding the oper3 ations and activities of the Office of Security Cooperation 

4 in Iraq and security assistance teams, including life sup5 port, transportation and personal security, and facilities 

6 renovation and construction: Provided, That not less than 

7 15 days before making funds available pursuant to the au8 thority provided in this section, the Secretary shall submit 

9 to the congressional defense committees a written notice 

10 containing a detailed justification and timeline for each 

11 proposed site. 

12 SEC. 9014. The amounts appropriated in title IX of 

13 this Act are hereby reduced by $4,042,500,000 to reflect 

14 reduced troop strength in theater: Provided, That the re15 ductions shall be applied to the military personnel and op16 eration and maintenance appropriations only: Provided 

17 further, That the Secretary of Defense shall, not fewer 

18 than 15 days prior to reducing funds for this purpose, no19 tify the congressional defense committees in writing of the 

20 details of any such reduction by appropriation and budget 

21 line item. 

22 SEC. 9015. Of the funds appropriated in Department 

23 of Defense Appropriations Acts, the following funds are 

24 hereby rescinded from the following accounts and pro25 grams in the specified amounts: Provided, That such 

mstockstill on DSK4VPTVN1PROD with BILLS

167 

•HR 3671 IH

1 amounts are designated by the Congress for Overseas 

2 Contingency Operations/Global War on Terrorism pursu3 ant to section 251(b)(2)(A) of the Balanced Budget and 

4 Emergency Deficit Control Act of 1985: 

5 ‘‘Overseas Contingency Operations Transfer 

6 Fund, 2010’’, $356,810,000; 

7 ‘‘Procurement of Ammunition, Army, 2010/ 

8 2012’’, $21,000,000; 

9 ‘‘Other Procurement, Air Force, 2010/2012’’, 

10 $2,250,000. 

11 This division may be cited as the ‘‘Department 

12 of Defense Appropriations Act, 2012’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

168 

•HR 3671 IH

1 DIVISION B—ENERGY AND WATER DEVEL2 OPMENT APPROPRIATIONS ACT, 2012 

3 TITLE I 

4 CORPS OF ENGINEERS—CIVIL 

5 DEPARTMENT OF THE ARMY 

6 CORPS OF ENGINEERS—CIVIL

7 The following appropriations shall be expended under 

8 the direction of the Secretary of the Army and the super9 vision of the Chief of Engineers for authorized civil func10 tions of the Department of the Army pertaining to river 

11 and harbor, flood and storm damage reduction, shore pro12 tection, aquatic ecosystem restoration, and related efforts. 

13 INVESTIGATIONS

14 For expenses necessary where authorized by law for 

15 the collection and study of basic information pertaining 

16 to river and harbor, flood and storm damage reduction, 

17 shore protection, aquatic ecosystem restoration, and re18 lated needs; for surveys and detailed studies, and plans 

19 and specifications of proposed river and harbor, flood and 

20 storm damage reduction, shore protection, and aquatic 

21 ecosystem restoration projects and related efforts prior to 

22 construction; for restudy of authorized projects; and for 

23 miscellaneous investigations and, when authorized by law, 

24 surveys and detailed studies, and plans and specifications 

mstockstill on DSK4VPTVN1PROD with BILLS

169 

•HR 3671 IH

1 of projects prior to construction, $125,000,000, to remain 

2 available until expended. 

3 CONSTRUCTION

4 For expenses necessary for the construction of river 

5 and harbor, flood and storm damage reduction, shore pro6 tection, aquatic ecosystem restoration, and related 

7 projects authorized by law; for conducting detailed studies, 

8 and plans and specifications, of such projects (including 

9 those involving participation by States, local governments, 

10 or private groups) authorized or made eligible for selection 

11 by law (but such detailed studies, and plans and specifica12 tions, shall not constitute a commitment of the Govern13 ment to construction); $1,694,000,000, to remain avail14 able until expended; of which such sums as are necessary 

15 to cover the Federal share of construction costs for facili16 ties under the Dredged Material Disposal Facilities pro17 gram shall be derived from the Harbor Maintenance Trust 

18 Fund as authorized by Public Law 104–303; and of which 

19 such sums as are necessary to cover one-half of the costs 

20 of construction, replacement, rehabilitation, and expansion 

21 of inland waterways projects (including only Olmsted Lock 

22 and Dam, Ohio River, Illinois and Kentucky; Emsworth 

23 Locks and Dam, Ohio River, Pennsylvania; Lock and 

24 Dams 2, 3, and 4, Monongahela River, Pennsylvania; and 

mstockstill on DSK4VPTVN1PROD with BILLS

170 

•HR 3671 IH

1 Lock and Dam 27, Mississippi River, Illinois) shall be de2 rived from the Inland Waterways Trust Fund. 

3 MISSISSIPPI RIVER AND TRIBUTARIES

4 For expenses necessary for flood damage reduction 

5 projects and related efforts in the Mississippi River allu6 vial valley below Cape Girardeau, Missouri, as authorized 

7 by law, $252,000,000, to remain available until expended, 

8 of which such sums as are necessary to cover the Federal 

9 share of eligible operation and maintenance costs for in10 land harbors shall be derived from the Harbor Mainte11 nance Trust Fund. 

12 OPERATION AND MAINTENANCE

13 For expenses necessary for the operation, mainte14 nance, and care of existing river and harbor, flood and 

15 storm damage reduction, aquatic ecosystem restoration, 

16 and related projects authorized by law; providing security 

17 for infrastructure owned or operated by the Corps, includ18 ing administrative buildings and laboratories; maintaining 

19 harbor channels provided by a State, municipality, or 

20 other public agency that serve essential navigation needs 

21 of general commerce, where authorized by law; surveying 

22 and charting northern and northwestern lakes and con23 necting waters; clearing and straightening channels; and 

24 removing obstructions to navigation, $2,412,000,000, to 

25 remain available until expended, of which such sums as 

mstockstill on DSK4VPTVN1PROD with BILLS

171 

•HR 3671 IH

1 are necessary to cover the Federal share of eligible oper2 ation and maintenance costs for coastal harbors and chan3 nels, and for inland harbors shall be derived from the Har4 bor Maintenance Trust Fund; of which such sums as be5 come available from the special account for the Corps of 

6 Engineers established by the Land and Water Conserva7 tion Fund Act of 1965 (16 U.S.C. 460l–6a(i)) shall be 

8 derived from that account for resource protection, re9 search, interpretation, and maintenance activities related 

10 to resource protection in the areas at which outdoor recre11 ation is available; and of which such sums as become avail12 able from fees collected under section 217 of Public Law 

13 104–303 shall be used to cover the cost of operation and 

14 maintenance of the dredged material disposal facilities for 

15 which such fees have been collected: Provided, That 1 per16 cent of the total amount of funds provided for each of the 

17 programs, projects or activities funded under this heading 

18 shall not be allocated to a field operating activity prior 

19 to the beginning of the fourth quarter of the fiscal year 

20 and shall be available for use by the Chief of Engineers 

21 to fund such emergency activities as the Chief of Engi22 neers determines to be necessary and appropriate, and 

23 that the Chief of Engineers shall allocate during the 

24 fourth quarter any remaining funds which have not been 

25 used for emergency activities proportionally in accordance 

mstockstill on DSK4VPTVN1PROD with BILLS

172 

•HR 3671 IH

1 with the amounts provided for the programs, projects or 

2 activities. 

3 REGULATORY PROGRAM

4 For expenses necessary for administration of laws 

5 pertaining to regulation of navigable waters and wetlands, 

6 $193,000,000, to remain available until September 30, 

7 2013. 

8 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

9 For expenses necessary to clean up contamination 

10 from sites in the United States resulting from work per11 formed as part of the Nation’s early atomic energy pro12 gram, $109,000,000, to remain available until expended. 

13 FLOOD CONTROL AND COASTAL EMERGENCIES

14 For expenses necessary to prepare for flood, hurri15 cane, and other natural disasters and support emergency 

16 operations, repairs, and other activities in response to 

17 such disasters as authorized by law, $27,000,000, to re18 main available until expended. 

19 EXPENSES

20 For expenses necessary for the supervision and gen21 eral administration of the civil works program in the head22 quarters of the Corps of Engineers and the offices of the 

23 Division Engineers; and for costs of management and op24 eration of the Humphreys Engineer Center Support Activ25 ity, the Institute for Water Resources, the United States 

mstockstill on DSK4VPTVN1PROD with BILLS

173 

•HR 3671 IH

1 Army Engineer Research and Development Center, and 

2 the United States Army Corps of Engineers Finance Cen3 ter allocable to the civil works program, $185,000,000, to 

4 remain available until September 30, 2013, of which not 

5 to exceed $5,000 may be used for official reception and 

6 representation purposes and only during the current fiscal 

7 year: Provided, That no part of any other appropriation 

8 provided in title I of this Act shall be available to fund 

9 the civil works activities of the Office of the Chief of Engi10 neers or the civil works executive direction and manage11 ment activities of the division offices: Provided further, 

12 That any Flood Control and Coastal Emergencies appro13 priation may be used to fund the supervision and general 

14 administration of emergency operations, repairs, and other 

15 activities in response to any flood, hurricane, or other nat16 ural disaster. 

17 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

18 FOR CIVIL WORKS

19 For the Office of the Assistant Secretary of the Army 

20 for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 

21 $5,000,000, to remain available until September 30, 2013. 

22 ADMINISTRATIVE PROVISION

23 The Revolving Fund, Corps of Engineers, shall be 

24 available during the current fiscal year for purchase (not 

mstockstill on DSK4VPTVN1PROD with BILLS

174 

•HR 3671 IH

1 to exceed 100 for replacement only) and hire of passenger 

2 motor vehicles for the civil works program. 

3 GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL

4 (INCLUDING TRANSFERS OF FUNDS)

5 SEC. 101. (a) None of the funds provided in title I 

6 of this Act, or provided by previous appropriations Acts 

7 to the agencies or entities funded in title I of this Act 

8 that remain available for obligation or expenditure in fiscal 

9 year 2012, shall be available for obligation or expenditure 

10 through a reprogramming of funds that: 

11 (1) creates or initiates a new program, project, 

12 or activity; 

13 (2) eliminates a program, project, or activity; 

14 (3) increases funds or personnel for any pro15 gram, project, or activity for which funds have been 

16 denied or restricted by this Act, unless prior ap17 proval is received from the House and Senate Com18 mittees on Appropriations; 

19 (4) proposes to use funds directed for a specific 

20 activity for a different purpose, unless prior approval 

21 is received from the House and Senate Committees 

22 on Appropriations; 

23 (5) augments or reduces existing programs, 

24 projects or activities in excess of the amounts con25 tained in subsections 6 through 10, unless prior apmstockstill on DSK4VPTVN1PROD with BILLS

175 

•HR 3671 IH

1 proval is received from the House and Senate Com2 mittees on Appropriations; 

3 (6) INVESTIGATIONS.—For a base level over 

4 $100,000, reprogramming of 25 percent of the base 

5 amount up to a limit of $150,000 per project, study 

6 or activity is allowed: Provided, That for a base level 

7 less than $100,000, the reprogramming limit is 

8 $25,000: Provided further, That up to $25,000 may 

9 be reprogrammed into any continuing study or activ10 ity that did not receive an appropriation for existing 

11 obligations and concomitant administrative expenses; 

12 (7) CONSTRUCTION.—For a base level over 

13 $2,000,000, reprogramming of 15 percent of the 

14 base amount up to a limit of $3,000,000 per project, 

15 study or activity is allowed: Provided, That for a 

16 base level less than $2,000,000, the reprogramming 

17 limit is $300,000: Provided further, That up to 

18 $3,000,000 may be reprogrammed for settled con19 tractor claims, changed conditions, or real estate de20 ficiency judgments: Provided further, That up to 

21 $300,000 may be reprogrammed into any continuing 

22 study or activity that did not receive an appropria23 tion for existing obligations and concomitant admin24 istrative expenses; 

mstockstill on DSK4VPTVN1PROD with BILLS

176 

•HR 3671 IH

1 (8) OPERATION AND MAINTENANCE.—Unlim2 ited reprogramming authority is granted in order for 

3 the Corps to be able to respond to emergencies: Pro4 vided, That the Chief of Engineers must notify the 

5 House and Senate Committees on Appropriations of 

6 these emergency actions as soon thereafter as prac7 ticable: Provided further, That for a base level over 

8 $1,000,000, reprogramming of 15 percent of the 

9 base amount a limit of $5,000,000 per project, study 

10 or activity is allowed: Provided further, That for a 

11 base level less than $1,000,000, the reprogramming 

12 limit is $150,000: Provided further, That $150,000 

13 may be reprogrammed into any continuing study or 

14 activity that did not receive an appropriation; 

15 (9) MISSISSIPPI RIVER AND TRIBUTARIES.— 

16 The same reprogramming guidelines for the Inves17 tigations, Construction, and Operation and Mainte18 nance portions of the Mississippi River and Tribu19 taries Account as listed above; and 

20 (10) FORMERLY UTILIZED SITES REMEDIAL AC21 TION PROGRAM.—Reprogramming of up to 15 per22 cent of the base of the receiving project is permitted. 

23 (b) DE MINIMUS REPROGRAMMINGS.—In no case 

24 should a reprogramming for less than $50,000 be submstockstill on DSK4VPTVN1PROD with BILLS

177 

•HR 3671 IH

1 mitted to the House and Senate Committees on Appro2 priations. 

3 (c) CONTINUING AUTHORITIES PROGRAM.—Sub4 section (a)(1) shall not apply to any project or activity 

5 funded under the continuing authorities program. 

6 (d) Not later than 60 days after the date of enact7 ment of this Act, the Corps of Engineers shall submit a 

8 report to the House and Senate Committees on Appropria9 tions to establish the baseline for application of re10 programming and transfer authorities for the current fis11 cal year: Provided, That the report shall include: 

12 (1) A table for each appropriation with a sepa13 rate column to display the President’s budget re14 quest, adjustments made by Congress, adjustments 

15 due to enacted rescissions, if appropriate, and the 

16 fiscal year enacted level; 

17 (2) A delineation in the table for each appro18 priation both by object class and program, project 

19 and activity as detailed in the budget appendix for 

20 the respective appropriations; and 

21 (3) An identification of items of special congres22 sional interest. 

23 SEC. 102. None of the funds made available in this 

24 title may be used to award or modify any contract that 

25 commits funds beyond the amounts appropriated for that 

mstockstill on DSK4VPTVN1PROD with BILLS

178 

•HR 3671 IH

1 program, project, or activity that remain unobligated, ex2 cept that such amounts may include any funds that have 

3 been made available through reprogramming pursuant to 

4 section 101. 

5 SEC. 103. None of the funds in this Act, or previous 

6 Acts, making funds available for Energy and Water Devel7 opment, shall be used to award any continuing contract 

8 that commits additional funding from the Inland Water9 ways Trust Fund unless or until such time that a long10 term mechanism to enhance revenues in this Fund suffi11 cient to meet the cost-sharing authorized in the Water Re12 sources Development Act of 1986 (Public Law 99–662) 

13 is enacted. 

14 SEC. 104. Within 120 days of the date of the Chief 

15 of Engineers Report on a water resource matter, the As16 sistant Secretary of the Army (Civil Works) shall submit 

17 the report to the appropriate authorizing and appro18 priating committees of the Congress. 

19 SEC. 105. During the fiscal year period covered by 

20 this Act, the Secretary of the Army is authorized to imple21 ment measures recommended in the efficacy study author22 ized under section 3061 of the Water Resources Develop23 ment Act of 2007 (121 Stat. 1121) or in interim reports, 

24 with such modifications or emergency measures as the 

25 Secretary of the Army determines to be appropriate, to 

mstockstill on DSK4VPTVN1PROD with BILLS

179 

•HR 3671 IH

1 prevent aquatic nuisance species from dispersing into the 

2 Great Lakes by way of any hydrologic connection between 

3 the Great Lakes and the Mississippi River Basin. 

4 SEC. 106. The Secretary is authorized to transfer to 

5 ‘‘Corps of Engineers—Civil—Construction’’ up to 

6 $100,000,000 of the funds provided for reinforcing or re7 placing flood walls under the heading ‘‘Corps of Engi8 neers—Civil—Flood Control and Coastal Emergencies’’ in 

9 Public Law 109–234 and Public Law 110–252 and up to 

10 $75,000,000 of the funds provided for projects and meas11 ures for the West Bank and Vicinity and Lake 

12 Ponchartrain and Vicinity projects under the heading 

13 ‘‘Corps of Engineers—Civil—Flood Control and Coastal 

14 Emergencies’’ in Public Law 110–28, to be used with 

15 funds provided for the West Bank and Vicinity project 

16 under the heading ‘‘Corps of Engineers—Civil—Construc17 tion’’ in Public Law 110–252 and Public Law 110–329, 

18 consistent with 65 percent Federal and 35 percent non19 Federal cost share and the financing of, and payment 

20 terms for, the non-Federal cash contribution associated 

21 with the West Bank and Vicinity project. 

22 SEC. 107. The Secretary of the Army may transfer 

23 to the Fish and Wildlife Service, and the Fish and Wildlife 

24 Service may accept and expend, up to $3,800,000 of funds 

25 provided in this title under the heading ‘‘Operation and 

mstockstill on DSK4VPTVN1PROD with BILLS

180 

•HR 3671 IH

1 Maintenance’’ to mitigate for fisheries lost due to Corps 

2 of Engineers projects. 

3 SEC. 108. The Secretary of the Army may authorize 

4 a member of the Armed Forces under the Secretary’s ju5 risdiction and employees of the Department of the Army 

6 to serve without compensation as director, officer, or oth7 erwise in the management of the organization established 

8 to support and maintain the participation of the United 

9 States in the permanent international commission of the 

10 congresses of navigation, or any successor entity. 

11 SEC. 109. (a) ACQUISITION.—The Secretary is au12 thorized to acquire any real property and associated real 

13 property interests in the vicinity of Hanover, New Hamp14 shire as may be needed for the Engineer Research and 

15 Development Center laboratory facilities at the Cold Re16 gions Research and Engineering Laboratory. This real 

17 property to be acquired consists of 18.5 acres more or less, 

18 identified as Tracts 101–1 and 101–2, together with all 

19 necessary easements located entirely within the Town of 

20 Hanover, New Hampshire. The real property is generally 

21 bounded to the east by state route 10-Lyme Road, to the 

22 north by the vacant property of the Trustees of the Dart23 mouth College, to the south by Fletcher Circle graduate 

24 student housing owned by the Trustees of Dartmouth Col25 lege, and to the west by approximately 9 acres of real 

mstockstill on DSK4VPTVN1PROD with BILLS

181 

•HR 3671 IH

1 property acquired in fee through condemnation in 1981 

2 by the Secretary of the Army. 

3 (b) REVOLVING FUND.—The Secretary is authorized 

4 to use the Revolving Fund (33 U.S.C. 576) through the 

5 Plant Replacement and Improvement Program to acquire 

6 the real property and associated real property interests in 

7 subsection (a). The Secretary shall ensure that the Revolv8 ing Fund is appropriately reimbursed from the benefitting 

9 appropriations. 

10 (c) RIGHT OF FIRST REFUSAL.—The Secretary may 

11 provide the Seller of any real property and associated 

12 property interests identified in subsection (a)— 

13 (1) a right of first refusal to acquire such prop14 erty, or any portion thereof, in the event the prop15 erty, or any portion thereof, is no longer needed by 

16 the Department of the Army. 

17 (2) a right of first refusal to acquire any real 

18 property or associated real property interests ac19 quired by condemnation in Civil Action No. 81–360– 

20 L, in the event the property, or any portion thereof, 

21 is no longer needed by the Department of the Army. 

22 (3) the purchase of any property by the Seller 

23 exercising either right of first refusal authorized in 

24 this section shall be for consideration acceptable to 

25 the Secretary and shall be for not less than fair 

mstockstill on DSK4VPTVN1PROD with BILLS

182 

•HR 3671 IH

1 market value at the time the property becomes avail2 able for purchase. The right of first refusal author3 ized in this section shall not inure to the benefit of 

4 the Sellers successors or assigns. 

5 (d) DISPOSAL.—The Secretary of the Army is au6 thorized to dispose of any property or associated real prop7 erty interests that are subject to the exercise of the right 

8 of first refusal as set forth herein. 

9 SEC. 110. None of the funds made available in this 

10 Act may be used by the Corps of Engineers to relocate, 

11 or study the relocation of, any regional division head12 quarters of the Corps located at a military installation or 

13 any permanent employees of such headquarters. 

14 SEC. 111. (a) Section 5 of the Act entitled ‘‘An Act 

15 authorizing the construction of certain public works on 

16 rivers and harbors for flood control, and for other pur17 poses,’’ approved June 22, 1936, (33 U.S.C. 701h), is 

18 amended by— 

19 (1) inserting ‘‘for work, which includes planning 

20 and design,’’ before ‘‘to be expended’’; 

21 (2) striking ‘‘flood control or environmental res22 toration work’’ and inserting ‘‘water resources devel23 opment study or project’’; and 

24 (3) inserting ‘‘: Provided further, That the term 

25 ‘States’ means the several States, the District of Comstockstill on DSK4VPTVN1PROD with BILLS

183 

•HR 3671 IH

1 lumbia, the commonwealths, territories, and posses2 sions of the United States, and Federally recognized 

3 Indian tribes’’ before the period. 

4 (b) The Secretary shall notify the appropriate com5 mittees of Congress prior to initiation of negotiations for 

6 accepting contributed funds under 33 U.S.C. 701h. 

7 SEC. 112. With respect to the property covered by 

8 the deed described in Auditor’s instrument No. 2006– 

9 014428 of Benton County, Washington, approximately 1.5 

10 acres, the following deed restrictions are hereby extin11 guished and of no further force and effect: 

12 (1) The reversionary interest and use restric13 tions related to port and industrial purposes; 

14 (2) The right for the District Engineer to re15 view all pre-construction plans and/or specifications 

16 pertaining to construction and/or maintenance of 

17 any structure intended for human habitation, if the 

18 elevation of the property is above the standard 

19 project flood elevation; and 

20 (3) The right of the District Engineer to object 

21 to, and thereby prevent, in his/her discretion, such 

22 activity. 

23 SEC. 113. That portion of the project for navigation, 

24 Block Island Harbor of Refuge, Rhode Island adopted by 

25 the Rivers and Harbors Act of July 11, 1870, consisting 

mstockstill on DSK4VPTVN1PROD with BILLS

184 

•HR 3671 IH

1 of the cut-stone breakwater lining the west side of the 

2 Inner Basin; beginning at a point with coordinates 

3 N32579.55, E312625.53, thence running northerly about 

4 76.59 feet to a point with coordinates N32655.92, 

5 E312631.32, thence running northerly about 206.81 feet 

6 to a point with coordinates N32858.33, E312673.74, 

7 thence running easterly about 109.00 feet to a point with 

8 coordinates N32832.15, E312779.54, shall no longer be 

9 authorized after the date of enactment. 

10 SEC. 114. The Secretary of the Army, acting through 

11 the Chief of Engineers, is authorized, using amounts avail12 able in the Revolving Fund established by section 101 of 

13 the Act of July 27, 1953, chap. 245 (33 U.S.C. 576), to 

14 construct a Consolidated Infrastructure Research Equip15 ment Facility, an Environmental Processes and Risk Lab, 

16 a Hydraulic Research Facility, an Engineer Research and 

17 Development Center headquarters building, a Modular 

18 Hydraulic Flume building, and to purchase real estate, 

19 perform construction, and make facility, utility, street, 

20 road, and infrastructure improvements to the Engineer 

21 Research and Development Center’s installations and fa22 cilities. The Secretary shall ensure that the Revolving 

23 Fund is appropriately reimbursed from the benefitting ap24 propriations. 

mstockstill on DSK4VPTVN1PROD with BILLS

185 

•HR 3671 IH

1 SEC. 115. Section 1148 of the Water Resources De2 velopment Act of 1986 (100 Stat. 4254; 110 Stat. 3718; 

3 114 Stat. 2609) is amended by striking subsection (b) and 

4 inserting the following: 

5 ‘‘(b) DISPOSITION OF ACQUIRED LAND.—The Sec6 retary may transfer land acquired under this section to 

7 the non-Federal sponsor by quitclaim deed subject to such 

8 terms and conditions as the Secretary determines to be 

9 in the public interest.’’. 

10 SEC. 116. The New London Disposal Site and the 

11 Cornfield Shoals Disposal Site in Long Island Sound se12 lected by the Department of the Army as alternative 

13 dredged material disposal sites under section 103(b) of the 

14 Marine Protection, Research, and Sanctuaries Act of 

15 1972, as amended, shall remain open for 5 years after en16 actment of this Act to allow for completion of a Supple17 mental Environmental Impact Statement to support final 

18 designation of an Ocean Dredged Material Disposal Site 

19 in eastern Long Island Sound under section 102(c) of the 

20 Marine Protection, Research, and Sanctuaries Act of 

21 1972. 

22 SEC. 117. (a) That portion of the project for naviga23 tion, Newport Harbor, Rhode Island adopted by the Rivers 

24 and Harbors Acts of March 2, 1907 (34 Stat. 1075); June 

25 25, 1910 (36 Stat. 632); August 26, 1937 (50 Stat. 845); 

mstockstill on DSK4VPTVN1PROD with BILLS

186 

•HR 3671 IH

1 and, modified by the Consolidated Appropriations Act, 

2 2000, Public Law 106–113, appendix E, title II, section 

3 221 (113 Stat. 1501A–298); consisting of a 13-foot an4 chorage, an 18-foot anchorage, a 21-foot channel, and 18- 

5 foot channels described by the following shall no longer 

6 be authorized after the date of enactment of this Act: the 

7 21-Foot Entrance Channel, beginning at a point (1) with 

8 coordinates 374986.03, 150611.01; thence running south 

9 46 degrees 54 minutes 30.7 seconds east 900.01 feet to 

10 a point (2) with coordinates 375643.27, 149996.16; 

11 thence running south 8 degrees 4 minutes 58.3 east 

12 2,376.87 feet to a point (3) with coordinates 375977.47, 

13 147643.00; thence running south 4 degrees 28 minutes 

14 20.4 seconds west 738.56 feet to a point (4) with coordi15 nates 375919.88, 146906.60; thence running south 6 de16 grees 2 minutes 42.4 seconds east 1,144.00 feet to a point 

17 (5) with coordinates 376040.35, 145768.96; thence run18 ning south 34 degrees 5 minutes 51.7 seconds west 707.11 

19 feet to a point (6) with coordinates 375643.94, 

20 145183.41; thence running south 73 degrees 11 minutes 

21 42.9 seconds west 1,300.00 feet to the end point (7) with 

22 coordinates 374399.46, 144807.57; returning at a point 

23 with coordinates (8) with coordinates 374500.64, 

24 144472.51; thence running north 73 degrees 11 minutes 

25 42.9 seconds east 1,582.85 feet to a point (9) with coordimstockstill on DSK4VPTVN1PROD with BILLS

187 

•HR 3671 IH

1 nates 376015.90, 144930.13; thence running north 34 de2 grees 5 minutes 51.7 seconds east 615.54 feet to a point 

3 (10) with coordinates 376360.97, 145439.85; thence run4 ning north 2 degrees 10 minutes 43.3 seconds west 

5 2,236.21 feet to a point (11) with coordinates 376275.96, 

6 147674.45; thence running north 8 degrees 4 minutes 

7 55.6 seconds west 2,652.83 feet to a point (12) with co8 ordinates 375902.99, 150300.93; thence running north 46 

9 degrees 54 minutes 30.7 seconds west 881.47 feet to an 

10 end point (13) with coordinates 375259.29, 150903.12; 

11 and the 18-Foot South Goat Island Channel beginning at 

12 a point (14) with coordinates 375509.09, 149444.83; 

13 thence running south 25 degrees 44 minutes 0.5 second 

14 east 430.71 feet to a point (15) with coordinates 

15 375696.10, 149056.84; thence running south 10 degrees 

16 13 minutes 27.4 seconds east 1,540.89 feet to a point (16) 

17 with coordinates 375969.61, 147540.41; thence running 

18 south 4 degrees 29 minutes 11.3 seconds west 1,662.92 

19 feet to a point (17) with coordinates 375839.53, 

20 145882.59; thence running south 34 degrees 5 minutes 

21 51.7 seconds west 547.37 feet to a point (18) with coordi22 nates 375532.67, 145429.32; thence running south 86 de23 grees 47 minutes 37.7 seconds west 600.01 feet to an end 

24 point (19) with coordinates 374933.60, 145395.76; and 

25 the 18-Foot Entrance Channel beginning at a point (20) 

mstockstill on DSK4VPTVN1PROD with BILLS

188 

•HR 3671 IH

1 with coordinates 374567.14, 144252.33; thence running 

2 north 73 degrees 11 minutes 42.9 seconds east 1,899.22 

3 feet to a point (21) with coordinates 376385.26, 

4 144801.42; thence running north 2 degrees 10 minutes 

5 41.5 seconds west 638.89 feet to an end point (10) with 

6 coordinates 376360.97, 145439.85; and the 18-Foot 

7 South Anchorage beginning at a point (22) with coordi8 nates 376286.81, 147389.37; thence running north 78 de9 grees 56 minutes 15.6 seconds east 404.86 feet to a point 

10 (23) with coordinates 376684.14, 147467.05; thence run11 ning north 78 degrees 56 minutes 15.6 seconds east 

12 1,444.33 feet to a point (24) with coordinates 378101.63, 

13 147744.18; thence running south 5 degrees 18 minutes 

14 43.8 seconds west 1,228.20 feet to a point (25) with co15 ordinates 377987.92, 146521.26; thence running south 3 

16 degrees 50 minutes 3.4 seconds east 577.84 feet to a point 

17 (26) with coordinates 378026.56, 145944.71; thence run18 ning south 44 degrees 32 minutes 14.7 seconds west 

19 2,314.09 feet to a point (27) with coordinates 376403.52, 

20 144295.24 thence running south 60 degrees 5 minutes 

21 58.2 seconds west 255.02 feet to an end point (28) with 

22 coordinates 376182.45, 144168.12; and the 13-Foot An23 chorage beginning at a point (29) with coordinates 

24 376363.39, 143666.99; thence running north 63 degrees 

25 34 minutes 19.3 seconds east 1,962.37 feet to a point (30) 

mstockstill on DSK4VPTVN1PROD with BILLS

189 

•HR 3671 IH

1 with coordinates 378120.68, 144540.38; thence running 

2 north 3 degrees 50 minutes 3.1 seconds west 1,407.47 feet 

3 to an end point (26) with coordinates 378026.56, 

4 145944.71; and the 18-Foot East Channel beginning at 

5 a point (23) with coordinates 376684.14, 147467.05; 

6 thence running north 2 degrees 10 minutes 43.3 seconds 

7 west 262.95 feet to a point (31) with coordinates 

8 376674.14, 147729.81; thence running north 9 degrees 42 

9 minutes 20.3 seconds west 301.35 feet to a point (32) with 

10 coordinates 376623.34, 148026.85; thence running south 

11 80 degrees 17 minutes 42.4 seconds west 313.6 feet to 

12 a point (33) with coordinates 376314.23, 147973.99; 

13 thence running north 7 degrees 47 minutes 21.9 seconds 

14 west 776.24 feet to an end point (34) with coordinates 

15 376209.02, 148743.06; and the 18-Foot North Anchorage 

16 beginning at a point (35) with coordinates 376123.98, 

17 148744.69; thence running south 88 degrees 54 minutes 

18 16.2 seconds east 377.90 feet to a point (36) with coordi19 nates 376501.82, 148737.47; thence running north 9 de20 grees 42 minutes 19.0 seconds west 500.01 feet to a point 

21 (37) with coordinates 376417.52, 149230.32; thence run22 ning north 6 degrees 9 minutes 53.2 seconds west 

23 1,300.01 feet to an end point (38) with coordinates 

24 376277.92, 150522.81. 

mstockstill on DSK4VPTVN1PROD with BILLS

190 

•HR 3671 IH

1 (b) The area described by the following shall be redes2 ignated as an eighteen-foot channel and turning basin: Be3 ginning at a point (1) with coordinates N144759.41, 

4 E374413.16; thence running north 73 degrees 11 minutes 

5 42.9 seconds east 1,252.88 feet to a point (2) with coordi6 nates N145121.63, E375612.53; thence running north 26 

7 degrees 29 minutes 48.1 seconds east 778.89 feet to a 

8 point (3) with coordinates N145818.71, E375960.04; 

9 thence running north 0 degrees 3 minutes 38.1 seconds 

10 west 1,200.24 feet to a point (4) with coordinates 

11 N147018.94, E375958.77; thence running north 2 de12 grees 22 minutes 45.2 seconds east 854.35 feet to a point 

13 (5) with coordinates N147872.56, E375994.23; thence 

14 running north 7 degrees 47 minutes 21.9 seconds west 

15 753.83 feet to a point (6) with coordinates N148619.44, 

16 E375892.06; thence running north 88 degrees 46 minutes 

17 16.7 seconds east 281.85 feet to a point (7) with coordi18 nates N148625.48, E376173.85; thence running south 7 

19 degrees 47 minutes 21.9 seconds east 716.4 feet to a point 

20 (8) with coordinates N147915.69, E376270.94; thence 

21 running north 80 degrees 17 minutes 42.3 seconds east 

22 315.3 feet to a point (9) with coordinates N147968.85, 

23 E.76581.73; thence running south 9 degrees 42 minutes 

24 20.3 seconds east 248.07 feet to a point (10) with coordi25 nates N147724.33, E376623.55; thence running south 2 

mstockstill on DSK4VPTVN1PROD with BILLS

191 

•HR 3671 IH

1 degrees 10 minutes 43.3 seconds east 318.09 feet to a 

2 point (11) with coordinates N147406.47, E376635.64; 

3 thence running north 78 degrees 56 minutes 15.6 seconds 

4 east 571.11 feet to a point (12) with coordinates 

5 N147516.06, E377196.15; thence running south 88 de6 grees 57 minutes 2.3 seconds east 755.09 feet to a point 

7 (13) with coordinates N147502.23, E377951.11; thence 

8 running south 1 degree 2 minutes 57.7 seconds west 

9 100.00 feet to a point (14) with coordinates N147402.25, 

10 E377949.28; thence running north 88 degrees 57 minutes 

11 2.3 seconds west 744.48 feet to a point (15) with coordi12 nates N147415.88, E377204.92; thence running south 78 

13 degrees 56 minutes 15.6 seconds west 931.17 feet to a 

14 point (16) with coordinates N147237.21, E376291.06; 

15 thence running south 39 degrees 26 minutes 18.7 seconds 

16 west 208.34 feet to a point (17) with coordinates 

17 N147076.31, E376158.71; thence running south 0 de18 grees 3 minutes 38.1 seconds east 1,528.26 feet to a point 

19 (18) with coordinates N145548.05, E376160.32; thence 

20 running south 26 degrees 29 minutes 48.1 seconds west 

21 686.83 feet to a point (19) with coordinates N144933.37, 

22 E375853.90; thence running south 73 degrees 11 minutes 

23 42.9 seconds west 1,429.51 feet to end at a point (20) 

24 with coordinates N144520.08, E374485.44. 

mstockstill on DSK4VPTVN1PROD with BILLS

192 

•HR 3671 IH

1 SEC. 118. None of the funds made available to the 

2 Corps of Engineers by this Act may be used for the re3 moval or associated mitigation of Federal Energy Regu4 latory Commission Project number 2342. 

5 SEC. 119. None of the funds made available by this 

6 Act may be used for the study of the Missouri River 

7 Projects authorized in section 108 of the Energy and 

8 Water Development and Related Agencies Appropriations 

9 Act, 2009 (division C of Public Law 111–8). 

10 SEC. 120. None of the funds made available in this 

11 Act may be used to continue the study conducted by the 

12 Army Corps of Engineers pursuant to section 5018(a)(1) 

13 of the Water Resources Development Act of 2007. 

mstockstill on DSK4VPTVN1PROD with BILLS

193 

•HR 3671 IH

1 TITLE II 

2 DEPARTMENT OF THE INTERIOR 

3 CENTRAL UTAH PROJECT

4 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

5 For carrying out activities authorized by the Central 

6 Utah Project Completion Act, $27,154,000, to remain 

7 available until expended, of which $2,000,000 shall be de8 posited into the Utah Reclamation Mitigation and Con9 servation Account for use by the Utah Reclamation Miti10 gation and Conservation Commission. In addition, for nec11 essary expenses incurred in carrying out related respon12 sibilities of the Secretary of the Interior, $1,550,000. For 

13 fiscal year 2012, the Commission may use an amount not 

14 to exceed $1,500,000 for administrative expenses. 

15 BUREAU OF RECLAMATION

16 The following appropriations shall be expended to 

17 execute authorized functions of the Bureau of Reclama18 tion: 

19 WATER AND RELATED RESOURCES

20 (INCLUDING TRANSFERS OF FUNDS)

21 For management, development, and restoration of 

22 water and related natural resources and for related activi23 ties, including the operation, maintenance, and rehabilita24 tion of reclamation and other facilities, participation in 

25 fulfilling related Federal responsibilities to Native Amerimstockstill on DSK4VPTVN1PROD with BILLS

194 

•HR 3671 IH

1 cans, and related grants to, and cooperative and other 

2 agreements with, State and local governments, federally 

3 recognized Indian tribes, and others, $895,000,000, to re4 main available until expended, of which $10,698,000 shall 

5 be available for transfer to the Upper Colorado River 

6 Basin Fund and $6,136,000 shall be available for transfer 

7 to the Lower Colorado River Basin Development Fund; 

8 of which such amounts as may be necessary may be ad9 vanced to the Colorado River Dam Fund: Provided, That 

10 such transfers may be increased or decreased within the 

11 overall appropriation under this heading: Provided further, 

12 That of the total appropriated, the amount for program 

13 activities that can be financed by the Reclamation Fund 

14 or the Bureau of Reclamation special fee account estab15 lished by 16 U.S.C. 460l–6a(i) shall be derived from that 

16 Fund or account: Provided further, That funds contributed 

17 under 43 U.S.C. 395 are available until expended for the 

18 purposes for which contributed: Provided further, That 

19 funds advanced under 43 U.S.C. 397a shall be credited 

20 to this account and are available until expended for the 

21 same purposes as the sums appropriated under this head22 ing: Provided further, That of the amounts provided here23 in, funds may be used for high priority projects which 

24 shall be carried out by the Youth Conservation Corps, as 

25 authorized by 16 U.S.C. 1706. 

mstockstill on DSK4VPTVN1PROD with BILLS

195 

•HR 3671 IH

1 CENTRAL VALLEY PROJECT RESTORATION FUND

2 For carrying out the programs, projects, plans, habi3 tat restoration, improvement, and acquisition provisions of 

4 the Central Valley Project Improvement Act, $53,068,000, 

5 to be derived from such sums as may be collected in the 

6 Central Valley Project Restoration Fund pursuant to sec7 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

8 102–575, to remain available until expended: Provided, 

9 That the Bureau of Reclamation is directed to assess and 

10 collect the full amount of the additional mitigation and 

11 restoration payments authorized by section 3407(d) of 

12 Public Law 102–575: Provided further, That none of the 

13 funds made available under this heading may be used for 

14 the acquisition or leasing of water for in-stream purposes 

15 if the water is already committed to in-stream purposes 

16 by a court adopted decree or order. 

17 CALIFORNIA BAY-DELTA RESTORATION

18 (INCLUDING TRANSFERS OF FUNDS)

19 For carrying out activities authorized by the Water 

20 Supply, Reliability, and Environmental Improvement Act, 

21 consistent with plans to be approved by the Secretary of 

22 the Interior, $39,651,000, to remain available until ex23 pended, of which such amounts as may be necessary to 

24 carry out such activities may be transferred to appropriate 

25 accounts of other participating Federal agencies to carry 

mstockstill on DSK4VPTVN1PROD with BILLS

196 

•HR 3671 IH

1 out authorized purposes: Provided, That funds appro2 priated herein may be used for the Federal share of the 

3 costs of CALFED Program management: Provided fur4 ther, That the use of any funds provided to the California 

5 Bay-Delta Authority for program-wide management and 

6 oversight activities shall be subject to the approval of the 

7 Secretary of the Interior: Provided further, That CALFED 

8 implementation shall be carried out in a balanced manner 

9 with clear performance measures demonstrating concur10 rent progress in achieving the goals and objectives of the 

11 Program. 

12 POLICY AND ADMINISTRATION

13 For necessary expenses of policy, administration, and 

14 related functions in the Office of the Commissioner, the 

15 Denver office, and offices in the five regions of the Bureau 

16 of Reclamation, to remain available until September 30, 

17 2013, $60,000,000, to be derived from the Reclamation 

18 Fund and be nonreimbursable as provided in 43 U.S.C. 

19 377: Provided, That no part of any other appropriation 

20 in this Act shall be available for activities or functions 

21 budgeted as policy and administration expenses. 

22 ADMINISTRATIVE PROVISION

23 Appropriations for the Bureau of Reclamation shall 

24 be available for purchase of not to exceed five passenger 

25 motor vehicles, which are for replacement only. 

mstockstill on DSK4VPTVN1PROD with BILLS

197 

•HR 3671 IH

1 GENERAL PROVISIONS—DEPARTMENT OF THE 

2 INTERIOR 

3 SEC. 201. (a) None of the funds provided in title II 

4 of this Act for Water and Related Resources, or provided 

5 by previous appropriations Acts to the agencies or entities 

6 funded in title II of this Act for Water and Related Re7 sources that remain available for obligation or expenditure 

8 in fiscal year 2012, shall be available for obligation or ex9 penditure through a reprogramming of funds that— 

10 (1) initiates or creates a new program, project, 

11 or activity; 

12 (2) eliminates a program, project, or activity; 

13 (3) increases funds for any program, project, or 

14 activity for which funds have been denied or re15 stricted by this Act, unless prior approval is received 

16 from the Committees on Appropriations of the 

17 House of Representatives and the Senate; 

18 (4) restarts or resumes any program, project or 

19 activity for which funds are not provided in this Act, 

20 unless prior approval is received from the Commit21 tees on Appropriations of the House of Representa22 tives and the Senate; 

23 (5) transfers funds in excess of the following 

24 limits, unless prior approval is received from the 

mstockstill on DSK4VPTVN1PROD with BILLS

198 

•HR 3671 IH

1 Committees on Appropriations of the House of Rep2 resentatives and the Senate: 

3 (A) 15 percent for any program, project or 

4 activity for which $2,000,000 or more is avail5 able at the beginning of the fiscal year; or 

6 (B) $300,000 for any program, project or 

7 activity for which less than $2,000,000 is avail8 able at the beginning of the fiscal year; 

9 (6) transfers more than $500,000 from either 

10 the Facilities Operation, Maintenance, and Rehabili11 tation category or the Resources Management and 

12 Development category to any program, project, or 

13 activity in the other category, unless prior approval 

14 is received from the Committees on Appropriations 

15 of the House of Representatives and the Senate; or 

16 (7) transfers, where necessary to discharge legal 

17 obligations of the Bureau of Reclamation, more than 

18 $5,000,000 to provide adequate funds for settled 

19 contractor claims, increased contractor earnings due 

20 to accelerated rates of operations, and real estate de21 ficiency judgments, unless prior approval is received 

22 from the Committees on Appropriations of the 

23 House of Representatives and the Senate. 

mstockstill on DSK4VPTVN1PROD with BILLS

199 

•HR 3671 IH

1 (b) Subsection (a)(5) shall not apply to any transfer 

2 of funds within the Facilities Operation, Maintenance, and 

3 Rehabilitation category. 

4 (c) For purposes of this section, the term ‘‘transfer’’ 

5 means any movement of funds into or out of a program, 

6 project, or activity. 

7 (d) The Bureau of Reclamation shall submit reports 

8 on a quarterly basis to the Committees on Appropriations 

9 of the House of Representatives and the Senate detailing 

10 all the funds reprogrammed between programs, projects, 

11 activities, or categories of funding. The first quarterly re12 port shall be submitted not later than 60 days after the 

13 date of enactment of this Act. 

14 SEC. 202. (a) None of the funds appropriated or oth15 erwise made available by this Act may be used to deter16 mine the final point of discharge for the interceptor drain 

17 for the San Luis Unit until development by the Secretary 

18 of the Interior and the State of California of a plan, which 

19 shall conform to the water quality standards of the State 

20 of California as approved by the Administrator of the En21 vironmental Protection Agency, to minimize any detri22 mental effect of the San Luis drainage waters. 

23 (b) The costs of the Kesterson Reservoir Cleanup 

24 Program and the costs of the San Joaquin Valley Drain25 age Program shall be classified by the Secretary of the 

mstockstill on DSK4VPTVN1PROD with BILLS

200 

•HR 3671 IH

1 Interior as reimbursable or nonreimbursable and collected 

2 until fully repaid pursuant to the ‘‘Cleanup Program-Al3 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 

4 Repayment Plan’’ described in the report entitled ‘‘Repay5 ment Report, Kesterson Reservoir Cleanup Program and 

6 San Joaquin Valley Drainage Program, February 1995’’, 

7 prepared by the Department of the Interior, Bureau of 

8 Reclamation. Any future obligations of funds by the 

9 United States relating to, or providing for, drainage serv10 ice or drainage studies for the San Luis Unit shall be fully 

11 reimbursable by San Luis Unit beneficiaries of such serv12 ice or studies pursuant to Federal reclamation law. 

13 SEC. 203. Section 529(b)(3) of Public Law 106–541, 

14 as amended by section 115 of Public Law 109–103, is fur15 ther amended by striking ‘‘$20,000,000’’ and inserting 

16 ‘‘$30,000,000’’ in lieu thereof. 

17 SEC. 204. Section 8 of the Water Desalination Act 

18 of 1996 (42 U.S.C. 10301 note; Public Law 104–298) is 

19 amended— 

20 (1) in subsection (a), in the first sentence, by 

21 striking ‘‘2011’’ and inserting ‘‘2013’’; and 

22 (2) in subsection (b), by striking ‘‘$25,000,000 

23 for fiscal years 1997 through 2011’’ and inserting 

24 ‘‘$3,000,000 for each of fiscal years 2012 through 

25 2013’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

201 

•HR 3671 IH

1 SEC. 205. The Federal policy for addressing Califor2 nia’s water supply and environmental issues related to the 

3 Bay-Delta shall be consistent with State law, including the 

4 co-equal goals of providing a more reliable water supply 

5 for the State of California and protecting, restoring, and 

6 enhancing the Delta ecosystem. The Secretary of the Inte7 rior, the Secretary of Commerce, the Army Corps of Engi8 neers and the Environmental Protection Agency Adminis9 trator shall jointly coordinate the efforts of the relevant 

10 agencies and work with the State of California and other 

11 stakeholders to complete and issue the Bay Delta Con12 servation Plan Final Environmental Impact Statement no 

13 later than February 15, 2013. Nothing herein modifies ex14 isting requirements of Federal law. 

15 SEC. 206. The Secretary of the Interior may partici16 pate in non-Federal groundwater banking programs to in17 crease the operational flexibility, reliability, and efficient 

18 use of water in the State of California, and this participa19 tion may include making payment for the storage of Cen20 tral Valley Project water supplies, the purchase of stored 

21 water, the purchase of shares or an interest in ground 

22 banking facilities, or the use of Central Valley Project 

23 water as a medium of payment for groundwater banking 

24 services: Provided, That the Secretary of the Interior shall 

25 participate in groundwater banking programs only to the 

mstockstill on DSK4VPTVN1PROD with BILLS

202 

•HR 3671 IH

1 extent allowed under State law and consistent with water 

2 rights applicable to the Central Valley Project: Provided 

3 further, That any water user to which banked water is de4 livered shall pay for such water in the same manner pro5 vided by that water user’s then-current Central Valley 

6 Project water service, repayment, or water rights settle7 ment contract at the rate provided by the then-current 

8 Central-Valley Project Irrigation or Municipal and Indus9 trial Rate Setting Policies; and: Provided further, That in 

10 implementing this section, the Secretary of the Interior 

11 shall comply with applicable environmental laws, including 

12 the National Environmental Policy Act of 1969 (42 U.S.C. 

13 4321 et seq.) and the Endangered Species Act of 1973 

14 (16 U.S.C. 1531 et seq.) Nothing herein shall alter or 

15 limit the Secretary’s existing authority to use groundwater 

16 banking to meet existing fish and wildlife obligations. 

17 SEC. 207. (a) Subject to compliance with all applica18 ble Federal and State laws, a transfer of irrigation water 

19 among Central Valley Project contractors from the Friant, 

20 San Felipe, West San Joaquin, and Delta divisions, and 

21 a transfer from a long-term Friant Division water service 

22 or repayment contractor to a temporary or prior tem23 porary service contractors within the place of use in exist24 ence on the date of the transfer, as identified in the Bu25 reau of Reclamation water rights permits for the Friant 

mstockstill on DSK4VPTVN1PROD with BILLS

203 

•HR 3671 IH

1 Division, shall be considered to meet the conditions de2 scribed in subparagraphs (A) and (I) of section 3405(a)(1) 

3 of the Reclamation Projects Authorization and Adjust4 ment Act of 1992 (Public Law 102–575; 106 Stat. 4709). 

5 (b) The Secretary of the Interior, acting through the 

6 Director of the United States Fish and Wildlife Service 

7 and the Commissioner of the Bureau of Reclamation shall 

8 initiate and complete, on the most expedited basis prac9 ticable, programmatic environmental compliance so as to 

10 facilitate voluntary water transfers within the Central Val11 ley Project, consistent with all applicable Federal and 

12 State law. 

13 (c) Not later than 180 days after the date of enact14 ment of this Act and each of the 4 years thereafter, the 

15 Commissioner of the Bureau of Reclamation shall submit 

16 to the Committee on Appropriations of the House of Rep17 resentatives and the Committee on Appropriations of the 

18 Senate a report that describes the status of efforts to help 

19 facilitate and improve the water transfers within the Cen20 tral Valley Project and water transfers between the Cen21 tral Valley Project and other water projects in the State 

22 of California; evaluates potential effects of this Act on 

23 Federal programs, Indian tribes, Central Valley Project 

24 operations, the environment, groundwater aquifers, ref25 uges, and communities; and provides recommendations on 

mstockstill on DSK4VPTVN1PROD with BILLS

204 

•HR 3671 IH

1 ways to facilitate and improve the process for these trans2 fers. 

mstockstill on DSK4VPTVN1PROD with BILLS

205 

•HR 3671 IH

1 SEC. 208. (a) PERMITTED USES.—Section 2507(b) 

2 of the Farm Security and Rural Investment Act of 2002 

3 (43 U.S.C. 2211 note; Public Law 107–171) is amend4 ed— 

5 (1) in the matter preceding paragraph (1), by 

6 striking ‘‘In any case in which there are willing sell7 ers’’ and inserting ‘‘For the benefit of at-risk nat8 ural desert terminal lakes and associated riparian 

9 and watershed resources, in any case in which there 

10 are willing sellers or willing participants’’; 

11 (2) in paragraph (2), by striking ‘‘in the Walk12 er River’’ and all that follows through ‘‘119 Stat. 

13 2268)’’; and 

14 (3) in paragraph (3), by striking ‘‘in the Walk15 er River Basin’’. 

16 (b) WALKER BASIN RESTORATION PROGRAM.—Sec17 tion 208(b) of the Energy and Water Development and 

18 Related Agencies Appropriations Act, 2010 (Public Law 

19 111–85; 123 Stat. 2858) is amended— 

20 (1) in paragraph (1)(B)(iv), by striking ‘‘exer21 cise water rights’’ and inserting ‘‘manage land, 

22 water appurtenant to the land, and related inter23 ests’’; and 

24 (2) in paragraph (2)(A), by striking ‘‘The 

25 amount made available under subsection (a)(1) shall 

mstockstill on DSK4VPTVN1PROD with BILLS

206 

•HR 3671 IH

1 be provided to the National Fish and Wildlife Foun2 dation’’ and inserting ‘‘Any amount made available 

3 to the National Fish and Wildlife Foundation under 

4 subsection (a) shall be provided’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

207 

•HR 3671 IH

1 TITLE III 

2 DEPARTMENT OF ENERGY 

3 ENERGY PROGRAMS 

4 ENERGY EFFICIENCY AND RENEWABLE ENERGY

5 (INCLUDING RESCISSION OF FUNDS)

6 For Department of Energy expenses including the 

7 purchase, construction, and acquisition of plant and cap8 ital equipment, and other expenses necessary for energy 

9 efficiency and renewable energy activities in carrying out 

10 the purposes of the Department of Energy Organization 

11 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

12 condemnation of any real property or any facility or for 

13 plant or facility acquisition, construction, or expansion, 

14 $1,825,000,000, to remain available until expended: Pro15 vided, That $165,000,000 shall be available until Sep16 tember 30, 2013 for program direction: Provided further, 

17 That for the purposes of allocating weatherization assist18 ance funds appropriated by this Act to States and tribes, 

19 the Secretary of Energy may waive the allocation formula 

20 established pursuant to section 414(a) of the Energy Con21 servation and Production Act (42 U.S.C. 6864(a)): Pro22 vided further, That of the unobligated balances available 

23 under this heading, $9,909,000 are hereby rescinded: Pro24 vided further, That no amounts may be rescinded from 

25 amounts that were designated by the Congress as an 

mstockstill on DSK4VPTVN1PROD with BILLS

208 

•HR 3671 IH

1 emergency requirement pursuant to the Concurrent Reso2 lution on the Budget or the Balanced Budget and Emer3 gency Deficit Control Act of 1985. 

4 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

5 For Department of Energy expenses including the 

6 purchase, construction, and acquisition of plant and cap7 ital equipment, and other expenses necessary for elec8 tricity delivery and energy reliability activities in carrying 

9 out the purposes of the Department of Energy Organiza10 tion Act (42 U.S.C. 7101 et seq.), including the acquisi11 tion or condemnation of any real property or any facility 

12 or for plant or facility acquisition, construction, or expan13 sion, $139,500,000, to remain available until expended: 

14 Provided, That $27,010,000 shall be available until Sep15 tember 30, 2013 for program direction. 

16 NUCLEAR ENERGY

17 For Department of Energy expenses including the 

18 purchase, construction, and acquisition of plant and cap19 ital equipment, and other expenses necessary for nuclear 

20 energy activities in carrying out the purposes of the De21 partment of Energy Organization Act (42 U.S.C. 7101 et 

22 seq.), including the acquisition or condemnation of any 

23 real property or any facility or for plant or facility acquisi24 tion, construction, or expansion, and the purchase of not 

25 more than 10 buses, all for replacement only, 

mstockstill on DSK4VPTVN1PROD with BILLS

209 

•HR 3671 IH

1 $768,663,000, to remain available until expended: Pro2 vided, That $91,000,000 shall be available until Sep3 tember 30, 2013 for program direction. 

4 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

5 (INCLUDING RESCISSION OF FUNDS)

6 For necessary expenses in carrying out fossil energy 

7 research and development activities, under the authority 

8 of the Department of Energy Organization Act (Public 

9 Law 95–91), including the acquisition of interest, includ10 ing defeasible and equitable interests in any real property 

11 or any facility or for plant or facility acquisition or expan12 sion, and for conducting inquiries, technological investiga13 tions and research concerning the extraction, processing, 

14 use, and disposal of mineral substances without objection15 able social and environmental costs (30 U.S.C. 3, 1602, 

16 and 1603), $534,000,000, to remain available until ex17 pended: Provided, That $120,000,000 shall be available 

18 until September 30, 2013 for program direction: Provided 

19 further, That for all programs funded under Fossil Energy 

20 appropriations in this Act or any other Act, the Secretary 

21 may vest fee title or other property interests acquired 

22 under projects in any entity, including the United States: 

23 Provided further, That of prior-year balances, 

24 $187,000,000 are hereby rescinded: Provided further, 

25 That no rescission made by the previous proviso shall 

mstockstill on DSK4VPTVN1PROD with BILLS

210 

•HR 3671 IH

1 apply to any amount previously appropriated in Public 

2 Law 111–5 or designated by the Congress as an emer3 gency requirement pursuant to a concurrent resolution on 

4 the budget or the Balanced Budget and Emergency Def5 icit Control Act of 1985. 

6 NAVAL PETROLEUM AND OIL SHALE RESERVES

7 For expenses necessary to carry out naval petroleum 

8 and oil shale reserve activities, $14,909,000, to remain 

9 available until expended: Provided, That, notwithstanding 

10 any other provision of law, unobligated funds remaining 

11 from prior years shall be available for all naval petroleum 

12 and oil shale reserve activities. 

13 STRATEGIC PETROLEUM RESERVE

14 For necessary expenses for Strategic Petroleum Re15 serve facility development and operations and program 

16 management activities pursuant to the Energy Policy and 

17 Conservation Act of 1975, as amended (42 U.S.C. 6201 

18 et seq.), $192,704,000, to remain available until expended. 

19 SPR PETROLEUM ACCOUNT

20 (INCLUDING RESCISSION OF FUNDS)

21 Of the amounts deposited in the SPR Petroleum Ac22 count established under section 167 of the Energy Policy 

23 and Conservation Act (42 U.S.C. 6247) in fiscal year 

24 2011 which remain available for obligation under that sec25 tion, $500,000,000 are hereby permanently rescinded. 

mstockstill on DSK4VPTVN1PROD with BILLS

211 

•HR 3671 IH

1 NORTHEAST HOME HEATING OIL RESERVE

2 (INCLUDING RESCISSION OF FUNDS)

3 For necessary expenses for Northeast Home Heating 

4 Oil Reserve storage, operation, and management activities 

5 pursuant to the Energy Policy and Conservation Act, 

6 $10,119,000, to remain available until expended: Pro7 vided, That amounts net of the purchase of 1 million bar8 rels of petroleum distillates in fiscal year 2011; costs re9 lated to transportation, delivery, and storage; and sales 

10 of petroleum distillate from the Reserve under section 182 

11 of the Energy Policy and Conservation Act (42 U.S.C. 

12 6250a) are hereby permanently rescinded: Provided fur13 ther, That notwithstanding section 181 of the Energy Pol14 icy and Conservation Act (42 U.S.C. 6250), for fiscal year 

15 2012 and hereafter, the Reserve shall contain no more 

16 than 1 million barrels of petroleum distillate. 

17 ENERGY INFORMATION ADMINISTRATION

18 For necessary expenses in carrying out the activities 

19 of the Energy Information Administration, $105,000,000, 

20 to remain available until expended. 

21 NON-DEFENSE ENVIRONMENTAL CLEANUP

22 For Department of Energy expenses, including the 

23 purchase, construction, and acquisition of plant and cap24 ital equipment and other expenses necessary for non-de25 fense environmental cleanup activities in carrying out the 

mstockstill on DSK4VPTVN1PROD with BILLS

212 

•HR 3671 IH

1 purposes of the Department of Energy Organization Act 

2 (42 U.S.C. 7101 et seq.), including the acquisition or con3 demnation of any real property or any facility or for plant 

4 or facility acquisition, construction, or expansion, 

5 $235,721,000, to remain available until expended. 

6 URANIUM ENRICHMENT DECONTAMINATION AND

7 DECOMMISSIONING FUND

8 For necessary expenses in carrying out uranium en9 richment facility decontamination and decommissioning, 

10 remedial actions, and other activities of title II of the 

11 Atomic Energy Act of 1954, and title X, subtitle A, of 

12 the Energy Policy Act of 1992, $472,930,000, to be de13 rived from the Uranium Enrichment Decontamination and 

14 Decommissioning Fund, to remain available until ex15 pended. 

16 SCIENCE

17 For Department of Energy expenses including the 

18 purchase, construction, and acquisition of plant and cap19 ital equipment, and other expenses necessary for science 

20 activities in carrying out the purposes of the Department 

21 of Energy Organization Act (42 U.S.C. 7101 et seq.), in22 cluding the acquisition or condemnation of any real prop23 erty or facility or for plant or facility acquisition, construc24 tion, or expansion, and purchase of not more than 49 pas25 senger motor vehicles for replacement only, including one 

mstockstill on DSK4VPTVN1PROD with BILLS

213 

•HR 3671 IH

1 ambulance and one bus, $4,889,000,000, to remain avail2 able until expended: Provided, That $185,000,000 shall be 

3 available until September 30, 2013 for program direction. 

4 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

5 For necessary expenses in carrying out the activities 

6 authorized by section 5012 of the America COMPETES 

7 Act (Public Law 110–69), as amended, $275,000,000: 

8 Provided, That $20,000,000 shall be available until Sep9 tember 30, 2013 for program direction. 

10 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

11 PROGRAM

12 Such sums as are derived from amounts received 

13 from borrowers pursuant to section 1702(b)(2) of the En14 ergy Policy Act of 2005 under this heading in prior Acts, 

15 shall be collected in accordance with section 502(7) of the 

16 Congressional Budget Act of 1974: Provided, That for 

17 necessary administrative expenses to carry out this Loan 

18 Guarantee program, $38,000,000 is appropriated, to re19 main available until expended: Provided further, That 

20 $38,000,000 of the fees collected pursuant to section 

21 1702(h) of the Energy Policy Act of 2005 shall be credited 

22 as offsetting collections to this account to cover adminis23 trative expenses and shall remain available until expended, 

24 so as to result in a final fiscal year 2012 appropriation 

25 from the general fund estimated at not more than $0: Promstockstill on DSK4VPTVN1PROD with BILLS

214 

•HR 3671 IH

1 vided further, That fees collected under section 1702(h) 

2 in excess of the amount appropriated for administrative 

3 expenses shall not be available until appropriated. 

4 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

5 LOAN PROGRAM

6 For administrative expenses in carrying out the Ad7 vanced Technology Vehicles Manufacturing Loan Pro8 gram, $6,000,000, to remain available until expended. 

9 DEPARTMENTAL ADMINISTRATION

10 For salaries and expenses of the Department of En11 ergy necessary for departmental administration in car12 rying out the purposes of the Department of Energy Orga13 nization Act (42 U.S.C. 7101 et seq.), including the hire 

14 of passenger motor vehicles and official reception and rep15 resentation expenses not to exceed $30,000, 

16 $237,623,000, to remain available until September 30, 

17 2013, plus such additional amounts as necessary to cover 

18 increases in the estimated amount of cost of work for oth19 ers notwithstanding the provisions of the Anti-Deficiency 

20 Act (31 U.S.C. 1511 et seq.): Provided, That such in21 creases in cost of work are offset by revenue increases of 

22 the same or greater amount, to remain available until ex23 pended: Provided further, That moneys received by the De24 partment for miscellaneous revenues estimated to total 

25 $111,623,000 in fiscal year 2012 may be retained and 

mstockstill on DSK4VPTVN1PROD with BILLS

215 

•HR 3671 IH

1 used for operating expenses within this account, and may 

2 remain available until expended, as authorized by section 

3 201 of Public Law 95–238, notwithstanding the provisions 

4 of 31 U.S.C. 3302: Provided further, That the sum herein 

5 appropriated shall be reduced by the amount of miscella6 neous revenues received during 2012, and any related ap7 propriated receipt account balances remaining from prior 

8 years’ miscellaneous revenues, so as to result in a final 

9 fiscal year 2012 appropriation from the general fund esti10 mated at not more than $126,000,000. 

11 OFFICE OF THE INSPECTOR GENERAL

12 For necessary expenses of the Office of the Inspector 

13 General in carrying out the provisions of the Inspector 

14 General Act of 1978, as amended, $42,000,000, to remain 

15 available until expended. 

16 ATOMIC ENERGY DEFENSE ACTIVITIES 

17 NATIONAL NUCLEAR SECURITY 

18 ADMINISTRATION 

19 WEAPONS ACTIVITIES

20 For Department of Energy expenses, including the 

21 purchase, construction, and acquisition of plant and cap22 ital equipment and other incidental expenses necessary for 

23 atomic energy defense weapons activities in carrying out 

24 the purposes of the Department of Energy Organization 

25 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

mstockstill on DSK4VPTVN1PROD with BILLS

216 

•HR 3671 IH

1 condemnation of any real property or any facility or for 

2 plant or facility acquisition, construction, or expansion, 

3 the purchase of not to exceed one ambulance and one air4 craft; $7,233,997,000, to remain available until expended: 

5 Provided, That of such amount not more than 

6 $89,425,000 may be made available for the B–61 Life Ex7 tension Program until the Administrator of the National 

8 Nuclear Security Administration submits to the Commit9 tees on Appropriations of the House of Representatives 

10 and the Senate a final report on the Phase 6.2a design 

11 definition and cost study. 

12 DEFENSE NUCLEAR NONPROLIFERATION

13 (INCLUDING RESCISSION OF FUNDS)

14 For Department of Energy expenses, including the 

15 purchase, construction, and acquisition of plant and cap16 ital equipment and other incidental expenses necessary for 

17 defense nuclear nonproliferation activities, in carrying out 

18 the purposes of the Department of Energy Organization 

19 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

20 condemnation of any real property or any facility or for 

21 plant or facility acquisition, construction, or expansion, 

22 and the purchase of not to exceed one passenger motor 

23 vehicle for replacement only, $2,324,303,000, to remain 

24 available until expended: Provided, That of the unobli25 gated balances available under this heading, $21,000,000 

mstockstill on DSK4VPTVN1PROD with BILLS

217 

•HR 3671 IH

1 are hereby rescinded: Provided further, That no amounts 

2 may be rescinded from amounts that were designated by 

3 the Congress as an emergency requirement pursuant to 

4 the Concurrent Resolution on the Budget or the Balanced 

5 Budget and Emergency Deficit Control Act of 1985. 

6 NAVAL REACTORS

7 For Department of Energy expenses necessary for 

8 naval reactors activities to carry out the Department of 

9 Energy Organization Act (42 U.S.C. 7101 et seq.), includ10 ing the acquisition (by purchase, condemnation, construc11 tion, or otherwise) of real property, plant, and capital 

12 equipment, facilities, and facility expansion, 

13 $1,080,000,000, to remain available until expended: Pro14 vided, That $40,000,000 shall be available until Sep15 tember 30, 2013 for program direction. 

16 OFFICE OF THE ADMINISTRATOR

17 For necessary expenses of the Office of the Adminis18 trator in the National Nuclear Security Administration, 

19 including official reception and representation expenses 

20 not to exceed $12,000, $410,000,000, to remain available 

21 until September 30, 2013. 

mstockstill on DSK4VPTVN1PROD with BILLS

218 

•HR 3671 IH

1 ENVIRONMENTAL AND OTHER DEFENSE 

2 ACTIVITIES 

3 DEFENSE ENVIRONMENTAL CLEANUP

4 For Department of Energy expenses, including the 

5 purchase, construction, and acquisition of plant and cap6 ital equipment and other expenses necessary for atomic 

7 energy defense environmental cleanup activities in car8 rying out the purposes of the Department of Energy Orga9 nization Act (42 U.S.C. 7101 et seq.), including the acqui10 sition or condemnation of any real property or any facility 

11 or for plant or facility acquisition, construction, or expan12 sion, and the purchase of not to exceed one ambulance 

13 and one fire truck for replacement only, $5,023,000,000, 

14 to remain available until expended: Provided, That 

15 $321,628,000 shall be available until September 30, 2013 

16 for program direction. 

17 OTHER DEFENSE ACTIVITIES

18 For Department of Energy expenses, including the 

19 purchase, construction, and acquisition of plant and cap20 ital equipment and other expenses, necessary for atomic 

21 energy defense, other defense activities, and classified ac22 tivities, in carrying out the purposes of the Department 

23 of Energy Organization Act (42 U.S.C. 7101 et seq.), in24 cluding the acquisition or condemnation of any real prop25 erty or any facility or for plant or facility acquisition, conmstockstill on DSK4VPTVN1PROD with BILLS

219 

•HR 3671 IH

1 struction, or expansion, and the purchase of not to exceed 

2 10 passenger motor vehicles for replacement only, 

3 $823,364,000: Provided, That $114,086,000 shall be 

4 available until September 30, 2013 for program direction. 

5 POWER MARKETING ADMINISTRATIONS 

6 BONNEVILLE POWER ADMINISTRATION FUND

7 Expenditures from the Bonneville Power Administra8 tion Fund, established pursuant to Public Law 93–454, 

9 are approved for the Kootenai River Native Fish Con10 servation Aquaculture Program, Lolo Creek Permanent 

11 Weir Facility, and Improving Anadromous Fish produc12 tion on the Warm Springs Reservation, and, in addition, 

13 for official reception and representation expenses in an 

14 amount not to exceed $7,000. During fiscal year 2012, 

15 no new direct loan obligations may be made. 

16 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

17 ADMINISTRATION

18 For necessary expenses of operation and maintenance 

19 of power transmission facilities and of marketing electric 

20 power and energy, including transmission wheeling and 

21 ancillary services pursuant to section 5 of the Flood Con22 trol Act of 1944 (16 U.S.C. 825s), as applied to the south23 eastern power area, $8,428,000, to remain available until 

24 expended: Provided, That notwithstanding 31 U.S.C. 3302 

25 and section 5 of the Flood Control Act of 1944, up to 

mstockstill on DSK4VPTVN1PROD with BILLS

220 

•HR 3671 IH

1 $8,428,000 collected by the Southeastern Power Adminis2 tration from the sale of power and related services shall 

3 be credited to this account as discretionary offsetting col4 lections, to remain available until expended for the sole 

5 purpose of funding the annual expenses of the South6 eastern Power Administration: Provided further, That the 

7 sum herein appropriated for annual expenses shall be re8 duced as collections are received during the fiscal year so 

9 as to result in a final fiscal year 2012 appropriation esti10 mated at not more than $0: Provided further, That, not11 withstanding 31 U.S.C. 3302, up to $100,162,000 col12 lected by the Southeastern Power Administration pursu13 ant to the Flood Control Act of 1944 to recover purchase 

14 power and wheeling expenses shall be credited to this ac15 count as offsetting collections, to remain available until 

16 expended for the sole purpose of making purchase power 

17 and wheeling expenditures: Provided further, That for pur18 poses of this appropriation, annual expenses means ex19 penditures that are generally recovered in the same year 

20 that they are incurred (excluding purchase power and 

21 wheeling expenses). 

22 OPERATION AND MAINTENANCE, SOUTHWESTERN

23 POWER ADMINISTRATION

24 For necessary expenses of operation and maintenance 

25 of power transmission facilities and of marketing electric 

mstockstill on DSK4VPTVN1PROD with BILLS

221 

•HR 3671 IH

1 power and energy, for construction and acquisition of 

2 transmission lines, substations and appurtenant facilities, 

3 and for administrative expenses, including official recep4 tion and representation expenses in an amount not to ex5 ceed $1,500 in carrying out section 5 of the Flood Control 

6 Act of 1944 (16 U.S.C. 825s), as applied to the South7 western Power Administration, $45,010,000, to remain 

8 available until expended: Provided, That notwithstanding 

9 31 U.S.C. 3302 and section 5 of the Flood Control Act 

10 of 1944 (16 U.S.C. 825s), up to $33,118,000 collected 

11 by the Southwestern Power Administration from the sale 

12 of power and related services shall be credited to this ac13 count as discretionary offsetting collections, to remain 

14 available until expended, for the sole purpose of funding 

15 the annual expenses of the Southwestern Power Adminis16 tration: Provided further, That the sum herein appro17 priated for annual expenses shall be reduced as collections 

18 are received during the fiscal year so as to result in a final 

19 fiscal year 2012 appropriation estimated at not more than 

20 $11,892,000: Provided further, That, notwithstanding 31 

21 U.S.C. 3302, up to $40,000,000 collected by the South22 western Power Administration pursuant to the Flood Con23 trol Act of 1944 to recover purchase power and wheeling 

24 expenses shall be credited to this account as offsetting col25 lections, to remain available until expended for the sole 

mstockstill on DSK4VPTVN1PROD with BILLS

222 

•HR 3671 IH

1 purpose of making purchase power and wheeling expendi2 tures: Provided further, That for purposes of this appro3 priation, annual expenses means expenditures that are 

4 generally recovered in the same year that they are in5 curred (excluding purchase power and wheeling expenses). 

6 CONSTRUCTION, REHABILITATION, OPERATION AND

7 MAINTENANCE, WESTERN AREA POWER ADMINIS8 TRATION

9 For carrying out the functions authorized by title III, 

10 section 302(a)(1)(E) of the Act of August 4, 1977 (42 

11 U.S.C. 7152), and other related activities including con12 servation and renewable resources programs as author13 ized, including official reception and representation ex14 penses in an amount not to exceed $1,500; $285,900,000, 

15 to remain available until expended, of which $278,856,000 

16 shall be derived from the Department of the Interior Rec17 lamation Fund: Provided, That notwithstanding 31 U.S.C. 

18 3302, section 5 of the Flood Control Act of 1944 (16 

19 U.S.C. 825s), and section 1 of the Interior Department 

20 Appropriation Act, 1939 (43 U.S.C. 392a), up to 

21 $189,932,000 collected by the Western Area Power Ad22 ministration from the sale of power and related services 

23 shall be credited to this account as discretionary offsetting 

24 collections, to remain available until expended, for the sole 

25 purpose of funding the annual expenses of the Western 

mstockstill on DSK4VPTVN1PROD with BILLS

223 

•HR 3671 IH

1 Area Power Administration: Provided further, That the 

2 sum herein appropriated for annual expenses shall be re3 duced as collections are received during the fiscal year so 

4 as to result in a final fiscal year 2012 appropriation esti5 mated at not more than $95,968,000, of which 

6 $88,924,000 is derived from the Reclamation Fund: Pro7 vided further, That of the amount herein appropriated, not 

8 more than $3,375,000 is for deposit into the Utah Rec9 lamation Mitigation and Conservation Account pursuant 

10 to title IV of the Reclamation Projects Authorization and 

11 Adjustment Act of 1992: Provided further, That notwith12 standing 31 U.S.C. 3302, up to $306,541,000 collected 

13 by the Western Area Power Administration pursuant to 

14 the Flood Control Act of 1944 and the Reclamation 

15 Project Act of 1939 to recover purchase power and wheel16 ing expenses shall be credited to this account as offsetting 

17 collections, to remain available until expended for the sole 

18 purpose of making purchase power and wheeling expendi19 tures: Provided further, That for purposes of this appro20 priation, annual expenses means expenditures that are 

21 generally recovered in the same year that they are in22 curred (excluding purchase power and wheeling expenses). 

mstockstill on DSK4VPTVN1PROD with BILLS

224 

•HR 3671 IH

1 FALCON AND AMISTAD OPERATING AND MAINTENANCE

2 FUND

3 For operation, maintenance, and emergency costs for 

4 the hydroelectric facilities at the Falcon and Amistad 

5 Dams, $4,169,000, to remain available until expended, 

6 and to be derived from the Falcon and Amistad Operating 

7 and Maintenance Fund of the Western Area Power Ad8 ministration, as provided in section 2 of the Act of June 

9 18, 1954 (68 Stat. 255) as amended: Provided, That not10 withstanding the provisions of that Act and of 31 U.S.C. 

11 3302, up to $3,949,000 collected by the Western Area 

12 Power Administration from the sale of power and related 

13 services from the Falcon and Amistad Dams shall be cred14 ited to this account as discretionary offsetting collections, 

15 to remain available until expended for the sole purpose 

16 of funding the annual expenses of the hydroelectric facili17 ties of these Dams and associated Western Area Power 

18 Administration activities: Provided further, That the sum 

19 herein appropriated for annual expenses shall be reduced 

20 as collections are received during the fiscal year so as to 

21 result in a final fiscal year 2012 appropriation estimated 

22 at not more than $220,000: Provided further, That for 

23 purposes of this appropriation, annual expenses means ex24 penditures that are generally recovered in the same year 

25 that they are incurred. 

mstockstill on DSK4VPTVN1PROD with BILLS

225 

•HR 3671 IH

1 FEDERAL ENERGY REGULATORY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Energy Regu4 latory Commission to carry out the provisions of the De5 partment of Energy Organization Act (42 U.S.C. 7101 et 

6 seq.), including services as authorized by 5 U.S.C. 3109, 

7 the hire of passenger motor vehicles, and official reception 

8 and representation expenses not to exceed $3,000, 

9 $304,600,000, to remain available until expended: Pro10 vided, That notwithstanding any other provision of law, 

11 not to exceed $304,600,000 of revenues from fees and an12 nual charges, and other services and collections in fiscal 

13 year 2012 shall be retained and used for necessary ex14 penses in this account, and shall remain available until 

15 expended: Provided further, That the sum herein appro16 priated from the general fund shall be reduced as revenues 

17 are received during fiscal year 2012 so as to result in a 

18 final fiscal year 2012 appropriation from the general fund 

19 estimated at not more than $0. 

20 GENERAL PROVISIONS—DEPARTMENT OF 

21 ENERGY 

22 (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

23 SEC. 301. (a) No appropriation, funds, or authority 

24 made available by this title for the Department of Energy 

25 shall be used to initiate or resume any program, project, 

mstockstill on DSK4VPTVN1PROD with BILLS

226 

•HR 3671 IH

1 or activity or to prepare or initiate Requests For Proposals 

2 or similar arrangements (including Requests for 

3 Quotations, Requests for Information, and Funding Op4 portunity Announcements) for a program, project, or ac5 tivity if the program, project, or activity has not been 

6 funded by Congress. 

7 (b) The Department of Energy may not, with respect 

8 to any program, project, or activity that uses budget au9 thority made available in this title under the heading ‘‘De10 partment of Energy—Energy Programs’’, enter into a 

11 multi-year contract, award a multi-year grant, or enter 

12 into a multi-year cooperative agreement unless the con13 tract, grant, or cooperative agreement includes a clause 

14 conditioning the Federal Government’s obligation on the 

15 availability of future-year budget authority and the Sec16 retary notifies the Committees on Appropriations of the 

17 House of Representatives and the Senate at least 14 days 

18 in advance. 

19 (c) Except as provided in this section, the amounts 

20 made available by this title shall be expended as author21 ized by law for the projects and activities specified in the 

22 ‘‘Conference’’ column in the ‘‘Department of Energy’’ 

23 table included under the heading ‘‘Title III—Department 

24 of Energy’’ in the explanatory statement described in secmstockstill on DSK4VPTVN1PROD with BILLS

227 

•HR 3671 IH

1 tion 4 (in the matter preceding division A of this consoli2 dated Act). 

3 (d) The amounts made available by this title may be 

4 reprogrammed for any program, project, or activity, and 

5 the Department shall notify the Committees on Appropria6 tions of the House of Representatives and the Senate at 

7 least 30 days prior to the use of any proposed reprogram8 ming which would cause any program, project, or activity 

9 funding level to increase or decrease by more than 

10 $5,000,000 or 10 percent, whichever is less, during the 

11 time period covered by this Act. 

12 (e) Notwithstanding subsection (c), none of the funds 

13 provided in this title shall be available for obligation or 

14 expenditure through a reprogramming of funds that— 

15 (1) creates, initiates, or eliminates a program, 

16 project, or activity, 

17 (2) increases funds or personnel for any pro18 gram, project, or activity for which funds are denied 

19 or restricted by this Act, or 

20 (3) reduces funds that are directed to be used 

21 for a specific program, project, or activity by this 

22 Act. 

23 (f)(1) The Secretary of Energy may waive any re24 quirement or restriction in this section that applies to the 

25 use of funds made available for the Department of Energy 

mstockstill on DSK4VPTVN1PROD with BILLS

228 

•HR 3671 IH

1 if compliance with such requirement or restriction would 

2 pose a substantial risk to human health, the environment, 

3 welfare, or national security. 

4 (2) The Secretary of Energy shall notify the Commit5 tees on Appropriations of any waiver under paragraph (1) 

6 as soon as practicable, but not later than 3 days after the 

7 date of the activity to which a requirement or restriction 

8 would otherwise have applied. Such notice shall include an 

9 explanation of the substantial risk under paragraph (1) 

10 that permitted such waiver. 

11 SEC. 302. The unexpended balances of prior appro12 priations provided for activities in this Act may be avail13 able to the same appropriation accounts for such activities 

14 established pursuant to this title. Available balances may 

15 be merged with funds in the applicable established ac16 counts and thereafter may be accounted for as one fund 

17 for the same time period as originally enacted. 

18 SEC. 303. Funds appropriated by this or any other 

19 Act, or made available by the transfer of funds in this 

20 Act, for intelligence activities are deemed to be specifically 

21 authorized by the Congress for purposes of section 504 

22 of the National Security Act of 1947 (50 U.S.C. 414) dur23 ing fiscal year 2012 until the enactment of the Intelligence 

24 Authorization Act for fiscal year 2012. 

mstockstill on DSK4VPTVN1PROD with BILLS

229 

•HR 3671 IH

1 SEC. 304. (a) SUBMISSION TO CONGRESS.—The Sec2 retary of Energy shall submit to Congress each year, at 

3 the time that the President’s budget is submitted to Con4 gress that year under section 1105(a) of title 31, United 

5 States Code, a future-years energy program reflecting the 

6 estimated expenditures and proposed appropriations in7 cluded in that budget. Any such future-years energy pro8 gram shall cover the fiscal year with respect to which the 

9 budget is submitted and at least the four succeeding fiscal 

10 years. A future-years energy program shall be included in 

11 the fiscal year 2014 budget submission to Congress and 

12 every fiscal year thereafter. 

13 (b) ELEMENTS.—Each future-years energy program 

14 shall contain the following: 

15 (1) The estimated expenditures and proposed 

16 appropriations necessary to support programs, 

17 projects, and activities of the Secretary of Energy 

18 during the 5-fiscal year period covered by the pro19 gram, expressed in a level of detail comparable to 

20 that contained in the budget submitted by the Presi21 dent to Congress under section 1105 of title 31, 

22 United States Code. 

23 (2) The estimated expenditures and proposed 

24 appropriations shaped by high-level, prioritized pro25 gram and budgetary guidance that is consistent with 

mstockstill on DSK4VPTVN1PROD with BILLS

230 

•HR 3671 IH

1 the administration’s policies and out year budget 

2 projections and reviewed by the Department of En3 ergy’s (DOE) senior leadership to ensure that the 

4 future-years energy program is consistent and con5 gruent with previously established program and 

6 budgetary guidance. 

7 (3) A description of the anticipated workload 

8 requirements for each DOE national laboratory dur9 ing the 5-fiscal year period. 

10 (c) CONSISTENCY IN BUDGETING.— 

11 (1) The Secretary of Energy shall ensure that 

12 amounts described in subparagraph (A) of para13 graph (2) for any fiscal year are consistent with 

14 amounts described in subparagraph (B) of para15 graph (2) for that fiscal year. 

16 (2) Amounts referred to in paragraph (1) are 

17 the following: 

18 (A) The amounts specified in program and 

19 budget information submitted to Congress by 

20 the Secretary of Energy in support of expendi21 ture estimates and proposed appropriations in 

22 the budget submitted to Congress by the Presi23 dent under section 1105(a) of title 31, United 

24 States Code, for any fiscal year, as shown in 

mstockstill on DSK4VPTVN1PROD with BILLS

231 

•HR 3671 IH

1 the future-years energy program submitted pur2 suant to subsection (a). 

3 (B) The total amounts of estimated ex4 penditures and proposed appropriations nec5 essary to support the programs, projects, and 

6 activities of the administration included pursu7 ant to paragraph (5) of section 1105(a) of such 

8 title in the budget submitted to Congress under 

9 that section for any fiscal year. 

10 SEC. 305. Section 1702 of the Energy Policy Act of 

11 2005 (42 U.S.C. 16512) is amended— 

12 (1) by striking subsection (b) and inserting the 

13 following: 

14 ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBU15 TION.— 

16 ‘‘(1) IN GENERAL.—No guarantee shall be 

17 made unless— 

18 ‘‘(A) an appropriation for the cost of the 

19 guarantee has been made; 

20 ‘‘(B) the Secretary has received from the 

21 borrower a payment in full for the cost of the 

22 guarantee and deposited the payment into the 

23 Treasury; or 

24 ‘‘(C) a combination of one or more appro25 priations under subparagraph (A) and one or 

mstockstill on DSK4VPTVN1PROD with BILLS

232 

•HR 3671 IH

1 more payments from the borrower under sub2 paragraph (B) has been made that is sufficient 

3 to cover the cost of the guarantee.’’. 

4 SEC. 306. Plant or construction projects for which 

5 amounts are made available under this and subsequent ap6 propriation Acts with a current estimated cost of less than 

7 $10,000,000 are considered for purposes of section 4703 

8 of Public Law 107–314 as a plant project for which the 

9 approved total estimated cost does not exceed the minor 

10 construction threshold and for purposes of section 4704 

11 of Public Law 107–314 as a construction project with a 

12 current estimated cost of less than a minor construction 

13 threshold. 

14 SEC. 307. In section 839b(h)(10)(B) of title 16, 

15 United States Code, strike ‘‘$1,000,000’’ and insert 

16 ‘‘$2,500,000’’. 

17 SEC. 308. None of the funds made available in this 

18 title shall be used for the construction of facilities classi19 fied as high-hazard nuclear facilities under 10 CFR Part 

20 830 unless independent oversight is conducted by the Of21 fice of Health, Safety, and Security to ensure the project 

22 is in compliance with nuclear safety requirements. 

23 SEC. 309. Of the amounts appropriated in this title, 

24 $73,300,000 are hereby rescinded, to reflect savings from 

25 the contractor pay freeze instituted by the Department. 

mstockstill on DSK4VPTVN1PROD with BILLS

233 

•HR 3671 IH

1 The Department shall allocate the rescission among the 

2 appropriations made in this title. 

3 SEC. 310. None of the funds made available in this 

4 title may be used to approve critical decision-2 or critical 

5 decision-3 under Department of Energy Order 413.3B, or 

6 any successive departmental guidance, for construction 

7 projects where the total project cost exceeds 

8 $100,000,000, until a separate independent cost estimate 

9 has been developed for the project for that critical deci10 sion. 

11 SEC. 311. None of the funds made available in this 

12 title may be used to make a grant allocation, discretionary 

13 grant award, discretionary contract award, or Other 

14 Transaction Agreement, or to issue a letter of intent, to15 taling in excess of $1,000,000, or to announce publicly the 

16 intention to make such an allocation, award, or Agree17 ment, or to issue such a letter, including a contract cov18 ered by the Federal Acquisition Regulation, unless the 

19 Secretary of Energy notifies the Committees on Appro20 priations of the Senate and the House of Representatives 

21 at least 3 full business days in advance of making such 

22 an allocation, award, or Agreement, or issuing such a let23 ter: Provided, That if the Secretary of Energy determines 

24 that compliance with this section would pose a substantial 

25 risk to human life, health, or safety, an allocation, award, 

mstockstill on DSK4VPTVN1PROD with BILLS

234 

•HR 3671 IH

1 or Agreement may be made, or a letter may be issued, 

2 without advance notification, and the Secretary shall no3 tify the Committees on Appropriations of the Senate and 

4 the House of Representatives not later than 5 full business 

5 days after the date on which such an allocation, award, 

6 or Agreement is made or letter issued: Provided further, 

7 That the notification shall include the recipient of the 

8 award, the amount of the award, the fiscal year for which 

9 the funds for the award were appropriated, and the ac10 count and program from which the funds are being drawn, 

11 the title of the award, and a brief description of the activ12 ity for which the award is made. 

13 SEC. 312. (a) Any determination (including a deter14 mination made prior to the date of enactment of this Act) 

15 by the Secretary pursuant to section 3112(d)(2)(B) of the 

16 USEC Privatization Act (110 Stat. 1321–335), as amend17 ed, that the sale or transfer of uranium will not have an 

18 adverse material impact on the domestic uranium mining, 

19 conversion, or enrichment industry shall be valid for not 

20 more than 2 calendar years subsequent to such determina21 tion. 

22 (b) Not less than 30 days prior to the transfer, sale, 

23 barter, distribution, or other provision of uranium in any 

24 form for the purpose of accelerating cleanup at a Federal 

mstockstill on DSK4VPTVN1PROD with BILLS

235 

•HR 3671 IH

1 site, the Secretary shall notify the House and Senate Com2 mittees on Appropriations of the following: 

3 (1) the amount of uranium to be transferred, 

4 sold, bartered, distributed, or otherwise provided; 

5 (2) an estimate by the Secretary of the gross 

6 market value of the uranium on the expected date 

7 of the transfer, sale, barter, distribution, or other 

8 provision of the uranium; 

9 (3) the expected date of transfer, sale, barter, 

10 distribution, or other provision of the uranium; 

11 (4) the recipient of the uranium; and 

12 (5) the value of the services the Secretary ex13 pects to receive in exchange for the uranium, includ14 ing any reductions to the gross value of the uranium 

15 by the recipient. 

16 (c) Not later than June 30, 2012, the Secretary shall 

17 submit to the House and Senate Committees on Appro18 priations a revised excess uranium inventory management 

19 plan for fiscal years 2013 through 2018. 

20 (d) Not later than December 31, 2011 the Secretary 

21 shall submit to the House and Senate Committees on Ap22 propriations a report evaluating the economic feasibility 

23 of re-enriching depleted uranium located at Federal sites. 

24 SEC. 313. None of the funds made available by this 

25 Act may be used to pay the salaries of Department of Enmstockstill on DSK4VPTVN1PROD with BILLS

236 

•HR 3671 IH

1 ergy employees to carry out section 407 of division A of 

2 the American Recovery and Reinvestment Act of 2009. 

3 SEC. 314. (a) The Secretary of Energy may openly 

4 compete and issue an award to allow a third party, on 

5 a fee-for-service basis, to operate and maintain a metering 

6 station of the Strategic Petroleum Reserve that is under7 utilized (as defined in section 102–75.50 of title 41, Code 

8 of Federal Regulations (or successor regulations)) and re9 lated equipment. 

10 (b) Not later than 30 days before the issuance of such 

11 award, the Secretary of Energy shall certify to the Com12 mittees on Appropriations of the House of Representatives 

13 and the Senate that the award will not reduce the reli14 ability or accessibility of the Strategic Petroleum Reserve, 

15 raise costs of oil in the local market, or negatively impact 

16 the supply of oil to current users. 

17 (c) Funds collected under subsection (a) shall be de18 posited in the general fund of the Treasury. 

19 SEC. 315. None of the funds made available in this 

20 Act may be used— 

21 (1) to implement or enforce section 430.32(x) 

22 of title 10, Code of Federal Regulations; or 

23 (2) to implement or enforce the standards es24 tablished by the tables contained in section 

25 325(i)(1)(B) of the Energy Policy and Conservation 

mstockstill on DSK4VPTVN1PROD with BILLS

237 

•HR 3671 IH

1 Act (42 U.S.C. 6295(i)(1)(B)) with respect to 

2 BPAR incandescent reflector lamps, BR incandes3 cent reflector lamps, and ER incandescent reflector 

4 lamps. 

5 SEC. 316. Recipients of grants awarded by the De6 partment in excess of $1,000,000 shall certify that they 

7 will, by the end of the fiscal year, upgrade the efficiency 

8 of their facilities by replacing any lighting that does not 

9 meet or exceed the energy efficiency standard for incan10 descent light bulbs set forth in section 325 of the Energy 

11 Policy and Conservation Act (42 U.S.C. 6295). 

mstockstill on DSK4VPTVN1PROD with BILLS

238 

•HR 3671 IH

1 TITLE IV 

2 INDEPENDENT AGENCIES 

3 APPALACHIAN REGIONAL COMMISSION

4 For expenses necessary to carry out the programs au5 thorized by the Appalachian Regional Development Act of 

6 1965, as amended, for necessary expenses for the Federal 

7 Co-Chairman and the Alternate on the Appalachian Re8 gional Commission, for payment of the Federal share of 

9 the administrative expenses of the Commission, including 

10 services as authorized by 5 U.S.C. 3109, and hire of pas11 senger motor vehicles, $68,263,000, to remain available 

12 until expended. 

13 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

14 SALARIES AND EXPENSES

15 For necessary expenses of the Defense Nuclear Fa16 cilities Safety Board in carrying out activities authorized 

17 by the Atomic Energy Act of 1954, as amended by Public 

18 Law 100–456, section 1441, $29,130,000, to remain 

19 available until September 30, 2013: Provided, That within 

20 90 days of enactment of this Act, the Defense Nuclear 

21 Facilities Safety Board shall enter into an agreement for 

22 inspector general services with the Office of Inspector 

23 General for the Nuclear Regulatory Commission for fiscal 

24 years 2012 and 2013: Provided further, That at the expi25 ration of such agreement, the Defense Nuclear Facilities 

mstockstill on DSK4VPTVN1PROD with BILLS

239 

•HR 3671 IH

1 Safety Board shall procure inspector general services an2 nually thereafter. 

3 DELTA REGIONAL AUTHORITY

4 SALARIES AND EXPENSES

5 For necessary expenses of the Delta Regional Author6 ity and to carry out its activities, as authorized by the 

7 Delta Regional Authority Act of 2000, as amended, not8 withstanding sections 382C(b)(2), 382F(d), 382M, and 

9 382N of said Act, $11,677,000, to remain available until 

10 expended. 

11 DENALI COMMISSION

12 For expenses of the Denali Commission including the 

13 purchase, construction, and acquisition of plant and cap14 ital equipment as necessary and other expenses, 

15 $10,679,000, to remain available until expended, notwith16 standing the limitations contained in section 306(g) of the 

17 Denali Commission Act of 1998: Provided, That funds 

18 shall be available for construction projects in an amount 

19 not to exceed 80 percent of total project cost for distressed 

20 communities, as defined by section 307 of the Denali Com21 mission Act of 1998 (division C, title III, Public Law 105– 

22 277), as amended by section 701 of appendix D, title VII, 

23 Public Law 106–113 (113 Stat. 1501A–280), and an 

24 amount not to exceed 50 percent for non-distressed com25 munities. 

mstockstill on DSK4VPTVN1PROD with BILLS

240 

•HR 3671 IH

1 NORTHERN BORDER REGIONAL COMMISSION

2 For necessary expenses of the Northern Border Re3 gional Commission in carrying out activities authorized by 

4 subtitle V of title 40, United States Code, $1,497,000, to 

5 remain available until expended: Provided, That such 

6 amounts shall be available for administrative expenses, 

7 notwithstanding section 15751(b) of title 40, United 

8 States Code. 

9 SOUTHEAST CRESCENT REGIONAL COMMISSION

10 For necessary expenses of the Southeast Crescent Re11 gional Commission in carrying out activities authorized by 

12 subtitle V of title 40, United States Code, $250,000, to 

13 remain available until expended. 

14 NUCLEAR REGULATORY COMMISSION

15 SALARIES AND EXPENSES

16 For necessary expenses of the Commission in car17 rying out the purposes of the Energy Reorganization Act 

18 of 1974, as amended, and the Atomic Energy Act of 1954, 

19 as amended, including official representation expenses 

20 (not to exceed $25,000), $1,027,240,000, to remain avail21 able until expended: Provided, That of the amount appro22 priated herein, not more than $9,000,000 may be made 

23 available for salaries and other support costs for the Office 

24 of the Commission: Provided further, That revenues from 

25 licensing fees, inspection services, and other services and 

mstockstill on DSK4VPTVN1PROD with BILLS

241 

•HR 3671 IH

1 collections estimated at $899,726,000 in fiscal year 2012 

2 shall be retained and used for necessary salaries and ex3 penses in this account, notwithstanding 31 U.S.C. 3302, 

4 and shall remain available until expended: Provided fur5 ther, That the sum herein appropriated shall be reduced 

6 by the amount of revenues received during fiscal year 

7 2012 so as to result in a final fiscal year 2012 appropria8 tion estimated at not more than $127,514,000: Provided 

9 further, That of the amounts appropriated under this 

10 heading, $10,000,000 shall be for university research and 

11 development in areas relevant to their respective organiza12 tion’s mission, and $5,000,000 shall be for a Nuclear 

13 Science and Engineering Grant Program that will support 

14 multiyear projects that do not align with programmatic 

15 missions but are critical to maintaining the discipline of 

16 nuclear science and engineering. 

17 OFFICE OF INSPECTOR GENERAL

18 For necessary expenses of the Office of Inspector 

19 General in carrying out the provisions of the Inspector 

20 General Act of 1978, $10,860,000, to remain available 

21 until September 30, 2013: Provided, That revenues from 

22 licensing fees, inspection services, and other services and 

23 collections estimated at $9,774,000 in fiscal year 2012 

24 shall be retained and be available until expended, for nec25 essary salaries and expenses in this account, notwithmstockstill on DSK4VPTVN1PROD with BILLS

242 

•HR 3671 IH

1 standing section 3302 of title 31, United States Code: Pro2 vided further, That the sum herein appropriated shall be 

3 reduced by the amount of revenues received during fiscal 

4 year 2012 so as to result in a final fiscal year 2012 appro5 priation estimated at not more than $1,086,000. 

6 NUCLEAR WASTE TECHNICAL REVIEW BOARD

7 SALARIES AND EXPENSES

8 For necessary expenses of the Nuclear Waste Tech9 nical Review Board, as authorized by Public Law 100– 

10 203, section 5051, $3,400,000 to be derived from the Nu11 clear Waste Fund, and to remain available until expended. 

12 OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA

13 NATURAL GAS TRANSPORTATION PROJECTS

14 For necessary expenses for the Office of the Federal 

15 Coordinator for Alaska Natural Gas Transportation 

16 Projects pursuant to the Alaska Natural Gas Pipeline Act 

17 of 2004, $1,000,000. 

18 GENERAL PROVISIONS—INDEPENDENT 

19 AGENCIES 

20 SEC. 401. (a) None of the funds provided in this title 

21 for ‘‘Nuclear Regulatory Commission—Salaries and Ex22 penses’’ shall be available for obligation or expenditure 

23 through a reprogramming of funds that— 

mstockstill on DSK4VPTVN1PROD with BILLS

243 

•HR 3671 IH

1 (1) increases funds or personnel for any pro2 gram, project, or activity for which funds are denied 

3 or restricted by this Act; or 

4 (2) reduces funds that are directed to be used 

5 for a specific program, project, or activity by this 

6 Act. 

7 (b) The Chairman of the Nuclear Regulatory Com8 mission may not terminate any program, project, or activ9 ity without the approval of a majority vote of the Commis10 sioners of the Nuclear Regulatory Commission approving 

11 such action. 

12 (c) The Nuclear Regulatory Commission may waive 

13 the restriction on reprogramming under subsection (a) on 

14 a case-by-case basis by certifying to the Committees on 

15 Appropriations of the House of Representatives and the 

16 Senate that such action is required to address national 

17 security or imminent risks to public safety. Each such 

18 waiver certification shall include a letter from the Chair19 man of the Commission that a majority of Commissioners 

20 of the Nuclear Regulatory Commission have voted and ap21 proved the reprogramming waiver certification. 

22 SEC. 402. The Nuclear Regulatory Commission shall 

23 require reactor licensees to re-evaluate the seismic, tsu24 nami, flooding, and other external hazards at their sites 

25 against current applicable Commission requirements and 

mstockstill on DSK4VPTVN1PROD with BILLS

244 

•HR 3671 IH

1 guidance for such licenses as expeditiously as possible, and 

2 thereafter when appropriate, as determined by the Com3 mission, and require each licensee to respond to the Com4 mission that the design basis for each reactor meets the 

5 requirements of its license, current applicable Commission 

6 requirements and guidance for such license. Based upon 

7 the evaluations conducted pursuant to this section and 

8 other information it deems relevant, the Commission shall 

9 require licensees to update the design basis for each reac10 tor, if necessary. 

mstockstill on DSK4VPTVN1PROD with BILLS

245 

•HR 3671 IH

1 TITLE V 

2 GENERAL PROVISIONS 

3 SEC. 501. None of the funds appropriated by this Act 

4 may be used in any way, directly or indirectly, to influence 

5 congressional action on any legislation or appropriation 

6 matters pending before Congress, other than to commu7 nicate to Members of Congress as described in 18 U.S.C. 

8 1913. 

9 SEC. 502. None of the funds made available in this 

10 Act may be transferred to any department, agency, or in11 strumentality of the United States Government, except 

12 pursuant to a transfer made by, or transfer authority pro13 vided in this Act or any other appropriation Act. 

14 SEC. 503. None of the funds made available under 

15 this Act may be expended for any new hire by any Federal 

16 agency funded in this Act that is not verified through the 

17 E-Verify Program as described in section 403(a) of the 

18 Illegal Immigration Reform and Immigrant Responsibility 

19 Act of 1996 (8 U.S.C. 1324a note). 

20 SEC. 504. None of the funds made available by this 

21 Act may be used to enter into a contract, memorandum 

22 of understanding, or cooperative agreement with, make a 

23 grant to, or provide a loan or loan guarantee to any cor24 poration that was convicted (or had an officer or agent 

25 of such corporation acting on behalf of the corporation 

mstockstill on DSK4VPTVN1PROD with BILLS

246 

•HR 3671 IH

1 convicted) of a felony criminal violation under any Federal 

2 law within the preceding 24 months, where the awarding 

3 agency is aware of the conviction, unless the agency has 

4 considered suspension or debarment of the corporation, or 

5 such officer or agent, and made a determination that this 

6 further action is not necessary to protect the interests of 

7 the Government. 

8 SEC. 505. None of the funds made available by this 

9 Act may be used to enter into a contract, memorandum 

10 of understanding, or cooperative agreement with, make a 

11 grant to, or provide a loan or loan guarantee to, any cor12 poration that has any unpaid Federal tax liability that has 

13 been assessed, for which all judicial and administrative 

14 remedies have been exhausted or have lapsed, and that 

15 is not being paid in a timely manner pursuant to an agree16 ment with the authority responsible for collecting the tax 

17 liability, where the awarding agency is aware of the unpaid 

18 tax liability, unless the agency has considered suspension 

19 or debarment of the corporation and made a determination 

20 that this further action is not necessary to protect the in21 terests of the Government. 

22 SEC. 506. None of the funds made available by this 

23 Act may be used in contravention of Executive Order No. 

24 12898 of February 11, 1994 (‘‘Federal Actions to Address 

mstockstill on DSK4VPTVN1PROD with BILLS

247 

•HR 3671 IH

1 Environmental Justice in Minority Populations and Low2 Income Populations’’). 

3 This division may be cited as the ‘‘Energy and Water 

4 Development and Related Agencies Appropriations Act, 

5 2012’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

248 

•HR 3671 IH

1 DIVISION C—FINANCIAL SERVICES AND 

2 GENERAL GOVERNMENT APPROPRIA3 TIONS ACT, 2012 

4 TITLE I 

5 DEPARTMENT OF THE TREASURY 

6 DEPARTMENTAL OFFICES

7 SALARIES AND EXPENSES

8 For necessary expenses of the Departmental Offices 

9 including operation and maintenance of the Treasury 

10 Building and Annex; hire of passenger motor vehicles; 

11 maintenance, repairs, and improvements of, and purchase 

12 of commercial insurance policies for, real properties leased 

13 or owned overseas, when necessary for the performance 

14 of official business; terrorism and financial intelligence ac15 tivities; executive direction program activities; inter16 national affairs and economic policy activities; domestic fi17 nance and tax policy activities; and Treasury-wide man18 agement policies and programs activities, $308,388,000: 

19 Provided, That of the amount appropriated under this 

20 heading, $100,000,000 is for the Office of Terrorism and 

21 Financial Intelligence, of which not to exceed $26,608,000 

22 is available for administrative expenses: Provided further, 

23 That of the amount appropriated under this heading, not 

24 to exceed $3,000,000, to remain available until September 

25 30, 2013, is for information technology modernization remstockstill on DSK4VPTVN1PROD with BILLS

249 

•HR 3671 IH

1 quirements; not to exceed $350,000 is for official reception 

2 and representation expenses; and not to exceed $258,000 

3 is for unforeseen emergencies of a confidential nature, to 

4 be allocated and expended under the direction of the Sec5 retary of the Treasury and to be accounted for solely on 

6 his certificate: Provided further, That of the amount ap7 propriated under this heading, $6,787,000, to remain 

8 available until September 30, 2013, is for the Treasury9 wide Financial Statement Audit and Internal Control Pro10 gram: Provided further, That of the amount appropriated 

11 under this heading, $500,000, to remain available until 

12 September 30, 2013, is for secure space requirements: 

13 Provided further, That of the amount appropriated under 

14 this heading, up to $3,400,000, to remain available until 

15 September 30, 2014, is to develop and implement pro16 grams within the Office of Critical Infrastructure Protec17 tion and Compliance Policy, including entering into coop18 erative agreements: Provided further, That notwith19 standing any other provision of law, of the amount appro20 priated under this heading, up to $1,000,000 may be con21 tributed to the Organization for Economic Cooperation 

22 and Development for the Department’s participation in 

23 programs related to global tax administration. 

mstockstill on DSK4VPTVN1PROD with BILLS

250 

•HR 3671 IH

1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Inspector 

4 General in carrying out the provisions of the Inspector 

5 General Act of 1978, $29,641,000, including hire of pas6 senger motor vehicles; of which not to exceed $100,000 

7 shall be available for unforeseen emergencies of a con8 fidential nature, to be allocated and expended under the 

9 direction of the Inspector General of the Treasury; and 

10 of which not to exceed $2,500 shall be available for official 

11 reception and representation expenses. 

12 TREASURY INSPECTOR GENERAL FOR TAX

13 ADMINISTRATION

14 SALARIES AND EXPENSES

15 For necessary expenses of the Treasury Inspector 

16 General for Tax Administration in carrying out the In17 spector General Act of 1978, including purchase (not to 

18 exceed 150 for replacement only for police-type use) and 

19 hire of passenger motor vehicles (31 U.S.C. 1343(b)); 

20 services authorized by 5 U.S.C. 3109, at such rates as 

21 may be determined by the Inspector General for Tax Ad22 ministration; $151,696,000, of which not to exceed 

23 $500,000 shall be available for unforeseen emergencies of 

24 a confidential nature, to be allocated and expended under 

25 the direction of the Inspector General for Tax Administramstockstill on DSK4VPTVN1PROD with BILLS

251 

•HR 3671 IH

1 tion; and of which not to exceed $1,500 shall be available 

2 for official reception and representation expenses. 

3 SPECIAL INSPECTOR GENERAL FOR THE TROUBLED

4 ASSET RELIEF PROGRAM

5 SALARIES AND EXPENSES

6 For necessary expenses of the Office of the Special 

7 Inspector General in carrying out the provisions of the 

8 Emergency Economic Stabilization Act of 2008 (Public 

9 Law 110–343), $41,800,000. 

10 FINANCIAL CRIMES ENFORCEMENT NETWORK

11 SALARIES AND EXPENSES

12 For necessary expenses of the Financial Crimes En13 forcement Network, including hire of passenger motor ve14 hicles; travel and training expenses, including for course 

15 development, of non-Federal and foreign government per16 sonnel to attend meetings and training concerned with do17 mestic and foreign financial intelligence activities, law en18 forcement, and financial regulation; not to exceed $14,000 

19 for official reception and representation expenses; and for 

20 assistance to Federal law enforcement agencies, with or 

21 without reimbursement, $110,788,000, of which not to ex22 ceed $34,335,000 shall remain available until September 

23 30, 2014: Provided, That funds appropriated in this ac24 count may be used to procure personal services contracts. 

mstockstill on DSK4VPTVN1PROD with BILLS

252 

•HR 3671 IH

1 TREASURY FORFEITURE FUND

2 (RESCISSION)

3 Of the unobligated balances available under this 

4 heading, $950,000,000 are rescinded. 

5 FINANCIAL MANAGEMENT SERVICE

6 SALARIES AND EXPENSES

7 For necessary expenses of the Financial Management 

8 Service, $217,805,000, of which not to exceed $4,210,000 

9 shall remain available until September 30, 2014, for infor10 mation systems modernization initiatives; and of which not 

11 to exceed $2,500 shall be available for official reception 

12 and representation expenses. 

13 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

14 SALARIES AND EXPENSES

15 For necessary expenses of carrying out section 1111 

16 of the Homeland Security Act of 2002, including hire of 

17 passenger motor vehicles, $99,878,000; of which not to ex18 ceed $6,000 for official reception and representation ex19 penses; not to exceed $50,000 for cooperative research and 

20 development programs for laboratory services; and provi21 sion of laboratory assistance to State and local agencies 

22 with or without reimbursement: Provided, That of the 

23 amount appropriated under this heading, $2,000,000 shall 

24 be for the costs of special law enforcement agents to target 

25 tobacco smuggling and other criminal diversion activities. 

mstockstill on DSK4VPTVN1PROD with BILLS

253 

•HR 3671 IH

1 UNITED STATES MINT

2 UNITED STATES MINT PUBLIC ENTERPRISE FUND

3 Pursuant to section 5136 of title 31, United States 

4 Code, the United States Mint is provided funding through 

5 the United States Mint Public Enterprise Fund for costs 

6 associated with the production of circulating coins, numis7 matic coins, and protective services, including both oper8 ating expenses and capital investments. The aggregate 

9 amount of new liabilities and obligations incurred during 

10 fiscal year 2012 under such section 5136 for circulating 

11 coinage and protective service capital investments of the 

12 United States Mint shall not exceed $20,000,000. 

13 BUREAU OF THE PUBLIC DEBT

14 ADMINISTERING THE PUBLIC DEBT

15 For necessary expenses connected with any public16 debt issues of the United States, $173,635,000, of which 

17 not to exceed $2,500 shall be available for official recep18 tion and representation expenses, and of which not to ex19 ceed $10,000,000 shall remain available until September 

20 30, 2014 to reduce improper payments: Provided, That 

21 the sum appropriated herein from the general fund for fis22 cal year 2012 shall be reduced by not more than 

23 $8,000,000 as definitive security issue fees and Legacy 

24 Treasury Direct Investor Account Maintenance fees are 

25 collected, so as to result in a final fiscal year 2012 appromstockstill on DSK4VPTVN1PROD with BILLS

254 

•HR 3671 IH

1 priation from the general fund estimated at $165,635,000. 

2 In addition, $165,000 to be derived from the Oil Spill Li3 ability Trust Fund to reimburse the Bureau for adminis4 trative and personnel expenses for financial management 

5 of the Fund, as authorized by section 1012 of Public Law 

6 101–380. 

7 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

8 FUND PROGRAM ACCOUNT

9 To carry out the Community Development Banking 

10 and Financial Institutions Act of 1994 (Public Law 103– 

11 325), including services authorized by 5 U.S.C. 3109, but 

12 at rates for individuals not to exceed the per diem rate 

13 equivalent to the rate for ES–3, notwithstanding section 

14 4707(e) of title 12, United States Code with regard to 

15 Small and/or Emerging Community Development Finan16 cial Institutions Assistance awards, $221,000,000, to re17 main available until September 30, 2013; of which 

18 $12,000,000, notwithstanding section 4707(e) of title 12, 

19 United States Code, shall be for financial assistance, tech20 nical assistance, training and outreach programs, designed 

21 to benefit Native American, Native Hawaiian, and Alas22 kan Native communities and provided primarily through 

23 qualified community development lender organizations 

24 with experience and expertise in community development 

25 banking and lending in Indian country, Native American 

mstockstill on DSK4VPTVN1PROD with BILLS

255 

•HR 3671 IH

1 organizations, tribes and tribal organizations and other 

2 suitable providers; of which, notwithstanding section 

3 108(d) of such Act, up to $22,000,000 shall be for a 

4 Healthy Food Financing Initiative to provide grants and 

5 loans to community development financial institutions for 

6 the purpose of offering affordable financing and technical 

7 assistance to expand the availability of healthy food op8 tions in distressed communities; of which $18,000,000 

9 shall be for the Bank Enterprise Awards program; and 

10 of which up to $22,965,000 may be used for administra11 tive expenses, including administration of the New Mar12 kets Tax Credit; of which up to $10,315,000 may be used 

13 for the cost of direct loans; and of which up to $250,000 

14 may be used for administrative expenses to carry out the 

15 direct loan program: Provided, That the cost of direct 

16 loans, including the cost of modifying such loans, shall be 

17 as defined in section 502 of the Congressional Budget Act 

18 of 1974: Provided further, That these funds are available 

19 to subsidize gross obligations for the principal amount of 

20 direct loans not to exceed $25,000,000: Provided further, 

21 That of the funds awarded under this heading, not less 

22 than 10 percent shall be used for projects that serve popu23 lations living in persistent poverty counties (where such 

24 term is defined as any county that has had 20 percent 

25 or more of its population living in poverty over the past 

mstockstill on DSK4VPTVN1PROD with BILLS

256 

•HR 3671 IH

1 30 years, as measured by the 1990, 2000, and 2010 de2 cennial censuses). 

3 INTERNAL REVENUE SERVICE

4 TAXPAYER SERVICES

5 For necessary expenses of the Internal Revenue Serv6 ice to provide taxpayer services, including pre-filing assist7 ance and education, filing and account services, taxpayer 

8 advocacy services, and other services as authorized by 5 

9 U.S.C. 3109, at such rates as may be determined by the 

10 Commissioner, $2,239,703,000, of which not less than 

11 $5,600,000 shall be for the Tax Counseling for the Elderly 

12 Program, of which not less than $9,750,000 shall be avail13 able for low-income taxpayer clinic grants, of which not 

14 less than $12,000,000, to remain available until Sep15 tember 30, 2013, shall be available for a Community Vol16 unteer Income Tax Assistance matching grants program 

17 for tax return preparation assistance, of which not less 

18 than $205,000,000 shall be available for operating ex19 penses of the Taxpayer Advocate Service, and of which 

20 $15,481,000 shall be for expenses necessary to implement 

21 the tax credit in title II of division A of the Trade Act 

22 of 2002 (Public Law 107–210). 

23 ENFORCEMENT

24 For necessary expenses for tax enforcement activities 

25 of the Internal Revenue Service to determine and collect 

mstockstill on DSK4VPTVN1PROD with BILLS

257 

•HR 3671 IH

1 owed taxes, to provide legal and litigation support, to con2 duct criminal investigations, to enforce criminal statutes 

3 related to violations of internal revenue laws and other fi4 nancial crimes, to purchase (for police-type use, not to ex5 ceed 850) and hire passenger motor vehicles (31 U.S.C. 

6 1343(b)), and to provide other services as authorized by 

7 5 U.S.C. 3109, at such rates as may be determined by 

8 the Commissioner, $5,299,367,000, of which not less than 

9 $60,257,000 shall be for the Interagency Crime and Drug 

10 Enforcement program. 

11 OPERATIONS SUPPORT

12 For necessary expenses of the Internal Revenue Serv13 ice to support taxpayer services and enforcement pro14 grams, including rent payments; facilities services; print15 ing; postage; physical security; headquarters and other 

16 IRS-wide administration activities; research and statistics 

17 of income; telecommunications; information technology de18 velopment, enhancement, operations, maintenance, and se19 curity; the hire of passenger motor vehicles (31 U.S.C. 

20 1343(b)); and other services as authorized by 5 U.S.C. 

21 3109, at such rates as may be determined by the Commis22 sioner; $3,947,416,000, of which up to $250,000,000 shall 

23 remain available until September 30, 2013, for informa24 tion technology support; of which up to $65,000,000 shall 

25 remain available until expended for acquisition of real 

mstockstill on DSK4VPTVN1PROD with BILLS

258 

•HR 3671 IH

1 property, equipment, construction and renovation of facili2 ties; of which not to exceed $1,000,000 shall remain avail3 able until September 30, 2014, for research; of which not 

4 less than $2,000,000 shall be for the Internal Revenue 

5 Service Oversight Board; of which not to exceed $25,000 

6 shall be for official reception and representation expenses: 

7 Provided, That not later than 14 days after the end of 

8 each quarter of each fiscal year, the Internal Revenue 

9 Service shall submit a report to the House and Senate 

10 Committees on Appropriations and the Comptroller Gen11 eral of the United States detailing the cost and schedule 

12 performance for its major information technology invest13 ments, including the purpose and life-cycle stages of the 

14 investments; the reasons for any cost and schedule 

15 variances; the risks of such investments and strategies the 

16 Internal Revenue Service is using to mitigate such risks; 

17 and the expected developmental milestones to be achieved 

18 and costs to be incurred in the next quarter: Provided fur19 ther, That the Internal Revenue Service shall include, in 

20 its budget justification for fiscal year 2013, a summary 

21 of cost and schedule performance information for its major 

22 information technology systems. 

23 BUSINESS SYSTEMS MODERNIZATION

24 For necessary expenses of the Internal Revenue Serv25 ice’s business systems modernization program, 

mstockstill on DSK4VPTVN1PROD with BILLS

259 

•HR 3671 IH

1 $330,210,000, to remain available until September 30, 

2 2014, for the capital asset acquisition of information tech3 nology systems, including management and related con4 tractual costs of said acquisitions, including related Inter5 nal Revenue Service labor costs, and contractual costs as6 sociated with operations authorized by 5 U.S.C. 3109: 

7 Provided, That not later than 14 days after the end of 

8 each quarter of each fiscal year, the Internal Revenue 

9 Service shall submit a report to the House and Senate 

10 Committees on Appropriations and the Comptroller Gen11 eral of the United States detailing the cost and schedule 

12 performance for CADE2 and Modernized e-File informa13 tion technology investments, including the purposes and 

14 life-cycle stages of the investments; the reasons for any 

15 cost and schedule variances; the risks of such investments 

16 and the strategies the Internal Revenue Service is using 

17 to mitigate such risks; and the expected developmental 

18 milestones to be achieved and costs to be incurred in the 

19 next quarter. 

20 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE

21 SERVICE

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 101. Not to exceed 5 percent of any appropria24 tion made available in this Act to the Internal Revenue 

25 Service or not to exceed 3 percent of appropriations under 

mstockstill on DSK4VPTVN1PROD with BILLS

260 

•HR 3671 IH

1 the heading ‘‘Enforcement’’ may be transferred to any 

2 other Internal Revenue Service appropriation upon the ad3 vance approval of the Committees on Appropriations. 

4 SEC. 102. The Internal Revenue Service shall main5 tain a training program to ensure that Internal Revenue 

6 Service employees are trained in taxpayers’ rights, in deal7 ing courteously with taxpayers, and in cross-cultural rela8 tions. 

9 SEC. 103. The Internal Revenue Service shall insti10 tute and enforce policies and procedures that will safe11 guard the confidentiality of taxpayer information and pro12 tect taxpayers against identity theft. 

13 SEC. 104. Funds made available by this or any other 

14 Act to the Internal Revenue Service shall be available for 

15 improved facilities and increased staffing to provide suffi16 cient and effective 1–800 help line service for taxpayers. 

17 The Commissioner shall continue to make the improve18 ment of the Internal Revenue Service 1–800 help line serv19 ice a priority and allocate resources necessary to increase 

20 phone lines and staff to improve the Internal Revenue 

21 Service 1–800 help line service. 

mstockstill on DSK4VPTVN1PROD with BILLS

261 

•HR 3671 IH

1 ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE

2 TREASURY

3 (INCLUDING TRANSFERS OF FUNDS)

4 SEC. 105. Appropriations to the Department of the 

5 Treasury in this Act shall be available for uniforms or al6 lowances therefor, as authorized by law (5 U.S.C. 5901), 

7 including maintenance, repairs, and cleaning; purchase of 

8 insurance for official motor vehicles operated in foreign 

9 countries; purchase of motor vehicles without regard to the 

10 general purchase price limitations for vehicles purchased 

11 and used overseas for the current fiscal year; entering into 

12 contracts with the Department of State for the furnishing 

13 of health and medical services to employees and their de14 pendents serving in foreign countries; and services author15 ized by 5 U.S.C. 3109. 

16 SEC. 106. Not to exceed 2 percent of any appropria17 tions in this Act made available to the Departmental Of18 fices—Salaries and Expenses, Office of Inspector General, 

19 Special Inspector General for the Troubled Asset Relief 

20 Program, Financial Management Service, Alcohol and To21 bacco Tax and Trade Bureau, Financial Crimes Enforce22 ment Network, and Bureau of the Public Debt, may be 

23 transferred between such appropriations upon the advance 

24 approval of the Committees on Appropriations: Provided, 

mstockstill on DSK4VPTVN1PROD with BILLS

262 

•HR 3671 IH

1 That no transfer may increase or decrease any such appro2 priation by more than 2 percent. 

3 SEC. 107. Not to exceed 2 percent of any appropria4 tion made available in this Act to the Internal Revenue 

5 Service may be transferred to the Treasury Inspector Gen6 eral for Tax Administration’s appropriation upon the ad7 vance approval of the Committees on Appropriations: Pro8 vided, That no transfer may increase or decrease any such 

9 appropriation by more than 2 percent. 

10 SEC. 108. Of the funds available for the purchase of 

11 law enforcement vehicles, no funds may be obligated until 

12 the Secretary of the Treasury certifies that the purchase 

13 by the respective Treasury bureau is consistent with de14 partmental vehicle management principles: Provided, That 

15 the Secretary may delegate this authority to the Assistant 

16 Secretary for Management. 

17 SEC. 109. None of the funds appropriated in this Act 

18 or otherwise available to the Department of the Treasury 

19 or the Bureau of Engraving and Printing may be used 

20 to redesign the $1 Federal Reserve note. 

21 SEC. 110. The Secretary of the Treasury may trans22 fer funds from Financial Management Service, Salaries 

23 and Expenses to the Debt Collection Fund as necessary 

24 to cover the costs of debt collection: Provided, That such 

25 amounts shall be reimbursed to such salaries and expenses 

mstockstill on DSK4VPTVN1PROD with BILLS

263 

•HR 3671 IH

1 account from debt collections received in the Debt Collec2 tion Fund. 

3 SEC. 111. Section 122(g)(1) of Public Law 105–119 

4 (5 U.S.C. 3104 note), is further amended by striking ‘‘12 

5 years’’ and inserting ‘‘14 years’’. 

6 SEC. 112. None of the funds appropriated or other7 wise made available by this or any other Act may be used 

8 by the United States Mint to construct or operate any mu9 seum without the explicit approval of the Committees on 

10 Appropriations of the House of Representatives and the 

11 Senate, the House Committee on Financial Services, and 

12 the Senate Committee on Banking, Housing and Urban 

13 Affairs. 

14 SEC. 113. None of the funds appropriated or other15 wise made available by this or any other Act or source 

16 to the Department of the Treasury, the Bureau of Engrav17 ing and Printing, and the United States Mint, individually 

18 or collectively, may be used to consolidate any or all func19 tions of the Bureau of Engraving and Printing and the 

20 United States Mint without the explicit approval of the 

21 House Committee on Financial Services; the Senate Com22 mittee on Banking, Housing, and Urban Affairs; and the 

23 Committees on Appropriations of the House of Represent24 atives and the Senate. 

mstockstill on DSK4VPTVN1PROD with BILLS

264 

•HR 3671 IH

1 SEC. 114. Funds appropriated by this Act, or made 

2 available by the transfer of funds in this Act, for the De3 partment of the Treasury’s intelligence or intelligence re4 lated activities are deemed to be specifically authorized by 

5 the Congress for purposes of section 504 of the National 

6 Security Act of 1947 (50 U.S.C. 414) during fiscal year 

7 2012 until the enactment of the Intelligence Authorization 

8 Act for Fiscal Year 2012. 

9 SEC. 115. Not to exceed $5,000 shall be made avail10 able from the Bureau of Engraving and Printing’s Indus11 trial Revolving Fund for necessary official reception and 

12 representation expenses. 

13 SEC. 116. Section 5114(c) of title 31, United States 

14 Code (relating to engraving and printing currency and se15 curity documents), is amended by striking ‘‘for a period 

16 of not more than 4 years’’. 

17 SEC. 117. In the current fiscal year and each fiscal 

18 year hereafter, any person who forwards to the Bureau 

19 of Engraving and Printing a mutilated paper currency 

20 claim equal to or exceeding $10,000 for redemption will 

21 be required to provide the Bureau their taxpayer identi22 fication number. 

23 SEC. 118. Section 5318(g)(2)(A) of title 31, United 

24 States Code, is amended— 

mstockstill on DSK4VPTVN1PROD with BILLS

265 

•HR 3671 IH

1 (1) by striking clause (i) and inserting the fol2 lowing: 

3 ‘‘(i) neither the financial institution, 

4 director, officer, employee, or agent of such 

5 institution (whether or not any such per6 son is still employed by the institution), 

7 nor any other current or former director, 

8 officer, or employee of, or contractor for, 

9 the financial institution or other reporting 

10 person, may notify any person involved in 

11 the transaction that the transaction has 

12 been reported; and’’; and 

13 (2) in clause (ii)— 

14 (A) by striking ‘‘no officer or employee of’’ 

15 and inserting ‘‘no current or former officer or 

16 employee of or contractor for’’; and 

17 (B) by inserting ‘‘or for’’ before ‘‘any 

18 State’’. 

19 SEC. 119. Section 5319 of title 31, United States 

20 Code (relating to availability of reports), is amended by 

21 inserting after ‘‘title 5’’ the following: ‘‘, and may not be 

22 disclosed under any State, local, tribal, or territorial ‘free23 dom of information’, ‘open government’, or similar law’’. 

24 SEC. 120. Section 5331(a) of title 31, United States 

25 Code, is amended— 

mstockstill on DSK4VPTVN1PROD with BILLS

266 

•HR 3671 IH

1 (1) by striking paragraph (1) and inserting the 

2 following: 

3 ‘‘(1)(A) who is engaged in a trade or business, 

4 and’’; 

5 (2) by redesignating paragraph (2) as subpara6 graph (B); 

7 (3) in subparagraph (B), as so redesignated, by 

8 adding ‘‘or’’ at the end; and 

9 (4) by inserting after subparagraph (B), as so 

10 redesignated, the following new paragraph: 

11 ‘‘(2) who is required to file a report under sec12 tion 6050I(g) of the Internal Revenue Code of 

13 1986,’’. 

14 SEC. 121. The Secretary of the Treasury shall submit 

15 a Capital Investment Plan to the Committees on Appro16 priations of the Senate and the House of Representatives 

17 not later than 30 days following the submission of the an18 nual budget for the Administration submitted by the 

19 President: Provided, That such Capital Investment Plan 

20 shall include capital investment spending from all accounts 

21 within the Department of the Treasury, including but not 

22 limited to the Department-wide Systems and Capital In23 vestment Programs account, the Working Capital Fund 

24 account, and the Treasury Forfeiture Fund account: Pro25 vided further, That such Capital Investment Plan shall inmstockstill on DSK4VPTVN1PROD with BILLS

267 

•HR 3671 IH

1 clude expenditures occurring in previous fiscal years for 

2 each capital investment project that has not been fully 

3 completed. 

4 This title may be cited as the ‘‘Department of the 

5 Treasury Appropriations Act, 2012’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

268 

•HR 3671 IH

1 TITLE II 

2 EXECUTIVE OFFICE OF THE PRESIDENT AND 

3 FUNDS APPROPRIATED TO THE PRESIDENT 

4 COMPENSATION OF THE PRESIDENT

5 For compensation of the President, including an ex6 pense allowance at the rate of $50,000 per annum as au7 thorized by 3 U.S.C. 102, $450,000: Provided, That none 

8 of the funds made available for official expenses shall be 

9 expended for any other purpose and any unused amount 

10 shall revert to the Treasury pursuant to 31 U.S.C. 1552. 

11 THE WHITE HOUSE

12 SALARIES AND EXPENSES

13 For necessary expenses for the White House as au14 thorized by law, including not to exceed $3,850,000 for 

15 services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; 

16 subsistence expenses as authorized by 3 U.S.C. 105, which 

17 shall be expended and accounted for as provided in that 

18 section; hire of passenger motor vehicles, newspapers, 

19 periodicals, and travel (not to exceed $100,000 to be ex20 pended and accounted for as provided by 3 U.S.C. 103); 

21 and not to exceed $19,000 for official entertainment ex22 penses, to be available for allocation within the Executive 

23 Office of the President; and for necessary expenses of the 

24 Office of Policy Development, including services as author25 ized by 5 U.S.C. 3109 and 3 U.S.C. 107, $56,974,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

269 

•HR 3671 IH

1 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

2 OPERATING EXPENSES

3 For the care, maintenance, repair and alteration, re4 furnishing, improvement, heating, and lighting, including 

5 electric power and fixtures, of the Executive Residence at 

6 the White House and official entertainment expenses of 

7 the President, $13,425,000, to be expended and accounted 

8 for as provided by 3 U.S.C. 105, 109, 110, and 112–114. 

9 REIMBURSABLE EXPENSES

10 For the reimbursable expenses of the Executive Resi11 dence at the White House, such sums as may be nec12 essary: Provided, That all reimbursable operating expenses 

13 of the Executive Residence shall be made in accordance 

14 with the provisions of this paragraph: Provided further, 

15 That, notwithstanding any other provision of law, such 

16 amount for reimbursable operating expenses shall be the 

17 exclusive authority of the Executive Residence to incur ob18 ligations and to receive offsetting collections, for such ex19 penses: Provided further, That the Executive Residence 

20 shall require each person sponsoring a reimbursable polit21 ical event to pay in advance an amount equal to the esti22 mated cost of the event, and all such advance payments 

23 shall be credited to this account and remain available until 

24 expended: Provided further, That the Executive Residence 

25 shall require the national committee of the political party 

mstockstill on DSK4VPTVN1PROD with BILLS

270 

•HR 3671 IH

1 of the President to maintain on deposit $25,000, to be 

2 separately accounted for and available for expenses relat3 ing to reimbursable political events sponsored by such 

4 committee during such fiscal year: Provided further, That 

5 the Executive Residence shall ensure that a written notice 

6 of any amount owed for a reimbursable operating expense 

7 under this paragraph is submitted to the person owing 

8 such amount within 60 days after such expense is in9 curred, and that such amount is collected within 30 days 

10 after the submission of such notice: Provided further, That 

11 the Executive Residence shall charge interest and assess 

12 penalties and other charges on any such amount that is 

13 not reimbursed within such 30 days, in accordance with 

14 the interest and penalty provisions applicable to an out15 standing debt on a United States Government claim under 

16 31 U.S.C. 3717: Provided further, That each such amount 

17 that is reimbursed, and any accompanying interest and 

18 charges, shall be deposited in the Treasury as miscella19 neous receipts: Provided further, That the Executive Resi20 dence shall prepare and submit to the Committees on Ap21 propriations, by not later than 90 days after the end of 

22 the fiscal year covered by this Act, a report setting forth 

23 the reimbursable operating expenses of the Executive Res24 idence during the preceding fiscal year, including the total 

25 amount of such expenses, the amount of such total that 

mstockstill on DSK4VPTVN1PROD with BILLS

271 

•HR 3671 IH

1 consists of reimbursable official and ceremonial events, the 

2 amount of such total that consists of reimbursable political 

3 events, and the portion of each such amount that has been 

4 reimbursed as of the date of the report: Provided further, 

5 That the Executive Residence shall maintain a system for 

6 the tracking of expenses related to reimbursable events 

7 within the Executive Residence that includes a standard 

8 for the classification of any such expense as political or 

9 nonpolitical: Provided further, That no provision of this 

10 paragraph may be construed to exempt the Executive Res11 idence from any other applicable requirement of sub12 chapter I or II of chapter 37 of title 31, United States 

13 Code. 

14 WHITE HOUSE REPAIR AND RESTORATION

15 For the repair, alteration, and improvement of the 

16 Executive Residence at the White House, $750,000, to re17 main available until expended, for required maintenance, 

18 resolution of safety and health issues, and continued pre19 ventative maintenance. 

20 COUNCIL OF ECONOMIC ADVISERS

21 SALARIES AND EXPENSES

22 For necessary expenses of the Council of Economic 

23 Advisers in carrying out its functions under the Employ24 ment Act of 1946 (15 U.S.C. 1021 et seq.), $4,192,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

272 

•HR 3671 IH

1 NATIONAL SECURITY COUNCIL AND HOMELAND

2 SECURITY COUNCIL

3 SALARIES AND EXPENSES

4 For necessary expenses of the National Security 

5 Council and the Homeland Security Council, including 

6 services as authorized by 5 U.S.C. 3109, $13,048,000. 

7 OFFICE OF ADMINISTRATION

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of Administra10 tion, including services as authorized by 5 U.S.C. 3109 

11 and 3 U.S.C. 107, and hire of passenger motor vehicles, 

12 $112,952,000, of which $10,403,000 shall remain avail13 able until expended for continued modernization of the in14 formation technology infrastructure within the Executive 

15 Office of the President. 

16 OFFICE OF MANAGEMENT AND BUDGET

17 SALARIES AND EXPENSES

18 For necessary expenses of the Office of Management 

19 and Budget, including hire of passenger motor vehicles 

20 and services as authorized by 5 U.S.C. 3109 and to carry 

21 out the provisions of chapter 35 of title 44, United States 

22 Code, $89,456,000, of which not to exceed $3,000 shall 

23 be available for official representation expenses: Provided, 

24 That none of the funds appropriated in this Act for the 

25 Office of Management and Budget may be used for the 

mstockstill on DSK4VPTVN1PROD with BILLS

273 

•HR 3671 IH

1 purpose of reviewing any agricultural marketing orders or 

2 any activities or regulations under the provisions of the 

3 Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 

4 601 et seq.): Provided further, That none of the funds 

5 made available for the Office of Management and Budget 

6 by this Act may be expended for the altering of the tran7 script of actual testimony of witnesses, except for testi8 mony of officials of the Office of Management and Budget, 

9 before the Committees on Appropriations or their sub10 committees: Provided further, That none of the funds pro11 vided in this or prior Acts shall be used, directly or indi12 rectly, by the Office of Management and Budget, for eval13 uating or determining if water resource project or study 

14 reports submitted by the Chief of Engineers acting 

15 through the Secretary of the Army are in compliance with 

16 all applicable laws, regulations, and requirements relevant 

17 to the Civil Works water resource planning process: Pro18 vided further, That the Office of Management and Budget 

19 shall have not more than 60 days in which to perform 

20 budgetary policy reviews of water resource matters on 

21 which the Chief of Engineers has reported: Provided fur22 ther, That the Director of the Office of Management and 

23 Budget shall notify the appropriate authorizing and ap24 propriating committees when the 60-day review is initi25 ated: Provided further, That if water resource reports have 

mstockstill on DSK4VPTVN1PROD with BILLS

274 

•HR 3671 IH

1 not been transmitted to the appropriate authorizing and 

2 appropriating committees within 15 days after the end of 

3 the Office of Management and Budget review period based 

4 on the notification from the Director, Congress shall as5 sume Office of Management and Budget concurrence with 

6 the report and act accordingly. 

7 OFFICE OF NATIONAL DRUG CONTROL POLICY

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of National 

10 Drug Control Policy; for research activities pursuant to 

11 the Office of National Drug Control Policy Reauthoriza12 tion Act of 2006 (Public Law 109–469); not to exceed 

13 $10,000 for official reception and representation expenses; 

14 and for participation in joint projects or in the provision 

15 of services on matters of mutual interest with nonprofit, 

16 research, or public organizations or agencies, with or with17 out reimbursement, $24,500,000: Provided, That the Of18 fice is authorized to accept, hold, administer, and utilize 

19 gifts, both real and personal, public and private, without 

20 fiscal year limitation, for the purpose of aiding or facili21 tating the work of the Office. 

mstockstill on DSK4VPTVN1PROD with BILLS

275 

•HR 3671 IH

1 FEDERAL DRUG CONTROL PROGRAMS

2 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

3 (INCLUDING TRANSFERS OF FUNDS)

4 For necessary expenses of the Office of National 

5 Drug Control Policy’s High Intensity Drug Trafficking 

6 Areas Program, $238,522,000, to remain available until 

7 September 30, 2013, for drug control activities consistent 

8 with the approved strategy for each of the designated 

9 High Intensity Drug Trafficking Areas (‘‘HIDTAs’’), of 

10 which not less than 51 percent shall be transferred to 

11 State and local entities for drug control activities and shall 

12 be obligated not later than 120 days after enactment of 

13 this Act: Provided, That up to 49 percent may be trans14 ferred to Federal agencies and departments in amounts 

15 determined by the Director of the Office of National Drug 

16 Control Policy, of which up to $2,700,000 may be used 

17 for auditing services and associated activities (including 

18 up to $500,000 to ensure the continued operation and 

19 maintenance of the Performance Management System): 

20 Provided further, That, notwithstanding the requirements 

21 of Public Law 106–58, any unexpended funds obligated 

22 prior to fiscal year 2010 may be used for any other ap23 proved activities of that HIDTA, subject to reprogram24 ming requirements: Provided further, That each HIDTA 

25 designated as of September 30, 2011, shall be funded at 

mstockstill on DSK4VPTVN1PROD with BILLS

276 

•HR 3671 IH

1 not less than the fiscal year 2011 base level, unless the 

2 Director submits to the Committees on Appropriations of 

3 the House of Representatives and the Senate justification 

4 for changes to those levels based on clearly articulated pri5 orities and published Office of National Drug Control Pol6 icy performance measures of effectiveness: Provided fur7 ther, That the Director shall notify the Committees on Ap8 propriations of the initial allocation of fiscal year 2012 

9 funding among HIDTAs not later than 45 days after en10 actment of this Act, and shall notify the Committees of 

11 planned uses of discretionary HIDTA funding, as deter12 mined in consultation with the HIDTA Directors, not 

13 later than 90 days after enactment of this Act. 

14 OTHER FEDERAL DRUG CONTROL PROGRAMS

15 (INCLUDING TRANSFERS OF FUNDS)

16 For other drug control activities authorized by the 

17 Office of National Drug Control Policy Reauthorization 

18 Act of 2006 (Public Law 109–469), $105,550,000, to re19 main available until expended, which shall be available as 

20 follows: $92,000,000 for the Drug-Free Communities Pro21 gram, of which $2,000,000 shall be made available as di22 rected by section 4 of Public Law 107–82, as amended 

23 by Public Law 109–469 (21 U.S.C. 1521 note); 

24 $1,400,000 for drug court training and technical assist25 ance; $9,000,000 for anti-doping activities; $1,900,000 for 

mstockstill on DSK4VPTVN1PROD with BILLS

277 

•HR 3671 IH

1 the United States membership dues to the World Anti2 Doping Agency; and $1,250,000 shall be made available 

3 as directed by section 1105 of Public Law 109–469. 

4 INTEGRATED, EFFICIENT AND EFFECTIVE USES OF

5 INFORMATION TECHNOLOGY

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses for the furtherance of inte8 grated, efficient and effective uses of information tech9 nology in the Federal Government, $5,000,000, to remain 

10 available until expended: Provided, That the Director of 

11 the Office of Management and Budget may transfer these 

12 funds to one or more other agencies to carry out projects 

13 to meet these purposes: Provided further, That the Direc14 tor of the Office of Management and Budget shall submit 

15 quarterly reports to the Committees on Appropriations of 

16 the House and the Senate identifying the savings achieved 

17 by the Office of Management and Budget’s government18 wide information technology reform efforts: Provided fur19 ther, That such report shall include savings identified by 

20 fiscal year, agency and appropriation. 

21 UNANTICIPATED NEEDS

22 For expenses necessary to enable the President to 

23 meet unanticipated needs, in furtherance of the national 

24 interest, security, or defense which may arise at home or 

25 abroad during the current fiscal year, as authorized by 

mstockstill on DSK4VPTVN1PROD with BILLS

278 

•HR 3671 IH

1 3 U.S.C. 108, $988,000, to remain available until Sep2 tember 30, 2013. 

3 SPECIAL ASSISTANCE TO THE PRESIDENT

4 SALARIES AND EXPENSES

5 For necessary expenses to enable the Vice President 

6 to provide assistance to the President in connection with 

7 specially assigned functions; services as authorized by 5 

8 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex9 penses as authorized by 3 U.S.C. 106, which shall be ex10 pended and accounted for as provided in that section; and 

11 hire of passenger motor vehicles, $4,328,000. 

12 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

13 OPERATING EXPENSES

14 (INCLUDING TRANSFER OF FUNDS)

15 For the care, operation, refurnishing, improvement, 

16 and to the extent not otherwise provided for, heating and 

17 lighting, including electric power and fixtures, of the offi18 cial residence of the Vice President; the hire of passenger 

19 motor vehicles; and not to exceed $90,000 for official en20 tertainment expenses of the Vice President, to be ac21 counted for solely on his certificate, $307,000: Provided, 

22 That advances or repayments or transfers from this ap23 propriation may be made to any department or agency for 

24 expenses of carrying out such activities. 

mstockstill on DSK4VPTVN1PROD with BILLS

279 

•HR 3671 IH

1 ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF

2 THE PRESIDENT AND FUNDS APPROPRIATED TO

3 THE PRESIDENT

4 (INCLUDING TRANSFERS OF FUNDS AND RESCISSIONS)

5 SEC. 201. From funds made available in this Act 

6 under the headings ‘‘The White House’’, ‘‘Executive Resi7 dence at the White House’’, ‘‘White House Repair and 

8 Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National 

9 Security Council and Homeland Security Council’’, ‘‘Of10 fice of Administration’’, ‘‘Special Assistance to the Presi11 dent’’, and ‘‘Official Residence of the Vice President’’, the 

12 Director of the Office of Management and Budget (or 

13 such other officer as the President may designate in writ14 ing), may, 15 days after giving notice to the Committees 

15 on Appropriations of the House of Representatives and the 

16 Senate, transfer not to exceed 10 percent of any such ap17 propriation to any other such appropriation, to be merged 

18 with and available for the same time and for the same 

19 purposes as the appropriation to which transferred: Pro20 vided, That the amount of an appropriation shall not be 

21 increased by more than 50 percent by such transfers: Pro22 vided further, That no amount shall be transferred from 

23 ‘‘Special Assistance to the President’’ or ‘‘Official Resi24 dence of the Vice President’’ without the approval of the 

25 Vice President. 

mstockstill on DSK4VPTVN1PROD with BILLS

280 

•HR 3671 IH

1 SEC. 202. The Director of the Office of Management 

2 and Budget shall submit to the Committees on Appropria3 tions of the House and the Senate a report on the imple4 mentation of Executive Order 13563 (76 Fed. Reg. 3821; 

5 relating to Improving Regulation and Regulatory Review) 

6 by April 2, 2012. The report shall include information 

7 on— 

8 (a) increasing public participation in the rulemaking 

9 process and reducing uncertainty; 

10 (b) improving coordination across Federal agencies to 

11 eliminate redundant, inconsistent, and overlapping regula12 tions; and 

13 (c) identifying existing regulations that have been re14 viewed and determined to be outmoded, ineffective, or ex15 cessively burdensome. 

16 SEC. 203. Within 120 days after the date of enact17 ment of this section, the Director of the Office of Manage18 ment and Budget shall submit a report to the Committees 

19 on Appropriations of the House and the Senate on the 

20 costs of implementing the Dodd-Frank Wall Street Re21 form and Consumer Protection Act (Public Law 111– 

22 203). Such report shall include— 

23 (1) the estimated mandatory and discretionary 

24 obligations of funds through fiscal year 2014, by 

25 Federal agency and by fiscal year, including— 

mstockstill on DSK4VPTVN1PROD with BILLS

281 

•HR 3671 IH

1 (A) the estimated obligations by cost in2 puts such as rent, information technology, con3 tracts, and personnel; 

4 (B) the methodology and data sources used 

5 to calculate such estimated obligations; and 

6 (C) the specific section of such Act that re7 quires the obligation of funds; and 

8 (2) the estimated receipts through fiscal year 

9 2014 from assessments, user fees, and other fees by 

10 the Federal agency making the collections, by fiscal 

11 year, including— 

12 (A) the methodology and data sources used 

13 to calculate such estimated collections; and 

14 (B) the specific section of such Act that 

15 authorizes the collection of funds. 

16 SEC. 204. The Director of the Office of National 

17 Drug Control Policy shall submit to the Committees on 

18 Appropriations of the House of Representatives and the 

19 Senate not later than 60 days after the date of enactment 

20 of this Act, and prior to the initial obligation of more than 

21 20 percent of the funds appropriated in any account under 

22 the heading ‘‘Office of National Drug Control Policy’’, a 

23 detailed narrative and financial plan on the proposed uses 

24 of all funds under the account by program, project, and 

25 activity: Provided, That the reports required by this secmstockstill on DSK4VPTVN1PROD with BILLS

282 

•HR 3671 IH

1 tion shall be updated and submitted to the Committees 

2 on Appropriations every 6 months and shall include infor3 mation detailing how the estimates and assumptions con4 tained in previous reports have changed: Provided further, 

5 That any new projects and changes in funding of ongoing 

6 projects shall be subject to the prior approval of the Com7 mittees on Appropriations. 

8 SEC. 205. Not to exceed 2 percent of any appropria9 tions in this Act made available to the Office of National 

10 Drug Control Policy may be transferred between appro11 priated programs upon the advance approval of the Com12 mittees on Appropriations: Provided, That no transfer 

13 may increase or decrease any such appropriation by more 

14 than 3 percent. 

15 SEC. 206. Not to exceed $1,000,000 of any appro16 priations in this Act made available to the Office of Na17 tional Drug Control Policy may be reprogrammed within 

18 a program, project, or activity upon the advance approval 

19 of the Committees on Appropriations. 

20 SEC. 207. From the unobligated balances of prior 

21 year appropriations made available for the Counterdrug 

22 Technology Assessment Center, $5,244,639 are rescinded. 

23 SEC. 208. From the unobligated balances of prior 

24 year appropriations made available for Other Federal 

25 Drug Control Programs, $359,958 for a chronic users 

mstockstill on DSK4VPTVN1PROD with BILLS

283 

•HR 3671 IH

1 study and $5,723,403 for the National Anti-Drug Youth 

2 Media Campaign are rescinded. 

3 SEC. 209. Of the unobligated balances available 

4 under the heading ‘‘Executive Office of the President and 

5 Funds Appropriated to the President—Partnership Fund 

6 for Program Integrity Innovation’’ in title II of division 

7 C of the Consolidated Appropriations Act, 2010 (Public 

8 Law 111–117), $10,000,000 are rescinded. In addition to 

9 the amounts made available under such heading in this 

10 Act, $10,000,000 are appropriated, to remain available 

11 until September 30, 2013. 

12 This title may be cited as the ‘‘Executive Office of 

13 the President Appropriations Act, 2012’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

284 

•HR 3671 IH

1 TITLE III 

2 THE JUDICIARY 

3 SUPREME COURT OF THE UNITED STATES

4 SALARIES AND EXPENSES

5 For expenses necessary for the operation of the Su6 preme Court, as required by law, excluding care of the 

7 building and grounds, including purchase or hire, driving, 

8 maintenance, and operation of an automobile for the Chief 

9 Justice, not to exceed $10,000 for the purpose of trans10 porting Associate Justices, and hire of passenger motor 

11 vehicles as authorized by 31 U.S.C. 1343 and 1344; not 

12 to exceed $10,000 for official reception and representation 

13 expenses; and for miscellaneous expenses, to be expended 

14 as the Chief Justice may approve, $74,819,000, of which 

15 $2,000,000 shall remain available until expended. 

16 CARE OF THE BUILDING AND GROUNDS

17 For such expenditures as may be necessary to enable 

18 the Architect of the Capitol to carry out the duties im19 posed upon the Architect by 40 U.S.C. 6111 and 6112, 

20 $8,159,000, to remain available until expended. 

mstockstill on DSK4VPTVN1PROD with BILLS

285 

•HR 3671 IH

1 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

2 CIRCUIT

3 SALARIES AND EXPENSES

4 For salaries of the chief judge, judges, and other offi5 cers and employees, and for necessary expenses of the 

6 court, as authorized by law, $32,511,000. 

7 UNITED STATES COURT OF INTERNATIONAL TRADE

8 SALARIES AND EXPENSES

9 For salaries of the chief judge and eight judges, sala10 ries of the officers and employees of the court, services, 

11 and necessary expenses of the court, as authorized by law, 

12 $21,447,000. 

13 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

14 JUDICIAL SERVICES

15 SALARIES AND EXPENSES

16 For the salaries of circuit and district judges (includ17 ing judges of the territorial courts of the United States), 

18 justices and judges retired from office or from regular ac19 tive service, judges of the United States Court of Federal 

20 Claims, bankruptcy judges, magistrate judges, and all 

21 other officers and employees of the Federal Judiciary not 

22 otherwise specifically provided for, necessary expenses of 

23 the courts, and the purchase, rental, repair, and cleaning 

24 of uniforms for Probation and Pretrial Services Office 

25 staff, as authorized by law, $5,015,000,000 (including the 

mstockstill on DSK4VPTVN1PROD with BILLS

286 

•HR 3671 IH

1 purchase of firearms and ammunition); of which not to 

2 exceed $27,817,000 shall remain available until expended 

3 for space alteration projects and for furniture and fur4 nishings related to new space alteration and construction 

5 projects. 

6 In addition, for expenses of the United States Court 

7 of Federal Claims associated with processing cases under 

8 the National Childhood Vaccine Injury Act of 1986 (Pub9 lic Law 99–660), not to exceed $5,000,000, to be appro10 priated from the Vaccine Injury Compensation Trust 

11 Fund. 

12 DEFENDER SERVICES

13 For the operation of Federal Defender organizations; 

14 the compensation and reimbursement of expenses of attor15 neys appointed to represent persons under 18 U.S.C. 

16 3006A and 3599, and for the compensation and reim17 bursement of expenses of persons furnishing investigative, 

18 expert, and other services for such representations as au19 thorized by law; the compensation (in accordance with the 

20 maximums under 18 U.S.C. 3006A) and reimbursement 

21 of expenses of attorneys appointed to assist the court in 

22 criminal cases where the defendant has waived representa23 tion by counsel; the compensation and reimbursement of 

24 expenses of attorneys appointed to represent jurors in civil 

25 actions for the protection of their employment, as authormstockstill on DSK4VPTVN1PROD with BILLS

287 

•HR 3671 IH

1 ized by 28 U.S.C. 1875(d)(1); the compensation and reim2 bursement of expenses of attorneys appointed under 18 

3 U.S.C. 983(b)(1) in connection with certain judicial civil 

4 forfeiture proceedings; the compensation and reimburse5 ment of travel expenses of guardians ad litem appointed 

6 under 18 U.S.C. 4100(b); and for necessary training and 

7 general administrative expenses, $1,031,000,000, to re8 main available until expended. 

9 FEES OF JURORS AND COMMISSIONERS

10 For fees and expenses of jurors as authorized by 28 

11 U.S.C. 1871 and 1876; compensation of jury commis12 sioners as authorized by 28 U.S.C. 1863; and compensa13 tion of commissioners appointed in condemnation cases 

14 pursuant to rule 71.1(h) of the Federal Rules of Civil Pro15 cedure (28 U.S.C. Appendix Rule 71.1(h)), $51,908,000, 

16 to remain available until expended: Provided, That the 

17 compensation of land commissioners shall not exceed the 

18 daily equivalent of the highest rate payable under 5 U.S.C. 

19 5332. 

20 COURT SECURITY

21 (INCLUDING TRANSFERS OF FUNDS)

22 For necessary expenses, not otherwise provided for, 

23 incident to the provision of protective guard services for 

24 United States courthouses and other facilities housing 

25 Federal court operations, and the procurement, installamstockstill on DSK4VPTVN1PROD with BILLS

288 

•HR 3671 IH

1 tion, and maintenance of security systems and equipment 

2 for United States courthouses and other facilities housing 

3 Federal court operations, including building ingress-egress 

4 control, inspection of mail and packages, directed security 

5 patrols, perimeter security, basic security services provided 

6 by the Federal Protective Service, and other similar activi7 ties as authorized by section 1010 of the Judicial Improve8 ment and Access to Justice Act (Public Law 100–702), 

9 $500,000,000, of which not to exceed $15,000,000 shall 

10 remain available until expended, to be expended directly 

11 or transferred to the United States Marshals Service, 

12 which shall be responsible for administering the Judicial 

13 Facility Security Program consistent with standards or 

14 guidelines agreed to by the Director of the Administrative 

15 Office of the United States Courts and the Attorney Gen16 eral. 

17 ADMINISTRATIVE OFFICE OF THE UNITED STATES

18 COURTS

19 SALARIES AND EXPENSES

20 For necessary expenses of the Administrative Office 

21 of the United States Courts as authorized by law, includ22 ing travel as authorized by 31 U.S.C. 1345, hire of a pas23 senger motor vehicle as authorized by 31 U.S.C. 1343(b), 

24 advertising and rent in the District of Columbia and elsemstockstill on DSK4VPTVN1PROD with BILLS

289 

•HR 3671 IH

1 where, $82,909,000, of which not to exceed $8,500 is au2 thorized for official reception and representation expenses. 

3 FEDERAL JUDICIAL CENTER

4 SALARIES AND EXPENSES

5 For necessary expenses of the Federal Judicial Cen6 ter, as authorized by Public Law 90–219, $27,000,000; 

7 of which $1,800,000 shall remain available through Sep8 tember 30, 2013, to provide education and training to 

9 Federal court personnel; and of which not to exceed 

10 $1,500 is authorized for official reception and representa11 tion expenses. 

12 JUDICIAL RETIREMENT FUNDS

13 PAYMENT TO JUDICIARY TRUST FUNDS

14 For payment to the Judicial Officers’ Retirement 

15 Fund, as authorized by 28 U.S.C. 377(o), $86,968,000; 

16 to the Judicial Survivors’ Annuities Fund, as authorized 

17 by 28 U.S.C. 376(c), $12,600,000; and to the United 

18 States Court of Federal Claims Judges’ Retirement Fund, 

19 as authorized by 28 U.S.C. 178(l), $4,200,000. 

20 UNITED STATES SENTENCING COMMISSION

21 SALARIES AND EXPENSES

22 For the salaries and expenses necessary to carry out 

23 the provisions of chapter 58 of title 28, United States 

24 Code, $16,500,000, of which not to exceed $1,000 is au25 thorized for official reception and representation expenses. 

mstockstill on DSK4VPTVN1PROD with BILLS

290 

•HR 3671 IH

1 ADMINISTRATIVE PROVISIONS—THE JUDICIARY

2 (INCLUDING TRANSFER OF FUNDS)

3 SEC. 301. Appropriations and authorizations made in 

4 this title which are available for salaries and expenses shall 

5 be available for services as authorized by 5 U.S.C. 3109. 

6 SEC. 302. Not to exceed 5 percent of any appropria7 tion made available for the current fiscal year for the Judi8 ciary in this Act may be transferred between such appro9 priations, but no such appropriation, except ‘‘Courts of 

10 Appeals, District Courts, and Other Judicial Services, De11 fender Services’’ and ‘‘Courts of Appeals, District Courts, 

12 and Other Judicial Services, Fees of Jurors and Commis13 sioners’’, shall be increased by more than 10 percent by 

14 any such transfers: Provided, That any transfer pursuant 

15 to this section shall be treated as a reprogramming of 

16 funds under sections 604 and 608 of this Act and shall 

17 not be available for obligation or expenditure except in 

18 compliance with the procedures set forth in section 608. 

19 SEC. 303. Notwithstanding any other provision of 

20 law, the salaries and expenses appropriation for ‘‘Courts 

21 of Appeals, District Courts, and Other Judicial Services’’ 

22 shall be available for official reception and representation 

23 expenses of the Judicial Conference of the United States: 

24 Provided, That such available funds shall not exceed 

25 $11,000 and shall be administered by the Director of the 

mstockstill on DSK4VPTVN1PROD with BILLS

291 

•HR 3671 IH

1 Administrative Office of the United States Courts in the 

2 capacity as Secretary of the Judicial Conference. 

3 SEC. 304. Section 3314(a) of title 40, United States 

4 Code, shall be applied by substituting ‘‘Federal’’ for ‘‘exec5 utive’’ each place it appears. 

6 SEC. 305. In accordance with 28 U.S.C. 561–569, 

7 and notwithstanding any other provision of law, the 

8 United States Marshals Service shall provide, for such 

9 courthouses as its Director may designate in consultation 

10 with the Director of the Administrative Office of the 

11 United States Courts, for purposes of a pilot program, the 

12 security services that 40 U.S.C. 1315 authorizes the De13 partment of Homeland Security to provide, except for the 

14 services specified in 40 U.S.C. 1315(b)(2)(E). For build15 ing-specific security services at these courthouses, the Di16 rector of the Administrative Office of the United States 

17 Courts shall reimburse the United States Marshals Service 

18 rather than the Department of Homeland Security. 

19 SEC. 306. Section 203(c) of the Judicial Improve20 ments Act of 1990 (Public Law 101–650; 28 U.S.C. 133 

21 note), is amended— 

22 (1) in the third sentence (relating to the Dis23 trict of Kansas), by striking ‘‘20 years’’ and insert24 ing ‘‘21 years’’; and 

mstockstill on DSK4VPTVN1PROD with BILLS

292 

•HR 3671 IH

1 (2) in the seventh sentence (related to the Dis2 trict of Hawaii), by striking ‘‘17 years’’ and insert3 ing ‘‘18 years’’. 

4 This title may be cited as the ‘‘Judiciary Appropria5 tions Act, 2012’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

293 

•HR 3671 IH

1 TITLE IV 

2 DISTRICT OF COLUMBIA 

3 FEDERAL FUNDS

4 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

5 For a Federal payment to the District of Columbia, 

6 to be deposited into a dedicated account, for a nationwide 

7 program to be administered by the Mayor, for District of 

8 Columbia resident tuition support, $30,000,000, to remain 

9 available until expended: Provided, That such funds, in10 cluding any interest accrued thereon, may be used on be11 half of eligible District of Columbia residents to pay an 

12 amount based upon the difference between in-State and 

13 out-of-State tuition at public institutions of higher edu14 cation, or to pay up to $2,500 each year at eligible private 

15 institutions of higher education: Provided further, That the 

16 awarding of such funds may be prioritized on the basis 

17 of a resident’s academic merit, the income and need of 

18 eligible students and such other factors as may be author19 ized: Provided further, That the District of Columbia gov20 ernment shall maintain a dedicated account for the Resi21 dent Tuition Support Program that shall consist of the 

22 Federal funds appropriated to the Program in this Act 

23 and any subsequent appropriations, any unobligated bal24 ances from prior fiscal years, and any interest earned in 

25 this or any fiscal year: Provided further, That the account 

mstockstill on DSK4VPTVN1PROD with BILLS

294 

•HR 3671 IH

1 shall be under the control of the District of Columbia 

2 Chief Financial Officer, who shall use those funds solely 

3 for the purposes of carrying out the Resident Tuition Sup4 port Program: Provided further, That the Office of the 

5 Chief Financial Officer shall provide a quarterly financial 

6 report to the Committees on Appropriations of the House 

7 of Representatives and the Senate for these funds show8 ing, by object class, the expenditures made and the pur9 pose therefor. 

10 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND

11 SECURITY COSTS IN THE DISTRICT OF COLUMBIA

12 For a Federal payment of necessary expenses, as de13 termined by the Mayor of the District of Columbia in writ14 ten consultation with the elected county or city officials 

15 of surrounding jurisdictions, $14,900,000, to remain 

16 available until expended and in addition any funds that 

17 remain available from prior year appropriations under this 

18 heading for the District of Columbia Government, for the 

19 costs of providing public safety at events related to the 

20 presence of the national capital in the District of Colum21 bia, including support requested by the Director of the 

22 United States Secret Service Division in carrying out pro23 tective duties under the direction of the Secretary of 

24 Homeland Security, and for the costs of providing support 

25 to respond to immediate and specific terrorist threats or 

mstockstill on DSK4VPTVN1PROD with BILLS

295 

•HR 3671 IH

1 attacks in the District of Columbia or surrounding juris2 dictions. 

3 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

4 COURTS

5 For salaries and expenses for the District of Colum6 bia Courts, $232,841,000 to be allocated as follows: for 

7 the District of Columbia Court of Appeals, $12,830,000, 

8 of which not to exceed $2,500 is for official reception and 

9 representation expenses; for the District of Columbia Su10 perior Court, $114,209,000, of which not to exceed $2,500 

11 is for official reception and representation expenses; for 

12 the District of Columbia Court System, $66,712,000, of 

13 which not to exceed $2,500 is for official reception and 

14 representation expenses; and $39,090,000, to remain 

15 available until September 30, 2013, for capital improve16 ments for District of Columbia courthouse facilities: Pro17 vided, That funds made available for capital improvements 

18 shall be expended consistent with the District of Columbia 

19 Courts master plan study and building evaluation report: 

20 Provided further, That notwithstanding any other provi21 sion of law, all amounts under this heading shall be appor22 tioned quarterly by the Office of Management and Budget 

23 and obligated and expended in the same manner as funds 

24 appropriated for salaries and expenses of other Federal 

25 agencies: Provided further, That 30 days after providing 

mstockstill on DSK4VPTVN1PROD with BILLS

296 

•HR 3671 IH

1 written notice to the Committees on Appropriations of the 

2 House of Representatives and the Senate, the District of 

3 Columbia Courts may reallocate not more than 

4 $3,000,000 of the funds provided under this heading 

5 among the items and entities funded under this heading 

6 but no such allocation shall be increased by more than 

7 10 percent. 

8 FEDERAL PAYMENT FOR DEFENDER SERVICES IN

9 DISTRICT OF COLUMBIA COURTS

10 (INCLUDING TRANSFER OF FUNDS)

11 For payments authorized under section 11–2604 and 

12 section 11–2605, D.C. Official Code (relating to represen13 tation provided under the District of Columbia Criminal 

14 Justice Act), payments for counsel appointed in pro15 ceedings in the Family Court of the Superior Court of the 

16 District of Columbia under chapter 23 of title 16, D.C. 

17 Official Code, or pursuant to contractual agreements to 

18 provide guardian ad litem representation, training, tech19 nical assistance, and such other services as are necessary 

20 to improve the quality of guardian ad litem representation, 

21 payments for counsel appointed in adoption proceedings 

22 under chapter 3 of title 16, D.C. Official Code, and pay23 ments authorized under section 21–2060, D.C. Official 

24 Code (relating to services provided under the District of 

25 Columbia Guardianship, Protective Proceedings, and Dumstockstill on DSK4VPTVN1PROD with BILLS

297 

•HR 3671 IH

1 rable Power of Attorney Act of 1986), $55,000,000, to 

2 remain available until expended: Provided, That funds pro3 vided under this heading shall be administered by the 

4 Joint Committee on Judicial Administration in the Dis5 trict of Columbia: Provided further, That notwithstanding 

6 any other provision of law, this appropriation shall be ap7 portioned quarterly by the Office of Management and 

8 Budget and obligated and expended in the same manner 

9 as funds appropriated for expenses of other Federal agen10 cies: Provided further, That not more than $10,000,000 

11 of the funds provided in this account may be transferred 

12 to, and merged with, funds made available under the head13 ing ‘‘Federal Payment to the District of Columbia Courts’’ 

14 for District of Columbia courthouse facilities. 

15 FEDERAL PAYMENT TO THE COURT SERVICES AND OF16 FENDER SUPERVISION AGENCY FOR THE DISTRICT

17 OF COLUMBIA

18 For salaries and expenses, including the transfer and 

19 hire of motor vehicles, of the Court Services and Offender 

20 Supervision Agency for the District of Columbia, as au21 thorized by the National Capital Revitalization and Self22 Government Improvement Act of 1997, $212,983,000, of 

23 which not to exceed $2,000 is for official reception and 

24 representation expenses related to Community Supervision 

25 and Pretrial Services Agency programs; of which not to 

mstockstill on DSK4VPTVN1PROD with BILLS

298 

•HR 3671 IH

1 exceed $25,000 is for dues and assessments relating to 

2 the implementation of the Court Services and Offender 

3 Supervision Agency Interstate Supervision Act of 2002; 

4 of which $1,000,000 shall remain available until Sep5 tember 30, 2014 for relocation of the Pretrial Services 

6 Agency drug testing laboratory; of which $153,548,000 

7 shall be for necessary expenses of Community Supervision 

8 and Sex Offender Registration, to include expenses relat9 ing to the supervision of adults subject to protection or10 ders or the provision of services for or related to such per11 sons; of which $59,435,000 shall be available to the Pre12 trial Services Agency: Provided, That notwithstanding any 

13 other provision of law, all amounts under this heading 

14 shall be apportioned quarterly by the Office of Manage15 ment and Budget and obligated and expended in the same 

16 manner as funds appropriated for salaries and expenses 

17 of other Federal agencies: Provided further, That not less 

18 than $1,500,000 shall be available for re-entrant housing 

19 in the District of Columbia: Provided further, That the Di20 rector is authorized to accept and use gifts in the form 

21 of in-kind contributions of space and hospitality to support 

22 offender and defendant programs, and equipment and vo23 cational training services to educate and train offenders 

24 and defendants: Provided further, That the Director shall 

25 keep accurate and detailed records of the acceptance and 

mstockstill on DSK4VPTVN1PROD with BILLS

299 

•HR 3671 IH

1 use of any gift or donation under the previous proviso, 

2 and shall make such records available for audit and public 

3 inspection: Provided further, That the Court Services and 

4 Offender Supervision Agency Director is authorized to ac5 cept and use reimbursement from the District of Columbia 

6 Government for space and services provided on a cost re7 imbursable basis. 

8 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

9 PUBLIC DEFENDER SERVICE

10 For salaries and expenses, including the transfer and 

11 hire of motor vehicles, of the District of Columbia Public 

12 Defender Service, as authorized by the National Capital 

13 Revitalization and Self-Government Improvement Act of 

14 1997, $37,241,000: Provided, That notwithstanding any 

15 other provision of law, all amounts under this heading 

16 shall be apportioned quarterly by the Office of Manage17 ment and Budget and obligated and expended in the same 

18 manner as funds appropriated for salaries and expenses 

19 of Federal agencies. 

20 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

21 WATER AND SEWER AUTHORITY

22 For a Federal payment to the District of Columbia 

23 Water and Sewer Authority, $15,000,000, to remain avail24 able until expended, to continue implementation of the 

25 Combined Sewer Overflow Long-Term Plan: Provided, 

mstockstill on DSK4VPTVN1PROD with BILLS

300 

•HR 3671 IH

1 That the District of Columbia Water and Sewer Authority 

2 provides a 100 percent match for this payment. 

3 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE

4 COORDINATING COUNCIL

5 For a Federal payment to the Criminal Justice Co6 ordinating Council, $1,800,000, to remain available until 

7 expended, to support initiatives related to the coordination 

8 of Federal and local criminal justice resources in the Dis9 trict of Columbia. 

10 FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS

11 For a Federal payment, to remain available until 

12 September 30, 2013, to the Commission on Judicial Dis13 abilities and Tenure, $295,000, and for the Judicial Nomi14 nation Commission, $205,000. 

15 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

16 For a Federal payment for a school improvement pro17 gram in the District of Columbia, $60,000,000, to remain 

18 available until expended, for payments authorized under 

19 the Scholarship for Opportunity and Results Act (division 

20 C of Public Law 112–10). 

21 FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA

22 NATIONAL GUARD

23 For a Federal payment to the District of Columbia 

24 National Guard, $375,000, to remain available until ex25 pended for the Major General David F. Wherley, Jr. Dismstockstill on DSK4VPTVN1PROD with BILLS

301 

•HR 3671 IH

1 trict of Columbia National Guard Retention and College 

2 Access Program. 

3 FEDERAL PAYMENT FOR TESTING AND TREATMENT OF

4 HIV/AIDS

5 For a Federal payment to the District of Columbia 

6 for the testing of individuals for, and the treatment of in7 dividuals with, human immunodeficiency virus and ac8 quired immunodeficiency syndrome in the District of Co9 lumbia, $5,000,000. 

10 DISTRICT OF COLUMBIA FUNDS

11 The following amounts are appropriated for the Dis12 trict of Columbia for the current fiscal year out of the 

13 General Fund of the District of Columbia (‘‘General 

14 Fund’’), except as otherwise specifically provided: Pro15 vided, That notwithstanding any other provision of law, 

16 except as provided in section 450A of the District of Co17 lumbia Home Rule Act, (114 Stat. 2440; D.C. Official 

18 Code, section 1–204.50a) and provisions of this Act, the 

19 total amount appropriated in this Act for operating ex20 penses for the District of Columbia for fiscal year 2012 

21 under this heading shall not exceed the lesser of the sum 

22 of the total revenues of the District of Columbia for such 

23 fiscal year or $10,916,966,000 (of which $6,208,646,000 

24 shall be from local funds, (including $526,594,000 from 

25 dedicated taxes), $1,015,449,000 shall be from Federal 

mstockstill on DSK4VPTVN1PROD with BILLS

302 

•HR 3671 IH

1 grant funds, $1,499,115,000 from Medicaid payments, 

2 $2,040,504,000 shall be from other funds, and 

3 $25,677,000 shall be from private funds, and 

4 $127,575,000 shall be from funds previously appropriated 

5 in this Act as Federal payments: Provided further, That 

6 of the local funds, such amounts as may be necessary may 

7 be derived from the District’s General Fund balance: Pro8 vided further, That of these funds the District’s intra-Dis9 trict authority shall be $619,632,000: in addition, for cap10 ital construction projects, an increase of $4,007,501,000, 

11 of which $2,934,011,000 shall be from local funds, 

12 $223,858,000 from the District of Columbia Highway 

13 Trust Fund, $33,140,000 from the Local Transportation 

14 Fund, $816,492,000 from Federal grant funds, and a re15 scission of $2,849,882,000 of which $1,796,345,000 shall 

16 be from local funds, $749,426,000 from Federal grant 

17 funds, $252,694,000 from the District of Columbia High18 way Trust Fund, and $51,416,000 from the Local Trans19 portation Fund appropriated under this heading in prior 

20 fiscal years, for a net amount of $1,157,619,000, to re21 main available until expended: Provided further, That the 

22 amounts provided under this heading are to be available, 

23 allocated, and expended as proposed under title III of the 

24 Fiscal Year 2012 Budget Request Act of 2011, at the rate 

25 set forth under ‘‘District of Columbia Funds Division of 

mstockstill on DSK4VPTVN1PROD with BILLS

303 

•HR 3671 IH

1 Expenses’’ as included in the Fiscal Year 2012 Proposed 

2 Budget and Financial Plan submitted to the Congress by 

3 the District of Columbia: Provided further, That this 

4 amount may be increased by proceeds of one-time trans5 actions, which are expended for emergency or unantici6 pated operating or capital needs: Provided further, That 

7 such increases shall be approved by enactment of local 

8 District law and shall comply with all reserve requirements 

9 contained in the District of Columbia Home Rule Act: 

10 Provided further, That the Chief Financial Officer of the 

11 District of Columbia shall take such steps as are necessary 

12 to assure that the District of Columbia meets these re13 quirements, including the apportioning by the Chief Fi14 nancial Officer of the appropriations and funds made 

15 available to the District during fiscal year 2012, except 

16 that the Chief Financial Officer may not reprogram for 

17 operating expenses any funds derived from bonds, notes, 

18 or other obligations issued for capital projects. 

19 This title may be cited as the ‘‘District of Columbia 

20 Appropriations Act, 2012’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

304 

•HR 3671 IH

1 TITLE V 

2 INDEPENDENT AGENCIES 

3 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

4 SALARIES AND EXPENSES

5 For necessary expenses of the Administrative Con6 ference of the United States, authorized by 5 U.S.C. 591 

7 et seq., $2,900,000, to remain available until September 

8 30, 2013, of which not to exceed $1,000 is for official re9 ception and representation expenses. 

10 CHRISTOPHER COLUMBUS FELLOWSHIP FOUNDATION

11 SALARIES AND EXPENSES

12 For payment to the Christopher Columbus Fellow13 ship Foundation, established by section 423 of Public Law 

14 102–281, $450,000, to remain available until expended. 

15 CONSUMER PRODUCT SAFETY COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Consumer Product 

18 Safety Commission, including hire of passenger motor ve19 hicles, services as authorized by 5 U.S.C. 3109, but at 

20 rates for individuals not to exceed the per diem rate equiv21 alent to the maximum rate payable under 5 U.S.C. 5376, 

22 purchase of nominal awards to recognize non-Federal offi23 cials’ contributions to Commission activities, and not to 

24 exceed $4,000 for official reception and representation ex25 penses, $114,500,000, of which $500,000 shall remain 

mstockstill on DSK4VPTVN1PROD with BILLS

305 

•HR 3671 IH

1 available until September 30, 2013, to implement the Vir2 ginia Graeme Baker Pool and Spa Safety Act grant pro3 gram as provided by section 1405 of Public Law 110–140 

4 (15 U.S.C. 8004). 

5 ADMINISTRATIVE PROVISIONS—CONSUMER PRODUCT

6 SAFETY COMMISSION

7 SEC. 501. Section 4(g) of the Consumer Product 

8 Safety Act (15 U.S.C. 2053(g)) is amended by adding at 

9 the end the following: 

10 ‘‘(5) The Chairman may provide to officers and 

11 employees of the Commission who are appointed or 

12 assigned by the Commission to serve abroad (as de13 fined in section 102 of the Foreign Service Act of 

14 1980 (22 U.S.C. 3902)) travel benefits similar to 

15 those authorized for members of the Foreign Service 

16 of the United Service under chapter 9 of such Act 

17 (22 U.S.C. 4081 et seq.).’’. 

18 SEC. 502. (a) EXTENSION OF GRANT PROGRAM.— 

19 Section 1405(e) of the Virginia Graeme Baker Pool and 

20 Spa Safety Act (15 U.S.C. 8004(e)) is amended by strik21 ing ‘‘2011’’ and inserting ‘‘2012’’. 

22 (b) NEW SWIMMING POOLS.—Section 1405(b) of the 

23 Virginia Graeme Baker Pool and Spa Safety Act (15 

24 U.S.C. 8004 (b)) is amended by inserting ‘‘constructed 

25 after the date that is 6 months after the date of enactment 

mstockstill on DSK4VPTVN1PROD with BILLS

306 

•HR 3671 IH

1 of the Financial Services and General Government Appro2 priations Act, 2012’’ after ‘‘swimming pools’’. 

3 SEC. 503. Not later than 1 year after the date of 

4 the enactment of this Act, the Comptroller General of the 

5 United States shall conduct an analysis of the potential 

6 safety risks associated with new and emerging consumer 

7 products, including chemicals and other materials used in 

8 their manufacture, taking into account the ability and au9 thority of the Consumer Product Safety Commission— 

10 (1) to identify, assess, and address such risks 

11 in a timely manner; and 

12 (2) to keep abreast of the effects of new and 

13 emerging consumer products on public health and 

14 safety. 

15 SEC. 504. Not later than 150 days after the date of 

16 the enactment of this Act, the Comptroller General of the 

17 United States shall conduct an analysis of— 

18 (1) the extent to which manufacturers comply 

19 with voluntary industry standards for consumer 

20 products, particularly with respect to inexpensive, 

21 imported products; 

22 (2) whether there are consequences for such 

23 manufacturers for failing to comply with such stand24 ards; 

mstockstill on DSK4VPTVN1PROD with BILLS

307 

•HR 3671 IH

1 (3) whether the Consumer Product Safety Com2 mission has the authority and the ability to require 

3 compliance with such standards; and 

4 (4) whether there are patterns of non-compli5 ance with such standards among certain types of 

6 products or certain types of manufacturers. 

7 ELECTION ASSISTANCE COMMISSION

8 SALARIES AND EXPENSES

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses to carry out the Help Amer11 ica Vote Act of 2002 (Public Law 107–252), $11,500,000, 

12 of which $2,750,000 shall be transferred to the National 

13 Institute of Standards and Technology for election reform 

14 activities authorized under the Help America Vote Act of 

15 2002, and of which $1,250,000 shall be for the Office of 

16 Inspector General. 

17 FEDERAL COMMUNICATIONS COMMISSION

18 SALARIES AND EXPENSES

19 For necessary expenses of the Federal Communica20 tions Commission, as authorized by law, including uni21 forms and allowances therefor, as authorized by 5 U.S.C. 

22 5901–5902; not to exceed $4,000 for official reception and 

23 representation expenses; purchase and hire of motor vehi24 cles; special counsel fees; and services as authorized by 

25 5 U.S.C. 3109, $339,844,000: Provided, That 

mstockstill on DSK4VPTVN1PROD with BILLS

308 

•HR 3671 IH

1 $339,844,000 of offsetting collections shall be assessed 

2 and collected pursuant to section 9 of title I of the Com3 munications Act of 1934, shall be retained and used for 

4 necessary expenses in this appropriation, and shall remain 

5 available until expended: Provided further, That the sum 

6 herein appropriated shall be reduced as such offsetting 

7 collections are received during fiscal year 2012 so as to 

8 result in a final fiscal year 2012 appropriation estimated 

9 at $0: Provided further, That any offsetting collections re10 ceived in excess of $339,844,000 in fiscal year 2012 shall 

11 not be available for obligation: Provided further, That re12 maining offsetting collections from prior years collected in 

13 excess of the amount specified for collection in each such 

14 year and otherwise becoming available on October 1, 2011, 

15 shall not be available for obligation: Provided further, That 

16 notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from 

17 the use of a competitive bidding system that may be re18 tained and made available for obligation shall not exceed 

19 $85,000,000 for fiscal year 2012: Provided further, That 

20 of the amount appropriated under this heading, not less 

21 than $9,750,000 shall be for the salaries and expenses of 

22 the Office of Inspector General. 

mstockstill on DSK4VPTVN1PROD with BILLS

309 

•HR 3671 IH

1 ADMINISTRATIVE PROVISIONS—FEDERAL

2 COMMUNICATIONS COMMISSION

3 SEC. 510. Section 302 of the Universal Service 

4 Antideficiency Temporary Suspension Act is amended by 

5 striking ‘‘December 31, 2011’’, each place it appears and 

6 inserting ‘‘December 31, 2013’’. 

7 SEC. 511. None of the funds appropriated by this Act 

8 may be used by the Federal Communications Commission 

9 to modify, amend, or change its rules or regulations for 

10 universal service support payments to implement the Feb11 ruary 27, 2004 recommendations of the Federal-State 

12 Joint Board on Universal Service regarding single connec13 tion or primary line restrictions on universal service sup14 port payments. 

15 FEDERAL DEPOSIT INSURANCE CORPORATION

16 OFFICE OF THE INSPECTOR GENERAL

17 For necessary expenses of the Office of Inspector 

18 General in carrying out the provisions of the Inspector 

19 General Act of 1978, $45,261,000, to be derived from the 

20 Deposit Insurance Fund or, only when appropriate, the 

21 FSLIC Resolution Fund. 

22 FEDERAL ELECTION COMMISSION

23 SALARIES AND EXPENSES

24 For necessary expenses to carry out the provisions 

25 of the Federal Election Campaign Act of 1971, 

mstockstill on DSK4VPTVN1PROD with BILLS

310 

•HR 3671 IH

1 $66,367,000, of which not to exceed $5,000 shall be avail2 able for reception and representation expenses. 

3 FEDERAL LABOR RELATIONS AUTHORITY

4 SALARIES AND EXPENSES

5 For necessary expenses to carry out functions of the 

6 Federal Labor Relations Authority, pursuant to Reorga7 nization Plan Numbered 2 of 1978, and the Civil Service 

8 Reform Act of 1978, including services authorized by 5 

9 U.S.C. 3109, and including hire of experts and consult10 ants, hire of passenger motor vehicles, and including offi11 cial reception and representation expenses (not to exceed 

12 $1,500) and rental of conference rooms in the District of 

13 Columbia and elsewhere, $24,723,000: Provided, That 

14 public members of the Federal Service Impasses Panel 

15 may be paid travel expenses and per diem in lieu of sub16 sistence as authorized by law (5 U.S.C. 5703) for persons 

17 employed intermittently in the Government service, and 

18 compensation as authorized by 5 U.S.C. 3109: Provided 

19 further, That notwithstanding 31 U.S.C. 3302, funds re20 ceived from fees charged to non-Federal participants at 

21 labor-management relations conferences shall be credited 

22 to and merged with this account, to be available without 

23 further appropriation for the costs of carrying out these 

24 conferences. 

mstockstill on DSK4VPTVN1PROD with BILLS

311 

•HR 3671 IH

1 FEDERAL TRADE COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Trade Com4 mission, including uniforms or allowances therefor, as au5 thorized by 5 U.S.C. 5901–5902; services as authorized 

6 by 5 U.S.C. 3109; hire of passenger motor vehicles; and 

7 not to exceed $2,000 for official reception and representa8 tion expenses, $311,563,000, to remain available until ex9 pended: Provided, That not to exceed $300,000 shall be 

10 available for use to contract with a person or persons for 

11 collection services in accordance with the terms of 31 

12 U.S.C. 3718: Provided further, That, notwithstanding any 

13 other provision of law, not to exceed $108,000,000 of off14 setting collections derived from fees collected for 

15 premerger notification filings under the Hart-Scott-Ro16 dino Antitrust Improvements Act of 1976 (15 U.S.C. 

17 18a), regardless of the year of collection, shall be retained 

18 and used for necessary expenses in this appropriation: 

19 Provided further, That, notwithstanding any other provi20 sion of law, not to exceed $21,000,000 in offsetting collec21 tions derived from fees sufficient to implement and enforce 

22 the Telemarketing Sales Rule, promulgated under the 

23 Telemarketing and Consumer Fraud and Abuse Preven24 tion Act (15 U.S.C. 6101 et seq.), shall be credited to this 

25 account, and be retained and used for necessary expenses 

mstockstill on DSK4VPTVN1PROD with BILLS

312 

•HR 3671 IH

1 in this appropriation: Provided further, That the sum here2 in appropriated from the general fund shall be reduced 

3 as such offsetting collections are received during fiscal 

4 year 2012, so as to result in a final fiscal year 2012 appro5 priation from the general fund estimated at not more than 

6 $182,563,000: Provided further, That none of the funds 

7 made available to the Federal Trade Commission may be 

8 used to implement subsection (e)(2)(B) of section 43 of 

9 the Federal Deposit Insurance Act (12 U.S.C. 1831t). 

10 GENERAL SERVICES ADMINISTRATION

11 REAL PROPERTY ACTIVITIES

12 FEDERAL BUILDINGS FUND

13 LIMITATIONS ON AVAILABILITY OF REVENUE

14 Amounts in the Fund, including revenues and collec15 tions deposited into the Fund shall be available for nec16 essary expenses of real property management and related 

17 activities not otherwise provided for, including operation, 

18 maintenance, and protection of federally owned and leased 

19 buildings; rental of buildings in the District of Columbia; 

20 restoration of leased premises; moving governmental agen21 cies (including space adjustments and telecommunications 

22 relocation expenses) in connection with the assignment, al23 location and transfer of space; contractual services inci24 dent to cleaning or servicing buildings, and moving; repair 

25 and alteration of federally owned buildings including 

mstockstill on DSK4VPTVN1PROD with BILLS

313 

•HR 3671 IH

1 grounds, approaches and appurtenances; care and safe2 guarding of sites; maintenance, preservation, demolition, 

3 and equipment; acquisition of buildings and sites by pur4 chase, condemnation, or as otherwise authorized by law; 

5 acquisition of options to purchase buildings and sites; con6 version and extension of federally owned buildings; pre7 liminary planning and design of projects by contract or 

8 otherwise; construction of new buildings (including equip9 ment for such buildings); and payment of principal, inter10 est, and any other obligations for public buildings acquired 

11 by installment purchase and purchase contract; in the ag12 gregate amount of $8,017,967,000, of which: (1) 

13 $50,000,000 shall remain available until expended for con14 struction and acquisition (including funds for sites and ex15 penses, and associated design and construction services): 

16 Provided, That the General Services Administration shall 

17 submit a detailed plan, by project, regarding the use of 

18 funds to the Committees on Appropriations of the House 

19 of Representatives and the Senate within 30 days of enact20 ment of this section and will provide notification to the 

21 Committees within 15 days prior to any changes regarding 

22 the use of these funds; (2) $280,000,000 shall remain 

23 available until expended for repairs and alterations, which 

24 includes associated design and construction services, of 

25 which $260,000,000 is for Basic Repairs and Alterations 

mstockstill on DSK4VPTVN1PROD with BILLS

314 

•HR 3671 IH

1 and $20,000,000 is for a Judiciary Capital Security pro2 gram: Provided further, That funds made available in this 

3 or any previous Act in the Federal Buildings Fund for 

4 Repairs and Alterations shall, for prospectus projects, be 

5 limited to the amount identified for each project, except 

6 each project in this or any previous Act may be increased 

7 by an amount not to exceed 10 percent unless advance 

8 approval is obtained from the Committees on Appropria9 tions of a greater amount: Provided further, That addi10 tional projects for which prospectuses have been fully ap11 proved may be funded under this category only if advance 

12 approval is obtained from the Committees on Appropria13 tions: Provided further, That the amounts provided in this 

14 or any prior Act for ‘‘Repairs and Alterations’’ may be 

15 used to fund costs associated with implementing security 

16 improvements to buildings necessary to meet the minimum 

17 standards for security in accordance with current law and 

18 in compliance with the reprogramming guidelines of the 

19 appropriate Committees of the House and Senate: Pro20 vided further, That the difference between the funds ap21 propriated and expended on any projects in this or any 

22 prior Act, under the heading ‘‘Repairs and Alterations’’, 

23 may be transferred to Basic Repairs and Alterations or 

24 used to fund authorized increases in prospectus projects: 

25 Provided further, That all funds for repairs and alterations 

mstockstill on DSK4VPTVN1PROD with BILLS

315 

•HR 3671 IH

1 prospectus projects shall expire on September 30, 2013 

2 and remain in the Federal Buildings Fund except funds 

3 for projects as to which funds for design or other funds 

4 have been obligated in whole or in part prior to such date: 

5 Provided further, That the amount provided in this or any 

6 prior Act for Basic Repairs and Alterations may be used 

7 to pay claims against the Government arising from any 

8 projects under the heading ‘‘Repairs and Alterations’’ or 

9 used to fund authorized increases in prospectus projects; 

10 (3) $126,801,000 for installment acquisition payments in11 cluding payments on purchase contracts which shall re12 main available until expended; (4) $5,210,198,000 for 

13 rental of space which shall remain available until ex14 pended; and (5) $2,350,968,000 for building operations 

15 which shall remain available until expended: Provided fur16 ther, That funds available to the General Services Admin17 istration shall not be available for expenses of any con18 struction, repair, alteration and acquisition project for 

19 which a prospectus, if required by 40 U.S.C. 3307(a), has 

20 not been approved, except that necessary funds may be 

21 expended for each project for required expenses for the 

22 development of a proposed prospectus: Provided further, 

23 That funds available in the Federal Buildings Fund may 

24 be expended for emergency repairs when advance approval 

25 is obtained from the Committees on Appropriations: Promstockstill on DSK4VPTVN1PROD with BILLS

316 

•HR 3671 IH

1 vided further, That amounts necessary to provide reim2 bursable special services to other agencies under 40 U.S.C. 

3 592(b)(2) and amounts to provide such reimbursable fenc4 ing, lighting, guard booths, and other facilities on private 

5 or other property not in Government ownership or control 

6 as may be appropriate to enable the United States Secret 

7 Service to perform its protective functions pursuant to 18 

8 U.S.C. 3056, shall be available from such revenues and 

9 collections: Provided further, That revenues and collections 

10 and any other sums accruing to this Fund during fiscal 

11 year 2012, excluding reimbursements under 40 U.S.C. 

12 592(b)(2) in excess of the aggregate new obligational au13 thority authorized for Real Property Activities of the Fed14 eral Buildings Fund in this Act shall remain in the Fund 

15 and shall not be available for expenditure except as au16 thorized in appropriations Acts. 

17 GENERAL ACTIVITIES

18 GOVERNMENT-WIDE POLICY

19 For expenses authorized by law, not otherwise pro20 vided for, for Government-wide policy and evaluation ac21 tivities associated with the management of real and per22 sonal property assets and certain administrative services; 

23 Government-wide policy support responsibilities relating to 

24 acquisition, telecommunications, information technology 

mstockstill on DSK4VPTVN1PROD with BILLS

317 

•HR 3671 IH

1 management, and related technology activities; and serv2 ices as authorized by 5 U.S.C. 3109; $61,115,000. 

3 OPERATING EXPENSES

4 For expenses authorized by law, not otherwise pro5 vided for, for Government-wide activities associated with 

6 utilization and donation of surplus personal property; dis7 posal of real property; agency-wide policy direction, man8 agement, and communications; the Civilian Board of Con9 tract Appeals; services as authorized by 5 U.S.C. 3109; 

10 and not to exceed $7,500 for official reception and rep11 resentation expenses; $69,500,000. 

12 OFFICE OF INSPECTOR GENERAL

13 For necessary expenses of the Office of Inspector 

14 General and service authorized by 5 U.S.C. 3109, 

15 $58,000,000: Provided, That not to exceed $15,000 shall 

16 be available for payment for information and detection of 

17 fraud against the Government, including payment for re18 covery of stolen Government property: Provided further, 

19 That not to exceed $2,500 shall be available for awards 

20 to employees of other Federal agencies and private citizens 

21 in recognition of efforts and initiatives resulting in en22 hanced Office of Inspector General effectiveness. 

mstockstill on DSK4VPTVN1PROD with BILLS

318 

•HR 3671 IH

1 ELECTRONIC GOVERNMENT FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses in support of interagency 

4 projects that enable the Federal Government to expand 

5 its ability to conduct activities electronically, through the 

6 development and implementation of innovative uses of the 

7 Internet and other electronic methods, $12,400,000, to re8 main available until expended: Provided, That these funds 

9 may be transferred to Federal agencies to carry out the 

10 purpose of the Fund: Provided further, That this transfer 

11 authority shall be in addition to any other transfer author12 ity provided in this Act: Provided further, That such trans13 fers may not be made until 10 days after a proposed 

14 spending plan and explanation for each project to be un15 dertaken has been submitted to the Committees on Appro16 priations of the House of Representatives and the Senate. 

17 ALLOWANCES AND OFFICE STAFF FOR FORMER

18 PRESIDENTS

19 For carrying out the provisions of the Act of August 

20 25, 1958 (3 U.S.C. 102 note), and Public Law 95–138, 

21 $3,671,000. 

22 FEDERAL CITIZEN SERVICES FUND

23 For necessary expenses of the Office of Citizen Serv24 ices and Innovative Technologies, including services au25 thorized by 5 U.S.C. 3109, $34,100,000, to be deposited 

mstockstill on DSK4VPTVN1PROD with BILLS

319 

•HR 3671 IH

1 into the Federal Citizen Services Fund: Provided, That the 

2 appropriations, revenues, and collections deposited into 

3 the Fund shall be available for necessary expenses of Fed4 eral Citizen Services activities in the aggregate amount 

5 not to exceed $90,000,000. Appropriations, revenues, and 

6 collections accruing to this Fund during fiscal year 2012 

7 in excess of such amount shall remain in the Fund and 

8 shall not be available for expenditure except as authorized 

9 in appropriations Acts. 

10 ADMINISTRATIVE PROVISIONS—GENERAL SERVICES

11 ADMINISTRATION

12 (INCLUDING TRANSFERS OF FUNDS AND RESCISSION)

13 SEC. 520. Funds available to the General Services 

14 Administration shall be available for the hire of passenger 

15 motor vehicles. 

16 SEC. 521. Funds in the Federal Buildings Fund 

17 made available for fiscal year 2012 for Federal Buildings 

18 Fund activities may be transferred between such activities 

19 only to the extent necessary to meet program require20 ments: Provided, That any proposed transfers shall be ap21 proved in advance to the Committees on Appropriations 

22 of the House of Representatives and the Senate. 

23 SEC. 522. Except as otherwise provided in this title, 

24 funds made available by this Act shall be used to transmit 

25 a fiscal year 2013 request for United States Courthouse 

mstockstill on DSK4VPTVN1PROD with BILLS

320 

•HR 3671 IH

1 construction only if the request: (1) meets the design guide 

2 standards for construction as established and approved by 

3 the General Services Administration, the Judicial Con4 ference of the United States, and the Office of Manage5 ment and Budget; (2) reflects the priorities of the Judicial 

6 Conference of the United States as set out in its approved 

7 5-year construction plan; and (3) includes a standardized 

8 courtroom utilization study of each facility to be con9 structed, replaced, or expanded. 

10 SEC. 523. None of the funds provided in this Act may 

11 be used to increase the amount of occupiable square feet, 

12 provide cleaning services, security enhancements, or any 

13 other service usually provided through the Federal Build14 ings Fund, to any agency that does not pay the rate per 

15 square foot assessment for space and services as deter16 mined by the General Services Administration in consider17 ation of the Public Buildings Amendments Act of 1972 

18 (Public Law 92–313). 

19 SEC. 524. From funds made available under the 

20 heading ‘‘Federal Buildings Fund, Limitations on Avail21 ability of Revenue’’, claims against the Government of less 

22 than $250,000 arising from direct construction projects 

23 and acquisition of buildings may be liquidated from sav24 ings effected in other construction projects with prior notimstockstill on DSK4VPTVN1PROD with BILLS

321 

•HR 3671 IH

1 fication to the Committees on Appropriations of the House 

2 of Representatives and the Senate. 

3 SEC. 525. In any case in which the Committee on 

4 Transportation and Infrastructure of the House of Rep5 resentatives and the Committee on Environment and Pub6 lic Works of the Senate adopt a resolution granting lease 

7 authority pursuant to a prospectus transmitted to Con8 gress by the Administrator of the General Services Admin9 istration under 40 U.S.C. 3307, the Administrator shall 

10 ensure that the delineated area of procurement is identical 

11 to the delineated area included in the prospectus for all 

12 lease agreements, except that, if the Administrator deter13 mines that the delineated area of the procurement should 

14 not be identical to the delineated area included in the pro15 spectus, the Administrator shall provide an explanatory 

16 statement to each of such committees and the Committees 

17 on Appropriations of the House of Representatives and the 

18 Senate prior to exercising any lease authority provided in 

19 the resolution. 

20 SEC. 526. Section 1703 of title 41 U.S.C. is amended 

21 in paragraph (i)(6) by: 

22 (1) deleting ‘‘for training’’; and 

23 (2) deleting ‘‘paragraph (2)’’ and inserting in 

24 lieu thereof ‘‘subparagraphs (A) and (C) to (J) of 

25 section 1122(a)(5) of this title’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

322 

•HR 3671 IH

1 SEC. 527. Of the amounts made available under the 

2 heading ‘‘Policy and Operations’’ for the maintenance, 

3 protection, and disposal of the U.S. Coast Guard Service 

4 Center at Governor’s Island, New York and the Lorton 

5 Correctional Facility in Lorton, Virginia in prior years 

6 whether appropriated directly to the General Services Ad7 ministration (GSA) or to any other agency of the Govern8 ment and received by GSA for such purpose, $4,600,000 

9 are rescinded. 

10 SEC. 528. Within 120 days of enactment, the General 

11 Services Administration shall submit a detailed report to 

12 the Committees on Appropriations of the House of Rep13 resentatives and the Senate that describes each program, 

14 project, or activity that is funded by appropriations to 

15 General Services Administration but is not under the con16 trol or direction, in statute or in practice, of the Adminis17 trator of General Services. 

18 HARRY S TRUMAN SCHOLARSHIP FOUNDATION

19 SALARIES AND EXPENSES

20 For payment to the Harry S Truman Scholarship 

21 Foundation Trust Fund, established by section 10 of Pub22 lic Law 93–642, $748,000, to remain available until ex23 pended. 

mstockstill on DSK4VPTVN1PROD with BILLS

323 

•HR 3671 IH

1 MERIT SYSTEMS PROTECTION BOARD

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses to carry out functions of the 

5 Merit Systems Protection Board pursuant to Reorganiza6 tion Plan Numbered 2 of 1978, the Civil Service Reform 

7 Act of 1978, and the Whistleblower Protection Act of 

8 1989 (5 U.S.C. 5509 note), including services as author9 ized by 5 U.S.C. 3109, rental of conference rooms in the 

10 District of Columbia and elsewhere, hire of passenger 

11 motor vehicles, direct procurement of survey printing, and 

12 not to exceed $2,000 for official reception and representa13 tion expenses, $40,258,000, to remain available until Sep14 tember 30, 2013, together with not to exceed $2,345,000, 

15 to remain available until September 30, 2013, for adminis16 trative expenses to adjudicate retirement appeals to be 

17 transferred from the Civil Service Retirement and Dis18 ability Fund in amounts determined by the Merit Systems 

19 Protection Board. 

20 MORRIS K. UDALL AND STEWART L. UDALL

21 FOUNDATION

22 MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND

23 For payment to the Morris K. Udall and Stewart L. 

24 Udall Trust Fund, pursuant to the Morris K. Udall and 

25 Stewart L. Udall Foundation Act (20 U.S.C. 5601 et 

mstockstill on DSK4VPTVN1PROD with BILLS

324 

•HR 3671 IH

1 seq.), $2,200,000, to remain available until expended, of 

2 which, notwithstanding sections 8 and 9 of such Act: (1) 

3 up to $50,000 shall be used to conduct financial audits 

4 pursuant to the Accountability of Tax Dollars Act of 2002 

5 (Public Law 107–289); and (2) up to $1,000,000 shall 

6 be available to carry out the activities authorized by sec7 tion 6(7) of Public Law 102–259 (20 U.S.C. 5604(7)). 

8 ENVIRONMENTAL DISPUTE RESOLUTION FUND

9 For payment to the Environmental Dispute Resolu10 tion Fund to carry out activities authorized in the Envi11 ronmental Policy and Conflict Resolution Act of 1998, 

12 $3,792,000, to remain available until expended. 

13 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

14 OPERATING EXPENSES

15 (INCLUDING TRANSFER OF FUNDS)

16 For necessary expenses in connection with the admin17 istration of the National Archives and Records Adminis18 tration (including the Information Security Oversight Of19 fice) and archived Federal records and related activities, 

20 as provided by law, and for expenses necessary for the re21 view and declassification of documents and the activities 

22 of the Public Interest Declassification Board, and for nec23 essary expenses in connection with the operations and 

24 maintenance of the electronic records archives to include 

25 all direct project costs associated with research, program 

mstockstill on DSK4VPTVN1PROD with BILLS

325 

•HR 3671 IH

1 management, and corrective and adaptive software main2 tenance, and for the hire of passenger motor vehicles, and 

3 for uniforms or allowances therefor, as authorized by law 

4 (5 U.S.C. 5901 et seq.), including maintenance, repairs, 

5 and cleaning, $373,300,000: Provided, That all remaining 

6 balances appropriated in prior fiscal years under the head7 ing ‘‘Electronic Records Archives’’ shall be transferred to 

8 this account. 

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector 

11 General in carrying out the provisions of the Inspector 

12 General Reform Act of 2008, Public Law 110–409, 122 

13 Stat. 4302–16 (2008), and the Inspector General Act of 

14 1978 (5 U.S.C. App.), and for the hire of passenger motor 

15 vehicles, $4,100,000. 

16 REPAIRS AND RESTORATION

17 For the repair, alteration, and improvement of ar18 chives facilities, and to provide adequate storage for hold19 ings, $9,100,000, to remain available until expended: Pro20 vided, That from amounts made available for the Military 

21 Personnel Records Center requirement study under this 

22 heading in Public Law 108–199, the remaining unobli23 gated balances shall be available to implement the Na24 tional Archives and Records Administration Capital Im25 provement Plan: Provided further, That from amounts 

mstockstill on DSK4VPTVN1PROD with BILLS

326 

•HR 3671 IH

1 made available under this heading in Public Law 111–8 

2 for construction costs and related services for building the 

3 addition to the John F. Kennedy Presidential Library and 

4 Museum and other necessary expenses, including ren5 ovating the Library as needed in constructing the addi6 tion, the remaining unobligated balances shall be available 

7 to implement the National Archives and Records Adminis8 tration Capital Improvement Plan. 

9 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

10 COMMISSION

11 GRANTS PROGRAM

12 For necessary expenses for allocations and grants for 

13 historical publications and records as authorized by 44 

14 U.S.C. 2504, $5,000,000, to remain available until ex15 pended. 

16 NATIONAL CREDIT UNION ADMINISTRATION

17 CENTRAL LIQUIDITY FACILITY

18 During fiscal year 2012, gross obligations of the Cen19 tral Liquidity Facility for the principal amount of new di20 rect loans to member credit unions, as authorized by 12 

21 U.S.C. 1795 et seq., shall be the amount authorized by 

22 section 307(a)(4)(A) of the Federal Credit Union Act (12 

23 U.S.C. 1795f(a)(4)(A)): Provided, That administrative ex24 penses of the Central Liquidity Facility in fiscal year 2012 

25 shall not exceed $1,250,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

327 

•HR 3671 IH

1 COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

2 For the Community Development Revolving Loan 

3 Fund program as authorized by 42 U.S.C. 9812, 9822 

4 and 9910, $1,247,000 shall be available until September 

5 30, 2013 for technical assistance to low-income designated 

6 credit unions. 

7 OFFICE OF GOVERNMENT ETHICS

8 SALARIES AND EXPENSES

9 For necessary expenses to carry out functions of the 

10 Office of Government Ethics pursuant to the Ethics in 

11 Government Act of 1978, and the Ethics Reform Act of 

12 1989, including services as authorized by 5 U.S.C. 3109, 

13 rental of conference rooms in the District of Columbia and 

14 elsewhere, hire of passenger motor vehicles, and not to ex15 ceed $1,500 for official reception and representation ex16 penses, $13,664,000. 

17 OFFICE OF PERSONNEL MANAGEMENT

18 SALARIES AND EXPENSES

19 (INCLUDING TRANSFER OF TRUST FUNDS)

20 For necessary expenses to carry out functions of the 

21 Office of Personnel Management (OPM) pursuant to Re22 organization Plan Numbered 2 of 1978 and the Civil Serv23 ice Reform Act of 1978, including services as authorized 

24 by 5 U.S.C. 3109; medical examinations performed for 

25 veterans by private physicians on a fee basis; rental of conmstockstill on DSK4VPTVN1PROD with BILLS

328 

•HR 3671 IH

1 ference rooms in the District of Columbia and elsewhere; 

2 hire of passenger motor vehicles; not to exceed $2,500 for 

3 official reception and representation expenses; advances 

4 for reimbursements to applicable funds of OPM and the 

5 Federal Bureau of Investigation for expenses incurred 

6 under Executive Order No. 10422 of January 9, 1953, 

7 as amended; and payment of per diem and/or subsistence 

8 allowances to employees where Voting Rights Act activities 

9 require an employee to remain overnight at his or her post 

10 of duty, $97,774,000, of which $6,004,000 shall remain 

11 available until expended for the Enterprise Human Re12 sources Integration project, of which $642,000 may be for 

13 strengthening the capacity and capabilities of the acquisi14 tion workforce (as defined by the Office of Federal Pro15 curement Policy Act, as amended (41 U.S.C. 4001 et 

16 seq.)), including the recruitment, hiring, training, and re17 tention of such workforce and information technology in 

18 support of acquisition workforce effectiveness or for man19 agement solutions to improve acquisition management, 

20 and of which $1,416,000 shall remain available until ex21 pended for the Human Resources Line of Business 

22 project; and in addition $112,516,000 for administrative 

23 expenses, to be transferred from the appropriate trust 

24 funds of OPM without regard to other statutes, including 

25 direct procurement of printed materials, for the retirement 

mstockstill on DSK4VPTVN1PROD with BILLS

329 

•HR 3671 IH

1 and insurance programs: Provided, That the provisions of 

2 this appropriation shall not affect the authority to use ap3 plicable trust funds as provided by sections 8348(a)(1)(B), 

4 and 9004(f)(2)(A) of title 5, United States Code: Provided 

5 further, That no part of this appropriation shall be avail6 able for salaries and expenses of the Legal Examining 

7 Unit of OPM established pursuant to Executive Order No. 

8 9358 of July 1, 1943, or any successor unit of like pur9 pose: Provided further, That the President’s Commission 

10 on White House Fellows, established by Executive Order 

11 No. 11183 of October 3, 1964, may, during fiscal year 

12 2012, accept donations of money, property, and personal 

13 services: Provided further, That such donations, including 

14 those from prior years, may be used for the development 

15 of publicity materials to provide information about the 

16 White House Fellows, except that no such donations shall 

17 be accepted for travel or reimbursement of travel expenses, 

18 or for the salaries of employees of such Commission. 

19 OFFICE OF INSPECTOR GENERAL

20 SALARIES AND EXPENSES

21 (INCLUDING TRANSFER OF TRUST FUNDS)

22 For necessary expenses of the Office of Inspector 

23 General in carrying out the provisions of the Inspector 

24 General Act of 1978, including services as authorized by 

25 5 U.S.C. 3109, hire of passenger motor vehicles, 

mstockstill on DSK4VPTVN1PROD with BILLS

330 

•HR 3671 IH

1 $3,142,000, and in addition, not to exceed $21,174,000 

2 for administrative expenses to audit, investigate, and pro3 vide other oversight of the Office of Personnel Manage4 ment’s retirement and insurance programs, to be trans5 ferred from the appropriate trust funds of the Office of 

6 Personnel Management, as determined by the Inspector 

7 General: Provided, That the Inspector General is author8 ized to rent conference rooms in the District of Columbia 

9 and elsewhere. 

10 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES

11 HEALTH BENEFITS

12 For payment of Government contributions with re13 spect to retired employees, as authorized by chapter 89 

14 of title 5, United States Code, and the Retired Federal 

15 Employees Health Benefits Act (74 Stat. 849), such sums 

16 as may be necessary. 

17 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE

18 LIFE INSURANCE

19 For payment of Government contributions with re20 spect to employees retiring after December 31, 1989, as 

21 required by chapter 87 of title 5, United States Code, such 

22 sums as may be necessary. 

mstockstill on DSK4VPTVN1PROD with BILLS

331 

•HR 3671 IH

1 PAYMENT TO CIVIL SERVICE RETIREMENT AND

2 DISABILITY FUND

3 For financing the unfunded liability of new and in4 creased annuity benefits becoming effective on or after Oc5 tober 20, 1969, as authorized by 5 U.S.C. 8348, and an6 nuities under special Acts to be credited to the Civil Serv7 ice Retirement and Disability Fund, such sums as may 

8 be necessary: Provided, That annuities authorized by the 

9 Act of May 29, 1944, and the Act of August 19, 1950 

10 (33 U.S.C. 771–775), may hereafter be paid out of the 

11 Civil Service Retirement and Disability Fund. 

12 OFFICE OF SPECIAL COUNSEL

13 SALARIES AND EXPENSES

14 For necessary expenses to carry out functions of the 

15 Office of Special Counsel pursuant to Reorganization Plan 

16 Numbered 2 of 1978, the Civil Service Reform Act of 

17 1978 (Public Law 95–454), the Whistleblower Protection 

18 Act of 1989 (Public Law 101–12), Public Law 107–304, 

19 and the Uniformed Services Employment and Reemploy20 ment Rights Act of 1994 (Public Law 103–353), including 

21 services as authorized by 5 U.S.C. 3109, payment of fees 

22 and expenses for witnesses, rental of conference rooms in 

23 the District of Columbia and elsewhere, and hire of pas24 senger motor vehicles; $18,972,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

332 

•HR 3671 IH

1 POSTAL REGULATORY COMMISSION

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Postal Regulatory 

5 Commission in carrying out the provisions of the Postal 

6 Accountability and Enhancement Act (Public Law 109– 

7 435), $14,304,000, to be derived by transfer from the 

8 Postal Service Fund and expended as authorized by sec9 tion 603(a) of such Act. 

10 PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

11 SALARIES AND EXPENSES

12 For necessary expenses of the Privacy and Civil Lib13 erties Oversight Board, as authorized by section 1061 of 

14 the Intelligence Reform and Terrorism Prevention Act of 

15 2004 (5 U.S.C. 601 note), $900,000, to remain available 

16 until September 30, 2013. 

17 RECOVERY ACCOUNTABILITY AND TRANSPARENCY

18 BOARD

19 SALARIES AND EXPENSES

20 For necessary expenses of the Recovery Account21 ability and Transparency Board to carry out the provi22 sions of title XV of the American Recovery and Reinvest23 ment Act of 2009 (Public Law 111–5), and to develop and 

24 test information technology resources and oversight mech25 anisms to enhance transparency of and detect and rememstockstill on DSK4VPTVN1PROD with BILLS

333 

•HR 3671 IH

1 diate waste, fraud, and abuse in Federal spending, 

2 $28,350,000, to remain available until September 30, 

3 2013. 

4 SECURITIES AND EXCHANGE COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses for the Securities and Ex7 change Commission, including services as authorized by 

8 5 U.S.C. 3109, the rental of space (to include multiple 

9 year leases) in the District of Columbia and elsewhere, and 

10 not to exceed $3,500 for official reception and representa11 tion expenses, $1,321,000,000, to remain available until 

12 expended; of which not less than $6,795,000 shall be for 

13 the Office of Inspector General; of which not to exceed 

14 $45,000 shall be available for a permanent secretariat for 

15 the International Organization of Securities Commissions; 

16 and of which not to exceed $100,000 shall be available 

17 for expenses for consultations and meetings hosted by the 

18 Commission with foreign governmental and other regu19 latory officials, members of their delegations and staffs to 

20 exchange views concerning securities matters, such ex21 penses to include necessary logistic and administrative ex22 penses and the expenses of Commission staff and foreign 

23 invitees in attendance including: (1) incidental expenses 

24 such as meals; (2) travel and transportation; and (3) re25 lated lodging or subsistence: Provided, That fees and 

mstockstill on DSK4VPTVN1PROD with BILLS

334 

•HR 3671 IH

1 charges authorized by section 31 of the Securities Ex2 change Act of 1934 (15 U.S.C. 78ee) shall be credited to 

3 this account as offsetting collections: Provided further, 

4 That not to exceed $1,321,000,000 of such offsetting col5 lections shall be available until expended for necessary ex6 penses of this account: Provided further, That the total 

7 amount appropriated under this heading from the general 

8 fund for fiscal year 2012 shall be reduced as such offset9 ting fees are received so as to result in a final total fiscal 

10 year 2012 appropriation from the general fund estimated 

11 at not more than $0. 

12 SELECTIVE SERVICE SYSTEM

13 SALARIES AND EXPENSES

14 For necessary expenses of the Selective Service Sys15 tem, including expenses of attendance at meetings and of 

16 training for uniformed personnel assigned to the Selective 

17 Service System, as authorized by 5 U.S.C. 4101–4118 for 

18 civilian employees; purchase of uniforms, or allowances 

19 therefor, as authorized by 5 U.S.C. 5901–5902; hire of 

20 passenger motor vehicles; services as authorized by 5 

21 U.S.C. 3109; and not to exceed $750 for official reception 

22 and representation expenses; $23,984,000: Provided, That 

23 during the current fiscal year, the President may exempt 

24 this appropriation from the provisions of 31 U.S.C. 1341, 

25 whenever the President deems such action to be necessary 

mstockstill on DSK4VPTVN1PROD with BILLS

335 

•HR 3671 IH

1 in the interest of national defense: Provided further, That 

2 none of the funds appropriated by this Act may be ex3 pended for or in connection with the induction of any per4 son into the Armed Forces of the United States. 

5 SMALL BUSINESS ADMINISTRATION

6 SALARIES AND EXPENSES

7 For necessary expenses, not otherwise provided for, 

8 of the Small Business Administration as authorized by 

9 Public Law 108–447, including hire of passenger motor 

10 vehicles as authorized by 31 U.S.C. 1343 and 1344, and 

11 not to exceed $3,500 for official reception and representa12 tion expenses, $417,348,000: Provided, That the Adminis13 trator is authorized to charge fees to cover the cost of pub14 lications developed by the Small Business Administration, 

15 and certain loan program activities, including fees author16 ized by section 5(b) of the Small Business Act: Provided 

17 further, That, notwithstanding 31 U.S.C. 3302, revenues 

18 received from all such activities shall be credited to this 

19 account, to remain available until expended, for carrying 

20 out these purposes without further appropriations: Pro21 vided further, That the Small Business Administration 

22 may accept gifts in an amount not to exceed $4,000,000 

23 and may co-sponsor activities, each in accordance with sec24 tion 132(a) of division K of Public Law 108–447, during 

25 fiscal year 2012: Provided further, That $112,500,000 

mstockstill on DSK4VPTVN1PROD with BILLS

336 

•HR 3671 IH

1 shall be available to fund grants for performance in fiscal 

2 year 2012 or fiscal year 2013 as authorized by section 

3 21 of the Small Business Act, to remain available until 

4 September 30, 2013: Provided further, That $20,000,000 

5 shall remain available until September 30, 2013 for mar6 keting, management, and technical assistance under sec7 tion 7(m) of the Small Business Act (15 U.S.C. 

8 636(m)(4)) by intermediaries that make microloans under 

9 the microloan program: Provided further, That $7,100,000 

10 shall be available for the Loan Modernization and Ac11 counting System, to be available until September 30, 

12 2013: Provided further, That $2,000,000 shall be for the 

13 Federal and State Technology Partnership Program under 

14 section 34 of the Small Business Act (15 U.S.C. 657d). 

15 OFFICE OF INSPECTOR GENERAL

16 For necessary expenses of the Office of Inspector 

17 General in carrying out the provisions of the Inspector 

18 General Act of 1978, $16,267,000. 

19 OFFICE OF ADVOCACY

20 For necessary expenses of the Office of Advocacy in 

21 carrying out the provisions of title II of Public Law 94– 

22 305 (15 U.S.C. 634a et seq.) and the Regulatory Flexi23 bility Act of 1980 (5 U.S.C. 601 et seq.), $9,120,000, to 

24 remain available until expended. 

mstockstill on DSK4VPTVN1PROD with BILLS

337 

•HR 3671 IH

1 BUSINESS LOANS PROGRAM ACCOUNT

2 (INCLUDING TRANSFER OF FUNDS)

3 For the cost of direct loans, $3,678,000, to remain 

4 available until expended, and for the cost of guaranteed 

5 loans as authorized by section 7(a) of the Small Business 

6 Act (Public Law 85–536) and section 503 of the Small 

7 Business Investment Act of 1958 (Public Law 85–699), 

8 $207,100,000, to remain available until expended: Pro9 vided, That such costs, including the cost of modifying 

10 such loans, shall be as defined in section 502 of the Con11 gressional Budget Act of 1974: Provided further, That 

12 subject to section 502 of the Congressional Budget Act 

13 of 1974, during fiscal year 2012 commitments to guar14 antee loans under section 503 of the Small Business In15 vestment Act of 1958 shall not exceed $7,500,000,000: 

16 Provided further, That during fiscal year 2012 commit17 ments for general business loans authorized under section 

18 7(a) of the Small Business Act shall not exceed 

19 $17,500,000,000 for a combination of amortizing term 

20 loans and the aggregated maximum line of credit provided 

21 by revolving loans: Provided further, That during fiscal 

22 year 2012 commitments to guarantee loans for debentures 

23 under section 303(b) of the Small Business Investment 

24 Act of 1958 shall not exceed $3,000,000,000: Provided 

25 further, That during fiscal year 2012, guarantees of trust 

mstockstill on DSK4VPTVN1PROD with BILLS

338 

•HR 3671 IH

1 certificates authorized by section 5(g) of the Small Busi2 ness Act shall not exceed a principal amount of 

3 $12,000,000,000. In addition, for administrative expenses 

4 to carry out the direct and guaranteed loan programs, 

5 $147,958,000, which may be transferred to and merged 

6 with the appropriations for Salaries and Expenses. 

7 DISASTER LOANS PROGRAM ACCOUNT

8 (INCLUDING TRANSFERS OF FUNDS)

9 For administrative expenses to carry out the direct 

10 loan program authorized by section 7(b) of the Small 

11 Business Act, $117,300,000, to be available until ex12 pended, of which $1,000,000 is for the Office of Inspector 

13 General of the Small Business Administration for audits 

14 and reviews of disaster loans and the disaster loan pro15 grams and shall be transferred to and merged with the 

16 appropriations for the Office of Inspector General; of 

17 which $110,300,000 is for direct administrative expenses 

18 of loan making and servicing to carry out the direct loan 

19 program, which may be transferred to and merged with 

20 the appropriations for Salaries and Expenses; and of 

21 which $6,000,000 is for indirect administrative expenses 

22 for the direct loan program, which may be transferred to 

23 and merged with the appropriations for Salaries and Ex24 penses. 

mstockstill on DSK4VPTVN1PROD with BILLS

339 

•HR 3671 IH

1 ADMINISTRATIVE PROVISIONS—SMALL BUSINESS

2 ADMINISTRATION

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 530. Not to exceed 5 percent of any appropria5 tion made available for the current fiscal year for the 

6 Small Business Administration in this Act may be trans7 ferred between such appropriations, but no such appro8 priation shall be increased by more than 10 percent by 

9 any such transfers: Provided, That any transfer pursuant 

10 to this paragraph shall be treated as a reprogramming of 

11 funds under section 608 of this Act and shall not be avail12 able for obligation or expenditure except in compliance 

13 with the procedures set forth in that section. 

14 SEC. 531. Section 7(d)(5)(D) of the Small Business 

15 Act (15 U.S.C. 636(d)(5)(D)) is amended by striking 

16 ‘‘three years’’ and inserting ‘‘7 years’’. 

17 SEC. 532. Beginning in fiscal year 2013 and each fis18 cal year thereafter, the budget request for the Small Busi19 ness Administration shall provide a detailed justification 

20 of any proposed changes from the enacted level by indi21 vidual appropriation. The detailed justification shall in22 clude at a minimum a description of each credit and non23 credit program including amount of funding and costs by 

24 appropriation account and fiscal year. For activities fund25 ed in multiple appropriations, the budget justification 

mstockstill on DSK4VPTVN1PROD with BILLS

340 

•HR 3671 IH

1 shall specify the amount included in each enacted appro2 priation, the amount proposed in the budget year and a 

3 justification for any proposed changes. 

4 UNITED STATES POSTAL SERVICE

5 PAYMENT TO THE POSTAL SERVICE FUND

6 For payment to the Postal Service Fund for revenue 

7 forgone on free and reduced rate mail, pursuant to sub8 sections (c) and (d) of section 2401 of title 39, United 

9 States Code, $78,153,000, which shall not be available for 

10 obligation until October 1, 2012: Provided, That mail for 

11 overseas voting and mail for the blind shall continue to 

12 be free: Provided further, That 6-day delivery and rural 

13 delivery of mail shall continue at not less than the 1983 

14 level: Provided further, That none of the funds made avail15 able to the Postal Service by this Act shall be used to im16 plement any rule, regulation, or policy of charging any of17 ficer or employee of any State or local child support en18 forcement agency, or any individual participating in a 

19 State or local program of child support enforcement, a fee 

20 for information requested or provided concerning an ad21 dress of a postal customer: Provided further, That none 

22 of the funds provided in this Act shall be used to consoli23 date or close small rural and other small post offices in 

24 fiscal year 2012. 

mstockstill on DSK4VPTVN1PROD with BILLS

341 

•HR 3671 IH

1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Office of Inspector 

5 General in carrying out the provisions of the Inspector 

6 General Act of 1978, $241,468,000, to be derived by 

7 transfer from the Postal Service Fund and expended as 

8 authorized by section 603(b)(3) of the Postal Account9 ability and Enhancement Act (Public Law 109–435). 

10 UNITED STATES TAX COURT

11 SALARIES AND EXPENSES

12 For necessary expenses, including contract reporting 

13 and other services as authorized by 5 U.S.C. 3109, 

14 $51,079,000: Provided, That travel expenses of the judges 

15 shall be paid upon the written certificate of the judge. 

mstockstill on DSK4VPTVN1PROD with BILLS

342 

•HR 3671 IH

1 TITLE VI 

2 GENERAL PROVISIONS—THIS ACT 

3 (INCLUDING RESCISSIONS)

4 SEC. 601. None of the funds in this Act shall be used 

5 for the planning or execution of any program to pay the 

6 expenses of, or otherwise compensate, non-Federal parties 

7 intervening in regulatory or adjudicatory proceedings 

8 funded in this Act. 

9 SEC. 602. None of the funds appropriated in this Act 

10 shall remain available for obligation beyond the current 

11 fiscal year, nor may any be transferred to other appropria12 tions, unless expressly so provided herein. 

13 SEC. 603. The expenditure of any appropriation 

14 under this Act for any consulting service through procure15 ment contract pursuant to 5 U.S.C. 3109, shall be limited 

16 to those contracts where such expenditures are a matter 

17 of public record and available for public inspection, except 

18 where otherwise provided under existing law, or under ex19 isting Executive order issued pursuant to existing law. 

20 SEC. 604. None of the funds made available in this 

21 Act may be transferred to any department, agency, or in22 strumentality of the United States Government, except 

23 pursuant to a transfer made by, or transfer authority pro24 vided in, this Act or any other appropriations Act. 

mstockstill on DSK4VPTVN1PROD with BILLS

343 

•HR 3671 IH

1 SEC. 605. None of the funds made available by this 

2 Act shall be available for any activity or for paying the 

3 salary of any Government employee where funding an ac4 tivity or paying a salary to a Government employee would 

5 result in a decision, determination, rule, regulation, or pol6 icy that would prohibit the enforcement of section 307 of 

7 the Tariff Act of 1930 (19 U.S.C. 1307). 

8 SEC. 606. No funds appropriated pursuant to this 

9 Act may be expended by an entity unless the entity agrees 

10 that in expending the assistance the entity will comply 

11 with the Buy American Act (41 U.S.C. 10a–10c). 

12 SEC. 607. No funds appropriated or otherwise made 

13 available under this Act shall be made available to any 

14 person or entity that has been convicted of violating the 

15 Buy American Act (41 U.S.C. 10a–10c). 

16 SEC. 608. Except as otherwise provided in this Act, 

17 none of the funds provided in this Act, provided by pre18 vious appropriations Acts to the agencies or entities fund19 ed in this Act that remain available for obligation or ex20 penditure in fiscal year 2012, or provided from any ac21 counts in the Treasury derived by the collection of fees 

22 and available to the agencies funded by this Act, shall be 

23 available for obligation or expenditure through a re24 programming of funds that: (1) creates a new program; 

25 (2) eliminates a program, project, or activity; (3) increases 

mstockstill on DSK4VPTVN1PROD with BILLS

344 

•HR 3671 IH

1 funds or personnel for any program, project, or activity 

2 for which funds have been denied or restricted by the Con3 gress; (4) proposes to use funds directed for a specific ac4 tivity by the Committee on Appropriations of either the 

5 House of Representatives or the Senate for a different 

6 purpose; (5) augments existing programs, projects, or ac7 tivities in excess of $5,000,000 or 10 percent, whichever 

8 is less; (6) reduces existing programs, projects, or activi9 ties by $5,000,000 or 10 percent, whichever is less; or (7) 

10 creates or reorganizes offices, programs, or activities un11 less prior approval is received from the Committees on Ap12 propriations of the House of Representatives and the Sen13 ate: Provided, That prior to any significant reorganization 

14 or restructuring of offices, programs, or activities, each 

15 agency or entity funded in this Act shall consult with the 

16 Committees on Appropriations of the House of Represent17 atives and the Senate: Provided further, That not later 

18 than 60 days after the date of enactment of this Act, each 

19 agency funded by this Act shall submit a report to the 

20 Committees on Appropriations of the House of Represent21 atives and the Senate to establish the baseline for applica22 tion of reprogramming and transfer authorities for the 

23 current fiscal year: Provided further, That at a minimum 

24 the report shall include: (1) a table for each appropriation 

25 with a separate column to display the President’s budget 

mstockstill on DSK4VPTVN1PROD with BILLS

345 

•HR 3671 IH

1 request, adjustments made by Congress, adjustments due 

2 to enacted rescissions, if appropriate, and the fiscal year 

3 enacted level; (2) a delineation in the table for each appro4 priation both by object class and program, project, and 

5 activity as detailed in the budget appendix for the respec6 tive appropriation; and (3) an identification of items of 

7 special congressional interest: Provided further, That the 

8 amount appropriated or limited for salaries and expenses 

9 for an agency shall be reduced by $100,000 per day for 

10 each day after the required date that the report has not 

11 been submitted to the Congress. 

12 SEC. 609. Except as otherwise specifically provided 

13 by law, not to exceed 50 percent of unobligated balances 

14 remaining available at the end of fiscal year 2012 from 

15 appropriations made available for salaries and expenses 

16 for fiscal year 2012 in this Act, shall remain available 

17 through September 30, 2013, for each such account for 

18 the purposes authorized: Provided, That a request shall 

19 be submitted to the Committees on Appropriations of the 

20 House of Representatives and the Senate for approval 

21 prior to the expenditure of such funds: Provided further, 

22 That these requests shall be made in compliance with re23 programming guidelines. 

24 SEC. 610. None of the funds made available in this 

25 Act may be used by the Executive Office of the President 

mstockstill on DSK4VPTVN1PROD with BILLS

346 

•HR 3671 IH

1 to request from the Federal Bureau of Investigation any 

2 official background investigation report on any individual, 

3 except when— 

4 (1) such individual has given his or her express 

5 written consent for such request not more than 6 

6 months prior to the date of such request and during 

7 the same presidential administration; or 

8 (2) such request is required due to extraor9 dinary circumstances involving national security. 

10 SEC. 611. The cost accounting standards promul11 gated under chapter 15 of title 41, United States Code 

12 shall not apply with respect to a contract under the Fed13 eral Employees Health Benefits Program established 

14 under chapter 89 of title 5, United States Code. 

15 SEC. 612. For the purpose of resolving litigation and 

16 implementing any settlement agreements regarding the 

17 nonforeign area cost-of-living allowance program, the Of18 fice of Personnel Management may accept and utilize 

19 (without regard to any restriction on unanticipated travel 

20 expenses imposed in an Appropriations Act) funds made 

21 available to the Office of Personnel Management pursuant 

22 to court approval. 

23 SEC. 613. No funds appropriated by this Act shall 

24 be available to pay for an abortion, or the administrative 

25 expenses in connection with any health plan under the 

mstockstill on DSK4VPTVN1PROD with BILLS

347 

•HR 3671 IH

1 Federal employees health benefits program which provides 

2 any benefits or coverage for abortions. 

3 SEC. 614. The provision of section 613 shall not 

4 apply where the life of the mother would be endangered 

5 if the fetus were carried to term, or the pregnancy is the 

6 result of an act of rape or incest. 

7 SEC. 615. In order to promote Government access to 

8 commercial information technology, the restriction on pur9 chasing nondomestic articles, materials, and supplies set 

10 forth in chapter 83 of title 41, United States Code (popu11 larly known as the Buy American Act), shall not apply 

12 to the acquisition by the Federal Government of informa13 tion technology (as defined in section 11101 of title 40, 

14 United States Code), that is a commercial item (as defined 

15 in section 103 of title 41, United States Code). 

16 SEC. 616. Notwithstanding section 1353 of title 31, 

17 United States Code, no officer or employee of any regu18 latory agency or commission funded by this Act may ac19 cept on behalf of that agency, nor may such agency or 

20 commission accept, payment or reimbursement from a 

21 non-Federal entity for travel, subsistence, or related ex22 penses for the purpose of enabling an officer or employee 

23 to attend and participate in any meeting or similar func24 tion relating to the official duties of the officer or em25 ployee when the entity offering payment or reimbursement 

mstockstill on DSK4VPTVN1PROD with BILLS

348 

•HR 3671 IH

1 is a person or entity subject to regulation by such agency 

2 or commission, or represents a person or entity subject 

3 to regulation by such agency or commission, unless the 

4 person or entity is an organization described in section 

5 501(c)(3) of the Internal Revenue Code of 1986 and ex6 empt from tax under section 501(a) of such Code. 

7 SEC. 617. The Public Company Accounting Oversight 

8 Board shall have authority to obligate funds for the schol9 arship program established by section 109(c)(2) of the 

10 Sarbanes-Oxley Act of 2002 (Public Law 107–204) in an 

11 aggregate amount not exceeding the amount of funds col12 lected by the Board as of December 31, 2011, including 

13 accrued interest, as a result of the assessment of monetary 

14 penalties. Funds available for obligation in fiscal year 

15 2012 shall remain available until expended. 

16 SEC. 618. From the unobligated balances of prior 

17 year appropriations made available for the Privacy and 

18 Civil Liberties Oversight Board, $998,000 are rescinded. 

19 SEC. 619. Section 1107 of title 31, United States 

20 Code, is amended by adding to the end thereof the fol21 lowing: ‘‘The President shall transmit promptly to Con22 gress without change, proposed deficiency and supple23 mental appropriations submitted to the President by the 

24 legislative branch and the judicial branch.’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

349 

•HR 3671 IH

1 SEC. 620. Notwithstanding section 708 of this Act, 

2 funds made available to the Commodity Futures Trading 

3 Commission and the Securities and Exchange Commission 

4 by this or any other Act may be used for the interagency 

5 funding and sponsorship of a joint advisory committee to 

6 advise on emerging regulatory issues. 

7 SEC. 621. For purposes of Public Law 109–285, the 

8 period described in section 5134(f)(1)(B) of title 31, 

9 United States Code, shall be treated as a 2-year, 9-month 

10 period. 

11 SEC. 622. The Help America Vote Act of 2002 (Pub12 lic Law 107–252) is amended by: 

13 (1) inserting in section 255(b)(42 U.S.C. 

14 15405) ‘‘posted on the Commission’s website with a 

15 notice’’ after ‘‘cause to have the plan’’; 

16 (2) inserting in section 253(d)(42 U.S.C. 

17 15403) ‘‘notice of’’ prior to ‘‘the State plan’’; 

18 (3) inserting in section 254(a)(11)(42 U.S.C. 

19 15404) ‘‘notice of’’ prior to ‘‘the change’’; and 

20 (4) inserting in section 254(a)(11)(C)(42 

21 U.S.C. 15404) ‘‘notice of’’ prior to ‘‘the change’’. 

22 SEC. 623. From the unobligated balances available 

23 in the Securities and Exchange Commission Reserve Fund 

24 established by section 991 of the Dodd-Frank Wall Street 

mstockstill on DSK4VPTVN1PROD with BILLS

350 

•HR 3671 IH

1 Reform and Consumer Protection Act (Public Law 111– 

2 203), $25,000,000 are rescinded. 

3 SEC. 624. The Department of the Treasury, the Ex4 ecutive Office of the President, the Judiciary, the Federal 

5 Communications Commission, the Federal Trade Commis6 sion, the General Services Administration, the National 

7 Archives and Records Administration, the Securities and 

8 Exchange Commission, and the Small Business Adminis9 tration shall provide the Committees on Appropriations of 

10 the House and the Senate a quarterly accounting of the 

11 cumulative balances of any unobligated funds that were 

12 received by such agency during any previous fiscal year. 

13 SEC. 625. (a)(1) Notwithstanding any other provision 

14 of law, an Executive agency covered by this Act otherwise 

15 authorized to enter into contracts for either leases or the 

16 construction or alteration of real property for office, meet17 ing, storage, or other space must consult with the General 

18 Services Administration before issuing a solicitation for of19 fers of new leases or construction contracts, and in the 

20 case of succeeding leases, before entering into negotiations 

21 with the current lessor. 

22 (2) Any such agency with authority to enter into an 

23 emergency lease may do so during any period declared by 

24 the President to require emergency leasing authority with 

25 respect to such agency. 

mstockstill on DSK4VPTVN1PROD with BILLS

351 

•HR 3671 IH

1 (b) For purposes of this section, the term ‘‘Executive 

2 agency covered by this Act’’ means any Executive agency 

3 provided funds by this Act, but does not include the Gen4 eral Services Administration or the United States Postal 

5 Service. 

6 SEC. 626. None of the funds made available in this 

7 Act may be used by the Federal Trade Commission to 

8 complete the draft report entitled ‘‘Interagency Working 

9 Group on Food Marketed to Children: Preliminary Pro10 posed Nutrition Principles to Guide Industry Self-Regu11 latory Efforts’’ unless the Interagency Working Group on 

12 Food Marketed to Children complies with Executive Order 

13 13563. 

14 SEC. 627. None of the funds made available by this 

15 Act may be used to pay the salaries and expenses for the 

16 following positions: 

17 (1) Director, White House Office of Health Re18 form. 

19 (2) Assistant to the President for Energy and 

20 Climate Change. 

21 (3) Senior Advisor to the Secretary of the 

22 Treasury assigned to the Presidential Task Force on 

23 the Auto Industry and Senior Counselor for Manu24 facturing Policy. 

25 (4) White House Director of Urban Affairs. 

mstockstill on DSK4VPTVN1PROD with BILLS

352 

•HR 3671 IH

1 SEC. 628. None of the funds made available in this 

2 Act may be used by the Federal Communications Commis3 sion to remove the conditions imposed on commercial ter4 restrial operations in the Order and Authorization adopted 

5 by the Commission on January 26, 2011 (DA 11–133), 

6 or otherwise permit such operations, until the Commission 

7 has resolved concerns of potential widespread harmful in8 terference by such commercial terrestrial operations to 

9 commercially available Global Positioning System devices. 

10 SEC. 629. None of the funds made available by this 

11 Act may be expended for any new hire by any Federal 

12 agency funded in this Act that is not verified through the 

13 E-Verify Program established under section 403(a) of the 

14 Illegal Immigration Reform and Immigrant Responsibility 

15 Act of 1996 (8 U.S.C. 1324a note). 

16 SEC. 630. None of the funds made available by this 

17 Act may be used to enter into a contract, memorandum 

18 of understanding, or cooperative agreement with, make a 

19 grant to, or provide a loan or loan guarantee to, any cor20 poration with respect to which any unpaid Federal tax li21 ability has been assessed, for which all judicial and admin22 istrative remedies have been exhausted or have lapsed, and 

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

24 agreement with the authority responsible for collecting the 

25 tax liability, where the awarding agency is aware of the 

mstockstill on DSK4VPTVN1PROD with BILLS

353 

•HR 3671 IH

1 unpaid tax liability, unless the agency has considered sus2 pension or debarment of the corporation and made a de3 termination that this further action is not necessary to 

4 protect the interests of the Government. 

5 SEC. 631. None of the funds made available by this 

6 Act may be used to enter into a contract, memorandum 

7 of understanding, or cooperative agreement with, make a 

8 grant to, or provide a loan or loan guarantee to, any cor9 poration that was convicted or had an officer or agent of 

10 such corporation acting on behalf of the corporation con11 victed of a felony criminal violation under any Federal law 

12 within the preceding 24 months, where the awarding agen13 cy is aware of the conviction, unless the agency has consid14 ered suspension or debarment of the corporation, or such 

15 officer or agent and made a determination that this fur16 ther action is not necessary to protect the interests of the 

17 Government. 

18 SEC. 632. During fiscal year 2012, for purposes of 

19 section 908(b)(1) of the Trade Sanctions Reform and Ex20 port Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)), 

21 the term ‘‘payment of cash in advance’’ shall be inter22 preted as payment before the transfer of title to, and con23 trol of, the exported items to the Cuban purchaser. 

mstockstill on DSK4VPTVN1PROD with BILLS

354 

•HR 3671 IH

1 SEC. 633. Section 8909a(d)(3)(A)(v) of title 5, 

2 United States Code, is amended by striking the date speci3 fied in such section and inserting ‘‘August 1, 2012’’. 

4 SEC. 634. Any amendments made after January 19, 

5 2009, to the regulations set forth in sections 

6 515.560(a)(1), 515.560(c)(4)(i), 515.561, and 515.570 of 

7 title 31, Code of Federal Regulations, are hereby repealed, 

8 and such regulations are restored and shall be carried out 

9 as in effect on such date, notwithstanding any guidelines, 

10 opinions, letters, Presidential directives, or agency prac11 tices relating to such regulations issued or carried out 

12 after such date: Provided, That any references in such sec13 tion 515.561 to the regulations set forth in section 

14 515.560(c) of such Code shall be considered to be ref15 erences to such regulations as in effect on January 19, 

16 2009. 

mstockstill on DSK4VPTVN1PROD with BILLS

355 

•HR 3671 IH

1 TITLE VII 

2 GENERAL PROVISIONS—GOVERNMENT-WIDE 

3 DEPARTMENTS, AGENCIES, AND CORPORATIONS

4 SEC. 701. No department, agency, or instrumentality 

5 of the United States receiving appropriated funds under 

6 this or any other Act for fiscal year 2012 shall obligate 

7 or expend any such funds, unless such department, agen8 cy, or instrumentality has in place, and will continue to 

9 administer in good faith, a written policy designed to en10 sure that all of its workplaces are free from the illegal 

11 use, possession, or distribution of controlled substances 

12 (as defined in the Controlled Substances Act (21 U.S.C. 

13 802)) by the officers and employees of such department, 

14 agency, or instrumentality. 

15 SEC. 702. Unless otherwise specifically provided, the 

16 maximum amount allowable during the current fiscal year 

17 in accordance with subsection 1343(c) of title 31, United 

18 States Code, for the purchase of any passenger motor ve19 hicle (exclusive of buses, ambulances, law enforcement, 

20 and undercover surveillance vehicles), is hereby fixed at 

21 $13,197 except station wagons for which the maximum 

22 shall be $13,631: Provided, That these limits may be ex23 ceeded by not to exceed $3,700 for police-type vehicles, 

24 and by not to exceed $4,000 for special heavy-duty vehi25 cles: Provided further, That the limits set forth in this secmstockstill on DSK4VPTVN1PROD with BILLS

356 

•HR 3671 IH

1 tion may not be exceeded by more than 5 percent for elec2 tric or hybrid vehicles purchased for demonstration under 

3 the provisions of the Electric and Hybrid Vehicle Re4 search, Development, and Demonstration Act of 1976: 

5 Provided further, That the limits set forth in this section 

6 may be exceeded by the incremental cost of clean alter7 native fuels vehicles acquired pursuant to Public Law 

8 101–549 over the cost of comparable conventionally fueled 

9 vehicles: Provided further, That the limits set forth in this 

10 section shall not apply to any vehicle that is a commercial 

11 item and which operates on emerging motor vehicle tech12 nology, including but not limited to electric, plug-in hybrid 

13 electric, and hydrogen fuel cell vehicles. 

14 SEC. 703. Appropriations of the executive depart15 ments and independent establishments for the current fis16 cal year available for expenses of travel, or for the ex17 penses of the activity concerned, are hereby made available 

18 for quarters allowances and cost-of-living allowances, in 

19 accordance with 5 U.S.C. 5922–5924. 

20 SEC. 704. Unless otherwise specified during the cur21 rent fiscal year, no part of any appropriation contained 

22 in this or any other Act shall be used to pay the compensa23 tion of any officer or employee of the Government of the 

24 United States (including any agency the majority of the 

25 stock of which is owned by the Government of the United 

mstockstill on DSK4VPTVN1PROD with BILLS

357 

•HR 3671 IH

1 States) whose post of duty is in the continental United 

2 States unless such person: (1) is a citizen of the United 

3 States; (2) is a person who is lawfully admitted for perma4 nent residence and is seeking citizenship as outlined in 8 

5 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted 

6 as a refugee under 8 U.S.C. 1157 or is granted asylum 

7 under 8 U.S.C. 1158 and has filed a declaration of inten8 tion to become a lawful permanent resident and then a 

9 citizen when eligible; or (4) is a person who owes alle10 giance to the United States: Provided, That for purposes 

11 of this section, affidavits signed by any such person shall 

12 be considered prima facie evidence that the requirements 

13 of this section with respect to his or her status are being 

14 complied with: Provided further, That for purposes of sub15 sections (2) and (3) such affidavits shall be submitted 

16 prior to employment and updated thereafter as necessary: 

17 Provided further, That any person making a false affidavit 

18 shall be guilty of a felony, and upon conviction, shall be 

19 fined no more than $4,000 or imprisoned for not more 

20 than 1 year, or both: Provided further, That the above 

21 penal clause shall be in addition to, and not in substitution 

22 for, any other provisions of existing law: Provided further, 

23 That any payment made to any officer or employee con24 trary to the provisions of this section shall be recoverable 

25 in action by the Federal Government: Provided further, 

mstockstill on DSK4VPTVN1PROD with BILLS

358 

•HR 3671 IH

1 That this section shall not apply to any person who is an 

2 officer or employee of the Government of the United 

3 States on the date of enactment of this Act, or to inter4 national broadcasters employed by the Broadcasting 

5 Board of Governors, or to temporary employment of trans6 lators, or to temporary employment in the field service 

7 (not to exceed 60 days) as a result of emergencies: Pro8 vided further, That this section does not apply to the em9 ployment as Wildland firefighters for not more than 120 

10 days of nonresident aliens employed by the Department 

11 of the Interior or the USDA Forest Service pursuant to 

12 an agreement with another country. 

13 SEC. 705. Appropriations available to any depart14 ment or agency during the current fiscal year for nec15 essary expenses, including maintenance or operating ex16 penses, shall also be available for payment to the General 

17 Services Administration for charges for space and services 

18 and those expenses of renovation and alteration of build19 ings and facilities which constitute public improvements 

20 performed in accordance with the Public Buildings Act of 

21 1959 (73 Stat. 479), the Public Buildings Amendments 

22 of 1972 (86 Stat. 216), or other applicable law. 

23 SEC. 706. In addition to funds provided in this or 

24 any other Act, all Federal agencies are authorized to re25 ceive and use funds resulting from the sale of materials, 

mstockstill on DSK4VPTVN1PROD with BILLS

359 

•HR 3671 IH

1 including Federal records disposed of pursuant to a 

2 records schedule recovered through recycling or waste pre3 vention programs. Such funds shall be available until ex4 pended for the following purposes: 

5 (1) Acquisition, waste reduction and prevention, 

6 and recycling programs as described in Executive 

7 Order No. 13423 (January 24, 2007), including any 

8 such programs adopted prior to the effective date of 

9 the Executive order. 

10 (2) Other Federal agency environmental man11 agement programs, including, but not limited to, the 

12 development and implementation of hazardous waste 

13 management and pollution prevention programs. 

14 (3) Other employee programs as authorized by 

15 law or as deemed appropriate by the head of the 

16 Federal agency. 

17 SEC. 707. Funds made available by this or any other 

18 Act for administrative expenses in the current fiscal year 

19 of the corporations and agencies subject to chapter 91 of 

20 title 31, United States Code, shall be available, in addition 

21 to objects for which such funds are otherwise available, 

22 for rent in the District of Columbia; services in accordance 

23 with 5 U.S.C. 3109; and the objects specified under this 

24 head, all the provisions of which shall be applicable to the 

25 expenditure of such funds unless otherwise specified in the 

mstockstill on DSK4VPTVN1PROD with BILLS

360 

•HR 3671 IH

1 Act by which they are made available: Provided, That in 

2 the event any functions budgeted as administrative ex3 penses are subsequently transferred to or paid from other 

4 funds, the limitations on administrative expenses shall be 

5 correspondingly reduced. 

6 SEC. 708. No part of any appropriation contained in 

7 this or any other Act shall be available for interagency 

8 financing of boards (except Federal Executive Boards), 

9 commissions, councils, committees, or similar groups 

10 (whether or not they are interagency entities) which do 

11 not have a prior and specific statutory approval to receive 

12 financial support from more than one agency or instru13 mentality. 

14 SEC. 709. None of the funds made available pursuant 

15 to the provisions of this Act shall be used to implement, 

16 administer, or enforce any regulation which has been dis17 approved pursuant to a joint resolution duly adopted in 

18 accordance with the applicable law of the United States. 

19 SEC. 710. During the period in which the head of 

20 any department or agency, or any other officer or civilian 

21 employee of the Federal Government appointed by the 

22 President of the United States, holds office, no funds may 

23 be obligated or expended in excess of $5,000 to furnish 

24 or redecorate the office of such department head, agency 

25 head, officer, or employee, or to purchase furniture or 

mstockstill on DSK4VPTVN1PROD with BILLS

361 

•HR 3671 IH

1 make improvements for any such office, unless advance 

2 notice of such furnishing or redecoration is transmitted 

3 to the Committees on Appropriations of the House of Rep4 resentatives and the Senate. For the purposes of this sec5 tion, the term ‘‘office’’ shall include the entire suite of of6 fices assigned to the individual, as well as any other space 

7 used primarily by the individual or the use of which is 

8 directly controlled by the individual. 

9 SEC. 711. Notwithstanding section 31 U.S.C. 1346, 

10 or section 708 of this Act, funds made available for the 

11 current fiscal year by this or any other Act shall be avail12 able for the interagency funding of national security and 

13 emergency preparedness telecommunications initiatives 

14 which benefit multiple Federal departments, agencies, or 

15 entities, as provided by Executive Order No. 12472 (April 

16 3, 1984). 

17 SEC. 712. (a) None of the funds appropriated by this 

18 or any other Act may be obligated or expended by any 

19 Federal department, agency, or other instrumentality for 

20 the salaries or expenses of any employee appointed to a 

21 position of a confidential or policy-determining character 

22 excepted from the competitive service pursuant to 5 

23 U.S.C. 3302, without a certification to the Office of Per24 sonnel Management from the head of the Federal depart25 ment, agency, or other instrumentality employing the 

mstockstill on DSK4VPTVN1PROD with BILLS

362 

•HR 3671 IH

1 Schedule C appointee that the Schedule C position was 

2 not created solely or primarily in order to detail the em3 ployee to the White House. 

4 (b) The provisions of this section shall not apply to 

5 Federal employees or members of the armed forces de6 tailed to or from— 

7 (1) the Central Intelligence Agency; 

8 (2) the National Security Agency; 

9 (3) the Defense Intelligence Agency; 

10 (4) the National Geospatial-Intelligence Agency; 

11 (5) the offices within the Department of De12 fense for the collection of specialized national foreign 

13 intelligence through reconnaissance programs; 

14 (6) the Bureau of Intelligence and Research of 

15 the Department of State; 

16 (7) any agency, office, or unit of the Army, 

17 Navy, Air Force, or Marine Corps, the Department 

18 of Homeland Security, the Federal Bureau of Inves19 tigation or the Drug Enforcement Administration of 

20 the Department of Justice, the Department of 

21 Transportation, the Department of the Treasury, or 

22 the Department of Energy performing intelligence 

23 functions; or 

24 (8) the Director of National Intelligence or the 

25 Office of the Director of National Intelligence. 

mstockstill on DSK4VPTVN1PROD with BILLS

363 

•HR 3671 IH

1 SEC. 713. No part of any appropriation contained in 

2 this or any other Act shall be available for the payment 

3 of the salary of any officer or employee of the Federal 

4 Government, who— 

5 (1) prohibits or prevents, or attempts or threat6 ens to prohibit or prevent, any other officer or em7 ployee of the Federal Government from having any 

8 direct oral or written communication or contact with 

9 any Member, committee, or subcommittee of the 

10 Congress in connection with any matter pertaining 

11 to the employment of such other officer or employee 

12 or pertaining to the department or agency of such 

13 other officer or employee in any way, irrespective of 

14 whether such communication or contact is at the ini15 tiative of such other officer or employee or in re16 sponse to the request or inquiry of such Member, 

17 committee, or subcommittee; or 

18 (2) removes, suspends from duty without pay, 

19 demotes, reduces in rank, seniority, status, pay, or 

20 performance or efficiency rating, denies promotion 

21 to, relocates, reassigns, transfers, disciplines, or dis22 criminates in regard to any employment right, enti23 tlement, or benefit, or any term or condition of em24 ployment of, any other officer or employee of the 

25 Federal Government, or attempts or threatens to 

mstockstill on DSK4VPTVN1PROD with BILLS

364 

•HR 3671 IH

1 commit any of the foregoing actions with respect to 

2 such other officer or employee, by reason of any 

3 communication or contact of such other officer or 

4 employee with any Member, committee, or sub5 committee of the Congress as described in paragraph 

6 (1). 

7 SEC. 714. (a) None of the funds made available in 

8 this or any other Act may be obligated or expended for 

9 any employee training that— 

10 (1) does not meet identified needs for knowl11 edge, skills, and abilities bearing directly upon the 

12 performance of official duties; 

13 (2) contains elements likely to induce high lev14 els of emotional response or psychological stress in 

15 some participants; 

16 (3) does not require prior employee notification 

17 of the content and methods to be used in the train18 ing and written end of course evaluation; 

19 (4) contains any methods or content associated 

20 with religious or quasi-religious belief systems or 

21 ‘‘new age’’ belief systems as defined in Equal Em22 ployment Opportunity Commission Notice N– 

23 915.022, dated September 2, 1988; or 

mstockstill on DSK4VPTVN1PROD with BILLS

365 

•HR 3671 IH

1 (5) is offensive to, or designed to change, par2 ticipants’ personal values or lifestyle outside the 

3 workplace. 

4 (b) Nothing in this section shall prohibit, restrict, or 

5 otherwise preclude an agency from conducting training 

6 bearing directly upon the performance of official duties. 

7 SEC. 715. (a) No funds appropriated in this or any 

8 other Act may be used to implement or enforce the agree9 ments in Standard Forms 312 and 4414 of the Govern10 ment or any other nondisclosure policy, form, or agree11 ment if such policy, form, or agreement does not contain 

12 the following provisions: ‘‘These restrictions are consistent 

13 with and do not supersede, conflict with, or otherwise alter 

14 the employee obligations, rights, or liabilities created by 

15 Executive Order No. 12958; section 7211 of title 5, 

16 United States Code (governing disclosures to Congress); 

17 section 1034 of title 10, United States Code, as amended 

18 by the Military Whistleblower Protection Act (governing 

19 disclosure to Congress by members of the military); sec20 tion 2302(b)(8) of title 5, United States Code, as amended 

21 by the Whistleblower Protection Act of 1989 (governing 

22 disclosures of illegality, waste, fraud, abuse or public 

23 health or safety threats); the Intelligence Identities Pro24 tection Act of 1982 (50 U.S.C. 421 et seq.) (governing 

25 disclosures that could expose confidential Government 

mstockstill on DSK4VPTVN1PROD with BILLS

366 

•HR 3671 IH

1 agents); and the statutes which protect against disclosure 

2 that may compromise the national security, including sec3 tions 641, 793, 794, 798, and 952 of title 18, United 

4 States Code, and section 4(b) of the Subversive Activities 

5 Act of 1950 (50 U.S.C. 783(b)). The definitions, require6 ments, obligations, rights, sanctions, and liabilities created 

7 by said Executive order and listed statutes are incor8 porated into this agreement and are controlling.’’: Pro9 vided, That notwithstanding the preceding provision of 

10 this section, a nondisclosure policy form or agreement that 

11 is to be executed by a person connected with the conduct 

12 of an intelligence or intelligence-related activity, other 

13 than an employee or officer of the United States Govern14 ment, may contain provisions appropriate to the particular 

15 activity for which such document is to be used. Such form 

16 or agreement shall, at a minimum, require that the person 

17 will not disclose any classified information received in the 

18 course of such activity unless specifically authorized to do 

19 so by the United States Government. Such nondisclosure 

20 forms shall also make it clear that they do not bar disclo21 sures to Congress, or to an authorized official of an execu22 tive agency or the Department of Justice, that are essen23 tial to reporting a substantial violation of law. 

24 (b) Effective 180 days after enactment of this Act, 

25 subsection (a) is amended by— 

mstockstill on DSK4VPTVN1PROD with BILLS

367 

•HR 3671 IH

1 (1) striking ‘‘Executive Order No. 12958’’ and 

2 inserting ‘‘Executive Order No. 13526 (75 Fed. Reg. 

3 707), or any successor thereto’’; 

4 (2) after ‘‘the Intelligence Identities Protection 

5 Act of 1982 (50 U.S.C. 421 et seq.) (governing dis6 closures that could expose confidential Government 

7 agents);’’ inserting ‘‘sections 7(c) and 8H of the In8 spector General Act of 1978 (5 U.S.C. App.) (relat9 ing to disclosures to an inspector general, the inspec10 tors general of the Intelligence Community, and 

11 Congress); section 103H(g)(3) of the National Secu12 rity Act of 1947 (50 U.S.C. 403–3h(g)(3) (relating 

13 to disclosures to the inspector general of the Intel14 ligence Community); sections 17(d)(5) and 17(e)(3) 

15 of the Central Intelligence Agency Act of 1949 (50 

16 U.S.C. 403q(d)(5) and 403q(e)(3)) (relating to dis17 closures to the Inspector General of the Central In18 telligence Agency and Congress);’’; and 

19 (3) after ‘‘Subversive Activities’’ inserting 

20 ‘‘Control’’. 

21 (c) A nondisclosure agreement entered into before the 

22 effective date of the amendment in subsection (b) may 

23 continue to be implemented and enforced after that effec24 tive date if it complies with the requirements of subsection 

mstockstill on DSK4VPTVN1PROD with BILLS

368 

•HR 3671 IH

1 (a) that were in effect prior to the effective date of the 

2 amendment in subsection (b). 

3 SEC. 716. No part of any funds appropriated in this 

4 or any other Act shall be used by an agency of the execu5 tive branch, other than for normal and recognized execu6 tive-legislative relationships, for publicity or propaganda 

7 purposes, and for the preparation, distribution or use of 

8 any kit, pamphlet, booklet, publication, radio, television, 

9 or film presentation designed to support or defeat legisla10 tion pending before the Congress, except in presentation 

11 to the Congress itself. 

12 SEC. 717. None of the funds appropriated by this or 

13 any other Act may be used by an agency to provide a Fed14 eral employee’s home address to any labor organization 

15 except when the employee has authorized such disclosure 

16 or when such disclosure has been ordered by a court of 

17 competent jurisdiction. 

18 SEC. 718. None of the funds made available in this 

19 Act or any other Act may be used to provide any non20 public information such as mailing or telephone lists to 

21 any person or any organization outside of the Federal 

22 Government without the approval of the Committees on 

23 Appropriations of the House of Representatives and the 

24 Senate. 

mstockstill on DSK4VPTVN1PROD with BILLS

369 

•HR 3671 IH

1 SEC. 719. No part of any appropriation contained in 

2 this or any other Act shall be used directly or indirectly, 

3 including by private contractor, for publicity or propa4 ganda purposes within the United States not heretofore 

5 authorized by the Congress. 

6 SEC. 720. (a) In this section, the term ‘‘agency’’— 

7 (1) means an Executive agency, as defined 

8 under 5 U.S.C. 105; and 

9 (2) includes a military department, as defined 

10 under section 102 of such title, the Postal Service, 

11 and the Postal Regulatory Commission. 

12 (b) Unless authorized in accordance with law or regu13 lations to use such time for other purposes, an employee 

14 of an agency shall use official time in an honest effort 

15 to perform official duties. An employee not under a leave 

16 system, including a Presidential appointee exempted under 

17 5 U.S.C. 6301(2), has an obligation to expend an honest 

18 effort and a reasonable proportion of such employee’s time 

19 in the performance of official duties. 

20 SEC. 721. Notwithstanding 31 U.S.C. 1346 and sec21 tion 708 of this Act, funds made available for the current 

22 fiscal year by this or any other Act to any department 

23 or agency, which is a member of the Federal Accounting 

24 Standards Advisory Board (FASAB), shall be available to 

mstockstill on DSK4VPTVN1PROD with BILLS

370 

•HR 3671 IH

1 finance an appropriate share of FASAB administrative 

2 costs. 

3 (TRANSFER OF FUNDS)

4 SEC. 722. Notwithstanding 31 U.S.C. 1346 and sec5 tion 708 of this Act, the head of each Executive depart6 ment and agency is hereby authorized to transfer to or 

7 reimburse ‘‘General Services Administration, Government8 wide Policy’’ with the approval of the Director of the Of9 fice of Management and Budget, funds made available for 

10 the current fiscal year by this or any other Act, including 

11 rebates from charge card and other contracts: Provided, 

12 That these funds shall be administered by the Adminis13 trator of General Services to support Government-wide 

14 and other multi-agency financial, information technology, 

15 procurement, and other management innovations, initia16 tives, and activities, as approved by the Director of the 

17 Office of Management and Budget, in consultation with 

18 the appropriate interagency and multi-agency groups des19 ignated by the Director (including the President’s Man20 agement Council for overall management improvement ini21 tiatives, the Chief Financial Officers Council for financial 

22 management initiatives, the Chief Information Officers 

23 Council for information technology initiatives, the Chief 

24 Human Capital Officers Council for human capital initia25 tives, the Chief Acquisition Officers Council for procuremstockstill on DSK4VPTVN1PROD with BILLS

371 

•HR 3671 IH

1 ment initiatives, and the Performance Improvement Coun2 cil for performance improvement initiatives): Provided fur3 ther, That the total funds transferred or reimbursed shall 

4 not exceed $17,000,000 for Government-Wide innovations, 

5 initiatives, and activities: Provided further, That the funds 

6 transferred to or for reimbursement of ‘‘General Services 

7 Administration, Government-wide Policy’’ during fiscal 

8 year 2012 shall remain available for obligation through 

9 September 30, 2013: Provided further, That such trans10 fers or reimbursements may only be made after 15 days 

11 following notification of the Committees on Appropriations 

12 by the Director of the Office of Management and Budget. 

13 SEC. 723. Notwithstanding any other provision of 

14 law, a woman may breastfeed her child at any location 

15 in a Federal building or on Federal property, if the woman 

16 and her child are otherwise authorized to be present at 

17 the location. 

18 SEC. 724. Notwithstanding 31 U.S.C. 1346, or sec19 tion 708 of this Act, funds made available for the current 

20 fiscal year by this or any other Act shall be available for 

21 the interagency funding of specific projects, workshops, 

22 studies, and similar efforts to carry out the purposes of 

23 the National Science and Technology Council (authorized 

24 by Executive Order No. 12881), which benefit multiple 

25 Federal departments, agencies, or entities: Provided, That 

mstockstill on DSK4VPTVN1PROD with BILLS

372 

•HR 3671 IH

1 the Office of Management and Budget shall provide a re2 port describing the budget of and resources connected with 

3 the National Science and Technology Council to the Com4 mittees on Appropriations, the House Committee on 

5 Science and Technology, and the Senate Committee on 

6 Commerce, Science, and Transportation 90 days after en7 actment of this Act. 

8 SEC. 725. Any request for proposals, solicitation, 

9 grant application, form, notification, press release, or 

10 other publications involving the distribution of Federal 

11 funds shall indicate the agency providing the funds, the 

12 Catalog of Federal Domestic Assistance Number, as appli13 cable, and the amount provided: Provided, That this provi14 sion shall apply to direct payments, formula funds, and 

15 grants received by a State receiving Federal funds. 

16 SEC. 726. (a) PROHIBITION OF FEDERAL AGENCY

17 MONITORING OF INDIVIDUALS’ INTERNET USE.—None of 

18 the funds made available in this or any other Act may 

19 be used by any Federal agency— 

20 (1) to collect, review, or create any aggregation 

21 of data, derived from any means, that includes any 

22 personally identifiable information relating to an in23 dividual’s access to or use of any Federal Govern24 ment Internet site of the agency; or 

mstockstill on DSK4VPTVN1PROD with BILLS

373 

•HR 3671 IH

1 (2) to enter into any agreement with a third 

2 party (including another government agency) to col3 lect, review, or obtain any aggregation of data, de4 rived from any means, that includes any personally 

5 identifiable information relating to an individual’s 

6 access to or use of any nongovernmental Internet 

7 site. 

8 (b) EXCEPTIONS.—The limitations established in 

9 subsection (a) shall not apply to— 

10 (1) any record of aggregate data that does not 

11 identify particular persons; 

12 (2) any voluntary submission of personally iden13 tifiable information; 

14 (3) any action taken for law enforcement, regu15 latory, or supervisory purposes, in accordance with 

16 applicable law; or 

17 (4) any action described in subsection (a)(1) 

18 that is a system security action taken by the oper19 ator of an Internet site and is necessarily incident 

20 to providing the Internet site services or to pro21 tecting the rights or property of the provider of the 

22 Internet site. 

23 (c) DEFINITIONS.—For the purposes of this section: 

mstockstill on DSK4VPTVN1PROD with BILLS

374 

•HR 3671 IH

1 (1) The term ‘‘regulatory’’ means agency ac2 tions to implement, interpret or enforce authorities 

3 provided in law. 

4 (2) The term ‘‘supervisory’’ means examina5 tions of the agency’s supervised institutions, includ6 ing assessing safety and soundness, overall financial 

7 condition, management practices and policies and 

8 compliance with applicable standards as provided in 

9 law. 

10 SEC. 727. (a) None of the funds appropriated by this 

11 Act may be used to enter into or renew a contract which 

12 includes a provision providing prescription drug coverage, 

13 except where the contract also includes a provision for con14 traceptive coverage. 

15 (b) Nothing in this section shall apply to a contract 

16 with— 

17 (1) any of the following religious plans: 

18 (A) Personal Care’s HMO; and 

19 (B) OSF HealthPlans, Inc.; and 

20 (2) any existing or future plan, if the carrier 

21 for the plan objects to such coverage on the basis of 

22 religious beliefs. 

23 (c) In implementing this section, any plan that enters 

24 into or renews a contract under this section may not sub25 ject any individual to discrimination on the basis that the 

mstockstill on DSK4VPTVN1PROD with BILLS

375 

•HR 3671 IH

1 individual refuses to prescribe or otherwise provide for 

2 contraceptives because such activities would be contrary 

3 to the individual’s religious beliefs or moral convictions. 

4 (d) Nothing in this section shall be construed to re5 quire coverage of abortion or abortion-related services. 

6 SEC. 728. The United States is committed to ensur7 ing the health of its Olympic, Pan American, and 

8 Paralympic athletes, and supports the strict adherence to 

9 anti-doping in sport through testing, adjudication, edu10 cation, and research as performed by nationally recognized 

11 oversight authorities. 

12 SEC. 729. Notwithstanding any other provision of 

13 law, funds appropriated for official travel by Federal de14 partments and agencies may be used by such departments 

15 and agencies, if consistent with Office of Management and 

16 Budget Circular A–126 regarding official travel for Gov17 ernment personnel, to participate in the fractional aircraft 

18 ownership pilot program. 

19 SEC. 730. Notwithstanding any other provision of 

20 law, none of the funds appropriated or made available 

21 under this Act or any other appropriations Act may be 

22 used to implement or enforce restrictions or limitations on 

23 the Coast Guard Congressional Fellowship Program, or to 

24 implement the proposed regulations of the Office of Per25 sonnel Management to add sections 300.311 through 

mstockstill on DSK4VPTVN1PROD with BILLS

376 

•HR 3671 IH

1 300.316 to part 300 of title 5 of the Code of Federal Reg2 ulations, published in the Federal Register, volume 68, 

3 number 174, on September 9, 2003 (relating to the detail 

4 of executive branch employees to the legislative branch). 

5 SEC. 731. Notwithstanding any other provision of 

6 law, no executive branch agency shall purchase, construct, 

7 and/or lease any additional facilities, except within or con8 tiguous to existing locations, to be used for the purpose 

9 of conducting Federal law enforcement training without 

10 the advance approval of the Committees on Appropriations 

11 of the House of Representatives and the Senate, except 

12 that the Federal Law Enforcement Training Center is au13 thorized to obtain the temporary use of additional facilities 

14 by lease, contract, or other agreement for training which 

15 cannot be accommodated in existing Center facilities. 

16 SEC. 732. (a) For fiscal year 2012, no funds shall 

17 be available for transfers or reimbursements to the E-Gov18 ernment initiatives sponsored by the Office of Manage19 ment and Budget prior to 15 days following submission 

20 of a report to the Committees on Appropriations of the 

21 House of Representatives and the Senate by the Director 

22 of the Office of Management and Budget and receipt of 

23 approval to transfer funds by the Committees on Appro24 priations of the House of Representatives and the Senate. 

mstockstill on DSK4VPTVN1PROD with BILLS

377 

•HR 3671 IH

1 (b) The report in subsection (a) and other required 

2 justification materials shall include at a minimum— 

3 (1) a description of each initiative including but 

4 not limited to its objectives, benefits, development 

5 status, risks, cost effectiveness (including estimated 

6 net costs or savings to the government), and the es7 timated date of full operational capability; 

8 (2) the total development cost of each initiative 

9 by fiscal year including costs to date, the estimated 

10 costs to complete its development to full operational 

11 capability, and estimated annual operations and 

12 maintenance costs; and 

13 (3) the sources and distribution of funding by 

14 fiscal year and by agency and bureau for each initia15 tive including agency contributions to date and esti16 mated future contributions by agency. 

17 (c) No funds shall be available for obligation or ex18 penditure for new E-Government initiatives without the 

19 explicit approval of the Committees on Appropriations of 

20 the House of Representatives and the Senate. 

21 SEC. 733. None of the funds appropriated or other22 wise made available by this or any other Act may be used 

23 to begin or announce a study or public-private competition 

24 regarding the conversion to contractor performance of any 

25 function performed by Federal employees pursuant to Ofmstockstill on DSK4VPTVN1PROD with BILLS

378 

•HR 3671 IH

1 fice of Management and Budget Circular A–76 or any 

2 other administrative regulation, directive, or policy. 

3 SEC. 734. Unless otherwise authorized by existing 

4 law, none of the funds provided in this Act or any other 

5 Act may be used by an executive branch agency to produce 

6 any prepackaged news story intended for broadcast or dis7 tribution in the United States, unless the story includes 

8 a clear notification within the text or audio of the pre9 packaged news story that the prepackaged news story was 

10 prepared or funded by that executive branch agency. 

11 SEC. 735. None of the funds made available in this 

12 Act may be used in contravention of section 552a of title 

13 5, United States Code (popularly known as the Privacy 

14 Act) and regulations implementing that section. 

15 SEC. 736. Each executive department and agency 

16 shall evaluate the creditworthiness of an individual before 

17 issuing the individual a government travel charge card. 

18 Such evaluations for individually billed travel charge cards 

19 shall include an assessment of the individual’s consumer 

20 report from a consumer reporting agency as those terms 

21 are defined in section 603 of the Fair Credit Reporting 

22 Act (Public Law 91–508): Provided, That the department 

23 or agency may not issue a government travel charge card 

24 to an individual that either lacks a credit history or is 

25 found to have an unsatisfactory credit history as a result 

mstockstill on DSK4VPTVN1PROD with BILLS

379 

•HR 3671 IH

1 of this evaluation: Provided further, That this restriction 

2 shall not preclude issuance of a restricted-use charge, 

3 debit, or stored value card made in accordance with agency 

4 procedures to: (1) an individual with an unsatisfactory 

5 credit history where such card is used to pay travel ex6 penses and the agency determines there is no suitable al7 ternative payment mechanism available before issuing the 

8 card; or (2) an individual who lacks a credit history. Each 

9 executive department and agency shall establish guidelines 

10 and procedures for disciplinary actions to be taken against 

11 agency personnel for improper, fraudulent, or abusive use 

12 of government charge cards, which shall include appro13 priate disciplinary actions for use of charge cards for pur14 poses, and at establishments, that are inconsistent with 

15 the official business of the Department or agency or with 

16 applicable standards of conduct. 

17 SEC. 737. (a) DEFINITIONS.—For purposes of this 

18 section the following definitions apply: 

19 (1) GREAT LAKES.—The terms ‘‘Great Lakes’’ 

20 and ‘‘Great Lakes State’’ have the same meanings 

21 as such terms have in section 506 of the Water Re22 sources Development Act of 2000 (42 U.S.C. 

23 1962d–22). 

24 (2) GREAT LAKES RESTORATION ACTIVITIES.— 

25 The term ‘‘Great Lakes restoration activities’’ 

mstockstill on DSK4VPTVN1PROD with BILLS

380 

•HR 3671 IH

1 means any Federal or State activity primarily or en2 tirely within the Great Lakes watershed that seeks 

3 to improve the overall health of the Great Lakes eco4 system. 

5 (b) REPORT.—Not later than 45 days after submis6 sion of the budget of the President to Congress, the Direc7 tor of the Office of Management and Budget, in coordina8 tion with the Governor of each Great Lakes State and the 

9 Great Lakes Interagency Task Force, shall submit to the 

10 appropriate authorizing and appropriating committees of 

11 the Senate and the House of Representatives a financial 

12 report, certified by the Secretary of each agency that has 

13 budget authority for Great Lakes restoration activities, 

14 containing— 

15 (1) an interagency budget crosscut report 

16 that— 

17 (A) displays the budget proposed, including 

18 any planned interagency or intra-agency trans19 fer, for each of the Federal agencies that car20 ries out Great Lakes restoration activities in 

21 the upcoming fiscal year, separately reporting 

22 the amount of funding to be provided under ex23 isting laws pertaining to the Great Lakes eco24 system; and 

mstockstill on DSK4VPTVN1PROD with BILLS

381 

•HR 3671 IH

1 (B) identifies all expenditures since fiscal 

2 year 2004 by the Federal Government and 

3 State governments for Great Lakes restoration 

4 activities; 

5 (2) a detailed accounting of all funds received 

6 and obligated by all Federal agencies and, to the ex7 tent available, State agencies using Federal funds, 

8 for Great Lakes restoration activities during the cur9 rent and previous fiscal years; 

10 (3) a budget for the proposed projects (includ11 ing a description of the project, authorization level, 

12 and project status) to be carried out in the upcom13 ing fiscal year with the Federal portion of funds for 

14 activities; and 

15 (4) a listing of all projects to be undertaken in 

16 the upcoming fiscal year with the Federal portion of 

17 funds for activities. 

18 SEC. 738. (a) IN GENERAL.—None of the funds ap19 propriated or otherwise made available by this or any 

20 other Act may be used for any Federal Government con21 tract with any foreign incorporated entity which is treated 

22 as an inverted domestic corporation under section 835(b) 

23 of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) 

24 or any subsidiary of such an entity. 

25 (b) WAIVERS.— 

mstockstill on DSK4VPTVN1PROD with BILLS

382 

•HR 3671 IH

1 (1) IN GENERAL.—Any Secretary shall waive 

2 subsection (a) with respect to any Federal Govern3 ment contract under the authority of such Secretary 

4 if the Secretary determines that the waiver is re5 quired in the interest of national security. 

6 (2) REPORT TO CONGRESS.—Any Secretary 

7 issuing a waiver under paragraph (1) shall report 

8 such issuance to Congress. 

9 (c) EXCEPTION.—This section shall not apply to any 

10 Federal Government contract entered into before the date 

11 of the enactment of this Act, or to any task order issued 

12 pursuant to such contract. 

13 SEC. 739. None of the funds made available by this 

14 or any other Act may be used to implement, administer, 

15 enforce, or apply the rule entitled ‘‘Competitive Area’’ 

16 published by the Office of Personnel Management in the 

17 Federal Register on April 15, 2008 (73 Fed. Reg. 20180 

18 et seq.). 

19 SEC. 740. Section 743 of the Consolidated Appropria20 tions Act, 2010 (Public Law 111–117; 31 U.S.C. 501 

21 note) is amended in subsection (a)(3), by inserting after 

22 ‘‘exercise of an option’’ the following: ‘‘, and task orders 

23 issued under any such contract,’’. 

24 SEC. 741. During fiscal year 2012, for each employee 

25 who— 

mstockstill on DSK4VPTVN1PROD with BILLS

383 

•HR 3671 IH

1 (1) retires under section 8336(d)(2) or 

2 8414(b)(1)(B) of title 5, United States Code, or 

3 (2) retires under any other provision of sub4 chapter III of chapter 83 or chapter 84 of such title 

5 5 and receives a payment as an incentive to sepa6 rate, the separating agency shall remit to the Civil 

7 Service Retirement and Disability Fund an amount 

8 equal to the Office of Personnel Management’s aver9 age unit cost of processing a retirement claim for 

10 the preceding fiscal year. Such amounts shall be 

11 available until expended to the Office of Personnel 

12 Management and shall be deemed to be an adminis13 trative expense under section 8348(a)(1)(B) of title 

14 5, United States Code. 

15 SEC. 742. Except as expressly provided otherwise, 

16 any reference to ‘‘this Act’’ contained in any title other 

17 than title IV or VIII shall not apply to such title IV or 

18 VIII. 

19 SEC. 743. (a) None of the funds made available in 

20 this or any other Act may be used to recommend or re21 quire any entity submitting an offer for a Federal contract 

22 to disclose any of the following information as a condition 

23 of submitting the offer: 

24 (1) Any payment consisting of a contribution, 

25 expenditure, independent expenditure, or disbursemstockstill on DSK4VPTVN1PROD with BILLS

384 

•HR 3671 IH

1 ment for an electioneering communication that is 

2 made by the entity, its officers or directors, or any 

3 of its affiliates or subsidiaries to a candidate for 

4 election for Federal office or to a political com5 mittee, or that is otherwise made with respect to any 

6 election for Federal office. 

7 (2) Any disbursement of funds (other than a 

8 payment described in paragraph (1)) made by the 

9 entity, its officers or directors, or any of its affiliates 

10 or subsidiaries to any person with the intent or the 

11 reasonable expectation that the person will use the 

12 funds to make a payment described in paragraph 

13 (1). 

14 (b) In this section, each of the terms ‘‘contribution’’, 

15 ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘election16 eering communication’’, ‘‘candidate’’, ‘‘election’’, and 

17 ‘‘Federal office’’ has the meaning given such term in the 

18 Federal Election Campaign Act of 1971 (2 U.S.C. 431 

19 et seq.). 

mstockstill on DSK4VPTVN1PROD with BILLS

385 

•HR 3671 IH

1 TITLE VIII 

2 GENERAL PROVISIONS—DISTRICT OF 

3 COLUMBIA 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 801. There are appropriated from the applicable 

6 funds of the District of Columbia such sums as may be 

7 necessary for making refunds and for the payment of legal 

8 settlements or judgments that have been entered against 

9 the District of Columbia government. 

10 SEC. 802. None of the Federal funds provided in this 

11 Act shall be used for publicity or propaganda purposes or 

12 implementation of any policy including boycott designed 

13 to support or defeat legislation pending before Congress 

14 or any State legislature. 

15 SEC. 803. (a) None of the Federal funds provided 

16 under this Act to the agencies funded by this Act, both 

17 Federal and District government agencies, that remain 

18 available for obligation or expenditure in fiscal year 2012, 

19 or provided from any accounts in the Treasury of the 

20 United States derived by the collection of fees available 

21 to the agencies funded by this Act, shall be available for 

22 obligation or expenditures for an agency through a re23 programming of funds which— 

24 (1) creates new programs; 

mstockstill on DSK4VPTVN1PROD with BILLS

386 

•HR 3671 IH

1 (2) eliminates a program, project, or responsi2 bility center; 

3 (3) establishes or changes allocations specifi4 cally denied, limited or increased under this Act; 

5 (4) increases funds or personnel by any means 

6 for any program, project, or responsibility center for 

7 which funds have been denied or restricted; 

8 (5) re-establishes any program or project pre9 viously deferred through reprogramming; 

10 (6) augments any existing program, project, or 

11 responsibility center through a reprogramming of 

12 funds in excess of $3,000,000 or 10 percent, which13 ever is less; or 

14 (7) increases by 20 percent or more personnel 

15 assigned to a specific program, project or responsi16 bility center, 

17 unless the Committees on Appropriations of the House of 

18 Representatives and the Senate are notified in writing 15 

19 days in advance of the reprogramming. 

20 (b) The District of Columbia government is author21 ized to approve and execute reprogramming and transfer 

22 requests of local funds under this title through November 

23 1, 2012. 

24 SEC. 804. None of the Federal funds provided in this 

25 Act may be used by the District of Columbia to provide 

mstockstill on DSK4VPTVN1PROD with BILLS

387 

•HR 3671 IH

1 for salaries, expenses, or other costs associated with the 

2 offices of United States Senator or United States Rep3 resentative under section 4(d) of the District of Columbia 

4 Statehood Constitutional Convention Initiatives of 1979 

5 (D.C. Law 3–171; D.C. Official Code, sec. 1–123). 

6 SEC. 805. Except as otherwise provided in this sec7 tion, none of the funds made available by this Act or by 

8 any other Act may be used to provide any officer or em9 ployee of the District of Columbia with an official vehicle 

10 unless the officer or employee uses the vehicle only in the 

11 performance of the officer’s or employee’s official duties. 

12 For purposes of this section, the term ‘‘official duties’’ 

13 does not include travel between the officer’s or employee’s 

14 residence and workplace, except in the case of— 

15 (1) an officer or employee of the Metropolitan 

16 Police Department who resides in the District of Co17 lumbia or a District of Columbia government em18 ployee as may otherwise be designated by the Chief 

19 of the Department; 

20 (2) at the discretion of the Fire Chief, an offi21 cer or employee of the District of Columbia Fire and 

22 Emergency Medical Services Department who re23 sides in the District of Columbia and is on call 24 

24 hours a day or is otherwise designated by the Fire 

25 Chief; 

mstockstill on DSK4VPTVN1PROD with BILLS

388 

•HR 3671 IH

1 (3) at the discretion of the Director of the De2 partment of Corrections, an officer or employee of 

3 the District of Columbia Department of Corrections 

4 who resides in the District of Columbia and is on 

5 call 24 hours a day or is otherwise designated by the 

6 Director; 

7 (4) the Mayor of the District of Columbia; and 

8 (5) the Chairman of the Council of the District 

9 of Columbia. 

10 SEC. 806. (a) None of the Federal funds contained 

11 in this Act may be used by the District of Columbia Attor12 ney General or any other officer or entity of the District 

13 government to provide assistance for any petition drive or 

14 civil action which seeks to require Congress to provide for 

15 voting representation in Congress for the District of Co16 lumbia. 

17 (b) Nothing in this section bars the District of Co18 lumbia Attorney General from reviewing or commenting 

19 on briefs in private lawsuits, or from consulting with offi20 cials of the District government regarding such lawsuits. 

21 SEC. 807. None of the Federal funds contained in 

22 this Act may be used to distribute any needle or syringe 

23 for the purpose of preventing the spread of blood borne 

24 pathogens in any location that has been determined by the 

mstockstill on DSK4VPTVN1PROD with BILLS

389 

•HR 3671 IH

1 local public health or local law enforcement authorities to 

2 be inappropriate for such distribution. 

3 SEC. 808. Nothing in this Act may be construed to 

4 prevent the Council or Mayor of the District of Columbia 

5 from addressing the issue of the provision of contraceptive 

6 coverage by health insurance plans, but it is the intent 

7 of Congress that any legislation enacted on such issue 

8 should include a ‘‘conscience clause’’ which provides excep9 tions for religious beliefs and moral convictions. 

10 SEC. 809. Hereafter, as part of the submission of the 

11 annual budget justification, the Mayor of the District of 

12 Columbia shall submit to the Committees on Appropria13 tions of the House of Representatives and the Senate, the 

14 Committee on Oversight and Government Reform of the 

15 House of Representatives, and the Committee on Home16 land Security and Governmental Affairs of the Senate a 

17 report addressing— 

18 (1) crime, including the homicide rate, imple19 mentation of community policing, and the number of 

20 police officers on local beats; 

21 (2) access to substance and alcohol abuse treat22 ment, including the number of treatment slots, the 

23 number of people served, the number of people on 

24 waiting lists, and the effectiveness of treatment pro25 grams, the retention rates in treatment programs, 

mstockstill on DSK4VPTVN1PROD with BILLS

390 

•HR 3671 IH

1 and the recidivism/re-arrest rates for treatment par2 ticipants; 

3 (3) education, including access to special edu4 cation services and student achievement to be pro5 vided in consultation with the District of Columbia 

6 Public Schools, repeated grade rates, high school 

7 graduation rates, and post-secondary education at8 tendance rates; 

9 (4) improvement in basic District services, in10 cluding rat control and abatement; and 

11 (5) application for and management of Federal 

12 grants, including the number and type of grants for 

13 which the District was eligible but failed to apply 

14 and the number and type of grants awarded to the 

15 District but for which the District failed to spend 

16 the amounts received. 

17 SEC. 810. None of the Federal funds contained in 

18 this Act may be used to enact or carry out any law, rule, 

19 or regulation to legalize or otherwise reduce penalties asso20 ciated with the possession, use, or distribution of any 

21 schedule I substance under the Controlled Substances Act 

22 (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols de23 rivative. 

24 SEC. 811. None of the funds appropriated under this 

25 Act shall be expended for any abortion except where the 

mstockstill on DSK4VPTVN1PROD with BILLS

391 

•HR 3671 IH

1 life of the mother would be endangered if the fetus were 

2 carried to term or where the pregnancy is the result of 

3 an act of rape or incest. 

4 SEC. 812. (a) No later than 30 calendar days after 

5 the date of the enactment of this Act, the Chief Financial 

6 Officer for the District of Columbia shall submit to the 

7 appropriate committees of Congress, the Mayor, and the 

8 Council of the District of Columbia, a revised appropriated 

9 funds operating budget in the format of the budget that 

10 the District of Columbia government submitted pursuant 

11 to section 442 of the District of Columbia Home Rule Act 

12 (D.C. Official Code, sec. 1–204.42), for all agencies of the 

13 District of Columbia government for fiscal year 2012 that 

14 is in the total amount of the approved appropriation and 

15 that realigns all budgeted data for personal services and 

16 other-than-personal services, respectively, with anticipated 

17 actual expenditures. 

18 (b) This section shall apply only to an agency for 

19 which the Chief Financial Officer for the District of Co20 lumbia certifies that a reallocation is required to address 

21 unanticipated changes in program requirements. 

22 SEC. 813. No later than 30 calendar days after the 

23 date of the enactment of this Act, the Chief Financial Offi24 cer for the District of Columbia shall submit to the appro25 priate committees of Congress, the Mayor, and the Council 

mstockstill on DSK4VPTVN1PROD with BILLS

392 

•HR 3671 IH

1 for the District of Columbia, a revised appropriated funds 

2 operating budget for the District of Columbia Public 

3 Schools that aligns schools budgets to actual enrollment. 

4 The revised appropriated funds budget shall be in the for5 mat of the budget that the District of Columbia govern6 ment submitted pursuant to section 442 of the District 

7 of Columbia Home Rule Act (D.C. Official Code, Sec. 1– 

8 204.42). 

9 SEC. 814. Amounts appropriated in this Act as oper10 ating funds may be transferred to the District of Colum11 bia’s enterprise and capital funds and such amounts, once 

12 transferred, shall retain appropriation authority consistent 

13 with the provisions of this Act. 

14 SEC. 815. Notwithstanding any other laws, for this 

15 and succeeding fiscal years, the Director of the District 

16 of Columbia Public Defender Service shall, to the extent 

17 the Director considers appropriate, provide representation 

18 for and hold harmless, or provide liability insurance for, 

19 any person who is an employee, member of the Board of 

20 Trustees, or officer of the District of Columbia Public De21 fender Service for money damages arising out of any 

22 claim, proceeding, or case at law relating to the furnishing 

23 of representational services or management services or re24 lated services while acting within the scope of that per25 son’s office or employment, including, but not limited to 

mstockstill on DSK4VPTVN1PROD with BILLS

393 

•HR 3671 IH

1 such claims, proceedings, or cases at law involving employ2 ment actions, injury, loss of liberty, property damage, loss 

3 of property, or personal injury, or death arising from mal4 practice or negligence of any such officer or employee. 

5 SEC. 816. Section 346 of the District of Columbia 

6 Appropriations Act, 2005 (Public Law 108–335) is 

7 amended— 

8 (1) in the title, by striking ‘‘BIENNIAL’’; 

9 (2) in subsection (a), by striking ‘‘Biennial 

10 management’’ and inserting ‘‘Management’’; 

11 (3) in subsection (a), by striking ‘‘States.’’ and 

12 inserting ‘‘States every five years.’’; and 

13 (4) in subsection (b)(6), by striking ‘‘2’’ and in14 serting ‘‘5’’. 

15 SEC. 817. Except as expressly provided otherwise, 

16 any reference to ‘‘this Act’’ contained in this title or in 

17 title IV shall be treated as referring only to the provisions 

18 of this title or of title IV. 

19 This division may be cited as the ‘‘Financial Services 

20 and General Government Appropriations Act, 2012’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

394 

•HR 3671 IH

1 DIVISION D—DEPARTMENT OF HOME2 LAND SECURITY APPROPRIATIONS 

3 ACT, 2012 

4 TITLE I—DEPARTMENTAL MANAGEMENT AND 

5 OPERATIONS 

6

7 OFFICE OF THE SECRETARY AND EXECUTIVE

8 MANAGEMENT

9 For necessary expenses of the Office of the Secretary 

10 of Homeland Security, as authorized by section 102 of the 

11 Homeland Security Act of 2002 (6 U.S.C. 112), and exec12 utive management of the Department of Homeland Secu13 rity, as authorized by law, $133,159,000: Provided, That 

14 not to exceed $51,000 shall be for official reception and 

15 representation expenses, of which $17,000 shall be made 

16 available to the Office of Policy for Visa Waiver Program 

17 negotiations in Washington, DC, and for other inter18 national activities: Provided further, That all official costs 

19 associated with the use of government aircraft by Depart20 ment of Homeland Security personnel to support official 

21 travel of the Secretary and the Deputy Secretary shall be 

22 paid from amounts made available for the Immediate Of23 fice of the Secretary and the Immediate Office of the Dep24 uty Secretary: Provided further, That of the total amount 

25 made available under this heading, $1,800,000 shall remstockstill on DSK4VPTVN1PROD with BILLS

395 

•HR 3671 IH

1 main available until March 30, 2012, for the Office of 

2 Counternarcotics Enforcement, of which up to $1,800,000 

3 may, notwithstanding section 503 of this Act, be trans4 ferred to the Office of Policy: Provided further, That 

5 amounts transferred pursuant to the preceding proviso 

6 shall remain available until September 30, 2012: Provided 

7 further, That the Assistant Secretary for Policy shall sub8 mit to the Committees on Appropriations of the Senate 

9 and the House of Representatives not later than March 

10 30, 2012, an expenditure plan for the Office of Policy 

11 which includes a detailed description of any funds trans12 ferred to the Office for counternarcotics enforcement and 

13 activities related to risk management and analysis: Pro14 vided further, That $30,000,000 shall not be available for 

15 obligation until the Secretary of Homeland Security sub16 mits to the Committees on Appropriations of the Senate 

17 and the House of Representatives a comprehensive plan 

18 for implementation of the biometric air exit system, as 

19 mandated in Public Law 110–53, including the estimated 

20 costs of implementation. 

21 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

22 For necessary expenses of the Office of the Under 

23 Secretary for Management, as authorized by sections 701 

24 through 705 of the Homeland Security Act of 2002 (6 

25 U.S.C. 341 through 345), $235,587,000, of which not to 

mstockstill on DSK4VPTVN1PROD with BILLS

396 

•HR 3671 IH

1 exceed $2,500 shall be for official reception and represen2 tation expenses: Provided, That of the total amount made 

3 available under this heading, $5,000,000 shall remain 

4 available until September 30, 2016, solely for the alter5 ation and improvement of facilities, tenant improvements, 

6 and relocation costs to consolidate Department head7 quarters operations at the Nebraska Avenue Complex; and 

8 $14,172,000 shall remain available until September 30, 

9 2014, for the Human Resources Information Technology 

10 program: Provided further, That the Under Secretary for 

11 Management shall, pursuant to the requirements con12 tained in the explanatory statement described in section 

13 4 (in the matter preceding division A of this consolidated 

14 Act), provide to the Committees on Appropriations of the 

15 Senate and the House of Representatives a Comprehensive 

16 Acquisition Status Report with the President’s budget for 

17 fiscal year 2013 as submitted under section 1105(a) of 

18 title 31, United States Code, and quarterly updates to 

19 such report not later than 30 days after the completion 

20 of each quarter. 

21 OFFICE OF THE CHIEF FINANCIAL OFFICER

22 For necessary expenses of the Office of the Chief Fi23 nancial Officer, as authorized by section 103 of the Home24 land Security Act of 2002 (6 U.S.C. 113), $50,860,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

397 

•HR 3671 IH

1 OFFICE OF THE CHIEF INFORMATION OFFICER

2 For necessary expenses of the Office of the Chief In3 formation Officer, as authorized by section 103 of the 

4 Homeland Security Act of 2002 (6 U.S.C. 113), and De5 partment-wide technology investments, $257,300,000; of 

6 which $105,500,000 shall be available for salaries and ex7 penses; and of which $151,800,000, to remain available 

8 until September 30, 2014, shall be available for develop9 ment and acquisition of information technology equip10 ment, software, services, and related activities for the De11 partment of Homeland Security: Provided, That the De12 partment of Homeland Security Chief Information Officer 

13 shall submit to the Committees on Appropriations of the 

14 Senate and the House of Representatives, at the time that 

15 the President’s budget is submitted each year under sec16 tion 1105(a) of title 31, United States Code, a multi-year 

17 investment and management plan, to include each of fiscal 

18 years 2012 through 2015, for all information technology 

19 acquisition projects funded under this heading or funded 

20 by multiple components of the Department of Homeland 

21 Security through reimbursable agreements, that in22 cludes— 

23 (1) the proposed appropriations included for 

24 each project and activity tied to mission require25 ments, program management capabilities, performmstockstill on DSK4VPTVN1PROD with BILLS

398 

•HR 3671 IH

1 ance levels, and specific capabilities and services to 

2 be delivered; 

3 (2) the total estimated cost and projected 

4 timeline of completion for all multi-year enhance5 ments, modernizations, and new capabilities that are 

6 proposed in such budget or underway; 

7 (3) a detailed accounting of operations and 

8 maintenance and contractor services costs; and 

9 (4) a current acquisition program baseline for 

10 each project, that— 

11 (A) notes and explains any deviations in 

12 cost, performance parameters, schedule, or esti13 mated date of completion from the original ac14 quisition program baseline; 

15 (B) aligns the acquisition programs cov16 ered by the baseline to mission requirements by 

17 defining existing capabilities, identifying known 

18 capability gaps between such existing capabili19 ties and stated mission requirements, and ex20 plaining how each increment will address such 

21 known capability gaps; and 

22 (C) defines life-cycle costs for such pro23 grams. 

mstockstill on DSK4VPTVN1PROD with BILLS

399 

•HR 3671 IH

1 ANALYSIS AND OPERATIONS

2 For necessary expenses for intelligence analysis and 

3 operations coordination activities, as authorized by title II 

4 of the Homeland Security Act of 2002 (6 U.S.C. 121 et 

5 seq.), $338,068,000; of which not to exceed $4,250 shall 

6 be for official reception and representation expenses; and 

7 of which $141,521,000 shall remain available until Sep8 tember 30, 2013. 

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector 

11 General in carrying out the provisions of the Inspector 

12 General Act of 1978 (5 U.S.C. App.), $117,000,000, of 

13 which not to exceed $300,000 may be used for certain con14 fidential operational expenses, including the payment of 

15 informants, to be expended at the direction of the Inspec16 tor General. 

mstockstill on DSK4VPTVN1PROD with BILLS

400 

•HR 3671 IH

1 TITLE II 

2 SECURITY, ENFORCEMENT, AND 

3 INVESTIGATIONS 

4 U.S. CUSTOMS AND BORDER PROTECTION

5 SALARIES AND EXPENSES

6 For necessary expenses for enforcement of laws relat7 ing to border security, immigration, customs, agricultural 

8 inspections and regulatory activities related to plant and 

9 animal imports, and transportation of unaccompanied 

10 minor aliens; purchase and lease of up to 7,500 (6,500 

11 for replacement only) police-type vehicles; and contracting 

12 with individuals for personal services abroad; 

13 $8,680,118,000; of which $3,274,000 shall be derived 

14 from the Harbor Maintenance Trust Fund for administra15 tive expenses related to the collection of the Harbor Main16 tenance Fee pursuant to section 9505(c)(3) of the Internal 

17 Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and not18 withstanding section 1511(e)(1) of the Homeland Security 

19 Act of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed 

20 $38,250 shall be for official reception and representation 

21 expenses; of which not less than $287,901,000 shall be 

22 for Air and Marine Operations; of which such sums as 

23 become available in the Customs User Fee Account, except 

24 sums subject to section 13031(f)(3) of the Consolidated 

25 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 

mstockstill on DSK4VPTVN1PROD with BILLS

401 

•HR 3671 IH

1 58c(f)(3)), shall be derived from that account; of which 

2 not to exceed $150,000 shall be available for payment for 

3 rental space in connection with preclearance operations; 

4 of which not to exceed $1,000,000 shall be for awards of 

5 compensation to informants, to be accounted for solely 

6 under the certificate of the Secretary of Homeland Secu7 rity: Provided, That for fiscal year 2012, the overtime lim8 itation prescribed in section 5(c)(1) of the Act of February 

9 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and not10 withstanding any other provision of law, none of the funds 

11 appropriated by this Act may be available to compensate 

12 any employee of U.S. Customs and Border Protection for 

13 overtime, from whatever source, in an amount that ex14 ceeds such limitation, except in individual cases deter15 mined by the Secretary of Homeland Security, or the des16 ignee of the Secretary, to be necessary for national secu17 rity purposes, to prevent excessive costs, or in cases of 

18 immigration emergencies: Provided further, That the Bor19 der Patrol shall maintain an active duty presence of not 

20 less than 21,370 full-time equivalent agents protecting the 

21 borders of the United States in the fiscal year: Provided 

22 further, That the Commissioner of U.S. Customs and Bor23 der Protection shall submit to the Committees on Appro24 priations of the Senate and the House of Representatives, 

25 with the congressional budget justification, a multi-year 

mstockstill on DSK4VPTVN1PROD with BILLS

402 

•HR 3671 IH

1 investment and management plan, to include each fiscal 

2 year starting with the current fiscal year and the 3 subse3 quent fiscal years, for inspection and detection technology 

4 supporting operations under this heading, including all 

5 non-intrusive inspection and radiation detection tech6 nology, that provides— 

7 (1) the funding level for all inspection and de8 tection technology equipment by source; 

9 (2) the inventory of inspection and detection 

10 technology equipment by type and age; 

11 (3) the proposed appropriations for procure12 ment of inspection and detection technology equip13 ment by type, including quantity, for deployment, 

14 and for operations and maintenance; 

15 (4) projected funding levels for procurement of 

16 inspection and detection technology equipment by 

17 type, including quantity, for deployment, and for op18 erations and maintenance for each of the 3 subse19 quent fiscal years; and 

20 (5) a current acquisition program baseline 

21 that— 

22 (A) aligns the acquisition of each tech23 nology to mission requirements by defining ex24 isting capabilities of comparable legacy tech25 nology assets, identifying known capability gaps 

mstockstill on DSK4VPTVN1PROD with BILLS

403 

•HR 3671 IH

1 between such existing capabilities and stated 

2 mission requirements, and explaining how the 

3 acquisition of each technology will address such 

4 known capability gaps; 

5 (B) defines life-cycle costs for each tech6 nology, including all associated costs of major 

7 acquisitions systems infrastructure and transi8 tion to operations, delineated by purpose and 

9 fiscal year for the projected service life of the 

10 technology; and 

11 (C) includes a phase-out and decommis12 sioning schedule delineated by fiscal year for ex13 isting legacy technology assets that each tech14 nology is intended to replace or recapitalize. 

15 AUTOMATION MODERNIZATION

16 For expenses for U.S. Customs and Border Protec17 tion automated systems, $334,275,000, to remain avail18 able until September 30, 2014, of which not less than 

19 $140,000,000 shall be for the development of the Auto20 mated Commercial Environment: Provided, That of the 

21 total amount made available under this heading, 

22 $25,000,000 may not be obligated for the Automated 

23 Commercial Environment program until the Commissioner 

24 of U.S. Customs and Border Protection submits to the 

25 Committees on Appropriations of the Senate and the 

mstockstill on DSK4VPTVN1PROD with BILLS

404 

•HR 3671 IH

1 House of Representatives, not later than 60 days after the 

2 date of enactment of this Act, an expenditure plan for the 

3 Automated Commercial Environment program including 

4 results to date, plans for the program, and a list of 

5 projects with associated funding from prior appropriations 

6 and provided by this Act. 

7 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

8 TECHNOLOGY

9 For expenses for border security fencing, infrastruc10 ture, and technology, $400,000,000, to remain available 

11 until September 30, 2014: Provided, That of the total 

12 amount made available under this heading, $60,000,000 

13 shall not be obligated until the Committees on Appropria14 tions of the Senate and the House of Representatives re15 ceive a detailed plan for expenditure, prepared by the 

16 Commissioner of U.S. Customs and Border Protection, 

17 and submitted not later than 90 days after the date of 

18 enactment of this Act, for a program to establish and 

19 maintain a security barrier along the borders of the 

20 United States of fencing and vehicle barriers, where prac21 ticable, and of other forms of tactical infrastructure and 

22 technology: Provided further, That the Commissioner of 

23 U.S. Customs and Border Protection shall submit to the 

24 Committees on Appropriations of the Senate and the 

25 House of Representatives, at the time that the President’s 

mstockstill on DSK4VPTVN1PROD with BILLS

405 

•HR 3671 IH

1 budget is submitted each year under section 1105(a) of 

2 title 31, United States Code, a multi-year investment and 

3 management plan for the Border Security Fencing, Infra4 structure, and Technology account, that includes for each 

5 tactical infrastructure and technology deployment— 

6 (1) the funding level in that budget and pro7 jected funding levels for each of the next 3 fiscal 

8 years, including a description of the purpose of such 

9 funds; 

10 (2) the deployment plan, by border segment, 

11 that aligns each deployment to mission requirements 

12 by defining existing capabilities, identifying known 

13 capability gaps between such existing capabilities 

14 and stated mission requirements related to achieving 

15 operational control, and explaining how each tactical 

16 infrastructure or technology deployment will address 

17 such known capability gaps; and 

18 (3) a current acquisition program baseline 

19 that— 

20 (A) notes and explains any deviations in 

21 cost, performance parameters, schedule, or esti22 mated date of completion from the most recent 

23 acquisition program baseline approved by the 

24 Department of Homeland Security Acquisition 

25 Review Board; 

mstockstill on DSK4VPTVN1PROD with BILLS

406 

•HR 3671 IH

1 (B) includes a phase-out and life-cycle re2 capitalization schedule delineated by fiscal year 

3 for existing and new tactical infrastructure and 

4 technology deployments that each deployment is 

5 intended to replace or recapitalize; and 

6 (C) includes qualitative performance 

7 metrics that assess the effectiveness of new and 

8 existing tactical infrastructure and technology 

9 deployments and inform the next multi-year in10 vestment and management plan related to 

11 achieving operational control of the Northern 

12 and Southwest borders of the United States. 

13 AIR AND MARINE INTERDICTION, OPERATIONS, 

14 MAINTENANCE, AND PROCUREMENT

15 For necessary expenses for the operations, mainte16 nance, and procurement of marine vessels, aircraft, un17 manned aircraft systems, and other related equipment of 

18 the air and marine program, including operational train19 ing and mission-related travel, the operations of which in20 clude the following: the interdiction of narcotics and other 

21 goods; the provision of support to Federal, State, and local 

22 agencies in the enforcement or administration of laws en23 forced by the Department of Homeland Security; and, at 

24 the discretion of the Secretary of Homeland Security, the 

25 provision of assistance to Federal, State, and local agenmstockstill on DSK4VPTVN1PROD with BILLS

407 

•HR 3671 IH

1 cies in other law enforcement and emergency humani2 tarian efforts, $503,966,000, to remain available until 

3 September 30, 2014: Provided, That no aircraft or other 

4 related equipment, with the exception of aircraft that are 

5 one of a kind and have been identified as excess to U.S. 

6 Customs and Border Protection requirements and aircraft 

7 that have been damaged beyond repair, shall be trans8 ferred to any other Federal agency, department, or office 

9 outside of the Department of Homeland Security during 

10 fiscal year 2012 without the prior approval of the Commit11 tees on Appropriations of the Senate and the House of 

12 Representatives: Provided further, That the Secretary of 

13 Homeland Security shall report to the Committees on Ap14 propriations of the Senate and the House of Representa15 tives, not later than 90 days after the date of enactment 

16 of this Act, on the update to the 5-year strategic plan for 

17 the air and marine program directed in conference report 

18 109–241 accompanying Public Law 109–90 that address19 es missions, structure, operations, equipment, facilities, 

20 and resources including deployment and command and 

21 control requirements, and includes a recapitalization plan 

22 with milestones and funding, and a detailed staffing plan 

23 with associated costs to achieve full staffing to meet all 

24 mission requirements. 

mstockstill on DSK4VPTVN1PROD with BILLS

408 

•HR 3671 IH

1 CONSTRUCTION AND FACILITIES MANAGEMENT

2 For necessary expenses to plan, acquire, construct, 

3 renovate, equip, furnish, operate, manage, and maintain 

4 buildings, facilities, and related infrastructure necessary 

5 for the administration and enforcement of the laws relat6 ing to customs, immigration, and border security, 

7 $236,596,000, to remain available until September 30, 

8 2016: Provided, That for fiscal year 2012 and thereafter, 

9 the annual budget submission of U.S. Customs and Bor10 der Protection for ‘‘Construction and Facilities Manage11 ment’’ shall, in consultation with the General Services Ad12 ministration, include a detailed 5-year plan for all Federal 

13 land border port of entry projects with a yearly update 

14 of total projected future funding needs delineated by land 

15 port of entry: Provided further, That the Commissioner of 

16 U.S. Customs and Border Protection shall submit to the 

17 Committees on Appropriations of the Senate and the 

18 House of Representatives, at the time that the President’s 

19 budget is submitted each year under section 1105(a) of 

20 title 31, United States Code, an inventory of the real prop21 erty of U.S. Customs and Border Protection and a plan 

22 for each activity and project proposed for funding under 

23 this heading that includes the full cost by fiscal year of 

24 each activity and project proposed and underway in fiscal 

25 year 2013. 

mstockstill on DSK4VPTVN1PROD with BILLS

409 

•HR 3671 IH

1 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

2 SALARIES AND EXPENSES

3 For necessary expenses for enforcement of immigra4 tion and customs laws, detention and removals, and inves5 tigations, including overseas vetted units operations; and 

6 purchase and lease of up to 3,790 (2,350 for replacement 

7 only) police-type vehicles; $5,528,874,000; of which not to 

8 exceed $10,000,000 shall be available until expended for 

9 conducting special operations under section 3131 of the 

10 Customs Enforcement Act of 1986 (19 U.S.C. 2081); of 

11 which not to exceed $12,750 shall be for official reception 

12 and representation expenses; of which not to exceed 

13 $2,000,000 shall be for awards of compensation to inform14 ants, to be accounted for solely under the certificate of 

15 the Secretary of Homeland Security; of which not less 

16 than $305,000 shall be for promotion of public awareness 

17 of the child pornography tipline and activities to counter 

18 child exploitation; of which not less than $5,400,000 shall 

19 be used to facilitate agreements consistent with section 

20 287(g) of the Immigration and Nationality Act (8 U.S.C. 

21 1357(g)); and of which not to exceed $11,216,000 shall 

22 be available to fund or reimburse other Federal agencies 

23 for the costs associated with the care, maintenance, and 

24 repatriation of smuggled aliens unlawfully present in the 

25 United States: Provided, That none of the funds made 

mstockstill on DSK4VPTVN1PROD with BILLS

410 

•HR 3671 IH

1 available under this heading shall be available to com2 pensate any employee for overtime in an annual amount 

3 in excess of $35,000, except that the Secretary of Home4 land Security, or the designee of the Secretary, may waive 

5 that amount as necessary for national security purposes 

6 and in cases of immigration emergencies: Provided further, 

7 That of the total amount provided, $15,770,000 shall be 

8 for activities to enforce laws against forced child labor, 

9 of which not to exceed $6,000,000 shall remain available 

10 until expended: Provided further, That of the total amount 

11 available, not less than $1,600,000,000 shall be available 

12 to identify aliens convicted of a crime who may be deport13 able, and to remove them from the United States once 

14 they are judged deportable, of which $189,064,000 shall 

15 remain available until September 30, 2013: Provided fur16 ther, That the Assistant Secretary of Homeland Security 

17 for U.S. Immigration and Customs Enforcement shall re18 port to the Committees on Appropriations of the Senate 

19 and the House of Representatives, not later than 45 days 

20 after the end of each quarter of the fiscal year, on progress 

21 in implementing the preceding proviso and the funds obli22 gated during that quarter to make such progress: Provided 

23 further, That the Secretary of Homeland Security shall 

24 prioritize the identification and removal of aliens convicted 

25 of a crime by the severity of that crime: Provided further, 

mstockstill on DSK4VPTVN1PROD with BILLS

411 

•HR 3671 IH

1 That funding made available under this heading shall 

2 maintain a level of not less than 34,000 detention beds 

3 through September 30, 2012: Provided further, That of 

4 the total amount provided, not less than $2,750,843,000 

5 is for detention and removal operations, including trans6 portation of unaccompanied minor aliens: Provided fur7 ther, That of the total amount provided, $10,300,000 shall 

8 remain available until September 30, 2013, for the Visa 

9 Security Program: Provided further, That none of the 

10 funds provided under this heading may be used to con11 tinue a delegation of law enforcement authority authorized 

12 under section 287(g) of the Immigration and Nationality 

13 Act (8 U.S.C. 1357(g)) if the Department of Homeland 

14 Security Inspector General determines that the terms of 

15 the agreement governing the delegation of authority have 

16 been violated: Provided further, That none of the funds 

17 provided under this heading may be used to continue any 

18 contract for the provision of detention services if the two 

19 most recent overall performance evaluations received by 

20 the contracted facility are less than ‘‘adequate’’ or the 

21 equivalent median score in any subsequent performance 

22 evaluation system: Provided further, That nothing under 

23 this heading shall prevent U.S. Immigration and Customs 

24 Enforcement from exercising those authorities provided 

25 under immigration laws (as defined in section 101(a)(17) 

mstockstill on DSK4VPTVN1PROD with BILLS

412 

•HR 3671 IH

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

2 1101(a)(17))) during priority operations pertaining to 

3 aliens convicted of a crime. 

4 AUTOMATION MODERNIZATION

5 For expenses of immigration and customs enforce6 ment automated systems, $21,710,000, to remain avail7 able until September 30, 2016. 

8 TRANSPORTATION SECURITY ADMINISTRATION

9 AVIATION SECURITY

10 For necessary expenses of the Transportation Secu11 rity Administration related to providing civil aviation secu12 rity services pursuant to the Aviation and Transportation 

13 Security Act (Public Law 107–71; 115 Stat. 597; 49 

14 U.S.C. 40101 note), $5,253,956,000, to remain available 

15 until September 30, 2013, of which not to exceed $8,500 

16 shall be for official reception and representation expenses: 

17 Provided, That of the total amount made available under 

18 this heading, not to exceed $4,167,631,000 shall be for 

19 screening operations, of which $543,103,000 shall be 

20 available for explosives detection systems; $204,768,000 

21 shall be for checkpoint support; and not to exceed 

22 $1,086,325,000 shall be for aviation security direction and 

23 enforcement: Provided further, That of the amount made 

24 available in the preceding proviso for explosives detection 

25 systems, $222,738,000 shall be available for the purchase 

mstockstill on DSK4VPTVN1PROD with BILLS

413 

•HR 3671 IH

1 and installation of these systems, of which not less than 

2 10 percent shall be available for the purchase and installa3 tion of certified explosives detection systems at medium4 and small-sized airports: Provided further, That any award 

5 to deploy explosives detection systems shall be based on 

6 risk, the airport’s current reliance on other screening solu7 tions, lobby congestion resulting in increased security con8 cerns, high injury rates, airport readiness, and increased 

9 cost effectiveness: Provided further, That security service 

10 fees authorized under section 44940 of title 49, United 

11 States Code, shall be credited to this appropriation as off12 setting collections and shall be available only for aviation 

13 security: Provided further, That the sum appropriated 

14 under this heading from the general fund shall be reduced 

15 on a dollar-for-dollar basis as such offsetting collections 

16 are received during fiscal year 2012 so as to result in a 

17 final fiscal year appropriation from the general fund esti18 mated at not more than $3,223,956,000: Provided further, 

19 That any security service fees collected in excess of the 

20 amount made available under this heading shall become 

21 available during fiscal year 2013: Provided further, That 

22 notwithstanding section 44923 of title 49, United States 

23 Code, for fiscal year 2012, any funds in the Aviation Secu24 rity Capital Fund established by section 44923(h) of title 

25 49, United States Code, may be used for the procurement 

mstockstill on DSK4VPTVN1PROD with BILLS

414 

•HR 3671 IH

1 and installation of explosives detection systems or for the 

2 issuance of other transaction agreements for the purpose 

3 of funding projects described in section 44923(a): Pro4 vided further, That none of the funds made available in 

5 this Act may be used for any recruiting or hiring of per6 sonnel into the Transportation Security Administration 

7 that would cause the agency to exceed a staffing level of 

8 46,000 full-time equivalent screeners: Provided further, 

9 That the preceding proviso shall not apply to personnel 

10 hired as part-time employees: Provided further, That not 

11 later than 90 days after the date of enactment of this Act, 

12 the Secretary of Homeland Security shall submit to the 

13 Committees on Appropriations of the Senate and the 

14 House of Representatives a detailed report on— 

15 (1) the Department of Homeland Security ef16 forts and resources being devoted to develop more 

17 advanced integrated passenger screening tech18 nologies for the most effective security of passengers 

19 and baggage at the lowest possible operating and ac20 quisition costs; 

21 (2) how the Transportation Security Adminis22 tration is deploying its existing passenger and bag23 gage screener workforce in the most cost effective 

24 manner; and 

mstockstill on DSK4VPTVN1PROD with BILLS

415 

•HR 3671 IH

1 (3) labor savings from the deployment of im2 proved technologies for passenger and baggage 

3 screening and how those savings are being used to 

4 offset security costs or reinvested to address security 

5 vulnerabilities: 

6 Provided further, That Members of the United States 

7 House of Representatives and United States Senate, in8 cluding the leadership; the heads of Federal agencies and 

9 commissions, including the Secretary, Deputy Secretary, 

10 Under Secretaries, and Assistant Secretaries of the De11 partment of Homeland Security; the United States Attor12 ney General, Deputy Attorney General, Assistant Attor13 neys General, and the United States Attorneys; and senior 

14 members of the Executive Office of the President, includ15 ing the Director of the Office of Management and Budget, 

16 shall not be exempt from Federal passenger and baggage 

17 screening. 

18 SURFACE TRANSPORTATION SECURITY

19 For necessary expenses of the Transportation Secu20 rity Administration related to surface transportation secu21 rity activities, $134,748,000, to remain available until 

22 September 30, 2013. 

mstockstill on DSK4VPTVN1PROD with BILLS

416 

•HR 3671 IH

1 TRANSPORTATION THREAT ASSESSMENT AND

2 CREDENTIALING

3 For necessary expenses for the development and im4 plementation of screening programs of the Office of 

5 Transportation Threat Assessment and Credentialing, 

6 $163,954,000, to remain available until September 30, 

7 2013. 

8 TRANSPORTATION SECURITY SUPPORT

9 For necessary expenses of the Transportation Secu10 rity Administration related to transportation security sup11 port and intelligence pursuant to the Aviation and Trans12 portation Security Act (Public Law 107–71; 115 Stat. 

13 597; 49 U.S.C. 40101 note), $1,031,926,000, to remain 

14 available until September 30, 2013: Provided, That of the 

15 funds appropriated under this heading, $20,000,000 may 

16 not be obligated for headquarters administration until the 

17 Administrator of the Transportation Security Administra18 tion submits to the Committees on Appropriations of the 

19 Senate and the House of Representatives detailed expendi20 ture plans for air cargo security, checkpoint support, and 

21 explosives detection systems refurbishment, procurement, 

22 and installations on an airport-by-airport basis for fiscal 

23 year 2012: Provided further, That these plans shall be sub24 mitted not later than 60 days after the date of enactment 

25 of this Act. 

mstockstill on DSK4VPTVN1PROD with BILLS

417 

•HR 3671 IH

1 FEDERAL AIR MARSHALS

2 For necessary expenses of the Federal Air Marshals, 

3 $966,115,000. 

4 COAST GUARD

5 OPERATING EXPENSES

6 For necessary expenses for the operation and mainte7 nance of the Coast Guard, not otherwise provided for; pur8 chase or lease of not to exceed 25 passenger motor vehi9 cles, which shall be for replacement only; purchase or lease 

10 of small boats for contingent and emergent requirements 

11 (at a unit cost of no more than $700,000) and repairs 

12 and service-life replacements, not to exceed a total of 

13 $31,000,000; purchase or lease of boats necessary for 

14 overseas deployments and activities; minor shore construc15 tion projects not exceeding $1,000,000 in total cost at any 

16 location; payments pursuant to section 156 of Public Law 

17 97–377 (42 U.S.C. 402 note; 96 Stat. 1920); and recre18 ation and welfare; $7,051,054,000, of which $598,000,000 

19 shall be for defense-related activities, of which 

20 $258,000,000 is designated by the Congress for Overseas 

21 Contingency Operations/Global War on Terrorism pursu22 ant to section 251(b)(2)(A) of the Balanced Budget and 

23 Emergency Deficit Control Act of 1985; of which 

24 $24,500,000 shall be derived from the Oil Spill Liability 

25 Trust Fund to carry out the purposes of section 

mstockstill on DSK4VPTVN1PROD with BILLS

418 

•HR 3671 IH

1 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 

2 2712(a)(5)); and of which not to exceed $17,000 shall be 

3 for official reception and representation expenses: Pro4 vided, That none of the funds made available by this Act 

5 shall be for expenses incurred for recreational vessels 

6 under section 12114 of title 46, United States Code, ex7 cept to the extent fees are collected from owners of yachts 

8 and credited to this appropriation: Provided further, That 

9 the Coast Guard shall comply with the requirements of 

10 section 527 of the National Defense Authorization Act for 

11 Fiscal Year 2004 (10 U.S.C. 4331 note) with respect to 

12 the Coast Guard Academy: Provided further, That of the 

13 funds provided under this heading, $75,000,000 shall be 

14 withheld from obligation for Coast Guard Headquarters 

15 Directorates until a revised future-years capital invest16 ment plan for fiscal years 2013 through 2017, as specified 

17 under the heading Coast Guard ‘‘Acquisition, Construc18 tion, and Improvements’’ of this Act is submitted to the 

19 Committees on Appropriations of the Senate and the 

20 House of Representatives: Provided further, That funds 

21 made available under this heading for Overseas Contin22 gency Operations/Global War on Terrorism may be allo23 cated by program, project, and activity, notwithstanding 

24 section 503 of this Act. 

mstockstill on DSK4VPTVN1PROD with BILLS

419 

•HR 3671 IH

1 ENVIRONMENTAL COMPLIANCE AND RESTORATION

2 For necessary expenses to carry out the environ3 mental compliance and restoration functions of the Coast 

4 Guard under chapter 19 of title 14, United States Code, 

5 $13,500,000, to remain available until September 30, 

6 2016. 

7 RESERVE TRAINING

8 For necessary expenses of the Coast Guard Reserve, 

9 as authorized by law; operations and maintenance of the 

10 Coast Guard reserve program; personnel and training 

11 costs; and equipment and services; $134,278,000. 

12 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

13 For necessary expenses of acquisition, construction, 

14 renovation, and improvement of aids to navigation, shore 

15 facilities, vessels, and aircraft, including equipment related 

16 thereto; and maintenance, rehabilitation, lease and oper17 ation of facilities and equipment; as authorized by law; 

18 $1,403,924,000, of which $20,000,000 shall be derived 

19 from the Oil Spill Liability Trust Fund to carry out the 

20 purposes of section 1012(a)(5) of the Oil Pollution Act 

21 of 1990 (33 U.S.C. 2712(a)(5)); of which $20,000,000 

22 shall remain available until September 30, 2016, for mili23 tary family housing, of which not more than $14,000,000 

24 shall be derived from the Coast Guard Housing Fund, es25 tablished pursuant to 14 U.S.C. 687; of which 

mstockstill on DSK4VPTVN1PROD with BILLS

420 

•HR 3671 IH

1 $642,000,000 shall be available until September 30, 2016, 

2 to acquire, effect major repairs to, renovate, or improve 

3 vessels, small boats, and related equipment; of which 

4 $289,900,000 shall be available until September 30, 2016, 

5 to acquire, effect major repairs to, renovate, or improve 

6 aircraft or increase aviation capability; of which 

7 $161,140,000 shall be available until September 30, 2016, 

8 for other acquisition programs; of which $180,692,000 

9 shall be available until September 30, 2016, for shore fa10 cilities and aids to navigation, including waterfront facili11 ties at Navy installations used by the Coast Guard; of 

12 which $110,192,000 shall be available for personnel com13 pensation and benefits and related costs: Provided, That 

14 the funds provided by this Act shall be immediately avail15 able and allotted to contract for long lead time materials, 

16 components, and designs for the sixth National Security 

17 Cutter notwithstanding the availability of funds for pro18 duction costs or post-production costs: Provided further, 

19 That the Secretary of Homeland Security shall submit to 

20 the Committees on Appropriations of the Senate and the 

21 House of Representatives, at the time that the President’s 

22 budget is submitted each year under section 1105(a) of 

23 title 31, United States Code, a future-years capital invest24 ment plan for the Coast Guard that identifies for each 

25 requested capital asset— 

mstockstill on DSK4VPTVN1PROD with BILLS

421 

•HR 3671 IH

1 (1) the proposed appropriations included in that 

2 budget; 

3 (2) the total estimated cost of completion, in4 cluding and clearly delineating the costs of associ5 ated major acquisition systems infrastructure and 

6 transition to operations; 

7 (3) projected funding levels for each fiscal year 

8 for the next 5 fiscal years or until acquisition pro9 gram baseline or project completion, whichever is 

10 earlier; 

11 (4) an estimated completion date at the pro12 jected funding levels; and 

13 (5) a current acquisition program baseline for 

14 each capital asset, as applicable, that— 

15 (A) includes the total acquisition cost of 

16 each asset, subdivided by fiscal year and includ17 ing a detailed description of the purpose of the 

18 proposed funding levels for each fiscal year, in19 cluding for each fiscal year funds requested for 

20 design, pre-acquisition activities, production, 

21 structural modifications, missionization, post22 delivery, and transition to operations costs; 

23 (B) includes a detailed project schedule 

24 through completion, subdivided by fiscal year, 

25 that details— 

mstockstill on DSK4VPTVN1PROD with BILLS

422 

•HR 3671 IH

1 (i) quantities planned for each fiscal 

2 year; and 

3 (ii) major acquisition and project 

4 events, including development of oper5 ational requirements, contracting actions, 

6 design reviews, production, delivery, test 

7 and evaluation, and transition to oper8 ations, including necessary training, shore 

9 infrastructure, and logistics; 

10 (C) notes and explains any deviations in 

11 cost, performance parameters, schedule, or esti12 mated date of completion from the original ac13 quisition program baseline and the most recent 

14 baseline approved by the Department of Home15 land Security’s Acquisition Review Board, if ap16 plicable; 

17 (D) aligns the acquisition of each asset to 

18 mission requirements by defining existing capa19 bilities of comparable legacy assets, identifying 

20 known capability gaps between such existing ca21 pabilities and stated mission requirements, and 

22 explaining how the acquisition of each asset will 

23 address such known capability gaps; 

24 (E) defines life-cycle costs for each asset 

25 and the date of the estimate on which such 

mstockstill on DSK4VPTVN1PROD with BILLS

423 

•HR 3671 IH

1 costs are based, including all associated costs of 

2 major acquisitions systems infrastructure and 

3 transition to operations, delineated by purpose 

4 and fiscal year for the projected service life of 

5 the asset; 

6 (F) includes the earned value management 

7 system summary schedule performance index 

8 and cost performance index for each asset, if 

9 applicable; and 

10 (G) includes a phase-out and decommis11 sioning schedule delineated by fiscal year for 

12 each existing legacy asset that each asset is in13 tended to replace or recapitalize: 

14 Provided further, That the Secretary of Homeland Secu15 rity shall ensure that amounts specified in the future-years 

16 capital investment plan are consistent, to the maximum 

17 extent practicable, with proposed appropriations necessary 

18 to support the programs, projects, and activities of the 

19 Coast Guard in the President’s budget as submitted under 

20 section 1105(a) of title 31, United States Code, for that 

21 fiscal year: Provided further, That any inconsistencies be22 tween the capital investment plan and proposed appropria23 tions shall be identified and justified: Provided further, 

24 That subsections (a) and (b) of section 6402 of Public 

mstockstill on DSK4VPTVN1PROD with BILLS

424 

•HR 3671 IH

1 Law 110–28 shall apply with respect to the amounts made 

2 available under this heading. 

3 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

4 For necessary expenses for applied scientific re5 search, development, test, and evaluation; and for mainte6 nance, rehabilitation, lease, and operation of facilities and 

7 equipment; as authorized by law; $27,779,000, to remain 

8 available until September 30, 2016, of which $500,000 

9 shall be derived from the Oil Spill Liability Trust Fund 

10 to carry out the purposes of section 1012(a)(5) of the Oil 

11 Pollution Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, 

12 That there may be credited to and used for the purposes 

13 of this appropriation funds received from State and local 

14 governments, other public authorities, private sources, and 

15 foreign countries for expenses incurred for research, devel16 opment, testing, and evaluation. 

17 RETIRED PAY

18 For retired pay, including the payment of obligations 

19 otherwise chargeable to lapsed appropriations for this pur20 pose, payments under the Retired Serviceman’s Family 

21 Protection and Survivor Benefits Plans, payment for ca22 reer status bonuses, concurrent receipts and combat-re23 lated special compensation under the National Defense 

24 Authorization Act, and payments for medical care of re25 tired personnel and their dependents under chapter 55 of 

mstockstill on DSK4VPTVN1PROD with BILLS

425 

•HR 3671 IH

1 title 10, United States Code, $1,440,157,000, to remain 

2 available until expended. 

3 UNITED STATES SECRET SERVICE

4 SALARIES AND EXPENSES

5 For necessary expenses of the United States Secret 

6 Service, including purchase of not to exceed 652 vehicles 

7 for police-type use for replacement only; hire of passenger 

8 motor vehicles; purchase of motorcycles made in the 

9 United States; hire of aircraft; services of expert witnesses 

10 at such rates as may be determined by the Director of 

11 the Secret Service; rental of buildings in the District of 

12 Columbia, and fencing, lighting, guard booths, and other 

13 facilities on private or other property not in Government 

14 ownership or control, as may be necessary to perform pro15 tective functions; payment of per diem or subsistence al16 lowances to employees in cases in which a protective as17 signment on the actual day or days of the visit of a 

18 protectee requires an employee to work 16 hours per day 

19 or to remain overnight at a post of duty; conduct of and 

20 participation in firearms matches; presentation of awards; 

21 travel of United States Secret Service employees on pro22 tective missions without regard to the limitations on such 

23 expenditures in this or any other Act if approval is ob24 tained in advance from the Committees on Appropriations 

25 of the Senate and the House of Representatives; research 

mstockstill on DSK4VPTVN1PROD with BILLS

426 

•HR 3671 IH

1 and development; grants to conduct behavioral research in 

2 support of protective research and operations; and pay3 ment in advance for commercial accommodations as may 

4 be necessary to perform protective functions; 

5 $1,661,237,000, of which not to exceed $21,250 shall be 

6 for official reception and representation expenses; of which 

7 not to exceed $100,000 shall be to provide technical assist8 ance and equipment to foreign law enforcement organiza9 tions in counterfeit investigations; of which $2,366,000 

10 shall be for forensic and related support of investigations 

11 of missing and exploited children; and of which 

12 $6,000,000 shall be for a grant for activities related to 

13 investigations of missing and exploited children and shall 

14 remain available until September 30, 2013: Provided, 

15 That up to $18,000,000 for protective travel shall remain 

16 available until September 30, 2013: Provided further, That 

17 up to $19,307,000 for National Special Security Events 

18 shall remain available until September 30, 2013: Provided 

19 further, That the United States Secret Service is author20 ized to obligate funds in anticipation of reimbursements 

21 from Federal agencies and entities, as defined in section 

22 105 of title 5, United States Code, for personnel receiving 

23 training sponsored by the James J. Rowley Training Cen24 ter, except that total obligations at the end of the fiscal 

25 year shall not exceed total budgetary resources available 

mstockstill on DSK4VPTVN1PROD with BILLS

427 

•HR 3671 IH

1 under this heading at the end of the fiscal year: Provided 

2 further, That none of the funds made available under this 

3 heading shall be available to compensate any employee for 

4 overtime in an annual amount in excess of $35,000, except 

5 that the Secretary of Homeland Security, or the designee 

6 of the Secretary, may waive that amount as necessary for 

7 national security purposes: Provided further, That none of 

8 the funds made available to the United States Secret Serv9 ice by this Act or by previous appropriations Acts may 

10 be made available for the protection of the head of a Fed11 eral agency other than the Secretary of Homeland Secu12 rity: Provided further, That the Director of the United 

13 States Secret Service may enter into an agreement to pro14 vide such protection on a fully reimbursable basis: Pro15 vided further, That of the total amount made available 

16 under this heading, $43,843,000, to remain available until 

17 September 30, 2014, is for information integration and 

18 technology transformation: Provided further, That 

19 $20,000,000 made available in the preceding proviso shall 

20 not be obligated to purchase or install information tech21 nology equipment until the Department of Homeland Se22 curity Chief Information Officer submits a report to the 

23 Committees on Appropriations of the Senate and the 

24 House of Representatives certifying that all plans for inte25 gration and transformation are consistent with Departmstockstill on DSK4VPTVN1PROD with BILLS

428 

•HR 3671 IH

1 ment of Homeland Security data center migration and en2 terprise architecture requirements: Provided further, That 

3 none of the funds made available to the United States Se4 cret Service by this Act or by previous appropriations Acts 

5 may be obligated for the purpose of opening a new perma6 nent domestic or overseas office or location unless the 

7 Committees on Appropriations of the Senate and the 

8 House of Representatives are notified 15 days in advance 

9 of such obligation. 

10 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

11 RELATED EXPENSES

12 For necessary expenses for acquisition, construction, 

13 repair, alteration, and improvement of facilities, 

14 $5,380,000, to remain available until September 30, 2016. 

mstockstill on DSK4VPTVN1PROD with BILLS

429 

•HR 3671 IH

1 TITLE III 

2 PROTECTION, PREPAREDNESS, RESPONSE, AND 

3 RECOVERY 

4 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

5 MANAGEMENT AND ADMINISTRATION

6 For salaries and expenses of the Office of the Under 

7 Secretary for the National Protection and Programs Di8 rectorate, support for operations, information technology, 

9 and the Office of Risk Management and Analysis, 

10 $50,695,000: Provided, That not to exceed $4,250 shall 

11 be for official reception and representation expenses: Pro12 vided further, That, subject to section 503 of this Act, the 

13 Secretary of Homeland Security may transfer up to 

14 $4,241,000 to the Office of Policy under the heading De15 partmental Management and Operations ‘‘Office of the 

16 Secretary and Executive Management’’ for activities re17 lated to risk management and analysis: Provided further, 

18 That in the preceding proviso notification shall take place 

19 not later than 90 days after the date of enactment of this 

20 Act: Provided further, That any funds not transferred pur21 suant to the penultimate proviso shall be available solely 

22 to close out the Office of Risk Management and Analysis 

23 not later than September 30, 2012, and shall not be avail24 able for further transfer or reprogramming pursuant to 

25 section 503 of this Act. 

mstockstill on DSK4VPTVN1PROD with BILLS

430 

•HR 3671 IH

1 INFRASTRUCTURE PROTECTION AND INFORMATION

2 SECURITY

3 For necessary expenses for infrastructure protection 

4 and information security programs and activities, as au5 thorized by title II of the Homeland Security Act of 2002 

6 (6 U.S.C. 121 et seq.), $888,243,000, of which 

7 $200,000,000 shall remain available until September 30, 

8 2013: Provided, That the Under Secretary for the Na9 tional Protection and Programs Directorate shall submit 

10 a plan for expenditure for the National Cyber Security Di11 vision and the Office of Infrastructure Protection, to the 

12 Committees on Appropriations of the Senate and the 

13 House of Representatives, not later than 90 days after the 

14 date of enactment of this Act. 

15 FEDERAL PROTECTIVE SERVICE

16 The revenues and collections of security fees credited 

17 to this account shall be available until expended for nec18 essary expenses related to the protection of federally 

19 owned and leased buildings and for the operations of the 

20 Federal Protective Service: Provided, That the Secretary 

21 of Homeland Security and the Director of the Office of 

22 Management and Budget shall certify in writing to the 

23 Committees on Appropriations of the Senate and the 

24 House of Representatives not later than December 31, 

25 2011, that the operations of the Federal Protective Service 

mstockstill on DSK4VPTVN1PROD with BILLS

431 

•HR 3671 IH

1 will be fully funded in fiscal year 2012 through revenues 

2 and collection of security fees, and shall adjust the fees 

3 to ensure fee collections are sufficient to ensure that the 

4 Federal Protective Service maintains not fewer than 1,371 

5 full-time equivalent staff and 1,007 full-time equivalent 

6 Police Officers, Inspectors, Area Commanders, and Spe7 cial Agents who, while working, are directly engaged on 

8 a daily basis protecting and enforcing laws at Federal 

9 buildings (referred to as ‘‘in-service field staff’’): Provided 

10 further, That an expenditure plan for fiscal year 2012 

11 shall be provided to the Committees on Appropriations of 

12 the Senate and the House of Representatives not later 

13 than 60 days after the date of enactment of this Act: Pro14 vided further, That the Director of the Federal Protective 

15 Service shall include with the submission of the Presi16 dent’s fiscal year 2013 budget a strategic human capital 

17 plan that aligns fee collections to personnel requirements 

18 based on a current threat assessment. 

19 UNITED STATES VISITOR AND IMMIGRANT STATUS

20 INDICATOR TECHNOLOGY

21 For necessary expenses for the United States Visitor 

22 and Immigrant Status Indicator Technology program, as 

23 authorized by section 110 of the Illegal Immigration Re24 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

25 1365a), $306,802,000, of which $9,400,000 is for developmstockstill on DSK4VPTVN1PROD with BILLS

432 

•HR 3671 IH

1 ment of a comprehensive plan for implementation of bio2 metric air exit and improvements to biographic entry-exit 

3 capabilities: Provided, That of the total amount made 

4 available under this heading, $194,295,000 is to remain 

5 available until September 30, 2014: Provided further, That 

6 of the total amount provided, $50,000,000 may not be ob7 ligated for the United States Visitor and Immigrant Sta8 tus Indicator Technology program until the Secretary of 

9 Homeland Security submits to the Committees on Appro10 priations of the Senate and the House of Representatives 

11 at the time that the President’s budget is submitted each 

12 year under section 1105(a) of title 31, United States 

13 Code, a multi-year investment and management plan, to 

14 include each fiscal year starting with the current fiscal 

15 year, and the following 3 fiscal years, for the United 

16 States Visitor and Immigrant Status Indicator Technology 

17 program that includes— 

18 (1) the proposed appropriations for each activ19 ity tied to mission requirements and outcomes, pro20 gram management capabilities, performance levels, 

21 and specific capabilities and services to be delivered, 

22 noting any deviations in cost or performance from 

23 the prior fiscal year expenditure or investment and 

24 management plan; 

mstockstill on DSK4VPTVN1PROD with BILLS

433 

•HR 3671 IH

1 (2) the total estimated cost, projected funding 

2 by fiscal year, and projected timeline of completion 

3 for all enhancements, modernizations, and new capa4 bilities proposed in such budget and underway, in5 cluding and clearly delineating associated efforts and 

6 funds requested by other agencies within the De7 partment of Homeland Security and in the Federal 

8 Government, and detailing any deviations in cost, 

9 performance, schedule, or estimated date of comple10 tion provided in the prior fiscal year expenditure or 

11 investment and management plan; and 

12 (3) a detailed accounting of operations and 

13 maintenance, contractor services, and program costs 

14 associated with the management of identity services. 

15 OFFICE OF HEALTH AFFAIRS

16 For necessary expenses of the Office of Health Af17 fairs, $167,449,000; of which $29,671,000 is for salaries 

18 and expenses and $90,164,000 is for BioWatch oper19 ations: Provided, That $47,614,000 shall remain available 

20 until September 30, 2013, for biosurveillance, BioWatch 

21 Generation 3, chemical defense, medical and health plan22 ning and coordination, and workforce health protection: 

23 Provided further, That not to exceed $2,500 shall be for 

24 official reception and representation expenses: Provided 

25 further, That the Assistant Secretary for the Office of 

mstockstill on DSK4VPTVN1PROD with BILLS

434 

•HR 3671 IH

1 Health Affairs shall submit an expenditure plan for fiscal 

2 year 2012 to the Committees on Appropriations of the 

3 Senate and the House of Representatives not later than 

4 60 days after the date of enactment of this Act. 

5 FEDERAL EMERGENCY MANAGEMENT AGENCY

6 SALARIES AND EXPENSES

7 For necessary expenses of the Federal Emergency 

8 Management Agency, $895,350,000, including activities 

9 authorized by the National Flood Insurance Act of 1968 

10 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster 

11 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

12 seq.), the Cerro Grande Fire Assistance Act of 2000 (divi13 sion C, title I, 114 Stat. 583), the Earthquake Hazards 

14 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the De15 fense Production Act of 1950 (50 U.S.C. App. 2061 et 

16 seq.), sections 107 and 303 of the National Security Act 

17 of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 

18 3 of 1978 (5 U.S.C. App.), the Homeland Security Act 

19 of 2002 (6 U.S.C. 101 et seq.), and the Post-Katrina 

20 Emergency Management Reform Act of 2006 (Public Law 

21 109–295; 120 Stat. 1394): Provided, That not to exceed 

22 $2,500 shall be for official reception and representation 

23 expenses: Provided further, That the Administrator of the 

24 Federal Emergency Management Agency may reprogram 

25 funds made available under this heading between promstockstill on DSK4VPTVN1PROD with BILLS

435 

•HR 3671 IH

1 grams, projects, and activities prior to April 16, 2012, not2 withstanding section 503 of this Act: Provided further, 

3 That $1,400,000 of the funds available for the Office of 

4 the Administrator of the Federal Emergency Management 

5 Agency shall not be available for obligation until the Ad6 ministrator of the Federal Emergency Management Agen7 cy submits to the Committees on Appropriations of the 

8 Senate and the House of Representatives the National 

9 Preparedness Report required by Public Law 109–295 

10 and a comprehensive plan to implement a system to meas11 ure the effectiveness of grants to State and local commu12 nities in fiscal year 2012: Provided further, That for pur13 poses of planning, coordination, execution, and decision 

14 making related to mass evacuation during a disaster, the 

15 Governors of the State of West Virginia and the Common16 wealth of Pennsylvania, or their designees, shall be incor17 porated into efforts to integrate the activities of Federal, 

18 State, and local governments in the National Capital Re19 gion, as defined in section 882 of the Homeland Security 

20 Act of 2002 (Public Law 107–296): Provided further, That 

21 of the total amount made available under this heading, 

22 $41,250,000 shall be for the Urban Search and Rescue 

23 Response System, of which not to exceed $1,600,000 may 

24 be made available for administrative costs; $5,493,000 

25 shall be for the Office of National Capital Region Coordimstockstill on DSK4VPTVN1PROD with BILLS

436 

•HR 3671 IH

1 nation; not to exceed $12,000,000 shall remain available 

2 until September 30, 2013, for capital improvements at the 

3 Mount Weather Emergency Operations Center; and not 

4 less than $13,662,000 shall be for expenses related to 

5 modernization of automated systems: Provided further, 

6 That the Administrator of the Federal Emergency Man7 agement Agency, in consultation with the Department of 

8 Homeland Security Chief Information Officer, shall sub9 mit to the Committees on Appropriations of the Senate 

10 and the House of Representatives a strategic plan, not 

11 later than 180 days after the date of enactment of this 

12 Act, for the funds specified in the preceding proviso re13 lated to modernization of automated systems, that in14 cludes— 

15 (1) a comprehensive plan to automate and mod16 ernize information systems to resolve current ineffi17 ciencies, integrate data, and aid in better perform18 ance of executing the Agency-wide mission; 

19 (2) a description of the appropriations for each 

20 project and activity tied to mission requirements and 

21 outcomes, program management capabilities, per22 formance levels, and specific capabilities and services 

23 to be delivered; 

24 (3) the total estimated cost and projected 

25 timeline of completion for all multi-year enhancemstockstill on DSK4VPTVN1PROD with BILLS

437 

•HR 3671 IH

1 ments, modernizations, and new capabilities pro2 posed and underway covering a period of no less 

3 than 3 years; 

4 (4) a detailed accounting of operations and 

5 maintenance and contractor services costs; and 

6 (5) the current or planned acquisition programs 

7 including— 

8 (A) how the programs align to mission re9 quirements by defining existing capabilities, 

10 identifying known capability gaps between such 

11 existing capabilities and stated mission require12 ments, and explaining how each increment will 

13 address a known capability gap; 

14 (B) how programs provide quantifiable in15 formation that aids in understanding national 

16 emergency management capabilities; 

17 (C) how programs ensure information 

18 sharing among homeland security partners; and 

19 (D) life-cycle costs for all acquisitions. 

20 STATE AND LOCAL PROGRAMS

21 (INCLUDING TRANSFER OF FUNDS)

22 For grants, contracts, cooperative agreements, and 

23 other activities, $1,349,681,000, which shall be distrib24 uted, according to threat, vulnerability, and consequence, 

mstockstill on DSK4VPTVN1PROD with BILLS

438 

•HR 3671 IH

1 at the discretion of the Secretary of Homeland Security 

2 based on the following authorities: 

3 (1) The State Homeland Security Grant Pro4 gram under section 2004 of the Homeland Security 

5 Act of 2002 (6 U.S.C. 605): Provided, That notwith6 standing subsection (c)(4) of such section 2004, for 

7 fiscal year 2012, the Commonwealth of Puerto Rico 

8 shall make available to local and tribal governments 

9 amounts provided to the Commonwealth of Puerto 

10 Rico under this paragraph in accordance with sub11 section (c)(1) of such section 2004. 

12 (2) The Urban Area Security Initiative under 

13 section 2003 of the Homeland Security Act of 2002 

14 (6 U.S.C. 604). 

15 (3) The Metropolitan Medical Response System 

16 under section 635 of the Post-Katrina Emergency 

17 Management Reform Act of 2006 (6 U.S.C. 723). 

18 (4) The Citizen Corps Program. 

19 (5) Public Transportation Security Assistance 

20 and Railroad Security Assistance, under sections 

21 1406 and 1513 of the Implementing Recommenda22 tions of the 9/11 Commission Act of 2007 (6 U.S.C. 

23 1135 and 1163), including Amtrak security: Pro24 vided, That such public transportation security asmstockstill on DSK4VPTVN1PROD with BILLS

439 

•HR 3671 IH

1 sistance shall be provided directly to public transpor2 tation agencies. 

3 (6) Over-the-Road Bus Security Assistance 

4 under section 1532 of the Implementing Rec5 ommendations of the 9/11 Commission Act of 2007 

6 (6 U.S.C. 1182). 

7 (7) Port Security Grants in accordance with 46 

8 U.S.C. 70107. 

9 (8) The Driver’s License Security Grants Pro10 gram in accordance with section 204 of the REAL 

11 ID Act of 2005 (49 U.S.C. 30301 note). 

12 (9) The Interoperable Emergency Communica13 tions Grant Program under section 1809 of the 

14 Homeland Security Act of 2002 (6 U.S.C. 579). 

15 (10) Emergency Operations Centers under sec16 tion 614 of the Robert T. Stafford Disaster Relief 

17 and Emergency Assistance Act (42 U.S.C. 5196c). 

18 (11) Buffer Zone Protection Program Grants. 

19 (12) Organizations (as described under section 

20 501(c)(3) of the Internal Revenue Code of 1986 and 

21 exempt from tax section 501(a) of such code) deter22 mined by the Secretary to be at high risk of a ter23 rorist attack: 

24 Provided, That of the amount provided under this heading, 

25 $50,000,000 shall be for Operation Stonegarden and no 

mstockstill on DSK4VPTVN1PROD with BILLS

440 

•HR 3671 IH

1 less than $100,000,000 shall be for areas at the highest 

2 threat of a terrorist attack: Provided further, That 

3 $231,681,000 shall be for training, exercises, technical as4 sistance, and other programs, of which $155,500,000 shall 

5 be for training of State, local, and tribal emergency re6 sponse providers: Provided further, That for grants under 

7 paragraphs (1) through (12), applications for grants shall 

8 be made available to eligible applicants not later than 60 

9 days after the date of enactment of this Act, that eligible 

10 applicants shall submit applications not later than 80 days 

11 after the grant announcement, and the Administrator of 

12 the Federal Emergency Management Agency shall act 

13 within 65 days after the receipt of an application: Provided 

14 further, That notwithstanding section 2008(a)(11) of the 

15 Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)), 

16 or any other provision of law, a grantee may use not more 

17 than 5 percent of the amount of a grant made available 

18 under this heading for expenses directly related to admin19 istration of the grant: Provided further, That 6.8 percent 

20 of the amounts provided under this heading shall be trans21 ferred to the Federal Emergency Management Agency 

22 ‘‘Salaries and Expenses’’ account for program administra23 tion: Provided further, That for grants under paragraphs 

24 (1) and (2), the installation of communication towers is 

25 not considered construction of a building or other physical 

mstockstill on DSK4VPTVN1PROD with BILLS

441 

•HR 3671 IH

1 facility: Provided further, That grantees shall provide re2 ports on their use of funds, as determined necessary by 

3 the Secretary of Homeland Security: Provided further, 

4 That in fiscal year 2012: (a) the Center for Domestic Pre5 paredness may provide training to emergency response 

6 providers from the Federal Government, foreign govern7 ments, or private entities, if the Center for Domestic Pre8 paredness is reimbursed for the cost of such training, and 

9 any reimbursement under this subsection shall be credited 

10 to the account from which the expenditure being reim11 bursed was made and shall be available, without fiscal year 

12 limitation, for the purposes for which amounts in the ac13 count may be expended; (b) the head of the Center for 

14 Domestic Preparedness shall ensure that any training pro15 vided under (a) does not interfere with the primary mis16 sion of the Center to train state and local emergency re17 sponse providers; and (c) subject to (b), nothing in (a) 

18 prohibits the Center for Domestic Preparedness from pro19 viding training to employees of the Federal Emergency 

20 Management Agency in existing chemical, biological, radi21 ological, nuclear, explosives, mass casualty, and medical 

22 surge courses pursuant to 5 U.S.C. 4103 without reim23 bursement for the cost of such training. 

mstockstill on DSK4VPTVN1PROD with BILLS

442 

•HR 3671 IH

1 FIREFIGHTER ASSISTANCE GRANTS

2 For necessary expenses for programs authorized by 

3 the Federal Fire Prevention and Control Act of 1974 (15 

4 U.S.C. 2201 et seq.), $675,000,000, to remain available 

5 until September 30, 2013, of which $337,500,000 shall 

6 be available to carry out section 33 of that Act (15 U.S.C. 

7 2229) and $337,500,000 shall be available to carry out 

8 section 34 of that Act (15 U.S.C. 2229a): Provided, That 

9 not to exceed 5 percent of the amount available under this 

10 heading shall be available for program administration. 

11 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

12 For necessary expenses for emergency management 

13 performance grants, as authorized by the National Flood 

14 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob15 ert T. Stafford Disaster Relief and Emergency Assistance 

16 Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 

17 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Re18 organization Plan No. 3 of 1978 (5 U.S.C. App.), 

19 $350,000,000: Provided, That total administrative costs 

20 shall not exceed 3 percent of the total amount appro21 priated under this heading. 

22 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

23 The aggregate charges assessed during fiscal year 

24 2012, as authorized in title III of the Departments of Vet25 erans Affairs and Housing and Urban Development, and 

mstockstill on DSK4VPTVN1PROD with BILLS

443 

•HR 3671 IH

1 Independent Agencies Appropriations Act, 1999 (42 

2 U.S.C. 5196e), shall not be less than 100 percent of the 

3 amounts anticipated by the Department of Homeland Se4 curity necessary for its radiological emergency prepared5 ness program for the next fiscal year: Provided, That the 

6 methodology for assessment and collection of fees shall be 

7 fair and equitable and shall reflect costs of providing such 

8 services, including administrative costs of collecting such 

9 fees: Provided further, That fees received under this head10 ing shall be deposited in this account as offsetting collec11 tions and will become available for authorized purposes on 

12 October 1, 2012, and remain available until expended. 

13 UNITED STATES FIRE ADMINISTRATION

14 For necessary expenses of the United States Fire Ad15 ministration and for other purposes, as authorized by the 

16 Federal Fire Prevention and Control Act of 1974 (15 

17 U.S.C. 2201 et seq.) and the Homeland Security Act of 

18 2002 (6 U.S.C. 101 et seq.), $44,038,000. 

19 DISASTER RELIEF FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses in carrying out the Robert 

22 T. Stafford Disaster Relief and Emergency Assistance Act 

23 (42 U.S.C. 5121 et seq.), $700,000,000, to remain avail24 able until expended, of which $24,000,000 shall be trans25 ferred to the Department of Homeland Security Office of 

mstockstill on DSK4VPTVN1PROD with BILLS

444 

•HR 3671 IH

1 Inspector General for audits and investigations related to 

2 disasters: Provided, That the Administrator of the Federal 

3 Emergency Management Agency shall submit an expendi4 ture plan to the Committees on Appropriations of the Sen5 ate and the House of Representatives detailing the use of 

6 the funds made available in this or any other Act for dis7 aster readiness and support not later than 60 days after 

8 the date of enactment of this Act: Provided further, That 

9 the Administrator of the Federal Emergency Management 

10 Agency shall submit to such Committees a quarterly re11 port detailing obligations against the expenditure plan and 

12 a justification for any changes from the initial plan: Pro13 vided further, That the matter under this heading in title 

14 III of division E of Public Law 110–161 is amended by 

15 striking the fourth proviso: Provided further, That the Ad16 ministrator of the Federal Emergency Management Agen17 cy shall submit to the Committees on Appropriations of 

18 the Senate and the House of Representatives the following 

19 reports, including a specific description of the methodology 

20 and the source data used in developing such reports: 

21 (1) an estimate of the following amounts shall 

22 be submitted for the budget year at the time that 

23 the President’s budget is submitted each year under 

24 section 1105(a) of title 31, United States Code: 

mstockstill on DSK4VPTVN1PROD with BILLS

445 

•HR 3671 IH

1 (A) the unobligated balance of funds to be 

2 carried over from the prior fiscal year to the 

3 budget year; 

4 (B) the unobligated balance of funds to be 

5 carried over from the budget year to the budget 

6 year plus 1; 

7 (C) the amount of obligations for non-cata8 strophic events for the budget year; 

9 (D) the amount of obligations for the 

10 budget year for catastrophic events delineated 

11 by event and by State; 

12 (E) the total amount that has been pre13 viously obligated or will be required for cata14 strophic events delineated by event and by State 

15 for all prior years, the current year, the budget 

16 year, the budget year plus 1, the budget year 

17 plus 2, and the budget year plus 3 and beyond; 

18 (F) the amount of previously obligated 

19 funds that will be recovered for the budget 

20 year; 

21 (G) the amount that will be required for 

22 obligations for emergencies, as described in sec23 tion 102(1) of the Robert T. Stafford Disaster 

24 Relief and Emergency Assistance Act (42 

25 U.S.C. 5122(1)), major disasters, as described 

mstockstill on DSK4VPTVN1PROD with BILLS

446 

•HR 3671 IH

1 in section 102(2) of the Robert T. Stafford Dis2 aster Relief and Emergency Assistance Act (42 

3 U.S.C. 5122(2)), fire management assistance 

4 grants, as described in section 420 of the Rob5 ert T. Stafford Disaster Relief and Emergency 

6 Assistance Act (42 U.S.C. 5187), surge activi7 ties, and disaster readiness and support activi8 ties; 

9 (H) the amount required for activities not 

10 covered under section 251(b)(2)(D)(iii) of the 

11 Balanced Budget and Emergency Deficit Con12 trol Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii); 

13 Public Law 99–177); 

14 (2) an estimate or actual amounts, if available, 

15 of the following for the current fiscal year shall be 

16 submitted not later than the fifth day of each month 

17 beginning with the first full month after the date of 

18 enactment of this Act: 

19 (A) a summary of the amount of appro20 priations made available by source, the trans21 fers executed, the previously allocated funds re22 covered, and the commitments, allocations, and 

23 obligations made; 

24 (B) a table of disaster relief activity delin25 eated by month, including— 

mstockstill on DSK4VPTVN1PROD with BILLS

447 

•HR 3671 IH

1 (i) the beginning and ending balances; 

2 (ii) the total obligations to include 

3 amounts obligated for fire assistance, 

4 emergencies, surge, and disaster support 

5 activities; 

6 (iii) the obligations for catastrophic 

7 events delineated by event and by State; 

8 and 

9 (iv) the amount of previously obli10 gated funds that are recovered; 

11 (C) a summary of allocations, obligations, 

12 and expenditures for catastrophic events delin13 eated by event; and 

14 (D) the date on which funds appropriated 

15 will be exhausted. 

16 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

17 For activities under section 319 of the Robert T. 

18 Stafford Disaster Relief and Emergency Assistance Act 

19 (42 U.S.C. 5162), $295,000 is for the cost of direct loans: 

20 Provided, That gross obligations for the principal amount 

21 of direct loans shall not exceed $25,000,000: Provided fur22 ther, That the cost of modifying such loans shall be as 

23 defined in section 502 of the Congressional Budget Act 

24 of 1974 (2 U.S.C. 661a). 

mstockstill on DSK4VPTVN1PROD with BILLS

448 

•HR 3671 IH

1 FLOOD HAZARD MAPPING AND RISK ANALYSIS PROGRAM

2 For necessary expenses, including administrative 

3 costs, under section 1360 of the National Flood Insurance 

4 Act of 1968 (42 U.S.C. 4101), $97,712,000, and such ad5 ditional sums as may be provided by State and local gov6 ernments or other political subdivisions for cost-shared 

7 mapping activities under section 1360(f)(2) of such Act 

8 (42 U.S.C. 4101(f)(2)), to remain available until ex9 pended. 

10 NATIONAL FLOOD INSURANCE FUND

11 For activities under the National Flood Insurance 

12 Act of 1968 (42 U.S.C. 4001 et seq.) and the Flood Dis13 aster Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

14 $171,000,000, which shall be derived from offsetting col15 lections assessed and collected under section 1308(d) of 

16 the National Flood Insurance Act of 1968 (42 U.S.C. 

17 4015(d)); of which not to exceed $22,000,000 shall be 

18 available for salaries and expenses associated with flood 

19 mitigation and flood insurance operations; and not less 

20 than $149,000,000 shall be available for flood plain man21 agement and flood mapping, which shall remain available 

22 until September 30, 2013: Provided, That any additional 

23 fees collected pursuant to section 1308(d) of the National 

24 Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall 

25 be credited as an offsetting collection to this account, to 

mstockstill on DSK4VPTVN1PROD with BILLS

449 

•HR 3671 IH

1 be available for flood plain management and flood map2 ping: Provided further, That in fiscal year 2012, no funds 

3 shall be available from the National Flood Insurance Fund 

4 under section 1310 of that Act (42 U.S.C. 4017) in excess 

5 of: 

6 (1) $132,000,000 for operating expenses; 

7 (2) $1,007,571,000 for commissions and taxes 

8 of agents; 

9 (3) such sums as are necessary for interest on 

10 Treasury borrowings; and 

11 (4) $60,000,000, which shall remain available 

12 until expended for flood mitigation actions; of which 

13 not less than $10,000,000 is for severe repetitive 

14 loss properties under section 1361A of the National 

15 Flood Insurance Act of 1968 (42 U.S.C. 4102a); of 

16 which $10,000,000 shall be for repetitive insurance 

17 claims properties under section 1323 of the National 

18 Flood Insurance Act of 1968 (42 U.S.C. 4030); and 

19 of which $40,000,000 shall be for flood mitigation 

20 assistance under section 1366 of the National Flood 

21 Insurance Act of 1968 (42 U.S.C. 4104c), notwith22 standing subparagraphs (B) and (C) of subsection 

23 (b)(3) and subsection (f) of section 1366 of the Na24 tional Flood Insurance Act of 1968 (42 U.S.C. 

25 4104c) and notwithstanding subsection (a)(7) of secmstockstill on DSK4VPTVN1PROD with BILLS

450 

•HR 3671 IH

1 tion 1310 of the National Flood Insurance Act of 

2 1968 (42 U.S.C. 4017): 

3 Provided further, That the amounts collected under section 

4 102 of the Flood Disaster Protection Act of 1973 (42 

5 U.S.C. 4012a) and section 1366(i) of the National Flood 

6 Insurance Act of 1968 shall be deposited in the National 

7 Flood Insurance Fund to supplement other amounts speci8 fied as available for section 1366 of the National Flood 

9 Insurance Act of 1968, notwithstanding subsection (f)(8) 

10 of such section 102 (42 U.S.C. 4012a(f)(8)) and sub11 section 1366(i) and paragraphs (2) and (3) of section 

12 1367(b) of the National Flood Insurance Act of 1968 (42 

13 U.S.C. 4104c(i), 4104d(b)(2)–(3)): Provided further, That 

14 total administrative costs shall not exceed 4 percent of the 

15 total appropriation. 

16 NATIONAL PREDISASTER MITIGATION FUND

17 For the predisaster mitigation grant program under 

18 section 203 of the Robert T. Stafford Disaster Relief and 

19 Emergency Assistance Act (42 U.S.C. 5133), 

20 $35,500,000, to remain available until expended: Pro21 vided, That the total administrative costs associated with 

22 such grants shall not exceed $3,000,000 of the total 

23 amount made available under this heading. 

mstockstill on DSK4VPTVN1PROD with BILLS

451 

•HR 3671 IH

1 EMERGENCY FOOD AND SHELTER

2 To carry out the emergency food and shelter program 

3 pursuant to title III of the McKinney-Vento Homeless As4 sistance Act (42 U.S.C. 11331 et seq.), $120,000,000, to 

5 remain available until expended: Provided, That total ad6 ministrative costs shall not exceed 3.5 percent of the total 

7 amount made available under this heading. 

mstockstill on DSK4VPTVN1PROD with BILLS

452 

•HR 3671 IH

1 TITLE IV 

2 RESEARCH AND DEVELOPMENT, TRAINING, 

3 AND SERVICES 

4 UNITED STATES CITIZENSHIP AND IMMIGRATION

5 SERVICES

6 For necessary expenses for citizenship and immigra7 tion services, $102,424,000 for the E-Verify Program, as 

8 described in section 403(a) of the Illegal Immigration Re9 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

10 1324a note), to assist United States employers with main11 taining a legal workforce: Provided, That notwithstanding 

12 any other provision of law, funds otherwise made available 

13 to United States Citizenship and Immigration Services 

14 may be used to acquire, operate, equip, and dispose of up 

15 to 5 vehicles, for replacement only, for areas where the 

16 Administrator of General Services does not provide vehi17 cles for lease: Provided further, That the Director of 

18 United States Citizenship and Immigration Services may 

19 authorize employees who are assigned to those areas to 

20 use such vehicles to travel between the employees’ resi21 dences and places of employment. 

22 FEDERAL LAW ENFORCEMENT TRAINING CENTER

23 SALARIES AND EXPENSES

24 For necessary expenses of the Federal Law Enforce25 ment Training Center, including materials and support 

mstockstill on DSK4VPTVN1PROD with BILLS

453 

•HR 3671 IH

1 costs of Federal law enforcement basic training; the pur2 chase of not to exceed 117 vehicles for police-type use and 

3 hire of passenger motor vehicles; expenses for student ath4 letic and related activities; the conduct of and participa5 tion in firearms matches and presentation of awards; pub6 lic awareness and enhancement of community support of 

7 law enforcement training; room and board for student in8 terns; a flat monthly reimbursement to employees author9 ized to use personal mobile phones for official duties; and 

10 services as authorized by section 3109 of title 5, United 

11 States Code; $238,957,000; of which up to $48,978,000 

12 shall remain available until September 30, 2013, for mate13 rials and support costs of Federal law enforcement basic 

14 training; of which $300,000 shall remain available until 

15 expended to be distributed to Federal law enforcement 

16 agencies for expenses incurred participating in training ac17 creditation; and of which not to exceed $10,200 shall be 

18 for official reception and representation expenses: Pro19 vided, That the Center is authorized to obligate funds in 

20 anticipation of reimbursements from agencies receiving 

21 training sponsored by the Center, except that total obliga22 tions at the end of the fiscal year shall not exceed total 

23 budgetary resources available at the end of the fiscal year: 

24 Provided further, That section 1202(a) of Public Law 

25 107–206 (42 U.S.C. 3771 note), as amended by Public 

mstockstill on DSK4VPTVN1PROD with BILLS

454 

•HR 3671 IH

1 Law 111–83 (123 Stat. 2166), is further amended by 

2 striking ‘‘December 31, 2012’’ and inserting ‘‘December 

3 31, 2014’’: Provided further, That the Director of the Fed4 eral Law Enforcement Training Center shall schedule 

5 basic or advanced law enforcement training, or both, at 

6 all four training facilities under the control of the Federal 

7 Law Enforcement Training Center to ensure that such 

8 training facilities are operated at the highest capacity 

9 throughout the fiscal year: Provided further, That the Fed10 eral Law Enforcement Training Accreditation Board, in11 cluding representatives from the Federal law enforcement 

12 community and non-Federal accreditation experts involved 

13 in law enforcement training, shall lead the Federal law 

14 enforcement training accreditation process to continue the 

15 implementation of measuring and assessing the quality 

16 and effectiveness of Federal law enforcement training pro17 grams, facilities, and instructors. 

18 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

19 RELATED EXPENSES

20 For acquisition of necessary additional real property 

21 and facilities, construction, and ongoing maintenance, fa22 cility improvements, and related expenses of the Federal 

23 Law Enforcement Training Center, $32,456,000, to re24 main available until September 30, 2016: Provided, That 

25 the Center is authorized to accept reimbursement to this 

mstockstill on DSK4VPTVN1PROD with BILLS

455 

•HR 3671 IH

1 appropriation from government agencies requesting the 

2 construction of special use facilities. 

3 SCIENCE AND TECHNOLOGY

4 MANAGEMENT AND ADMINISTRATION

5 For salaries and expenses of the Office of the Under 

6 Secretary for Science and Technology and for manage7 ment and administration of programs and activities, as 

8 authorized by title III of the Homeland Security Act of 

9 2002 (6 U.S.C. 181 et seq.), $135,000,000: Provided, 

10 That not to exceed $8,500 shall be for official reception 

11 and representation expenses. 

12 RESEARCH, DEVELOPMENT, ACQUISITION, AND

13 OPERATIONS

14 For necessary expenses for science and technology re15 search, including advanced research projects, development, 

16 test and evaluation, acquisition, and operations as author17 ized by title III of the Homeland Security Act of 2002 

18 (6 U.S.C. 181 et seq.), and the purchase or lease of not 

19 to exceed 5 vehicles, $533,000,000, of which 

20 $356,500,000, to remain available until September 30, 

21 2014; and of which $176,500,000, to remain available 

22 until September 30, 2016, solely for operation and con23 struction of laboratory facilities. 

mstockstill on DSK4VPTVN1PROD with BILLS

456 

•HR 3671 IH

1 DOMESTIC NUCLEAR DETECTION OFFICE

2 MANAGEMENT AND ADMINISTRATION

3 For salaries and expenses of the Domestic Nuclear 

4 Detection Office, as authorized by title XIX of the Home5 land Security Act of 2002 (6 U.S.C. 591 et seq.), for man6 agement and administration of programs and activities, 

7 $38,000,000: Provided, That not to exceed $2,500 shall 

8 be for official reception and representation expenses: Pro9 vided further, That not later than 180 days after the date 

10 of enactment of this Act, the Secretary of Homeland Secu11 rity shall submit to the Committees on Appropriations of 

12 the Senate and the House of Representatives a strategic 

13 plan of investments necessary to implement the Depart14 ment of Homeland Security’s responsibilities under the do15 mestic component of the global nuclear detection architec16 ture that shall: 

17 (1) define each Departmental entity’s roles and 

18 responsibilities in support of the domestic detection 

19 architecture, including any existing or planned pro20 grams to pre-screen cargo or conveyances overseas; 

21 (2) identify and describe the specific invest22 ments being made by Departmental organizations in 

23 fiscal year 2012, and planned for fiscal year 2013, 

24 to support the domestic architecture and the secumstockstill on DSK4VPTVN1PROD with BILLS

457 

•HR 3671 IH

1 rity of sea, land, and air pathways into the United 

2 States; 

3 (3) describe the investments necessary to close 

4 known vulnerabilities and gaps, including associated 

5 costs and timeframes, and estimates of feasibility 

6 and cost effectiveness; and 

7 (4) explain how the Department’s research and 

8 development funding is furthering the implementa9 tion of the domestic nuclear detection architecture, 

10 including specific investments planned for each of 

11 fiscal years 2012 and 2013. 

12 RESEARCH, DEVELOPMENT, AND OPERATIONS

13 For necessary expenses for radiological and nuclear 

14 research, development, testing, evaluation, and operations, 

15 $215,000,000, to remain available until September 30, 

16 2014. 

17 SYSTEMS ACQUISITION

18 For expenses for the Domestic Nuclear Detection Of19 fice acquisition and deployment of radiological detection 

20 systems in accordance with the global nuclear detection 

21 architecture, $37,000,000, to remain available until Sep22 tember 30, 2014. 

mstockstill on DSK4VPTVN1PROD with BILLS

458 

•HR 3671 IH

1 TITLE V 

2 GENERAL PROVISIONS 

3 SEC. 501. No part of any appropriation contained in 

4 this Act shall remain available for obligation beyond the 

5 current fiscal year unless expressly so provided herein. 

6 SEC. 502. Subject to the requirements of section 503 

7 of this Act, the unexpended balances of prior appropria8 tions provided for activities in this Act may be transferred 

9 to appropriation accounts for such activities established 

10 pursuant to this Act, may be merged with funds in the 

11 applicable established accounts, and thereafter may be ac12 counted for as one fund for the same time period as origi13 nally enacted. 

14 SEC. 503. (a) None of the funds provided by this Act, 

15 provided by previous appropriations Acts to the agencies 

16 in or transferred to the Department of Homeland Security 

17 that remain available for obligation or expenditure in fiscal 

18 year 2012, or provided from any accounts in the Treasury 

19 of the United States derived by the collection of fees avail20 able to the agencies funded by this Act, shall be available 

21 for obligation or expenditure through a reprogramming of 

22 funds that: 

23 (1) creates a new program, project, or activity; 

24 (2) eliminates a program, project, office, or ac25 tivity; 

mstockstill on DSK4VPTVN1PROD with BILLS

459 

•HR 3671 IH

1 (3) increases funds for any program, project, or 

2 activity for which funds have been denied or re3 stricted by the Congress; 

4 (4) proposes to use funds directed for a specific 

5 activity by either of the Committees on Appropria6 tions of the Senate or the House of Representatives 

7 for a different purpose; or 

8 (5) contracts out any function or activity for 

9 which funding levels were requested for Federal full10 time equivalents in the object classification tables 

11 contained in the fiscal year 2012 Budget Appendix 

12 for the Department of Homeland Security, as modi13 fied by the explanatory statement described in sec14 tion 4 (in the matter preceding division A of this 

15 consolidated Act), unless the Committees on Appro16 priations of the Senate and the House of Represent17 atives are notified 15 days in advance of such re18 programming of funds. 

19 (b) None of the funds provided by this Act, provided 

20 by previous appropriations Acts to the agencies in or 

21 transferred to the Department of Homeland Security that 

22 remain available for obligation or expenditure in fiscal 

23 year 2012, or provided from any accounts in the Treasury 

24 of the United States derived by the collection of fees or 

25 proceeds available to the agencies funded by this Act, shall 

mstockstill on DSK4VPTVN1PROD with BILLS

460 

•HR 3671 IH

1 be available for obligation or expenditure for programs, 

2 projects, or activities through a reprogramming of funds 

3 in excess of $5,000,000 or 10 percent, whichever is less, 

4 that: 

5 (1) augments existing programs, projects, or ac6 tivities; 

7 (2) reduces by 10 percent funding for any exist8 ing program, project, or activity, or reduces the 

9 numbers of personnel by 10 percent as approved by 

10 the Congress; or 

11 (3) results from any general savings from a re12 duction in personnel that would result in a change 

13 in existing programs, projects, or activities as ap14 proved by the Congress, unless the Committees on 

15 Appropriations of the Senate and the House of Rep16 resentatives are notified 15 days in advance of such 

17 reprogramming of funds. 

18 (c) Not to exceed 5 percent of any appropriation 

19 made available for the current fiscal year for the Depart20 ment of Homeland Security by this Act or provided by 

21 previous appropriations Acts may be transferred between 

22 such appropriations, but no such appropriation, except as 

23 otherwise specifically provided, shall be increased by more 

24 than 10 percent by such transfers: Provided, That any 

25 transfer under this section shall be treated as a remstockstill on DSK4VPTVN1PROD with BILLS

461 

•HR 3671 IH

1 programming of funds under subsection (b) and shall not 

2 be available for obligation unless the Committees on Ap3 propriations of the Senate and the House of Representa4 tives are notified 15 days in advance of such transfer. 

5 (d) Notwithstanding subsections (a), (b), and (c) of 

6 this section, no funds shall be reprogrammed within or 

7 transferred between appropriations after June 30, except 

8 in extraordinary circumstances that imminently threaten 

9 the safety of human life or the protection of property. 

10 (e) The notification thresholds and procedures set 

11 forth in this section shall apply to any use of deobligated 

12 balances of funds provided in previous Department of 

13 Homeland Security Appropriations Acts. 

14 SEC. 504. The Department of Homeland Security 

15 Working Capital Fund, established pursuant to section 

16 403 of Public Law 103–356 (31 U.S.C. 501 note), shall 

17 continue operations as a permanent working capital fund 

18 for fiscal year 2012: Provided, That none of the funds ap19 propriated or otherwise made available to the Department 

20 of Homeland Security may be used to make payments to 

21 the Working Capital Fund, except for the activities and 

22 amounts allowed in the President’s fiscal year 2012 budg23 et: Provided further, That funds provided to the Working 

24 Capital Fund shall be available for obligation until ex25 pended to carry out the purposes of the Working Capital 

mstockstill on DSK4VPTVN1PROD with BILLS

462 

•HR 3671 IH

1 Fund: Provided further, That all departmental components 

2 shall be charged only for direct usage of each Working 

3 Capital Fund service: Provided further, That funds pro4 vided to the Working Capital Fund shall be used only for 

5 purposes consistent with the contributing component: Pro6 vided further, That the Working Capital Fund shall be 

7 paid in advance or reimbursed at rates which will return 

8 the full cost of each service: Provided further, That the 

9 Working Capital Fund shall be subject to the require10 ments of section 503 of this Act. 

11 SEC. 505. Except as otherwise specifically provided 

12 by law, not to exceed 50 percent of unobligated balances 

13 remaining available at the end of fiscal year 2012 from 

14 appropriations for salaries and expenses for fiscal year 

15 2012 in this Act shall remain available through September 

16 30, 2013, in the account and for the purposes for which 

17 the appropriations were provided: Provided, That prior to 

18 the obligation of such funds, a request shall be submitted 

19 to the Committees on Appropriations of the Senate and 

20 the House of Representatives for approval in accordance 

21 with section 503 of this Act. 

22 SEC. 506. Funds made available by this Act for intel23 ligence activities are deemed to be specifically authorized 

24 by the Congress for purposes of section 504 of the Na25 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

mstockstill on DSK4VPTVN1PROD with BILLS

463 

•HR 3671 IH

1 year 2012 until the enactment of an Act authorizing intel2 ligence activities for fiscal year 2012. 

3 SEC. 507. (a) Except as provided in subsections (b) 

4 and (c), none of the funds made available by this Act may 

5 be used to— 

6 (1) make or award a grant allocation, grant, 

7 contract, other transaction agreement, task or deliv8 ery order on a Department of Homeland Security 

9 multiple award contract, or to issue a letter of intent 

10 totaling in excess of $1,000,000; 

11 (2) award a task or delivery order requiring an 

12 obligation of funds in an amount greater than 

13 $10,000,000 from multi-year Department of Home14 land Security funds or a task or delivery order that 

15 would cause cumulative obligations of multi-year 

16 funds in a single account to exceed 50 percent of the 

17 total amount appropriated; or 

18 (3) announce publicly the intention to make or 

19 award items under paragraph (1) or (2), including 

20 a contract covered by the Federal Acquisition Regu21 lation. 

22 (b) The Secretary of Homeland Security may waive 

23 the prohibition under subsection (a) if the Secretary noti24 fies the Committees on Appropriations of the Senate and 

25 the House of Representatives at least 3 full business days 

mstockstill on DSK4VPTVN1PROD with BILLS

464 

•HR 3671 IH

1 in advance of making an award or issuing a letter as de2 scribed in that subsection. 

3 (c) If the Secretary of Homeland Security determines 

4 that compliance with this section would pose a substantial 

5 risk to human life, health, or safety, an award may be 

6 made without notification, and the Secretary shall notify 

7 the Committees on Appropriations of the Senate and the 

8 House of Representatives not later than 5 full business 

9 days after such an award is made or letter issued. 

10 (d) A notification under this section— 

11 (1) may not involve funds that are not available 

12 for obligation; and 

13 (2) shall include the amount of the award, the 

14 fiscal year for which the funds for the award were 

15 appropriated, and the account from which the funds 

16 are being drawn. 

17 (e) The Administrator of the Federal Emergency 

18 Management Agency shall brief the Committees on Appro19 priations of the Senate and the House of Representatives 

20 5 full business days in advance of announcing publicly the 

21 intention of making an award under ‘‘State and Local 

22 Programs’’. 

23 SEC. 508. Notwithstanding any other provision of 

24 law, no agency shall purchase, construct, or lease any ad25 ditional facilities, except within or contiguous to existing 

mstockstill on DSK4VPTVN1PROD with BILLS

465 

•HR 3671 IH

1 locations, to be used for the purpose of conducting Federal 

2 law enforcement training without the advance approval of 

3 the Committees on Appropriations of the Senate and the 

4 House of Representatives, except that the Federal Law 

5 Enforcement Training Center is authorized to obtain the 

6 temporary use of additional facilities by lease, contract, 

7 or other agreement for training that cannot be accommo8 dated in existing Center facilities. 

9 SEC. 509. None of the funds appropriated or other10 wise made available by this Act may be used for expenses 

11 for any construction, repair, alteration, or acquisition 

12 project for which a prospectus otherwise required under 

13 chapter 33 of title 40, United States Code, has not been 

14 approved, except that necessary funds may be expended 

15 for each project for required expenses for the development 

16 of a proposed prospectus. 

17 SEC. 510. Sections 520, 522, and 530, of the Depart18 ment of Homeland Security Appropriations Act, 2008 (di19 vision E of Public Law 110–161; 121 Stat. 2073 and 

20 2074) shall apply with respect to funds made available in 

21 this Act in the same manner as such sections applied to 

22 funds made available in that Act. 

23 SEC. 511. None of the funds made available in this 

24 Act may be used in contravention of the applicable provi25 sions of the Buy American Act (41 U.S.C. 10a et seq.). 

mstockstill on DSK4VPTVN1PROD with BILLS

466 

•HR 3671 IH

1 SEC. 512. None of the funds made available in this 

2 Act may be used by any person other than the Privacy 

3 Officer appointed under subsection (a) of section 222 of 

4 the Homeland Security Act of 2002 (6 U.S.C. 142(a)) to 

5 alter, direct that changes be made to, delay, or prohibit 

6 the transmission to Congress of any report prepared under 

7 paragraph (6) of such subsection. 

8 SEC. 513. None of the funds made available in this 

9 Act may be used to amend the oath of allegiance required 

10 by section 337 of the Immigration and Nationality Act 

11 (8 U.S.C. 1448). 

12 SEC. 514. Within 45 days after the end of each 

13 month, the Chief Financial Officer of the Department of 

14 Homeland Security shall submit to the Committees on Ap15 propriations of the Senate and the House of Representa16 tives a monthly budget and staffing report for that month 

17 that includes total obligations, on-board versus funded 

18 full-time equivalent staffing levels, and the number of con19 tract employees for each office of the Department. 

20 SEC. 515. None of the funds appropriated by this Act 

21 may be used to process or approve a competition under 

22 Office of Management and Budget Circular A–76 for serv23 ices provided as of June 1, 2004, by employees (including 

24 employees serving on a temporary or term basis) of United 

25 States Citizenship and Immigration Services of the Demstockstill on DSK4VPTVN1PROD with BILLS

467 

•HR 3671 IH

1 partment of Homeland Security who are known as of that 

2 date as Immigration Information Officers, Contact Rep3 resentatives, or Investigative Assistants. 

4 SEC. 516. Except as provided in section 44945 of title 

5 49, United States Code, funds appropriated or transferred 

6 to Transportation Security Administration ‘‘Aviation Se7 curity’’, ‘‘Administration’’, and ‘‘Transportation Security 

8 Support’’ for fiscal years 2004 and 2005 that are recov9 ered or deobligated shall be available only for the procure10 ment or installation of explosives detection systems, air 

11 cargo, baggage, and checkpoint screening systems, subject 

12 to notification: Provided, That quarterly reports shall be 

13 submitted to the Committees on Appropriations of the 

14 Senate and the House of Representatives on any funds 

15 that are recovered or deobligated. 

16 SEC. 517. Any funds appropriated to Coast Guard 

17 ‘‘Acquisition, Construction, and Improvements’’ for fiscal 

18 years 2002, 2003, 2004, 2005, and 2006 for the 110– 

19 123 foot patrol boat conversion that are recovered, col20 lected, or otherwise received as the result of negotiation, 

21 mediation, or litigation, shall be available until expended 

22 for the Fast Response Cutter program. 

23 SEC. 518. Section 532(a) of Public Law 109–295 

24 (120 Stat. 1384) is amended by striking ‘‘2011’’ and in25 serting ‘‘2012’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

468 

•HR 3671 IH

1 SEC. 519. The functions of the Federal Law Enforce2 ment Training Center instructor staff shall be classified 

3 as inherently governmental for the purpose of the Federal 

4 Activities Inventory Reform Act of 1998 (31 U.S.C. 501 

5 note). 

6 SEC. 520. (a) Except as provided in subsection (b), 

7 none of the funds appropriated in this or any other Act 

8 to the ‘‘Office of the Secretary and Executive Manage9 ment’’, the ‘‘Office of the Under Secretary for Manage10 ment’’, or the ‘‘Office of the Chief Financial Officer’’, may 

11 be obligated for a grant or contract funded under such 

12 headings by any means other than full and open competi13 tion. 

14 (b) Subsection (a) does not apply to obligation of 

15 funds for a contract awarded— 

16 (1) by a means that is required by a Federal 

17 statute, including obligation for a purchase made 

18 under a mandated preferential program, including 

19 the AbilityOne Program, that is authorized under 

20 the Javits-Wagner-O’Day Act (41 U.S.C. 46 et 

21 seq.); 

22 (2) pursuant to the Small Business Act (15 

23 U.S.C. 631 et seq.); 

24 (3) in an amount less than the simplified acqui25 sition threshold described under section 302A(a) of 

mstockstill on DSK4VPTVN1PROD with BILLS

469 

•HR 3671 IH

1 the Federal Property and Administrative Services 

2 Act of 1949 (41 U.S.C. 252a(a)); or 

3 (4) by another Federal agency using funds pro4 vided through an interagency agreement. 

5 (c)(1) Subject to paragraph (2), the Secretary of 

6 Homeland Security may waive the application of this sec7 tion for the award of a contract in the interest of national 

8 security or if failure to do so would pose a substantial risk 

9 to human health or welfare. 

10 (2) Not later than 5 days after the date on which 

11 the Secretary of Homeland Security issues a waiver under 

12 this subsection, the Secretary shall submit notification of 

13 that waiver to the Committees on Appropriations of the 

14 Senate and the House of Representatives, including a de15 scription of the applicable contract to which the waiver 

16 applies and an explanation of why the waiver authority 

17 was used: Provided, That the Secretary may not delegate 

18 the authority to grant such a waiver. 

19 (d) In addition to the requirements established by 

20 subsections (a), (b), and (c) of this section, the Inspector 

21 General of the Department of Homeland Security shall re22 view departmental contracts awarded through means other 

23 than a full and open competition to assess departmental 

24 compliance with applicable laws and regulations: Provided, 

25 That the Inspector General shall review selected contracts 

mstockstill on DSK4VPTVN1PROD with BILLS

470 

•HR 3671 IH

1 awarded in the previous fiscal year through means other 

2 than a full and open competition: Provided further, That 

3 in selecting which contracts to review, the Inspector Gen4 eral shall consider the cost and complexity of the goods 

5 and services to be provided under the contract, the criti6 cality of the contract to fulfilling Department missions, 

7 past performance problems on similar contracts or by the 

8 selected vendor, complaints received about the award proc9 ess or contractor performance, and such other factors as 

10 the Inspector General deems relevant: Provided further, 

11 That the Inspector General shall report the results of the 

12 reviews to the Committees on Appropriations of the Sen13 ate and the House of Representatives no later than Feb14 ruary 6, 2012. 

15 SEC. 521. None of the funds provided by this or pre16 vious appropriations Acts shall be used to fund any posi17 tion designated as a Principal Federal Official (or the suc18 cessor thereto) for any Robert T. Stafford Disaster Relief 

19 and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 

20 declared disasters or emergencies unless— 

21 (1) The responsibilities of the Principal Federal 

22 Official do not include operational functions related 

23 to incident management, including coordination of 

24 operations, and are consistent with the requirements 

25 of subsection 509(c) and subsections 503(c)(3) and 

mstockstill on DSK4VPTVN1PROD with BILLS

471 

•HR 3671 IH

1 (c)(4)(A) of the Homeland Security Act of 2002 (6 

2 U.S.C. 319(c) and 313(c)(3) and (c)(4)(A)) and sec3 tion 302 of the Robert T. Stafford Disaster Relief 

4 and Assistance Act (42 U.S.C. 5143); 

5 (2) Not later than 10 business days after the 

6 latter of the date on which the Secretary of Home7 land Security appoints the Principal Federal Official 

8 and the date on which the President issues a dec9 laration under section 401 or section 501 of the 

10 Robert T. Stafford Disaster Relief and Emergency 

11 Assistance Act (42 U.S.C. 5170 and 5191, respec12 tively), the Secretary of Homeland Security shall 

13 submit a notification of the appointment of the Prin14 cipal Federal Official and a description of the re15 sponsibilities of such Official and how such respon16 sibilities are consistent with paragraph (1) to the 

17 Committees on Appropriations of the Senate and the 

18 House of Representatives, the Transportation and 

19 Infrastructure Committee of the House of Rep20 resentatives, and the Homeland Security and Gov21 ernmental Affairs Committee of the Senate; and 

22 (3) Not later than 60 days after the date of en23 actment of this Act, the Secretary shall provide a re24 port specifying timeframes and milestones regarding 

25 the update of operations, planning and policy documstockstill on DSK4VPTVN1PROD with BILLS

472 

•HR 3671 IH

1 ments, and training and exercise protocols, to ensure 

2 consistency with paragraph (1) of this section. 

3 SEC. 522. None of the funds made available in this 

4 or any other Act for fiscal years 2012 and thereafter may 

5 be used to enforce section 4025(1) of Public Law 108– 

6 458 unless the Administrator of the Transportation Secu7 rity Administration reverses the determination of July 19, 

8 2007, that butane lighters are not a significant threat to 

9 civil aviation security. 

10 SEC. 523. None of the funds provided or otherwise 

11 made available in this Act shall be available to carry out 

12 section 872 of the Homeland Security Act of 2002 (6 

13 U.S.C. 452). 

14 SEC. 524. Funds made available in this Act may be 

15 used to alter operations within the Civil Engineering Pro16 gram of the Coast Guard nationwide, including civil engi17 neering units, facilities design and construction centers, 

18 maintenance and logistics commands, and the Coast 

19 Guard Academy, except that none of the funds provided 

20 in this Act may be used to reduce operations within any 

21 Civil Engineering Unit unless specifically authorized by a 

22 statute enacted after the date of enactment of this Act. 

23 SEC. 525. None of the funds made available in this 

24 Act may be used by United States Citizenship and Immi25 gration Services to grant an immigration benefit unless 

mstockstill on DSK4VPTVN1PROD with BILLS

473 

•HR 3671 IH

1 the results of background checks required by law to be 

2 completed prior to the granting of the benefit have been 

3 received by United States Citizenship and Immigration 

4 Services, and the results do not preclude the granting of 

5 the benefit. 

6 SEC. 526. None of the funds made available in this 

7 or any other Act for fiscal year 2012 and thereafter may 

8 be used to destroy or put out to pasture any horse or other 

9 equine belonging to any component or agency of the De10 partment of Homeland Security that has become unfit for 

11 service, unless the trainer or handler is first given the op12 tion to take possession of the equine through an adoption 

13 program that has safeguards against slaughter and inhu14 mane treatment. 

15 SEC. 527. Section 831 of the Homeland Security Act 

16 of 2002 (6 U.S.C. 391) is amended— 

17 (1) in subsection (a), by striking ‘‘Until Sep18 tember 30, 2011,’’ and inserting ‘‘Until September 

19 30, 2012,’’; 

20 (2) by striking subsection (b); 

21 (3) by redesignating subsections (c), (d), and 

22 (e) as subsections (b), (c), and (d), respectively; and 

23 (4) in subsection (c)(1) (as redesignated by 

24 paragraph (3) of this section), by striking ‘‘Sepmstockstill on DSK4VPTVN1PROD with BILLS

474 

•HR 3671 IH

1 tember 30, 2011,’’ and inserting ‘‘September 30, 

2 2012,’’. 

3 SEC. 528. The Secretary of Homeland Security shall 

4 require that all contracts of the Department of Homeland 

5 Security that provide award fees link such fees to success6 ful acquisition outcomes (which outcomes shall be speci7 fied in terms of cost, schedule, and performance). 

8 SEC. 529. Notwithstanding any other provision of 

9 law, none of the funds provided in this or any other Act 

10 shall be used to approve a waiver of the navigation and 

11 vessel-inspection laws pursuant to 46 U.S.C. 501(b) for 

12 the transportation of crude oil distributed from the Stra13 tegic Petroleum Reserve until the Secretary of Homeland 

14 Security, after consultation with the Secretaries of the De15 partments of Energy and Transportation and representa16 tives from the United States flag maritime industry, takes 

17 adequate measures to ensure the use of United States flag 

18 vessels: Provided, That the Secretary shall notify the Com19 mittees on Appropriations of the Senate and the House 

20 of Representatives, the Committee on Commerce, Science, 

21 and Transportation of the Senate, and the Committee on 

22 Transportation and Infrastructure of the House of Rep23 resentatives within 48 hours of any request for waivers 

24 of navigation and vessel-inspection laws pursuant to 46 

25 U.S.C. 501(b). 

mstockstill on DSK4VPTVN1PROD with BILLS

475 

•HR 3671 IH

1 SEC. 530. None of the funds made available to the 

2 Office of the Secretary and Executive Management under 

3 this Act may be expended for any new hires by the Depart4 ment of Homeland Security that are not verified through 

5 the E-Verify Program as described in section 403(a) of 

6 the Illegal Immigration Reform and Immigrant Responsi7 bility Act of 1996 (8 U.S.C. 1324a note). 

8 SEC. 531. None of the funds in this Act shall be used 

9 to reduce the United States Coast Guard’s Operations 

10 Systems Center mission or its government-employed or 

11 contract staff levels. 

12 SEC. 532. None of the funds made available in this 

13 Act for U.S. Customs and Border Protection may be used 

14 to prevent an individual not in the business of importing 

15 a prescription drug (within the meaning of section 801(g) 

16 of the Federal Food, Drug, and Cosmetic Act) from im17 porting a prescription drug from Canada that complies 

18 with the Federal Food, Drug, and Cosmetic Act: Provided, 

19 That this section shall apply only to individuals trans20 porting on their person a personal-use quantity of the pre21 scription drug, not to exceed a 90-day supply: Provided 

22 further, That the prescription drug may not be— 

23 (1) a controlled substance, as defined in section 

24 102 of the Controlled Substances Act (21 U.S.C. 

25 802); or 

mstockstill on DSK4VPTVN1PROD with BILLS

476 

•HR 3671 IH

1 (2) a biological product, as defined in section 

2 351 of the Public Health Service Act (42 U.S.C. 

3 262). 

4 SEC. 533. None of the funds appropriated by this Act 

5 may be used to conduct, or to implement the results of, 

6 a competition under Office of Management and Budget 

7 Circular A–76 for activities performed with respect to the 

8 Coast Guard National Vessel Documentation Center. 

9 SEC. 534. The Secretary of Homeland Security, in 

10 consultation with the Secretary of the Treasury, shall no11 tify the Committees on Appropriations of the Senate and 

12 the House of Representatives of any proposed transfers 

13 of funds available under section 9703.1 (g)(4)(B) of title 

14 31, United States Code (as added by Public Law 102– 

15 393) from the Department of the Treasury Forfeiture 

16 Fund to any agency within the Department of Homeland 

17 Security: Provided, That none of the funds identified for 

18 such a transfer may be obligated until the Committees on 

19 Appropriations of the Senate and the House of Represent20 atives approve the proposed transfers. 

21 SEC. 535. None of the funds made available in this 

22 Act may be used for planning, testing, piloting, or devel23 oping a national identification card. 

24 SEC. 536. If the Administrator of the Transportation 

25 Security Administration determines that an airport does 

mstockstill on DSK4VPTVN1PROD with BILLS

477 

•HR 3671 IH

1 not need to participate in the E-Verify Program as de2 scribed in section 403(a) of the Illegal Immigration Re3 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

4 1324a note), the Administrator shall certify to the Com5 mittees on Appropriations of the Senate and the House 

6 of Representatives that no security risks will result from 

7 such non-participation. 

8 SEC. 537. (a) Notwithstanding any other provision 

9 of this Act, except as provided in subsection (b), and 30 

10 days after the date on which the President determines 

11 whether to declare a major disaster because of an event 

12 and any appeal is completed, the Administrator shall pub13 lish on the Web site of the Federal Emergency Manage14 ment Agency a report regarding that decision that shall 

15 summarize damage assessment information used to deter16 mine whether to declare a major disaster. 

17 (b) The Administrator may redact from a report 

18 under subsection (a) any data that the Administrator de19 termines would compromise national security. 

20 (c) In this section— 

21 (1) the term ‘‘Administrator’’ means the Ad22 ministrator of the Federal Emergency Management 

23 Agency; and 

24 (2) the term ‘‘major disaster’’ has the meaning 

25 given that term in section 102 of the Robert T. 

mstockstill on DSK4VPTVN1PROD with BILLS

478 

•HR 3671 IH

1 Stafford Disaster Relief and Emergency Assistance 

2 Act (42 U.S.C. 5122). 

3 SEC. 538. (a) Notwithstanding any other provision 

4 of law during fiscal year 2012 or any subsequent fiscal 

5 year, if the Secretary of Homeland Security determines 

6 that the National Bio- and Agro-defense Facility should 

7 be located at a site other than Plum Island, New York, 

8 the Secretary shall ensure that the Administrator of Gen9 eral Services sells through public sale all real and related 

10 personal property and transportation assets which support 

11 Plum Island operations, subject to such terms and condi12 tions as may be necessary to protect Government interests 

13 and meet program requirements. 

14 (b) The proceeds of such sale described in subsection 

15 (a) shall be deposited as offsetting collections into the De16 partment of Homeland Security Science and Technology 

17 ‘‘Research, Development, Acquisition, and Operations’’ ac18 count and, subject to appropriation, shall be available until 

19 expended, for site acquisition, construction, and costs re20 lated to the construction of the National Bio- and Agro21 defense Facility, including the costs associated with the 

22 sale, including due diligence requirements, necessary envi23 ronmental remediation at Plum Island, and reimburse24 ment of expenses incurred by the General Services Admin25 istration. 

mstockstill on DSK4VPTVN1PROD with BILLS

479 

•HR 3671 IH

1 SEC. 539. Any official that is required by this Act 

2 to report or to certify to the Committees on Appropria3 tions of the Senate and the House of Representatives may 

4 not delegate such authority to perform that act unless spe5 cifically authorized herein. 

6 SEC. 540. Section 550(b) of the Department of 

7 Homeland Security Appropriations Act, 2007 (Public Law 

8 109–295; 6 U.S.C. 121 note), as amended by section 550 

9 of the Department of Homeland Security Appropriations 

10 Act, 2010 (Public Law 111–83), is further amended by 

11 striking ‘‘on October 4, 2011’’ and inserting ‘‘on October 

12 4, 2012’’. 

13 SEC. 541. None of the funds appropriated or other14 wise made available in this or any other Act may be used 

15 to transfer, release, or assist in the transfer or release to 

16 or within the United States, its territories, or possessions 

17 Khalid Sheikh Mohammed or any other detainee who— 

18 (1) is not a United States citizen or a member 

19 of the Armed Forces of the United States; and 

20 (2) is or was held on or after June 24, 2009, 

21 at the United States Naval Station, Guantanamo 

22 Bay, Cuba, by the Department of Defense. 

23 SEC. 542. None of the funds made available in this 

24 Act may be used for first-class travel by the employees 

25 of agencies funded by this Act in contravention of sections 

mstockstill on DSK4VPTVN1PROD with BILLS

480 

•HR 3671 IH

1 301–10.122 through 301.10–124 of title 41, Code of Fed2 eral Regulations. 

3 SEC. 543. None of the funds made available in this 

4 Act may be used to propose or effect a disciplinary or ad5 verse action, with respect to any Department of Homeland 

6 Security employee who engages regularly with the public 

7 in the performance of his or her official duties solely be8 cause that employee elects to utilize protective equipment 

9 or measures, including but not limited to surgical masks, 

10 N95 respirators, gloves, or hand-sanitizers, where use of 

11 such equipment or measures is in accord with Department 

12 of Homeland Security policy, and Centers for Disease 

13 Control and Prevention and Office of Personnel Manage14 ment guidance. 

15 SEC. 544. None of the funds made available in this 

16 Act may be used to employ workers described in section 

17 274A(h)(3) of the Immigration and Nationality Act (8 

18 U.S.C. 1324a(h)(3)). 

19 SEC. 545. (a) Any company that collects or retains 

20 personal information directly from any individual who par21 ticipates in the Registered Traveler program of the Trans22 portation Security Administration shall safeguard and dis23 pose of such information in accordance with the require24 ments in— 

mstockstill on DSK4VPTVN1PROD with BILLS

481 

•HR 3671 IH

1 (1) the National Institute for Standards and 

2 Technology Special Publication 800–30, entitled 

3 ‘‘Risk Management Guide for Information Tech4 nology Systems’’; 

5 (2) the National Institute for Standards and 

6 Technology Special Publication 800–53, Revision 3, 

7 entitled ‘‘Recommended Security Controls for Fed8 eral Information Systems and Organizations,’’; and 

9 (3) any supplemental standards established by 

10 the Administrator of the Transportation Security 

11 Administration (referred to in this section as the 

12 ‘‘Administrator’’). 

13 (b) The airport authority or air carrier operator that 

14 sponsors the company under the Registered Traveler pro15 gram shall be known as the Sponsoring Entity. 

16 (c) The Administrator shall require any company cov17 ered by subsection (a) to provide, not later than 30 days 

18 after the date of enactment of this Act, to the Sponsoring 

19 Entity written certification that the procedures used by 

20 the company to safeguard and dispose of information are 

21 in compliance with the requirements under subsection (a). 

22 Such certification shall include a description of the proce23 dures used by the company to comply with such require24 ments. 

mstockstill on DSK4VPTVN1PROD with BILLS

482 

•HR 3671 IH

1 SEC. 546. For fiscal year 2012 and thereafter, for 

2 purposes of section 210C of the Homeland Security Act 

3 of 2002 (6 U.S.C. 124j), a rural area shall also include 

4 any area that is located in a metropolitan statistical area 

5 and a county, borough, parish, or area under the jurisdic6 tion of an Indian tribe with a population of not more than 

7 50,000. 

8 SEC. 547. Notwithstanding any other provision of 

9 this Act, none of the funds appropriated or otherwise 

10 made available by this Act may be used to pay award or 

11 incentive fees for contractor performance that has been 

12 judged to be below satisfactory performance or perform13 ance that does not meet the basic requirements of a con14 tract. 

15 SEC. 548. (a) Not later than 180 days after the date 

16 of enactment of this Act, the Administrator of the Trans17 portation Security Administration shall submit to the 

18 Committees on Appropriations of the Senate and the 

19 House of Representatives, a report that either— 

20 (1) certifies that the requirement for screening 

21 all air cargo on passenger aircraft by the deadline 

22 under section 44901(g) of title 49, United States 

23 Code, has been met; or 

mstockstill on DSK4VPTVN1PROD with BILLS

483 

•HR 3671 IH

1 (2) includes a strategy to comply with the re2 quirements under title 44901(g) of title 49, United 

3 States Code, including— 

4 (A) a plan to meet the requirement under 

5 section 44901(g) of title 49, United States 

6 Code, to screen 100 percent of air cargo trans7 ported on passenger aircraft arriving in the 

8 United States in foreign air transportation (as 

9 that term is defined in section 40102 of that 

10 title); and 

11 (B) specification of— 

12 (i) the percentage of such air cargo 

13 that is being screened; and 

14 (ii) the schedule for achieving screen15 ing of 100 percent of such air cargo. 

16 (b) The Administrator shall continue to submit re17 ports described in subsection (a)(2) every 180 days there18 after until the Administrator certifies that the Transpor19 tation Security Administration has achieved screening of 

20 100 percent of such air cargo. 

21 SEC. 549. In developing any process to screen avia22 tion passengers and crews for transportation or national 

23 security purposes, the Secretary of Homeland Security 

24 shall ensure that all such processes take into consideration 

mstockstill on DSK4VPTVN1PROD with BILLS

484 

•HR 3671 IH

1 such passengers’ and crews’ privacy and civil liberties con2 sistent with applicable laws, regulations, and guidance. 

3 SEC. 550. (a) None of the funds made available in 

4 this Act may be obligated for construction of the National 

5 Bio- and Agro-defense Facility until the Department of 

6 Homeland Security— 

7 (1) completes 50 percent of design planning for 

8 the National Bio- and Agro-defense Facility; 

9 (2) submits to the Committees on Appropria10 tions of the Senate and the House of Representa11 tives a revised site-specific biosafety and biosecurity 

12 mitigation risk assessment that describes how to sig13 nificantly reduce risks of conducting essential re14 search and diagnostic testing at the National Bio15 and Agro-defense Facility and addresses short16 comings identified in the National Academy of 

17 Sciences’ evaluation of the initial site-specific bio18 safety and biosecurity mitigation risk assessment; 

19 and 

20 (3) submits to the Committees on Appropria21 tions of the Senate and the House of Representa22 tives the results of the National Academy of 

23 Sciences’ review of the risk assessment as described 

24 in subsection (c). 

mstockstill on DSK4VPTVN1PROD with BILLS

485 

•HR 3671 IH

1 (b) The revised site-specific biosafety and biosecurity 

2 mitigation risk assessment required by subsection (a) 

3 shall— 

4 (1) include a quantitative risk assessment for 

5 foot-and-mouth disease virus, in particular epidemio6 logical and economic impact modeling to determine 

7 the overall risk of operating the facility for its ex8 pected 50-year life span, taking into account strate9 gies to mitigate risk of foot-and-mouth disease virus 

10 release from the laboratory and ensure safe oper11 ations at the approved National Bio- and Agro-de12 fense Facility site; 

13 (2) address the impact of surveillance, response, 

14 and mitigation plans (developed in consultation with 

15 local, State, and Federal authorities and appropriate 

16 stakeholders) if a release occurs, to detect and con17 trol the spread of disease; and 

18 (3) include overall risks of the most dangerous 

19 pathogens the Department of Homeland Security ex20 pects to hold in the National Bio- and Agro-defense 

21 Facility’s biosafety level 4 facility, and effectiveness 

22 of mitigation strategies to reduce those risks. 

23 (c) The Department of Homeland Security shall enter 

24 into a contract with the National Academy of Sciences to 

25 evaluate the adequacy and validity of the risk assessment 

mstockstill on DSK4VPTVN1PROD with BILLS

486 

•HR 3671 IH

1 required by subsection (a). The National Academy of 

2 Sciences shall submit a report on such evaluation within 

3 four months after the date the Department of Homeland 

4 Security concludes its risk assessment. 

5 SEC. 551. (a) Notwithstanding section 1356(n) of 

6 title 8, United States Code, of the funds deposited into 

7 the Immigration Examinations Fee Account, $10,000,000 

8 shall be available to United States Citizenship and Immi9 gration Services in fiscal year 2012 for the purpose of pro10 viding an immigrant integration grants program. 

11 (b) None of the funds made available to United 

12 States Citizenship and Immigration Services for grants for 

13 immigrant integration may be used to provide services to 

14 aliens who have not been lawfully admitted for permanent 

15 residence. 

16 SEC. 552. For an additional amount for necessary ex17 penses for reimbursement of the actual costs to State and 

18 local governments for providing emergency management, 

19 public safety, and security at events, as determined by the 

20 Administrator of the Federal Emergency Management 

21 Agency, related to the presence of a National Special Se22 curity Event, $7,500,000, to remain available until Sep23 tember 30, 2013. 

24 SEC. 553. Notwithstanding the 10 percent limitation 

25 contained in section 503(c) of this Act, the Secretary of 

mstockstill on DSK4VPTVN1PROD with BILLS

487 

•HR 3671 IH

1 Homeland Security may transfer to the fund established 

2 by 8 U.S.C. 1101 note, up to $20,000,000 from appro3 priations available to the Department of Homeland Secu4 rity: Provided, That the Secretary shall notify the Commit5 tees on Appropriations of the Senate and the House of 

6 Representatives 5 days in advance of such transfer. 

7 SEC. 554. The administrative law judge annuitants 

8 participating in the Senior Administrative Law Judge 

9 Program managed by the Director of the Office of Per10 sonnel Management under section 3323 of title 5, United 

11 States Code, shall be available on a temporary re-employ12 ment basis to conduct arbitrations of disputes as part of 

13 the arbitration panel established by the President under 

14 section 601 of division A of the American Recovery and 

15 Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 

16 164). 

17 SEC. 555. None of the funds appropriated or other18 wise made available by this Act may be used by the De19 partment of Homeland Security to enter into any federal 

20 contract unless such contract is entered into in accordance 

21 with the requirements of the Federal Property and Admin22 istrative Services Act of 1949 (41 U.S.C. 253) or Chapter 

23 137 of title 10, United States Code, and the Federal Ac24 quisition Regulation, unless such contract is otherwise aumstockstill on DSK4VPTVN1PROD with BILLS

488 

•HR 3671 IH

1 thorized by statute to be entered into without regard to 

2 the above referenced statutes. 

3 SEC. 556. (a) For an additional amount for data cen4 ter migration, $70,000,000. 

5 (b) Funds made available in subsection (a) for data 

6 center migration may be transferred by the Secretary of 

7 Homeland Security between appropriations for the same 

8 purpose, notwithstanding section 503 of this Act. 

9 (c) No transfer described in subsection (b) shall occur 

10 until 15 days after the Committees on Appropriations of 

11 the Senate and the House of Representatives are notified 

12 of such transfer. 

13 SEC. 557. For fiscal year 2012 and thereafter, U.S. 

14 Customs and Border Protection’s Advanced Training Cen15 ter is authorized to charge fees for any service and/or 

16 thing of value it provides to Federal Government or non17 government entities or individuals, so long as the fees 

18 charged do not exceed the full costs associated with the 

19 service or thing of value provided: Provided, That notwith20 standing 31 U.S.C. 3302(b), fees collected by the Ad21 vanced Training Center are to be deposited into a separate 

22 account entitled ‘‘Advanced Training Center Revolving 

23 Fund’’, and be available, without further appropriations, 

24 for necessary expenses of the Advanced Training Center 

25 program, and are to remain available until expended. 

mstockstill on DSK4VPTVN1PROD with BILLS

489 

•HR 3671 IH

1 SEC. 558. Section 559(e) of Public Law 111–83 is 

2 amended— 

3 (a) in the matter preceding the first proviso, by strik4 ing ‘‘law, sell’’ and inserting ‘‘law, hereafter sell’’; and 

5 (b) in the first proviso— 

6 (1) by striking ‘‘shall be deposited’’ and insert7 ing ‘‘shall hereafter be deposited’’; and 

8 (2) by striking ‘‘subject to appropriation,’’ and 

9 inserting ‘‘without further appropriations,’’. 

10 SEC. 559. Notwithstanding any other provision of 

11 law, should the Secretary of Homeland Security determine 

12 that specific U.S. Immigration and Customs Enforcement 

13 Service Processing Centers or other U.S. Immigration and 

14 Customs Enforcement owned detention facilities no longer 

15 meet the mission need, the Secretary is authorized to dis16 pose of individual Service Processing Centers or other 

17 U.S. Immigration and Customs Enforcement owned de18 tention facilities by directing the Administrator of General 

19 Services to sell all real and related personal property which 

20 support Service Processing Centers or other U.S. Immi21 gration and Customs Enforcement owned detention facili22 ties, subject to such terms and conditions as necessary to 

23 protect Government interests and meet program require24 ments: Provided, That the proceeds, net of the costs of 

25 sale incurred by the General Services Administration and 

mstockstill on DSK4VPTVN1PROD with BILLS

490 

•HR 3671 IH

1 U.S. Immigration and Customs Enforcement, shall be de2 posited as offsetting collections into a separate account 

3 that shall be available, subject to appropriation, until ex4 pended for other real property capital asset needs of exist5 ing U.S. Immigration and Customs Enforcement assets, 

6 excluding daily operations and maintenance costs, as the 

7 Secretary deems appropriate: Provided further, That any 

8 sale or collocation of federally owned detention facilities 

9 shall not result in the maintenance of fewer than 34,000 

10 detention beds: Provided further, That the Committees on 

11 Appropriations of the Senate and the House of Represent12 atives shall be notified 15 days prior to the announcement 

13 of any proposed sale or collocation. 

14 SEC. 560. For an additional amount for the ‘‘Office 

15 of the Under Secretary for Management’’, $55,979,000, 

16 to remain available until expended, for necessary expenses 

17 to plan, acquire, construct, renovate, remediate, equip, 

18 furnish, and occupy buildings and facilities for the consoli19 dation of department headquarters at St. Elizabeths and 

20 associated mission support consolidation: Provided, That 

21 the Committees on Appropriations of the Senate and the 

22 House of Representatives shall receive an expenditure plan 

23 not later than 90 days after the date of enactment of this 

24 Act detailing the allocation of these funds. 

mstockstill on DSK4VPTVN1PROD with BILLS

491 

•HR 3671 IH

1 SEC. 561. None of the funds made available by this 

2 Act may be used to enforce the requirements in— 

3 (1) section 34(a)(1)(A) of the Federal Fire Pre4 vention and Control Act of 1974 (15 U.S.C. 

5 2229(a)(1)(A)); 

6 (2) section 34(a)(1)(B) of such Act; 

7 (3) section 34(c)(1) of such Act; 

8 (4) section 34(c)(2) of such Act; 

9 (5) section 34(c)(4)(A) of such Act; and 

10 (6) section 34(a)(1)(E) of such Act. 

11 SEC. 562. Notwithstanding the requirement under 

12 section 34(a)(1)(A) of the Federal Fire Prevention and 

13 Control Act of 1974 (15 U.S.C. 2229a(a)(1)(A)) that 

14 grants must be used to increase the number of firefighters 

15 in fire departments, the Secretary of Homeland Security, 

16 in making grants under section 34 of such Act using the 

17 funds appropriated for fiscal year 2011, shall grant waiv18 ers from the requirements of subsections (a)(1)(B), (c)(1), 

19 (c)(2), and (c)(4)(A) of such section: Provided, That sec20 tion 34(a)(1)(E) of such Act shall not apply with respect 

21 to funds appropriated for fiscal year 2011 for grants 

22 under section 34 of such Act: Provided further, That the 

23 Secretary of Homeland Security, in making grants under 

24 section 34 of such Act, shall ensure that funds appromstockstill on DSK4VPTVN1PROD with BILLS

492 

•HR 3671 IH

1 priated for fiscal year 2011 are made available for the hir2 ing, rehiring, or retention of firefighters. 

3 SEC. 563. For fiscal year 2012 and thereafter, not4 withstanding section 1012(a)(5) of the Oil Pollution Act 

5 of 1990 (33 U.S.C. 2712(a)(5)) and 31 U.S.C. 3302, in 

6 the event that a spill of national significance occurs, any 

7 payment of amounts from the Oil Spill Liability Trust 

8 Fund pursuant to section 1012(a)(1) of the Oil Pollution 

9 Act of 1990 (33 U.S.C. 2712(a)(1)) for the removal costs 

10 incurred by the Coast Guard for such spill, shall be cred11 ited directly to the accounts of the Coast Guard current 

12 at the time such removal costs were incurred or when re13 imbursement is received: Provided, That such amounts 

14 shall be merged with and, without further appropriations, 

15 made available for the same time period and the same pur16 pose as the appropriation to which it is credited. 

17 SEC. 564. (a) CIVIL PENALTIES FOR CIRCUM18 VENTING SECURITY SCREENING.—Section 

19 46301(a)(5)(A)(i) of title 49, United States Code, is 

20 amended— 

21 (1) by striking ‘‘or chapter 449’’ and inserting 

22 ‘‘chapter 449’’; and 

23 (2) by inserting ‘‘, or section 46314(a)’’ after 

24 ‘‘44909)’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

493 

•HR 3671 IH

1 (b) CRIMINAL PENALTIES FOR CIRCUMVENTING SE2 CURITY SCREENING.—Section 46314(b)(2) of title 49, 

3 United States Code, is amended by inserting ‘‘with intent 

4 to evade security procedures or restrictions or’’ after ‘‘of 

5 this section’’. 

6 (c) NOTICE OF PENALTIES.—Section 46314 of title 

7 49, United States Code, is amended by adding at the end 

8 the following new subsection: 

9 ‘‘(c) NOTICE OF PENALTIES.— 

10 ‘‘(1) IN GENERAL.—Each operator of an air11 port in the United States that is required to estab12 lish an air transportation security program pursuant 

13 to section 44903(c) shall ensure that signs that meet 

14 such requirements as the Secretary of Homeland Se15 curity may prescribe providing notice of the pen16 alties imposed under section 46301(a)(5)(A)(i) and 

17 subsection (b) of this section are displayed near all 

18 screening locations, all locations where passengers 

19 exit the sterile area, and such other locations at the 

20 airport as the Secretary of Homeland Security deter21 mines appropriate. 

22 ‘‘(2) EFFECT OF SIGNS ON PENALTIES.—An in23 dividual shall be subject to a penalty imposed under 

24 section 46301(a)(5)(A)(i) or subsection (b) of this 

mstockstill on DSK4VPTVN1PROD with BILLS

494 

•HR 3671 IH

1 section without regard to whether signs are dis2 played at an airport as required by paragraph (1).’’. 

3 SEC. 565. (a) SHORT TITLE.—This section may be 

4 cited as the ‘‘Disaster Assistance Recoupment Fairness 

5 Act of 2011’’. 

6 (b) DEBTS SINCE 2005.— 

7 (1) DEFINITION.—In this section, the term 

8 ‘‘covered assistance’’ means assistance provided— 

9 (A) under section 408 of the Robert T. 

10 Stafford Disaster Relief and Emergency Assist11 ance Act (42 U.S.C. 5174); and 

12 (B) in relation to a major disaster declared 

13 by the President under section 401 of the Rob14 ert T. Stafford Disaster Relief and Emergency 

15 Assistance Act (42 U.S.C. 5170) during the pe16 riod beginning on August 28, 2005, and ending 

17 on December 31, 2010. 

18 (2) WAIVER AUTHORITY.—The Administrator 

19 of the Federal Emergency Management Agency— 

20 (A) subject to subparagraph (B) and para21 graph (3), may waive a debt owed to the United 

22 States related to covered assistance provided to 

23 an individual or household if— 

mstockstill on DSK4VPTVN1PROD with BILLS

495 

•HR 3671 IH

1 (i) the covered assistance was distrib2 uted based on an error by the Federal 

3 Emergency Management Agency; 

4 (ii) there was no fault on behalf of the 

5 debtor; and 

6 (iii) the collection of the debt would be 

7 against equity and good conscience; and 

8 (B) may not waive a debt under subpara9 graph (A) if the debt involves fraud, the presen10 tation of a false claim, or misrepresentation by 

11 the debtor or any party having an interest in 

12 the claim. 

13 (3) PRESUMPTION OF REPAYMENT.—In deter14 mining whether to waive a debt under paragraph 

15 (2), the Administrator of the Federal Emergency 

16 Management Agency shall presume that, if the ad17 justed gross income (as defined under section 62 of 

18 the Internal Revenue Code of 1986) of the house19 hold of the debtor for the last taxable year ending 

20 in or with the calendar year preceding the date on 

21 which the income is determined exceeds $90,000, the 

22 debtor should be required to make at least a partial 

23 payment on the debt. 

24 (4) REPORTING.—Not later than 3 months 

25 after the date of enactment of this Act, and every 

mstockstill on DSK4VPTVN1PROD with BILLS

496 

•HR 3671 IH

1 3 months thereafter until the date that is 18 months 

2 after the date of enactment of this Act, the Inspec3 tor General of the Department of Homeland Secu4 rity shall submit a report that assesses the cost-ef5 fectiveness of the efforts of the Federal Emergency 

6 Management Agency to recoup improper payments 

7 under the Individuals and Household Program under 

8 section 408 of the Robert T. Stafford Disaster Relief 

9 and Emergency Assistance Act (42 U.S.C. 5174) 

10 to— 

11 (A) the Committee on Homeland Security 

12 and Governmental Affairs and the Sub13 committee on Homeland Security of the Com14 mittee on Appropriations of the Senate; and 

15 (B) the Committee on Homeland Security, 

16 the Committee on Transportation and Infra17 structure, and the Subcommittee on Homeland 

18 Security of the Committee on Appropriations of 

19 the House of Representatives. 

20 SEC. 566. (a) Notwithstanding section 312 of the 

21 Robert T. Stafford Disaster Relief and Emergency Assist22 ance Act and subject to subsection (b), recipients of Small 

23 Business Administration Disaster loans for disaster-re24 lated damage to their homes may be eligible for reimburse25 ment at the discretion of the state, under Section 404 of 

mstockstill on DSK4VPTVN1PROD with BILLS

497 

•HR 3671 IH

1 that Act, for documented and eligible mitigation work per2 formed on their home. 

3 (b) LIMITATIONS.— 

4 (1) Any reimbursement provided to or on behalf 

5 of a homeowner pursuant to subsection (a) shall not 

6 exceed the amount of the disaster loan that may be 

7 used and was used for disaster mitigation activities; 

8 and 

9 (2) Subsection (a) shall only apply if the dis10 aster loan and assistance provided under section 404 

11 were made available in response to the same disaster 

12 declaration. 

13 (3) Shall be applicable only to disasters de14 clared by the President under section 401 of the 

15 Robert T. Stafford Disaster Relief and Emergency 

16 Assistance Act (42 U.S.C. 5170) during the period 

17 beginning on August 28, 2005 and ending on Au18 gust 28, 2006. 

19 (c) If a state chooses to use funds under section 404 

20 to reimburse homeowners as provided in subsection (a), 

21 it shall make payments in the following order: 

22 (1) First, to the Small Business Administration 

23 on behalf of the eligible homeowner for the purpose 

24 of reducing, but not below zero, the homeowner’s 

mstockstill on DSK4VPTVN1PROD with BILLS

498 

•HR 3671 IH

1 outstanding debt obligation to the Small Business 

2 Administration for the disaster loan; and 

3 (2) Second, any remaining reimbursement shall 

4 be paid directly to the homeowner. 

5 SEC. 567. None of the funds made available under 

6 this Act or any prior appropriations Act may be provided 

7 to the Association of Community Organizations for Re8 form Now (ACORN), or any of its affiliates, subsidiaries, 

9 or allied organizations. 

10 SEC. 568. The Commissioner of U.S. Customs and 

11 Border Protection and the Assistant Secretary of Home12 land Security for U.S. Immigration and Customs Enforce13 ment each shall submit to the Committees on Appropria14 tions of the Senate and the House of Representatives with 

15 the congressional budget justification, a multi-year invest16 ment and management plan, to include each year starting 

17 with the current fiscal year and the 3 subsequent fiscal 

18 years, for their respective Offices of Information Tech19 nology to include for that office— 

20 (1) the funding level by source for all funds to 

21 be executed; 

22 (2) the funding included for each project and 

23 activity tied to mission requirements, program man24 agement capabilities, performance levels, and specific 

25 capabilities and services to be delivered; 

mstockstill on DSK4VPTVN1PROD with BILLS

499 

•HR 3671 IH

1 (3) the total estimated cost and projected 

2 timeline of completion for all multi-year enhance3 ments, modernizations, and new capabilities pro4 posed in the current fiscal year or underway; and 

5 (4) a detailed accounting of operation and 

6 maintenance costs. 

7 SEC. 569. The Secretary of Homeland Security shall 

8 ensure enforcement of immigration laws (as defined in sec9 tion 101(a)(17) of the Immigration and Nationality Act 

10 (8 U.S.C. 1101(a)(17))). 

11 (RESCISSIONS)

12 SEC. 570. Of the funds transferred to the Depart13 ment of Homeland Security when it was created in 2003, 

14 the following funds are hereby rescinded from the fol15 lowing accounts and programs in the specified amounts: 

16 (1) $2,577,000 from Coast Guard ‘‘Acquisition, 

17 Construction, and Improvements’’; 

18 (2) $5,355,296 from U.S. Immigration and 

19 Customs Enforcement ‘‘Salaries and Expenses’’; 

20 (3) $99,012 from U.S. Immigration and Cus21 toms Enforcement ‘‘Violent Crime Reduction Pro22 grams’’; 

23 (4) $3,332,541 from U.S. Customs and Border 

24 Protection ‘‘Salaries and Expenses’’; 

mstockstill on DSK4VPTVN1PROD with BILLS

500 

•HR 3671 IH

1 (5) $3,121,248 from Department of Homeland 

2 Security ‘‘Office for Domestic Preparedness’’; 

3 (6) $678,213 from Federal Emergency Manage4 ment Agency ‘‘National Predisaster Mitigation 

5 Fund’’; 

6 (7) $5,201,000 from ‘‘Working Capital Fund’’; 

7 (8) $95,998 from ‘‘Counterterrorism Fund’’; 

8 (9) $41,091 from U.S. Customs and Border 

9 Protection ‘‘Violent Crime Reduction Fund’’; and 

10 (10) $153,095 from U.S. Immigration and Cus11 toms Enforcement ‘‘Violent Crime Reduction Trust 

12 Fund’’. 

13 (RESCISSIONS)

14 SEC. 571. The following unobligated balances made 

15 available to the Department of Homeland Security pursu16 ant to section 505 of Department of Homeland Security 

17 Appropriations Act, 2011 (Public Law 112–10; 125 Stat. 

18 147) are rescinded: 

19 (1) $178,783 from ‘‘Analysis and Operations’’; 

20 (2) $1,619,907 from U.S. Customs and Border 

21 Protection ‘‘Salaries and Expenses’’; 

22 (3) $296,022 from Transportation Security Ad23 ministration ‘‘Federal Air Marshals’’; 

24 (4) $37,800,412 from Coast Guard ‘‘Operating 

25 Expenses’’; 

mstockstill on DSK4VPTVN1PROD with BILLS

501 

•HR 3671 IH

1 (5) $879,153 from Coast Guard ‘‘Acquisition, 

2 Construction, and Improvements’’; 

3 (6) $1,104,347 from United States Secret Serv4 ice ‘‘Salaries and Expenses’’; 

5 (7) $97,046 from National Protection and Pro6 grams Directorate ‘‘Management and Administra7 tion’’; 

8 (8) $78,764 from National Protection and Pro9 grams Directorate ‘‘Infrastructure Protection and 

10 Information Security’’; 

11 (9) $117,133 from Office of Health Affairs 

12 ‘‘Salaries and Expenses’’; 

13 (10) $1,301,581 from ‘‘United States Citizen14 ship and Immigration Services’’; 

15 (11) $369,032 from Federal Law Enforcement 

16 Training Center ‘‘Salaries and Expenses’’; 

17 (12) $279,098 from Science and Technology 

18 ‘‘Management and Administration’’; 

19 (13) $1,072,938 from Domestic Nuclear Detec20 tion Office ‘‘Management and Administration’’; and 

21 (14) $216,744 from Federal Emergency Man22 agement Agency ‘‘Management and Administration’’. 

23 (RESCISSIONS)

24 SEC. 572. Of the funds appropriated to the Depart25 ment of Homeland Security, the following unobligated balmstockstill on DSK4VPTVN1PROD with BILLS

502 

•HR 3671 IH

1 ances are hereby rescinded from the following accounts 

2 and programs in the specified amounts: 

3 (1) $10,000,000 from U.S. Immigration and 

4 Customs Enforcement ‘‘Salaries and Expenses’’; 

5 (2) $10,000,000 from U.S. Immigration and 

6 Customs Enforcement ‘‘Automation Modernization’’; 

7 (3) $5,000,000 from U.S. Customs and Border 

8 Protection ‘‘Automation Modernization’’: Provided, 

9 That no funds shall be rescinded from prior year ap10 propriations provided for the TECS modernization 

11 program; 

12 (4) $71,300,000 from Transportation Security 

13 Administration ‘‘Aviation Security’’ account 

14 70x0550; 

15 (5) $7,000,000 from U.S. Customs and Border 

16 Protection ‘‘Border Security Fencing, Infrastruc17 ture, and Technology’’; 

18 (6) $2,427,336 from Coast Guard ‘‘Acquisition, 

19 Construction, and Improvements’’; 

20 (7) $5,000,000 from the ‘‘Office of the Chief 

21 Information Officer’’ related to Emerge2; and 

22 (8) $27,400,000 from National Protection and 

23 Programs Directorate ‘‘United States Visitor and 

24 Immigrant Indicator Technology’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

503 

•HR 3671 IH

1 SEC. 573. Sections 1309(a) and 1319 of the National 

2 Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 

3 4026) are each amended by striking ‘‘September 30, 

4 2011’’ and inserting ‘‘the earlier of the date of the enact5 ment into law of an Act that specifically amends the date 

6 specified in this section or May 31, 2012’’. 

7 This Act may be cited as the ‘‘Department of Home8 land Security Appropriations Act, 2012’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

504 

•HR 3671 IH

1 DIVISION E—DEPARTMENT OF THE INTE2 RIOR, ENVIRONMENT, AND RELATED 

3 AGENCIES APPROPRIATIONS ACT, 2012 

4 TITLE I—DEPARTMENT OF THE INTERIOR 

5

6 BUREAU OF LAND MANAGEMENT

7 MANAGEMENT OF LANDS AND RESOURCES

8 For necessary expenses for protection, use, improve9 ment, development, disposal, cadastral surveying, classi10 fication, acquisition of easements and other interests in 

11 lands, and performance of other functions, including main12 tenance of facilities, as authorized by law, in the manage13 ment of lands and their resources under the jurisdiction 

14 of the Bureau of Land Management, including the general 

15 administration of the Bureau, and assessment of mineral 

16 potential of public lands pursuant to Public Law 96–487 

17 (16 U.S.C. 3150(a)), $961,900,000, to remain available 

18 until expended; of which $3,000,000 shall be available in 

19 fiscal year 2012 subject to a match by at least an equal 

20 amount by the National Fish and Wildlife Foundation for 

21 cost-shared projects supporting conservation of Bureau 

22 lands; and such funds shall be advanced to the Foundation 

23 as a lump-sum grant without regard to when expenses are 

24 incurred. 

mstockstill on DSK4VPTVN1PROD with BILLS

505 

•HR 3671 IH

1 In addition, $32,500,000 is for the processing of ap2 plications for permit to drill and related use authoriza3 tions, to remain available until expended, to be reduced 

4 by amounts collected by the Bureau and credited to this 

5 appropriation that shall be derived from $6,500 per new 

6 application for permit to drill that the Bureau shall collect 

7 upon submission of each new application, and in addition, 

8 $39,696,000 is for Mining Law Administration program 

9 operations, including the cost of administering the mining 

10 claim fee program; to remain available until expended, to 

11 be reduced by amounts collected by the Bureau and cred12 ited to this appropriation from mining claim maintenance 

13 fees and location fees that are hereby authorized for fiscal 

14 year 2012 so as to result in a final appropriation esti15 mated at not more than $961,900,000, and $2,000,000, 

16 to remain available until expended, from communication 

17 site rental fees established by the Bureau for the cost of 

18 administering communication site activities. 

19 CONSTRUCTION

20 For construction of buildings, recreation facilities, 

21 roads, trails, and appurtenant facilities, $3,576,000, to re22 main available until expended. 

23 LAND ACQUISITION

24 For expenses necessary to carry out sections 205, 

25 206, and 318(d) of Public Law 94–579, including adminmstockstill on DSK4VPTVN1PROD with BILLS

506 

•HR 3671 IH

1 istrative expenses and acquisition of lands or waters, or 

2 interests therein, $22,380,000, to be derived from the 

3 Land and Water Conservation Fund and to remain avail4 able until expended. 

5 OREGON AND CALIFORNIA GRANT LANDS

6 For expenses necessary for management, protection, 

7 and development of resources and for construction, oper8 ation, and maintenance of access roads, reforestation, and 

9 other improvements on the revested Oregon and California 

10 Railroad grant lands, on other Federal lands in the Or11 egon and California land-grant counties of Oregon, and 

12 on adjacent rights-of-way; and acquisition of lands or in13 terests therein, including existing connecting roads on or 

14 adjacent to such grant lands; $112,043,000, to remain 

15 available until expended: Provided, That 25 percent of the 

16 aggregate of all receipts during the current fiscal year 

17 from the revested Oregon and California Railroad grant 

18 lands is hereby made a charge against the Oregon and 

19 California land-grant fund and shall be transferred to the 

20 General Fund in the Treasury in accordance with the sec21 ond paragraph of subsection (b) of title II of the Act of 

22 August 28, 1937 (50 Stat. 876). 

23 RANGE IMPROVEMENTS

24 For rehabilitation, protection, and acquisition of 

25 lands and interests therein, and improvement of Federal 

mstockstill on DSK4VPTVN1PROD with BILLS

507 

•HR 3671 IH

1 rangelands pursuant to section 401 of the Federal Land 

2 Policy and Management Act of 1976 (43 U.S.C. 1701), 

3 notwithstanding any other Act, sums equal to 50 percent 

4 of all moneys received during the prior fiscal year under 

5 sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 

6 315 et seq.) and the amount designated for range improve7 ments from grazing fees and mineral leasing receipts from 

8 Bankhead-Jones lands transferred to the Department of 

9 the Interior pursuant to law, but not less than 

10 $10,000,000, to remain available until expended: Pro11 vided, That not to exceed $600,000 shall be available for 

12 administrative expenses. 

13 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

14 For administrative expenses and other costs related 

15 to processing application documents and other authoriza16 tions for use and disposal of public lands and resources, 

17 for costs of providing copies of official public land docu18 ments, for monitoring construction, operation, and termi19 nation of facilities in conjunction with use authorizations, 

20 and for rehabilitation of damaged property, such amounts 

21 as may be collected under Public Law 94–579, as amend22 ed, and Public Law 93–153, to remain available until ex23 pended: Provided, That, notwithstanding any provision to 

24 the contrary of section 305(a) of Public Law 94–579 (43 

25 U.S.C. 1735(a)), any moneys that have been or will be 

mstockstill on DSK4VPTVN1PROD with BILLS

508 

•HR 3671 IH

1 received pursuant to that section, whether as a result of 

2 forfeiture, compromise, or settlement, if not appropriate 

3 for refund pursuant to section 305(c) of that Act (43 

4 U.S.C. 1735(c)), shall be available and may be expended 

5 under the authority of this Act by the Secretary to im6 prove, protect, or rehabilitate any public lands adminis7 tered through the Bureau of Land Management which 

8 have been damaged by the action of a resource developer, 

9 purchaser, permittee, or any unauthorized person, without 

10 regard to whether all moneys collected from each such ac11 tion are used on the exact lands damaged which led to 

12 the action: Provided further, That any such moneys that 

13 are in excess of amounts needed to repair damage to the 

14 exact land for which funds were collected may be used to 

15 repair other damaged public lands. 

16 MISCELLANEOUS TRUST FUNDS

17 In addition to amounts authorized to be expended 

18 under existing laws, there is hereby appropriated such 

19 amounts as may be contributed under section 307 of the 

20 Act of October 21, 1976 (43 U.S.C. 1701), and such 

21 amounts as may be advanced for administrative costs, sur22 veys, appraisals, and costs of making conveyances of omit23 ted lands under section 211(b) of that Act, to remain 

24 available until expended. 

mstockstill on DSK4VPTVN1PROD with BILLS

509 

•HR 3671 IH

1 ADMINISTRATIVE PROVISIONS

2 The Bureau of Land Management may carry out the 

3 operations funded under this Act by direct expenditure, 

4 contracts, grants, cooperative agreements and reimburs5 able agreements with public and private entities, including 

6 with States. Appropriations for the Bureau shall be avail7 able for purchase, erection, and dismantlement of tem8 porary structures, and alteration and maintenance of nec9 essary buildings and appurtenant facilities to which the 

10 United States has title; up to $100,000 for payments, at 

11 the discretion of the Secretary, for information or evidence 

12 concerning violations of laws administered by the Bureau; 

13 miscellaneous and emergency expenses of enforcement ac14 tivities authorized or approved by the Secretary and to be 

15 accounted for solely on the Secretary’s certificate, not to 

16 exceed $10,000: Provided, That notwithstanding Public 

17 Law 90–620 (44 U.S.C. 501), the Bureau may, under co18 operative cost-sharing and partnership arrangements au19 thorized by law, procure printing services from cooperators 

20 in connection with jointly produced publications for which 

21 the cooperators share the cost of printing either in cash 

22 or in services, and the Bureau determines the cooperator 

23 is capable of meeting accepted quality standards: Provided 

24 further, That projects to be funded pursuant to a written 

25 commitment by a State government to provide an identimstockstill on DSK4VPTVN1PROD with BILLS

510 

•HR 3671 IH

1 fied amount of money in support of the project may be 

2 carried out by the Bureau on a reimbursable basis. Appro3 priations herein made shall not be available for the de4 struction of healthy, unadopted, wild horses and burros 

5 in the care of the Bureau or its contractors or for the 

6 sale of wild horses and burros that results in their destruc7 tion for processing into commercial products. 

8 UNITED STATES FISH AND WILDLIFE SERVICE

9 RESOURCE MANAGEMENT

10 For necessary expenses of the United States Fish and 

11 Wildlife Service, as authorized by law, and for scientific 

12 and economic studies, general administration, and for the 

13 performance of other authorized functions related to such 

14 resources, $1,228,142,000, to remain available until Sep15 tember 30, 2013 except as otherwise provided herein: Pro16 vided, That not to exceed $20,902,000 shall be used for 

17 implementing subsections (a), (b), (c), and (e) of section 

18 4 of the Endangered Species Act, as amended, (except for 

19 processing petitions, developing and issuing proposed and 

20 final regulations, and taking any other steps to implement 

21 actions described in subsection (c)(2)(A), (c)(2)(B)(i), or 

22 (c)(2)(B)(ii)), of which not to exceed $7,472,000 shall be 

23 used for any activity regarding the designation of critical 

24 habitat, pursuant to subsection (a)(3), excluding litigation 

25 support, for species listed pursuant to subsection (a)(1) 

mstockstill on DSK4VPTVN1PROD with BILLS

511 

•HR 3671 IH

1 prior to October 1, 2010; of which not to exceed 

2 $1,500,000 shall be used for any activity regarding peti3 tions to list species that are indigenous to the United 

4 States pursuant to subsections (b)(3)(A) and (b)(3)(B); 

5 and, of which not to exceed $1,500,000 shall be used for 

6 implementing subsections (a), (b), (c), and (e) of section 

7 4 of the Endangered Species Act, as amended, for species 

8 that are not indigenous to the United States: Provided fur9 ther, That, in fiscal year 2012 and hereafter of the amount 

10 available for law enforcement, up to $400,000, to remain 

11 available until expended, may at the discretion of the Sec12 retary be used for payment for information, rewards, or 

13 evidence concerning violations of laws administered by the 

14 Service, and miscellaneous and emergency expenses of en15 forcement activity, authorized or approved by the Sec16 retary and to be accounted for solely on the Secretary’s 

17 certificate: Provided further, That in fiscal year 2012 and 

18 hereafter, of the amount provided for environmental con19 taminants, up to $1,000,000 may remain available until 

20 expended for contaminant sample analyses. 

21 CONSTRUCTION

22 For construction, improvement, acquisition, or re23 moval of buildings and other facilities required in the con24 servation, management, investigation, protection, and uti25 lization of fish and wildlife resources, and the acquisition 

mstockstill on DSK4VPTVN1PROD with BILLS

512 

•HR 3671 IH

1 of lands and interests therein; $23,088,000, to remain 

2 available until expended. 

3 LAND ACQUISITION

4 For expenses necessary to carry out the Land and 

5 Water Conservation Fund Act of 1965, as amended (16 

6 U.S.C. 460l–4 through 11), including administrative ex7 penses, and for acquisition of land or waters, or interest 

8 therein, in accordance with statutory authority applicable 

9 to the United States Fish and Wildlife Service, 

10 $54,720,000, to be derived from the Land and Water Con11 servation Fund and to remain available until expended, 

12 of which, notwithstanding 16 U.S.C. 460l–9, not more 

13 than $5,000,000 shall be for land conservation partner14 ships authorized by the Highlands Conservation Act of 

15 2004, including not to exceed $160,000 for administrative 

16 expenses: Provided, That none of the funds appropriated 

17 for specific land acquisition projects may be used to pay 

18 for any administrative overhead, planning or other man19 agement costs. 

20 COOPERATIVE ENDANGERED SPECIES CONSERVATION

21 FUND

22 For expenses necessary to carry out section 6 of the 

23 Endangered Species Act of 1973, as amended (16 U.S.C. 

24 1531 et seq.), $47,757,000, to remain available until ex25 pended, of which $22,757,000 is to be derived from the 

mstockstill on DSK4VPTVN1PROD with BILLS

513 

•HR 3671 IH

1 Cooperative Endangered Species Conservation Fund; and 

2 of which $25,000,000 is to be derived from the Land and 

3 Water Conservation Fund. 

4 NATIONAL WILDLIFE REFUGE FUND

5 For expenses necessary to implement the Act of Octo6 ber 17, 1978 (16 U.S.C. 715s), $13,980,000. 

7 NORTH AMERICAN WETLANDS CONSERVATION FUND

8 For expenses necessary to carry out the provisions 

9 of the North American Wetlands Conservation Act, as 

10 amended (16 U.S.C. 4401 et seq.), $35,554,000, to re11 main available until expended. 

12 NEOTROPICAL MIGRATORY BIRD CONSERVATION

13 For expenses necessary to carry out the Neotropical 

14 Migratory Bird Conservation Act, as amended, (16 U.S.C. 

15 6101 et seq.), $3,792,000, to remain available until ex16 pended. 

17 MULTINATIONAL SPECIES CONSERVATION FUND

18 For expenses necessary to carry out the African Ele19 phant Conservation Act (16 U.S.C. 4201 et seq.), the 

20 Asian Elephant Conservation Act of 1997 (16 U.S.C. 

21 4261 et seq.), the Rhinoceros and Tiger Conservation Act 

22 of 1994 (16 U.S.C. 5301 et seq.), the Great Ape Con23 servation Act of 2000 (16 U.S.C. 6301 et seq.), and the 

24 Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 

25 et seq.), $9,481,000, to remain available until expended. 

mstockstill on DSK4VPTVN1PROD with BILLS

514 

•HR 3671 IH

1 STATE AND TRIBAL WILDLIFE GRANTS

2 For wildlife conservation grants to States and to the 

3 District of Columbia, Puerto Rico, Guam, the United 

4 States Virgin Islands, the Northern Mariana Islands, 

5 American Samoa, and Indian tribes under the provisions 

6 of the Fish and Wildlife Act of 1956 and the Fish and 

7 Wildlife Coordination Act, for the development and imple8 mentation of programs for the benefit of wildlife and their 

9 habitat, including species that are not hunted or fished, 

10 $61,421,000, to remain available until expended: Pro11 vided, That of the amount provided herein, $4,275,000 is 

12 for a competitive grant program for Indian tribes not sub13 ject to the remaining provisions of this appropriation: Pro14 vided further, That $5,741,000 is for a competitive grant 

15 program for States, territories, and other jurisdictions 

16 with approved plans, not subject to the remaining provi17 sions of this appropriation: Provided further, That the Sec18 retary shall, after deducting $10,016,000 and administra19 tive expenses, apportion the amount provided herein in the 

20 following manner: (1) to the District of Columbia and to 

21 the Commonwealth of Puerto Rico, each a sum equal to 

22 not more than one-half of 1 percent thereof; and (2) to 

23 Guam, American Samoa, the United States Virgin Is24 lands, and the Commonwealth of the Northern Mariana 

25 Islands, each a sum equal to not more than one-fourth 

mstockstill on DSK4VPTVN1PROD with BILLS

515 

•HR 3671 IH

1 of 1 percent thereof: Provided further, That the Secretary 

2 shall apportion the remaining amount in the following 

3 manner: (1) one-third of which is based on the ratio to 

4 which the land area of such State bears to the total land 

5 area of all such States; and (2) two-thirds of which is 

6 based on the ratio to which the population of such State 

7 bears to the total population of all such States: Provided 

8 further, That the amounts apportioned under this para9 graph shall be adjusted equitably so that no State shall 

10 be apportioned a sum which is less than 1 percent of the 

11 amount available for apportionment under this paragraph 

12 for any fiscal year or more than 5 percent of such amount: 

13 Provided further, That the Federal share of planning 

14 grants shall not exceed 75 percent of the total costs of 

15 such projects and the Federal share of implementation 

16 grants shall not exceed 65 percent of the total costs of 

17 such projects: Provided further, That the non-Federal 

18 share of such projects may not be derived from Federal 

19 grant programs: Provided further, That any amount ap20 portioned in 2012 to any State, territory, or other jurisdic21 tion that remains unobligated as of September 30, 2013, 

22 shall be reapportioned, together with funds appropriated 

23 in 2014, in the manner provided herein. 

mstockstill on DSK4VPTVN1PROD with BILLS

516 

•HR 3671 IH

1 ADMINISTRATIVE PROVISIONS

2 The United States Fish and Wildlife Service may 

3 carry out the operations of Service programs by direct ex4 penditure, contracts, grants, cooperative agreements and 

5 reimbursable agreements with public and private entities. 

6 Appropriations and funds available to the United States 

7 Fish and Wildlife Service shall be available for repair of 

8 damage to public roads within and adjacent to reservation 

9 areas caused by operations of the Service; options for the 

10 purchase of land at not to exceed $1 for each option; facili11 ties incident to such public recreational uses on conserva12 tion areas as are consistent with their primary purpose; 

13 and the maintenance and improvement of aquaria, build14 ings, and other facilities under the jurisdiction of the Serv15 ice and to which the United States has title, and which 

16 are used pursuant to law in connection with management, 

17 and investigation of fish and wildlife resources: Provided, 

18 That notwithstanding 44 U.S.C. 501, the Service may, 

19 under cooperative cost sharing and partnership arrange20 ments authorized by law, procure printing services from 

21 cooperators in connection with jointly produced publica22 tions for which the cooperators share at least one-half the 

23 cost of printing either in cash or services and the Service 

24 determines the cooperator is capable of meeting accepted 

25 quality standards: Provided further, That the Service may 

mstockstill on DSK4VPTVN1PROD with BILLS

517 

•HR 3671 IH

1 accept donated aircraft as replacements for existing air2 craft. 

3 NATIONAL PARK SERVICE

4 OPERATION OF THE NATIONAL PARK SYSTEM

5 For expenses necessary for the management, oper6 ation, and maintenance of areas and facilities adminis7 tered by the National Park Service and for the general 

8 administration of the National Park Service, 

9 $2,240,152,000, of which $9,832,000 for planning and 

10 interagency coordination in support of Everglades restora11 tion and $97,883,000 for maintenance, repair, or rehabili12 tation projects for constructed assets, operation of the Na13 tional Park Service automated facility management soft14 ware system, and comprehensive facility condition assess15 ments shall remain available until September 30, 2013. 

16 NATIONAL RECREATION AND PRESERVATION

17 For expenses necessary to carry out recreation pro18 grams, natural programs, cultural programs, heritage 

19 partnership programs, environmental compliance and re20 view, international park affairs, and grant administration, 

21 not otherwise provided for, $59,975,000: Provided, That 

22 section 502(c) of the Chesapeake Bay Initiative Act of 

23 1998 (16 U.S.C. 461 note; Public Law 105–312) is 

24 amended by striking ‘‘2011’’ and inserting ‘‘2013’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

518 

•HR 3671 IH

1 HISTORIC PRESERVATION FUND

2 For expenses necessary in carrying out the National 

3 Historic Preservation Act (16 U.S.C. 470), and the Omni4 bus Parks and Public Lands Management Act of 1996 

5 (Public Law 104–333), $56,000,000, to be derived from 

6 the Historic Preservation Fund and to remain available 

7 until September 30, 2013. 

8 CONSTRUCTION

9 (INCLUDING RESCISSION OF FUNDS)

10 For construction, improvements, repair, or replace11 ment of physical facilities, including modifications author12 ized by section 104 of the Everglades National Park Pro13 tection and Expansion Act of 1989 (16 U.S.C. 410r–8), 

14 $159,621,000, to remain available until expended: Pro15 vided, That notwithstanding any other provision of law, 

16 a single procurement for the project to repair damage to 

17 the Washington Monument may be issued that includes 

18 the full scope of the project, so long as the solicitation 

19 and contract shall contain the clause ‘‘availability of ap20 propriated funds’’ found in CFR section 52.232.18 of title 

21 48. 

22 From funds previously made available under this 

23 heading, $4,000,000 are rescinded. 

mstockstill on DSK4VPTVN1PROD with BILLS

519 

•HR 3671 IH

1 LAND AND WATER CONSERVATION FUND

2 (RESCISSION)

3 The contract authority provided for fiscal year 2012 

4 by 16 U.S.C. 460l–10a is rescinded. 

5 LAND ACQUISITION AND STATE ASSISTANCE

6 For expenses necessary to carry out the Land and 

7 Water Conservation Act of 1965, as amended (16 U.S.C. 

8 460l–4 through 11), including administrative expenses, 

9 and for acquisition of lands or waters, or interest therein, 

10 in accordance with the statutory authority applicable to 

11 the National Park Service, $102,060,000, to be derived 

12 from the Land and Water Conservation Fund and to re13 main available until expended, of which $45,000,000 is for 

14 the State assistance program and of which $9,000,000 

15 shall be for the American Battlefield Protection Program 

16 grants as authorized by section 7301 of the Omnibus Pub17 lic Land Management Act of 2009 (Public Law 111–11). 

18 ADMINISTRATIVE PROVISIONS

19 (INCLUDING TRANSFER OF FUNDS)

20 In addition to other uses set forth in section 407(d) 

21 of Public Law 105–391, franchise fees credited to a sub22 account shall be available for expenditure by the Sec23 retary, without further appropriation, for use at any unit 

24 within the National Park System to extinguish or reduce 

25 liability for Possessory Interest or leasehold surrender inmstockstill on DSK4VPTVN1PROD with BILLS

520 

•HR 3671 IH

1 terest. Such funds may only be used for this purpose to 

2 the extent that the benefitting unit anticipated franchise 

3 fee receipts over the term of the contract at that unit ex4 ceed the amount of funds used to extinguish or reduce 

5 liability. Franchise fees at the benefitting unit shall be 

6 credited to the sub-account of the originating unit over 

7 a period not to exceed the term of a single contract at 

8 the benefitting unit, in the amount of funds so expended 

9 to extinguish or reduce liability. 

10 For the costs of administration of the Land and 

11 Water Conservation Fund grants authorized by section 

12 105(a)(2)(B) of the Gulf of Mexico Energy Security Act 

13 of 2006 (Public Law 109–432), the National Park Service 

14 may retain up to 3 percent of the amounts which are au15 thorized to be disbursed under such section, such retained 

16 amounts to remain available until expended. 

17 National Park Service funds may be transferred to 

18 the Federal Highway Administration (FHWA), Depart19 ment of Transportation, for purposes authorized under 23 

20 U.S.C. 204. Transfers may include a reasonable amount 

21 for FHWA administrative support costs. 

22 UNITED STATES GEOLOGICAL SURVEY

23 SURVEYS, INVESTIGATIONS, AND RESEARCH

24 For expenses necessary for the United States Geo25 logical Survey to perform surveys, investigations, and remstockstill on DSK4VPTVN1PROD with BILLS

521 

•HR 3671 IH

1 search covering topography, geology, hydrology, biology, 

2 and the mineral and water resources of the United States, 

3 its territories and possessions, and other areas as author4 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 

5 to their mineral and water resources; give engineering su6 pervision to power permittees and Federal Energy Regu7 latory Commission licensees; administer the minerals ex8 ploration program (30 U.S.C. 641); conduct inquiries into 

9 the economic conditions affecting mining and materials 

10 processing industries (30 U.S.C. 3, 21a, and 1603; 50 

11 U.S.C. 98g(1)) and related purposes as authorized by law; 

12 and to publish and disseminate data relative to the fore13 going activities; $1,069,744,000, to remain available until 

14 September 30, 2013; of which $51,569,700 shall remain 

15 available until expended for satellite operations; and of 

16 which $7,292,000 shall be available until expended for de17 ferred maintenance and capital improvement projects that 

18 exceed $100,000 in cost: Provided, That none of the funds 

19 provided for the ecosystem research activity shall be used 

20 to conduct new surveys on private property, unless specifi21 cally authorized in writing by the property owner: Pro22 vided further, That no part of this appropriation shall be 

23 used to pay more than one-half the cost of topographic 

24 mapping or water resources data collection and investigamstockstill on DSK4VPTVN1PROD with BILLS

522 

•HR 3671 IH

1 tions carried on in cooperation with States and municipali2 ties. 

3 ADMINISTRATIVE PROVISIONS

4 From within the amount appropriated for activities 

5 of the United States Geological Survey such sums as are 

6 necessary shall be available for reimbursement to the Gen7 eral Services Administration for security guard services; 

8 contracting for the furnishing of topographic maps and 

9 for the making of geophysical or other specialized surveys 

10 when it is administratively determined that such proce11 dures are in the public interest; construction and mainte12 nance of necessary buildings and appurtenant facilities; 

13 acquisition of lands for gauging stations and observation 

14 wells; expenses of the United States National Committee 

15 on Geology; and payment of compensation and expenses 

16 of persons on the rolls of the Survey duly appointed to 

17 represent the United States in the negotiation and admin18 istration of interstate compacts: Provided, That activities 

19 funded by appropriations herein made may be accom20 plished through the use of contracts, grants, or coopera21 tive agreements as defined in section 6302 of title 31, 

22 United States Code: Provided further, That the United 

23 States Geological Survey may enter into contracts or coop24 erative agreements directly with individuals or indirectly 

25 with institutions or nonprofit organizations, without remstockstill on DSK4VPTVN1PROD with BILLS

523 

•HR 3671 IH

1 gard to 41 U.S.C. 5, for the temporary or intermittent 

2 services of students or recent graduates, who shall be con3 sidered employees for the purpose of chapters 57 and 81 

4 of title 5, United States Code, relating to compensation 

5 for travel and work injuries, and chapter 171 of title 28, 

6 United States Code, relating to tort claims, but shall not 

7 be considered to be Federal employees for any other pur8 poses. 

9 BUREAU OF OCEAN ENERGY MANAGEMENT

10 OCEAN ENERGY MANAGEMENT

11 For expenses necessary for granting leases, ease12 ments, rights-of-way and agreements for use for oil and 

13 gas, other minerals, energy, and marine-related purposes 

14 on the Outer Continental Shelf and approving operations 

15 related thereto, as authorized by law; for environmental 

16 studies, as authorized by law; for implementing other laws 

17 to the extent provided by Presidential or Secretarial dele18 gation; and for matching grants or cooperative agree19 ments, $59,792,000, to remain available until September 

20 30, 2013; and an amount not to exceed $101,082,000, to 

21 be credited to this appropriation and to remain available 

22 until expended, from additions to receipts resulting from 

23 increases to rates in effect on August 5, 1993, that are 

24 collected and disbursed by the Secretary, and from cost 

25 recovery fees from activities conducted by the Bureau of 

mstockstill on DSK4VPTVN1PROD with BILLS

524 

•HR 3671 IH

1 Ocean Energy Management pursuant to the Outer Conti2 nental Shelf Lands Act, including studies, assessments, 

3 analysis, and miscellaneous administrative activities: Pro4 vided, That notwithstanding 31 U.S.C. 3302, in fiscal year 

5 2012, such amounts as are assessed under 31 U.S.C. 9701 

6 shall be collected and credited to this account and shall 

7 be available until expended for necessary expenses: Pro8 vided further, That to the extent $101,082,000 in addition 

9 to receipts are not realized from the sources of receipts 

10 stated above, the amount needed to reach $101,082,000 

11 shall be credited to this appropriation from receipts result12 ing from rental rates for Outer Continental Shelf leases 

13 in effect before August 5, 1993: Provided further, That 

14 for fiscal year 2012 and each fiscal year thereafter, the 

15 term ‘‘qualified Outer Continental Shelf revenues’’, as de16 fined in section 102(9)(A) of the Gulf of Mexico Energy 

17 Security Act, division C of Public Law 109–432, shall in18 clude only the portion or rental revenues that would have 

19 been collected by the Secretary at the rental rates in effect 

20 before August 5, 1993: Provided further, That not to ex21 ceed $3,000 shall be available for reasonable expenses re22 lated to promoting volunteer beach and marine cleanup 

23 activities. 

mstockstill on DSK4VPTVN1PROD with BILLS

525 

•HR 3671 IH

1 BUREAU OF SAFETY AND ENVIRONMENTAL

2 ENFORCEMENT

3 OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT

4 For expenses necessary for the regulation of oper5 ations related to leases, easements, rights-of-way and 

6 agreements for use for oil and gas, other minerals, energy, 

7 and marine-related purposes on the Outer Continental 

8 Shelf, as authorized by law; for enforcing and imple9 menting laws and regulations as authorized by law and 

10 to the extent provided by Presidential or Secretarial dele11 gation; and for matching grants or cooperative agree12 ments, $61,473,000, to remain available until September 

13 30, 2013; and an amount not to exceed $59,081,000 to 

14 be credited to this appropriation and to remain available 

15 until expended, from additions to receipts resulting from 

16 increases to rates in effect on August 5, 1993, that are 

17 collected and disbursed by the Secretary, from cost recov18 ery fees from activities conducted by the Bureau of Safety 

19 and Environmental Enforcement pursuant to the Outer 

20 Continental Shelf Lands Act, including studies, assess21 ments, analysis, and miscellaneous administrative activi22 ties: Provided, That notwithstanding 31 U.S.C. 3302, in 

23 fiscal year 2012, such amounts as are assessed under 31 

24 U.S.C. 9701 shall be collected and credited to this account 

25 and shall be available until expended for necessary exmstockstill on DSK4VPTVN1PROD with BILLS

526 

•HR 3671 IH

1 penses: Provided further, That to the extent $59,081,000 

2 in addition to receipts are not realized from the sources 

3 of receipts stated above, the amount needed to reach 

4 $59,081,000 shall be credited to this appropriation from 

5 receipts resulting from rental rates for Outer Continental 

6 Shelf leases in effect before August 5, 1993: Provided fur7 ther, That for fiscal year 2012 and each fiscal year there8 after, the term ‘‘qualified Outer Continental Shelf reve9 nues’’, as defined in section 102(9)(A) of the Gulf of Mex10 ico Energy Security Act, division C of Public Law 109– 

11 432, shall include only the portion of rental revenues that 

12 would have been collected by the Secretary at the rental 

13 rates in effect before August 5, 1993. 

14 For an additional amount, $62,000,000, to remain 

15 available until expended, which shall be derived from non16 refundable inspection fees collected in fiscal year 2012, as 

17 provided in this Act: Provided, That to the extent that 

18 such amounts are not realized from such fees, the amount 

19 needed to reach $62,000,000 shall be credited to this ap20 propriation from receipts resulting from rental rates for 

21 Outer Continental Shelf leases in effect before August 5, 

22 1993: Provided further, That to the extent that amounts 

23 realized from such fees exceed $62,000,000, the amounts 

24 realized in excess of $62,000,000 shall be credited to this 

25 appropriation and remain available until expended: Promstockstill on DSK4VPTVN1PROD with BILLS

527 

•HR 3671 IH

1 vided further, That for fiscal year 2012, not less than 50 

2 percent of the inspection fees collected by the Bureau of 

3 Safety and Environmental Enforcement will be used to 

4 fund personnel and mission-related costs to expand capac5 ity and expedite the orderly development, subject to envi6 ronmental safeguards, of the Outer Continental Shelf pur7 suant to the Outer Continental Shelf Lands Act (43 

8 U.S.C. 1331 et seq.), including the review of applications 

9 for permits to drill. 

10 OIL SPILL RESEARCH

11 For necessary expenses to carry out title I, section 

12 1016, title IV, sections 4202 and 4303, title VII, and title 

13 VIII, section 8201 of the Oil Pollution Act of 1990, 

14 $14,923,000, which shall be derived from the Oil Spill Li15 ability Trust Fund, to remain available until expended. 

16 OFFICE OF SURFACE MINING RECLAMATION AND

17 ENFORCEMENT

18 REGULATION AND TECHNOLOGY

19 For necessary expenses to carry out the provisions 

20 of the Surface Mining Control and Reclamation Act of 

21 1977, Public Law 95–87, as amended, $122,950,000, to 

22 remain available until September 30, 2013: Provided, 

23 That appropriations for the Office of Surface Mining Rec24 lamation and Enforcement may provide for the travel and 

25 per diem expenses of State and tribal personnel attending 

mstockstill on DSK4VPTVN1PROD with BILLS

528 

•HR 3671 IH

1 Office of Surface Mining Reclamation and Enforcement 

2 sponsored training: Provided further, That, in fiscal year 

3 2012, up to $40,000 collected by the Office of Surface 

4 Mining from permit fees pursuant to section 507 of Public 

5 Law 95–87 (30 U.S.C. 1257) shall be credited to this ac6 count as discretionary offsetting collections, to remain 

7 available until expended: Provided further, That the sum 

8 herein appropriated shall be reduced as collections are re9 ceived during the fiscal year so as to result in a final fiscal 

10 year 2012 appropriation estimated at not more than 

11 $122,910,000: Provided further, That, in subsequent fiscal 

12 years, all amounts collected by the Office of Surface Min13 ing from permit fees pursuant to section 507 of Public 

14 Law 95–87 (30 U.S.C. 1257) shall be credited to this ac15 count as discretionary offsetting collections, to remain 

16 available until expended. 

17 ABANDONED MINE RECLAMATION FUND

18 For necessary expenses to carry out title IV of the 

19 Surface Mining Control and Reclamation Act of 1977, 

20 Public Law 95–87, as amended, $27,443,000, to be de21 rived from receipts of the Abandoned Mine Reclamation 

22 Fund and to remain available until expended: Provided, 

23 That pursuant to Public Law 97–365, the Department of 

24 the Interior is authorized to use up to 20 percent from 

25 the recovery of the delinquent debt owed to the United 

mstockstill on DSK4VPTVN1PROD with BILLS

529 

•HR 3671 IH

1 States Government to pay for contracts to collect these 

2 debts: Provided further, That funds made available under 

3 title IV of Public Law 95–87 may be used for any required 

4 non-Federal share of the cost of projects funded by the 

5 Federal Government for the purpose of environmental res6 toration related to treatment or abatement of acid mine 

7 drainage from abandoned mines: Provided further, That 

8 such projects must be consistent with the purposes and 

9 priorities of the Surface Mining Control and Reclamation 

10 Act: Provided further, That amounts provided under this 

11 heading may be used for the travel and per diem expenses 

12 of State and tribal personnel attending Office of Surface 

13 Mining Reclamation and Enforcement sponsored training. 

14 ADMINISTRATIVE PROVISION

15 With funds available for the Technical Innovation 

16 and Professional Services program in this Act, the Sec17 retary may transfer title for computer hardware, software 

18 and other technical equipment to State and tribal regu19 latory and reclamation programs. 

20 BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN

21 EDUCATION

22 OPERATION OF INDIAN PROGRAMS

23 (INCLUDING TRANSFER OF FUNDS)

24 For expenses necessary for the operation of Indian 

25 programs, as authorized by law, including the Snyder Act 

mstockstill on DSK4VPTVN1PROD with BILLS

530 

•HR 3671 IH

1 of November 2, 1921 (25 U.S.C. 13), the Indian Self-De2 termination and Education Assistance Act of 1975 (25 

3 U.S.C. 450 et seq.), as amended, the Education Amend4 ments of 1978 (25 U.S.C. 2001–2019), and the Tribally 

5 Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), 

6 as amended, $2,371,532,000, to remain available until 

7 September 30, 2013 except as otherwise provided herein; 

8 of which not to exceed $8,500 may be for official reception 

9 and representation expenses; of which not to exceed 

10 $74,911,000 shall be for welfare assistance payments: 

11 Provided, That in cases of designated Federal disasters, 

12 the Secretary may exceed such cap, from the amounts pro13 vided herein, to provide for disaster relief to Indian com14 munities affected by the disaster; of which, notwith15 standing any other provision of law, including but not lim16 ited to the Indian Self-Determination Act of 1975, as 

17 amended, not to exceed $219,560,000 shall be available 

18 for payments for contract support costs associated with 

19 ongoing contracts, grants, compacts, or annual funding 

20 agreements entered into with the Bureau prior to or dur21 ing fiscal year 2012, as authorized by such Act, except 

22 that tribes and tribal organizations may use their tribal 

23 priority allocations for unmet contract support costs of on24 going contracts, grants, or compacts, or annual funding 

25 agreements and for unmet welfare assistance costs; of 

mstockstill on DSK4VPTVN1PROD with BILLS

531 

•HR 3671 IH

1 which not to exceed $590,484,000 for school operations 

2 costs of Bureau-funded schools and other education pro3 grams shall become available on July 1, 2012, and shall 

4 remain available until September 30, 2013; and of which 

5 not to exceed $48,049,000 shall remain available until ex6 pended for housing improvement, road maintenance, at7 torney fees, litigation support, the Indian Self-Determina8 tion Fund, land records improvement, and the Navajo9 Hopi Settlement Program: Provided further, That notwith10 standing any other provision of law, including but not lim11 ited to the Indian Self-Determination Act of 1975, as 

12 amended, and 25 U.S.C. 2008, not to exceed $46,327,000 

13 within and only from such amounts made available for 

14 school operations shall be available for administrative cost 

15 grants associated with ongoing grants entered into with 

16 the Bureau prior to or during fiscal year 2011 for the 

17 operation of Bureau-funded schools, and up to $500,000 

18 within and only from such amounts made available for ad19 ministrative cost grants shall be available for the transi20 tional costs of initial administrative cost grants to grant21 ees that assume operation on or after July 1, 2011, of 

22 Bureau-funded schools: Provided further, That any for23 estry funds allocated to a tribe which remain unobligated 

24 as of September 30, 2013, may be transferred during fis25 cal year 2014 to an Indian forest land assistance account 

mstockstill on DSK4VPTVN1PROD with BILLS

532 

•HR 3671 IH

1 established for the benefit of the holder of the funds within 

2 the holder’s trust fund account: Provided further, That 

3 any such unobligated balances not so transferred shall ex4 pire on September 30, 2014: Provided further, That in 

5 order to enhance the safety of Bureau field employees, the 

6 Bureau may use funds to purchase uniforms or other iden7 tifying articles of clothing for personnel. 

8 CONSTRUCTION

9 (INCLUDING TRANSFER OF FUNDS)

10 For construction, repair, improvement, and mainte11 nance of irrigation and power systems, buildings, utilities, 

12 and other facilities, including architectural and engineer13 ing services by contract; acquisition of lands, and interests 

14 in lands; and preparation of lands for farming, and for 

15 construction of the Navajo Indian Irrigation Project pur16 suant to Public Law 87–483, $123,828,000, to remain 

17 available until expended: Provided, That such amounts as 

18 may be available for the construction of the Navajo Indian 

19 Irrigation Project may be transferred to the Bureau of 

20 Reclamation: Provided further, That not to exceed 6 per21 cent of contract authority available to the Bureau of In22 dian Affairs from the Federal Highway Trust Fund may 

23 be used to cover the road program management costs of 

24 the Bureau: Provided further, That any funds provided for 

25 the Safety of Dams program pursuant to 25 U.S.C. 13 

mstockstill on DSK4VPTVN1PROD with BILLS

533 

•HR 3671 IH

1 shall be made available on a nonreimbursable basis: Pro2 vided further, That for fiscal year 2012, in implementing 

3 new construction or facilities improvement and repair 

4 project grants in excess of $100,000 that are provided to 

5 grant schools under Public Law 100–297, as amended, the 

6 Secretary of the Interior shall use the Administrative and 

7 Audit Requirements and Cost Principles for Assistance 

8 Programs contained in 43 CFR part 12 as the regulatory 

9 requirements: Provided further, That such grants shall not 

10 be subject to section 12.61 of 43 CFR; the Secretary and 

11 the grantee shall negotiate and determine a schedule of 

12 payments for the work to be performed: Provided further, 

13 That in considering grant applications, the Secretary shall 

14 consider whether such grantee would be deficient in assur15 ing that the construction projects conform to applicable 

16 building standards and codes and Federal, tribal, or State 

17 health and safety standards as required by 25 U.S.C. 

18 2005(b), with respect to organizational and financial man19 agement capabilities: Provided further, That if the Sec20 retary declines a grant application, the Secretary shall fol21 low the requirements contained in 25 U.S.C. 2504(f): Pro22 vided further, That any disputes between the Secretary 

23 and any grantee concerning a grant shall be subject to 

24 the disputes provision in 25 U.S.C. 2507(e): Provided fur25 ther, That in order to ensure timely completion of conmstockstill on DSK4VPTVN1PROD with BILLS

534 

•HR 3671 IH

1 struction projects, the Secretary may assume control of 

2 a project and all funds related to the project, if, within 

3 18 months of the date of enactment of this Act, any grant4 ee receiving funds appropriated in this Act or in any prior 

5 Act, has not completed the planning and design phase of 

6 the project and commenced construction: Provided further, 

7 That this appropriation may be reimbursed from the Of8 fice of the Special Trustee for American Indians appro9 priation for the appropriate share of construction costs for 

10 space expansion needed in agency offices to meet trust re11 form implementation. 

12 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

13 MISCELLANEOUS PAYMENTS TO INDIANS

14 For payments and necessary administrative expenses 

15 for implementation of Indian land and water claim settle16 ments pursuant to Public Laws 99–264, 100–580, 101– 

17 618, 108–447, and 111–11, and for implementation of 

18 other land and water rights settlements, $32,855,000, to 

19 remain available until expended. 

20 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

21 For the cost of guaranteed loans and insured loans, 

22 $7,114,000, of which $964,000 is for administrative ex23 penses, as authorized by the Indian Financing Act of 

24 1974, as amended: Provided, That such costs, including 

25 the cost of modifying such loans, shall be as defined in 

mstockstill on DSK4VPTVN1PROD with BILLS

535 

•HR 3671 IH

1 section 502 of the Congressional Budget Act of 1974: Pro2 vided further, That these funds are available to subsidize 

3 total loan principal, any part of which is to be guaranteed 

4 or insured, not to exceed $73,365,796. 

5 ADMINISTRATIVE PROVISIONS

6 The Bureau of Indian Affairs may carry out the oper7 ation of Indian programs by direct expenditure, contracts, 

8 cooperative agreements, compacts, and grants, either di9 rectly or in cooperation with States and other organiza10 tions. 

11 Notwithstanding 25 U.S.C. 15, the Bureau of Indian 

12 Affairs may contract for services in support of the man13 agement, operation, and maintenance of the Power Divi14 sion of the San Carlos Irrigation Project. 

15 Appropriations for the Bureau of Indian Affairs (ex16 cept the Revolving Fund for Loans Liquidating Account, 

17 Indian Loan Guaranty and Insurance Fund Liquidating 

18 Account, Indian Guaranteed Loan Financing Account, In19 dian Direct Loan Financing Account, and the Indian 

20 Guaranteed Loan Program account) shall be available for 

21 expenses of exhibits. 

22 Notwithstanding any other provision of law, no funds 

23 available to the Bureau of Indian Affairs for central office 

24 oversight and Executive Direction and Administrative 

25 Services (except executive direction and administrative 

mstockstill on DSK4VPTVN1PROD with BILLS

536 

•HR 3671 IH

1 services funding for Tribal Priority Allocations, regional 

2 offices, and facilities operations and maintenance) shall be 

3 available for contracts, grants, compacts, or cooperative 

4 agreements with the Bureau of Indian Affairs under the 

5 provisions of the Indian Self-Determination Act or the 

6 Tribal Self-Governance Act of 1994 (Public Law 103– 

7 413). 

8 In the event any tribe returns appropriations made 

9 available by this Act to the Bureau of Indian Affairs, this 

10 action shall not diminish the Federal Government’s trust 

11 responsibility to that tribe, or the government-to-govern12 ment relationship between the United States and that 

13 tribe, or that tribe’s ability to access future appropria14 tions. 

15 Notwithstanding any other provision of law, no funds 

16 available to the Bureau, other than the amounts provided 

17 herein for assistance to public schools under 25 U.S.C. 

18 452 et seq., shall be available to support the operation of 

19 any elementary or secondary school in the State of Alaska. 

20 Appropriations made available in this or any other 

21 Act for schools funded by the Bureau shall be available 

22 only to the schools in the Bureau school system as of Sep23 tember 1, 1996. No funds available to the Bureau shall 

24 be used to support expanded grades for any school or dor25 mitory beyond the grade structure in place or approved 

mstockstill on DSK4VPTVN1PROD with BILLS

537 

•HR 3671 IH

1 by the Secretary of the Interior at each school in the Bu2 reau school system as of October 1, 1995, except that any 

3 school or school program that was closed and removed 

4 from the Bureau school system between 1951 and 1972, 

5 and its respective tribe’s relationship with the Federal 

6 Government was terminated, shall be reinstated to the Bu7 reau system and supported at a level based on its grade 

8 structure and average student enrollment for the 2009– 

9 2010, 2010–2011 and 2011–2012 school years. Funds 

10 made available under this Act may not be used to establish 

11 a charter school at a Bureau-funded school (as that term 

12 is defined in section 1141 of the Education Amendments 

13 of 1978 (25 U.S.C. 2021)), except that a charter school 

14 that is in existence on the date of the enactment of this 

15 Act and that has operated at a Bureau-funded school be16 fore September 1, 1999, may continue to operate during 

17 that period, but only if the charter school pays to the Bu18 reau a pro rata share of funds to reimburse the Bureau 

19 for the use of the real and personal property (including 

20 buses and vans), the funds of the charter school are kept 

21 separate and apart from Bureau funds, and the Bureau 

22 does not assume any obligation for charter school pro23 grams of the State in which the school is located if the 

24 charter school loses such funding. Employees of Bureau25 funded schools sharing a campus with a charter school and 

mstockstill on DSK4VPTVN1PROD with BILLS

538 

•HR 3671 IH

1 performing functions related to the charter school’s oper2 ation and employees of a charter school shall not be treat3 ed as Federal employees for purposes of chapter 171 of 

4 title 28, United States Code. 

5 Notwithstanding any other provision of law, including 

6 section 113 of title I of appendix C of Public Law 106– 

7 113, if in fiscal year 2003 or 2004 a grantee received indi8 rect and administrative costs pursuant to a distribution 

9 formula based on section 5(f) of Public Law 101–301, the 

10 Secretary shall continue to distribute indirect and admin11 istrative cost funds to such grantee using the section 5(f) 

12 distribution formula. 

13 DEPARTMENTAL OFFICES

14 OFFICE OF THE SECRETARY

15 DEPARTMENTAL OPERATIONS

16 For necessary expenses for management of the De17 partment of the Interior, including the collection and dis18 bursement of royalties, fees, and other mineral revenue 

19 proceeds, as authorized by law, $262,317,000, to remain 

20 available until September 30, 2013; of which not to exceed 

21 $15,000 may be for official reception and representation 

22 expenses; and of which up to $1,000,000 shall be available 

23 for workers compensation payments and unemployment 

24 compensation payments associated with the orderly clo25 sure of the United States Bureau of Mines; and of which 

mstockstill on DSK4VPTVN1PROD with BILLS

539 

•HR 3671 IH

1 $12,712,000 for the Office of Valuation Services is to be 

2 derived from the Land and Water Conservation Fund and 

3 shall remain available until expended; and of which 

4 $38,300,000 shall remain available until expended for the 

5 purpose of mineral revenue management activities: Pro6 vided, That, for fiscal year 2012, up to $400,000 of the 

7 payments authorized by the Act of October 20, 1976, as 

8 amended (31 U.S.C. 6901–6907) may be retained for ad9 ministrative expenses of the Payments in Lieu of Taxes 

10 Program: Provided further, That no payment shall be 

11 made pursuant to that Act to otherwise eligible units of 

12 local government if the computed amount of the payment 

13 is less than $100: Provided further, That notwithstanding 

14 any other provision of law, $15,000 under this heading 

15 shall be available for refunds of overpayments in connec16 tion with certain Indian leases in which the Secretary con17 curred with the claimed refund due, to pay amounts owed 

18 to Indian allottees or tribes, or to correct prior unrecover19 able erroneous payments: Provided further, That, notwith20 standing the provisions of section 35(b) of the Mineral 

21 Leasing Act, as amended (30 U.S.C. 191(b)), the Sec22 retary shall deduct 2 percent from the amount payable to 

23 each State in fiscal year 2012 and deposit the amount de24 ducted to miscellaneous receipts of the Treasury. 

mstockstill on DSK4VPTVN1PROD with BILLS

540 

•HR 3671 IH

1 INSULAR AFFAIRS

2 ASSISTANCE TO TERRITORIES

3 For expenses necessary for assistance to territories 

4 under the jurisdiction of the Department of the Interior 

5 and other jurisdictions identified in section 104(e) of Pub6 lic Law 108–188, $87,997,000, of which: (1) $78,517,000 

7 shall remain available until expended for territorial assist8 ance, including general technical assistance, maintenance 

9 assistance, disaster assistance, insular management con10 trols, coral reef initiative activities, and brown tree snake 

11 control and research; grants to the judiciary in American 

12 Samoa for compensation and expenses, as authorized by 

13 law (48 U.S.C. 1661(c)); grants to the Government of 

14 American Samoa, in addition to current local revenues, for 

15 construction and support of governmental functions; 

16 grants to the Government of the Virgin Islands as author17 ized by law; grants to the Government of Guam, as au18 thorized by law; and grants to the Government of the 

19 Northern Mariana Islands as authorized by law (Public 

20 Law 94–241; 90 Stat. 272); and (2) $9,480,000 shall be 

21 available until September 30, 2013 for salaries and ex22 penses of the Office of Insular Affairs: Provided, That all 

23 financial transactions of the territorial and local govern24 ments herein provided for, including such transactions of 

25 all agencies or instrumentalities established or used by 

mstockstill on DSK4VPTVN1PROD with BILLS

541 

•HR 3671 IH

1 such governments, may be audited by the Government Ac2 countability Office, at its discretion, in accordance with 

3 chapter 35 of title 31, United States Code: Provided fur4 ther, That Northern Mariana Islands Covenant grant 

5 funding shall be provided according to those terms of the 

6 Agreement of the Special Representatives on Future 

7 United States Financial Assistance for the Northern Mar8 iana Islands approved by Public Law 104–134: Provided 

9 further, That the funds for the program of operations and 

10 maintenance improvement are appropriated to institu11 tionalize routine operations and maintenance improvement 

12 of capital infrastructure with territorial participation and 

13 cost sharing to be determined by the Secretary based on 

14 the grantee’s commitment to timely maintenance of its 

15 capital assets: Provided further, That any appropriation 

16 for disaster assistance under this heading in this Act or 

17 previous appropriations Acts may be used as non-Federal 

18 matching funds for the purpose of hazard mitigation 

19 grants provided pursuant to section 404 of the Robert T. 

20 Stafford Disaster Relief and Emergency Assistance Act 

21 (42 U.S.C. 5170c). 

22 COMPACT OF FREE ASSOCIATION

23 For grants and necessary expenses, $3,318,000, to 

24 remain available until expended, as provided for in sec25 tions 221(a)(2) and 233 of the Compact of Free Associamstockstill on DSK4VPTVN1PROD with BILLS

542 

•HR 3671 IH

1 tion for the Republic of Palau; and section 221(a)(2) of 

2 the Compacts of Free Association for the Government of 

3 the Republic of the Marshall Islands and the Federated 

4 States of Micronesia, as authorized by Public Law 99– 

5 658 and Public Law 108–188. 

6 ADMINISTRATIVE PROVISIONS

7 (INCLUDING TRANSFER OF FUNDS)

8 At the request of the Governor of Guam, the Sec9 retary may transfer discretionary funds or mandatory 

10 funds provided under section 104(e) of Public Law 108– 

11 188 and Public Law 104–134, that are allocated for 

12 Guam, to the Secretary of Agriculture for the subsidy cost 

13 of direct or guaranteed loans, plus not to exceed three per14 cent of the amount of the subsidy transferred for the cost 

15 of loan administration, for the purposes authorized by the 

16 Rural Electrification Act of 1936 and section 306(a)(1) 

17 of the Consolidated Farm and Rural Development Act for 

18 construction and repair projects in Guam, and such funds 

19 shall remain available until expended: Provided, That such 

20 costs, including the cost of modifying such loans, shall be 

21 as defined in section 502 of the Congressional Budget Act 

22 of 1974: Provided further, That such loans or loan guaran23 tees may be made without regard to the population of the 

24 area, credit elsewhere requirements, and restrictions on 

25 the types of eligible entities under the Rural Electrificamstockstill on DSK4VPTVN1PROD with BILLS

543 

•HR 3671 IH

1 tion Act of 1936 and section 306(a)(1) of the Consolidated 

2 Farm and Rural Development Act: Provided further, That 

3 any funds transferred to the Secretary of Agriculture shall 

4 be in addition to funds otherwise made available to make 

5 or guarantee loans under such authorities. 

6 OFFICE OF THE SOLICITOR

7 SALARIES AND EXPENSES

8 For necessary expenses of the Office of the Solicitor, 

9 $66,296,000. 

10 OFFICE OF INSPECTOR GENERAL

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of Inspector 

13 General, $49,471,000. 

14 OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN

15 INDIANS

16 FEDERAL TRUST PROGRAMS

17 (INCLUDING TRANSFER OF FUNDS)

18 For the operation of trust programs for Indians by 

19 direct expenditure, contracts, cooperative agreements, 

20 compacts, and grants, $152,319,000, to remain available 

21 until expended, of which not to exceed $31,171,000 from 

22 this or any other Act, shall be available for historical ac23 counting: Provided, That funds for trust management im24 provements and litigation support may, as needed, be 

25 transferred to or merged with the Bureau of Indian Afmstockstill on DSK4VPTVN1PROD with BILLS

544 

•HR 3671 IH

1 fairs, ‘‘Operation of Indian Programs’’ account; the Office 

2 of the Solicitor, ‘‘Salaries and Expenses’’ account; and the 

3 Office of the Secretary, ‘‘Salaries and Expenses’’ account: 

4 Provided further, That funds made available through con5 tracts or grants obligated during fiscal year 2012, as au6 thorized by the Indian Self-Determination Act of 1975 (25 

7 U.S.C. 450 et seq.), shall remain available until expended 

8 by the contractor or grantee: Provided further, That, not9 withstanding any other provision of law, the statute of lim10 itations shall not commence to run on any claim, including 

11 any claim in litigation pending on the date of the enact12 ment of this Act, concerning losses to or mismanagement 

13 of trust funds, until the affected tribe or individual Indian 

14 has been furnished with an accounting of such funds from 

15 which the beneficiary can determine whether there has 

16 been a loss: Provided further, That, notwithstanding any 

17 other provision of law, the Secretary shall not be required 

18 to provide a quarterly statement of performance for any 

19 Indian trust account that has not had activity for at least 

20 18 months and has a balance of $15 or less: Provided fur21 ther, That the Secretary shall issue an annual account 

22 statement and maintain a record of any such accounts and 

23 shall permit the balance in each such account to be with24 drawn upon the express written request of the account 

25 holder: Provided further, That not to exceed $50,000 is 

mstockstill on DSK4VPTVN1PROD with BILLS

545 

•HR 3671 IH

1 available for the Secretary to make payments to correct 

2 administrative errors of either disbursements from or de3 posits to Individual Indian Money or Tribal accounts after 

4 September 30, 2002: Provided further, That erroneous 

5 payments that are recovered shall be credited to and re6 main available in this account for this purpose. 

7 DEPARTMENT-WIDE PROGRAMS

8 WILDLAND FIRE MANAGEMENT

9 (INCLUDING TRANSFERS AND RESCISSION OF FUNDS)

10 For necessary expenses for fire preparedness, sup11 pression operations, fire science and research, emergency 

12 rehabilitation, hazardous fuels reduction, and rural fire as13 sistance by the Department of the Interior, $566,495,000, 

14 to remain available until expended, of which not to exceed 

15 $6,137,000 shall be for the renovation or construction of 

16 fire facilities: Provided, That such funds are also available 

17 for repayment of advances to other appropriation accounts 

18 from which funds were previously transferred for such 

19 purposes: Provided further, That persons hired pursuant 

20 to 43 U.S.C. 1469 may be furnished subsistence and lodg21 ing without cost from funds available from this appropria22 tion: Provided further, That notwithstanding 42 U.S.C. 

23 1856d, sums received by a bureau or office of the Depart24 ment of the Interior for fire protection rendered pursuant 

25 to 42 U.S.C. 1856 et seq., protection of United States 

mstockstill on DSK4VPTVN1PROD with BILLS

546 

•HR 3671 IH

1 property, may be credited to the appropriation from which 

2 funds were expended to provide that protection, and are 

3 available without fiscal year limitation: Provided further, 

4 That using the amounts designated under this title of this 

5 Act, the Secretary of the Interior may enter into procure6 ment contracts, grants, or cooperative agreements, for 

7 hazardous fuels reduction activities, and for training and 

8 monitoring associated with such hazardous fuels reduction 

9 activities, on Federal land, or on adjacent non-Federal 

10 land for activities that benefit resources on Federal land: 

11 Provided further, That the costs of implementing any co12 operative agreement between the Federal Government and 

13 any non-Federal entity may be shared, as mutually agreed 

14 on by the affected parties: Provided further, That notwith15 standing requirements of the Competition in Contracting 

16 Act, the Secretary, for purposes of hazardous fuels reduc17 tion activities, may obtain maximum practicable competi18 tion among: (1) local private, nonprofit, or cooperative en19 tities; (2) Youth Conservation Corps crews, Public Lands 

20 Corps (Public Law 109–154), or related partnerships with 

21 State, local, or nonprofit youth groups; (3) small or micro22 businesses; or (4) other entities that will hire or train lo23 cally a significant percentage, defined as 50 percent or 

24 more, of the project workforce to complete such contracts: 

25 Provided further, That in implementing this section, the 

mstockstill on DSK4VPTVN1PROD with BILLS

547 

•HR 3671 IH

1 Secretary shall develop written guidance to field units to 

2 ensure accountability and consistent application of the au3 thorities provided herein: Provided further, That funds ap4 propriated under this heading may be used to reimburse 

5 the United States Fish and Wildlife Service and the Na6 tional Marine Fisheries Service for the costs of carrying 

7 out their responsibilities under the Endangered Species 

8 Act of 1973 (16 U.S.C. 1531 et seq.) to consult and con9 ference, as required by section 7 of such Act, in connection 

10 with wildland fire management activities: Provided further, 

11 That the Secretary of the Interior may use wildland fire 

12 appropriations to enter into noncompetitive sole-source 

13 leases of real property with local governments, at or below 

14 fair market value, to construct capitalized improvements 

15 for fire facilities on such leased properties, including but 

16 not limited to fire guard stations, retardant stations, and 

17 other initial attack and fire support facilities, and to make 

18 advance payments for any such lease or for construction 

19 activity associated with the lease: Provided further, That 

20 the Secretary of the Interior and the Secretary of Agri21 culture may authorize the transfer of funds appropriated 

22 for wildland fire management, in an aggregate amount not 

23 to exceed $50,000,000, between the Departments when 

24 such transfers would facilitate and expedite wildland fire 

25 management programs and projects: Provided further, 

mstockstill on DSK4VPTVN1PROD with BILLS

548 

•HR 3671 IH

1 That funds provided for wildfire suppression shall be avail2 able for support of Federal emergency response actions: 

3 Provided further, That funds appropriated under this 

4 heading shall be available for assistance to or through the 

5 Department of State in connection with forest and range6 land research, technical information, and assistance in for7 eign countries, and, with the concurrence of the Secretary 

8 of State, shall be available to support forestry, wildland 

9 fire management, and related natural resource activities 

10 outside the United States and its territories and posses11 sions, including technical assistance, education and train12 ing, and cooperation with United States and international 

13 organizations: Provided further, That before obligating any 

14 of the funds provided herein for wildland fire suppression, 

15 the Secretary of the Interior shall obligate all unobligated 

16 balances previously made available under this heading 

17 that, when appropriated, were designated by Congress as 

18 an emergency requirement pursuant to the Concurrent 

19 Resolution on the Budget or the Balanced Budget and 

20 Emergency Deficit Control Act of 1985 and notify the 

21 Committees on Appropriations of the House of Represent22 atives and the Senate in writing of the imminent need to 

23 begin obligating funds provided herein for wildland fire 

24 suppression: Provided further, That of the funds made 

mstockstill on DSK4VPTVN1PROD with BILLS

549 

•HR 3671 IH

1 available under this heading for wildland fire suppression 

2 in fiscal year 2011, $82,000,000 are rescinded. 

3 FLAME WILDFIRE SUPPRESSION RESERVE FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses for large fire suppression op6 erations of the Department of the Interior and as a re7 serve fund for suppression and Federal emergency re8 sponse activities, $92,000,000, to remain available until 

9 expended: Provided, That such amounts are available only 

10 for transfer to the ‘‘Wildland Fire Management’’ account 

11 and only following a declaration by the Secretary that ei12 ther (1) a wildland fire suppression event meets certain 

13 previously established risk-based written criteria for sig14 nificant complexity, severity, or threat posed by the fire 

15 or (2) funds in the ‘‘Wildland Fire Management’’ account 

16 will be exhausted within 30 days. 

17 CENTRAL HAZARDOUS MATERIALS FUND

18 For necessary expenses of the Department of the In19 terior and any of its component offices and bureaus for 

20 the response action, including associated activities, per21 formed pursuant to the Comprehensive Environmental Re22 sponse, Compensation, and Liability Act, as amended (42 

23 U.S.C. 9601 et seq.), $10,149,000, to remain available 

24 until expended. 

mstockstill on DSK4VPTVN1PROD with BILLS

550 

•HR 3671 IH

1 NATURAL RESOURCE DAMAGE ASSESSMENT AND

2 RESTORATION

3 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

4 To conduct natural resource damage assessment and 

5 restoration activities by the Department of the Interior 

6 necessary to carry out the provisions of the Comprehensive 

7 Environmental Response, Compensation, and Liability 

8 Act, as amended (42 U.S.C. 9601 et seq.), the Federal 

9 Water Pollution Control Act, as amended (33 U.S.C. 1251 

10 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 

11 et seq.), and Public Law 101–337, as amended (16 U.S.C. 

12 19jj et seq.), $6,263,000, to remain available until ex13 pended. 

14 WORKING CAPITAL FUND

15 For the acquisition of a departmental financial and 

16 business management system, information technology im17 provements of general benefit to the Department, 

18 strengthening the Department’s acquisition workforce ca19 pacity and capabilities, and consolidation of facilities and 

20 operations throughout the Department, $62,019,000, to 

21 remain available until expended: Provided, That such 

22 funds shall be available for training, recruitment, reten23 tion, and hiring members of the acquisition workforce as 

24 defined by the Office of Federal Procurement Policy Act 

25 as amended (41 U.S.C. 401 et seq.): Provided further, 

mstockstill on DSK4VPTVN1PROD with BILLS

551 

•HR 3671 IH

1 That none of the funds appropriated in this Act or any 

2 other Act may be used to establish reserves in the Working 

3 Capital Fund account other than for accrued annual leave 

4 and depreciation of equipment without prior approval of 

5 the House of Representatives and Senate Committees on 

6 Appropriations: Provided further, That the Secretary may 

7 assess reasonable charges to State, local and tribal govern8 ment employees for training services provided by the Na9 tional Indian Program Training Center, other than train10 ing related to Public Law 93–638: Provided further, That 

11 the Secretary may lease or otherwise provide space and 

12 related facilities, equipment or professional services of the 

13 National Indian Program Training Center to State, local 

14 and tribal government employees or persons or organiza15 tions engaged in cultural, educational, or recreational ac16 tivities (as defined in section 3306(a) of title 40, United 

17 States Code) at the prevailing rate for similar space, facili18 ties, equipment, or services in the vicinity of the National 

19 Indian Program Training Center: Provided further, That 

20 all funds received pursuant to the two preceding provisos 

21 shall be credited to this account, shall be available until 

22 expended, and shall be used by the Secretary for necessary 

23 expenses of the National Indian Program Training Center. 

mstockstill on DSK4VPTVN1PROD with BILLS

552 

•HR 3671 IH

1 ADMINISTRATIVE PROVISION

2 There is hereby authorized for acquisition from avail3 able resources within the Working Capital Fund, 15 air4 craft, 10 of which shall be for replacement and which may 

5 be obtained by donation, purchase or through available ex6 cess surplus property: Provided, That existing aircraft 

7 being replaced may be sold, with proceeds derived or 

8 trade-in value used to offset the purchase price for the 

9 replacement aircraft. 

10 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

11 (INCLUDING TRANSFERS OF FUNDS)

12 EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU

13 SEC. 101. Appropriations made in this title shall be 

14 available for expenditure or transfer (within each bureau 

15 or office), with the approval of the Secretary, for the emer16 gency reconstruction, replacement, or repair of aircraft, 

17 buildings, utilities, or other facilities or equipment dam18 aged or destroyed by fire, flood, storm, or other unavoid19 able causes: Provided, That no funds shall be made avail20 able under this authority until funds specifically made 

21 available to the Department of the Interior for emer22 gencies shall have been exhausted: Provided further, That 

23 all funds used pursuant to this section must be replenished 

24 by a supplemental appropriation which must be requested 

25 as promptly as possible. 

mstockstill on DSK4VPTVN1PROD with BILLS

553 

•HR 3671 IH

1 EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE

2 SEC. 102. The Secretary may authorize the expendi3 ture or transfer of any no year appropriation in this title, 

4 in addition to the amounts included in the budget pro5 grams of the several agencies, for the suppression or emer6 gency prevention of wildland fires on or threatening lands 

7 under the jurisdiction of the Department of the Interior; 

8 for the emergency rehabilitation of burned-over lands 

9 under its jurisdiction; for emergency actions related to po10 tential or actual earthquakes, floods, volcanoes, storms, or 

11 other unavoidable causes; for contingency planning subse12 quent to actual oil spills; for response and natural resource 

13 damage assessment activities related to actual oil spills or 

14 releases of hazardous substances into the environment; for 

15 the prevention, suppression, and control of actual or po16 tential grasshopper and Mormon cricket outbreaks on 

17 lands under the jurisdiction of the Secretary, pursuant to 

18 the authority in section 417(b) of Public Law 106–224 

19 (7 U.S.C. 7717(b)); for emergency reclamation projects 

20 under section 410 of Public Law 95–87; and shall trans21 fer, from any no year funds available to the Office of Sur22 face Mining Reclamation and Enforcement, such funds as 

23 may be necessary to permit assumption of regulatory au24 thority in the event a primacy State is not carrying out 

25 the regulatory provisions of the Surface Mining Act: Promstockstill on DSK4VPTVN1PROD with BILLS

554 

•HR 3671 IH

1 vided, That appropriations made in this title for wildland 

2 fire operations shall be available for the payment of obliga3 tions incurred during the preceding fiscal year, and for 

4 reimbursement to other Federal agencies for destruction 

5 of vehicles, aircraft, or other equipment in connection with 

6 their use for wildland fire operations, such reimbursement 

7 to be credited to appropriations currently available at the 

8 time of receipt thereof: Provided further, That for wildland 

9 fire operations, no funds shall be made available under 

10 this authority until the Secretary determines that funds 

11 appropriated for ‘‘wildland fire operations’’ and ‘‘FLAME 

12 Wildfire Suppression Reserve Fund’’ shall be exhausted 

13 within 30 days: Provided further, That all funds used pur14 suant to this section must be replenished by a supple15 mental appropriation which must be requested as prompt16 ly as possible: Provided further, That such replenishment 

17 funds shall be used to reimburse, on a pro rata basis, ac18 counts from which emergency funds were transferred. 

19 AUTHORIZED USE OF FUNDS

20 SEC. 103. Appropriations made to the Department 

21 of the Interior in this title shall be available for services 

22 as authorized by section 3109 of title 5, United States 

23 Code, when authorized by the Secretary, in total amount 

24 not to exceed $500,000; purchase and replacement of 

25 motor vehicles, including specially equipped law enforcemstockstill on DSK4VPTVN1PROD with BILLS

555 

•HR 3671 IH

1 ment vehicles; hire, maintenance, and operation of air2 craft; hire of passenger motor vehicles; purchase of re3 prints; payment for telephone service in private residences 

4 in the field, when authorized under regulations approved 

5 by the Secretary; and the payment of dues, when author6 ized by the Secretary, for library membership in societies 

7 or associations which issue publications to members only 

8 or at a price to members lower than to subscribers who 

9 are not members. 

10 AUTHORIZED USE OF FUNDS, INDIAN TRUST

11 MANAGEMENT

12 SEC. 104. Appropriations made in this Act under the 

13 headings Bureau of Indian Affairs and Office of the Spe14 cial Trustee for American Indians and any unobligated 

15 balances from prior appropriations Acts made under the 

16 same headings shall be available for expenditure or trans17 fer for Indian trust management and reform activities. 

18 Total funding for historical accounting activities shall not 

19 exceed amounts specifically designated in this Act for such 

20 purpose. 

21 REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN

22 AFFAIRS

23 SEC. 105. Notwithstanding any other provision of 

24 law, the Secretary of the Interior is authorized to redis25 tribute any Tribal Priority Allocation funds, including 

mstockstill on DSK4VPTVN1PROD with BILLS

556 

•HR 3671 IH

1 tribal base funds, to alleviate tribal funding inequities by 

2 transferring funds to address identified, unmet needs, 

3 dual enrollment, overlapping service areas or inaccurate 

4 distribution methodologies. No tribe shall receive a reduc5 tion in Tribal Priority Allocation funds of more than 10 

6 percent in fiscal year 2012. Under circumstances of dual 

7 enrollment, overlapping service areas or inaccurate dis8 tribution methodologies, the 10 percent limitation does not 

9 apply. 

10 PAYMENT OF FEES

11 SEC. 106. The Secretary of the Interior may use dis12 cretionary funds to pay private attorney fees and costs for 

13 employees and former employees of the Department of the 

14 Interior reasonably incurred in connection with Cobell v. 

15 Salazar to the extent that such fees and costs are not paid 

16 by the Department of Justice or by private insurance. In 

17 no case shall the Secretary make payments under this sec18 tion that would result in payment of hourly fees in excess 

19 of the highest hourly rate approved by the District Court 

20 for the District of Columbia for counsel in Cobell v. Sala21 zar. 

22 EVERGLADES ECOSYSTEM RESTORATION

23 SEC. 107. This and any subsequent fiscal year, the 

24 National Park Service is authorized to implement modi25 fications to the Tamiami Trail as described in, and in acmstockstill on DSK4VPTVN1PROD with BILLS

557 

•HR 3671 IH

1 cordance with, the preferred alternative identified in the 

2 final environmental impact statement noticed in the Fed3 eral Register on December 14, 2010, (75 Fed. Reg. 

4 77896), relating to restoration efforts of the Everglades 

5 ecosystem. 

6 ELLIS, GOVERNORS, AND LIBERTY ISLANDS

7 SEC. 108. Notwithstanding any other provision of 

8 law, the Secretary of the Interior is authorized to acquire 

9 lands, waters, or interests therein including the use of all 

10 or part of any pier, dock, or landing within the State of 

11 New York and the State of New Jersey, for the purpose 

12 of operating and maintaining facilities in the support of 

13 transportation and accommodation of visitors to Ellis, 

14 Governors, and Liberty Islands, and of other program and 

15 administrative activities, by donation or with appropriated 

16 funds, including franchise fees (and other monetary con17 sideration), or by exchange; and the Secretary is author18 ized to negotiate and enter into leases, subleases, conces19 sion contracts or other agreements for the use of such fa20 cilities on such terms and conditions as the Secretary may 

21 determine reasonable. 

22 OUTER CONTINENTAL SHELF INSPECTION FEES

23 SEC. 109. (a) In fiscal year 2012, the Secretary shall 

24 collect a nonrefundable inspection fee, which shall be de25 posited in the ‘‘Ocean Energy Management’’ account, 

mstockstill on DSK4VPTVN1PROD with BILLS

558 

•HR 3671 IH

1 from the designated operator for facilities subject to in2 spection under 43 U.S.C. 1348(c). 

3 (b) Annual fees shall be collected for facilities that 

4 are above the waterline, excluding drilling rigs, and are 

5 in place at the start of the fiscal year. Fees for fiscal year 

6 2012 shall be: 

7 (1) $10,500 for facilities with no wells, but with 

8 processing equipment or gathering lines; 

9 (2) $17,000 for facilities with 1 to 10 wells, 

10 with any combination of active or inactive wells; and 

11 (3) $31,500 for facilities with more than 10 

12 wells, with any combination of active or inactive 

13 wells. 

14 (c) Fees for drilling rigs shall be assessed for all in15 spections completed in fiscal year 2012. Fees for fiscal 

16 year 2012 shall be: 

17 (1) $30,500 per inspection for rigs operating in 

18 water depths of 500 feet or more; and 

19 (2) $16,700 per inspection for rigs operating in 

20 water depths of less than 500 feet. 

21 (d) The Secretary shall bill designated operators 

22 under subsection (b) within 60 days, with payment re23 quired within 30 days of billing. The Secretary shall bill 

24 designated operators under subsection (c) within 30 days 

mstockstill on DSK4VPTVN1PROD with BILLS

559 

•HR 3671 IH

1 of the end of the month in which the inspection occurred, 

2 with payment required within 30 days of billing. 

3 OIL AND GAS LEASING INTERNET PROGRAM

4 SEC. 110. Notwithstanding section 17(b)(1)(A) of the 

5 Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)), the Sec6 retary of the Interior shall have the authority to establish 

7 an oil and gas leasing Internet program, under which the 

8 Secretary may conduct lease sales through methods other 

9 than oral bidding. 

10 INDIAN PROBATE JUDGES

11 SEC. 111. Section 108 of Public Law 109–54 (the 

12 Department of the Interior, Environment, and Related 

13 Agencies Appropriations Act, 2006) is amended by strik14 ing ‘‘in fiscal years 2006 through 2010, for the purpose 

15 of reducing the backlog of’’ and inserting ‘‘for fiscal year 

16 2006 and each fiscal year thereafter, for the purpose of 

17 adjudicating’’. 

18 BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION

19 AND ENFORCEMENT REORGANIZATION

20 SEC. 112. The Secretary of the Interior, in order to 

21 implement a reorganization of the Bureau of Ocean En22 ergy Management, Regulation and Enforcement, may es23 tablish accounts and transfer funds among and between 

24 the offices and bureaus affected by the reorganization only 

mstockstill on DSK4VPTVN1PROD with BILLS

560 

•HR 3671 IH

1 in conformance with the reprogramming guidelines de2 scribed in the report accompanying this Act. 

3 AUTHORIZED USE OF INDIAN EDUCATION FUNDS

4 SEC. 113. Beginning July 1, 2008, any funds (includ5 ing investments and interest earned, except for construc6 tion funds) held by a Public Law 100–297 grant or a Pub7 lic Law 93–638 contract school shall, upon retrocession 

8 to or re-assumption by the Bureau of Indian Education, 

9 remain available to the Bureau of Indian Education for 

10 a period of 5 years from the date of retrocession or re11 assumption for the benefit of the programs approved for 

12 the school on October 1, 1995. 

13 CONTRACTS AND AGREEMENTS FOR WILD HORSE AND

14 BURRO HOLDING FACILITIES

15 SEC. 114. (a) Notwithstanding any other provision 

16 of this Act, the Secretary of the Interior may enter into 

17 multiyear cooperative agreements with nonprofit organiza18 tions and other appropriate entities, and may enter into 

19 multiyear contracts in accordance with the provisions of 

20 section 304B of the Federal Property and Administrative 

21 Services Act of 1949 (41 U.S.C. 254c) (except that the 

22 5-year term restriction in subsection (d) shall not apply), 

23 for the long-term care and maintenance of excess wild free 

24 roaming horses and burros by such organizations or enti25 ties on private land. Such cooperative agreements and conmstockstill on DSK4VPTVN1PROD with BILLS

561 

•HR 3671 IH

1 tracts may not exceed 10 years, subject to renewal at the 

2 discretion of the Secretary. 

3 (b) During fiscal year 2012 and subsequent fiscal 

4 years, in carrying out work involving cooperation with any 

5 State or political subdivision thereof, the Bureau of Land 

6 Management may record obligations against accounts re7 ceivable from any such entities. 

8 BUREAU OF INDIAN EDUCATION OPERATED SCHOOLS

9 SEC. 115. (a)(1) Notwithstanding any other provision 

10 of law or Federal regulation, including section 586(c) of 

11 title 40, United States Code, the Director of the BIE, or 

12 the Director’s designee, is authorized to enter into agree13 ments with public and private persons and entities that 

14 provide for such persons and entities to rent or lease the 

15 land or facilities of a Bureau-operated school for such pe16 riods of time as the school is Bureau operated, in exchange 

17 for a consideration (in the form of funds) that benefits 

18 the school, as determined by the head of the school. 

19 (2) Funds received under paragraph (1) shall be re20 tained by the school and used for school purposes other21 wise authorized by law. Any funds received under para22 graph (1) are hereby made available until expended for 

23 such purposes, notwithstanding section 3302 of title 31, 

24 United States Code. 

mstockstill on DSK4VPTVN1PROD with BILLS

562 

•HR 3671 IH

1 (3) Nothing in this section shall be construed to allow 

2 for the diminishment of, or otherwise affect, the appro3 priation of funds to the budget accounts for the operation 

4 and maintenance of Bureau-operated schools. No funds 

5 shall be withheld from the distribution to the budget of 

6 any Bureau-operated school due to the receipt by the 

7 school of a benefit in accordance with this section. 

8 (b) Notwithstanding any provision of title 5, United 

9 States Code, or any regulation promulgated under such 

10 title, education personnel who are under the direction and 

11 supervision of the Secretary of the Interior may partici12 pate in a fundraising activity for the benefit of a Bureau13 operated school in an official capacity as part of their offi14 cial duties. When participating in such an official capacity, 

15 the employee may use the employee’s official title, position, 

16 and authority. Nothing in this subsection shall be con17 strued to authorize participation in political activity (as 

18 such term is used in section 7324 of title 5, United States 

19 Code) otherwise prohibited by law. 

20 (c) The Secretary of the Interior shall promulgate 

21 regulations to carry out this section not later than 16 

22 months after the date of the enactment of this Act. Such 

23 regulations shall include— 

mstockstill on DSK4VPTVN1PROD with BILLS

563 

•HR 3671 IH

1 (1) standards for the appropriate use of Bu2 reau-operated school lands and facilities by third 

3 parties under a rental or lease agreement; 

4 (2) provisions for the establishment and admin5 istration of mechanisms for the acceptance of con6 sideration for the use and benefit of a school in ac7 cordance with this section (including, in appropriate 

8 cases, the establishment and administration of trust 

9 funds); 

10 (3) accountability standards to ensure ethical 

11 conduct; and 

12 (4) provisions for monitoring the amount and 

13 terms of consideration received, the manner in which 

14 the consideration is used, and any results achieved 

15 by such use. 

16 (d) Provisions of this section shall apply to fiscal 

17 years 2012 through 2014. 

18 AUTHORIZED USE OF FUNDS

19 SEC. 116. Section 3006 of Public Law 111–212 is 

20 amended by striking ‘‘For fiscal years 2010 and 2011’’ 

21 and inserting ‘‘For fiscal years 2010 through 2012’’. 

22 MASS MARKING OF SALMONIDS

23 SEC. 117. The United States Fish and Wildlife Serv24 ice shall, in carrying out its responsibilities to protect 

25 threatened and endangered species of salmon, implement 

mstockstill on DSK4VPTVN1PROD with BILLS

564 

•HR 3671 IH

1 a system of mass marking of salmonid stocks, intended 

2 for harvest, that are released from federally operated or 

3 federally financed hatcheries including but not limited to 

4 fish releases of coho, chinook, and steelhead species. 

5 Marked fish must have a visible mark that can be readily 

6 identified by commercial and recreational fishers. 

7 PROHIBITION ON USE OF FUNDS

8 SEC. 118. (a) Any proposed new use of the Arizona 

9 & California Railroad Company’s Right of Way for convey10 ance of water shall not proceed unless the Secretary of 

11 the Interior certifies that the proposed new use is within 

12 the scope of the Right of Way. 

13 (b) No funds appropriated or otherwise made avail14 able to the Department of the Interior may be used, in 

15 relation to any proposal to store water underground for 

16 the purpose of export, for approval of any right-of-way or 

17 similar authorization on the Mojave National Preserve or 

18 lands managed by the Needles Field Office of the Bureau 

19 of Land Management, or for carrying out any activities 

20 associated with such right-of-way or similar approval. 

21 YUKON-CHARLEY NATIONAL PRESERVE

22 SEC. 119. None of the funds made available by this 

23 Act may be used by the Secretary of the Interior to imple24 ment or enforce regulations concerning boating within 

25 Yukon-Charley National Preserve, including waters submstockstill on DSK4VPTVN1PROD with BILLS

565 

•HR 3671 IH

1 ject to the jurisdiction of the United States, pursuant to 

2 section 3(h) of Public Law 91–383 (16 U.S.C. 1a–2(h)) 

3 or any other authority. This section does not affect the 

4 authority of the Coast Guard to regulate the use of waters 

5 subject to the jurisdiction of the United States within the 

6 Yukon-Charley National Preserve. 

7 REPUBLIC OF PALAU

8 SEC. 120. (a) IN GENERAL.—Subject to subsection 

9 (c), the United States Government, through the Secretary 

10 of the Interior shall provide to the Government of Palau 

11 for fiscal year 2012 grants in amounts equal to the annual 

12 amounts specified in subsections (a), (c), and (d) of sec13 tion 211 of the Compact of Free Association between the 

14 Government of the United States of America and the Gov15 ernment of Palau (48 U.S.C. 1931 note) (referred to in 

16 this section as the ‘‘Compact’’). 

17 (b) PROGRAMMATIC ASSISTANCE.—Subject to sub18 section (c), the United States shall provide programmatic 

19 assistance to the Republic of Palau for fiscal year 2012 

20 in amounts equal to the amounts provided in subsections 

21 (a) and (b)(1) of section 221 of the Compact. 

22 (c) LIMITATIONS ON ASSISTANCE.— 

23 (1) IN GENERAL.—The grants and pro24 grammatic assistance provided under subsections (a) 

25 and (b) shall be provided to the same extent and in 

mstockstill on DSK4VPTVN1PROD with BILLS

566 

•HR 3671 IH

1 the same manner as the grants and assistance were 

2 provided in fiscal year 2009. 

3 (2) TRUST FUND.—If the Government of Palau 

4 withdraws more than $5,000,000 from the trust 

5 fund established under section 211(f) of the Com6 pact, amounts to be provided under subsections (a) 

7 and (b) shall be withheld from the Government of 

8 Palau. 

9 HIRING AUTHORITIES

10 SEC. 121. (a) DIRECT HIRE AUTHORITY.— 

11 (1) During fiscal year 2012 and thereafter, the 

12 Secretary of the Interior may appoint, without re13 gard to the provisions of subchapter I of chapter 33 

14 of title 5, United States Code, other than sections 

15 3303 and 3328 of such title, a qualified candidate 

16 described in paragraph (1) directly to a position with 

17 a land managing agency of the Department of the 

18 Interior for which the candidate meets Office of Per19 sonnel Management qualification standards. 

20 (2) Paragraph (1) applies with respect to a 

21 former resource assistant (as defined in section 203 

22 of the Public Land Corps Act (16 U.S.C. 1722)) 

23 who— 

24 (A) completed a rigorous undergraduate or 

25 graduate summer internship with a land manmstockstill on DSK4VPTVN1PROD with BILLS

567 

•HR 3671 IH

1 aging agency, such as the National Park Serv2 ice Business Plan Internship; 

3 (B) successfully fulfilled the requirements 

4 of the internship program; and 

5 (C) subsequently earned an undergraduate 

6 or graduate degree from an accredited institu7 tion of higher education. 

8 (3) The direct hire authority under this sub9 section may not be exercised with respect to a spe10 cific qualified candidate after the end of the two11 year period beginning on the date on which the can12 didate completed the undergraduate or graduate de13 gree, as the case may be. 

14 (b) LOCAL HIRE AUTHORITY.—Section 1308 of the 

15 Alaska National Interest Lands Conservation Act of 1980 

16 (16 U.S.C. 3198) is amended— 

17 (1) in subsection (a), by striking ‘‘establish a 

18 program’’ and inserting ‘‘establish an excepted serv19 ice appointment authority,’’; 

20 (2) in subsection (b), by striking ‘‘competitive 

21 service as defined in section 2102 of such title for 

22 which such person is eligible under subchapter I of 

23 chapter 33 of such title, in selection to such posi24 tion’’ and inserting ‘‘excepted service as defined in 

25 section 2103 of such title’’; 

mstockstill on DSK4VPTVN1PROD with BILLS

568 

•HR 3671 IH

1 (3) in subsection (e), by redesignating para2 graph (2) as paragraph (3) and inserting after para3 graph (1) the following new paragraph (2): 

4 ‘‘(2) CONVERSION TO COMPETITIVE SERVICE.— 

5 Employees who satisfactorily complete two years of 

6 continuous service in a permanent appointment 

7 made under subsection (a) and who meet satisfac8 tory performance and competitive service qualifica9 tion requirements shall have their appointment con10 verted to competitive service career-conditional or 

11 career employment as appropriate. This paragraph 

12 applies to individuals appointed on or after March 

13 30, 2009. An employee who does not meet competi14 tive service qualification requirements after two 

15 years of continuous service in an appointment made 

16 under subsection (a) shall be converted upon meet17 ing such qualification requirements. Temporary and 

18 time-limited appointments will be made in the ex19 cepted service. There is no provision for conversion 

20 to competitive service when appointments are time21 limited.’’. 

22 (c) GULF OF MEXICO REGION.—For fiscal years 

23 2012 and 2013, funds made available in this title for the 

24 Bureau of Ocean Energy Management and the Bureau of 

25 Safety and Environmental Enforcement may be used by 

mstockstill on DSK4VPTVN1PROD with BILLS

569 

•HR 3671 IH

1 the Secretary of the Interior to establish higher minimum 

2 rates of basic pay for employees of the Department of the 

3 Interior in the Gulf of Mexico Region in the Geophysicist 

4 (GS–1313), Geologist (GS–1350), and Petroleum Engi5 neer (GS–0881) job series at grades 5 through 15 at rates 

6 no greater than 25 percent above the minimum rates of 

7 basic pay normally scheduled, and such higher rates shall 

8 be consistent with the subsections (e) through (h) of sec9 tion 5305 of title 5, United States Code. 

10 BUREAU OF LAND MANAGEMENT ACTIONS REGARDING

11 GRAZING ON PUBLIC LANDS

12 SEC. 122. (a) EXHAUSTION OF ADMINISTRATIVE RE13 VIEW REQUIRED.— 

14 (1) For fiscal years 2012 and 2013 only, a per15 son may bring a civil action challenging a decision 

16 of the Bureau of Land Management concerning 

17 grazing on public lands (as defined in section 103(e) 

18 of the Federal Land Policy and Management Act of 

19 1976 (43 U.S.C. 1702(e))) in a Federal district 

20 court only if the person has exhausted the adminis21 trative hearings and appeals procedures established 

22 by the Department of the Interior, including having 

23 filed a timely appeal and a request for stay. 

24 (2) An issue may be considered in the judicial 

25 review of a decision referred to in paragraph (1) 

mstockstill on DSK4VPTVN1PROD with BILLS

570 

•HR 3671 IH

1 only if the issue was raised in the administrative re2 view process described in such paragraph. 

3 (3) An exception to the requirement of exhaust4 ing the administrative review process before seeking 

5 judicial review shall be available if a Federal court 

6 finds that the agency failed or was unable to make 

7 information timely available during the administra8 tive review process for issues of material fact. For 

9 the purposes of this paragraph, the term ‘‘timely’’ 

10 means within 120 calendar days after the date that 

11 the challenge to the agency action or amendment at 

12 issue is received for administrative review. 

13 (b) ACCEPTANCE OF DONATION OF CERTAIN EXIST14 ING PERMITS OR LEASES.— 

15 (1) During fiscal year 2012 and thereafter, the 

16 Secretary of the Interior shall accept the donation of 

17 any valid existing permits or leases authorizing graz18 ing on public lands within the California Desert 

19 Conservation Area. With respect to each permit or 

20 lease donated under this paragraph, the Secretary 

21 shall terminate the grazing permit or lease, ensure 

22 a permanent end (except as provided in paragraph 

23 (2)), to grazing on the land covered by the permit 

24 or lease, and make the land available for mitigation 

25 by allocating the forage to wildlife use consistent 

mstockstill on DSK4VPTVN1PROD with BILLS

571 

•HR 3671 IH

1 with any applicable Habitat Conservation Plan, sec2 tion 10(a)(1)(B) permit, or section 7 consultation 

3 under the Endangered Species Act of 1973 (16 

4 U.S.C. 1531 et seq.). 

5 (2) If the land covered by a permit or lease do6 nated under paragraph (1) is also covered by an7 other valid existing permit or lease that is not do8 nated under such paragraph, the Secretary of the 

9 Interior shall reduce the authorized grazing level on 

10 the land covered by the permit or lease to reflect the 

11 donation of the permit or lease under paragraph (1). 

12 To ensure that there is a permanent reduction in the 

13 level of grazing on the land covered by a permit or 

14 lease donated under paragraph (1), the Secretary 

15 shall not allow grazing use to exceed the authorized 

16 level under the remaining valid existing permit or 

17 lease that is not donated. 

18 TRAILING LIVESTOCK OVER PUBLIC LAND

19 SEC. 123. During fiscal years 2012 through 2013 

20 only, the Bureau of Land Management may, at its sole 

21 discretion, review planning and implementation decisions 

22 regarding the trailing of livestock across public lands, in23 cluding, but not limited to, issuance of crossing or trailing 

24 authorizations or permits, under the National Environ25 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). Temmstockstill on DSK4VPTVN1PROD with BILLS

572 

•HR 3671 IH

1 porary trailing or crossing authorizations across public 

2 lands shall not be subject to protest and/or appeal under 

3 subpart E of part 4 of title 43, Code of Federal Regula4 tions, and subpart 4160 of part 4100 of such title. 

5 LEASE AUTHORIZATION

6 SEC. 124. (a) IN GENERAL.—The Secretary of the 

7 Interior (referred to in this section as the ‘‘Secretary’’) 

8 may lease to the Savannah Bar Pilots Association, or a 

9 successor organization, no more than 30,000 square feet 

10 of land and improvements within Fort Pulaski National 

11 Monument (referred to in this section as the ‘‘Monu12 ment’’) at the location on Cockspur Island that has been 

13 used continuously by the Savannah Bar Pilots Association 

14 since 1940. 

15 (b) RENTAL FEE AND PROCEEDS.— 

16 (1) RENTAL FEE.—For the lease authorized by 

17 this Act, the Secretary shall require a rental fee 

18 based on fair market value adjusted, as the Sec19 retary deems appropriate, for amounts to be ex20 pended by the lessee for property preservation, 

21 maintenance, or repair and related expenses. 

22 (2) PROCEEDS.—Disposition of the proceeds 

23 from the rental fee required pursuant to paragraph 

24 (1) shall be made in accordance with section 3(k)(5) 

25 of Public Law 91–383 (16 U.S.C. 1a–2(k)(5)). 

mstockstill on DSK4VPTVN1PROD with BILLS

573 

•HR 3671 IH

1 (c) TERMS AND CONDITIONS.—A lease entered into 

2 under this section— 

3 (1) shall be for a term of no more than 10 

4 years and, at the Secretary’s discretion, for succes5 sive terms of no more than 10 years at a time; and 

6 (2) shall include any terms and conditions the 

7 Secretary determines to be necessary to protect the 

8 resources of the Monument and the public interest. 

9 (d) EXEMPTION FROM APPLICABLE LAW.—Except 

10 as provided in section 2(b)(2) of this Act, the lease author11 ized by this Act shall not be subject to section 3(k) of 

12 Public Law 91–383 (16 U.S.C. 1a–2(k)) or section 321 

13 of Act of June 30, 1932 (40 U.S.C. 1302). 

14 WILD LANDS FUNDING PROHIBITION

15 SEC. 125. None of the funds made available in this 

16 Act or any other Act may be used to implement, admin17 ister, or enforce Secretarial Order No. 3310 issued by the 

18 Secretary of the Interior on December 22, 2010: Provided, 

19 That nothing in this section shall restrict the Secretary’s 

20 authorities under sections 201 and 202 of the Federal 

21 Land Policy and Management Act of 1976 (43 U.S.C. 

22 1711 and 1712). 

mstockstill on DSK4VPTVN1PROD with BILLS

574 

•HR 3671 IH

1 TITLE II—ENVIRONMENTAL PROTECTION 

2 AGENCY 

3

4 SCIENCE AND TECHNOLOGY

5 For science and technology, including research and 

6 development activities, which shall include research and 

7 development activities under the Comprehensive Environ8 mental Response, Compensation, and Liability Act of 

9 1980, as amended; necessary expenses for personnel and 

10 related costs and travel expenses; procurement of labora11 tory equipment and supplies; and other operating expenses 

12 in support of research and development, $795,000,000, to 

13 remain available until September 30, 2013. 

14 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

15 For environmental programs and management, in16 cluding necessary expenses, not otherwise provided for, for 

17 personnel and related costs and travel expenses; hire of 

18 passenger motor vehicles; hire, maintenance, and oper19 ation of aircraft; purchase of reprints; library member20 ships in societies or associations which issue publications 

21 to members only or at a price to members lower than to 

22 subscribers who are not members; administrative costs of 

23 the brownfields program under the Small Business Liabil24 ity Relief and Brownfields Revitalization Act of 2002; and 

25 not to exceed $19,000 for official reception and represenmstockstill on DSK4VPTVN1PROD with BILLS

575 

•HR 3671 IH

1 tation expenses, $2,682,514,000, to remain available until 

2 September 30, 2013: Provided, That of the funds included 

3 under this heading, not less than $410,375,000 shall be 

4 for Geographic Programs specified in the explanatory 

5 statement described in section 4 (in the matter preceding 

6 division A of this consolidated Act). 

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector 

9 General in carrying out the provisions of the Inspector 

10 General Act of 1978, as amended, $42,000,000, to remain 

11 available until September 30, 2013. 

12 BUILDINGS AND FACILITIES

13 For construction, repair, improvement, extension, al14 teration, and purchase of fixed equipment or facilities of, 

15 or for use by, the Environmental Protection Agency, 

16 $36,428,000, to remain available until expended. 

17 HAZARDOUS SUBSTANCE SUPERFUND

18 (INCLUDING TRANSFERS OF FUNDS)

19 For necessary expenses to carry out the Comprehen20 sive Environmental Response, Compensation, and Liabil21 ity Act of 1980 (CERCLA), as amended, including sec22 tions 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 

23 9611) $1,215,753,000, to remain available until expended, 

24 consisting of such sums as are available in the Trust Fund 

25 on September 30, 2011, as authorized by section 517(a) 

mstockstill on DSK4VPTVN1PROD with BILLS

576 

•HR 3671 IH

1 of the Superfund Amendments and Reauthorization Act 

2 of 1986 (SARA) and up to $1,215,753,000 as a payment 

3 from general revenues to the Hazardous Substance Super4 fund for purposes as authorized by section 517(b) of 

5 SARA, as amended: Provided, That funds appropriated 

6 under this heading may be allocated to other Federal 

7 agencies in accordance with section 111(a) of CERCLA: 

8 Provided further, That of the funds appropriated under 

9 this heading, $9,955,000 shall be paid to the ‘‘Office of 

10 Inspector General’’ appropriation to remain available until 

11 September 30, 2013, and $23,016,000 shall be paid to the 

12 ‘‘Science and Technology’’ appropriation to remain avail13 able until September 30, 2013. 

14 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

15 PROGRAM

16 For necessary expenses to carry out leaking under17 ground storage tank cleanup activities authorized by sub18 title I of the Solid Waste Disposal Act, as amended, 

19 $104,309,000, to remain available until expended, of 

20 which $73,809,000 shall be for carrying out leaking un21 derground storage tank cleanup activities authorized by 

22 section 9003(h) of the Solid Waste Disposal Act, as 

23 amended; $30,500,000 shall be for carrying out the other 

24 provisions of the Solid Waste Disposal Act specified in sec25 tion 9508(c) of the Internal Revenue Code, as amended: 

mstockstill on DSK4VPTVN1PROD with BILLS

577 

•HR 3671 IH

1 Provided, That the Administrator is authorized to use ap2 propriations made available under this heading to imple3 ment section 9013 of the Solid Waste Disposal Act to pro4 vide financial assistance to federally recognized Indian 

5 tribes for the development and implementation of pro6 grams to manage underground storage tanks. 

7 INLAND OIL SPILL PROGRAMS

8 For expenses necessary to carry out the Environ9 mental Protection Agency’s responsibilities under the Oil 

10 Pollution Act of 1990, $18,274,000, to be derived from 

11 the Oil Spill Liability trust fund, to remain available until 

12 expended. 

13 STATE AND TRIBAL ASSISTANCE GRANTS

14 For environmental programs and infrastructure as15 sistance, including capitalization grants for State revolv16 ing funds and performance partnership grants, 

17 $3,618,727,000, to remain available until expended, of 

18 which $1,468,806,000 shall be for making capitalization 

19 grants for the Clean Water State Revolving Funds under 

20 title VI of the Federal Water Pollution Control Act, as 

21 amended (the ‘‘Act’’); of which $919,363,000 shall be for 

22 making capitalization grants for the Drinking Water State 

23 Revolving Funds under section 1452 of the Safe Drinking 

24 Water Act, as amended: Provided, That for fiscal year 

25 2012, to the extent there are sufficient eligible project apmstockstill on DSK4VPTVN1PROD with BILLS

578 

•HR 3671 IH

1 plications, not less than 10 percent of the funds made 

2 available under this title to each State for Clean Water 

3 State Revolving Fund capitalization grants shall be used 

4 by the State for projects to address green infrastructure, 

5 water or energy efficiency improvements, or other environ6 mentally innovative activities: Provided further, That for 

7 fiscal year 2012, funds made available under this title to 

8 each State for Drinking Water State Revolving Fund cap9 italization grants may, at the discretion of each State, be 

10 used for projects to address green infrastructure, water 

11 or energy efficiency improvements, or other environ12 mentally innovative activities; $5,000,000 shall be for ar13 chitectural, engineering, planning, design, construction 

14 and related activities in connection with the construction 

15 of high priority water and wastewater facilities in the area 

16 of the United States-Mexico Border, after consultation 

17 with the appropriate border commission; $10,000,000 

18 shall be for grants to the State of Alaska to address drink19 ing water and wastewater infrastructure needs of rural 

20 and Alaska Native Villages: Provided further, That, of 

21 these funds: (1) the State of Alaska shall provide a match 

22 of 25 percent; (2) no more than 5 percent of the funds 

23 may be used for administrative and overhead expenses; 

24 and (3) the State of Alaska shall make awards consistent 

25 with the State-wide priority list established in conjunction 

mstockstill on DSK4VPTVN1PROD with BILLS

579 

•HR 3671 IH

1 with the Agency and the U.S. Department of Agriculture 

2 for all water, sewer, waste disposal, and similar projects 

3 carried out by the State of Alaska that are funded under 

4 section 221 of the Federal Water Pollution Control Act 

5 (33 U.S.C. 1301) or the Consolidated Farm and Rural 

6 Development Act (7 U.S.C. 1921 et seq.) which shall allo7 cate not less than 25 percent of the funds provided for 

8 projects in regional hub communities; $95,000,000 shall 

9 be to carry out section 104(k) of the Comprehensive Envi10 ronmental Response, Compensation, and Liability Act of 

11 1980 (CERCLA), as amended, including grants, inter12 agency agreements, and associated program support costs; 

13 $30,000,000 shall be for grants under title VII, subtitle 

14 G of the Energy Policy Act of 2005, as amended; and 

15 $1,090,558,000 shall be for grants, including associated 

16 program support costs, to States, federally recognized 

17 tribes, interstate agencies, tribal consortia, and air pollu18 tion control agencies for multi-media or single media pol19 lution prevention, control and abatement and related ac20 tivities, including activities pursuant to the provisions set 

21 forth under this heading in Public Law 104–134, and for 

22 making grants under section 103 of the Clean Air Act for 

23 particulate matter monitoring and data collection activi24 ties subject to terms and conditions specified by the Ad25 ministrator, of which $49,396,000 shall be for carrying 

mstockstill on DSK4VPTVN1PROD with BILLS

580 

•HR 3671 IH

1 out section 128 of CERCLA, as amended, $9,980,000 

2 shall be for Environmental Information Exchange Net3 work grants, including associated program support costs, 

4 $18,463,000 of the funds available for grants under sec5 tion 106 of the Act shall be for State participation in 

6 national- and State-level statistical surveys of water re7 sources and enhancements to State monitoring programs, 

8 and, in addition to funds appropriated under the heading 

9 ‘‘Leaking Underground Storage Tank Trust Fund Pro10 gram’’ to carry out the provisions of the Solid Waste Dis11 posal Act specified in section 9508(c) of the Internal Rev12 enue Code other than section 9003(h) of the Solid Waste 

13 Disposal Act, as amended, $1,550,000 shall be for grants 

14 to States under section 2007(f)(2) of the Solid Waste Dis15 posal Act, as amended: Provided further, That notwith16 standing section 603(d)(7) of the Federal Water Pollution 

17 Control Act, the limitation on the amounts in a State 

18 water pollution control revolving fund that may be used 

19 by a State to administer the fund shall not apply to 

20 amounts included as principal in loans made by such fund 

21 in fiscal year 2012 and prior years where such amounts 

22 represent costs of administering the fund to the extent 

23 that such amounts are or were deemed reasonable by the 

24 Administrator, accounted for separately from other assets 

25 in the fund, and used for eligible purposes of the fund, 

mstockstill on DSK4VPTVN1PROD with BILLS

581 

•HR 3671 IH

1 including administration: Provided further, That for fiscal 

2 year 2012, and notwithstanding section 518(f) of the Act, 

3 the Administrator is authorized to use the amounts appro4 priated for any fiscal year under section 319 of that Act 

5 to make grants to federally recognized Indian tribes pur6 suant to sections 319(h) and 518(e) of that Act: Provided 

7 further, That for fiscal year 2012, notwithstanding the 

8 limitation on amounts in section 518(c) of the Federal 

9 Water Pollution Control Act and section 1452(i) of the 

10 Safe Drinking Water Act, up to a total of 2 percent of 

11 the funds appropriated for State Revolving Funds under 

12 such Acts may be reserved by the Administrator for grants 

13 under section 518(c) and section 1452(i) of such Acts: 

14 Provided further, That for fiscal year 2012, notwith15 standing the amounts specified in section 205(c) of the 

16 Federal Water Pollution Control Act, up to 1.5 percent 

17 of the aggregate funds appropriated for the Clean Water 

18 State Revolving Fund program under the Act less any 

19 sums reserved under section 518(c) of the Act, may be 

20 reserved by the Administrator for grants made under title 

21 II of the Clean Water Act for American Samoa, Guam, 

22 the Commonwealth of the Northern Marianas, and United 

23 States Virgin Islands: Provided further, That for fiscal 

24 year 2012, notwithstanding the limitations on amounts 

25 specified in section 1452(j) of the Safe Drinking Water 

mstockstill on DSK4VPTVN1PROD with BILLS

582 

•HR 3671 IH

1 Act, up to 1.5 percent of the funds appropriated for the 

2 Drinking Water State Revolving Fund programs under 

3 the Safe Drinking Water Act may be reserved by the Ad4 ministrator for grants made under section 1452(j) of the 

5 Safe Drinking Water Act: Provided further, That not less 

6 than 20 percent but not more than 30 percent of the funds 

7 made available under this title to each State for Clean 

8 Water State Revolving Fund capitalization grants and not 

9 less than 20 percent but not more than 30 percent of the 

10 funds made available under this title to each State for 

11 Drinking Water State Revolving Fund capitalization 

12 grants shall be used by the State to provide additional sub13 sidy to eligible recipients in the form of forgiveness of 

14 principal, negative interest loans, or grants (or any com15 bination of these), and shall be so used by the State only 

16 where such funds are provided as initial financing for an 

17 eligible recipient or to buy, refinance, or restructure the 

18 debt obligations of eligible recipients only where such debt 

19 was incurred on or after the date of enactment of this 

20 Act, except that for the Clean Water State Revolving 

21 Fund capitalization grant appropriation this section shall 

22 only apply to the portion that exceeds $1,000,000,000: 

23 Provided further, That no funds provided by this appro24 priations Act to address the water, wastewater and other 

25 critical infrastructure needs of the colonias in the United 

mstockstill on DSK4VPTVN1PROD with BILLS

583 

•HR 3671 IH

1 States along the United States-Mexico border shall be 

2 made available to a county or municipal government un3 less that government has established an enforceable local 

4 ordinance, or other zoning rule, which prevents in that ju5 risdiction the development or construction of any addi6 tional colonia areas, or the development within an existing 

7 colonia the construction of any new home, business, or 

8 other structure which lacks water, wastewater, or other 

9 necessary infrastructure: Provided further, That for fiscal 

10 year 2012 and hereafter, the Administrator may transfer 

11 funds provided for tribal set-asides through funds appro12 priated for the Clean Water State Revolving Funds and 

13 for the Drinking Water State Revolving Funds between 

14 those accounts in such manner as the Administrator 

15 deems appropriate, but not to exceed the transfer limits 

16 given to States under section 302(a) of Public Law 104– 

17 182. 

18 ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL

19 PROTECTION AGENCY

20 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

21 For fiscal year 2012, notwithstanding 31 U.S.C. 

22 6303(1) and 6305(1), the Administrator of the Environ23 mental Protection Agency, in carrying out the Agency’s 

24 function to implement directly Federal environmental pro25 grams required or authorized by law in the absence of an 

mstockstill on DSK4VPTVN1PROD with BILLS

584 

•HR 3671 IH

1 acceptable tribal program, may award cooperative agree2 ments to federally recognized Indian tribes or Intertribal 

3 consortia, if authorized by their member tribes, to assist 

4 the Administrator in implementing Federal environmental 

5 programs for Indian tribes required or authorized by law, 

6 except that no such cooperative agreements may be award7 ed from funds designated for State financial assistance 

8 agreements. 

9 The Administrator of the Environmental Protection 

10 Agency is authorized to collect and obligate pesticide reg11 istration service fees in accordance with section 33 of the 

12 Federal Insecticide, Fungicide, and Rodenticide Act, as 

13 amended by Public Law 110–94, the Pesticide Registra14 tion Improvement Renewal Act. 

15 The Administrator is authorized to transfer up to 

16 $300,000,000 of the funds appropriated for the Great 

17 Lakes Restoration Initiative under the heading ‘‘Environ18 mental Programs and Management’’ to the head of any 

19 Federal department or agency, with the concurrence of 

20 such head, to carry out activities that would support the 

21 Great Lakes Restoration Initiative and Great Lakes 

22 Water Quality Agreement programs, projects, or activities; 

23 to enter into an interagency agreement with the head of 

24 such Federal department or agency to carry out these ac25 tivities; and to make grants to governmental entities, nonmstockstill on DSK4VPTVN1PROD with BILLS

585 

•HR 3671 IH

1 profit organizations, institutions, and individuals for plan2 ning, research, monitoring, outreach, and implementation 

3 in furtherance of the Great Lakes Restoration Initiative 

4 and the Great Lakes Water Quality Agreement. 

5 From unobligated balances available to the Adminis6 trator of the Environmental Protection Agency, 

7 $50,000,000 are permanently rescinded: Provided, That of 

8 these funds, $5,000,000 shall be rescinded from unobli9 gated balances within the ‘‘Hazardous Substance Super10 fund’’ account; $5,000,000 shall be rescinded from unobli11 gated Brownfields balances within the ‘‘State and Tribal 

12 Assistance Grants’’ account; $5,000,000 shall be re13 scinded from unobligated Mexico Border balances within 

14 the ‘‘State and Tribal Assistance Grants’’ account; 

15 $5,000,000 shall be rescinded from unobligated Diesel 

16 Emissions Reduction Act balances within the ‘‘State and 

17 Tribal Assistance Grants’’ account; $20,000,000 shall be 

18 rescinded from unobligated categorical grant balances 

19 within the ‘‘State and Tribal Assistance Grants’’ account; 

20 and $10,000,000 shall be rescinded from unobligated 

21 Clean Water State Revolving Funds balances within the 

22 ‘‘State and Tribal Assistance Grants’’ account: Provided 

23 further, That no amounts may be rescinded from amounts 

24 that were designated by the Congress as an emergency re25 quirement pursuant to the Concurrent Resolution on the 

mstockstill on DSK4VPTVN1PROD with BILLS

586 

•HR 3671 IH

1 Budget or the Balanced Budget and Emergency Deficit 

2 Control Act of 1985, as amended. 

3 For fiscal year 2012 and each fiscal year thereafter, 

4 the requirements of section 513 of the Federal Water Pol5 lution Control Act (33 U.S.C. 1372) shall apply to the 

6 construction of treatment works carried out in whole or 

7 in part with assistance made available by a State water 

8 pollution control revolving fund as authorized by title VI 

9 of that Act (33 U.S.C. 1381 et seq.), or with assistance 

10 made available under section 205(m) of that Act (33 

11 U.S.C. 1285(m)), or both. 

12 For fiscal year 2012 and each fiscal year thereafter, 

13 the requirements of section 1450(e) of the Safe Drinking 

14 Water Act (42 U.S.C. 300j–9(e)) shall apply to any con15 struction project carried out in whole or in part with as16 sistance made available by a drinking water treatment re17 volving loan fund as authorized by section 1452 of that 

18 Act (42 U.S.C. 300j–12). 

19 Notwithstanding section 104 of the Comprehensive 

20 Environmental Response, Compensation, and Liability Act 

21 (42 U.S.C. 9604), the Administrator may authorize the 

22 expenditure or transfer of up to $10,000,000 from any 

23 appropriation in this title, in addition to the amounts in24 cluded in the ‘‘Inland Oil Spill Programs’’ account, for 

25 removal activities related to actual oil spills 5 days after 

mstockstill on DSK4VPTVN1PROD with BILLS

587 

•HR 3671 IH

1 notifying the House and Senate Committees on Appropria2 tions of the intention to expend or transfer such funds: 

3 Provided, That no funds shall be expended or transferred 

4 under this authority until the Administrator determines 

5 that amounts made available for expenditure in the ‘‘In6 land Oil Spill Programs’’ account will be exhausted within 

7 30 days: Provided further, That such funds shall be replen8 ished to the appropriation that was the source of the ex9 penditure or transfer, following EPA’s receipt of reim10 bursement from the Oil Spill Liability Trust Fund pursu11 ant to the Oil Pollution Act of 1990. 

mstockstill on DSK4VPTVN1PROD with BILLS

588 

•HR 3671 IH

1 TITLE III—RELATED AGENCIES 

2

3 DEPARTMENT OF AGRICULTURE 

4 FOREST SERVICE

5 FOREST AND RANGELAND RESEARCH

6 For necessary expenses of forest and rangeland re7 search as authorized by law, $295,773,000, to remain 

8 available until expended: Provided, That of the funds pro9 vided, $64,372,000 is for the forest inventory and analysis 

10 program. 

11 STATE AND PRIVATE FORESTRY

12 For necessary expenses of cooperating with and pro13 viding technical and financial assistance to States, terri14 tories, possessions, and others, and for forest health man15 agement, including treatments of pests, pathogens, and 

16 invasive or noxious plants and for restoring and rehabili17 tating forests damaged by pests or invasive plants, cooper18 ative forestry, and education and land conservation activi19 ties and conducting an international program as author20 ized, $253,331,000, to remain available until expended, as 

21 authorized by law; of which $53,388,000 is to be derived 

22 from the Land and Water Conservation Fund. 

23 NATIONAL FOREST SYSTEM

24 For necessary expenses of the Forest Service, not 

25 otherwise provided for, for management, protection, immstockstill on DSK4VPTVN1PROD with BILLS

589 

•HR 3671 IH

1 provement, and utilization of the National Forest System, 

2 $1,556,628,000, to remain available until expended: Pro3 vided, That of the funds provided, $336,049,000 shall be 

4 for forest products: Provided further, That of the funds 

5 provided, $40,000,000 shall be deposited in the Collabo6 rative Forest Landscape Restoration Fund for ecological 

7 restoration treatments as authorized by 16 U.S.C. 

8 7303(f): Provided further, That of the funds provided, up 

9 to $68,000,000 is for the Integrated Resource Restoration 

10 pilot program for Region 1, Region 3 and Region 4: Pro11 vided further, That of the funds provided for forest prod12 ucts, up to $44,585,000 may be transferred to support 

13 the Integrated Resource Restoration pilot program in the 

14 preceding proviso. 

15 CAPITAL IMPROVEMENT AND MAINTENANCE

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses of the Forest Service, not 

18 otherwise provided for, $394,721,000, to remain available 

19 until expended, for construction, capital improvement, 

20 maintenance and acquisition of buildings and other facili21 ties and infrastructure; and for construction, reconstruc22 tion, decommissioning (including decommissioning unau23 thorized roads not part of the transportation system), and 

24 maintenance of forest roads and trails by the Forest Serv25 ice as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 

mstockstill on DSK4VPTVN1PROD with BILLS

590 

•HR 3671 IH

1 101 and 205: Provided, That $45,000,000 shall be des2 ignated for urgently needed road decommissioning, road 

3 and trail repair and maintenance and associated activities, 

4 and removal of fish passage barriers, especially in areas 

5 where Forest Service roads may be contributing to water 

6 quality problems in streams and water bodies which sup7 port threatened, endangered, or sensitive species or com8 munity water sources: Provided further, That funds be9 coming available in fiscal year 2012 under the Act of 

10 March 4, 1913 (16 U.S.C. 501) shall be transferred to 

11 the General Fund of the Treasury and shall not be avail12 able for transfer or obligation for any other purpose unless 

13 the funds are appropriated: Provided further, That of the 

14 funds provided for decommissioning of roads, up to 

15 $13,000,000 may be transferred to the ‘‘National Forest 

16 System’’ to support the Integrated Resource Restoration 

17 pilot program. 

18 LAND ACQUISITION

19 For expenses necessary to carry out the provisions 

20 of the Land and Water Conservation Fund Act of 1965, 

21 as amended (16 U.S.C. 460l–4 through 11), including ad22 ministrative expenses, and for acquisition of land or 

23 waters, or interest therein, in accordance with statutory 

24 authority applicable to the Forest Service, $52,605,000, 

mstockstill on DSK4VPTVN1PROD with BILLS

591 

•HR 3671 IH

1 to be derived from the Land and Water Conservation 

2 Fund and to remain available until expended. 

3 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

4 ACTS

5 For acquisition of lands within the exterior bound6 aries of the Cache, Uinta, and Wasatch National Forests, 

7 Utah; the Toiyabe National Forest, Nevada; and the An8 geles, San Bernardino, Sequoia, and Cleveland National 

9 Forests, California, as authorized by law, $955,000, to be 

10 derived from forest receipts. 

11 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

12 For acquisition of lands, such sums, to be derived 

13 from funds deposited by State, county, or municipal gov14 ernments, public school districts, or other public school au15 thorities, and for authorized expenditures from funds de16 posited by non-Federal parties pursuant to Land Sale and 

17 Exchange Acts, pursuant to the Act of December 4, 1967, 

18 as amended (16 U.S.C. 484a), to remain available until 

19 expended (16 U.S.C. 460l–516–617a, 555a; Public Law 

20 96–586; Public Law 76–589, 76–591; and Public Law 

21 78–310). 

22 RANGE BETTERMENT FUND

23 For necessary expenses of range rehabilitation, pro24 tection, and improvement, 50 percent of all moneys re25 ceived during the prior fiscal year, as fees for grazing domstockstill on DSK4VPTVN1PROD with BILLS

592 

•HR 3671 IH

1 mestic livestock on lands in National Forests in the 16 

2 Western States, pursuant to section 401(b)(1) of Public 

3 Law 94–579, as amended, to remain available until ex4 pended, of which not to exceed 6 percent shall be available 

5 for administrative expenses associated with on-the-ground 

6 range rehabilitation, protection, and improvements. 

7 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

8 RANGELAND RESEARCH

9 For expenses authorized by 16 U.S.C. 1643(b), 

10 $45,000, to remain available until expended, to be derived 

11 from the fund established pursuant to the above Act. 

12 MANAGEMENT OF NATIONAL FOREST LANDS FOR

13 SUBSISTENCE USES

14 For necessary expenses of the Forest Service to man15 age Federal lands in Alaska for subsistence uses under 

16 title VIII of the Alaska National Interest Lands Conserva17 tion Act (Public Law 96–487), $2,577,000, to remain 

18 available until expended. 

19 WILDLAND FIRE MANAGEMENT

20 (INCLUDING TRANSFERS OF FUNDS)

21 For necessary expenses for forest fire presuppression 

22 activities on National Forest System lands, for emergency 

23 fire suppression on or adjacent to such lands or other 

24 lands under fire protection agreement, hazardous fuels re25 duction on or adjacent to such lands, and for emergency 

mstockstill on DSK4VPTVN1PROD with BILLS

593 

•HR 3671 IH

1 rehabilitation of burned-over National Forest System 

2 lands and water, $1,737,631,000, to remain available until 

3 expended: Provided, That such funds including unobli4 gated balances under this heading, are available for repay5 ment of advances from other appropriations accounts pre6 viously transferred for such purposes: Provided further, 

7 That such funds shall be available to reimburse State and 

8 other cooperating entities for services provided in response 

9 to wildfire and other emergencies or disasters to the extent 

10 such reimbursements by the Forest Service for non-fire 

11 emergencies are fully repaid by the responsible emergency 

12 management agency: Provided further, That, notwith13 standing any other provision of law, $7,262,000 of funds 

14 appropriated under this appropriation shall be available 

15 for the Forest Service in support of fire science research 

16 authorized by the Joint Fire Science Program, including 

17 all Forest Service authorities for the use of funds, such 

18 as contracts, grants, research joint venture agreements, 

19 and cooperative agreements: Provided further, That all au20 thorities for the use of funds, including the use of con21 tracts, grants, and cooperative agreements, available to 

22 execute the Forest and Rangeland Research appropria23 tion, are also available in the utilization of these funds 

24 for Fire Science Research: Provided further, That funds 

25 provided shall be available for emergency rehabilitation 

mstockstill on DSK4VPTVN1PROD with BILLS

594 

•HR 3671 IH

1 and restoration, hazardous fuels reduction activities in the 

2 urban-wildland interface, support to Federal emergency 

3 response, and wildfire suppression activities of the Forest 

4 Service: Provided further, That of the funds provided, 

5 $317,584,000 is for hazardous fuels reduction activities, 

6 $21,734,000 is for research activities and to make com7 petitive research grants pursuant to the Forest and 

8 Rangeland Renewable Resources Research Act, as amend9 ed (16 U.S.C. 1641 et seq.), $55,564,000 is for State fire 

10 assistance, $6,366,000 is for volunteer fire assistance, 

11 $15,983,000 is for forest health activities on Federal lands 

12 and $8,366,000 is for forest health activities on State and 

13 private lands: Provided further, That amounts in this 

14 paragraph may be transferred to the ‘‘State and Private 

15 Forestry’’, ‘‘National Forest System’’, and ‘‘Forest and 

16 Rangeland Research’’ accounts to fund State fire assist17 ance, volunteer fire assistance, forest health management, 

18 forest and rangeland research, the Joint Fire Science Pro19 gram, vegetation and watershed management, heritage 

20 site rehabilitation, and wildlife and fish habitat manage21 ment and restoration: Provided further, That the costs of 

22 implementing any cooperative agreement between the Fed23 eral Government and any non-Federal entity may be 

24 shared, as mutually agreed on by the affected parties: Pro25 vided further, That up to $15,000,000 of the funds promstockstill on DSK4VPTVN1PROD with BILLS

595 

•HR 3671 IH

1 vided herein may be used by the Secretary of Agriculture 

2 to enter into procurement contracts or cooperative agree3 ments or to issue grants for hazardous fuels reduction and 

4 for training or monitoring associated with such hazardous 

5 fuels reduction activities on Federal land or on non-Fed6 eral land if the Secretary determines such activities imple7 ment a community wildfire protection plan (or equivalent) 

8 and benefit resources on Federal land: Provided further, 

9 That funds made available to implement the Community 

10 Forest Restoration Act, Public Law 106–393, title VI, 

11 shall be available for use on non-Federal lands in accord12 ance with authorities made available to the Forest Service 

13 under the ‘‘State and Private Forestry’’ appropriation: 

14 Provided further, That the Secretary of the Interior and 

15 the Secretary of Agriculture may authorize the transfer 

16 of funds appropriated for wildland fire management, in 

17 an aggregate amount not to exceed $50,000,000, between 

18 the Departments when such transfers would facilitate and 

19 expedite wildland fire management programs and projects: 

20 Provided further, That of the funds provided for hazardous 

21 fuels reduction, not to exceed $5,000,000 may be used to 

22 make grants, using any authorities available to the Forest 

23 Service under the ‘‘State and Private Forestry’’ appro24 priation, for the purpose of creating incentives for in25 creased use of biomass from National Forest System 

mstockstill on DSK4VPTVN1PROD with BILLS

596 

•HR 3671 IH

1 lands: Provided further, That no amounts may be cancelled 

2 from amounts that were designated by the Congress as 

3 an emergency requirement pursuant to the Concurrent 

4 Resolution on the Budget or the Balanced Budget and 

5 Emergency Deficit Control Act of 1985, as amended: Pro6 vided further, That before obligating any of the funds pro7 vided herein for wildland fire suppression, the Secretary 

8 of Agriculture shall obligate all unobligated balances pre9 viously made available under this heading (including the 

10 unobligated balances transferred to Forest Service ac11 counts under this heading by division B of the Consoli12 dated Security, Disaster Assistance, and Continuing Ap13 propriations Act, 2009 (Public Law 110–329, 122 Stat. 

14 3594)) that, when appropriated, were designated by Con15 gress as an emergency requirement pursuant to the Con16 current Resolution on the Budget or the Balanced Budget 

17 and Emergency Deficit Control Act of 1985 and notify 

18 the Committees on Appropriations of the House of Rep19 resentatives and the Senate in writing of the imminent 

20 need to begin obligating funds provided herein for wildland 

21 fire suppression: Provided further, That funds designated 

22 for wildfire suppression, including funds transferred from 

23 the ‘‘FLAME Wildfire Suppression Reserve Fund’’, shall 

24 be assessed for cost pools on the same basis as such as25 sessments are calculated against other agency programs: 

mstockstill on DSK4VPTVN1PROD with BILLS

597 

•HR 3671 IH

1 Provided further, That of the funds for hazardous fuels 

2 reduction, up to $21,000,000 may be transferred to the 

3 ‘‘National Forest System’’ to support the Integrated Re4 source Restoration pilot program. 

5 FLAME WILDFIRE SUPPRESSION RESERVE FUND

6 (INCLUDING TRANSFERS OF FUNDS)

7 For necessary expenses for large fire suppression op8 erations of the Department of Agriculture and as a reserve 

9 fund for suppression and Federal emergency response ac10 tivities, $315,886,000, to remain available until expended: 

11 Provided, That such amounts are available only for trans12 fer to the ‘‘Wildland Fire Management’’ account and only 

13 following a declaration by the Secretary that either (1) 

14 a wildland fire suppression event meets certain previously 

15 established risk-based written criteria for significant com16 plexity, severity, or threat posed by the fire or (2) funds 

17 in the ‘‘Wildland Fire Management’’ account will be ex18 hausted within 30 days. 

19 ADMINISTRATIVE PROVISIONS—FOREST SERVICE

20 (INCLUDING TRANSFERS OF FUNDS)

21 Appropriations to the Forest Service for the current 

22 fiscal year shall be available for: (1) purchase of passenger 

23 motor vehicles; acquisition of passenger motor vehicles 

24 from excess sources, and hire of such vehicles; purchase, 

25 lease, operation, maintenance, and acquisition of aircraft 

mstockstill on DSK4VPTVN1PROD with BILLS

598 

•HR 3671 IH

1 from excess sources to maintain the operable fleet for use 

2 in Forest Service wildland fire programs and other Forest 

3 Service programs; notwithstanding other provisions of law, 

4 existing aircraft being replaced may be sold, with proceeds 

5 derived or trade-in value used to offset the purchase price 

6 for the replacement aircraft; (2) services pursuant to 7 

7 U.S.C. 2225, and not to exceed $100,000 for employment 

8 under 5 U.S.C. 3109; (3) purchase, erection, and alter9 ation of buildings and other public improvements (7 

10 U.S.C. 2250); (4) acquisition of land, waters, and inter11 ests therein pursuant to 7 U.S.C. 428a; (5) for expenses 

12 pursuant to the Volunteers in the National Forest Act of 

13 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost 

14 of uniforms as authorized by 5 U.S.C. 5901–5902; and 

15 (7) for debt collection contracts in accordance with 31 

16 U.S.C. 3718(c). 

17 Any appropriations or funds available to the Forest 

18 Service may be transferred to the Wildland Fire Manage19 ment appropriation for forest firefighting, emergency re20 habilitation of burned-over or damaged lands or waters 

21 under its jurisdiction, and fire preparedness due to severe 

22 burning conditions upon the Secretary’s notification of the 

23 House and Senate Committees on Appropriations that all 

24 fire suppression funds appropriated under the headings 

25 ‘‘Wildland Fire Management’’ and ‘‘FLAME Wildfire 

mstockstill on DSK4VPTVN1PROD with BILLS

599 

•HR 3671 IH

1 Suppression Reserve Fund’’ will be obligated within 30 

2 days: Provided, That all funds used pursuant to this para3 graph must be replenished by a supplemental appropria4 tion which must be requested as promptly as possible. 

5 Funds appropriated to the Forest Service shall be 

6 available for assistance to or through the Agency for Inter7 national Development in connection with forest and range8 land research, technical information, and assistance in for9 eign countries, and shall be available to support forestry 

10 and related natural resource activities outside the United 

11 States and its territories and possessions, including tech12 nical assistance, education and training, and cooperation 

13 with U.S., private, and international organizations. The 

14 Forest Service, acting for the International Program, may 

15 sign direct funding agreements with foreign governments 

16 and institutions as well as other domestic agencies (includ17 ing the U.S. Agency for International Development, the 

18 Department of State, and the Millennium Challenge Cor19 poration), U.S. private sector firms, institutions and orga20 nizations to provide technical assistance and training pro21 grams overseas on forestry and rangeland management. 

22 None of the funds made available to the Forest Serv23 ice in this Act or any other Act with respect to any fiscal 

24 year shall be subject to transfer under the provisions of 

25 section 702(b) of the Department of Agriculture Organic 

mstockstill on DSK4VPTVN1PROD with BILLS

600 

•HR 3671 IH

1 Act of 1944 (7 U.S.C. 2257), section 442 of Public Law 

2 106–224 (7 U.S.C. 7772), or section 10417(b) of Public 

3 Law 107–107 (7 U.S.C. 8316(b)). 

4 None of the funds available to the Forest Service may 

5 be reprogrammed without the advance approval of the 

6 House and Senate Committees on Appropriations in ac7 cordance with the reprogramming procedures contained in 

8 the explanatory statement described in section 4 (in the 

9 matter preceding division A of this consolidated Act). 

10 Not more than $82,000,000 of funds available to the 

11 Forest Service shall be transferred to the Working Capital 

12 Fund of the Department of Agriculture and not more than 

13 $14,500,000 of funds available to the Forest Service shall 

14 be transferred to the Department of Agriculture for De15 partment Reimbursable Programs, commonly referred to 

16 as Greenbook charges. Nothing in this paragraph shall 

17 prohibit or limit the use of reimbursable agreements re18 quested by the Forest Service in order to obtain services 

19 from the Department of Agriculture’s National Informa20 tion Technology Center. Nothing in this paragraph shall 

21 limit the Forest Service portion of implementation costs 

22 to be paid to the Department of Agriculture for the Finan23 cial Management Modernization Initiative. 

24 Of the funds available to the Forest Service up to 

25 $5,000,000 shall be available for priority projects within 

mstockstill on DSK4VPTVN1PROD with BILLS

601 

•HR 3671 IH

1 the scope of the approved budget, which shall be carried 

2 out by the Youth Conservation Corps and shall be carried 

3 out under the authority of the Public Lands Corps Act 

4 of 1993, Public Law 103–82, as amended by Public Lands 

5 Corps Healthy Forests Restoration Act of 2005, Public 

6 Law 109–154. 

7 Of the funds available to the Forest Service, $4,000 

8 is available to the Chief of the Forest Service for official 

9 reception and representation expenses. 

10 Pursuant to sections 405(b) and 410(b) of Public 

11 Law 101–593, of the funds available to the Forest Service, 

12 up to $3,000,000 may be advanced in a lump sum to the 

13 National Forest Foundation to aid conservation partner14 ship projects in support of the Forest Service mission, 

15 without regard to when the Foundation incurs expenses, 

16 for projects on or benefitting National Forest System 

17 lands or related to Forest Service programs: Provided, 

18 That of the Federal funds made available to the Founda19 tion, no more than $300,000 shall be available for admin20 istrative expenses: Provided further, That the Foundation 

21 shall obtain, by the end of the period of Federal financial 

22 assistance, private contributions to match on at least one23 for-one basis funds made available by the Forest Service: 

24 Provided further, That the Foundation may transfer Fed25 eral funds to a Federal or a non-Federal recipient for a 

mstockstill on DSK4VPTVN1PROD with BILLS

602 

•HR 3671 IH

1 project at the same rate that the recipient has obtained 

2 the non-Federal matching funds: Provided further, That 

3 authorized investments of Federal funds held by the Foun4 dation may be made only in interest-bearing obligations 

5 of the United States or in obligations guaranteed as to 

6 both principal and interest by the United States. 

7 Pursuant to section 2(b)(2) of Public Law 98–244, 

8 $3,000,000 of the funds available to the Forest Service 

9 may be advanced to the National Fish and Wildlife Foun10 dation in a lump sum to aid cost-share conservation 

11 projects, without regard to when expenses are incurred, 

12 on or benefitting National Forest System lands or related 

13 to Forest Service programs: Provided, That such funds 

14 shall be matched on at least a one-for-one basis by the 

15 Foundation or its sub-recipients: Provided further, That 

16 the Foundation may transfer Federal funds to a Federal 

17 or non-Federal recipient for a project at the same rate 

18 that the recipient has obtained the non-Federal matching 

19 funds. 

20 Funds appropriated to the Forest Service shall be 

21 available for interactions with and providing technical as22 sistance to rural communities and natural resource-based 

23 businesses for sustainable rural development purposes. 

24 Funds appropriated to the Forest Service shall be 

25 available for payments to counties within the Columbia 

mstockstill on DSK4VPTVN1PROD with BILLS

603 

•HR 3671 IH

1 River Gorge National Scenic Area, pursuant to section 

2 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

3 663. 

4 Any funds appropriated to the Forest Service may 

5 be used to meet the non-Federal share requirement in sec6 tion 502(c) of the Older American Act of 1965 (42 U.S.C. 

7 3056(c)(2)). 

8 Funds available to the Forest Service, not to exceed 

9 $55,000,000, shall be assessed for the purpose of per10 forming fire, administrative and other facilities mainte11 nance and decommissioning. Such assessments shall occur 

12 using a square foot rate charged on the same basis the 

13 agency uses to assess programs for payment of rent, utili14 ties, and other support services. 

15 Notwithstanding any other provision of law, any ap16 propriations or funds available to the Forest Service not 

17 to exceed $500,000 may be used to reimburse the Office 

18 of the General Counsel (OGC), Department of Agri19 culture, for travel and related expenses incurred as a re20 sult of OGC assistance or participation requested by the 

21 Forest Service at meetings, training sessions, management 

22 reviews, land purchase negotiations and similar nonlitiga23 tion-related matters. Future budget justifications for both 

24 the Forest Service and the Department of Agriculture 

mstockstill on DSK4VPTVN1PROD with BILLS

604 

•HR 3671 IH

1 should clearly display the sums previously transferred and 

2 the requested funding transfers. 

3 An eligible individual who is employed in any project 

4 funded under title V of the Older American Act of 1965 

5 (42 U.S.C. 3056 et seq.) and administered by the Forest 

6 Service shall be considered to be a Federal employee for 

7 purposes of chapter 171 of title 28, United States Code. 

8 DEPARTMENT OF HEALTH AND HUMAN 

9 SERVICES 

10 INDIAN HEALTH SERVICE

11 INDIAN HEALTH SERVICES

12 For expenses necessary to carry out the Act of Au13 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina14 tion Act, the Indian Health Care Improvement Act, and 

15 titles II and III of the Public Health Service Act with re16 spect to the Indian Health Service, $3,872,377,000, to17 gether with payments received during the fiscal year pur18 suant to 42 U.S.C. 238(b) and 238b for services furnished 

19 by the Indian Health Service: Provided, That funds made 

20 available to tribes and tribal organizations through con21 tracts, grant agreements, or any other agreements or com22 pacts authorized by the Indian Self-Determination and 

23 Education Assistance Act of 1975 (25 U.S.C. 450), shall 

24 be deemed to be obligated at the time of the grant or con25 tract award and thereafter shall remain available to the 

mstockstill on DSK4VPTVN1PROD with BILLS

605 

•HR 3671 IH

1 tribe or tribal organization without fiscal year limitation: 

2 Provided further, That $844,927,000 for contract medical 

3 care, including $51,500,000 for the Indian Catastrophic 

4 Health Emergency Fund, shall remain available until ex5 pended: Provided further, That of the funding provided for 

6 information technology activities and, notwithstanding any 

7 other provision of law, $4,000,000 shall be allocated at 

8 the discretion of the Director of the Indian Health Service: 

9 Provided further, That of the funds provided, up to 

10 $36,000,000 shall remain available until expended for im11 plementation of the loan repayment program under section 

12 108 of the Indian Health Care Improvement Act: Provided 

13 further, That the amounts collected by the Federal Gov14 ernment as authorized by sections 104 and 108 of the In15 dian Health Care Improvement Act (25 U.S.C. 1613a and 

16 1616a) during the preceding fiscal year for breach of con17 tracts shall be deposited to the Fund authorized by section 

18 108A of the Act (25 U.S.C. 1616a–1) and shall remain 

19 available until expended and, notwithstanding section 

20 108A(c) of the Act (25 U.S.C. 1616a–1(c)), funds shall 

21 be available to make new awards under the loan repay22 ment and scholarship programs under sections 104 and 

23 108 of the Act (25 U.S.C. 1613a and 1616a): Provided 

24 further, That notwithstanding any other provision of law, 

25 the amounts made available within this account for the 

mstockstill on DSK4VPTVN1PROD with BILLS

606 

•HR 3671 IH

1 methamphetamine and suicide prevention and treatment 

2 initiative and for the domestic violence prevention initia3 tive shall be allocated at the discretion of the Director of 

4 the Indian Health Service and shall remain available until 

5 expended: Provided further, That funds provided in this 

6 Act may be used for annual contracts and grants that fall 

7 within 2 fiscal years, provided the total obligation is re8 corded in the year the funds are appropriated: Provided 

9 further, That the amounts collected by the Secretary of 

10 Health and Human Services under the authority of title 

11 IV of the Indian Health Care Improvement Act shall re12 main available until expended for the purpose of achieving 

13 compliance with the applicable conditions and require14 ments of titles XVIII and XIX of the Social Security Act, 

15 except for those related to the planning, design, or con16 struction of new facilities: Provided further, That funding 

17 contained herein for scholarship programs under the In18 dian Health Care Improvement Act (25 U.S.C. 1613) 

19 shall remain available until expended: Provided further, 

20 That amounts received by tribes and tribal organizations 

21 under title IV of the Indian Health Care Improvement Act 

22 shall be reported and accounted for and available to the 

23 receiving tribes and tribal organizations until expended: 

24 Provided further, That, notwithstanding any other provi25 sion of law, of the amounts provided herein, not to exceed 

mstockstill on DSK4VPTVN1PROD with BILLS

607 

•HR 3671 IH

1 $472,193,000 shall be for payments to tribes and tribal 

2 organizations for contract or grant support costs associ3 ated with contracts, grants, self-governance compacts, or 

4 annual funding agreements between the Indian Health 

5 Service and a tribe or tribal organization pursuant to the 

6 Indian Self-Determination Act of 1975, as amended, prior 

7 to or during fiscal year 2012, of which not to exceed 

8 $10,000,000 may be used for contract support costs asso9 ciated with new or expanded self-determination contracts, 

10 grants, self-governance compacts, or annual funding 

11 agreements: Provided further, That the Bureau of Indian 

12 Affairs may collect from the Indian Health Service, tribes 

13 and tribal organizations operating health facilities pursu14 ant to Public Law 93–638, such individually identifiable 

15 health information relating to disabled children as may be 

16 necessary for the purpose of carrying out its functions 

17 under the Individuals with Disabilities Education Act (20 

18 U.S.C. 1400, et seq.): Provided further, That the Indian 

19 Health Care Improvement Fund may be used, as needed, 

20 to carry out activities typically funded under the Indian 

21 Health Facilities account. 

22 INDIAN HEALTH FACILITIES

23 For construction, repair, maintenance, improvement, 

24 and equipment of health and related auxiliary facilities, 

25 including quarters for personnel; preparation of plans, 

mstockstill on DSK4VPTVN1PROD with BILLS

608 

•HR 3671 IH

1 specifications, and drawings; acquisition of sites, purchase 

2 and erection of modular buildings, and purchases of trail3 ers; and for provision of domestic and community sanita4 tion facilities for Indians, as authorized by section 7 of 

5 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 

6 Self-Determination Act, and the Indian Health Care Im7 provement Act, and for expenses necessary to carry out 

8 such Acts and titles II and III of the Public Health Serv9 ice Act with respect to environmental health and facilities 

10 support activities of the Indian Health Service, 

11 $441,052,000, to remain available until expended: Pro12 vided, That notwithstanding any other provision of law, 

13 funds appropriated for the planning, design, construction, 

14 renovation or expansion of health facilities for the benefit 

15 of an Indian tribe or tribes may be used to purchase land 

16 on which such facilities will be located: Provided further, 

17 That not to exceed $500,000 shall be used by the Indian 

18 Health Service to purchase TRANSAM equipment from 

19 the Department of Defense for distribution to the Indian 

20 Health Service and tribal facilities: Provided further, That 

21 none of the funds appropriated to the Indian Health Serv22 ice may be used for sanitation facilities construction for 

23 new homes funded with grants by the housing programs 

24 of the United States Department of Housing and Urban 

25 Development: Provided further, That not to exceed 

mstockstill on DSK4VPTVN1PROD with BILLS

609 

•HR 3671 IH

1 $2,700,000 from this account and the ‘‘Indian Health 

2 Services’’ account shall be used by the Indian Health Serv3 ice to obtain ambulances for the Indian Health Service 

4 and tribal facilities in conjunction with an existing inter5 agency agreement between the Indian Health Service and 

6 the General Services Administration: Provided further, 

7 That not to exceed $500,000 shall be placed in a Demoli8 tion Fund, to remain available until expended, and be used 

9 by the Indian Health Service for the demolition of Federal 

10 buildings. 

11 ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE

12 Appropriations provided in this Act to the Indian 

13 Health Service shall be available for services as authorized 

14 by 5 U.S.C. 3109 at rates not to exceed the per diem rate 

15 equivalent to the maximum rate payable for senior-level 

16 positions under 5 U.S.C. 5376; hire of passenger motor 

17 vehicles and aircraft; purchase of medical equipment; pur18 chase of reprints; purchase, renovation and erection of 

19 modular buildings and renovation of existing facilities; 

20 payments for telephone service in private residences in the 

21 field, when authorized under regulations approved by the 

22 Secretary; uniforms or allowances therefor as authorized 

23 by 5 U.S.C. 5901–5902; and for expenses of attendance 

24 at meetings that relate to the functions or activities of the 

25 Indian Health Service: Provided, That in accordance with 

mstockstill on DSK4VPTVN1PROD with BILLS

610 

•HR 3671 IH

1 the provisions of the Indian Health Care Improvement 

2 Act, non-Indian patients may be extended health care at 

3 all tribally administered or Indian Health Service facili4 ties, subject to charges, and the proceeds along with funds 

5 recovered under the Federal Medical Care Recovery Act 

6 (42 U.S.C. 2651–2653) shall be credited to the account 

7 of the facility providing the service and shall be available 

8 without fiscal year limitation: Provided further, That not9 withstanding any other law or regulation, funds trans10 ferred from the Department of Housing and Urban Devel11 opment to the Indian Health Service shall be administered 

12 under Public Law 86–121, the Indian Sanitation Facilities 

13 Act and Public Law 93–638, as amended: Provided fur14 ther, That funds appropriated to the Indian Health Serv15 ice in this Act, except those used for administrative and 

16 program direction purposes, shall not be subject to limita17 tions directed at curtailing Federal travel and transpor18 tation: Provided further, That none of the funds made 

19 available to the Indian Health Service in this Act shall 

20 be used for any assessments or charges by the Department 

21 of Health and Human Services unless identified in the 

22 budget justification and provided in this Act, or approved 

23 by the House and Senate Committees on Appropriations 

24 through the reprogramming process: Provided further, 

25 That notwithstanding any other provision of law, funds 

mstockstill on DSK4VPTVN1PROD with BILLS

611 

•HR 3671 IH

1 previously or herein made available to a tribe or tribal or2 ganization through a contract, grant, or agreement au3 thorized by title I or title V of the Indian Self-Determina4 tion and Education Assistance Act of 1975 (25 U.S.C. 

5 450), may be deobligated and reobligated to a self-deter6 mination contract under title I, or a self-governance agree7 ment under title V of such Act and thereafter shall remain 

8 available to the tribe or tribal organization without fiscal 

9 year limitation: Provided further, That none of the funds 

10 made available to the Indian Health Service in this Act 

11 shall be used to implement the final rule published in the 

12 Federal Register on September 16, 1987, by the Depart13 ment of Health and Human Services, relating to the eligi14 bility for the health care services of the Indian Health 

15 Service until the Indian Health Service has submitted a 

16 budget request reflecting the increased costs associated 

17 with the proposed final rule, and such request has been 

18 included in an appropriations Act and enacted into law: 

19 Provided further, That with respect to functions trans20 ferred by the Indian Health Service to tribes or tribal or21 ganizations, the Indian Health Service is authorized to 

22 provide goods and services to those entities on a reimburs23 able basis, including payments in advance with subsequent 

24 adjustment, and the reimbursements received therefrom, 

25 along with the funds received from those entities pursuant 

mstockstill on DSK4VPTVN1PROD with BILLS

612 

•HR 3671 IH

1 to the Indian Self-Determination Act, may be credited to 

2 the same or subsequent appropriation account from which 

3 the funds were originally derived, with such amounts to 

4 remain available until expended: Provided further, That re5 imbursements for training, technical assistance, or serv6 ices provided by the Indian Health Service will contain 

7 total costs, including direct, administrative, and overhead 

8 associated with the provision of goods, services, or tech9 nical assistance: Provided further, That the appropriation 

10 structure for the Indian Health Service may not be altered 

11 without advance notification to the House and Senate 

12 Committees on Appropriations. 

13 NATIONAL INSTITUTES OF HEALTH

14 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

15 SCIENCES

16 For necessary expenses for the National Institute of 

17 Environmental Health Sciences in carrying out activities 

18 set forth in section 311(a) of the Comprehensive Environ19 mental Response, Compensation, and Liability Act of 

20 1980, as amended, and section 126(g) of the Superfund 

21 Amendments and Reauthorization Act of 1986, 

22 $79,054,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

613 

•HR 3671 IH

1 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

2 REGISTRY

3 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

4 HEALTH

5 For necessary expenses for the Agency for Toxic Sub6 stances and Disease Registry (ATSDR) in carrying out 

7 activities set forth in sections 104(i) and 111(c)(4) of the 

8 Comprehensive Environmental Response, Compensation, 

9 and Liability Act of 1980 (CERCLA), as amended; section 

10 118(f) of the Superfund Amendments and Reauthoriza11 tion Act of 1986 (SARA), as amended; and section 3019 

12 of the Solid Waste Disposal Act, as amended, 

13 $76,337,000, of which up to $1,000 per eligible employee 

14 of the Agency for Toxic Substances and Disease Registry 

15 shall remain available until expended for Individual Learn16 ing Accounts: Provided, That notwithstanding any other 

17 provision of law, in lieu of performing a health assessment 

18 under section 104(i)(6) of CERCLA, the Administrator 

19 of ATSDR may conduct other appropriate health studies, 

20 evaluations, or activities, including, without limitation, 

21 biomedical testing, clinical evaluations, medical moni22 toring, and referral to accredited healthcare providers: 

23 Provided further, That in performing any such health as24 sessment or health study, evaluation, or activity, the Ad25 ministrator of ATSDR shall not be bound by the deadlines 

mstockstill on DSK4VPTVN1PROD with BILLS

614 

•HR 3671 IH

1 in section 104(i)(6)(A) of CERCLA: Provided further, 

2 That none of the funds appropriated under this heading 

3 shall be available for ATSDR to issue in excess of 40 toxi4 cological profiles pursuant to section 104(I) of CERCLA 

5 during fiscal year 2012, and existing profiles may be up6 dated as necessary. 

7 OTHER RELATED AGENCIES 

8 EXECUTIVE OFFICE OF THE PRESIDENT

9 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

10 ENVIRONMENTAL QUALITY

11 For necessary expenses to continue functions as12 signed to the Council on Environmental Quality and Office 

13 of Environmental Quality pursuant to the National Envi14 ronmental Policy Act of 1969, the Environmental Quality 

15 Improvement Act of 1970, and Reorganization Plan No. 

16 1 of 1977, and not to exceed $750 for official reception 

17 and representation expenses, $3,153,000: Provided, That 

18 notwithstanding section 202 of the National Environ19 mental Policy Act of 1970, the Council shall consist of 

20 one member, appointed by the President, by and with the 

21 advice and consent of the Senate, serving as chairman and 

22 exercising all powers, functions, and duties of the Council. 

mstockstill on DSK4VPTVN1PROD with BILLS

615 

•HR 3671 IH

1 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses in carrying out activities pur4 suant to section 112(r)(6) of the Clean Air Act, as amend5 ed, including hire of passenger vehicles, uniforms or allow6 ances therefor, as authorized by 5 U.S.C. 5901–5902, and 

7 for services authorized by 5 U.S.C. 3109 but at rates for 

8 individuals not to exceed the per diem equivalent to the 

9 maximum rate payable for senior level positions under 5 

10 U.S.C. 5376, $11,147,000: Provided, That the Chemical 

11 Safety and Hazard Investigation Board (Board) shall have 

12 not more than three career Senior Executive Service posi13 tions: Provided further, That notwithstanding any other 

14 provision of law, the individual appointed to the position 

15 of Inspector General of the Environmental Protection 

16 Agency (EPA) shall, by virtue of such appointment, also 

17 hold the position of Inspector General of the Board: Pro18 vided further, That notwithstanding any other provision 

19 of law, the Inspector General of the Board shall utilize 

20 personnel of the Office of Inspector General of EPA in 

21 performing the duties of the Inspector General of the 

22 Board, and shall not appoint any individuals to positions 

23 within the Board. 

mstockstill on DSK4VPTVN1PROD with BILLS

616 

•HR 3671 IH

1 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Navajo and 

4 Hopi Indian Relocation as authorized by Public Law 93– 

5 531, $7,750,000, to remain available until expended: Pro6 vided, That funds provided in this or any other appropria7 tions Act are to be used to relocate eligible individuals and 

8 groups including evictees from District 6, Hopi-partitioned 

9 lands residents, those in significantly substandard hous10 ing, and all others certified as eligible and not included 

11 in the preceding categories: Provided further, That none 

12 of the funds contained in this or any other Act may be 

13 used by the Office of Navajo and Hopi Indian Relocation 

14 to evict any single Navajo or Navajo family who, as of 

15 November 30, 1985, was physically domiciled on the lands 

16 partitioned to the Hopi Tribe unless a new or replacement 

17 home is provided for such household: Provided further, 

18 That no relocatee will be provided with more than one new 

19 or replacement home: Provided further, That the Office 

20 shall relocate any certified eligible relocatees who have se21 lected and received an approved homesite on the Navajo 

22 reservation or selected a replacement residence off the 

23 Navajo reservation or on the land acquired pursuant to 

24 25 U.S.C. 640d–10. 

mstockstill on DSK4VPTVN1PROD with BILLS

617 

•HR 3671 IH

1 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

2 CULTURE AND ARTS DEVELOPMENT

3 PAYMENT TO THE INSTITUTE

4 For payment to the Institute of American Indian and 

5 Alaska Native Culture and Arts Development, as author6 ized by title XV of Public Law 99–498, as amended (20 

7 U.S.C. 56 part A), $8,533,000. 

8 SMITHSONIAN INSTITUTION

9 SALARIES AND EXPENSES

10 For necessary expenses of the Smithsonian Institu11 tion, as authorized by law, including research in the fields 

12 of art, science, and history; development, preservation, and 

13 documentation of the National Collections; presentation of 

14 public exhibits and performances; collection, preparation, 

15 dissemination, and exchange of information and publica16 tions; conduct of education, training, and museum assist17 ance programs; maintenance, alteration, operation, lease 

18 agreements of no more than 30 years, and protection of 

19 buildings, facilities, and approaches; not to exceed 

20 $100,000 for services as authorized by 5 U.S.C. 3109; and 

21 purchase, rental, repair, and cleaning of uniforms for em22 ployees, $636,530,000, to remain available until Sep23 tember 30, 2013, except as otherwise provided herein; of 

24 which not to exceed $20,137,000 for the instrumentation 

25 program, collections acquisition, exhibition reinstallation, 

mstockstill on DSK4VPTVN1PROD with BILLS

618 

•HR 3671 IH

1 the National Museum of African American History and 

2 Culture, and the repatriation of skeletal remains program 

3 shall remain available until expended; and including such 

4 funds as may be necessary to support American overseas 

5 research centers: Provided, That funds appropriated here6 in are available for advance payments to independent con7 tractors performing research services or participating in 

8 official Smithsonian presentations. 

9 FACILITIES CAPITAL

10 For necessary expenses of repair, revitalization, and 

11 alteration of facilities owned or occupied by the Smithso12 nian Institution, by contract or otherwise, as authorized 

13 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 

14 and for construction, including necessary personnel, 

15 $175,000,000, to remain available until expended, of 

16 which not to exceed $10,000 is for services as authorized 

17 by 5 U.S.C. 3109, and of which $75,000,000 shall be to 

18 complete design and begin construction of the National 

19 Museum of African American History and Culture: Pro20 vided, That during fiscal year 2012 and any succeeding 

21 fiscal year, a single procurement for construction of the 

22 National Museum of African American History and Cul23 ture, as authorized under section 8 of the National Mu24 seum of African American History and Culture Act (20 

25 U.S.C. 80r–6), may be issued that includes the full scope 

mstockstill on DSK4VPTVN1PROD with BILLS

619 

•HR 3671 IH

1 of the project: Provided further, That the solicitation and 

2 contract shall contain the clause ‘‘availability of funds’’ 

3 found at 48 CFR 52.232.18. 

4 NATIONAL GALLERY OF ART

5 SALARIES AND EXPENSES

6 For the upkeep and operations of the National Gal7 lery of Art, the protection and care of the works of art 

8 therein, and administrative expenses incident thereto, as 

9 authorized by the Act of March 24, 1937 (50 Stat. 51), 

10 as amended by the public resolution of April 13, 1939 

11 (Public Resolution 9, Seventy-sixth Congress), including 

12 services as authorized by 5 U.S.C. 3109; payment in ad13 vance when authorized by the treasurer of the Gallery for 

14 membership in library, museum, and art associations or 

15 societies whose publications or services are available to 

16 members only, or to members at a price lower than to the 

17 general public; purchase, repair, and cleaning of uniforms 

18 for guards, and uniforms, or allowances therefor, for other 

19 employees as authorized by law (5 U.S.C. 5901–5902); 

20 purchase or rental of devices and services for protecting 

21 buildings and contents thereof, and maintenance, alter22 ation, improvement, and repair of buildings, approaches, 

23 and grounds; and purchase of services for restoration and 

24 repair of works of art for the National Gallery of Art by 

25 contracts made, without advertising, with individuals, 

mstockstill on DSK4VPTVN1PROD with BILLS

620 

•HR 3671 IH

1 firms, or organizations at such rates or prices and under 

2 such terms and conditions as the Gallery may deem prop3 er, $114,066,000, of which not to exceed $3,481,000 for 

4 the special exhibition program shall remain available until 

5 expended. 

6 REPAIR, RESTORATION, AND RENOVATION OF BUILDINGS

7 For necessary expenses of repair, restoration and 

8 renovation of buildings, grounds and facilities owned or 

9 occupied by the National Gallery of Art, by contract or 

10 otherwise, for operating lease agreements of no more than 

11 10 years, with no extensions or renewals beyond the 10 

12 years, that address space needs created by the ongoing 

13 renovations in the Master Facilities Plan, as authorized, 

14 $14,516,000, to remain available until expended: Pro15 vided, That contracts awarded for environmental systems, 

16 protection systems, and exterior repair or renovation of 

17 buildings of the National Gallery of Art may be negotiated 

18 with selected contractors and awarded on the basis of con19 tractor qualifications as well as price. 

20 JOHN F. KENNEDY CENTER FOR THE PERFORMING

21 ARTS

22 OPERATIONS AND MAINTENANCE

23 For necessary expenses for the operation, mainte24 nance and security of the John F. Kennedy Center for 

25 the Performing Arts, $23,200,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

621 

•HR 3671 IH

1 CAPITAL REPAIR AND RESTORATION

2 For necessary expenses for capital repair and restora3 tion of the existing features of the building and site of 

4 the John F. Kennedy Center for the Performing Arts, 

5 $13,650,000, to remain available until expended. 

6 WOODROW WILSON INTERNATIONAL CENTER FOR

7 SCHOLARS

8 SALARIES AND EXPENSES

9 For expenses necessary in carrying out the provisions 

10 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

11 1356) including hire of passenger vehicles and services as 

12 authorized by 5 U.S.C. 3109, $11,005,000, to remain 

13 available until September 30, 2013. 

14 NATIONAL FOUNDATION ON THE ARTS AND THE

15 HUMANITIES

16 NATIONAL ENDOWMENT FOR THE ARTS

17 GRANTS AND ADMINISTRATION

18 For necessary expenses to carry out the National 

19 Foundation on the Arts and the Humanities Act of 1965, 

20 $146,255,000 shall be available to the National Endow21 ment for the Arts for the support of projects and produc22 tions in the arts, including arts education and public out23 reach activities, through assistance to organizations and 

24 individuals pursuant to section 5 of the Act, for program 

mstockstill on DSK4VPTVN1PROD with BILLS

622 

•HR 3671 IH

1 support, and for administering the functions of the Act, 

2 to remain available until expended. 

3 NATIONAL ENDOWMENT FOR THE HUMANITIES

4 GRANTS AND ADMINISTRATION

5 For necessary expenses to carry out the National 

6 Foundation on the Arts and the Humanities Act of 1965, 

7 $146,255,000, to remain available until expended, of 

8 which $135,500,000 shall be available for support of ac9 tivities in the humanities, pursuant to section 7(c) of the 

10 Act and for administering the functions of the Act; and 

11 $10,755,000 shall be available to carry out the matching 

12 grants program pursuant to section 10(a)(2) of the Act 

13 including $8,370,000 for the purposes of section 7(h): 

14 Provided, That appropriations for carrying out section 

15 10(a)(2) shall be available for obligation only in such 

16 amounts as may be equal to the total amounts of gifts, 

17 bequests, and devises of money, and other property accept18 ed by the chairman or by grantees of the Endowment 

19 under the provisions of subsections 11(a)(2)(B) and 

20 11(a)(3)(B) during the current and preceding fiscal years 

21 for which equal amounts have not previously been appro22 priated. 

23 ADMINISTRATIVE PROVISIONS

24 None of the funds appropriated to the National 

25 Foundation on the Arts and the Humanities may be used 

mstockstill on DSK4VPTVN1PROD with BILLS

623 

•HR 3671 IH

1 to process any grant or contract documents which do not 

2 include the text of 18 U.S.C. 1913: Provided, That none 

3 of the funds appropriated to the National Foundation on 

4 the Arts and the Humanities may be used for official re5 ception and representation expenses: Provided further, 

6 That funds from nonappropriated sources may be used as 

7 necessary for official reception and representation ex8 penses: Provided further, That the Chairperson of the Na9 tional Endowment for the Arts may approve grants of up 

10 to $10,000, if in the aggregate this amount does not ex11 ceed 5 percent of the sums appropriated for grantmaking 

12 purposes per year: Provided further, That such small grant 

13 actions are taken pursuant to the terms of an expressed 

14 and direct delegation of authority from the National Coun15 cil on the Arts to the Chairperson. 

16 COMMISSION OF FINE ARTS

17 SALARIES AND EXPENSES

18 For expenses of the Commission of Fine Arts under 

19 Chapter 91 of title 40, United States Code, $2,400,000: 

20 Provided, That the Commission is authorized to charge 

21 fees to cover the full costs of its publications, and such 

22 fees shall be credited to this account as an offsetting col23 lection, to remain available until expended without further 

24 appropriation: Provided further, That the Commission is 

25 authorized to accept gifts, including objects, papers, artmstockstill on DSK4VPTVN1PROD with BILLS

624 

•HR 3671 IH

1 work, drawings and artifacts, that pertain to the history 

2 and design of the Nation’s Capital or the history and ac3 tivities of the Commission of Fine Arts, for the purpose 

4 of artistic display, study or education. 

5 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

6 For necessary expenses as authorized by Public Law 

7 99–190 (20 U.S.C. 956a), as amended, $2,000,000. 

8 ADMINISTRATIVE PROVISION

9 The item relating to ‘‘National Capital Arts and Cul10 tural Affairs’’ in the Department of the Interior and Re11 lated Agencies Appropriations Act, 1986, as enacted into 

12 law by section 101(d) of Public Law 99–190 (99 Stat. 

13 1261; 20 U.S.C. 956a) is amended— 

14 (1) by deleting the last sentence in the second 

15 paragraph and replacing it with the following: ‘‘Each 

16 eligible organization must have its principal place of 

17 business in the District of Columbia and in a facility 

18 or facilities located in the District of Columbia.’’; 

19 and 

20 (2) in the third paragraph, by deleting ‘‘in addi21 tion to those herein named’’ at the end of the sen22 tence. 

mstockstill on DSK4VPTVN1PROD with BILLS

625 

•HR 3671 IH

1 ADVISORY COUNCIL ON HISTORIC PRESERVATION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Advisory Council on 

4 Historic Preservation (Public Law 89–665, as amended), 

5 $6,108,000. 

6 NATIONAL CAPITAL PLANNING COMMISSION

7 SALARIES AND EXPENSES

8 For necessary expenses of the National Capital Plan9 ning Commission under chapter 87 of title 40, United 

10 States Code, including services as authorized by 5 U.S.C. 

11 3109, $8,154,000: Provided, That one-quarter of 1 per12 cent of the funds provided under this heading may be used 

13 for official reception and representational expenses associ14 ated with hosting international visitors engaged in the 

15 planning and physical development of world capitals. 

16 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

17 HOLOCAUST MEMORIAL MUSEUM

18 For expenses of the Holocaust Memorial Museum, as 

19 authorized by Public Law 106–292 (36 U.S.C. 2301– 

20 2310), $50,798,000, of which $515,000 shall remain 

21 available until September 30, 2014, for the Museum’s 

22 equipment replacement program; and of which $1,900,000 

23 for the Museum’s repair and rehabilitation program and 

24 $1,264,000 for the Museum’s outreach initiatives program 

25 shall remain available until expended. 

mstockstill on DSK4VPTVN1PROD with BILLS

626 

•HR 3671 IH

1 PRESIDIO TRUST

2 PRESIDIO TRUST FUND

3 For necessary expenses to carry out title I of the Om4 nibus Parks and Public Lands Management Act of 1996, 

5 $12,000,000 shall be available to the Presidio Trust, to 

6 remain available until expended. 

7 DWIGHT D. EISENHOWER MEMORIAL COMMISSION

8 SALARIES AND EXPENSES

9 For necessary expenses, including the costs of con10 struction design, of the Dwight D. Eisenhower Memorial 

11 Commission, $2,000,000, to remain available until ex12 pended. 

13 CAPITAL CONSTRUCTION

14 For necessary expenses of the Dwight D. Eisenhower 

15 Memorial Commission for design and construction of a 

16 memorial in honor of Dwight D. Eisenhower, as author17 ized by Public Law 106–79, $30,990,000, to remain avail18 able until expended: Provided, That beginning in fiscal 

19 year 2012 and thereafter, any procurement for the con20 struction of the permanent memorial to Dwight D. Eisen21 hower, as authorized by section 8162 of the Department 

22 of Defense Appropriations Act, 2000 (16 U.S.C. 431 note; 

23 Public Law 106–79), as amended by section 8120 of the 

24 Department of Defense Appropriations Act, 2002 (Public 

25 Law 107–117), may be issued which includes the full 

mstockstill on DSK4VPTVN1PROD with BILLS

627 

•HR 3671 IH

1 scope of the project: Provided further, That the solicitation 

2 and contract with respect to the procurement shall contain 

3 the ‘‘availability of funds’’ clause described in section 

4 52.232.18 of title 48, Code of Federal Regulations: Pro5 vided further, That the funds appropriated herein shall be 

6 deemed to satisfy the criteria for issuing a permit con7 tained in 40 U.S.C. 8906(a)(4) and (b). 

mstockstill on DSK4VPTVN1PROD with BILLS

628 

•HR 3671 IH

1 TITLE IV—GENERAL PROVISIONS 

2

3 (INCLUDING TRANSFERS OF FUNDS)

4 LIMITATION ON CONSULTING SERVICES

5 SEC. 401. The expenditure of any appropriation 

6 under this Act for any consulting service through procure7 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

8 to those contracts where such expenditures are a matter 

9 of public record and available for public inspection, except 

10 where otherwise provided under existing law, or under ex11 isting Executive order issued pursuant to existing law. 

12 RESTRICTION ON USE OF FUNDS

13 SEC. 402. No part of any appropriation contained in 

14 this Act shall be available for any activity or the publica15 tion or distribution of literature that in any way tends to 

16 promote public support or opposition to any legislative 

17 proposal on which Congressional action is not complete 

18 other than to communicate to Members of Congress as 

19 described in 18 U.S.C. 1913. 

20 OBLIGATION OF APPROPRIATIONS

21 SEC. 403. No part of any appropriation contained in 

22 this Act shall remain available for obligation beyond the 

23 current fiscal year unless expressly so provided herein. 

mstockstill on DSK4VPTVN1PROD with BILLS

629 

•HR 3671 IH

1 PROHIBITION ON USE OF FUNDS FOR PERSONAL

2 SERVICES

3 SEC. 404. None of the funds provided in this Act to 

4 any department or agency shall be obligated or expended 

5 to provide a personal cook, chauffeur, or other personal 

6 servants to any officer or employee of such department 

7 or agency except as otherwise provided by law. 

8 DISCLOSURE OF ADMINISTRATIVE EXPENSES

9 SEC. 405. Estimated overhead charges, deductions, 

10 reserves or holdbacks from programs, projects, activities 

11 and subactivities to support government-wide, depart12 mental, agency, or bureau administrative functions or 

13 headquarters, regional, or central operations shall be pre14 sented in annual budget justifications and subject to ap15 proval by the Committees on Appropriations of the House 

16 of Representatives and the Senate. Changes to such esti17 mates shall be presented to the Committees on Appropria18 tions for approval. 

19 GIANT SEQUOIA

20 SEC. 406. None of the funds in this Act may be used 

21 to plan, prepare, or offer for sale timber from trees classi22 fied as giant sequoia (Sequoiadendron giganteum) which 

23 are located on National Forest System or Bureau of Land 

24 Management lands in a manner different than such sales 

25 were conducted in fiscal year 2011. 

mstockstill on DSK4VPTVN1PROD with BILLS

630 

•HR 3671 IH

1 MINING APPLICATIONS

2 SEC. 407. (a) LIMITATION OF FUNDS.—None of the 

3 funds appropriated or otherwise made available pursuant 

4 to this Act shall be obligated or expended to accept or 

5 process applications for a patent for any mining or mill 

6 site claim located under the general mining laws. 

7 (b) EXCEPTIONS.—Subsection (a) shall not apply if 

8 the Secretary of the Interior determines that, for the claim 

9 concerned (1) a patent application was filed with the Sec10 retary on or before September 30, 1994; and (2) all re11 quirements established under sections 2325 and 2326 of 

12 the Revised Statutes (30 U.S.C. 29 and 30) for vein or 

13 lode claims, sections 2329, 2330, 2331, and 2333 of the 

14 Revised Statutes (30 U.S.C. 35, 36, and 37) for placer 

15 claims, and section 2337 of the Revised Statutes (30 

16 U.S.C. 42) for mill site claims, as the case may be, were 

17 fully complied with by the applicant by that date. 

18 (c) REPORT.—On September 30, 2013, the Secretary 

19 of the Interior shall file with the House and Senate Com20 mittees on Appropriations and the Committee on Natural 

21 Resources of the House and the Committee on Energy and 

22 Natural Resources of the Senate a report on actions taken 

23 by the Department under the plan submitted pursuant to 

24 section 314(c) of the Department of the Interior and Remstockstill on DSK4VPTVN1PROD with BILLS

631 

•HR 3671 IH

1 lated Agencies Appropriations Act, 1997 (Public Law 

2 104–208). 

3 (d) MINERAL EXAMINATIONS.—In order to process 

4 patent applications in a timely and responsible manner, 

5 upon the request of a patent applicant, the Secretary of 

6 the Interior shall allow the applicant to fund a qualified 

7 third-party contractor to be selected by the Director of the 

8 Bureau of Land Management to conduct a mineral exam9 ination of the mining claims or mill sites contained in a 

10 patent application as set forth in subsection (b). The Bu11 reau of Land Management shall have the sole responsi12 bility to choose and pay the third-party contractor in ac13 cordance with the standard procedures employed by the 

14 Bureau of Land Management in the retention of third15 party contractors. 

16 CONTRACT SUPPORT COSTS

17 SEC. 408. Notwithstanding any other provision of 

18 law, amounts appropriated to or otherwise designated in 

19 committee reports for the Bureau of Indian Affairs and 

20 the Indian Health Service by Public Laws 103–138, 103– 

21 332, 104–134, 104–208, 105–83, 105–277, 106–113, 

22 106–291, 107–63, 108–7, 108–108, 108–447, 109–54, 

23 109–289, division B and Continuing Appropriations Reso24 lution, 2007 (division B of Public Law 109–289, as 

25 amended by Public Laws 110–5 and 110–28), Public 

mstockstill on DSK4VPTVN1PROD with BILLS

632 

•HR 3671 IH

1 Laws 110–92, 110–116, 110–137, 110–149, 110–161, 

2 110–329, 111–6, 111–8, 111–88, and 112–10 for pay3 ments for contract support costs associated with self-de4 termination or self-governance contracts, grants, com5 pacts, or annual funding agreements with the Bureau of 

6 Indian Affairs or the Indian Health Service as funded by 

7 such Acts, are the total amounts available for fiscal years 

8 1994 through 2011 for such purposes, except that the Bu9 reau of Indian Affairs, tribes and tribal organizations may 

10 use their tribal priority allocations for unmet contract sup11 port costs of ongoing contracts, grants, self-governance 

12 compacts, or annual funding agreements. 

13 FOREST MANAGEMENT PLANS

14 SEC. 409. The Secretary of Agriculture shall not be 

15 considered to be in violation of subparagraph 6(f)(5)(A) 

16 of the Forest and Rangeland Renewable Resources Plan17 ning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because 

18 more than 15 years have passed without revision of the 

19 plan for a unit of the National Forest System. Nothing 

20 in this section exempts the Secretary from any other re21 quirement of the Forest and Rangeland Renewable Re22 sources Planning Act (16 U.S.C. 1600 et seq.) or any 

23 other law: Provided, That if the Secretary is not acting 

24 expeditiously and in good faith, within the funding avail25 able, to revise a plan for a unit of the National Forest 

mstockstill on DSK4VPTVN1PROD with BILLS

633 

•HR 3671 IH

1 System, this section shall be void with respect to such plan 

2 and a court of proper jurisdiction may order completion 

3 of the plan on an accelerated basis. 

4 PROHIBITION WITHIN NATIONAL MONUMENTS

5 SEC. 410. No funds provided in this Act may be ex6 pended to conduct preleasing, leasing and related activities 

7 under either the Mineral Leasing Act (30 U.S.C. 181 et 

8 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 

9 1331 et seq.) within the boundaries of a National Monu10 ment established pursuant to the Act of June 8, 1906 (16 

11 U.S.C. 431 et seq.) as such boundary existed on January 

12 20, 2001, except where such activities are allowed under 

13 the Presidential proclamation establishing such monu14 ment. 

15 AMENDMENTS TO THE TEMPORARY EMERGENCY

16 WILDFIRE SUPPRESSION ACT

17 SEC. 411. The Temporary Emergency Wildfire Sup18 pression Act (42 U.S.C. 1856m et seq.) is amended— 

19 (1) in the first section (42 U.S.C. 1856m 

20 note)— 

21 (A) by striking ‘‘That this’’ and inserting 

22 the following: 

23 ‘‘SECTION 1. SHORT TITLE. 

24 ‘‘This’’; and 

25 (B) by striking ‘‘Temporary’’; 

mstockstill on DSK4VPTVN1PROD with BILLS

634 

•HR 3671 IH

1 (2) by striking section 2 (42 U.S.C. 1856m) 

2 and inserting the following: 

3 ‘‘SEC. 2. DEFINITIONS. 

4 ‘‘In this Act: 

5 ‘‘(1) ASSUME ANY AND ALL LIABILITY.—The 

6 term ‘assume any and all liability’ means— 

7 ‘‘(A) the payment of— 

8 ‘‘(i) any judgment, settlement, fine, 

9 penalty, or cost assessment (including pre10 vailing party legal fees) associated with the 

11 applicable litigation; and 

12 ‘‘(ii) any cost incurred in handling the 

13 applicable litigation (including legal fees); 

14 and 

15 ‘‘(B) with respect to a Federal firefighter, 

16 arranging for, and paying the costs of, rep17 resentation in the applicable litigation. 

18 ‘‘(2) FEDERAL FIREFIGHTER.—The term ‘Fed19 eral firefighter’ means an individual furnished by the 

20 Secretary of Agriculture or the Secretary of the In21 terior under an agreement entered into under sec22 tion 3. 

23 ‘‘(3) FOREIGN FIRE ORGANIZATION.—The term 

24 ‘foreign fire organization’ means any foreign governmstockstill on DSK4VPTVN1PROD with BILLS

635 

•HR 3671 IH

1 mental, public, or private entity that has wildfire 

2 protection resources. 

3 ‘‘(4) FOREIGN FIREFIGHTER.—The term ‘for4 eign firefighter’ means an individual furnished by a 

5 foreign fire organization under an agreement entered 

6 into under section 3. 

7 ‘‘(5) WILDFIRE.—The term ‘wildfire’ means 

8 any forest or range fire. 

9 ‘‘(6) WILDFIRE PROTECTION RESOURCES.—The 

10 term ‘wildfire protection resources’ means any per11 sonnel, supplies, equipment, or other resources re12 quired for wildfire presuppression and suppression 

13 activities.’’; 

14 (3) in section 3 (42 U.S.C. 1856n)— 

15 (A) in subsection (a)— 

16 (i) by striking ‘‘(a)(1) The Secretary 

17 of Agriculture’’ and inserting the following: 

18 ‘‘(a) EXCHANGE OF WILDFIRE PROTECTION RE19 SOURCES UNDER A RECIPROCAL AGREEMENT WITH A

20 FOREIGN FIRE ORGANIZATION.— 

21 ‘‘(1) AUTHORITY TO ENTER INTO A RECIP22 ROCAL AGREEMENT.—The Secretary of Agri23 culture’’; and 

mstockstill on DSK4VPTVN1PROD with BILLS

636 

•HR 3671 IH

1 (ii) in paragraph (2), by striking ‘‘(2) 

2 Any agreement’’ and inserting the fol3 lowing: 

4 ‘‘(2) REQUIREMENTS FOR A RECIPROCAL

5 AGREEMENT.—Any agreement’’; 

6 (B) in subsection (b)— 

7 (i) by striking ‘‘(b) In the absence’’ 

8 and inserting the following: 

9 ‘‘(b) EXCHANGE OF WILDFIRE PROTECTION RE10 SOURCES WITHOUT A RECIPROCAL AGREEMENT.—In the 

11 absence’’; and 

12 (ii) in paragraph (1), by striking 

13 ‘‘United States, and’’ and inserting 

14 ‘‘United States; and’’; 

15 (C) in subsection (c), by striking ‘‘(c) Not16 withstanding’’ and inserting the following: 

17 ‘‘(c) REIMBURSEMENT UNDER AGREEMENTS WITH

18 CANADA.—Notwithstanding’’; and 

19 (D) in subsection (d)— 

20 (i) by striking, ‘‘(d) Any service’’ and 

21 inserting the following: 

22 ‘‘(d) SERVICE PERFORMED UNDER THIS ACT BY

23 FEDERAL EMPLOYEES.— 

24 ‘‘(1) IN GENERAL.—Any service’’; and 

mstockstill on DSK4VPTVN1PROD with BILLS

637 

•HR 3671 IH

1 (ii) in the second sentence, by striking 

2 ‘‘The’’ and inserting the following: 

3 ‘‘(2) EFFECT.—Except as provided in section 4, 

4 the’’; 

5 (4) by redesignating section 4 (42 U.S.C. 

6 1856o) as section 5; 

7 (5) by inserting after section 3 the following: 

8 ‘‘SEC. 4. RECIPROCAL AGREEMENTS WITH LIABILITY COV9 ERAGE. 

10 ‘‘(a) PROTECTION FROM LIABILITY FOR FOREIGN

11 FIREFIGHTERS AND FOREIGN FIRE ORGANIZATIONS.— 

12 Subject to subsection (b), in an agreement with a foreign 

13 fire organization entered into under section 3, the Sec14 retary of Agriculture and the Secretary of the Interior 

15 may provide that— 

16 ‘‘(1) a foreign firefighter shall be considered to 

17 be an employee of the United States for purposes of 

18 tort liability while the foreign firefighter is acting 

19 within the scope of an official duty under the agree20 ment; and 

21 ‘‘(2) any claim against the foreign fire organi22 zation or any legal organization associated with the 

23 foreign firefighter that arises out of an act or omis24 sion of the foreign firefighter in the performance of 

25 an official duty under the agreement, or that arises 

mstockstill on DSK4VPTVN1PROD with BILLS

638 

•HR 3671 IH

1 out of any other act, omission, or occurrence for 

2 which the foreign fire organization or legal organiza3 tion associated with the foreign firefighter is legally 

4 responsible under applicable law, may be prosecuted 

5 only— 

6 ‘‘(A) against the United States; and 

7 ‘‘(B) as if the act or omission were the act 

8 or omission of an employee of the United 

9 States. 

10 ‘‘(b) PROTECTION FROM LIABILITY FOR FEDERAL

11 FIREFIGHTERS AND THE FEDERAL GOVERNMENT.—The 

12 Secretary of Agriculture and the Secretary of the Interior 

13 may provide the protections under subsection (a) if the 

14 foreign fire organization agrees— 

15 ‘‘(1) to assume any and all liability for any 

16 legal action brought against the Federal firefighter 

17 for an act or omission of the Federal firefighter 

18 while acting within the scope of an official duty 

19 under the agreement; and 

20 ‘‘(2) to the extent the United States or any 

21 legal organization associated with the Federal fire22 fighter is not entitled to immunity from the jurisdic23 tion of the courts having jurisdiction over the foreign 

24 fire organization receiving the services of the Fed25 eral firefighters, to assume any and all liability for 

mstockstill on DSK4VPTVN1PROD with BILLS

639 

•HR 3671 IH

1 any legal action brought against the United States 

2 or the legal organization arising out of— 

3 ‘‘(A) an act or omission of the Federal 

4 firefighter in the performance of an official 

5 duty under the agreement; or 

6 ‘‘(B) any other act, omission, or occurrence 

7 for which the United States or the legal organi8 zation associated with the Federal firefighter is 

9 legally responsible under the laws applicable to 

10 the foreign fire organization.’’; and 

11 (6) in section 5 (as redesignated by paragraph 

12 (4))— 

13 (A) by striking ‘‘under section 3(c)’’ and 

14 inserting ‘‘under this Act’’; and 

15 (B) in the proviso— 

16 (i) by striking ‘‘wildfire protection re17 sources or personnel’’ each place it appears 

18 and inserting ‘‘wildfire protection resources 

19 (including personnel)’’; 

20 (ii) by inserting ‘‘for wildfire suppres21 sion activities’’ before ‘‘unless’’; and 

22 (iii) by striking ‘‘provide wildfire pro23 tection’’ and inserting ‘‘provide wildfire 

24 suppression’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

640 

•HR 3671 IH

1 CONTRACTING AUTHORITIES

2 SEC. 412. In awarding a Federal contract with funds 

3 made available by this Act, notwithstanding Federal Gov4 ernment procurement and contracting laws, the Secretary 

5 of Agriculture and the Secretary of the Interior (the ‘‘Sec6 retaries’’) may, in evaluating bids and proposals, through 

7 fiscal year 2013, give consideration to local contractors 

8 who are from, and who provide employment and training 

9 for, dislocated and displaced workers in an economically 

10 disadvantaged rural community, including those histori11 cally timber-dependent areas that have been affected by 

12 reduced timber harvesting on Federal lands and other for13 est-dependent rural communities isolated from significant 

14 alternative employment opportunities: Provided, That not15 withstanding Federal Government procurement and con16 tracting laws the Secretaries may award contracts, grants 

17 or cooperative agreements to local non-profit entities, 

18 Youth Conservation Corps or related partnerships with 

19 State, local or non-profit youth groups, or small or micro20 business or disadvantaged business: Provided further, That 

21 the contract, grant, or cooperative agreement is for forest 

22 hazardous fuels reduction, watershed or water quality 

23 monitoring or restoration, wildlife or fish population moni24 toring, road decommissioning, trail maintenance or im25 provement, or habitat restoration or management: Promstockstill on DSK4VPTVN1PROD with BILLS

641 

•HR 3671 IH

1 vided further, That the terms ‘‘rural community’’ and 

2 ‘‘economically disadvantaged’’ shall have the same mean3 ings as in section 2374 of Public Law 101–624 (16 U.S.C. 

4 6612): Provided further, That the Secretaries shall develop 

5 guidance to implement this section: Provided further, That 

6 nothing in this section shall be construed as relieving the 

7 Secretaries of any duty under applicable procurement 

8 laws, except as provided in this section. 

9 LIMITATION ON TAKINGS

10 SEC. 413. Unless otherwise provided herein, no funds 

11 appropriated in this Act for the acquisition of lands or 

12 interests in lands may be expended for the filing of dec13 larations of taking or complaints in condemnation without 

14 the approval of the House and Senate Committees on Ap15 propriations: Provided, That this provision shall not apply 

16 to funds appropriated to implement the Everglades Na17 tional Park Protection and Expansion Act of 1989, or to 

18 funds appropriated for Federal assistance to the State of 

19 Florida to acquire lands for Everglades restoration pur20 poses. 

21 TIMBER SALE REQUIREMENTS

22 SEC. 414. No timber sale in Alaska’s Region 10 shall 

23 be advertised if the indicated rate is deficit (defined as 

24 the value of the timber is not sufficient to cover all logging 

25 and stumpage costs and provide a normal profit and risk 

mstockstill on DSK4VPTVN1PROD with BILLS

642 

•HR 3671 IH

1 allowance under the Forest Service’s appraisal process) 

2 when appraised using a residual value appraisal. The west3 ern red cedar timber from those sales which is surplus 

4 to the needs of the domestic processors in Alaska, shall 

5 be made available to domestic processors in the contiguous 

6 48 United States at prevailing domestic prices. All addi7 tional western red cedar volume not sold to Alaska or con8 tiguous 48 United States domestic processors may be ex9 ported to foreign markets at the election of the timber sale 

10 holder. All Alaska yellow cedar may be sold at prevailing 

11 export prices at the election of the timber sale holder. 

12 EXTENSION OF GRAZING PERMITS

13 SEC. 415. The terms and conditions of section 325 

14 of Public Law 108–108 (117 Stat. 1307), regarding graz15 ing permits at the Department of the Interior and the 

16 Forest Service, shall remain in effect for fiscal years 2012 

17 and 2013. A grazing permit or lease issued by the Sec18 retary of the Interior for lands administered by the Bu19 reau of Land Management that is the subject of a request 

20 for a grazing preference transfer shall be issued, without 

21 further processing, for the remaining time period in the 

22 existing permit or lease using the same mandatory terms 

23 and conditions. If the authorized officer determines a 

24 change in the mandatory terms and conditions is required, 

mstockstill on DSK4VPTVN1PROD with BILLS

643 

•HR 3671 IH

1 the new permit must be processed as directed in section 

2 325 of Public Law 108–108. 

3 PROHIBITION ON NO-BID CONTRACTS

4 SEC. 416. None of the funds appropriated or other5 wise made available by this Act to executive branch agen6 cies may be used to enter into any Federal contract unless 

7 such contract is entered into in accordance with the re8 quirements of Chapter 33 of title 41, United States Code, 

9 or Chapter 137 of title 10, United States Code, and the 

10 Federal Acquisition Regulation, unless— 

11 (1) Federal law specifically authorizes a con12 tract to be entered into without regard for these re13 quirements, including formula grants for States, or 

14 federally recognized Indian tribes; or 

15 (2) such contract is authorized by the Indian 

16 Self-Determination and Education and Assistance 

17 Act (Public Law 93–638, 25 U.S.C. 450 et seq., as 

18 amended) or by any other Federal laws that specifi19 cally authorize a contract within an Indian tribe as 

20 defined in section 4(e) of that Act (25 U.S.C. 

21 450b(e)); or 

22 (3) such contract was awarded prior to the date 

23 of enactment of this Act. 

mstockstill on DSK4VPTVN1PROD with BILLS

644 

•HR 3671 IH

1 POSTING OF REPORTS

2 SEC. 417. (a) Any agency receiving funds made avail3 able in this Act, shall, subject to subsections (b) and (c), 

4 post on the public website of that agency any report re5 quired to be submitted by the Congress in this or any 

6 other Act, upon the determination by the head of the agen7 cy that it shall serve the national interest. 

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

9 (1) the public posting of the report com10 promises national security; or 

11 (2) the report contains proprietary information. 

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

13 do so only after such report has been made available to 

14 the requesting Committee or Committees of Congress for 

15 no less than 45 days. 

16 NATIONAL ENDOWMENT FOR THE ARTS GRANT

17 GUIDELINES

18 SEC. 418. Of the funds provided to the National En19 dowment for the Arts— 

20 (1) The Chairperson shall only award a grant 

21 to an individual if such grant is awarded to such in22 dividual for a literature fellowship, National Herit23 age Fellowship, or American Jazz Masters Fellow24 ship. 

mstockstill on DSK4VPTVN1PROD with BILLS

645 

•HR 3671 IH

1 (2) The Chairperson shall establish procedures 

2 to ensure that no funding provided through a grant, 

3 except a grant made to a State or local arts agency, 

4 or regional group, may be used to make a grant to 

5 any other organization or individual to conduct ac6 tivity independent of the direct grant recipient. 

7 Nothing in this subsection shall prohibit payments 

8 made in exchange for goods and services. 

9 (3) No grant shall be used for seasonal support 

10 to a group, unless the application is specific to the 

11 contents of the season, including identified programs 

12 and/or projects. 

13 NATIONAL ENDOWMENT FOR THE ARTS PROGRAM

14 PRIORITIES

15 SEC. 419. (a) In providing services or awarding fi16 nancial assistance under the National Foundation on the 

17 Arts and the Humanities Act of 1965 from funds appro18 priated under this Act, the Chairperson of the National 

19 Endowment for the Arts shall ensure that priority is given 

20 to providing services or awarding financial assistance for 

21 projects, productions, workshops, or programs that serve 

22 underserved populations. 

23 (b) In this section: 

24 (1) The term ‘‘underserved population’’ means 

25 a population of individuals, including urban minorimstockstill on DSK4VPTVN1PROD with BILLS

646 

•HR 3671 IH

1 ties, who have historically been outside the purview 

2 of arts and humanities programs due to factors such 

3 as a high incidence of income below the poverty line 

4 or to geographic isolation. 

5 (2) The term ‘‘poverty line’’ means the poverty 

6 line (as defined by the Office of Management and 

7 Budget, and revised annually in accordance with sec8 tion 673(2) of the Community Services Block Grant 

9 Act (42 U.S.C. 9902(2))) applicable to a family of 

10 the size involved. 

11 (c) In providing services and awarding financial as12 sistance under the National Foundation on the Arts and 

13 Humanities Act of 1965 with funds appropriated by this 

14 Act, the Chairperson of the National Endowment for the 

15 Arts shall ensure that priority is given to providing serv16 ices or awarding financial assistance for projects, produc17 tions, workshops, or programs that will encourage public 

18 knowledge, education, understanding, and appreciation of 

19 the arts. 

20 (d) With funds appropriated by this Act to carry out 

21 section 5 of the National Foundation on the Arts and Hu22 manities Act of 1965— 

23 (1) the Chairperson shall establish a grant cat24 egory for projects, productions, workshops, or promstockstill on DSK4VPTVN1PROD with BILLS

647 

•HR 3671 IH

1 grams that are of national impact or availability or 

2 are able to tour several States; 

3 (2) the Chairperson shall not make grants ex4 ceeding 15 percent, in the aggregate, of such funds 

5 to any single State, excluding grants made under the 

6 authority of paragraph (1); 

7 (3) the Chairperson shall report to the Con8 gress annually and by State, on grants awarded by 

9 the Chairperson in each grant category under sec10 tion 5 of such Act; and 

11 (4) the Chairperson shall encourage the use of 

12 grants to improve and support community-based 

13 music performance and education. 

14 USE OF COMPETITIVE GRANT FUNDS

15 SEC. 420. Section 6(d) of Public Law 96–297 (16 

16 U.S.C. 431 note), as added by section 101 of Public Law 

17 108–126, is amended by inserting ‘‘, except funds awarded 

18 through competitive grants,’’ after ‘‘No Federal funds’’. 

19 FOREST SERVICE FACILITY REALIGNMENT AND

20 ENHANCEMENT

21 SEC. 421. Section 503(f) of the Forest Service Re22 alignment and Enhancement Act of 2005 (title V of Public 

23 Law 109–54; 16 U.S.C. 580d note), as amended by sec24 tion 422(1) of Public Law 111–8 (123 Stat. 748), is fur25 ther amended by striking ‘‘2011’’ and inserting ‘‘2016’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

648 

•HR 3671 IH

1 SERVICE FIRST

2 SEC. 422. Section 330 of the Department of the Inte3 rior and Related Agencies Appropriations Act, 2001 (Pub4 lic Law 106–291; 114 Stat. 996; 43 U.S.C. 1701 note), 

5 concerning Service First authorities, as amended by sec6 tion 428 of Public Law 109–54 (119 Stat. 555–556) and 

7 section 418 of Public Law 111–8 (123 Stat. 747), is 

8 amended— 

9 (1) by striking in the first sentence ‘‘In fiscal 

10 years 2001 through 2011’’, and inserting ‘‘In fiscal 

11 year 2012 and each fiscal year thereafter’’; and 

12 (2) by striking in the first sentence ‘‘pilot pro13 grams’’ and inserting ‘‘programs’’. 

14 FEDERAL, STATE, COOPERATIVE FOREST, RANGE-LAND

15 AND WATERSHED RESTORATION IN UTAH

16 SEC. 423. The authority provided by section 337 of 

17 the Department of the Interior and Related Agencies Ap18 propriations Act, 2005 (Public Law 108–447; 118 Stat. 

19 3012), as amended, shall remain in effect until September 

20 30, 2013. 

21 STATUS OF BALANCES OF APPROPRIATIONS

22 SEC. 424. The Department of the Interior, the Envi23 ronmental Protection Agency, the Forest Service, and the 

24 Indian Health Service shall provide the Committees on 

25 Appropriations of the House of Representatives and Senmstockstill on DSK4VPTVN1PROD with BILLS

649 

•HR 3671 IH

1 ate quarterly reports on the status of balances of appro2 priations including all uncommitted, committed, and unob3 ligated funds in each program and activity. 

4 REPORT ON USE OF CLIMATE CHANGE FUNDS

5 SEC. 425. Not later than 120 days after the date on 

6 which the President’s fiscal year 2013 budget request is 

7 submitted to Congress, the President shall submit a com8 prehensive report to the Committee on Appropriations of 

9 the House of Representatives and the Committee on Ap10 propriations of the Senate describing in detail all Federal 

11 agency funding, domestic and international, for climate 

12 change programs, projects and activities in fiscal year 

13 2011, including an accounting of funding by agency with 

14 each agency identifying climate change programs, projects 

15 and activities and associated costs by line item as pre16 sented in the President’s Budget Appendix, and including 

17 citations and linkages where practicable to each strategic 

18 plan that is driving funding within each climate change 

19 program, project and activity listed in the report. 

20 PROHIBITION ON USE OF FUNDS

21 SEC. 426. Notwithstanding any other provision of 

22 law, none of the funds made available in this Act or any 

23 other Act may be used to promulgate or implement any 

24 regulation requiring the issuance of permits under title V 

25 of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon 

mstockstill on DSK4VPTVN1PROD with BILLS

650 

•HR 3671 IH

1 dioxide, nitrous oxide, water vapor, or methane emissions 

2 resulting from biological processes associated with live3 stock production. 

4 GREENHOUSE GAS REPORTING RESTRICTIONS

5 SEC. 427. Notwithstanding any other provision of 

6 law, none of the funds made available in this or any other 

7 Act may be used to implement any provision in a rule, 

8 if that provision requires mandatory reporting of green9 house gas emissions from manure management systems. 

10 FOREST SERVICE PRE-DECISIONAL OBJECTION PROCESS

11 SEC. 428. Hereafter, upon issuance of final regula12 tions, the Secretary of Agriculture, acting through the 

13 Chief of the Forest Service, shall apply section 105(a) of 

14 the Healthy Forests Restoration Act of 2003 (16 U.S.C. 

15 6515(a)), providing for a pre-decisional objection process, 

16 to proposed actions of the Forest Service concerning 

17 projects and activities implementing land and resource 

18 management plans developed under the Forest and Range19 land Renewable Resources Planning Act of 1974 (16 

20 U.S.C. 1600 et seq.), and documented with a Record of 

21 Decision or Decision Notice, in lieu of subsections (c), (d), 

22 and (e) of section 322 of Public Law 102–381 (16 U.S.C. 

23 1612 note), providing for an administrative appeal proc24 ess: Provided, That if the Chief of the Forest Service de25 termines an emergency situation exists for which immemstockstill on DSK4VPTVN1PROD with BILLS

651 

•HR 3671 IH

1 diate implementation of a proposed action is necessary, 

2 the proposed action shall not be subject to the pre3 decisional objection process, and implementation shall 

4 begin immediately after the Forest Service gives notice of 

5 the final decision for the proposed action: Provided further, 

6 That this section shall not apply to an authorized haz7 ardous fuel reduction project under title I of the Healthy 

8 Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.). 

9 SILVICULTURAL ACTIVITIES

10 SEC. 429. From the date of enactment of this Act 

11 until September 30, 2012, the Administrator of the Envi12 ronmental Protection Agency shall not require a permit 

13 under section 402 of the Federal Water Pollution Control 

14 Act (33 U.S.C. 1342), nor shall the Administrator directly 

15 or indirectly require any State to require a permit, for dis16 charges of stormwater runoff from roads, the construc17 tion, use, or maintenance of which are associated with sil18 vicultural activities, or from other silvicultural activities 

19 involving nursery operations, site preparation, reforest20 ation and subsequent cultural treatment, thinning, pre21 scribed burning, pest and fire control, harvesting oper22 ations, or surface drainage. 

23 CLAIM MAINTENANCE FEE AMENDMENTS

24 SEC. 430. Section 10101 of the Omnibus Budget 

25 Reconciliation Act of 1993 (30 U.S.C. 28f) is amended— 

mstockstill on DSK4VPTVN1PROD with BILLS

652 

•HR 3671 IH

1 (1) in subsection (a)— 

2 (A) by striking so much as precedes the 

3 second sentence and inserting the following: 

4 ‘‘(a) CLAIM MAINTENANCE FEE.— 

5 ‘‘(1) LODE MINING CLAIMS, MILL SITES, AND

6 TUNNEL SITES.—The holder of each unpatented lode 

7 mining claim, mill site, or tunnel site, located pursu8 ant to the mining laws of the United States on or 

9 after August 10, 1993, shall pay to the Secretary of 

10 the Interior, on or before September 1 of each year, 

11 to the extent provided in advance in appropriations 

12 Acts, a claim maintenance fee of $100 per claim or 

13 site, respectively.’’; and 

14 (B) by adding at the end the following: 

15 ‘‘(2) PLACER MINING CLAIMS.—The holder of 

16 each unpatented placer mining claim located pursu17 ant to the mining laws of the United States located 

18 before, on, or after August 10, 1993, shall pay to 

19 the Secretary of the Interior, on or before September 

20 1 of each year, the claim maintenance fee described 

21 in subsection (a), for each 20 acres of the placer 

22 claim or portion thereof.’’; and 

23 (2) in subsection (b), by striking the first sen24 tence and inserting the following: ‘‘The claim main25 tenance fee under subsection (a) shall be paid for 

mstockstill on DSK4VPTVN1PROD with BILLS

653 

•HR 3671 IH

1 the year in which the location is made, at the time 

2 the location notice is recorded with the Bureau of 

3 Land Management.’’. 

4 DOMESTIC LIVESTOCK GRAZING

5 SEC. 431. (a) PROHIBITION REGARDING POTENTIAL

6 DOMESTIC SHEEP AND BIGHORN SHEEP CONTACT ON

7 NATIONAL FOREST SYSTEM LAND.—Notwithstanding 

8 any other provision of law or regulation (other than the 

9 Endangered Species Act of 1973 and regulations issued 

10 under such Act), none of the funds made available by this 

11 Act or made available by any other Act for fiscal year 

12 2012 only may be used to carry out— 

13 (1) any new management restrictions on domes14 tic sheep on parcels of National Forest System land 

15 (as defined in the Forest and Rangeland Renewable 

16 Resources Planning Act of 1974 (16 U.S.C. 

17 1609(a))) with potential domestic sheep and bighorn 

18 sheep (whether native or nonnative) contact in ex19 cess of the management restrictions that existed on 

20 July 1, 2011; or 

21 (2) any other agency regulation for managing 

22 bighorn sheep populations on any allotment of such 

23 National Forest System land if the management ac24 tion will result in a reduction in the number of domstockstill on DSK4VPTVN1PROD with BILLS

654 

•HR 3671 IH

1 mestic livestock permitted to graze on the allotment 

2 or in the distribution of livestock on the allotment. 

3 (b) EXCEPTION.—Notwithstanding subsection (a), 

4 the Secretary of Agriculture may make such management 

5 changes as the Secretary determines to be necessary to 

6 manage bighorn sheep if the management changes— 

7 (1) are consistent with the wildlife plans of the 

8 relevant State fish and game agency and determined 

9 in consultation with that agency; and 

10 (2) are developed in consultation with the af11 fected permittees. 

12 (c) BUREAU OF LAND MANAGEMENT LANDS.—In 

13 circumstances involving conflicts between bighorn sheep 

14 and domestic sheep grazing on public lands (as defined 

15 in section 103 of the Federal Land Policy and Manage16 ment Act of 1976 (43 U.S.C. 1702)), the Bureau of Land 

17 Management may only modify or cancel domestic sheep 

18 grazing permits after consulting with the appropriate 

19 State fish and game agency. However, if the State in ques20 tion has an approved State Wildlife Management Plan 

21 that addresses, with specificity, bighorn sheep manage22 ment, then the Bureau of Land Management modification 

23 or cancellation of permits in that State shall conform to 

24 the bighorn sheep management objectives in the State 

25 Wildlife Management Plan, unless conformance would be 

mstockstill on DSK4VPTVN1PROD with BILLS

655 

•HR 3671 IH

1 inconsistent with Federal statute or regulation. The Bu2 reau of Land Management shall be bound by the require3 ments of this subsection until September 30, 2012. 

4 (d) VOLUNTARY CLOSURE OF ALLOTMENTS.—Noth5 ing in this section shall be construed as limiting the vol6 untary closure of existing domestic sheep allotments when 

7 the closure is agreed to in writing between the permittee 

8 and the Secretary of the Interior or the Secretary of Agri9 culture and is carried out for the purpose of reducing con10 flicts between domestic sheep and bighorn sheep. 

11 (e) WAIVER OF GRAZING PERMITS AND LEASES.— 

12 The Secretary of the Interior and the Secretary of Agri13 culture may accept the voluntary waiver of any valid exist14 ing lease or permit authorizing grazing on National Forest 

15 System land described in subsection (a) or public lands 

16 described in subsection (c). If the grazing permit or lease 

17 for a grazing allotment is only partially within the area 

18 of potential domestic sheep and bighorn sheep contact, the 

19 affected permittee may elect to waive only the portion of 

20 the grazing permit or lease that is within that area. The 

21 Secretary concerned shall— 

22 (1) terminate each permit or lease waived or 

23 portion of a permit or lease waived under this sub24 section; 

mstockstill on DSK4VPTVN1PROD with BILLS

656 

•HR 3671 IH

1 (2) ensure a permanent end to domestic sheep 

2 grazing on the land covered by the waived permit or 

3 lease or waived portion of the permit or lease unless 

4 or until there is no conflict with bighorn sheep man5 agement; and 

6 (3) provide for the reimbursement of range im7 provements in compliance with section 4 of the Act 

8 of June 28, 1934 (commonly known as the Taylor 

9 Grazing Act; 43 U.S.C. 315c). 

10 AIR EMISSIONS FROM OUTER CONTINENTAL SHELF

11 ACTIVITIES

12 SEC. 432. (a) It is the purpose of this section to en13 sure that the energy policy of the United States focuses 

14 on the expeditious and orderly development of domestic 

15 energy resources in a manner that protects human health 

16 and the environment. 

17 (b) Section 328(a)(1) of the Clean Air Act (42 U.S.C. 

18 7627(a)(1)) is amended— 

19 (1) in the first sentence, by inserting ‘‘(other 

20 than Outer Continental Shelf sources located off21 shore of the North Slope Borough of the State of 

22 Alaska)’’ after ‘‘Outer Continental Shelf sources lo23 cated offshore of the States along the Pacific, Arctic 

24 and Atlantic Coasts’’; and 

mstockstill on DSK4VPTVN1PROD with BILLS

657 

•HR 3671 IH

1 (2) in the fourth sentence, by inserting ‘‘and 

2 this Act’’ after ‘‘regulations’’. 

3 (c) Section 328(b) of the Clean Air Act (42 U.S.C. 

4 7627(b)) is amended in the first sentence— 

5 (1) by striking ‘‘Gulf Coast’’; and 

6 (2) by inserting ‘‘or are adjacent to the North 

7 Slope Borough of the State of Alaska’’ after ‘‘Ala8 bama’’. 

9 (d) The transfer of air quality permitting authority 

10 pursuant to this section shall not invalidate or stay— 

11 (1) any air quality permit pending or existing 

12 as of the date of the enactment of this Act; or 

13 (2) any proceeding related thereto. 

14 (e)(1) The Comptroller General of the United States 

15 shall undertake a study on the process for air quality per16 mitting in the Outer Continental Shelf. 

17 (2) The study shall consist of a comparison of air 

18 quality permitting for Outer Continental Shelf sources (as 

19 such term is defined in section 328(a)(4) of the Clean Air 

20 Act (42 U.S.C. 7627(a)(4)) by the Department of the In21 terior with such permitting by the Environmental Protec22 tion Agency, taking into account the time elapsed between 

23 application and permit approval, the number of applica24 tions, and the experiences and assessments of the appli25 cants. 

mstockstill on DSK4VPTVN1PROD with BILLS

658 

•HR 3671 IH

1 (3) In carrying out the study, the Comptroller Gen2 eral shall consult with the Administrator of the Environ3 mental Protection Agency, the Secretary of the Interior, 

4 and applicants for air quality permits. 

5 (4) The Comptroller General shall complete the study 

6 and submit a report on the results of the study to the 

7 Congress not later than September 30, 2014. 

8 FUNDING PROHIBITION

9 SEC. 433. None of the funds made available by this 

10 Act may be used to enter into a contract, memorandum 

11 of understanding, or cooperative agreement with, make a 

12 grant to, or provide a loan or loan guarantee to, any cor13 poration that was convicted (or had an officer or agent 

14 of such corporation acting on behalf of the corporation 

15 convicted) of a felony criminal violation under any Federal 

16 law within the preceding 24 months, where the awarding 

17 agency is aware of the conviction, unless the agency has 

18 considered suspension or debarment of the corporation, or 

19 such officer or agent and made a determination that this 

20 further action is not necessary to protect the interests of 

21 the Government. 

22 LIMITATION WITH RESPECT TO DELINQUENT TAX DEBTS

23 SEC. 434. None of the funds made available by this 

24 Act may be used to enter into a contract, memorandum 

25 of understanding, or cooperative agreement with, make a 

mstockstill on DSK4VPTVN1PROD with BILLS

659 

•HR 3671 IH

1 grant to, or provide a loan or loan guarantee to, any cor2 poration with respect to which any unpaid Federal tax li3 ability that has been assessed, for which all judicial and 

4 administrative remedies have been exhausted or have 

5 lapsed, and that is not being paid in a timely manner pur6 suant to an agreement with the authority responsible for 

7 collecting the tax liability, where the awarding agency is 

8 aware of the unpaid tax liability, unless the agency has 

9 considered suspension or debarment of the corporation 

10 and made a determination that this further action is not 

11 necessary to protect the interests of the Government. 

12 ALASKA NATIVE REGIONAL HEALTH ENTITIES

13 SEC. 435. (a) Notwithstanding any other provision 

14 of law and until October 1, 2013, the Indian Health Serv15 ice may not disburse funds for the provision of health care 

16 services pursuant to Public Law 93–638 (25 U.S.C. 450 

17 et seq.) to any Alaska Native village or Alaska Native vil18 lage corporation that is located within the area served by 

19 an Alaska Native regional health entity. 

20 (b) Nothing in this section shall be construed to pro21 hibit the disbursal of funds to any Alaska Native village 

22 or Alaska Native village corporation under any contract 

23 or compact entered into prior to May 1, 2006, or to pro24 hibit the renewal of any such agreement. 

25 (c) For the purpose of this section, Eastern Aleutian 

26 Tribes, Inc., the Council of Athabascan Tribal Governmstockstill on DSK4VPTVN1PROD with BILLS

660 

•HR 3671 IH

1 ments, and the Native Village of Eyak shall be treated 

2 as Alaska Native regional health entities to which funds 

3 may be disbursed under this section. 

4 GENERAL REDUCTION

5 SEC. 436. (a) ACROSS-THE-BOARD RESCISSIONS.— 

6 There is hereby rescinded an amount equal to 0.16 percent 

7 of the budget authority provided for fiscal year 2012 for 

8 any discretionary appropriation in titles I through IV of 

9 this Act. 

10 (b) PROPORTIONATE APPLICATION.—Any rescission 

11 made by subsection (a) shall be applied proportionately— 

12 (1) to each discretionary account and each item 

13 of budget authority described in subsection (a); and 

14 (2) within each such account and item, to each 

15 program, project, and activity (with programs, 

16 projects, and activities as delineated in the appro17 priation Act or accompanying reports for the rel18 evant fiscal year covering such account or item, or 

19 for accounts and items not included in appropriation 

20 Acts, as delineated in the most recently submitted 

21 President’s budget). 

22 (c) INDIAN LAND AND WATER CLAIM SETTLE23 MENTS.—Under the heading ‘‘Bureau of Indian Affairs, 

24 Indian Land and Water Claim Settlements and Miscella25 neous Payments to Indians’’, the across-the-board rescismstockstill on DSK4VPTVN1PROD with BILLS

661 

•HR 3671 IH

1 sion in this section, and any subsequent across-the-board 

2 rescission for fiscal year 2012, shall apply only to the first 

3 dollar amount in the paragraph and the distribution of 

4 the rescission shall be at the discretion of the Secretary 

5 of the Interior who shall submit a report on such distribu6 tion and the rationale therefore to the House and Senate 

7 Committees on Appropriations. 

8 (d) OMB REPORT.—Within 30 days after the date 

9 of the enactment of this section the Director of the Office 

10 of Management and Budget shall submit to the Commit11 tees on Appropriations of the House of Representatives 

12 and the Senate a report specifying the account and 

13 amount of each rescission made pursuant to this section. 

14 This division may be cited as the ‘‘Department of the 

15 Interior, Environment, and Related Agencies Appropria16 tions Act, 2012’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

662 

•HR 3671 IH

1 DIVISION F—DEPARTMENTS OF LABOR, 

2 HEALTH AND HUMAN SERVICES, EDU3 CATION, AND RELATED AGENCIES AP4 PROPRIATIONS ACT, 2012 

5 TITLE I 

6 DEPARTMENT OF LABOR 

7 EMPLOYMENT AND TRAINING ADMINISTRATION

8 TRAINING AND EMPLOYMENT SERVICES

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses of the Workforce Investment 

11 Act of 1998 (referred to in this Act as ‘‘WIA’’), the Sec12 ond Chance Act of 2007, and the Women in Apprentice13 ship and Non-Traditional Occupations Act of 1992 

14 (‘‘WANTO’’), including the purchase and hire of pas15 senger motor vehicles, the construction, alteration, and re16 pair of buildings and other facilities, and the purchase of 

17 real property for training centers as authorized by the 

18 WIA, $3,195,383,000, plus reimbursements, shall be 

19 available. Of the amounts provided: 

20 (1) for grants to States for adult employment 

21 and training activities, youth activities, and dis22 located worker employment and training activities, 

23 $2,605,268,000 as follows: 

24 (A) $770,922,000 for adult employment 

25 and training activities, of which $58,922,000 

mstockstill on DSK4VPTVN1PROD with BILLS

663 

•HR 3671 IH

1 shall be available for the period July 1, 2012, 

2 through June 30, 2013, and of which 

3 $712,000,000 shall be available for the period 

4 October 1, 2012 through June 30, 2013; 

5 (B) $825,914,000 for youth activities, 

6 which shall be available for the period April 1, 

7 2012 through June 30, 2013; and 

8 (C) $1,008,432,000 for dislocated worker 

9 employment and training activities, of which 

10 $148,432,000 shall be available for the period 

11 July 1, 2012 through June 30, 2013, and of 

12 which $860,000,000 shall be available for the 

13 period October 1, 2012 through June 30, 2013: 

14 Provided, That notwithstanding the transfer limita15 tion under section 133(b)(4) of the WIA, up to 30 

16 percent of such funds may be transferred by a local 

17 board if approved by the Governor: Provided further, 

18 That a local board may award a contract to an insti19 tution of higher education or other eligible training 

20 provider if the local board determines that it would 

21 facilitate the training of multiple individuals in high22 demand occupations, if such contract does not limit 

23 customer choice: Provided further, That notwith24 standing section 128(a)(1) of the WIA, the amount 

25 available to the Governor for statewide workforce inmstockstill on DSK4VPTVN1PROD with BILLS

664 

•HR 3671 IH

1 vestment activities shall not exceed 5 percent of the 

2 amount allotted to the State from each of the appro3 priations under the preceding subparagraphs; 

4 (2) for federally administered programs, 

5 $487,053,000 as follows: 

6 (A) $224,112,000 for the dislocated work7 ers assistance national reserve, of which 

8 $24,112,000 shall be available for the period 

9 July 1, 2012 through June 30, 2013, and of 

10 which $200,000,000 shall be available for the 

11 period October 1, 2012 through June 30, 2013: 

12 Provided, That funds provided to carry out sec13 tion 132(a)(2)(A) of the WIA may be used to 

14 provide assistance to a State for statewide or 

15 local use in order to address cases where there 

16 have been worker dislocations across multiple 

17 sectors or across multiple local areas and such 

18 workers remain dislocated; coordinate the State 

19 workforce development plan with emerging eco20 nomic development needs; and train such eligi21 ble dislocated workers: Provided further, That 

22 funds provided to carry out section 171(d) of 

23 the WIA may be used for demonstration 

24 projects that provide assistance to new entrants 

25 in the workforce and incumbent workers: Promstockstill on DSK4VPTVN1PROD with BILLS

665 

•HR 3671 IH

1 vided further, That none of the funds shall be 

2 obligated to carry out section 173(e) of the 

3 WIA; 

4 (B) $47,652,000 for Native American pro5 grams, which shall be available for the period 

6 July 1, 2012 through June 30, 2013; 

7 (C) $84,451,000 for migrant and seasonal 

8 farmworker programs under section 167 of the 

9 WIA, including $78,253,000 for formula grants 

10 (of which not less than 70 percent shall be for 

11 employment and training services), $5,689,000 

12 for migrant and seasonal housing (of which not 

13 less than 70 percent shall be for permanent 

14 housing), and $509,000 for other discretionary 

15 purposes, which shall be available for the period 

16 July 1, 2012 through June 30, 2013: Provided, 

17 That notwithstanding any other provision of 

18 law or related regulation, the Department of 

19 Labor shall take no action limiting the number 

20 or proportion of eligible participants receiving 

21 related assistance services or discouraging 

22 grantees from providing such services; 

23 (D) $998,000 for carrying out the 

24 WANTO, which shall be available for the period 

25 July 1, 2012 through June 30, 2013; and 

mstockstill on DSK4VPTVN1PROD with BILLS

666 

•HR 3671 IH

1 (E) $79,840,000 for YouthBuild activities 

2 as described in section 173A of the WIA, which 

3 shall be available for the period April 1, 2012 

4 through June 30, 2013; and 

5 (F) $50,000,000 to be available to the Sec6 retary of Labor (referred to in this title as 

7 ‘‘Secretary’’) for the Workforce Innovation 

8 Fund to carry out projects that demonstrate in9 novative strategies or replicate effective evi10 dence-based strategies that align and strength11 en the workforce investment system in order to 

12 improve program delivery and education and 

13 employment outcomes for beneficiaries, which 

14 shall be for the period July 1, 2012 through 

15 September 30, 2013: Provided, That amounts 

16 shall be available for awards to States or State 

17 agencies that are eligible for assistance under 

18 any program authorized under the WIA, con19 sortia of States, or partnerships, including re20 gional partnerships: Provided further, That not 

21 more than 5 percent of the funds available for 

22 workforce innovation activities shall be for tech23 nical assistance and evaluations related to the 

24 projects carried out with these funds; 

mstockstill on DSK4VPTVN1PROD with BILLS

667 

•HR 3671 IH

1 (3) for national activities, $103,062,000, as fol2 lows: 

3 (A) $6,616,000, in addition to any 

4 amounts available under paragraph (2), for Pi5 lots, Demonstrations, and Research, which shall 

6 be available for the period April 1, 2012 

7 through June 30, 2013: Provided, That funds 

8 made available by Public Law 112–10 that were 

9 designated for grants to address the employ10 ment and training needs of young parents may 

11 be used for other pilots, demonstrations, and 

12 research activities and for implementation ac13 tivities related to the VOW to Hire Heroes Act 

14 of 2011 and may be transferred to ‘‘State Un15 employment Insurance and Employment Service 

16 Operations’’ to carry out such implementation 

17 activities; 

18 (B) $80,390,000 for ex-offender activities, 

19 under the authority of section 171 of the WIA 

20 and section 212 of the Second Chance Act of 

21 2007, which shall be available for the period 

22 April 1, 2012 through June 30, 2013, notwith23 standing the requirements of section 

24 171(b)(2)(B) or 171(c)(4)(D) of the WIA: Pro25 vided, That of this amount, $20,000,000 shall 

mstockstill on DSK4VPTVN1PROD with BILLS

668 

•HR 3671 IH

1 be for competitive grants to national and re2 gional intermediaries for activities that prepare 

3 young ex-offenders and school dropouts for em4 ployment, with a priority for projects serving 

5 high-crime, high-poverty areas; 

6 (C) $9,581,000 for Evaluation, which shall 

7 be available for the period July 1, 2012 through 

8 June 30, 2013; and 

9 (D) $6,475,000 for the Workforce Data 

10 Quality Initiative, under the authority of section 

11 171(c)(2) of the WIA, which shall be available 

12 for the period July 1, 2012 through June 30, 

13 2013, and which shall not be subject to the re14 quirements of section 171(c)(4)(D). 

15 OFFICE OF JOBS CORPS

16 To carry out subtitle C of title I of the WIA, includ17 ing Federal administrative expenses, the purchase and 

18 hire of passenger motor vehicles, the construction, alter19 ation, and repairs of buildings and other facilities, and the 

20 purchase of real property for training centers as author21 ized by the WIA, $1,706,171,000, plus reimbursements, 

22 as follows: 

23 (1) $1,572,049,000 for Job Corps Operations, 

24 which shall be available for the period July 1, 2012 

25 through June 30, 2013; 

mstockstill on DSK4VPTVN1PROD with BILLS

669 

•HR 3671 IH

1 (2) $104,990,000 for construction, rehabilita2 tion and acquisition of Job Corps Centers, which 

3 shall be available for the period July 1, 2012 

4 through June 30, 2015: Provided, That the Sec5 retary may transfer up to 15 percent of such funds 

6 to meet the operational needs of such centers or to 

7 achieve administrative efficiencies: Provided further, 

8 That any funds transferred pursuant to the pre9 ceding proviso shall not be available for obligation 

10 after June 30, 2013; and 

11 (3) $29,132,000 for necessary expenses of the 

12 Office of Job Corps, which shall be available for obli13 gation for the period October 1, 2011 through Sep14 tember 30, 2012: 

15 Provided further, That no funds from any other appropria16 tion shall be used to provide meal services at or for Job 

17 Corps centers. 

18 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

19 AMERICANS

20 To carry out title V of the Older Americans Act of 

21 1965 (referred to in this Act as ‘‘OAA’’), $449,100,000, 

22 which shall be available for the period July 1, 2012 

23 through June 30, 2013, and may be recaptured and reobli24 gated in accordance with section 517(c) of the OAA. 

mstockstill on DSK4VPTVN1PROD with BILLS

670 

•HR 3671 IH

1 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

2 For payments during fiscal year 2012 of trade ad3 justment benefit payments and allowances under part I 

4 of subchapter B of chapter 2 of title II of the Trade Act 

5 of 1974, and section 246 of that Act; and for training, 

6 employment and case management services, allowances for 

7 job search and relocation, and related State administrative 

8 expenses under part II of subchapter B of chapter 2 of 

9 title II of the Trade Act of 1974, including benefit pay10 ments, allowances, training, employment and case man11 agement services, and related State administration pro12 vided pursuant to section 231(a) of the Trade Adjustment 

13 Assistance Extension Act of 2011, $1,100,100,000, to14 gether with such amounts as may be necessary to be 

15 charged to the subsequent appropriation for payments for 

16 any period subsequent to September 15, 2012. 

17 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

18 SERVICE OPERATIONS

19 For authorized administrative expenses, 

20 $86,231,000, together with not to exceed $3,958,441,000 

21 which may be expended from the Employment Security 

22 Administration Account in the Unemployment Trust Fund 

23 (‘‘the Trust Fund’’), of which: 

24 (1) $3,181,154,000 from the Trust Fund is for 

25 grants to States for the administration of State unmstockstill on DSK4VPTVN1PROD with BILLS

671 

•HR 3671 IH

1 employment insurance laws as authorized under title 

2 III of the Social Security Act (including not less 

3 than $10,000,000 to conduct in-person reemploy4 ment and eligibility assessments and unemployment 

5 insurance improper payment reviews), the adminis6 tration of unemployment insurance for Federal em7 ployees and for ex-service members as authorized 

8 under 5 U.S.C. 8501–8523, and the administration 

9 of trade readjustment allowances, reemployment 

10 trade adjustment assistance, and alternative trade 

11 adjustment assistance under the Trade Act of 1974 

12 and under section 231(a) of the Trade Adjustment 

13 Assistance Extension Act of 2011, and shall be 

14 available for obligation by the States through De15 cember 31, 2012, except that funds used for auto16 mation acquisitions or competitive grants awarded to 

17 States for improved operations, or reemployment 

18 and eligibility assessments and improper payments 

19 shall be available for obligation by the States 

20 through September 30, 2014, and funds used for 

21 unemployment insurance workloads experienced by 

22 the States through September 30, 2012 shall be 

23 available for Federal obligation through December 

24 31, 2012; 

mstockstill on DSK4VPTVN1PROD with BILLS

672 

•HR 3671 IH

1 (2) $11,287,000 from the Trust Fund is for na2 tional activities necessary to support the administra3 tion of the Federal-State unemployment insurance 

4 system; 

5 (3) $679,531,000 from the Trust Fund, to6 gether with $22,638,000 from the General Fund of 

7 the Treasury, is for grants to States in accordance 

8 with section 6 of the Wagner-Peyser Act, and shall 

9 be available for Federal obligation for the period 

10 July 1, 2012 through June 30, 2013; 

11 (4) $20,952,000 from the Trust Fund is for na12 tional activities of the Employment Service, includ13 ing administration of the work opportunity tax cred14 it under section 51 of the Internal Revenue Code of 

15 1986, and the provision of technical assistance and 

16 staff training under the Wagner-Peyser Act, includ17 ing not to exceed $1,228,000 that may be used for 

18 amortization payments to States which had inde19 pendent retirement plans in their State employment 

20 service agencies prior to 1980; 

21 (5) $65,517,000 from the Trust Fund is for the 

22 administration of foreign labor certifications and re23 lated activities under the Immigration and Nation24 ality Act and related laws, of which $50,418,000 

25 shall be available for the Federal administration of 

mstockstill on DSK4VPTVN1PROD with BILLS

673 

•HR 3671 IH

1 such activities, and $15,099,000 shall be available 

2 for grants to States for the administration of such 

3 activities; and 

4 (6) $63,593,000 from the General Fund is to 

5 provide workforce information, national electronic 

6 tools, and one-stop system building under the Wag7 ner-Peyser Act and section 171 (e)(2)(C) of the 

8 WIA and shall be available for Federal obligation for 

9 the period July 1, 2012 through June 30, 2013: 

10 Provided, That to the extent that the Average Weekly In11 sured Unemployment (‘‘AWIU’’) for fiscal year 2012 is 

12 projected by the Department of Labor to exceed 

13 4,832,000, an additional $28,600,000 from the Trust 

14 Fund shall be available for obligation for every 100,000 

15 increase in the AWIU level (including a pro rata amount 

16 for any increment less than 100,000) to carry out title 

17 III of the Social Security Act: Provided further, That 

18 funds appropriated in this Act that are allotted to a State 

19 to carry out activities under title III of the Social Security 

20 Act may be used by such State to assist other States in 

21 carrying out activities under such title III if the other 

22 States include areas that have suffered a major disaster 

23 declared by the President under the Robert T. Stafford 

24 Disaster Relief and Emergency Assistance Act: Provided 

25 further, That the Secretary may use funds appropriated 

mstockstill on DSK4VPTVN1PROD with BILLS

674 

•HR 3671 IH

1 for grants to States under title III of the Social Security 

2 Act to make payments on behalf of States for the use of 

3 the National Directory of New Hires under section 

4 453(j)(8) of such Act: Provided further, That funds appro5 priated in this Act which are used to establish a national 

6 one-stop career center system, or which are used to sup7 port the national activities of the Federal-State unemploy8 ment insurance or immigration programs, may be obli9 gated in contracts, grants, or agreements with non-State 

10 entities: Provided further, That funds appropriated under 

11 this Act for activities authorized under title III of the So12 cial Security Act and the Wagner-Peyser Act may be used 

13 by States to fund integrated Unemployment Insurance 

14 and Employment Service automation efforts, notwith15 standing cost allocation principles prescribed under the 

16 Office of Management and Budget Circular A–87: Pro17 vided further, That the Secretary, at the request of a State 

18 participating in a consortium with other States, may 

19 reallot funds allotted to such State under title III of the 

20 Social Security Act to other States participating in the 

21 consortium in order to carry out activities that benefit the 

22 administration of the unemployment compensation law of 

23 the State making the request. 

24 In addition, $50,000,000 from the Employment Se25 curity Administration Account of the Unemployment 

mstockstill on DSK4VPTVN1PROD with BILLS

675 

•HR 3671 IH

1 Trust Fund shall be available to conduct in-person reem2 ployment and eligibility assessments and unemployment 

3 insurance improper payment reviews. 

4 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

5 OTHER FUNDS

6 For repayable advances to the Unemployment Trust 

7 Fund as authorized by sections 905(d) and 1203 of the 

8 Social Security Act, and to the Black Lung Disability 

9 Trust Fund as authorized by section 9501(c)(1) of the In10 ternal Revenue Code of 1986; and for nonrepayable ad11 vances to the Unemployment Trust Fund as authorized 

12 by 5 U.S.C. 8509, and to the ‘‘Federal Unemployment 

13 Benefits and Allowances’’ account, such sums as may be 

14 necessary, which shall be available for obligation through 

15 September 30, 2013. 

16 PROGRAM ADMINISTRATION

17 For expenses of administering employment and train18 ing programs, $97,320,000, together with not to exceed 

19 $50,040,000 which may be expended from the Employ20 ment Security Administration Account in the Unemploy21 ment Trust Fund. 

22 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

23 SALARIES AND EXPENSES

24 For necessary expenses for the Employee Benefits 

25 Security Administration, $183,500,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

676 

•HR 3671 IH

1 PENSION BENEFIT GUARANTY CORPORATION

2 PENSION BENEFIT GUARANTY CORPORATION FUND

3 The Pension Benefit Guaranty Corporation (‘‘Cor4 poration’’) is authorized to make such expenditures, in5 cluding financial assistance authorized by subtitle E of 

6 title IV of the Employee Retirement Income Security Act 

7 of 1974, within limits of funds and borrowing authority 

8 available to the Corporation, and in accord with law, and 

9 to make such contracts and commitments without regard 

10 to fiscal year limitations, as provided by 31 U.S.C. 9104, 

11 as may be necessary in carrying out the program, includ12 ing associated administrative expenses, through Sep13 tember 30, 2012, for the Corporation: Provided, That 

14 none of the funds available to the Corporation for fiscal 

15 year 2012 shall be available for obligations for administra16 tive expenses in excess of $476,901,000: Provided further, 

17 That to the extent that the number of new plan partici18 pants in plans terminated by the Corporation exceeds 

19 100,000 in fiscal year 2012, an amount not to exceed an 

20 additional $9,200,000 shall be available through Sep21 tember 30, 2013, for obligation for administrative ex22 penses for every 20,000 additional terminated partici23 pants: Provided further, That an additional $50,000 shall 

24 be made available through September 30, 2013, for obliga25 tion for investment management fees for every 

mstockstill on DSK4VPTVN1PROD with BILLS

677 

•HR 3671 IH

1 $25,000,000 in assets received by the Corporation as a 

2 result of new plan terminations or asset growth, after ap3 proval by the Office of Management and Budget and noti4 fication of the Committees on Appropriations of the House 

5 of Representatives and the Senate: Provided further, That 

6 obligations in excess of the amounts provided in this para7 graph may be incurred for unforeseen and extraordinary 

8 pretermination expenses or extraordinary multiemployer 

9 program related expenses after approval by the Office of 

10 Management and Budget and notification of the Commit11 tees on Appropriations of the House of Representatives 

12 and the Senate. 

13 WAGE AND HOUR DIVISION

14 SALARIES AND EXPENSES

15 For necessary expenses for the Wage and Hour Divi16 sion, including reimbursement to State, Federal, and local 

17 agencies and their employees for inspection services ren18 dered, $227,491,000. 

19 OFFICE OF LABOR MANAGEMENT STANDARDS

20 SALARIES AND EXPENSES

21 For necessary expenses for the Office of Labor Man22 agement Standards, $41,367,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

678 

•HR 3671 IH

1 OFFICE OF FEDERAL CONTRACT COMPLIANCE

2 PROGRAMS

3 SALARIES AND EXPENSES

4 For necessary expenses for the Office of Federal Con5 tract Compliance Programs, $105,386,000. 

6 OFFICE OF WORKERS’ COMPENSATION PROGRAMS

7 SALARIES AND EXPENSES

8 For necessary expenses for the Office of Workers’ 

9 Compensation Programs, $115,939,000, together with 

10 $2,124,000 which may be expended from the Special Fund 

11 in accordance with sections 39(c), 44(d), and 44(j) of the 

12 Longshore and Harbor Worker’s Compensation Act. 

13 SPECIAL BENEFITS

14 (INCLUDING TRANSFER OF FUNDS)

15 For the payment of compensation, benefits, and ex16 penses (except administrative expenses) accruing during 

17 the current or any prior fiscal year authorized by 5 U.S.C. 

18 81; continuation of benefits as provided for under the 

19 heading ‘‘Civilian War Benefits’’ in the Federal Security 

20 Agency Appropriation Act, 1947; the Employees’ Com21 pensation Commission Appropriation Act, 1944; sections 

22 4(c) and 5(f) of the War Claims Act of 1948; and 50 per23 cent of the additional compensation and benefits required 

24 by section 10(h) of the Longshore and Harbor Workers’ 

25 Compensation Act, $350,000,000, together with such 

mstockstill on DSK4VPTVN1PROD with BILLS

679 

•HR 3671 IH

1 amounts as may be necessary to be charged to the subse2 quent year appropriation for the payment of compensation 

3 and other benefits for any period subsequent to August 

4 15 of the current year: Provided, That amounts appro5 priated may be used under 5 U.S.C. 8104 by the Secretary 

6 to reimburse an employer, who is not the employer at the 

7 time of injury, for portions of the salary of a re-employed, 

8 disabled beneficiary: Provided further, That balances of re9 imbursements unobligated on September 30, 2011, shall 

10 remain available until expended for the payment of com11 pensation, benefits, and expenses: Provided further, That 

12 in addition there shall be transferred to this appropriation 

13 from the Postal Service and from any other corporation 

14 or instrumentality required under 5 U.S.C. 8147(c) to pay 

15 an amount for its fair share of the cost of administration, 

16 such sums as the Secretary determines to be the cost of 

17 administration for employees of such fair share entities 

18 through September 30, 2012: Provided further, That of 

19 those funds transferred to this account from the fair share 

20 entities to pay the cost of administration of the Federal 

21 Employees’ Compensation Act, $59,488,000 shall be made 

22 available to the Secretary as follows: 

23 (1) For enhancement and maintenance of auto24 mated data processing systems and telecommuni25 cations systems, $17,253,000; 

mstockstill on DSK4VPTVN1PROD with BILLS

680 

•HR 3671 IH

1 (2) For automated workload processing oper2 ations, including document imaging, centralized mail 

3 intake, and medical bill processing, $26,769,000; 

4 (3) For periodic roll management and medical 

5 review, $15,466,000; and 

6 (4) The remaining funds shall be paid into the 

7 Treasury as miscellaneous receipts: 

8 Provided further, That the Secretary may require that any 

9 person filing a notice of injury or a claim for benefits 

10 under 5 U.S.C. 81, or the Longshore and Harbor Work11 ers’ Compensation Act, provide as part of such notice and 

12 claim, such identifying information (including Social Secu13 rity account number) as such regulations may prescribe. 

14 SPECIAL BENEFITS FOR DISABLED COAL MINERS

15 For carrying out title IV of the Federal Mine Safety 

16 and Health Act of 1977, as amended by Public Law 107– 

17 275, $141,227,000, to remain available until expended. 

18 For making after July 31 of the current fiscal year, 

19 benefit payments to individuals under title IV of such Act, 

20 for costs incurred in the current fiscal year, such amounts 

21 as may be necessary. 

22 For making benefit payments under title IV for the 

23 first quarter of fiscal year 2013, $40,000,000, to remain 

24 available until expended. 

mstockstill on DSK4VPTVN1PROD with BILLS

681 

•HR 3671 IH

1 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

2 OCCUPATIONAL ILLNESS COMPENSATION FUND

3 For necessary expenses to administer the Energy 

4 Employees Occupational Illness Compensation Program 

5 Act, $52,147,000, to remain available until expended: Pro6 vided, That the Secretary may require that any person fil7 ing a claim for benefits under the Act provide as part of 

8 such claim such identifying information (including Social 

9 Security account number) as may be prescribed. 

10 BLACK LUNG DISABILITY TRUST FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 Such sums as may be necessary from the Black Lung 

13 Disability Trust Fund (‘‘Fund’’), to remain available until 

14 expended, for payment of all benefits authorized by section 

15 9501(d)(1), (2), (6), and (7) of the Internal Revenue Code 

16 of 1986; and repayment of, and payment of interest on 

17 advances, as authorized by section 9501(d)(4) of that Act. 

18 In addition, the following amounts may be expended from 

19 the Fund for fiscal year 2012 for expenses of operation 

20 and administration of the Black Lung Benefits program, 

21 as authorized by section 9501(d)(5): not to exceed 

22 $32,906,000 for transfer to the Office of Workers’ Com23 pensation Programs, ‘‘Salaries and Expenses’’; not to ex24 ceed $25,217,000 for transfer to Departmental Manage25 ment, ‘‘Salaries and Expenses’’; not to exceed $327,000 

mstockstill on DSK4VPTVN1PROD with BILLS

682 

•HR 3671 IH

1 for transfer to Departmental Management, ‘‘Office of In2 spector General’’; and not to exceed $356,000 for pay3 ments into miscellaneous receipts for the expenses of the 

4 Department of the Treasury. 

5 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

6 SALARIES AND EXPENSES

7 For necessary expenses for the Occupational Safety 

8 and Health Administration, $565,857,000, including not 

9 to exceed $104,393,000 which shall be the maximum 

10 amount available for grants to States under section 23(g) 

11 of the Occupational Safety and Health Act (‘‘Act’’), which 

12 grants shall be no less than 50 percent of the costs of 

13 State occupational safety and health programs required to 

14 be incurred under plans approved by the Secretary under 

15 section 18 of the Act; and, in addition, notwithstanding 

16 31 U.S.C. 3302, the Occupational Safety and Health Ad17 ministration may retain up to $200,000 per fiscal year 

18 of training institute course tuition fees, otherwise author19 ized by law to be collected, and may utilize such sums for 

20 occupational safety and health training and education: 

21 Provided, That notwithstanding 31 U.S.C. 3302, the Sec22 retary is authorized, during the fiscal year ending Sep23 tember 30, 2012, to collect and retain fees for services 

24 provided to Nationally Recognized Testing Laboratories, 

25 and may utilize such sums, in accordance with the provimstockstill on DSK4VPTVN1PROD with BILLS

683 

•HR 3671 IH

1 sions of 29 U.S.C. 9a, to administer national and inter2 national laboratory recognition programs that ensure the 

3 safety of equipment and products used by workers in the 

4 workplace: Provided further, That none of the funds ap5 propriated under this paragraph shall be obligated or ex6 pended to prescribe, issue, administer, or enforce any 

7 standard, rule, regulation, or order under the Act which 

8 is applicable to any person who is engaged in a farming 

9 operation which does not maintain a temporary labor 

10 camp and employs 10 or fewer employees: Provided fur11 ther, That no funds appropriated under this paragraph 

12 shall be obligated or expended to administer or enforce 

13 any standard, rule, regulation, or order under the Act with 

14 respect to any employer of 10 or fewer employees who is 

15 included within a category having a Days Away, Re16 stricted, or Transferred (DART) occupational injury and 

17 illness rate, at the most precise industrial classification 

18 code for which such data are published, less than the na19 tional average rate as such rates are most recently pub20 lished by the Secretary, acting through the Bureau of 

21 Labor Statistics, in accordance with section 24 of the Act, 

22 except— 

23 (1) to provide, as authorized by the Act, con24 sultation, technical assistance, educational and train25 ing services, and to conduct surveys and studies; 

mstockstill on DSK4VPTVN1PROD with BILLS

684 

•HR 3671 IH

1 (2) to conduct an inspection or investigation in 

2 response to an employee complaint, to issue a cita3 tion for violations found during such inspection, and 

4 to assess a penalty for violations which are not cor5 rected within a reasonable abatement period and for 

6 any willful violations found; 

7 (3) to take any action authorized by the Act 

8 with respect to imminent dangers; 

9 (4) to take any action authorized by the Act 

10 with respect to health hazards; 

11 (5) to take any action authorized by the Act 

12 with respect to a report of an employment accident 

13 which is fatal to one or more employees or which re14 sults in hospitalization of two or more employees, 

15 and to take any action pursuant to such investiga16 tion authorized by the Act; and 

17 (6) to take any action authorized by the Act 

18 with respect to complaints of discrimination against 

19 employees for exercising rights under the Act: 

20 Provided further, That the foregoing proviso shall not 

21 apply to any person who is engaged in a farming operation 

22 which does not maintain a temporary labor camp and em23 ploys 10 or fewer employees: Provided further, That 

24 $10,729,000 shall be available for Susan Harwood train25 ing grants. 

mstockstill on DSK4VPTVN1PROD with BILLS

685 

•HR 3671 IH

1 MINE SAFETY AND HEALTH ADMINISTRATION

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses for the Mine Safety and 

5 Health Administration, $374,000,000, including purchase 

6 and bestowal of certificates and trophies in connection 

7 with mine rescue and first-aid work, and the hire of pas8 senger motor vehicles, including up to $2,000,000 for 

9 mine rescue and recovery activities; in addition, not to ex10 ceed $750,000 may be collected by the National Mine 

11 Health and Safety Academy for room, board, tuition, and 

12 the sale of training materials, otherwise authorized by law 

13 to be collected, to be available for mine safety and health 

14 education and training activities, notwithstanding 31 

15 U.S.C. 3302; and, in addition, the Mine Safety and Health 

16 Administration may retain up to $1,499,000 from fees col17 lected for the approval and certification of equipment, ma18 terials, and explosives for use in mines, and may utilize 

19 such sums for such activities; and, in addition, the Sec20 retary may transfer from amounts provided under this 

21 heading up to $3,000,000 to ‘‘Departmental Manage22 ment’’ for activities related to the Office of the Solicitor’s 

23 caseload before the Federal Mine Safety and Health Re24 view Commission; the Secretary is authorized to accept 

25 lands, buildings, equipment, and other contributions from 

mstockstill on DSK4VPTVN1PROD with BILLS

686 

•HR 3671 IH

1 public and private sources and to prosecute projects in co2 operation with other agencies, Federal, State, or private; 

3 the Mine Safety and Health Administration is authorized 

4 to promote health and safety education and training in 

5 the mining community through cooperative programs with 

6 States, industry, and safety associations; the Secretary is 

7 authorized to recognize the Joseph A. Holmes Safety As8 sociation as a principal safety association and, notwith9 standing any other provision of law, may provide funds 

10 and, with or without reimbursement, personnel, including 

11 service of Mine Safety and Health Administration officials 

12 as officers in local chapters or in the national organiza13 tion; and any funds available to the Department of Labor 

14 may be used, with the approval of the Secretary, to pro15 vide for the costs of mine rescue and survival operations 

16 in the event of a major disaster. 

17 BUREAU OF LABOR STATISTICS

18 SALARIES AND EXPENSES

19 For necessary expenses for the Bureau of Labor Sta20 tistics, including advances or reimbursements to State, 

21 Federal, and local agencies and their employees for serv22 ices rendered, $542,921,000, together with not to exceed 

23 $67,303,000 which may be expended from the Employ24 ment Security Administration Account in the Unemploy25 ment Trust Fund, of which $1,500,000 may be used to 

mstockstill on DSK4VPTVN1PROD with BILLS

687 

•HR 3671 IH

1 fund the mass layoff statistics program under section 15 

2 of the Wagner-Peyser Act. 

3 OFFICE OF DISABILITY EMPLOYMENT POLICY

4 SALARIES AND EXPENSES

5 For necessary expenses for the Office of Disability 

6 Employment Policy to provide leadership, develop policy 

7 and initiatives, and award grants furthering the objective 

8 of eliminating barriers to the training and employment of 

9 people with disabilities, $38,953,000. 

10 DEPARTMENTAL MANAGEMENT

11 SALARIES AND EXPENSES

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses for Departmental Manage14 ment, including the hire of three passenger motor vehicles, 

15 $346,683,000, together with not to exceed $326,000, 

16 which may be expended from the Employment Security 

17 Administration Account in the Unemployment Trust 

18 Fund: Provided, That $66,500,000 for the Bureau of 

19 International Labor Affairs shall be available for obliga20 tion through December 31, 2012: Provided further, That 

21 funds available to the Bureau of International Labor Af22 fairs may be used to administer or operate international 

23 labor activities, bilateral and multilateral technical assist24 ance, and microfinance programs, by or through contracts, 

25 grants, subgrants and other arrangements: Provided furmstockstill on DSK4VPTVN1PROD with BILLS

688 

•HR 3671 IH

1 ther, That $40,000,000 shall be for programs to combat 

2 exploitative child labor internationally: Provided further, 

3 That not less than $6,500,000 shall be used to implement 

4 model programs that address worker rights issues through 

5 technical assistance in countries with which the United 

6 States has free trade agreements or trade preference pro7 grams: Provided further, That $8,500,000 shall be used 

8 for program evaluation and shall be available for obliga9 tion through September 30, 2013: Provided further, That 

10 funds available for program evaluation may be transferred 

11 to any other appropriate account in the Department for 

12 such purpose: Provided further, That the funds available 

13 to the Women’s Bureau may be used for grants to serve 

14 and promote the interests of women in the workforce. 

15 VETERANS EMPLOYMENT AND TRAINING

16 Not to exceed $212,060,000 may be derived from the 

17 Employment Security Administration Account in the Un18 employment Trust Fund to carry out the provisions of 38 

19 U.S.C. 4100–4113, 4211–4215, and 4321–4327, and 

20 Public Law 103–353, and which shall be available for obli21 gation by the States through December 31, 2012, of which 

22 $2,444,000 is for the National Veterans’ Employment and 

23 Training Services Institute. 

24 In addition, to carry out Department of Labor pro25 grams under section 5(a)(1) of the Homeless Veterans 

mstockstill on DSK4VPTVN1PROD with BILLS

689 

•HR 3671 IH

1 Comprehensive Assistance Act of 2001 and the Veterans 

2 Workforce Investment Programs under section 168 of the 

3 WIA, $52,879,000, of which $14,622,000 shall be avail4 able for obligation for the period July 1, 2012 through 

5 June 30, 2013. 

6 IT MODERNIZATION

7 For necessary expenses for Department of Labor cen8 tralized infrastructure technology investment activities re9 lated to support systems and modernization, $19,852,000. 

10 OFFICE OF INSPECTOR GENERAL

11 For salaries and expenses of the Office of Inspector 

12 General in carrying out the provisions of the Inspector 

13 General Act of 1978, $77,937,000, together with not to 

14 exceed $5,909,000 which may be expended from the Em15 ployment Security Administration Account in the Unem16 ployment Trust Fund. 

17 GENERAL PROVISIONS

18 SEC. 101. None of the funds appropriated by this Act 

19 for the Job Corps shall be used to pay the salary and bo20 nuses of an individual, either as direct costs or any prora21 tion as an indirect cost, at a rate in excess of Executive 

22 Level II. 

23 (TRANSFER OF FUNDS)

24 SEC. 102. Not to exceed 1 percent of any discre25 tionary funds (pursuant to the Balanced Budget and 

mstockstill on DSK4VPTVN1PROD with BILLS

690 

•HR 3671 IH

1 Emergency Deficit Control Act of 1985) which are appro2 priated for the current fiscal year for the Department of 

3 Labor in this Act may be transferred between a program, 

4 project, or activity, but no such program, project, or activ5 ity shall be increased by more than 3 percent by any such 

6 transfer: Provided, That the transfer authority granted by 

7 this section shall be available only to meet emergency 

8 needs and shall not be used to create any new program 

9 or to fund any project or activity for which no funds are 

10 provided in this Act: Provided further, That the Commit11 tees on Appropriations of the House of Representatives 

12 and the Senate are notified at least 15 days in advance 

13 of any transfer. 

14 SEC. 103. In accordance with Executive Order No. 

15 13126, none of the funds appropriated or otherwise made 

16 available pursuant to this Act shall be obligated or ex17 pended for the procurement of goods mined, produced, 

18 manufactured, or harvested or services rendered, in whole 

19 or in part, by forced or indentured child labor in industries 

20 and host countries already identified by the United States 

21 Department of Labor prior to enactment of this Act. 

22 SEC. 104. None of the funds made available to the 

23 Department of Labor for grants under section 414(c) of 

24 the American Competitiveness and Workforce Improve25 ment Act of 1998 may be used for any purpose other than 

mstockstill on DSK4VPTVN1PROD with BILLS

691 

•HR 3671 IH

1 competitive grants for training in the occupations and in2 dustries for which employers are using H–1B visas to hire 

3 foreign workers, and the related activities necessary to 

4 support such training. 

5 SEC. 105. None of the funds made available by this 

6 Act under the heading ‘‘Employment and Training Ad7 ministration’’ shall be used by a recipient or subrecipient 

8 of such funds to pay the salary and bonuses of an indi9 vidual, either as direct costs or indirect costs, at a rate 

10 in excess of Executive Level II. This limitation shall not 

11 apply to vendors providing goods and services as defined 

12 in Office of Management and Budget Circular A–133. 

13 Where States are recipients of such funds, States may es14 tablish a lower limit for salaries and bonuses of those re15 ceiving salaries and bonuses from subrecipients of such 

16 funds, taking into account factors including the relative 

17 cost-of-living in the State, the compensation levels for 

18 comparable State or local government employees, and the 

19 size of the organizations that administer Federal pro20 grams involved including Employment and Training Ad21 ministration programs. Notwithstanding this section, the 

22 limitation on salaries for the Job Corps shall continue to 

23 be governed by section 101. 

24 SEC. 106. The Secretary shall take no action to 

25 amend, through regulatory or administration action, the 

mstockstill on DSK4VPTVN1PROD with BILLS

692 

•HR 3671 IH

1 definition established in section 667.220 of title 20 of the 

2 Code of Federal Regulations for functions and activities 

3 under title I of WIA, or to modify, through regulatory or 

4 administrative action, the procedure for redesignation of 

5 local areas as specified in subtitle B of title I of that Act 

6 (including applying the standards specified in section 

7 116(a)(3)(B) of that Act, but notwithstanding the time 

8 limits specified in section 116(a)(3)(B) of that Act), until 

9 such time as legislation reauthorizing the Act is enacted. 

10 Nothing in the preceding sentence shall permit or require 

11 the Secretary to withdraw approval for such redesignation 

12 from a State that received the approval not later than Oc13 tober 12, 2005, or to revise action taken or modify the 

14 redesignation procedure being used by the Secretary in 

15 order to complete such redesignation for a State that initi16 ated the process of such redesignation by submitting any 

17 request for such redesignation not later than October 26, 

18 2005. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 107. Notwithstanding section 102, the Sec21 retary may transfer funds made available to the Employ22 ment and Training Administration by this Act or by Pub23 lic Law 112–10, either directly or through a set-aside, for 

24 technical assistance services to grantees to ‘‘Program Admstockstill on DSK4VPTVN1PROD with BILLS

693 

•HR 3671 IH

1 ministration’’ when it is determined that those services 

2 will be more efficiently performed by Federal employees. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 108. (a) The Secretary may reserve not more 

5 than 0.5 percent from each appropriation made available 

6 in this Act identified in subsection (b) in order to carry 

7 out evaluations of any of the programs or activities that 

8 are funded under such accounts. Any funds reserved under 

9 this section shall be transferred to ‘‘Departmental Man10 agement’’ for use by the Office of the Chief Evaluation 

11 Officer within the Department of Labor, and shall be 

12 available for obligation through September 30, 2013: Pro13 vided, That such funds shall only be available if the Chief 

14 Evaluation Officer of the Department of Labor submits 

15 a plan to the Committees on Appropriations of the House 

16 of Representatives and the Senate describing the evalua17 tions to be carried out 15 days in advance of any transfer. 

18 (b) The accounts referred to in subsection (a) are: 

19 ‘‘Office of Job Corps’’, ‘‘State Unemployment Insurance 

20 and Employment Service Operations’’, ‘‘Employee Bene21 fits Security Administration’’, ‘‘Office of Workers’ Com22 pensation Programs’’, ‘‘Wage and Hour Division’’, ‘‘Office 

23 of Federal Contract Compliance Programs’’, ‘‘Office of 

24 Labor Management Standards’’, ‘‘Occupational Safety 

25 and Health Administration’’, ‘‘Mine Safety and Health 

mstockstill on DSK4VPTVN1PROD with BILLS

694 

•HR 3671 IH

1 Administration’’, and ‘‘Veterans Employment and Train2 ing’’. 

3 SEC. 109. None of the funds made available by this 

4 Act may be used to promulgate the Definition of ‘‘Fidu5 ciary’’ regulation (Regulatory Identification Number 

6 1210–AB32) published by the Employee Benefits Security 

7 Administration of the Department of Labor on October 

8 22, 2010 (75 Fed. Reg. 65263). 

9 SEC. 110. None of the amounts made available under 

10 this Act may be used to implement the rule entitled ‘‘Wage 

11 Methodology for the Temporary Non-Agricultural Em12 ployment H–2B Program’’ (76 Fed. Reg. 3452 (January 

13 19, 2011)). 

14 SEC. 111. None of the funds made available by this 

15 Act may be used to continue the development of or to pro16 mulgate, administer, enforce, or otherwise implement the 

17 Occupational Injury and Illness Recording and Reporting 

18 Requirements—Musculoskeletal Disorders (MSD) Column 

19 regulation (Regulatory Identification Number 1218– 

20 AC45) being developed by the Occupational Safety and 

21 Health Administration of the Department of Labor. 

22 SEC. 112. None of the funds made available by this 

23 Act may be used to implement or enforce the proposed 

24 rule entitled ‘‘Lowering Miners’ Exposure to Coal Mine 

25 Dust, Including Continuous Personal Dust Monitors’’ regmstockstill on DSK4VPTVN1PROD with BILLS

695 

•HR 3671 IH

1 ulation published by the Mine Safety and Health Adminis2 tration (MSHA) of the Department of Labor on October 

3 19, 2010 (75 Fed. Reg. 64412, RIN 1219–AB64) until— 

4 (1) the Government Accountability Office— 

5 (A) issues, at a minimum, an interim re6 port which— 

7 (i) evaluates the completeness of 

8 MSHA’s data collection and sampling, to 

9 include an analysis of whether such data 

10 supports current trends of the incidence of 

11 lung disease arising from occupational ex12 posure to respirable coal mine dust across 

13 working underground coal miners; and 

14 (ii) assesses the sufficiency of 

15 MSHA’s analytical methodology; and 

16 (B) not later than 240 days after enact17 ment of this Act, submits the report described 

18 in subparagraph (A) to the Committees on Ap19 propriations of the House of Representatives 

20 and the Senate; or 

21 (2) the deadline described in paragraph (1)(B) 

22 for submission of the report has passed. 

23 SEC. 113. None of the funds made available by this 

24 Act may be used by the Secretary to administer or enforce 

25 29 CFR 779.372(c)(4). 

mstockstill on DSK4VPTVN1PROD with BILLS

696 

•HR 3671 IH

1 This title may be cited as the ‘‘Department of Labor 

2 Appropriations Act, 2012’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

697 

•HR 3671 IH

1 TITLE II 

2 DEPARTMENT OF HEALTH AND HUMAN 

3 SERVICES 

4 HEALTH RESOURCES AND SERVICES ADMINISTRATION

5 PRIMARY HEALTH CARE

6 For carrying out titles II and III of the Public Health 

7 Service Act (referred to in this Act as the ‘‘PHS Act’’) 

8 with respect to primary health care and the Native Hawai9 ian Health Care Act of 1988, $1,598,957,000, of which 

10 $129,000 shall be available until expended for facilities 

11 renovations at the Gillis W. Long Hansen’s Disease Cen12 ter: Provided, That no more than $40,000 shall be avail13 able until expended for carrying out the provisions of sec14 tion 224(o) of the PHS Act, including associated adminis15 trative expenses and relevant evaluations: Provided fur16 ther, That no more than $95,073,000 shall be available 

17 until expended for carrying out the provisions of Public 

18 Law 104–73 and for expenses incurred by the Department 

19 of Health and Human Services (referred to in this Act 

20 as ‘‘HHS’’) pertaining to administrative claims made 

21 under such law. 

22 HEALTH WORKFORCE

23 For carrying out titles III, VII, and VIII of the PHS 

24 Act with respect to the health workforce, section 1128E 

25 of the Social Security Act, and the Health Care Quality 

mstockstill on DSK4VPTVN1PROD with BILLS

698 

•HR 3671 IH

1 Improvement Act of 1986, $734,402,000: Provided, That 

2 sections 747(c)(2), 751(j)(2), and the proportional fund3 ing amounts in paragraphs (1) through (4) of section 

4 756(e) of the PHS Act shall not apply to funds made 

5 available under this heading: Provided further, That for 

6 any program operating under section 751 of the PHS Act 

7 on or before January 1, 2009, the Secretary of Health 

8 and Human Services (referred to in this title as ‘‘Sec9 retary’’) may waive any of the requirements contained in 

10 sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for 

11 the full project period of a grant under such section: Pro12 vided further, That no funds shall be available for section 

13 340G–1 of the PHS Act: Provided further, That in addi14 tion to fees authorized by section 427(b) of the Health 

15 Care Quality Improvement Act of 1986, fees shall be col16 lected for the full disclosure of information under such Act 

17 sufficient to recover the full costs of operating the Na18 tional Practitioner Data Bank and shall remain available 

19 until expended to carry out that Act: Provided further, 

20 That fees collected for the full disclosure of information 

21 under the ‘‘Health Care Fraud and Abuse Data Collection 

22 Program’’, authorized by section 1128E(d)(2) of the So23 cial Security Act, shall be sufficient to recover the full 

24 costs of operating the program, and shall remain available 

25 until expended to carry out that Act: Provided further, 

mstockstill on DSK4VPTVN1PROD with BILLS

699 

•HR 3671 IH

1 That funds transferred to this account to carry out section 

2 846 and subpart 3 of part D of title III of the PHS Act 

3 may be used to make prior year adjustments to awards 

4 made under such sections. 

5 MATERNAL AND CHILD HEALTH

6 For carrying out titles III, XI, XII, and XIX of the 

7 PHS Act with respect to maternal and child health, title 

8 V of the Social Security Act, and section 712 of the Amer9 ican Jobs Creation Act of 2004, $863,607,000: Provided, 

10 That notwithstanding sections 502(a)(1) and 502(b)(1) of 

11 the Social Security Act, not more than $79,586,000 shall 

12 be available for carrying out special projects of regional 

13 and national significance pursuant to section 501(a)(2) of 

14 such Act and $10,400,000 shall be available for projects 

15 described in paragraphs (A) through (F) of section 

16 501(a)(3) of such Act. 

17 RYAN WHITE HIV/AIDS PROGRAM

18 For carrying out title XXVI of the PHS Act with 

19 respect to the Ryan White HIV/AIDS program, 

20 $2,326,665,000, of which $1,995,670,000 shall remain 

21 available to the Secretary of Health and Human Services 

22 through September 30, 2014, for parts A and B of title 

23 XXVI of the PHS Act, and of which not less than 

24 $900,000,000 shall be for State AIDS Drug Assistance 

25 Programs under the authority of section 2616 or 311(c) 

mstockstill on DSK4VPTVN1PROD with BILLS

700 

•HR 3671 IH

1 of such Act: Provided, That in addition to amounts pro2 vided herein, $25,000,000 shall be available from amounts 

3 available under section 241 of the PHS Act to carry out 

4 parts A, B, C, and D of title XXVI of the PHS Act to 

5 fund Special Projects of National Significance under sec6 tion 2691. 

7 HEALTH CARE SYSTEMS

8 For carrying out titles III and XII of the PHS Act 

9 with respect to health care systems, and the Stem Cell 

10 Therapeutic and Research Act of 2005, $83,526,000. 

11 RURAL HEALTH

12 For carrying out titles III and IV of the PHS Act 

13 with respect to rural health, section 427(a) of the Federal 

14 Coal Mine Health and Safety Act, the Cardiac Arrest Sur15 vival Act of 2000, and sections 711 and 1820 of the Social 

16 Security Act, $139,832,000, of which $41,118,000 from 

17 general revenues, notwithstanding section 1820(j) of the 

18 Social Security Act, shall be available for carrying out the 

19 Medicare rural hospital flexibility grants program: Pro20 vided, That of the funds made available under this heading 

21 for Medicare rural hospital flexibility grants, $15,000,000 

22 shall be available for the Small Rural Hospital Improve23 ment Grant Program for quality improvement and adop24 tion of health information technology and $1,000,000 

25 shall be to carry out section 1820(g)(6) of the Social Secumstockstill on DSK4VPTVN1PROD with BILLS

701 

•HR 3671 IH

1 rity Act, with funds provided for grants under section 

2 1820(g)(6) available for the purchase and implementation 

3 of telehealth services, including pilots and demonstrations 

4 on the use of electronic health records to coordinate rural 

5 veterans care between rural providers and the Department 

6 of Veterans Affairs electronic health record system: Pro7 vided further, That notwithstanding section 338J(k) of the 

8 PHS Act, $10,055,000 shall be available for State Offices 

9 of Rural Health. 

10 FAMILY PLANNING

11 For carrying out the program under title X of the 

12 PHS Act to provide for voluntary family planning 

13 projects, $297,400,000: Provided, That amounts provided 

14 to said projects under such title shall not be expended for 

15 abortions, that all pregnancy counseling shall be nondirec16 tive, and that such amounts shall not be expended for any 

17 activity (including the publication or distribution of lit18 erature) that in any way tends to promote public support 

19 or opposition to any legislative proposal or candidate for 

20 public office. 

21 PROGRAM MANAGEMENT

22 For program support in the Health Resources and 

23 Services Administration, $161,815,000: Provided, That 

24 funds made available under this heading may be used to 

25 supplement program support funding provided under the 

mstockstill on DSK4VPTVN1PROD with BILLS

702 

•HR 3671 IH

1 headings ‘‘Primary Health Care’’, ‘‘Health Workforce’’, 

2 ‘‘Maternal and Child Health’’, ‘‘Ryan White HIV/AIDS 

3 Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’. 

4 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

5 ACCOUNT

6 Such sums as may be necessary to carry out the pur7 pose of the program, as authorized by title VII of the PHS 

8 Act. For administrative expenses to carry out the guaran9 teed loan program, including section 709 of the PHS Act, 

10 $2,841,000. 

11 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

12 For payments from the Vaccine Injury Compensation 

13 Program Trust Fund (‘‘Trust Fund’’), such sums as may 

14 be necessary for claims associated with vaccine-related in15 jury or death with respect to vaccines administered after 

16 September 30, 1988, pursuant to subtitle 2 of title XXI 

17 of the PHS Act, to remain available until expended: Pro18 vided, That for necessary administrative expenses, not to 

19 exceed $6,489,000 shall be available from the Trust Fund 

20 to the Secretary. 

21 CENTERS FOR DISEASE CONTROL AND PREVENTION

22 IMMUNIZATION AND RESPIRATORY DISEASES

23 For carrying out titles II, III, VII, XVII, and XXI, 

24 and section 2821 of the PHS Act, titles II and IV of the 

25 Immigration and Nationality Act, and section 501 of the 

mstockstill on DSK4VPTVN1PROD with BILLS

703 

•HR 3671 IH

1 Refugee Education Assistance Act, with respect to immu2 nization and respiratory diseases, $579,375,000: Provided, 

3 That in addition to amounts provided herein, $12,864,000 

4 shall be available from amounts available under section 

5 241 of the PHS Act to carry out the National Immuniza6 tion Surveys. 

7 HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED

8 DISEASES, AND TUBERCULOSIS PREVENTION

9 For carrying out titles II, III, VII, XVII, XXIII, and 

10 XXVI of the PHS Act with respect to HIV/AIDS, viral 

11 hepatitis, sexually transmitted diseases, and tuberculosis 

12 prevention, $1,105,995,000. 

13 EMERGING AND ZOONOTIC INFECTIOUS DISEASES

14 For carrying out titles II, III, VII, and XVII, and 

15 section 2821 of the PHS Act, titles II and IV of the Immi16 gration and Nationality Act, and section 501 of the Ref17 ugee Education Assistance Act, with respect to emerging 

18 and zoonotic infectious diseases, $253,919,000. 

19 CHRONIC DISEASE PREVENTION AND HEALTH

20 PROMOTION

21 For carrying out titles II, III, VII, XI, XV, XVII, 

22 and XIX of the PHS Act with respect to chronic disease 

23 prevention and health promotion, $760,700,000: Provided, 

24 That funds appropriated under this account may be avail25 able for making grants under section 1509 of the PHS 

mstockstill on DSK4VPTVN1PROD with BILLS

704 

•HR 3671 IH

1 Act for not less than 21 States, tribes, or tribal organiza2 tions. 

3 BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, 

4 DISABILITIES AND HEALTH

5 For carrying out titles II, III, VII, XI, and XVII of 

6 the PHS Act with respect to birth defects, developmental 

7 disabilities, disabilities and health, $138,072,000. 

8 PUBLIC HEALTH SCIENTIFIC SERVICES

9 For carrying out titles II and III of the PHS Act 

10 with respect to health statistics, surveillance, informatics, 

11 and workforce development, $144,795,000: Provided, That 

12 in addition to amounts provided herein, $247,769,000 

13 shall be available from amounts available under section 

14 241 of the PHS Act to carry out Public Health Scientific 

15 Services. 

16 ENVIRONMENTAL HEALTH

17 For carrying out titles II, III, VII, and XVII of the 

18 PHS Act with respect to environmental health, 

19 $105,598,000. 

20 INJURY PREVENTION AND CONTROL

21 For carrying out titles II, III, VII, and XVII of the 

22 PHS Act with respect to injury prevention and control, 

23 $138,480,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

705 

•HR 3671 IH

1 NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND

2 HEALTH

3 For carrying out titles II, III, VII, and XVII of the 

4 PHS Act, sections 101, 102, 103, 201, 202, 203, 301, 

5 501, and 514 of the Federal Mine Safety and Health Act, 

6 section 13 of the Mine Improvement and New Emergency 

7 Response Act, and sections 20, 21, and 22 of the Occupa8 tional Safety and Health Act, with respect to occupational 

9 safety and health, $182,903,000: Provided, That in addi10 tion to amounts provided herein, $110,724,000 shall be 

11 available from amounts available under section 241 of the 

12 PHS Act. 

13 EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION

14 PROGRAM

15 For necessary expenses to administer the Energy 

16 Employees Occupational Illness Compensation Program 

17 Act, $55,358,000, to remain available until expended, of 

18 which $4,500,000 shall be for use by or in support of the 

19 Advisory Board on Radiation and Worker Health 

20 (‘‘Board’’) to carry out its statutory responsibilities, in21 cluding obtaining audits, technical assistance, and other 

22 support from the Board’s audit contractor with regard to 

23 radiation dose estimation and reconstruction efforts, site 

24 profiles, procedures, and review of Special Exposure Co25 hort petitions and evaluation reports: Provided, That this 

mstockstill on DSK4VPTVN1PROD with BILLS

706 

•HR 3671 IH

1 amount shall be available consistent with the provision re2 garding administrative expenses in section 151(b) of divi3 sion B, title I of Public Law 106–554. 

4 GLOBAL HEALTH

5 For carrying out titles II, III, VII and XVII of the 

6 PHS Act with respect to global health, $349,547,000, of 

7 which $118,023,000 for international HIV/AIDS shall re8 main available through September 30, 2013: Provided, 

9 That funds may be used for purchase and insurance of 

10 official motor vehicles in foreign countries. 

11 PUBLIC HEALTH PREPAREDNESS AND RESPONSE

12 For carrying out titles II, III, VII, and XVII of the 

13 PHS Act with respect to public health preparedness and 

14 response, and for expenses necessary to support activities 

15 related to countering potential biological, nuclear, radio16 logical, and chemical threats to civilian populations, 

17 $1,306,906,000, of which $509,486,000 shall remain 

18 available until expended for the Strategic National Stock19 pile under section 319F–2 of the PHS Act. 

20 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

21 For carrying out titles II, III, VII, XVII and XIX, 

22 and section 2821 of the PHS Act and for cross-cutting 

23 activities and program support that supplement activities 

24 funded under the headings ‘‘Immunization and Res25 piratory Diseases’’, ‘‘HIV/AIDS, Viral Hepatitis, Sexually 

mstockstill on DSK4VPTVN1PROD with BILLS

707 

•HR 3671 IH

1 Transmitted Diseases, and Tuberculosis Prevention’’, 

2 ‘‘Emerging and Zoonotic Infectious Diseases’’, ‘‘Chronic 

3 Disease Prevention and Health Promotion’’, ‘‘Birth De4 fects, Developmental Disabilities, Disabilities and 

5 Health’’, ‘‘Environmental Health’’, ‘‘Injury Prevention 

6 and Control’’, ‘‘National Institute for Occupational Safety 

7 and Health’’, ‘‘Employees Occupational Illness Compensa8 tion Program Act’’, ‘‘Global Health’’, ‘‘Public Health Pre9 paredness and Response’’, and ‘‘Public Health Scientific 

10 Services’’, $621,445,000, of which $30,000,000 shall be 

11 available until September 30, 2013 for business services, 

12 of which $25,000,000 shall be available until September 

13 30, 2016 for equipment, construction and renovation of 

14 facilities, and of which $80,000,000 shall be for the Pre15 ventive Health and Health Services Block Grant Program: 

16 Provided, That paragraphs (1) through (3) of subsection 

17 (b) of section 2821 of the PHS Act shall not apply to 

18 funds appropriated under this heading and in all other ac19 counts of the Centers for Disease Control and Prevention 

20 (referred to in this title as ‘‘CDC’’): Provided further, That 

21 funds appropriated under this heading and in all other ac22 counts of CDC may be used to support the purchase, hire, 

23 maintenance, and operation of aircraft for use and support 

24 of the activities of CDC: Provided further, That employees 

25 of CDC or the Public Health Service, both civilian and 

mstockstill on DSK4VPTVN1PROD with BILLS

708 

•HR 3671 IH

1 commissioned officers, detailed to States, municipalities, 

2 or other organizations under authority of section 214 of 

3 the PHS Act, or in overseas assignments, shall be treated 

4 as non-Federal employees for reporting purposes only and 

5 shall not be included within any personnel ceiling applica6 ble to the Agency, Service, or HHS during the period of 

7 detail or assignment: Provided further, That CDC may use 

8 up to $10,000 from amounts appropriated to CDC in this 

9 Act for official reception and representation expenses 

10 when specifically approved by the Director of CDC: Pro11 vided further, That in addition, such sums as may be de12 rived from authorized user fees, which shall be credited 

13 to the appropriation charged with the cost thereof: Pro14 vided further, That with respect to the previous proviso, 

15 authorized user fees from the Vessel Sanitation Program 

16 shall be available through September 30, 2013: Provided 

17 further, That of the funds made available under this head18 ing, up to $1,000 per eligible employee of CDC shall be 

19 made available until expended for Individual Learning Ac20 counts: Provided further, That CDC may establish a 

21 Working Capital Fund, with the authorities equivalent to 

22 those provided in 42 U.S.C. 231, to improve the provision 

23 of supplies and service. 

mstockstill on DSK4VPTVN1PROD with BILLS

709 

•HR 3671 IH

1 NATIONAL INSTITUTES OF HEALTH

2 NATIONAL CANCER INSTITUTE

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to cancer, $5,081,788,000, of which up 

5 to $8,000,000 may be used for facilities repairs and im6 provements at the National Cancer Institute—Frederick 

7 Federally Funded Research and Development Center in 

8 Frederick, Maryland. 

9 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

10 For carrying out section 301 and title IV of the PHS 

11 Act with respect to cardiovascular, lung, and blood dis12 eases, and blood and blood products, $3,084,851,000. 

13 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

14 RESEARCH

15 For carrying out section 301 and title IV of the PHS 

16 Act with respect to dental disease, $411,488,000. 

17 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

18 KIDNEY DISEASES

19 For carrying out section 301 and title IV of the PHS 

20 Act with respect to diabetes and digestive and kidney dis21 ease, $1,800,447,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

710 

•HR 3671 IH

1 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

2 AND STROKE

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to neurological disorders and stroke, 

5 $1,629,445,000. 

6 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

7 DISEASES

8 For carrying out section 301 and title IV of the PHS 

9 Act with respect to allergy and infectious diseases, 

10 $4,499,215,000. 

11 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

12 For carrying out section 301 and title IV of the PHS 

13 Act with respect to general medical sciences, 

14 $2,434,637,000: Provided, That not less than 

15 $276,480,000 is provided for the Institutional Develop16 ment Awards program. 

17 EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF

18 CHILD HEALTH AND HUMAN DEVELOPMENT

19 For carrying out section 301 and title IV of the PHS 

20 Act with respect to child health and human development, 

21 $1,323,900,000. 

22 NATIONAL EYE INSTITUTE

23 For carrying out section 301 and title IV of the PHS 

24 Act with respect to eye diseases and visual disorders, 

25 $704,043,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

711 

•HR 3671 IH

1 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

2 SCIENCES

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to environmental health sciences, 

5 $686,869,000. 

6 NATIONAL INSTITUTE ON AGING

7 For carrying out section 301 and title IV of the PHS 

8 Act with respect to aging, $1,105,530,000. 

9 NATIONAL INSTITUTE OF ARTHRITIS AND

10 MUSCULOSKELETAL AND SKIN DISEASES

11 For carrying out section 301 and title IV of the PHS 

12 Act with respect to arthritis and musculoskeletal and skin 

13 diseases, $536,801,000. 

14 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

15 COMMUNICATION DISORDERS

16 For carrying out section 301 and title IV of the PHS 

17 Act with respect to deafness and other communication dis18 orders, $417,061,000. 

19 NATIONAL INSTITUTE OF NURSING RESEARCH

20 For carrying out section 301 and title IV of the PHS 

21 Act with respect to nursing research, $145,043,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

712 

•HR 3671 IH

1 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

2 ALCOHOLISM

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to alcohol abuse and alcoholism, 

5 $460,389,000. 

6 NATIONAL INSTITUTE ON DRUG ABUSE

7 For carrying out section 301 and title IV of the PHS 

8 Act with respect to drug abuse, $1,055,362,000. 

9 NATIONAL INSTITUTE OF MENTAL HEALTH

10 For carrying out section 301 and title IV of the PHS 

11 Act with respect to mental health, $1,483,068,000. 

12 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

13 For carrying out section 301 and title IV of the PHS 

14 Act with respect to human genome research, 

15 $513,844,000. 

16 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

17 BIOENGINEERING

18 For carrying out section 301 and title IV of the PHS 

19 Act with respect to biomedical imaging and bioengineering 

20 research, $338,998,000. 

21 NATIONAL CENTER FOR COMPLEMENTARY AND

22 ALTERNATIVE MEDICINE

23 For carrying out section 301 and title IV of the PHS 

24 Act with respect to complementary and alternative medi25 cine, $128,299,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

713 

•HR 3671 IH

1 NATIONAL INSTITUTE ON MINORITY HEALTH AND

2 HEALTH DISPARITIES

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to minority health and health disparities 

5 research, $276,963,000. 

6 JOHN E. FOGARTY INTERNATIONAL CENTER

7 For carrying out the activities of the John E. Fogarty 

8 International Center (described in subpart 2 of part E of 

9 title IV of the PHS Act), $69,754,000. 

10 NATIONAL LIBRARY OF MEDICINE

11 For carrying out section 301 and title IV of the PHS 

12 Act with respect to health information communications, 

13 $338,278,000, of which $4,000,000 shall be available until 

14 September 30, 2013, for improvement of information sys15 tems: Provided, That in fiscal year 2012, the National Li16 brary of Medicine may enter into personal services con17 tracts for the provision of services in facilities owned, oper18 ated, or constructed under the jurisdiction of the National 

19 Institutes of Health (referred to in this title as ‘‘NIH’’): 

20 Provided further, That in addition to amounts provided 

21 herein, $8,200,000 shall be available from amounts avail22 able under section 241 of the PHS Act to carry out the 

23 purposes of the National Information Center on Health 

24 Services Research and Health Care Technology estabmstockstill on DSK4VPTVN1PROD with BILLS

714 

•HR 3671 IH

1 lished under section 478A of the PHS Act and related 

2 health services. 

3 NATIONAL CENTER FOR ADVANCING TRANSLATIONAL

4 SCIENCES

5 For carrying out section 301 and title IV of the PHS 

6 Act with respect to translational sciences, $576,456,000: 

7 Provided, That up to $10,000,000 shall be available to im8 plement section 402C of the PHS Act, relating to the 

9 Cures Acceleration Network: Provided further, That funds 

10 appropriated may be used to support the reorganization 

11 and activities required to eliminate the National Center 

12 for Research Resources: Provided further, That the Direc13 tor of the NIH shall ensure that, of all funds made avail14 able to Institute, Center, and Office of the Director ac15 counts within ‘‘Department of Health and Human Serv16 ices, National Institutes of Health’’, at least $487,767,000 

17 is provided to the Clinical and Translational Sciences 

18 Awards program. 

19 OFFICE OF THE DIRECTOR

20 For carrying out the responsibilities of the Office of 

21 the Director, NIH, $1,461,880,000, of which up to 

22 $25,000,000 shall be used to carry out section 213 of this 

23 Act: Provided, That funding shall be available for the pur24 chase of not to exceed 29 passenger motor vehicles for re25 placement only: Provided further, That NIH is authorized 

mstockstill on DSK4VPTVN1PROD with BILLS

715 

•HR 3671 IH

1 to collect third-party payments for the cost of clinical serv2 ices that are incurred in NIH research facilities and that 

3 such payments shall be credited to the NIH Management 

4 Fund: Provided further, That all funds credited to the 

5 NIH Management Fund shall remain available for one fis6 cal year after the fiscal year in which they are deposited: 

7 Provided further, That $193,880,000 shall be available for 

8 continuation of the National Children’s Study: Provided 

9 further, That $545,962,000 shall be available for the Com10 mon Fund established under section 402A(c)(1) of the 

11 PHS Act: Provided further, That of the funds provided 

12 $10,000 shall be for official reception and representation 

13 expenses when specifically approved by the Director of the 

14 NIH: Provided further, That the Office of AIDS Research 

15 within the Office of the Director of the NIH may spend 

16 up to $8,000,000 to make grants for construction or ren17 ovation of facilities as provided for in section 

18 2354(a)(5)(B) of the PHS Act. 

19 BUILDINGS AND FACILITIES

20 For the study of, construction of, renovation of, and 

21 acquisition of equipment for, facilities of or used by NIH, 

22 including the acquisition of real property, $125,581,000, 

23 to remain available until September 30, 2016. 

mstockstill on DSK4VPTVN1PROD with BILLS

716 

•HR 3671 IH

1 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

2 ADMINISTRATION

3 MENTAL HEALTH

4 For carrying out titles III, V, and XIX of the PHS 

5 Act with respect to mental health, and the Protection and 

6 Advocacy for Individuals with Mental Illness Act, 

7 $934,853,000: Provided, That notwithstanding section 

8 520A(f)(2) of the PHS Act, no funds appropriated for car9 rying out section 520A shall be available for carrying out 

10 section 1971 of the PHS Act: Provided further, That in 

11 addition to amounts provided herein, $21,039,000 shall be 

12 available under section 241 of the PHS Act to carry out 

13 subpart I of part B of title XIX of the PHS Act to fund 

14 section 1920(b) technical assistance, national data, data 

15 collection and evaluation activities, and further that the 

16 total available under this Act for section 1920(b) activities 

17 shall not exceed 5 percent of the amounts appropriated 

18 for subpart I of part B of title XIX: Provided further, That 

19 section 520E(b)(2) of the PHS Act shall not apply to 

20 funds appropriated under this Act for fiscal year 2012: 

21 Provided further, That of the amount appropriated under 

22 this heading, $45,800,000 shall be for the National Child 

23 Traumatic Stress Initiative as described in section 582 of 

24 the PHS Act. 

mstockstill on DSK4VPTVN1PROD with BILLS

717 

•HR 3671 IH

1 SUBSTANCE ABUSE TREATMENT

2 For carrying out titles III, V, and XIX of the PHS 

3 Act with respect to substance abuse treatment and section 

4 1922(a) of the PHS Act with respect to substance abuse 

5 prevention, $2,123,993,000: Provided, That in addition to 

6 amounts provided herein, the following amounts shall be 

7 available under section 241 of the PHS Act: (1) 

8 $79,200,000 to carry out subpart II of part B of title XIX 

9 of the PHS Act to fund section 1935(b) technical assist10 ance, national data, data collection and evaluation activi11 ties, and further that the total available under this Act 

12 for section 1935(b) activities shall not exceed 5 percent 

13 of the amounts appropriated for subpart II of part B of 

14 title XIX; and (2) $2,000,000 to evaluate substance abuse 

15 treatment programs: Provided further, That no funds shall 

16 be available for the National All Schedules Prescription 

17 Reporting system. 

18 SUBSTANCE ABUSE PREVENTION

19 For carrying out titles III and V of the PHS Act 

20 with respect to substance abuse prevention, $186,361,000. 

21 HEALTH SURVEILLANCE AND PROGRAM SUPPORT

22 For program support and cross-cutting activities that 

23 supplement activities funded under the headings ‘‘Mental 

24 Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance 

25 Abuse Prevention’’ in carrying out titles III, V and XIX 

mstockstill on DSK4VPTVN1PROD with BILLS

718 

•HR 3671 IH

1 of the PHS Act and the Protection and Advocacy for Indi2 viduals with Mental Illness Act in the Substance Abuse 

3 and Mental Health Services Administration, 

4 $109,106,000: Provided, That in addition to amounts pro5 vided herein, $27,428,000 shall be available under section 

6 241 of the PHS Act to supplement funds available to 

7 carry out national surveys on drug abuse and mental 

8 health, to collect and analyze program data, and to con9 duct public awareness and technical assistance activities: 

10 Provided further, That funds made available under this 

11 heading may be used to supplement program support 

12 funding provided under the headings ‘‘Mental Health’’, 

13 ‘‘Substance Abuse Treatment’’, and ‘‘Substance Abuse 

14 Prevention’’. 

15 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

16 HEALTHCARE RESEARCH AND QUALITY

17 For carrying out titles III and IX of the PHS Act, 

18 part A of title XI of the Social Security Act, and section 

19 1013 of the Medicare Prescription Drug, Improvement, 

20 and Modernization Act of 2003, $369,053,000 shall be 

21 available from amounts available under section 241 of the 

22 PHS Act, notwithstanding subsection 947(c) of such Act: 

23 Provided, That in addition, amounts received from Free24 dom of Information Act fees, reimbursable and inter25 agency agreements, and the sale of data shall be credited 

mstockstill on DSK4VPTVN1PROD with BILLS

719 

•HR 3671 IH

1 to this appropriation and shall remain available until Sep2 tember 30, 2013. 

3 CENTERS FOR MEDICARE AND MEDICAID SERVICES

4 GRANTS TO STATES FOR MEDICAID

5 For carrying out, except as otherwise provided, titles 

6 XI and XIX of the Social Security Act, $184,279,110,000, 

7 to remain available until expended. 

8 For making, after May 31, 2012, payments to States 

9 under title XIX or in the case of section 1928 on behalf 

10 of States under title XIX of the Social Security Act for 

11 the last quarter of fiscal year 2012 for unanticipated costs 

12 incurred for the current fiscal year, such sums as may be 

13 necessary. 

14 For making payments to States or in the case of sec15 tion 1928 on behalf of States under title XIX of the Social 

16 Security Act for the first quarter of fiscal year 2013, 

17 $90,614,082,000, to remain available until expended. 

18 Payment under such title XIX may be made for any 

19 quarter with respect to a State plan or plan amendment 

20 in effect during such quarter, if submitted in or prior to 

21 such quarter and approved in that or any subsequent 

22 quarter. 

23 PAYMENTS TO HEALTH CARE TRUST FUNDS

24 For payment to the Federal Hospital Insurance 

25 Trust Fund and the Federal Supplementary Medical Inmstockstill on DSK4VPTVN1PROD with BILLS

720 

•HR 3671 IH

1 surance Trust Fund, as provided under sections 217(g), 

2 1844, and 1860D–16 of the Social Security Act, sections 

3 103(c) and 111(d) of the Social Security Amendments of 

4 1965, section 278(d)(3) of Public Law 97–248, and for 

5 administrative expenses incurred pursuant to section 

6 201(g) of the Social Security Act, $230,741,378,000. 

7 In addition, for making matching payments under 

8 section 1844 and benefit payments under section 1860D– 

9 16 of the Social Security Act that were not anticipated 

10 in budget estimates, such sums as may be necessary. 

11 PROGRAM MANAGEMENT

12 For carrying out, except as otherwise provided, titles 

13 XI, XVIII, XIX, and XXI of the Social Security Act, titles 

14 XIII and XXVII of the PHS Act, the Clinical Laboratory 

15 Improvement Amendments of 1988, and other responsibil16 ities of the Centers for Medicare and Medicaid Services, 

17 not to exceed $3,879,476,000, to be transferred from the 

18 Federal Hospital Insurance Trust Fund and the Federal 

19 Supplementary Medical Insurance Trust Fund, as author20 ized by section 201(g) of the Social Security Act; together 

21 with all funds collected in accordance with section 353 of 

22 the PHS Act and section 1857(e)(2) of the Social Security 

23 Act, funds retained by the Secretary pursuant to section 

24 302 of the Tax Relief and Health Care Act of 2006; and 

25 such sums as may be collected from authorized user fees 

mstockstill on DSK4VPTVN1PROD with BILLS

721 

•HR 3671 IH

1 and the sale of data, which shall be credited to this ac2 count and remain available until September 30, 2017: Pro3 vided, That all funds derived in accordance with 31 U.S.C. 

4 9701 from organizations established under title XIII of 

5 the PHS Act shall be credited to and available for carrying 

6 out the purposes of this appropriation: Provided further, 

7 That $34,000,000, to remain available through September 

8 30, 2013, shall be for contract costs for the Healthcare 

9 Integrated General Ledger Accounting System: Provided 

10 further, That the Secretary is directed to collect fees in 

11 fiscal year 2012 from Medicare Advantage organizations 

12 pursuant to section 1857(e)(2) of the Social Security Act 

13 and from eligible organizations with risk-sharing contracts 

14 under section 1876 of that Act pursuant to section 

15 1876(k)(4)(D) of that Act: Provided further, That 

16 $44,000,000 shall be available for the State high-risk 

17 health insurance pool program as authorized by the State 

18 High Risk Pool Funding Extension Act of 2006. 

19 HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

20 In addition to amounts otherwise available for pro21 gram integrity and program management, $310,377,000, 

22 to remain available through September 30, 2013, to be 

23 transferred from the Federal Hospital Insurance Trust 

24 Fund and the Federal Supplementary Medical Insurance 

25 Trust Fund, as authorized by section 201(g) of the Social 

mstockstill on DSK4VPTVN1PROD with BILLS

722 

•HR 3671 IH

1 Security Act, of which $219,879,000 shall be for the Medi2 care Integrity Program at the Centers for Medicare and 

3 Medicaid Services, including administrative costs, to con4 duct oversight activities for Medicare Advantage under 

5 Part C and the Medicare Prescription Drug Program 

6 under Part D of the Social Security Act and for activities 

7 described in section 1893(b) of such Act, of which 

8 $29,730,000 shall be for the Department of Health and 

9 Human Services Office of Inspector General to carry out 

10 fraud and abuse activities authorized by section 

11 1817(k)(3) of such Act, of which $31,038,000 shall be for 

12 the Medicaid and Children’s Health Insurance Program 

13 (‘‘CHIP’’) program integrity activities, and of which 

14 $29,730,000 shall be for the Department of Justice to 

15 carry out fraud and abuse activities authorized by section 

16 1817(k)(3) of such Act: Provided, That the report re17 quired by section 1817(k)(5) of the Social Security Act 

18 for fiscal year 2012 shall include measures of the oper19 ational efficiency and impact on fraud, waste, and abuse 

20 in the Medicare, Medicaid, and CHIP programs for the 

21 funds provided by this appropriation. 

mstockstill on DSK4VPTVN1PROD with BILLS

723 

•HR 3671 IH

1 ADMINISTRATION FOR CHILDREN AND FAMILIES

2 PAYMENTS TO STATES FOR CHILD SUPPORT

3 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

4 For making payments to States or other non-Federal 

5 entities under titles I, IV–D, X, XI, XIV, and XVI of the 

6 Social Security Act and the Act of July 5, 1960, 

7 $2,305,035,000, to remain available until expended; and 

8 for such purposes for the first quarter of fiscal year 2013, 

9 $1,100,000,000, to remain available until expended. 

10 For making payments to each State for carrying out 

11 the program of Aid to Families with Dependent Children 

12 under title IV–A of the Social Security Act before the ef13 fective date of the program of Temporary Assistance for 

14 Needy Families with respect to such State, such sums as 

15 may be necessary: Provided, That the sum of the amounts 

16 available to a State with respect to expenditures under 

17 such title IV–A in fiscal year 1997 under this appropria18 tion and under such title IV–A as amended by the Per19 sonal Responsibility and Work Opportunity Reconciliation 

20 Act of 1996 shall not exceed the limitations under section 

21 116(b) of such Act. 

22 For making, after May 31 of the current fiscal year, 

23 payments to States or other non-Federal entities under 

24 titles I, IV–D, X, XI, XIV, and XVI of the Social Security 

25 Act and the Act of July 5, 1960, for the last 3 months 

mstockstill on DSK4VPTVN1PROD with BILLS

724 

•HR 3671 IH

1 of the current fiscal year for unanticipated costs, incurred 

2 for the current fiscal year, such sums as may be necessary. 

3 LOW INCOME HOME ENERGY ASSISTANCE

4 For making payments under subsections (b) and (d) 

5 of section 2602 of the Low Income Home Energy Assist6 ance Act of 1981, $3,478,246,000: Provided, That all but 

7 $497,000,000 of such funds shall be allocated as though 

8 the total appropriation for such payments for fiscal year 

9 2012 was less than $1,975,000,000: Provided further, 

10 That notwithstanding section 2609A(a), of the amounts 

11 appropriated under section 2602(b), not more than 

12 $3,000,000 of such amounts may be reserved by the Sec13 retary for technical assistance, training, and monitoring 

14 of program activities for compliance with internal controls, 

15 policies and procedures. 

16 REFUGEE AND ENTRANT ASSISTANCE

17 For necessary expenses for refugee and entrant as18 sistance activities authorized by section 414 of the Immi19 gration and Nationality Act and section 501 of the Ref20 ugee Education Assistance Act of 1980, for carrying out 

21 section 462 of the Homeland Security Act of 2002, section 

22 235 of the William Wilberforce Trafficking Victims Pro23 tection Reauthorization Act of 2008, and the Trafficking 

24 Victims Protection Act of 2000, for costs associated with 

25 the care and placement of unaccompanied alien children, 

mstockstill on DSK4VPTVN1PROD with BILLS

725 

•HR 3671 IH

1 and for carrying out the Torture Victims Relief Act of 

2 1998, $769,789,000, of which up to $9,794,000 shall be 

3 available to carry out the Trafficking Victims Protection 

4 Act of 2000: Provided, That funds appropriated under this 

5 heading pursuant to section 414(a) of the Immigration 

6 and Nationality Act, section 462 of the Homeland Secu7 rity Act of 2002, section 235 of the William Wilberforce 

8 Trafficking Victims Protection Reauthorization Act of 

9 2008, and the Trafficking Victims Protection Act of 2000 

10 for fiscal year 2012 shall be available for the costs of as11 sistance provided and other activities to remain available 

12 through September 30, 2014. 

13 PAYMENTS TO STATES FOR THE CHILD CARE AND

14 DEVELOPMENT BLOCK GRANT

15 For carrying out the Child Care and Development 

16 Block Grant Act of 1990, $2,282,627,000 shall be used 

17 to supplement, not supplant State general revenue funds 

18 for child care assistance for low-income families: Provided, 

19 That $19,433,000 shall be available for child care resource 

20 and referral and school-aged child care activities, of which 

21 $1,000,000 shall be available to the Secretary for a com22 petitive grant for the operation of a national toll free hot23 line and Web site to develop and disseminate child care 

24 consumer education information for parents and help par25 ents access child care in their local community: Provided 

mstockstill on DSK4VPTVN1PROD with BILLS

726 

•HR 3671 IH

1 further, That, in addition to the amounts required to be 

2 reserved by the States under section 658G, $291,248,000 

3 shall be reserved by the States for activities authorized 

4 under section 658G, of which $106,813,000 shall be for 

5 activities that improve the quality of infant and toddler 

6 care: Provided further, That $9,890,000 shall be for use 

7 by the Secretary for child care research, demonstration, 

8 and evaluation activities. 

9 SOCIAL SERVICES BLOCK GRANT

10 For making grants to States pursuant to section 

11 2002 of the Social Security Act, $1,700,000,000: Pro12 vided, That notwithstanding subparagraph (B) of section 

13 404(d)(2) of such Act, the applicable percent specified 

14 under such subparagraph for a State to carry out State 

15 programs pursuant to title XX of such Act shall be 10 

16 percent. 

17 CHILDREN AND FAMILIES SERVICES PROGRAMS

18 For carrying out, except as otherwise provided, the 

19 Runaway and Homeless Youth Act, the Developmental 

20 Disabilities Assistance and Bill of Rights Act, the Head 

21 Start Act, the Child Abuse Prevention and Treatment Act, 

22 sections 303 and 313 of the Family Violence Prevention 

23 and Services Act, the Native American Programs Act of 

24 1974, title II of the Child Abuse Prevention and Treat25 ment and Adoption Reform Act of 1978 (adoption oppormstockstill on DSK4VPTVN1PROD with BILLS

727 

•HR 3671 IH

1 tunities), the Abandoned Infants Assistance Act of 1988, 

2 section 291 of the Help America Vote Act of 2002, part 

3 B–1 of title IV and sections 413, 1110, and 1115 of the 

4 Social Security Act; for making payments under the Com5 munity Services Block Grant Act (‘‘CSBG Act’’), sections 

6 439(i), 473B, and 477(i) of the Social Security Act, and 

7 the Assets for Independence Act; and for necessary admin8 istrative expenses to carry out such Acts and titles I, IV, 

9 V, X, XI, XIV, XVI, and XX of the Social Security Act, 

10 the Act of July 5, 1960, the Low Income Home Energy 

11 Assistance Act of 1981, title IV of the Immigration and 

12 Nationality Act, and section 501 of the Refugee Education 

13 Assistance Act of 1980, $9,926,709,000, of which 

14 $39,421,000, to remain available through September 30, 

15 2013, shall be for grants to States for adoption incentive 

16 payments, as authorized by section 473A of the Social Se17 curity Act and may be made for adoptions completed be18 fore September 30, 2012: Provided, That $7,983,633,000 

19 shall be for making payments under the Head Start Act: 

20 Provided further, That for purposes of allocating funds de21 scribed by the immediately preceding proviso, the term 

22 ‘‘base grant’’ as used in subsection (a)(7)(A) of section 

23 640 of such Act with respect to funding provided to a 

24 Head Start agency (including each Early Head Start 

25 agency) for fiscal year 2011 shall be calculated as demstockstill on DSK4VPTVN1PROD with BILLS

728 

•HR 3671 IH

1 scribed in such subsection and to which amount shall be 

2 added 50 percent of the amount of funds appropriated 

3 under the heading ‘‘Department of Health and Human 

4 Services, Administration for Children and Families, Chil5 dren and Family Services Programs’’ in Public Law 111– 

6 5 and provided to such agency for carrying out expansion 

7 of Head Start programs, as that phrase is used in sub8 section (a)(4)(D) of such section 640, and provided to 

9 such agency as the ongoing funding level for operations 

10 in the 12-month period beginning in fiscal year 2010: Pro11 vided further, That $713,630,000 shall be for making pay12 ments under the CSBG Act: Provided further, That 

13 $35,340,000 shall be for sections 680 and 678E(b)(2) of 

14 the CSBG Act, of which not less than $30,000,000 shall 

15 be for section 680(a)(2) and not less than $4,990,000 

16 shall be for section 680(a)(3)(B) of such Act: Provided 

17 further, That in addition to amounts provided herein, 

18 $5,762,000 shall be available from amounts available 

19 under section 241 of the PHS Act to carry out the provi20 sions of section 1110 of the Social Security Act: Provided 

21 further, That to the extent Community Services Block 

22 Grant funds are distributed as grant funds by a State to 

23 an eligible entity as provided under the CSBG Act, and 

24 have not been expended by such entity, they shall remain 

25 with such entity for carryover into the next fiscal year for 

mstockstill on DSK4VPTVN1PROD with BILLS

729 

•HR 3671 IH

1 expenditure by such entity consistent with program pur2 poses: Provided further, That the Secretary shall establish 

3 procedures regarding the disposition of intangible assets 

4 and program income that permit such assets acquired 

5 with, and program income derived from, grant funds au6 thorized under section 680 of the CSBG Act to become 

7 the sole property of such grantees after a period of not 

8 more than 12 years after the end of the grant period for 

9 any activity consistent with section 680(a)(2)(A) of the 

10 CSBG Act: Provided further, That intangible assets in the 

11 form of loans, equity investments and other debt instru12 ments, and program income may be used by grantees for 

13 any eligible purpose consistent with section 680(a)(2)(A) 

14 of the CSBG Act: Provided further, That these procedures 

15 shall apply to such grant funds made available after No16 vember 29, 1999: Provided further, That funds appro17 priated for section 680(a)(2) of the CSBG Act shall be 

18 available for financing construction and rehabilitation and 

19 loans or investments in private business enterprises owned 

20 by community development corporations: Provided further, 

21 That $5,245,000 shall be for activities authorized by sec22 tion 291 of the Help America Vote Act of 2002: Provided 

23 further, That $1,996,000 shall be for a human services 

24 case management system for federally declared disasters, 

25 to include a comprehensive national case management conmstockstill on DSK4VPTVN1PROD with BILLS

730 

•HR 3671 IH

1 tract and Federal costs of administering the system: Pro2 vided further, That up to $2,000,000 shall be for improv3 ing the Public Assistance Reporting Information System, 

4 including grants to States to support data collection for 

5 a study of the system’s effectiveness. 

6 PROMOTING SAFE AND STABLE FAMILIES

7 For carrying out section 436 of the Social Security 

8 Act, $345,000,000 and section 437 of such Act, 

9 $63,184,000. 

10 PAYMENTS FOR FOSTER CARE AND PERMANENCY

11 For making payments to States or other non-Federal 

12 entities under title IV–E of the Social Security Act, 

13 $5,153,000,000. 

14 For making payments to States or other non-Federal 

15 entities under title IV–E of the Social Security Act, for 

16 the first quarter of fiscal year 2013, $2,100,000,000. 

17 For making, after May 31 of the current fiscal year, 

18 payments to States or other non-Federal entities under 

19 section 474 of title IV–E of the Social Security Act, for 

20 the last 3 months of the current fiscal year for unantici21 pated costs, incurred for the current fiscal year, such sums 

22 as may be necessary. 

mstockstill on DSK4VPTVN1PROD with BILLS

731 

•HR 3671 IH

1 ADMINISTRATION ON AGING

2 AGING SERVICES PROGRAMS

3 (INCLUDING TRANSFER OF FUNDS)

4 For carrying out, to the extent not otherwise pro5 vided, the Older Americans Act of 1965 (‘‘OAA’’), section 

6 398 and title XXIX of the PHS Act, section 119 of the 

7 Medicare Improvements for Patients and Providers Act of 

8 2008, $1,473,703,000: Provided, That amounts appro9 priated under this heading may be used for grants to 

10 States under section 361 of the OAA only for disease pre11 vention and health promotion programs and activities 

12 which have been demonstrated through rigorous evalua13 tion to be evidence-based and effective: Provided further, 

14 That none of the funds provided shall be used to carry 

15 out sections 1701 and 1703 of the PHS Act (with respect 

16 to chronic disease self-management activity grants), ex17 cept that such funds may be used for necessary expenses 

18 associated with administering any such grants awarded 

19 prior to the date of the enactment of this Act: Provided 

20 further, That the total amount available for fiscal year 

21 2012 under this and any other Act to carry out activities 

22 related to Aging and Disability Resource Centers under 

23 subsections (a)(20)(B)(iii) and (b)(8) of section 202 of the 

24 OAA shall not exceed the amount obligated for such pur25 poses for fiscal year 2010 from funds available under Pubmstockstill on DSK4VPTVN1PROD with BILLS

732 

•HR 3671 IH

1 lic Law 111–117: Provided further, That notwithstanding 

2 any other provision of this Act, funds made available 

3 under this heading to carry out section 311 of the OAA 

4 may be transferred to the Secretary of Agriculture in ac5 cordance with such section. 

6 OFFICE OF THE SECRETARY

7 GENERAL DEPARTMENTAL MANAGEMENT

8 For necessary expenses, not otherwise provided, for 

9 general departmental management, including hire of six 

10 passenger motor vehicles, and for carrying out titles III, 

11 XVII, and XXI of the PHS Act, the United States-Mexico 

12 Border Health Commission Act, and research studies 

13 under section 1110 of the Social Security Act, 

14 $475,221,000, together with $69,211,000 from the 

15 amounts available under section 241 of the PHS Act to 

16 carry out national health or human services research and 

17 evaluation activities: Provided, That of this amount, 

18 $53,783,000 shall be for minority AIDS prevention and 

19 treatment activities: Provided further, That of the funds 

20 made available under this heading, $104,790,000 shall be 

21 for making competitive contracts and grants to public and 

22 private entities to fund medically accurate and age appro23 priate programs that reduce teen pregnancy and for the 

24 Federal costs associated with administering and evalu25 ating such contracts and grants, of which not less than 

mstockstill on DSK4VPTVN1PROD with BILLS

733 

•HR 3671 IH

1 $75,000,000 shall be for replicating programs that have 

2 been proven effective through rigorous evaluation to re3 duce teenage pregnancy, behavioral risk factors underlying 

4 teenage pregnancy, or other associated risk factors, of 

5 which not less than $25,000,000 shall be available for re6 search and demonstration grants to develop, replicate, re7 fine, and test additional models and innovative strategies 

8 for preventing teenage pregnancy, and of which any re9 maining amounts shall be available for training and tech10 nical assistance, evaluation, outreach, and additional pro11 gram support activities: Provided further, That of the 

12 amounts provided under this heading from amounts avail13 able under section 241 of the PHS Act, $8,455,000 shall 

14 be available to carry out evaluations (including longitu15 dinal evaluations) of teenage pregnancy prevention ap16 proaches: Provided further, That of the funds made avail17 able under this heading, $5,000,000 shall be for making 

18 competitive grants to provide abstinence education (as de19 fined by section 510(b)(2)(A)–(H) of the Social Security 

20 Act) to adolescents, and for Federal costs of administering 

21 the grant: Provided further, That grants made under the 

22 authority of section 510(b)(2)(A)–(H) of the Social Secu23 rity Act shall be made only to public and private entities 

24 that agree that, with respect to an adolescent to whom 

25 the entities provide abstinence education under such 

mstockstill on DSK4VPTVN1PROD with BILLS

734 

•HR 3671 IH

1 grant, the entities will not provide to that adolescent any 

2 other education regarding sexual conduct, except that, in 

3 the case of an entity expressly required by law to provide 

4 health information or services the adolescent shall not be 

5 precluded from seeking health information or services 

6 from the entity in a different setting than the setting in 

7 which abstinence education was provided: Provided fur8 ther, That funds provided in this Act for embryo adoption 

9 activities may be used to provide to individuals adopting 

10 embryos, through grants and other mechanisms, medical 

11 and administrative services deemed necessary for such 

12 adoptions: Provided further, That such services shall be 

13 provided consistent with 42 CFR 59.5(a)(4). 

14 OFFICE OF MEDICARE HEARINGS AND APPEALS

15 For expenses necessary for administrative law judges 

16 responsible for hearing cases under title XVIII of the So17 cial Security Act (and related provisions of title XI of such 

18 Act), $72,147,000, to be transferred in appropriate part 

19 from the Federal Hospital Insurance Trust Fund and the 

20 Federal Supplementary Medical Insurance Trust Fund. 

21 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

22 INFORMATION TECHNOLOGY

23 For expenses necessary for the Office of the National 

24 Coordinator for Health Information Technology, including 

25 grants, contracts, and cooperative agreements for the demstockstill on DSK4VPTVN1PROD with BILLS

735 

•HR 3671 IH

1 velopment and advancement of interoperable health infor2 mation technology, $16,446,000: Provided, That in addi3 tion to amounts provided herein, $44,811,000 shall be 

4 available from amounts available under section 241 of the 

5 PHS Act. 

6 OFFICE OF INSPECTOR GENERAL

7 For expenses necessary for the Office of Inspector 

8 General, including the hire of passenger motor vehicles for 

9 investigations, in carrying out the provisions of the Inspec10 tor General Act of 1978, $50,178,000: Provided, That of 

11 such amount, necessary sums shall be available for pro12 viding protective services to the Secretary and inves13 tigating non-payment of child support cases for which non14 payment is a Federal offense under 18 U.S.C. 228: Pro15 vided further, That at least 40 percent of the funds pro16 vided in this Act for the Office of Inspector General shall 

17 be used only for investigations, audits, and evaluations 

18 pertaining to the discretionary programs funded in this 

19 Act. 

20 OFFICE FOR CIVIL RIGHTS

21 For expenses necessary for the Office for Civil 

22 Rights, $41,016,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

736 

•HR 3671 IH

1 RETIREMENT PAY AND MEDICAL BENEFITS FOR

2 COMMISSIONED OFFICERS

3 For retirement pay and medical benefits of Public 

4 Health Service Commissioned Officers as authorized by 

5 law, for payments under the Retired Serviceman’s Family 

6 Protection Plan and Survivor Benefit Plan, and for med7 ical care of dependents and retired personnel under the 

8 Dependents’ Medical Care Act, such amounts as may be 

9 required during the current fiscal year. 

10 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

11 FUND

12 (INCLUDING TRANSFER OF FUNDS)

13 For expenses necessary to support activities related 

14 to countering potential biological, nuclear, radiological, 

15 chemical, and cybersecurity threats to civilian populations, 

16 and for other public health emergencies, $569,452,000; of 

17 which $10,000,000 shall remain available until September 

18 30, 2014 to support emergency operations. 

19 From funds transferred to this account pursuant to 

20 the fourth paragraph under this heading in Public Law 

21 111–117, up to $415,000,000 shall be available for ex22 penses necessary to support advanced research and devel23 opment pursuant to section 319L of the PHS Act, and 

24 other administrative expenses of the Biomedical Advanced 

mstockstill on DSK4VPTVN1PROD with BILLS

737 

•HR 3671 IH

1 Research and Development Authority to support addi2 tional advanced research and development. 

3 GENERAL PROVISIONS

4 SEC. 201. Funds appropriated in this title shall be 

5 available for not to exceed $50,000 for official reception 

6 and representation expenses when specifically approved by 

7 the Secretary. 

8 SEC. 202. The Secretary shall make available through 

9 assignment not more than 60 employees of the Public 

10 Health Service to assist in child survival activities and to 

11 work in AIDS programs through and with funds provided 

12 by the Agency for International Development, the United 

13 Nations International Children’s Emergency Fund or the 

14 World Health Organization. 

15 SEC. 203. None of the funds appropriated in this title 

16 shall be used to pay the salary of an individual, through 

17 a grant or other extramural mechanism, at a rate in excess 

18 of Executive Level II. 

19 SEC. 204. None of the funds appropriated in this Act 

20 may be expended pursuant to section 241 of the PHS Act, 

21 except for funds specifically provided for in this Act, or 

22 for other taps and assessments made by any office located 

23 in HHS, prior to the preparation and submission of a re24 port by the Secretary to the Committees on Appropriamstockstill on DSK4VPTVN1PROD with BILLS

738 

•HR 3671 IH

1 tions of the House of Representatives and the Senate de2 tailing the planned uses of such funds. 

3 SEC. 205. Notwithstanding section 241(a) of the 

4 PHS Act, such portion as the Secretary shall determine, 

5 but not more than 2.5 percent, of any amounts appro6 priated for programs authorized under such Act shall be 

7 made available for the evaluation (directly, or by grants 

8 or contracts) of the implementation and effectiveness of 

9 such programs. 

10 (TRANSFER OF FUNDS)

11 SEC. 206. Not to exceed 1 percent of any discre12 tionary funds (pursuant to the Balanced Budget and 

13 Emergency Deficit Control Act of 1985) which are appro14 priated for the current fiscal year for HHS in this Act 

15 may be transferred between appropriations, but no such 

16 appropriation shall be increased by more than 3 percent 

17 by any such transfer: Provided, That the transfer author18 ity granted by this section shall not be used to create any 

19 new program or to fund any project or activity for which 

20 no funds are provided in this Act: Provided further, That 

21 the Committees on Appropriations of the House of Rep22 resentatives and the Senate are notified at least 15 days 

23 in advance of any transfer. 

mstockstill on DSK4VPTVN1PROD with BILLS

739 

•HR 3671 IH

1 (TRANSFER OF FUNDS)

2 SEC. 207. The Director of the NIH, jointly with the 

3 Director of the Office of AIDS Research, may transfer up 

4 to 3 percent among institutes and centers from the total 

5 amounts identified by these two Directors as funding for 

6 research pertaining to the human immunodeficiency virus: 

7 Provided, That the Committees on Appropriations of the 

8 House of Representatives and the Senate are notified at 

9 least 15 days in advance of any transfer. 

10 (TRANSFER OF FUNDS)

11 SEC. 208. Of the amounts made available in this Act 

12 for NIH, the amount for research related to the human 

13 immunodeficiency virus, as jointly determined by the Di14 rector of NIH and the Director of the Office of AIDS Re15 search, shall be made available to the ‘‘Office of AIDS 

16 Research’’ account. The Director of the Office of AIDS 

17 Research shall transfer from such account amounts nec18 essary to carry out section 2353(d)(3) of the PHS Act. 

19 SEC. 209. None of the funds appropriated in this Act 

20 may be made available to any entity under title X of the 

21 PHS Act unless the applicant for the award certifies to 

22 the Secretary that it encourages family participation in 

23 the decision of minors to seek family planning services and 

24 that it provides counseling to minors on how to resist at25 tempts to coerce minors into engaging in sexual activities. 

mstockstill on DSK4VPTVN1PROD with BILLS

740 

•HR 3671 IH

1 SEC. 210. Notwithstanding any other provision of 

2 law, no provider of services under title X of the PHS Act 

3 shall be exempt from any State law requiring notification 

4 or the reporting of child abuse, child molestation, sexual 

5 abuse, rape, or incest. 

6 SEC. 211. None of the funds appropriated by this Act 

7 (including funds appropriated to any trust fund) may be 

8 used to carry out the Medicare Advantage program if the 

9 Secretary denies participation in such program to an oth10 erwise eligible entity (including a Provider Sponsored Or11 ganization) because the entity informs the Secretary that 

12 it will not provide, pay for, provide coverage of, or provide 

13 referrals for abortions: Provided, That the Secretary shall 

14 make appropriate prospective adjustments to the capita15 tion payment to such an entity (based on an actuarially 

16 sound estimate of the expected costs of providing the serv17 ice to such entity’s enrollees): Provided further, That noth18 ing in this section shall be construed to change the Medi19 care program’s coverage for such services and a Medicare 

20 Advantage organization described in this section shall be 

21 responsible for informing enrollees where to obtain infor22 mation about all Medicare covered services. 

23 SEC. 212. In order for HHS to carry out inter24 national health activities, including HIV/AIDS and other 

mstockstill on DSK4VPTVN1PROD with BILLS

741 

•HR 3671 IH

1 infectious disease, chronic and environmental disease, and 

2 other health activities abroad during fiscal year 2012: 

3 (1) The Secretary may exercise authority equiv4 alent to that available to the Secretary of State in 

5 section 2(c) of the State Department Basic Authori6 ties Act of 1956. The Secretary shall consult with 

7 the Secretary of State and relevant Chief of Mission 

8 to ensure that the authority provided in this section 

9 is exercised in a manner consistent with section 207 

10 of the Foreign Service Act of 1980 and other appli11 cable statutes administered by the Department of 

12 State. 

13 (2) The Secretary is authorized to provide such 

14 funds by advance or reimbursement to the Secretary 

15 of State as may be necessary to pay the costs of ac16 quisition, lease, alteration, renovation, and manage17 ment of facilities outside of the United States for 

18 the use of HHS. The Department of State shall co19 operate fully with the Secretary to ensure that HHS 

20 has secure, safe, functional facilities that comply 

21 with applicable regulation governing location, set22 back, and other facilities requirements and serve the 

23 purposes established by this Act. The Secretary is 

24 authorized, in consultation with the Secretary of 

25 State, through grant or cooperative agreement, to 

mstockstill on DSK4VPTVN1PROD with BILLS

742 

•HR 3671 IH

1 make available to public or nonprofit private institu2 tions or agencies in participating foreign countries, 

3 funds to acquire, lease, alter, or renovate facilities in 

4 those countries as necessary to conduct programs of 

5 assistance for international health activities, includ6 ing activities relating to HIV/AIDS and other infec7 tious diseases, chronic and environmental diseases, 

8 and other health activities abroad. 

9 (3) The Secretary is authorized to provide to 

10 personnel appointed or assigned by the Secretary to 

11 serve abroad, allowances and benefits similar to 

12 those provided under chapter 9 of title I of the For13 eign Service Act of 1980, and 22 U.S.C. 4081 

14 through 4086 and subject to such regulations pre15 scribed by the Secretary. The Secretary is further 

16 authorized to provide locality-based comparability 

17 payments (stated as a percentage) up to the amount 

18 of the locality-based comparability payment (stated 

19 as a percentage) that would be payable to such per20 sonnel under section 5304 of title 5, United States 

21 Code if such personnel’s official duty station were in 

22 the District of Columbia. Leaves of absence for per23 sonnel under this subsection shall be on the same 

24 basis as that provided under subchapter I of chapter 

25 63 of title 5, United States Code, or section 903 of 

mstockstill on DSK4VPTVN1PROD with BILLS

743 

•HR 3671 IH

1 the Foreign Service Act of 1980, to individuals serv2 ing in the Foreign Service. 

3 SEC. 213. (a) AUTHORITY.—Notwithstanding any 

4 other provision of law, the Director of NIH (‘‘Director’’) 

5 may use funds available under section 402(b)(7) or 

6 402(b)(12) of the PHS Act to enter into transactions 

7 (other than contracts, cooperative agreements, or grants) 

8 to carry out research identified pursuant to such section 

9 402(b)(7) (pertaining to the Common Fund) or research 

10 and activities described in such section 402(b)(12). 

11 (b) PEER REVIEW.—In entering into transactions 

12 under subsection (a), the Director may utilize such peer 

13 review procedures (including consultation with appropriate 

14 scientific experts) as the Director determines to be appro15 priate to obtain assessments of scientific and technical 

16 merit. Such procedures shall apply to such transactions 

17 in lieu of the peer review and advisory council review pro18 cedures that would otherwise be required under sections 

19 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 

20 and 494 of the PHS Act. 

21 SEC. 214. Funds which are available for Individual 

22 Learning Accounts for employees of CDC and the Agency 

23 for Toxic Substances and Disease Registry (‘‘ATSDR’’) 

24 may be transferred to appropriate accounts of CDC, to 

25 be available only for Individual Learning Accounts: Promstockstill on DSK4VPTVN1PROD with BILLS

744 

•HR 3671 IH

1 vided, That such funds may be used for any individual 

2 full-time equivalent employee while such employee is em3 ployed either by CDC or ATSDR. 

4 SEC. 215. Notwithstanding any other provisions of 

5 law, discretionary funds made available in this Act may 

6 be used to continue operating the Council on Graduate 

7 Medical Education established by section 301 of Public 

8 Law 102–408. 

9 SEC. 216. Not to exceed $45,000,000 of funds appro10 priated by this Act to the institutes and centers of the 

11 National Institutes of Health may be used for alteration, 

12 repair, or improvement of facilities, as necessary for the 

13 proper and efficient conduct of the activities authorized 

14 herein, at not to exceed $3,500,000 per project. 

15 (TRANSFER OF FUNDS)

16 SEC. 217. Of the amounts made available for NIH, 

17 1 percent of the amount made available for National Re18 search Service Awards (‘‘NRSA’’) shall be made available 

19 to the Administrator of the Health Resources and Services 

20 Administration to make NRSA awards for research in pri21 mary medical care to individuals affiliated with entities 

22 who have received grants or contracts under section 747 

23 of the PHS Act, and 1 percent of the amount made avail24 able for NRSA shall be made available to the Director of 

mstockstill on DSK4VPTVN1PROD with BILLS

745 

•HR 3671 IH

1 the Agency for Healthcare Research and Quality to make 

2 NRSA awards for health service research. 

3 SEC. 218. None of the funds made available in this 

4 title may be used, in whole or in part, to advocate or pro5 mote gun control. 

6 SEC. 219. None of the funds appropriated or other7 wise made available in this Act may be expended to ad8 vance the creation of a Federally Funded Research and 

9 Development Center at the Centers for Medicare and Med10 icaid Services, prior to a Federal Register notice being 

11 issued that outlines: how this proposal would meet the spe12 cific requirements identified in FAR 35.017–2; agency 

13 procedures that ensure small business competitiveness is 

14 maintained; and the outline of a transparent award and 

15 governance process to be employed. 

16 SEC. 220. (a) The Secretary shall establish a publicly 

17 accessible website to provide information regarding the 

18 uses of funds made available under section 4002 of Public 

19 Law 111–148. 

20 (b) With respect to funds provided for fiscal year 

21 2012, the Secretary shall include on the website estab22 lished under subsection (a) at a minimum the following 

23 information: 

24 (1) In the case of each transfer of funds under 

25 section 4002(c), a statement indicating the program 

mstockstill on DSK4VPTVN1PROD with BILLS

746 

•HR 3671 IH

1 or activity receiving funds, the operating division or 

2 office that will administer the funds, and the 

3 planned uses of the funds, to be posted not later 

4 than the day after the transfer is made. 

5 (2) Identification (along with a link to the full 

6 text) of each funding opportunity announcement, re7 quest for proposals, or other announcement or solici8 tation of proposals for grants, cooperative agree9 ments, or contracts intended to be awarded using 

10 such funds, to be posted not later than the day after 

11 the announcement or solicitation is issued. 

12 (3) Identification of each grant, cooperative 

13 agreement, or contract with a value of $25,000 or 

14 more awarded using such funds, including the pur15 pose of the award and the identity of the recipient, 

16 to be posted not later than 5 days after the award 

17 is made. 

18 (4) A report detailing the uses of all funds 

19 transferred under section 4002(c) during the fiscal 

20 year, to be posted not later than 90 days after the 

21 end of the fiscal year. 

22 (5) Semi-annual reports from each entity 

23 awarded a grant, cooperative agreement, or contract 

24 from such funds with a value of $25,000 or more, 

25 summarizing the activities undertaken and identimstockstill on DSK4VPTVN1PROD with BILLS

747 

•HR 3671 IH

1 fying any sub-grants or sub-contracts awarded (in2 cluding the purpose of the award and the identity of 

3 the recipient), to be posted not later than 30 days 

4 after the end of each 6-month period. 

5 SEC. 221. (a) ESTABLISHMENT OF NATIONAL CEN6 TER FOR ADVANCING TRANSLATIONAL SCIENCES; ELIMI7 NATION OF NATIONAL CENTER FOR RESEARCH RE8 SOURCES.— 

9 (1) IN GENERAL.—Subpart 1 of part E of title 

10 IV of the Public Health Service Act (42 U.S.C. 287 

11 et seq.) is amended— 

12 (A) in the subpart heading, by striking 

13 ‘‘National Center for Research Resources’’ and 

14 inserting ‘‘National Center for Advancing 

15 Translational Sciences’’; 

16 (B) by striking sections 480 and 481; and 

17 (C) by amending section 479 to read as 

18 follows: 

19 ‘‘SEC. 479. NATIONAL CENTER FOR ADVANCING 

20 TRANSLATIONAL SCIENCES. 

21 ‘‘(a) PURPOSE.—The purpose of the National Center 

22 for Advancing Translational Sciences (in this subpart re23 ferred to as the ‘Center’) is to advance translational 

24 sciences, including by— 

mstockstill on DSK4VPTVN1PROD with BILLS

748 

•HR 3671 IH

1 ‘‘(1) coordinating and developing resources that 

2 leverage basic research in support of translational 

3 science; and 

4 ‘‘(2) developing partnerships and working coop5 eratively to foster synergy in ways that do not create 

6 duplication, redundancy, and competition with indus7 try activities. 

8 ‘‘(b) CLINICAL TRIAL ACTIVITIES.— 

9 ‘‘(1) IN GENERAL.—The Center may develop 

10 and provide infrastructure and resources for all 

11 phases of clinical trials research. Except as provided 

12 in paragraph (2), the Center may support clinical 

13 trials only through the end of phase IIA. 

14 ‘‘(2) EXCEPTION.—The Center may support 

15 clinical trial activities through the end of phase IIB 

16 for a treatment for a rare disease or condition (as 

17 defined in section 526 of the Federal Food, Drug, 

18 and Cosmetic Act) so long as— 

19 ‘‘(A) the Center gives public notice for a 

20 period of at least 120 days of the Center’s in21 tention to support the clinical trial activities in 

22 phase IIB; 

23 ‘‘(B) no public or private organization pro24 vides credible written intent to the Center that 

25 the organization has timely plans to further the 

mstockstill on DSK4VPTVN1PROD with BILLS

749 

•HR 3671 IH

1 clinical trial activities or conduct clinical trials 

2 of a similar nature beyond phase IIA; and 

3 ‘‘(C) the Center ensures that support of 

4 the clinical trial activities in phase IIB will not 

5 increase the Federal Government’s liability be6 yond the award value of the Center’s support. 

7 ‘‘(c) ANNUAL REPORT.—The Center shall publish an 

8 annual report that, with respect to all research supported 

9 by the Center, includes a complete list of— 

10 ‘‘(1) the molecules being studied; 

11 ‘‘(2) clinical trial activities being conducted; 

12 ‘‘(3) the methods and tools in development; 

13 ‘‘(4) ongoing partnerships, including— 

14 ‘‘(A) the rationale for each partnership; 

15 ‘‘(B) the status of each partnership; 

16 ‘‘(C) the funding provided by the Center to 

17 other entities pursuant to each partnership, and 

18 ‘‘(D) the activities which have been trans19 ferred to industry pursuant to each partnership; 

20 and 

21 ‘‘(5) known research activity of other entities 

22 that is or will expand upon research activity of the 

23 Center.’’. 

24 (2) LIST OF INSTITUTES AND CENTERS.—Sec25 tion 401(b)(21) of the Public Health Service Act (42 

mstockstill on DSK4VPTVN1PROD with BILLS

750 

•HR 3671 IH

1 U.S.C. 281(b)(21)) is amended by striking ‘‘Na2 tional Center for Research Resources’’ and inserting 

3 ‘‘National Center for Advancing Translational 

4 Sciences’’. 

5 (b) ASSIGNMENT OF CERTAIN FUNCTIONS OF

6 FORMER NATIONAL CENTER FOR RESEARCH RE7 SOURCES.— 

8 (1) BIOMEDICAL AND BEHAVIORAL RESEARCH

9 FACILITIES.—Section 481A of the Public Health 

10 Service Act (42 U.S.C. 287a–2)— 

11 (A) is redesignated as section 404I and is 

12 moved to follow section 404H of such Act (42 

13 U.S.C. 283j); and 

14 (B) is amended— 

15 (i) in subsection (a)(1), by striking 

16 ‘‘acting through the Director of the Center 

17 or the Director of the National Institute of 

18 Allergy and Infectious Diseases’’ and in19 serting ‘‘acting through the Office of the 

20 Director of NIH or the Director of the Na21 tional Institute of Allergy and Infectious 

22 Diseases’’; 

23 (ii) in subsections (c), (d), (e), and 

24 (f)(2), by striking ‘‘Director of the Center 

25 or the Director of the National Institute of 

mstockstill on DSK4VPTVN1PROD with BILLS

751 

•HR 3671 IH

1 Allergy and Infectious Diseases’’ each 

2 place it appears and inserting ‘‘Director of 

3 NIH, acting through the Office of the Di4 rector of NIH or the National Institute of 

5 Allergy and Infectious Diseases,’’; 

6 (iii) in subsection (b)(2), by striking 

7 ‘‘Director of the Center’’ each place it ap8 pears and inserting ‘‘Director of NIH’’; 

9 (iv) in subsections (b)(3)(A), (f)(1), 

10 and (g), by striking the comma at the end 

11 of ‘‘Director of the Center,’’ each place it 

12 appears; 

13 (v) by striking ‘‘Director of the Cen14 ter’’ each place it appears and inserting 

15 ‘‘Director of NIH, acting through the Of16 fice of the Director of NIH,’’; 

17 (vi) in subsection (b)— 

18 (I) in paragraph (1)(A), by strik19 ing ‘‘within the Center’’; and 

20 (II) in paragraph (2)— 

21 (aa) in subparagraph (A), 

22 by striking ‘‘and the advisory 

23 council established under section 

24 480 (in this section referred to as 

25 the ‘Advisory Council’)’’ and inmstockstill on DSK4VPTVN1PROD with BILLS

752 

•HR 3671 IH

1 serting ‘‘and the Council of 

2 Councils established under sec3 tion 402(l) (in this section re4 ferred to as the ‘Council’)’’; and 

5 (bb) in subparagraphs (B), 

6 (C), and (D), by striking ‘‘Advi7 sory’’ each place it appears; and 

8 (vii) in subsection (g), by striking 

9 ‘‘after consultation with the Advisory 

10 Council’’ and inserting ‘‘after consultation 

11 with the Council’’. 

12 (2) CONSTRUCTION OF REGIONAL CENTERS

13 FOR RESEARCH ON PRIMATES.—Section 481B of the 

14 Public Health Service Act (42 U.S.C. 287a–3)— 

15 (A) is redesignated as section 404J and is 

16 moved to follow section 404I, as redesignated 

17 by paragraph (1); and 

18 (B) in subsection (a), is amended— 

19 (i) by striking ‘‘by the National Cen20 ter for Research Resources’’ and inserting 

21 ‘‘by the Director of NIH, acting through 

22 the Office of the Director of NIH,’’; and 

23 (ii) by striking ‘‘481A’’ and inserting 

24 ‘‘404I’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

753 

•HR 3671 IH

1 (3) SANCTUARY SYSTEM FOR SURPLUS CHIM2 PANZEES.—Section 481C of the Public Health Serv3 ice Act (42 U.S.C. 287a–3a)— 

4 (A) is redesignated as section 404K and is 

5 moved to follow section 404J, as redesignated 

6 by paragraph (2); and 

7 (B) in subsection (d)(4)(A)(ii), is amended 

8 by striking ‘‘that is carried out by the National 

9 Center for Research Resources’’ and inserting 

10 ‘‘that is carried out by the Director of NIH, 

11 acting through the Office of the Director of 

12 NIH,’’. 

13 (4) SHARED INSTRUMENTATION GRANT PRO14 GRAM.—Section 305 of the Public Health Improve15 ment Act (42 U.S.C. 287 note)— 

16 (A) is redesignated as section 404L of the 

17 Public Health Service Act and is moved to fol18 low section 404K of that Act, as redesignated 

19 by paragraph (3); and 

20 (B) is amended— 

21 (i) by striking subsection (a) and re22 designating subsections (b) and (c) as sub23 sections (a) and (b), respectively; 

24 (ii) in subsection (a), as so redesig25 nated, by striking ‘‘under the program demstockstill on DSK4VPTVN1PROD with BILLS

754 

•HR 3671 IH

1 scribed in subsection (a)’’ and inserting 

2 ‘‘under the Shared Instrumentation Grant 

3 Program’’; 

4 (iii) by striking ‘‘Director of the Na5 tional Center for Research Resources’’ 

6 each place it appears and inserting ‘‘Direc7 tor of NIH, acting through the Office of 

8 the Director of NIH,’’; and 

9 (iv) in subsection (b), as so redesig10 nated— 

11 (I) by striking ‘‘in subsection 

12 (a)’’ and inserting ‘‘in subsection (a), 

13 the’’; and 

14 (II) by striking ‘‘of the Public 

15 Health Service Act (42 U.S.C. 

16 289a)’’. 

17 (5) INSTITUTIONAL DEVELOPMENT AWARD

18 PROGRAM.—Title IV of the Public Health Service 

19 Act (42 U.S.C. 281 et seq.) is amended— 

20 (A) in section 461, by striking the section 

21 heading and designation and all that follows 

22 through ‘‘The general purpose’’ and inserting 

23 the following: 

mstockstill on DSK4VPTVN1PROD with BILLS

755 

•HR 3671 IH

1 ‘‘SEC. 461. NATIONAL INSTITUTE OF GENERAL MEDICAL 

2 SCIENCES. 

3 ‘‘(a) GENERAL PURPOSE.—The general purpose’’; 

4 (B) by moving subsection (g) of section 

5 402 to the end of section 461, as amended, and 

6 redesignating that subsection as subsection (b); 

7 and 

8 (C) in section 461(b), as so redesignated— 

9 (i) by striking ‘‘(b)(1)(A) In the case 

10 of’’ and inserting the following: 

11 ‘‘(b) INSTITUTIONAL DEVELOPMENT AWARD PRO12 GRAM.— 

13 ‘‘(1)(A) In the case of’’; 

14 (ii) by moving two ems to the right— 

15 (I) subparagraphs (B) and (C) of 

16 paragraph (1); 

17 (II) clauses (i), (ii), and (iii) of 

18 such subparagraph (C); and 

19 (III) paragraph (2); and 

20 (iii) in paragraph (1)(A), by striking 

21 ‘‘acting through the Director of the Na22 tional Center for Research Resources’’ and 

23 inserting ‘‘acting through the Director of 

24 the National Institute of General Medical 

25 Sciences’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

756 

•HR 3671 IH

1 (c) ASSIGNMENT OF CERTAIN OFFICES AND FUNC2 TIONS TO NATIONAL CENTER FOR ADVANCING

3 TRANSLATIONAL SCIENCES.— 

4 (1) CURES ACCELERATION NETWORK.—Section 

5 402C of the Public Health Service Act (42 U.S.C. 

6 282d)— 

7 (A) is redesignated as section 480 and is 

8 moved to follow section 479; 

9 (B) in subsection (b), is amended in the 

10 matter that precedes paragraph (1) by striking 

11 ‘‘within the Office of the Director of NIH’’ and 

12 inserting ‘‘within the Center’’; 

13 (C) by striking ‘‘Director of NIH’’ each 

14 place it appears and inserting ‘‘Director of the 

15 Center’’; and 

16 (D) in the headings of subsections (d)(4) 

17 and (d)(4)(B), by striking ‘‘DIRECTOR OF NIH’’ 

18 each place it appears and inserting ‘‘DIRECTOR

19 OF THE CENTER’’. 

20 (2) OFFICE OF RARE DISEASES.—Title IV of 

21 the Public Health Service Act (42 U.S.C. 281 et 

22 seq.) is amended— 

23 (A) in section 404F— 

24 (i) by redesignating such section as 

25 section 481 and moving such section to folmstockstill on DSK4VPTVN1PROD with BILLS

757 

•HR 3671 IH

1 low section 480, as redesignated by para2 graph (1); 

3 (ii) in subsection (a)— 

4 (I) by striking ‘‘within the Office 

5 of the Director of NIH’’ and inserting 

6 ‘‘within the Center’’; and 

7 (II) by striking ‘‘Director of 

8 NIH’’ and inserting ‘‘Director of the 

9 Center’’; and 

10 (iii) in subsection (b)(1)(C), by strik11 ing ‘‘404G’’ and inserting ‘‘481A’’; and 

12 (B) in section 401(c)(2)(A), by striking 

13 ‘‘the Office of Rare Diseases,’’. 

14 (3) RARE DISEASE REGIONAL CENTERS OF EX15 CELLENCE.—Section 404G of the Public Health 

16 Service Act (42 U.S.C. 283i) is redesignated as sec17 tion 481A and is moved to follow section 481, as re18 designated by paragraph (2). 

19 (4) GENERAL CLINICAL RESEARCH CENTERS.— 

20 Section 481D of the Public Health Service Act (42 

21 U.S.C. 287a–4)— 

22 (A) is redesignated as section 481B; and 

23 (B) in subsection (a), is amended by strik24 ing ‘‘Director of the National Center for Remstockstill on DSK4VPTVN1PROD with BILLS

758 

•HR 3671 IH

1 search Resources’’ and inserting ‘‘Director of 

2 the Center’’. 

3 (d) CONFORMING AMENDMENTS.—Title IV of the 

4 Public Health Service Act (42 U.S.C. 281 et seq.) is 

5 amended— 

6 (1) in section 402(b)(24) (42 U.S.C. 

7 282(b)(24)), by striking ‘‘402C’’ and inserting 

8 ‘‘480’’; 

9 (2) in section 404C(e)(3)(A) (42 U.S.C. 

10 283e(e)(3)(A)), by striking ‘‘and the Director of the 

11 Center for Research Resources’’; 

12 (3) in section 464z–3(i)(1) (42 U.S.C. 

13 285t(i)(1))— 

14 (A) by striking ‘‘Director of National Insti15 tute for Research Resources’’ and inserting 

16 ‘‘Director of NIH’’; 

17 (B) by striking ‘‘481(c)(3)’’ and inserting 

18 ‘‘404I(c)(2)’’; and 

19 (C) by inserting ‘‘under such section’’ after 

20 ‘‘Institutions of Emerging Excellence’’; 

21 (4) in section 499(c)(1)(E) (42 U.S.C. 

22 290b(c)(1)(E)), by striking ‘‘section 402C’’ and in23 serting ‘‘section 480’’. 

24 SEC. 222. The discretionary appropriation for CDC 

25 is hereby reduced by $20,000,000: Provided, That the remstockstill on DSK4VPTVN1PROD with BILLS

759 

•HR 3671 IH

1 duction should be taken from contracting and administra2 tive costs in each of the CDC accounts. 

3 This title may be cited as the ‘‘Department of Health 

4 and Human Services Appropriations Act, 2012’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

760 

•HR 3671 IH

1 TITLE III 

2 DEPARTMENT OF EDUCATION 

3 EDUCATION FOR THE DISADVANTAGED

4 For carrying out title I of the Elementary and Sec5 ondary Education Act of 1965 (referred to in this Act as 

6 ‘‘ESEA’’) and section 418A of the Higher Education Act 

7 of 1965 (referred to in this Act as ‘‘HEA’’), 

8 $15,750,983,000, of which $4,817,117,000 shall become 

9 available on July 1, 2012, and shall remain available 

10 through September 30, 2013, and of which 

11 $10,841,177,000 shall become available on October 1, 

12 2012, and shall remain available through September 30, 

13 2013, for academic year 2012–2013: Provided, That 

14 $6,584,750,000 shall be for basic grants under section 

15 1124 of the ESEA: Provided further, That up to 

16 $3,992,000 of these funds shall be available to the Sec17 retary of Education (referred to in this title as ‘‘Sec18 retary’’) on October 1, 2011, to obtain annually updated 

19 local educational agency-level census poverty data from 

20 the Bureau of the Census: Provided further, That 

21 $1,362,301,000 shall be for concentration grants under 

22 section 1124A of the ESEA: Provided further, That 

23 $3,288,183,000 shall be for targeted grants under section 

24 1125 of the ESEA: Provided further, That 

25 $3,288,183,000 shall be for education finance incentive 

mstockstill on DSK4VPTVN1PROD with BILLS

761 

•HR 3671 IH

1 grants under section 1125A of the ESEA: Provided fur2 ther, That $3,200,000 shall be to carry out sections 1501 

3 and 1503 of the ESEA: Provided further, That 

4 $534,562,000 shall be available for school improvement 

5 grants under section 1003(g) of the ESEA, which shall 

6 be allocated by the Secretary through the formula de7 scribed in section 1003(g)(2) and shall be used consistent 

8 with the requirements of section 1003(g), except that 

9 State and local educational agencies may use such funds 

10 to serve any school eligible to receive assistance under part 

11 A of title I that has not made adequate yearly progress 

12 for at least 2 years or is in the State’s lowest quintile of 

13 performance based on proficiency rates and, in the case 

14 of secondary schools, priority shall be given to those 

15 schools with graduation rates below 60 percent: Provided 

16 further, That notwithstanding section 1003(g)(5)(A), each 

17 State educational agency may establish a maximum 

18 subgrant size of not more than $2,000,000 for each par19 ticipating school applicable to such funds: Provided fur20 ther, That the Secretary may reserve up to 5 percent of 

21 the funds available for section 1003(g) of the ESEA to 

22 carry out activities to build State and local educational 

23 agency capacity to implement effectively the school im24 provement grants program: Provided further, That 

25 $160,000,000 shall be available under section 1502 of the 

mstockstill on DSK4VPTVN1PROD with BILLS

762 

•HR 3671 IH

1 ESEA for a comprehensive literacy development and edu2 cation program to advance literacy skills, including pre3 literacy skills, reading, and writing, for students from 

4 birth through grade 12, including limited-English-pro5 ficient students and students with disabilities, of which 

6 one-half of 1 percent shall be reserved for the Secretary 

7 of the Interior for such a program at schools funded by 

8 the Bureau of Indian Education, one-half of 1 percent 

9 shall be reserved for grants to the outlying areas for such 

10 a program, up to 5 percent may be reserved for national 

11 activities, and the remainder shall be used to award com12 petitive grants to State educational agencies for such a 

13 program, of which a State educational agency may reserve 

14 up to 5 percent for State leadership activities, including 

15 technical assistance and training, data collection, report16 ing, and administration, and shall subgrant not less than 

17 95 percent to local educational agencies or, in the case 

18 of early literacy, to local educational agencies or other 

19 nonprofit providers of early childhood education that part20 ner with a public or private nonprofit organization or 

21 agency with a demonstrated record of effectiveness in im22 proving the early literacy development of children from 

23 birth through kindergarten entry and in providing profes24 sional development in early literacy, giving priority to such 

25 agencies or other entities serving greater numbers or permstockstill on DSK4VPTVN1PROD with BILLS

763 

•HR 3671 IH

1 centages of disadvantaged children: Provided further, That 

2 the State educational agency shall ensure that at least 15 

3 percent of the subgranted funds are used to serve children 

4 from birth through age 5, 40 percent are used to serve 

5 students in kindergarten through grade 5, and 40 percent 

6 are used to serve students in middle and high school in7 cluding an equitable distribution of funds between middle 

8 and high schools: Provided further, That eligible entities 

9 receiving subgrants from State educational agencies shall 

10 use such funds for services and activities that have the 

11 characteristics of effective literacy instruction through 

12 professional development, screening and assessment, tar13 geted interventions for students reading below grade level 

14 and other research-based methods of improving classroom 

15 instruction and practice. 

16 IMPACT AID

17 For carrying out programs of financial assistance to 

18 federally affected schools authorized by title VIII of the 

19 ESEA, $1,293,631,000, of which $1,155,724,000 shall be 

20 for basic support payments under section 8003(b), 

21 $48,505,000 shall be for payments for children with dis22 abilities under section 8003(d), $17,474,000 shall be for 

23 construction under section 8007(b) and shall remain avail24 able through September 30, 2013, $67,074,000 shall be 

25 for Federal property payments under section 8002, and 

mstockstill on DSK4VPTVN1PROD with BILLS

764 

•HR 3671 IH

1 $4,854,000, to remain available until expended, shall be 

2 for facilities maintenance under section 8008: Provided, 

3 That for purposes of computing the amount of a payment 

4 for an eligible local educational agency under section 

5 8003(a) for school year 2011–2012, children enrolled in 

6 a school of such agency that would otherwise be eligible 

7 for payment under section 8003(a)(1)(B) of such Act, but 

8 due to the deployment of both parents or legal guardians, 

9 or a parent or legal guardian having sole custody of such 

10 children, or due to the death of a military parent or legal 

11 guardian while on active duty (so long as such children 

12 reside on Federal property as described in section 

13 8003(a)(1)(B)), are no longer eligible under such section, 

14 shall be considered as eligible students under such section, 

15 provided such students remain in average daily attendance 

16 at a school in the same local educational agency they at17 tended prior to their change in eligibility status. 

18 SCHOOL IMPROVEMENT PROGRAMS

19 For carrying out school improvement activities au20 thorized by parts A and B of title II, part B of title IV, 

21 parts A and B of title VI, and parts B and C of title VII 

22 of the ESEA; the McKinney-Vento Homeless Assistance 

23 Act; section 203 of the Educational Technical Assistance 

24 Act of 2002; the Compact of Free Association Amend25 ments Act of 2003; and the Civil Rights Act of 1964, 

mstockstill on DSK4VPTVN1PROD with BILLS

765 

•HR 3671 IH

1 $4,550,018,000, of which $2,725,246,000 shall become 

2 available on July 1, 2012, and remain available through 

3 September 30, 2013, and of which $1,681,441,000 shall 

4 become available on October 1, 2012, and shall remain 

5 available through September 30, 2013, for academic year 

6 2012–2013: Provided, That funds made available to carry 

7 out part B of title VII of the ESEA may be used for con8 struction, renovation, and modernization of any elemen9 tary school, secondary school, or structure related to an 

10 elementary school or secondary school, run by the Depart11 ment of Education of the State of Hawaii, that serves a 

12 predominantly Native Hawaiian student body: Provided 

13 further, That funds made available to carry out part C 

14 of title VII of the ESEA shall be awarded on a competitive 

15 basis, and also may be used for construction: Provided fur16 ther, That $51,210,000 shall be available to carry out sec17 tion 203 of the Educational Technical Assistance Act of 

18 2002: Provided further, That $17,652,000 shall be avail19 able to carry out the Supplemental Education Grants pro20 gram for the Federated States of Micronesia and the Re21 public of the Marshall Islands: Provided further, That up 

22 to 5 percent of these amounts may be reserved by the Fed23 erated States of Micronesia and the Republic of the Mar24 shall Islands to administer the Supplemental Education 

25 Grants programs and to obtain technical assistance, overmstockstill on DSK4VPTVN1PROD with BILLS

766 

•HR 3671 IH

1 sight and consultancy services in the administration of 

2 these grants and to reimburse the United States Depart3 ments of Labor, Health and Human Services, and Edu4 cation for such services: Provided further, That up to 1.5 

5 percent of the funds for subpart 1 of part A of title II 

6 of the ESEA shall be reserved by the Secretary for com7 petitive awards for teacher or principal training or profes8 sional enhancement activities to national not-for-profit or9 ganizations. 

10 INDIAN EDUCATION

11 For expenses necessary to carry out, to the extent 

12 not otherwise provided, title VII, part A of the ESEA, 

13 $131,027,000. 

14 INNOVATION AND IMPROVEMENT

15 For carrying out activities authorized by part G of 

16 title I, subpart 5 of part A and parts C and D of title 

17 II, parts B, C, and D of title V of the ESEA, and sections 

18 14006 and 14007 of division A of the American Recovery 

19 and Reinvestment Act of 2009, as amended, 

20 $1,530,429,000: Provided, That the Secretary may use up 

21 to $550,000,000, which shall remain available for obliga22 tion through December 31, 2012, for section 14006 of di23 vision A of Public Law 111–5, as amended, to make 

24 awards (including on the basis of previously submitted ap25 plications) to States or to local educational agencies, or 

mstockstill on DSK4VPTVN1PROD with BILLS

767 

•HR 3671 IH

1 both, in accordance with the applicable requirements of 

2 that section, as determined by the Secretary, and may use 

3 up to 5 percent of such funds for technical assistance and 

4 evaluation of the activities carried out under that section: 

5 Provided further, That up to $149,700,000 shall be avail6 able for obligation through December 31, 2012 for section 

7 14007 of division A of Public Law 111–5, and up to 5 

8 percent of such funds may be used for technical assistance 

9 and the evaluation of activities carried out under such sec10 tion: Provided further, That $300,000,000 of the funds for 

11 subpart 1 of part D of title V of the ESEA shall be for 

12 competitive grants to local educational agencies, including 

13 charter schools that are local educational agencies, or 

14 States, or partnerships of: (1) a local educational agency, 

15 a State, or both; and (2) at least one nonprofit organiza16 tion to develop and implement performance-based com17 pensation systems for teachers, principals, and other per18 sonnel in high-need schools: Provided further, That such 

19 performance-based compensation systems must consider 

20 gains in student academic achievement as well as class21 room evaluations conducted multiple times during each 

22 school year among other factors and provide educators 

23 with incentives to take on additional responsibilities and 

24 leadership roles: Provided further, That recipients of such 

25 grants shall demonstrate that such performance-based 

mstockstill on DSK4VPTVN1PROD with BILLS

768 

•HR 3671 IH

1 compensation systems are developed with the input of 

2 teachers and school leaders in the schools and local edu3 cational agencies to be served by the grant: Provided fur4 ther, That recipients of such grants may use such funds 

5 to develop or improve systems and tools (which may be 

6 developed and used for the entire local educational agency 

7 or only for schools served under the grant) that would en8 hance the quality and success of the compensation system, 

9 such as high-quality teacher evaluations and tools to meas10 ure growth in student achievement: Provided further, That 

11 applications for such grants shall include a plan to sustain 

12 financially the activities conducted and systems developed 

13 under the grant once the grant period has expired: Pro14 vided further, That up to 5 percent of such funds for com15 petitive grants shall be available for technical assistance, 

16 training, peer review of applications, program outreach, 

17 and evaluation activities: Provided further, That of the 

18 funds available for part B of title V of the ESEA, the 

19 Secretary shall use not less than $23,000,000 to carry out 

20 activities under section 5205(b) and under subpart 2: Pro21 vided further, That of the funds available for subpart 1 

22 of part B of title V of the ESEA, and notwithstanding 

23 section 5205(a), the Secretary may reserve up to 

24 $55,000,000 to make multiple awards to non-profit char25 ter management organizations and other entities that are 

mstockstill on DSK4VPTVN1PROD with BILLS

769 

•HR 3671 IH

1 not for-profit entities for the replication and expansion of 

2 successful charter school models and shall reserve up to 

3 $11,000,000 to carry out the activities described in section 

4 5205(a), including improving quality and oversight of 

5 charter schools and providing technical assistance and 

6 grants to authorized public chartering agencies in order 

7 to increase the number of high-performing charter schools: 

8 Provided further, That each application submitted pursu9 ant to section 5203(a) shall describe a plan to monitor 

10 and hold accountable authorized public chartering agen11 cies through such activities as providing technical assist12 ance or establishing a professional development program, 

13 which may include evaluation, planning, training, and sys14 tems development for staff of authorized public chartering 

15 agencies to improve the capacity of such agencies in the 

16 State to authorize, monitor, and hold accountable charter 

17 schools: Provided further, That each application submitted 

18 pursuant to section 5203(a) shall contain assurances that 

19 State law, regulations, or other policies require that: (1) 

20 each authorized charter school in the State operate under 

21 a legally binding charter or performance contract between 

22 itself and the school’s authorized public chartering agency 

23 that describes the obligations and responsibilities of the 

24 school and the public chartering agency; conduct annual, 

25 timely, and independent audits of the school’s financial 

mstockstill on DSK4VPTVN1PROD with BILLS

770 

•HR 3671 IH

1 statements that are filed with the school’s authorized pub2 lic chartering agency; and demonstrate improved student 

3 academic achievement; and (2) authorized public char4 tering agencies use increases in student academic achieve5 ment for all groups of students described in section 

6 1111(b)(2)(C)(v) of the ESEA as the most important fac7 tor when determining to renew or revoke a school’s char8 ter. 

9 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

10 For carrying out activities authorized by part A of 

11 title IV and subparts 1, 2, and 10 of part D of title V 

12 of the ESEA, $256,237,000: Provided, That $65,000,000 

13 shall be available for subpart 2 of part A of title IV: Pro14 vided further, That $60,000,000 shall be available for 

15 Promise Neighborhoods and shall be available through De16 cember 31, 2012. 

17 ENGLISH LANGUAGE ACQUISITION

18 For carrying out part A of title III of the ESEA, 

19 $733,530,000, which shall become available on July 1, 

20 2012, and shall remain available through September 30, 

21 2013, except that 6.5 percent of such amount shall be 

22 available on October 1, 2011, and shall remain available 

23 through September 30, 2013, to carry out activities under 

24 section 3111(c)(1)(C): Provided, That the Secretary shall 

25 use estimates of the American Community Survey child 

mstockstill on DSK4VPTVN1PROD with BILLS

771 

•HR 3671 IH

1 counts for the most recent 3-year period available to cal2 culate allocations under such part. 

3 SPECIAL EDUCATION

4 For carrying out the Individuals with Disabilities 

5 Education Act (‘‘IDEA’’) and the Special Olympics Sport 

6 and Empowerment Act of 2004, $12,647,066,000, of 

7 which $3,115,716,000 shall become available on July 1, 

8 2012, and shall remain available through September 30, 

9 2013, and of which $9,283,383,000 shall become available 

10 on October 1, 2012, and shall remain available through 

11 September 30, 2013, for academic year 2012–2013: Pro12 vided, That the amount for section 611(b)(2) of the IDEA 

13 shall be equal to the lesser of the amount available for 

14 that activity during fiscal year 2011, increased by the 

15 amount of inflation as specified in section 619(d)(2)(B) 

16 of the IDEA, or the percent change in the funds appro17 priated under section 611(i) of the IDEA, but not less 

18 than the amount for that activity during fiscal year 2011: 

19 Provided further, That $2,000,000, to remain available for 

20 obligation through September 30, 2013, shall be for activi21 ties aimed at improving the outcomes of children receiving 

22 Supplemental Security Income (SSI) and their families, 

23 which may include competitive grants to States to improve 

24 the provision and coordination of services for SSI child 

25 recipients in order to achieve improved health status, inmstockstill on DSK4VPTVN1PROD with BILLS

772 

•HR 3671 IH

1 cluding both physical and emotional health, and education 

2 and post-school outcomes, including completion of postsec3 ondary education and employment, and to improve serv4 ices and supports to the families or households of the SSI 

5 child recipient, such as education and job training for the 

6 parents: Provided further, That States may award sub7 grants for a portion of the funds to other public and pri8 vate, non-profit entities. 

9 REHABILITATION SERVICES AND DISABILITY RESEARCH

10 For carrying out, to the extent not otherwise pro11 vided, the Rehabilitation Act of 1973, the Assistive Tech12 nology Act of 1998, and the Helen Keller National Center 

13 Act, $3,512,019,000: Provided, That the Secretary may 

14 use amounts provided in this Act that remain available 

15 subsequent to the reallotment of funds to States pursuant 

16 to section 110(b) of the Rehabilitation Act for activities 

17 aimed at improving the outcomes of children receiving 

18 Supplemental Security Income (SSI) and their families, 

19 including competitive grants to States to improve the pro20 vision and coordination of services for SSI child recipients 

21 in order to achieve improved health status, education and 

22 post-school outcomes, including completion of postsec23 ondary education and employment, and to improve serv24 ices and supports to the family or households of the SSI 

25 child recipient, such as education and job training for the 

mstockstill on DSK4VPTVN1PROD with BILLS

773 

•HR 3671 IH

1 parents: Provided further, That States may award sub2 grants for a portion of the funds to other public and pri3 vate, non-profit entities: Provided further, That any funds 

4 made available subsequent to reallotment for activities 

5 aimed at improving the outcomes of children receiving SSI 

6 and their families shall remain available until September 

7 30, 2013: Provided further, That $2,000,000 shall be for 

8 competitive grants to support alternative financing pro9 grams that provide for the purchase of assistive technology 

10 devices, such as a low-interest loan fund; an interest buy11 down program; a revolving loan fund; a loan guarantee; 

12 or insurance program: Provided further, That applicants 

13 shall provide an assurance that, and information describ14 ing the manner in which, the alternative financing pro15 gram will expand and emphasize consumer choice and con16 trol: Provided further, That State agencies and commu17 nity-based disability organizations that are directed by 

18 and operated for individuals with disabilities shall be eligi19 ble to compete. 

20 SPECIAL INSTITUTIONS FOR PERSONS WITH

21 DISABILITIES

22 AMERICAN PRINTING HOUSE FOR THE BLIND

23 For carrying out the Act of March 3, 1879, 

24 $24,551,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

774 

•HR 3671 IH

1 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

2 For the National Technical Institute for the Deaf 

3 under titles I and II of the Education of the Deaf Act 

4 of 1986, $65,546,000: Provided, That from the total 

5 amount available, the Institute may at its discretion use 

6 funds for the endowment program as authorized under 

7 section 207 of such Act. 

8 GALLAUDET UNIVERSITY

9 For the Kendall Demonstration Elementary School, 

10 the Model Secondary School for the Deaf, and the partial 

11 support of Gallaudet University under titles I and II of 

12 the Education of the Deaf Act of 1986, $125,754,000, of 

13 which $7,990,000 shall be for construction and shall re14 main available until expended: Provided, That from the 

15 total amount available, the University may at its discre16 tion use funds for the endowment program as authorized 

17 under section 207 of such Act. 

18 CAREER, TECHNICAL, AND ADULT EDUCATION

19 For carrying out, to the extent not otherwise pro20 vided, the Carl D. Perkins Career and Technical Edu21 cation Act of 2006 and the Adult Education and Family 

22 Literacy Act (referred to in this Act as the ‘‘AEFLA’’), 

23 $1,738,946,000, of which $947,946,000 shall become 

24 available on July 1, 2012, and shall remain available 

25 through September 30, 2013, and of which $791,000,000 

mstockstill on DSK4VPTVN1PROD with BILLS

775 

•HR 3671 IH

1 shall become available on October 1, 2012, and shall re2 main available through September 30, 2013: Provided, 

3 That of the amount provided for Adult Education State 

4 Grants, $74,850,000 shall be made available for inte5 grated English literacy and civics education services to im6 migrants and other limited-English-proficient populations: 

7 Provided further, That of the amount reserved for inte8 grated English literacy and civics education, notwith9 standing section 211 of the AEFLA, 65 percent shall be 

10 allocated to States based on a State’s absolute need as 

11 determined by calculating each State’s share of a 10-year 

12 average of the United States Citizenship and Immigration 

13 Services data for immigrants admitted for legal permanent 

14 residence for the 10 most recent years, and 35 percent 

15 allocated to States that experienced growth as measured 

16 by the average of the 3 most recent years for which United 

17 States Citizenship and Immigration Services data for im18 migrants admitted for legal permanent residence are avail19 able, except that no State shall be allocated an amount 

20 less than $60,000: Provided further, That of the amounts 

21 made available for AEFLA, $11,323,000 shall be for na22 tional leadership activities under section 243. 

mstockstill on DSK4VPTVN1PROD with BILLS

776 

•HR 3671 IH

1 STUDENT FINANCIAL ASSISTANCE

2 For carrying out subparts 1 and 3 of part A, and 

3 part C of title IV of the HEA, $24,538,521,000, which 

4 shall remain available through September 30, 2013. 

5 The maximum Pell Grant for which a student shall 

6 be eligible during award year 2012–2013 shall be $4,860. 

7 STUDENT AID ADMINISTRATION

8 For Federal administrative expenses to carry out part 

9 D of title I, and subparts 1, 3, 4, 9, and 10 of part A, 

10 and parts B, C, D, and E of title IV of the HEA, 

11 $1,045,363,000, to remain available until September 30, 

12 2013. 

13 HIGHER EDUCATION

14 For carrying out, to the extent not otherwise pro15 vided, titles II, III, IV, V, VI, VII, and VIII of the HEA, 

16 the Mutual Educational and Cultural Exchange Act of 

17 1961, and section 117 of the Carl D. Perkins Career and 

18 Technical Education Act of 2006, $1,873,196,000: Pro19 vided, That $608,000 shall be for data collection and eval20 uation activities for programs under the HEA, including 

21 such activities needed to comply with the Government Per22 formance and Results Act of 1993: Provided further, That 

23 notwithstanding any other provision of law, funds made 

24 available in this Act to carry out title VI of the HEA and 

25 section 102(b)(6) of the Mutual Educational and Cultural 

mstockstill on DSK4VPTVN1PROD with BILLS

777 

•HR 3671 IH

1 Exchange Act of 1961 may be used to support visits and 

2 study in foreign countries by individuals who are partici3 pating in advanced foreign language training and inter4 national studies in areas that are vital to United States 

5 national security and who plan to apply their language 

6 skills and knowledge of these countries in the fields of gov7 ernment, the professions, or international development: 

8 Provided further, That of the funds referred to in the pre9 ceding proviso up to 1 percent may be used for program 

10 evaluation, national outreach, and information dissemina11 tion activities: Provided further, That notwithstanding any 

12 other provision of law, a recipient of a multi-year award 

13 under section 316 of the HEA, as that section was in ef14 fect prior to the date of enactment of the Higher Edu15 cation Opportunity Act (referred to in this Act as 

16 ‘‘HEOA’’), that would have otherwise received a continu17 ation award for fiscal year 2012 under that section, shall 

18 receive under section 316, as amended by the HEOA, not 

19 less than the amount that such recipient would have re20 ceived under such a continuation award: Provided further, 

21 That the portion of the funds received under section 316 

22 by a recipient described in the preceding proviso that is 

23 equal to the amount of such continuation award shall be 

24 used in accordance with the terms of such continuation 

25 award. 

mstockstill on DSK4VPTVN1PROD with BILLS

778 

•HR 3671 IH

1 HOWARD UNIVERSITY

2 For partial support of Howard University, 

3 $234,507,000, of which not less than $3,600,000 shall be 

4 for a matching endowment grant pursuant to the Howard 

5 University Endowment Act and shall remain available 

6 until expended. 

7 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

8 PROGRAM

9 For Federal administrative expenses to carry out ac10 tivities related to existing facility loans pursuant to section 

11 121 of the HEA, $460,000. 

12 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

13 CAPITAL FINANCING PROGRAM ACCOUNT

14 For the cost of guaranteed loans, $20,188,000, as au15 thorized pursuant to part D of title III of the HEA: Pro16 vided, That such costs, including the cost of modifying 

17 such loans, shall be as defined in section 502 of the Con18 gressional Budget Act of 1974: Provided further, That 

19 these funds are available to subsidize total loan principal, 

20 any part of which is to be guaranteed, not to exceed 

21 $367,255,000: Provided further, That these funds may be 

22 used to support loans to public and private Historically 

23 Black Colleges and Universities without regard to the limi24 tations within section 344(a) of the HEA. 

mstockstill on DSK4VPTVN1PROD with BILLS

779 

•HR 3671 IH

1 In addition, for administrative expenses to carry out 

2 the Historically Black College and University Capital Fi3 nancing Program entered into pursuant to part D of title 

4 III of the HEA, $353,000. 

5 INSTITUTE OF EDUCATION SCIENCES

6 For carrying out activities authorized by the Edu7 cation Sciences Reform Act of 2002, the National Assess8 ment of Educational Progress Authorization Act, section 

9 208 of the Educational Technical Assistance Act of 2002, 

10 and section 664 of the Individuals with Disabilities Edu11 cation Act, $594,788,000, which shall remain available 

12 through September 30, 2013: Provided, That funds avail13 able to carry out section 208 of the Educational Technical 

14 Assistance Act may be used to link Statewide elementary 

15 and secondary data systems with early childhood, postsec16 ondary, and workforce data systems, or to further develop 

17 such systems: Provided further, That up to $11,000,000 

18 of the funds available to carry out section 208 of the Edu19 cational Technical Assistance Act may be used for awards 

20 to public or private organizations or agencies to support 

21 activities to improve data coordination, quality, and use 

22 at the local, State, and national levels. 

mstockstill on DSK4VPTVN1PROD with BILLS

780 

•HR 3671 IH

1 DEPARTMENTAL MANAGEMENT

2 PROGRAM ADMINISTRATION

3 For carrying out, to the extent not otherwise pro4 vided, the Department of Education Organization Act, in5 cluding rental of conference rooms in the District of Co6 lumbia and hire of three passenger motor vehicles, 

7 $447,104,000. 

8 OFFICE FOR CIVIL RIGHTS

9 For expenses necessary for the Office for Civil 

10 Rights, as authorized by section 203 of the Department 

11 of Education Organization Act, $102,818,000. 

12 OFFICE OF THE INSPECTOR GENERAL

13 For expenses necessary for the Office of the Inspector 

14 General, as authorized by section 212 of the Department 

15 of Education Organization Act, $59,933,000. 

16 GENERAL PROVISIONS

17 SEC. 301. No funds appropriated in this Act may be 

18 used for the transportation of students or teachers (or for 

19 the purchase of equipment for such transportation) in 

20 order to overcome racial imbalance in any school or school 

21 system, or for the transportation of students or teachers 

22 (or for the purchase of equipment for such transportation) 

23 in order to carry out a plan of racial desegregation of any 

24 school or school system. 

mstockstill on DSK4VPTVN1PROD with BILLS

781 

•HR 3671 IH

1 SEC. 302. None of the funds contained in this Act 

2 shall be used to require, directly or indirectly, the trans3 portation of any student to a school other than the school 

4 which is nearest the student’s home, except for a student 

5 requiring special education, to the school offering such 

6 special education, in order to comply with title VI of the 

7 Civil Rights Act of 1964. For the purpose of this section 

8 an indirect requirement of transportation of students in9 cludes the transportation of students to carry out a plan 

10 involving the reorganization of the grade structure of 

11 schools, the pairing of schools, or the clustering of schools, 

12 or any combination of grade restructuring, pairing, or 

13 clustering. The prohibition described in this section does 

14 not include the establishment of magnet schools. 

15 SEC. 303. No funds appropriated in this Act may be 

16 used to prevent the implementation of programs of vol17 untary prayer and meditation in the public schools. 

18 (TRANSFER OF FUNDS)

19 SEC. 304. Not to exceed 1 percent of any discre20 tionary funds (pursuant to the Balanced Budget and 

21 Emergency Deficit Control Act of 1985) which are appro22 priated for the Department of Education in this Act may 

23 be transferred between appropriations, but no such appro24 priation shall be increased by more than 3 percent by any 

25 such transfer: Provided, That the transfer authority 

mstockstill on DSK4VPTVN1PROD with BILLS

782 

•HR 3671 IH

1 granted by this section shall not be used to create any 

2 new program or to fund any project or activity for which 

3 no funds are provided in this Act: Provided further, That 

4 the Committees on Appropriations of the House of Rep5 resentatives and the Senate are notified at least 15 days 

6 in advance of any transfer. 

7 SEC. 305. The Outlying Areas may consolidate funds 

8 received under this Act, pursuant to 48 U.S.C. 1469a, 

9 under part A of title V of the ESEA. 

10 SEC. 306. Section 105(f)(1)(B)(ix) of the Compact 

11 of Free Association Amendments Act of 2003 (48 U.S.C. 

12 1921d(f)(1)(B)(ix)) shall be applied by substituting 

13 ‘‘2012’’ for ‘‘2009’’. 

14 SEC. 307. (a) Notwithstanding any other provision 

15 of law, the Secretary is authorized to modify the terms 

16 and conditions of gulf hurricane disaster loans to affected 

17 institutions pursuant to section 2601 of Public Law 109– 

18 234 using the authority provided herein, on such terms 

19 as the Secretary, the Secretary of the Treasury, and the 

20 Director of the Office of Management and Budget jointly 

21 determine are in the best interests of both the United 

22 States and the borrowers, and necessary to mitigate the 

23 economic effects of Hurricanes Katrina and Rita. Any 

24 modification under this section shall not result in any net 

25 cost to the Federal Government, as jointly determined by 

mstockstill on DSK4VPTVN1PROD with BILLS

783 

•HR 3671 IH

1 the Secretary, the Secretary of the Treasury, and the Di2 rector of the Office of Management and Budget, beginning 

3 on the date on which the Secretary modifies a loan under 

4 this section. 

5 (b) FEDERAL REGISTER NOTICE.—The Secretary, 

6 the Secretary of the Treasury, and the Director of the Of7 fice of Management and Budget, shall jointly publish a 

8 notice in the Federal Register prior to any modification 

9 of loans under paragraph (a) that— 

10 (1) establishes the terms and conditions gov11 erning the modifications authorized by paragraph 

12 (a); 

13 (2) includes an outline of the methodology and 

14 factors that the Secretary, the Secretary of the 

15 Treasury, and the Director of the Office of Manage16 ment and Budget, will jointly consider in evaluating 

17 the modification of the loans made under this title; 

18 and 

19 (3) describes how the use of such methodology 

20 and consideration of such factors used to determine 

21 the modifications will ensure that loan modifications 

22 do not result in any net cost to the Federal Govern23 ment. 

24 (c) FEES.—An affected institution that receives a 

25 modification to its disaster loan pursuant to section 2601 

mstockstill on DSK4VPTVN1PROD with BILLS

784 

•HR 3671 IH

1 of Public Law 109–234 shall pay a fee to the Secretary 

2 which shall be credited to the HBCU Hurricane Supple3 mental Loan Program. Such fees shall remain available 

4 without fiscal year limitation to pay the modification costs. 

5 The amount of the fee paid shall be equal to the modifica6 tion cost as jointly determined by the Secretary, the Sec7 retary of the Treasury, and the Director of the Office of 

8 Management and Budget, calculated in accordance with 

9 section 502 of the Federal Credit Reform Act of 1990, 

10 as amended, of such loan. 

11 SEC. 308. Section 14006(c)(2) of division A of the 

12 American Recovery and Reinvestment Act of 2009 (as 

13 amended by section 1832(b) of division B of Public Law 

14 112–10) is amended by inserting before the period, ‘‘ex15 cept that such a State may use its grant funds to make 

16 subgrants to public or private agencies and organizations 

17 for activities consistent with the purposes of the grant’’. 

18 SEC. 309. (a) FEDERAL PELL GRANT ELIGI19 BILITY.— 

20 (1) MINIMUM LEVEL.—Section 401(b)(4) of the 

21 HEA (20 U.S.C. 1070a(b)(4)) is amended by strik22 ing ‘‘, except that’’ and all that follows and inserting 

23 a period. 

mstockstill on DSK4VPTVN1PROD with BILLS

785 

•HR 3671 IH

1 (2) DURATION OF AWARD PERIOD.—Section 

2 401(c)(5) of the HEA (20 U.S.C. 1070a(c)(5)) is 

3 amended— 

4 (A) by striking ‘‘18’’ each place it appears 

5 and inserting ‘‘12’’; and 

6 (B) by striking the last sentence. 

7 (b) ZERO EXPECTED FAMILY CONTRIBUTION.—Sec8 tion 479(c) of the HEA (20 U.S.C. 1087ss(c)) is amend9 ed— 

10 (1) in paragraph (1)(B), by striking ‘‘$30,000’’ 

11 and inserting ‘‘$23,000’’; and 

12 (2) in paragraph (2)(B), by striking ‘‘$30,000’’ 

13 and inserting ‘‘$23,000’’. 

14 (c) STUDENTS WHO ARE NOT HIGH SCHOOL GRAD15 UATES.— 

16 (1) AMENDMENT.—Section 484(d) of the HEA 

17 (20 U.S.C. 1091(d)) is amended— 

18 (A) in the matter preceding paragraph (1), 

19 by striking ‘‘meet one of the following stand20 ards:’’; 

21 (B) by striking paragraphs (1), (2), and 

22 (4); and 

23 (C) in paragraph (3), by striking ‘‘(3) The 

24 student has’’ and inserting ‘‘have’’; and 

mstockstill on DSK4VPTVN1PROD with BILLS

786 

•HR 3671 IH

1 (2) TRANSITION.—The amendment made by 

2 paragraph (1) shall apply to students who first en3 roll in a program of study on or after July 1, 2012. 

4 (3) CONFORMING CHANGE.—Section 101(a)(1) 

5 of the HEA (20 U.S.C. 1001(a)(1) is amended by 

6 striking ‘‘section 484(d)(3)’’ and inserting ‘‘section 

7 484(d)’’. 

8 (d) TEMPORARY ELIMINATION OF INTEREST SUB9 SIDY DURING STUDENT LOAN GRACE PERIOD.— 

10 (1) Section 428(a)(3)(A)(i)(I) of the HEA (20 

11 U.S.C. 1078(a)(3)(A)(i)(I)) is amended to read as 

12 follows: 

13 ‘‘(I) which accrues prior to the 

14 date the student ceases to carry at 

15 least one-half the normal full-time 

16 academic workload (as determined by 

17 the institution), or’’. 

18 (2) The amendment made by paragraph (1) 

19 shall apply to new Federal Direct Stafford Loans 

20 made on or after July 1, 2012 and before July 1, 

21 2014. 

22 (e) REVISED SPECIAL ALLOWANCE CALCULATION.— 

23 (1) REVISED CALCULATION RULE.—Section 

24 438(b)(2)(I) of the HEA (20 U.S.C. 1087– 

mstockstill on DSK4VPTVN1PROD with BILLS

787 

•HR 3671 IH

1 1(b)(2)(I)) is amended by adding at the end the fol2 lowing: 

3 ‘‘(vii) REVISED CALCULATION RULE

4 TO REFLECT FINANCIAL MARKET CONDI5 TIONS.— 

6 ‘‘(I) CALCULATION BASED ON

7 LIBOR.—For the calendar quarter be8 ginning on April 1, 2012 and each 

9 subsequent calendar quarter, in com10 puting the special allowance paid pur11 suant to this subsection with respect 

12 to loans described in subclause (II), 

13 clause (i)(I) of this subparagraph 

14 shall be applied by substituting ‘of the 

15 1-month London Inter Bank Offered 

16 Rate (LIBOR) for United States dol17 lars in effect for each of the days in 

18 such quarter as compiled and released 

19 by the British Bankers Association’ 

20 for ‘of the quotes of the 3-month com21 mercial paper (financial) rates in ef22 fect for each of the days in such quar23 ter as reported by the Federal Reserve 

24 in Publication H–15 (or its successor) 

25 for such 3-month period’. 

mstockstill on DSK4VPTVN1PROD with BILLS

788 

•HR 3671 IH

1 ‘‘(II) LOANS ELIGIBLE FOR

2 LIBOR-BASED CALCULATION.—The 

3 special allowance paid pursuant to 

4 this subsection shall be calculated as 

5 described in subclause (I) with respect 

6 to special allowance payments for the 

7 3-month period ending June 30, 

8 2012, and each succeeding 3-month 

9 period, on loans for which the first 

10 disbursement is made on or after Jan11 uary 1, 2000, and before July 1, 

12 2010, if, not later than April 1, 2012, 

13 the holder of the loan (or, if the hold14 er acts as eligible lender trustee for 

15 the beneficial owner of the loan, the 

16 beneficial owner of the loan), affirma17 tively and permanently waives all con18 tractual, statutory, or other legal 

19 rights to a special allowance paid pur20 suant to this subsection that is cal21 culated using the formula in effect at 

22 the time the loans were first dis23 bursed. 

24 ‘‘(III) TERMS OF WAIVER.— 

mstockstill on DSK4VPTVN1PROD with BILLS

789 

•HR 3671 IH

1 ‘‘(aa) IN GENERAL.—A 

2 waiver pursuant to subclause (II) 

3 shall be in a form (printed or 

4 electronic) prescribed by the Sec5 retary, and shall be applicable 

6 to— 

7 ‘‘(AA) all loans de8 scribed in such subclause 

9 that the lender holds solely 

10 in its own right under any 

11 lender identification number 

12 associated with the holder 

13 (pursuant to section 487B); 

14 ‘‘(BB) all loans de15 scribed in such subclause for 

16 which the beneficial owner 

17 has the authority to make 

18 an election of a waiver under 

19 such subclause, regardless of 

20 the lender identification 

21 number associated with the 

22 loan or the lender that holds 

23 the loan as eligible lender 

24 trustee on behalf of such 

25 beneficial owner; and 

mstockstill on DSK4VPTVN1PROD with BILLS

790 

•HR 3671 IH

1 ‘‘(CC) all future cal2 culations of the special al3 lowance on loans that, on 

4 the date of such waiver, are 

5 loans described in subitem 

6 (AA) or (BB), or that, after 

7 such date, become loans de8 scribed in subitem (AA) or 

9 (BB). 

10 ‘‘(bb) EXCEPTIONS.—Any 

11 waiver pursuant to subclause (II) 

12 that is elected for loans described 

13 in subitem (AA) or (BB) of item 

14 (aa) shall not apply to any loan 

15 described in such subitem for 

16 which the lender or beneficial 

17 owner of the loan demonstrates 

18 to the satisfaction of the Sec19 retary that— 

20 ‘‘(AA) in accordance 

21 with an agreement entered 

22 into before the date of en23 actment of this section by 

24 which such lender or owner 

25 is governed and that applies 

mstockstill on DSK4VPTVN1PROD with BILLS

791 

•HR 3671 IH

1 to such loans, such lender or 

2 owner is not legally per3 mitted to make an election 

4 of such waiver with respect 

5 to such loans without the 

6 approval of one or more 

7 third parties with an inter8 est in the loans, and that 

9 the lender or owner followed 

10 all available options under 

11 such agreement to obtain 

12 such approval, and was un13 able to do so; or 

14 ‘‘(BB) such lender or 

15 beneficial owner presented 

16 the proposal of electing such 

17 a waiver applicable to such 

18 loans associated with an ob19 ligation rated by a nationally 

20 recognized statistical rating 

21 organization (as defined in 

22 section 3(a)(62) of the Secu23 rities Exchange Act of 

24 1934), and such rating orga25 nization provided a written 

mstockstill on DSK4VPTVN1PROD with BILLS

792 

•HR 3671 IH

1 opinion that the agency 

2 would downgrade the rating 

3 applicable to such obligation 

4 if the lender or owner elect5 ed such a waiver.’’. 

6 (2) CONFORMING AMENDMENTS.—Section 

7 438(b)(2)(I) of the HEA (20 U.S.C. 1087– 

8 1(b)(2)(I)) is further amended— 

9 (A) in clause (i)(II), by striking ‘‘such av10 erage bond equivalent rate’’ and inserting ‘‘the 

11 rate determined under subclause (I) (in accord12 ance with clause (vii))’’; and 

13 (B) in clause (v)(III), by striking ‘‘(iv), 

14 and (vi)’’ and inserting ‘‘(iv), (vi), and (vii)’’. 

15 (f) REAPPROPRIATION OF MANDATORY SAVINGS.— 

16 Section 401(b)(7)(A)(iv) of the HEA (20 U.S.C. 

17 1070a(b)(7)(A)(iv)) is amended to read as follows: 

18 ‘‘(iv) to carry out this section— 

19 ‘‘(I) $13,500,000,000 for fiscal 

20 year 2011; 

21 ‘‘(II) $13,795,000,000 for fiscal 

22 year 2012; 

23 ‘‘(III) $7,587,000,000 for fiscal 

24 year 2013; 

mstockstill on DSK4VPTVN1PROD with BILLS

793 

•HR 3671 IH

1 ‘‘(IV) $588,000,000 for fiscal 

2 year 2014; 

3 ‘‘(V) $0 for fiscal year 2015; 

4 ‘‘(VI) $0 for fiscal year 2016; 

5 ‘‘(VII) $1,574,000,000 for fiscal 

6 year 2017; 

7 ‘‘(VIII) $1,382,000,000 for fiscal 

8 year 2018; 

9 ‘‘(IX) $1,409,000,000 for fiscal 

10 year 2019; 

11 ‘‘(X) $1,430,000,000 for fiscal 

12 year 2020; and 

13 ‘‘(XI) $1,145,000,000 for fiscal 

14 year 2021 and each succeeding fiscal 

15 year.’’. 

16 (g) EFFECTIVE DATE.—The amendments made by 

17 subsections (a), (b), and (c) shall take effect on July 1, 

18 2012. 

19 (h) INAPPLICABILITY OF NEGOTIATED RULEMAKING

20 AND MASTER CALENDAR EXCEPTION.—Sections 482(c) 

21 and 492 of the HEA (20 U.S.C. 1089(c), 1098a) shall 

22 not apply to the amendments made by this section, or to 

23 any regulations promulgated under those amendments. 

24 This title may be cited as the ‘‘Department of Edu25 cation Appropriations Act, 2012’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

794 

•HR 3671 IH

1 TITLE IV 

2 RELATED AGENCIES 

3 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

4 BLIND OR SEVERELY DISABLED

5 SALARIES AND EXPENSES

6 For expenses necessary for the Committee for Pur7 chase From People Who Are Blind or Severely Disabled 

8 established by Public Law 92–28, $5,385,000. 

9 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

10 OPERATING EXPENSES

11 For necessary expenses for the Corporation for Na12 tional and Community Service (referred to in this title as 

13 ‘‘CNCS’’) to carry out the Domestic Volunteer Service Act 

14 of 1973 (referred to in this title as ‘‘1973 Act’’) and the 

15 National and Community Service Act of 1990 (referred 

16 to in this title as ‘‘1990 Act’’), $751,672,000, notwith17 standing sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 

18 501(a)(4)(F) of the 1990 Act: Provided, That of the 

19 amounts provided under this heading: (1) up to 1 percent 

20 of program grant funds may be used to defray the costs 

21 of conducting grant application reviews, including the use 

22 of outside peer reviewers and electronic management of 

23 the grants cycle; (2) $44,900,000 shall be available for 

24 expenses authorized under section 501(a)(4)(E) of the 

25 1990 Act; (3) $2,000,000 shall be available for expenses 

mstockstill on DSK4VPTVN1PROD with BILLS

795 

•HR 3671 IH

1 to carry out sections 112(e), 179A, and 198O and subtitle 

2 J of title I of the 1990 Act, notwithstanding section 

3 501(a)(6) of the 1990 Act; (4) $13,466,000 shall be avail4 able to provide assistance to State commissions on na5 tional and community service, under section 126(a) of the 

6 1990 Act and notwithstanding section 501(a)(5)(B) of the 

7 1990 Act; (5) $31,942,000 shall be available to carry out 

8 subtitle E of the 1990 Act; and (6) $3,992,000 shall be 

9 available for expenses authorized under section 

10 501(a)(4)(F) of the 1990 Act, which, notwithstanding the 

11 provisions of section 198P shall be awarded by CNCS on 

12 a competitive basis: Provided further, That, with respect 

13 to amounts provided under this heading for State Service 

14 Commissions, section 126 of the 1990 Act shall be applied 

15 by substituting ‘‘$200,000’’ for ‘‘$250,000’’ each place 

16 that it appears. 

17 NATIONAL SERVICE TRUST

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses for the National Service 

20 Trust established under subtitle D of title I of the 1990 

21 Act, $212,198,000, to remain available until expended: 

22 Provided, That CNCS may transfer additional funds from 

23 the amount provided within ‘‘Operating Expenses’’ allo24 cated to grants under subtitle C of title I of the 1990 Act 

25 to the National Service Trust upon determination that 

mstockstill on DSK4VPTVN1PROD with BILLS

796 

•HR 3671 IH

1 such transfer is necessary to support the activities of na2 tional service participants and after notice is transmitted 

3 to the Committees on Appropriations of the House of Rep4 resentatives and the Senate: Provided further, That 

5 amounts appropriated for or transferred to the National 

6 Service Trust may be invested under section 145(b) of the 

7 1990 Act without regard to the requirement to apportion 

8 funds under 31 U.S.C. 1513(b). 

9 SALARIES AND EXPENSES

10 For necessary expenses of administration as provided 

11 under section 501(a)(5) of the 1990 Act and under section 

12 504(a) of the 1973 Act, including payment of salaries, au13 thorized travel, hire of passenger motor vehicles, the rental 

14 of conference rooms in the District of Columbia, the em15 ployment of experts and consultants authorized under 5 

16 U.S.C. 3109, and not to exceed $2,500 for official recep17 tion and representation expenses, $83,000,000. 

18 OFFICE OF INSPECTOR GENERAL

19 For necessary expenses of the Office of Inspector 

20 General in carrying out the Inspector General Act of 1978, 

21 $4,000,000. 

22 ADMINISTRATIVE PROVISIONS

23 SEC. 401. CNCS shall make any significant changes 

24 to program requirements, service delivery or policy only 

25 through public notice and comment rulemaking. For fiscal 

mstockstill on DSK4VPTVN1PROD with BILLS

797 

•HR 3671 IH

1 year 2012, during any grant selection process, an officer 

2 or employee of CNCS shall not knowingly disclose any cov3 ered grant selection information regarding such selection, 

4 directly or indirectly, to any person other than an officer 

5 or employee of CNCS that is authorized by CNCS to re6 ceive such information. 

7 SEC. 402. AmeriCorps programs receiving grants 

8 under the National Service Trust program shall meet an 

9 overall minimum share requirement of 24 percent for the 

10 first 3 years that they receive AmeriCorps funding, and 

11 thereafter shall meet the overall minimum share require12 ment as provided in section 2521.60 of title 45, Code of 

13 Federal Regulations, without regard to the operating costs 

14 match requirement in section 121(e) or the member sup15 port Federal share limitations in section 140 of the 1990 

16 Act, and subject to partial waiver consistent with section 

17 2521.70 of title 45, Code of Federal Regulations. 

18 SEC. 403. Donations made to CNCS under section 

19 196 of the 1990 Act for the purposes of financing pro20 grams and operations under titles I and II of the 1973 

21 Act or subtitle B, C, D, or E of title I of the 1990 Act 

22 shall be used to supplement and not supplant current pro23 grams and operations. 

24 SEC. 404. In addition to the requirements in section 

25 146(a) of the 1990 Act, use of an educational award for 

mstockstill on DSK4VPTVN1PROD with BILLS

798 

•HR 3671 IH

1 the purpose described in section 148(a)(4) shall be limited 

2 to individuals who are veterans as defined under section 

3 101 of the Act. 

4 CORPORATION FOR PUBLIC BROADCASTING

5 For payment to the Corporation for Public Broad6 casting (referred to in this Act as ‘‘CPB’’), as authorized 

7 by the Communications Act of 1934, an amount which 

8 shall be available within limitations specified by that Act, 

9 for the fiscal year 2014, $445,000,000: Provided, That 

10 none of the funds made available to CPB by this Act shall 

11 be used to pay for receptions, parties, or similar forms 

12 of entertainment for Government officials or employees: 

13 Provided further, That none of the funds made available 

14 to CPB by this Act shall be available or used to aid or 

15 support any program or activity from which any person 

16 is excluded, or is denied benefits, or is discriminated 

17 against, on the basis of race, color, national origin, reli18 gion, or sex: Provided further, That none of the funds 

19 made available to CPB by this Act shall be used to apply 

20 any political test or qualification in selecting, appointing, 

21 promoting, or taking any other personnel action with re22 spect to officers, agents, and employees of CPB: Provided 

23 further, That none of the funds made available to CPB 

24 by this Act shall be used to support the Television Future 

25 Fund or any similar purpose. 

mstockstill on DSK4VPTVN1PROD with BILLS

799 

•HR 3671 IH

1 FEDERAL MEDIATION AND CONCILIATION SERVICE

2 SALARIES AND EXPENSES

3 For expenses necessary for the Federal Mediation 

4 and Conciliation Service (‘‘Service’’) to carry out the func5 tions vested in it by the Labor-Management Relations Act, 

6 1947, including hire of passenger motor vehicles; for ex7 penses necessary for the Labor-Management Cooperation 

8 Act of 1978; and for expenses necessary for the Service 

9 to carry out the functions vested in it by the Civil Service 

10 Reform Act, $46,250,000: Provided, That notwithstanding 

11 31 U.S.C. 3302, fees charged, up to full-cost recovery, for 

12 special training activities and other conflict resolution 

13 services and technical assistance, including those provided 

14 to foreign governments and international organizations, 

15 and for arbitration services shall be credited to and 

16 merged with this account, and shall remain available until 

17 expended: Provided further, That fees for arbitration serv18 ices shall be available only for education, training, and 

19 professional development of the agency workforce: Pro20 vided further, That the Director of the Service is author21 ized to accept and use on behalf of the United States gifts 

22 of services and real, personal, or other property in the aid 

23 of any projects or functions within the Director’s jurisdic24 tion. 

mstockstill on DSK4VPTVN1PROD with BILLS

800 

•HR 3671 IH

1 FEDERAL MINE SAFETY AND HEALTH REVIEW

2 COMMISSION

3 SALARIES AND EXPENSES

4 For expenses necessary for the Federal Mine Safety 

5 and Health Review Commission, $17,637,000. 

6 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

7 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS

8 AND ADMINISTRATION

9 For carrying out the Museum and Library Services 

10 Act of 1996 and the National Museum of African Amer11 ican History and Culture Act, $232,393,000. 

12 MEDICAID AND CHIP PAYMENT AND ACCESS

13 COMMISSION

14 SALARIES AND EXPENSES

15 For expenses necessary to carry out section 1900 of 

16 the Social Security Act, $6,000,000. 

17 MEDICARE PAYMENT ADVISORY COMMISSION

18 SALARIES AND EXPENSES

19 For expenses necessary to carry out section 1805 of 

20 the Social Security Act, $11,800,000, to be transferred to 

21 this appropriation from the Federal Hospital Insurance 

22 Trust Fund and the Federal Supplementary Medical In23 surance Trust Fund. 

mstockstill on DSK4VPTVN1PROD with BILLS

801 

•HR 3671 IH

1 NATIONAL COUNCIL ON DISABILITY

2 SALARIES AND EXPENSES

3 For expenses necessary for the National Council on 

4 Disability as authorized by title IV of the Rehabilitation 

5 Act of 1973, $3,264,000. 

6 NATIONAL LABOR RELATIONS BOARD

7 SALARIES AND EXPENSES

8 For expenses necessary for the National Labor Rela9 tions Board to carry out the functions vested in it by the 

10 Labor-Management Relations Act, 1947, and other laws, 

11 $278,833,000: Provided, That no part of this appropria12 tion shall be available to organize or assist in organizing 

13 agricultural laborers or used in connection with investiga14 tions, hearings, directives, or orders concerning bargaining 

15 units composed of agricultural laborers as referred to in 

16 section 2(3) of the Act of July 5, 1935, and as amended 

17 by the Labor-Management Relations Act, 1947, and as de18 fined in section 3(f) of the Act of June 25, 1938, and 

19 including in said definition employees engaged in the 

20 maintenance and operation of ditches, canals, reservoirs, 

21 and waterways when maintained or operated on a mutual, 

22 nonprofit basis and at least 95 percent of the water stored 

23 or supplied thereby is used for farming purposes. 

mstockstill on DSK4VPTVN1PROD with BILLS

802 

•HR 3671 IH

1 ADMINISTRATIVE PROVISION

2 SEC. 405. None of the funds provided by this Act 

3 or previous Acts making appropriations for the National 

4 Labor Relations Board may be used to issue any new ad5 ministrative directive or regulation that would provide em6 ployees any means of voting through any electronic means 

7 in an election to determine a representative for the pur8 poses of collective bargaining. 

9 NATIONAL MEDIATION BOARD

10 SALARIES AND EXPENSES

11 For expenses necessary to carry out the provisions 

12 of the Railway Labor Act, including emergency boards ap13 pointed by the President, $13,436,000. 

14 OCCUPATIONAL SAFETY AND HEALTH REVIEW

15 COMMISSION

16 SALARIES AND EXPENSES

17 For expenses necessary for the Occupational Safety 

18 and Health Review Commission, $11,689,000. 

19 RAILROAD RETIREMENT BOARD

20 DUAL BENEFITS PAYMENTS ACCOUNT

21 For payment to the Dual Benefits Payments Ac22 count, authorized under section 15(d) of the Railroad Re23 tirement Act of 1974, $51,000,000, which shall include 

24 amounts becoming available in fiscal year 2012 pursuant 

25 to section 224(c)(1)(B) of Public Law 98–76; and in addimstockstill on DSK4VPTVN1PROD with BILLS

803 

•HR 3671 IH

1 tion, an amount, not to exceed 2 percent of the amount 

2 provided herein, shall be available proportional to the 

3 amount by which the product of recipients and the average 

4 benefit received exceeds the amount available for payment 

5 of vested dual benefits: Provided, That the total amount 

6 provided herein shall be credited in 12 approximately 

7 equal amounts on the first day of each month in the fiscal 

8 year. 

9 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

10 ACCOUNTS

11 For payment to the accounts established in the 

12 Treasury for the payment of benefits under the Railroad 

13 Retirement Act for interest earned on unnegotiated 

14 checks, $150,000, to remain available through September 

15 30, 2013, which shall be the maximum amount available 

16 for payment pursuant to section 417 of Public Law 98– 

17 76. 

18 LIMITATION ON ADMINISTRATION

19 For necessary expenses for the Railroad Retirement 

20 Board (‘‘Board’’) for administration of the Railroad Re21 tirement Act and the Railroad Unemployment Insurance 

22 Act, $108,855,000, to be derived in such amounts as de23 termined by the Board from the railroad retirement ac24 counts and from moneys credited to the railroad unem25 ployment insurance administration fund. 

mstockstill on DSK4VPTVN1PROD with BILLS

804 

•HR 3671 IH

1 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

2 For expenses necessary for the Office of Inspector 

3 General for audit, investigatory and review activities, as 

4 authorized by the Inspector General Act of 1978, not more 

5 than $8,170,000, to be derived from the railroad retire6 ment accounts and railroad unemployment insurance ac7 count. 

8 SOCIAL SECURITY ADMINISTRATION

9 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

10 For payment to the Federal Old-Age and Survivors 

11 Insurance Trust Fund and the Federal Disability Insur12 ance Trust Fund, as provided under sections 201(m), 

13 228(g), and 1131(b)(2) of the Social Security Act, 

14 $20,404,000. 

15 SUPPLEMENTAL SECURITY INCOME PROGRAM

16 For carrying out titles XI and XVI of the Social Se17 curity Act, section 401 of Public Law 92–603, section 212 

18 of Public Law 93–66, as amended, and section 405 of 

19 Public Law 95–216, including payment to the Social Secu20 rity trust funds for administrative expenses incurred pur21 suant to section 201(g)(1) of the Social Security Act, 

22 $37,582,991,000, to remain available until expended: Pro23 vided, That any portion of the funds provided to a State 

24 in the current fiscal year and not obligated by the State 

25 during that year shall be returned to the Treasury: Promstockstill on DSK4VPTVN1PROD with BILLS

805 

•HR 3671 IH

1 vided further, That not more than $8,000,000 shall be 

2 available for research and demonstrations under sections 

3 1110 and 1144 of the Social Security Act and remain 

4 available through September 30, 2013. 

5 For making, after June 15 of the current fiscal year, 

6 benefit payments to individuals under title XVI of the So7 cial Security Act, for unanticipated costs incurred for the 

8 current fiscal year, such sums as may be necessary. 

9 For making benefit payments under title XVI of the 

10 Social Security Act for the first quarter of fiscal year 

11 2013, $18,200,000,000, to remain available until ex12 pended. 

13 LIMITATION ON ADMINISTRATIVE EXPENSES

14 For necessary expenses, including the hire of two pas15 senger motor vehicles, and not to exceed $20,000 for offi16 cial reception and representation expenses, not more than 

17 $10,555,494,000 may be expended, as authorized by sec18 tion 201(g)(1) of the Social Security Act, from any one 

19 or all of the trust funds referred to in such section: Pro20 vided, That not less than $2,150,000 shall be for the So21 cial Security Advisory Board: Provided further, That unob22 ligated balances of funds provided under this paragraph 

23 at the end of fiscal year 2012 not needed for fiscal year 

24 2012 shall remain available until expended to invest in the 

25 Social Security Administration information technology 

mstockstill on DSK4VPTVN1PROD with BILLS

806 

•HR 3671 IH

1 and telecommunications hardware and software infra2 structure, including related equipment and non-payroll ad3 ministrative expenses associated solely with this informa4 tion technology and telecommunications infrastructure: 

5 Provided further, That the Commissioner of Social Secu6 rity shall notify the Committees on Appropriations of the 

7 House of Representatives and the Senate prior to making 

8 unobligated balances available under the authority in the 

9 previous proviso: Provided further, That reimbursement to 

10 the trust funds under this heading for expenditures for 

11 official time for employees of the Social Security Adminis12 tration pursuant to 5 U.S.C. 7131, and for facilities or 

13 support services for labor organizations pursuant to poli14 cies, regulations, or procedures referred to in section 

15 7135(b) of such title shall be made by the Secretary of 

16 the Treasury, with interest, from amounts in the general 

17 fund not otherwise appropriated, as soon as possible after 

18 such expenditures are made. 

19 In addition, for continuing disability reviews under 

20 titles II and XVI of the Social Security Act and for the 

21 cost associated with conducting redeterminations of eligi22 bility under title XVI of the Social Security Act, not more 

23 than $274,000,000 may be expended, as authorized by 

24 section 201(g)(1) of the Social Security Act, from any one 

25 or all of the trust funds referred to therein: Provided furmstockstill on DSK4VPTVN1PROD with BILLS

807 

•HR 3671 IH

1 ther, That the Commissioner shall provide to the Congress 

2 (at the conclusion of the fiscal year) a report on the obliga3 tion and expenditure of these funds, similar to the reports 

4 that were required by section 103(d)(2) of Public Law 

5 104–121 for fiscal years 1996 through 2002. 

6 In addition, $161,000,000 to be derived from admin7 istration fees in excess of $5.00 per supplementary pay8 ment collected pursuant to section 1616(d) of the Social 

9 Security Act or section 212(b)(3) of Public Law 93–66, 

10 which shall remain available until expended. To the extent 

11 that the amounts collected pursuant to such sections in 

12 fiscal year 2012 exceed $161,000,000, the amounts shall 

13 be available in fiscal year 2013 only to the extent provided 

14 in advance in appropriations Acts. 

15 In addition, up to $1,000,000 to be derived from fees 

16 collected pursuant to section 303(c) of the Social Security 

17 Protection Act, which shall remain available until ex18 pended. 

19 OFFICE OF INSPECTOR GENERAL

20 (INCLUDING TRANSFER OF FUNDS)

21 For expenses necessary for the Office of Inspector 

22 General in carrying out the provisions of the Inspector 

23 General Act of 1978, $28,942,000, together with not to 

24 exceed $73,535,000, to be transferred and expended as 

25 authorized by section 201(g)(1) of the Social Security Act 

mstockstill on DSK4VPTVN1PROD with BILLS

808 

•HR 3671 IH

1 from the Federal Old-Age and Survivors Insurance Trust 

2 Fund and the Federal Disability Insurance Trust Fund. 

3 In addition, an amount not to exceed 3 percent of 

4 the total provided in this appropriation may be transferred 

5 from the ‘‘Limitation on Administrative Expenses’’, Social 

6 Security Administration, to be merged with this account, 

7 to be available for the time and purposes for which this 

8 account is available: Provided, That notice of such trans9 fers shall be transmitted promptly to the Committees on 

10 Appropriations of the House of Representatives and the 

11 Senate at least 15 days in advance of any transfer. 

mstockstill on DSK4VPTVN1PROD with BILLS

809 

•HR 3671 IH

1 TITLE V 

2 GENERAL PROVISIONS 

3 (TRANSFER OF FUNDS)

4 SEC. 501. The Secretaries of Labor, Health and 

5 Human Services, and Education are authorized to transfer 

6 unexpended balances of prior appropriations to accounts 

7 corresponding to current appropriations provided in this 

8 Act. Such transferred balances shall be used for the same 

9 purpose, and for the same periods of time, for which they 

10 were originally appropriated. 

11 SEC. 502. No part of any appropriation contained in 

12 this Act shall remain available for obligation beyond the 

13 current fiscal year unless expressly so provided herein. 

14 SEC. 503. (a) No part of any appropriation contained 

15 in this Act or transferred pursuant to section 4002 of 

16 Public Law 111–148 shall be used, other than for normal 

17 and recognized executive-legislative relationships, for pub18 licity or propaganda purposes, for the preparation, dis19 tribution, or use of any kit, pamphlet, booklet, publication, 

20 electronic communication, radio, television, or video pres21 entation designed to support or defeat the enactment of 

22 legislation before the Congress or any State or local legis23 lature or legislative body, except in presentation to the 

24 Congress or any State or local legislature itself, or de25 signed to support or defeat any proposed or pending regumstockstill on DSK4VPTVN1PROD with BILLS

810 

•HR 3671 IH

1 lation, administrative action, or order issued by the execu2 tive branch of any State or local government, except in 

3 presentation to the executive branch of any State or local 

4 government itself. 

5 (b) No part of any appropriation contained in this 

6 Act or transferred pursuant to section 4002 of Public Law 

7 111–148 shall be used to pay the salary or expenses of 

8 any grant or contract recipient, or agent acting for such 

9 recipient, related to any activity designed to influence the 

10 enactment of legislation, appropriations, regulation, ad11 ministrative action, or Executive order proposed or pend12 ing before the Congress or any State government, State 

13 legislature or local legislature or legislative body, other 

14 than for normal and recognized executive-legislative rela15 tionships or participation by an agency or officer of a 

16 State, local or tribal government in policymaking and ad17 ministrative processes within the executive branch of that 

18 government. 

19 (c) The prohibitions in subsections (a) and (b) shall 

20 include any activity to advocate or promote any proposed, 

21 pending or future Federal, State or local tax increase, or 

22 any proposed, pending, or future requirement or restric23 tion on any legal consumer product, including its sale or 

24 marketing, including but not limited to the advocacy or 

25 promotion of gun control. 

mstockstill on DSK4VPTVN1PROD with BILLS

811 

•HR 3671 IH

1 SEC. 504. The Secretaries of Labor and Education 

2 are authorized to make available not to exceed $28,000 

3 and $20,000, respectively, from funds available for sala4 ries and expenses under titles I and III, respectively, for 

5 official reception and representation expenses; the Direc6 tor of the Federal Mediation and Conciliation Service is 

7 authorized to make available for official reception and rep8 resentation expenses not to exceed $5,000 from the funds 

9 available for ‘‘Federal Mediation and Conciliation Service, 

10 Salaries and Expenses’’; and the Chairman of the Na11 tional Mediation Board is authorized to make available for 

12 official reception and representation expenses not to ex13 ceed $5,000 from funds available for ‘‘National Mediation 

14 Board, Salaries and Expenses’’. 

15 SEC. 505. When issuing statements, press releases, 

16 requests for proposals, bid solicitations and other docu17 ments describing projects or programs funded in whole or 

18 in part with Federal money, all grantees receiving Federal 

19 funds included in this Act, including but not limited to 

20 State and local governments and recipients of Federal re21 search grants, shall clearly state— 

22 (1) the percentage of the total costs of the pro23 gram or project which will be financed with Federal 

24 money; 

mstockstill on DSK4VPTVN1PROD with BILLS

812 

•HR 3671 IH

1 (2) the dollar amount of Federal funds for the 

2 project or program; and 

3 (3) percentage and dollar amount of the total 

4 costs of the project or program that will be financed 

5 by non-governmental sources. 

6 SEC. 506. (a) None of the funds appropriated in this 

7 Act, and none of the funds in any trust fund to which 

8 funds are appropriated in this Act, shall be expended for 

9 any abortion. 

10 (b) None of the funds appropriated in this Act, and 

11 none of the funds in any trust fund to which funds are 

12 appropriated in this Act, shall be expended for health ben13 efits coverage that includes coverage of abortion. 

14 (c) The term ‘‘health benefits coverage’’ means the 

15 package of services covered by a managed care provider 

16 or organization pursuant to a contract or other arrange17 ment. 

18 SEC. 507. (a) The limitations established in the pre19 ceding section shall not apply to an abortion— 

20 (1) if the pregnancy is the result of an act of 

21 rape or incest; or 

22 (2) in the case where a woman suffers from a 

23 physical disorder, physical injury, or physical illness, 

24 including a life-endangering physical condition 

25 caused by or arising from the pregnancy itself, that 

mstockstill on DSK4VPTVN1PROD with BILLS

813 

•HR 3671 IH

1 would, as certified by a physician, place the woman 

2 in danger of death unless an abortion is performed. 

3 (b) Nothing in the preceding section shall be con4 strued as prohibiting the expenditure by a State, locality, 

5 entity, or private person of State, local, or private funds 

6 (other than a State’s or locality’s contribution of Medicaid 

7 matching funds). 

8 (c) Nothing in the preceding section shall be con9 strued as restricting the ability of any managed care pro10 vider from offering abortion coverage or the ability of a 

11 State or locality to contract separately with such a pro12 vider for such coverage with State funds (other than a 

13 State’s or locality’s contribution of Medicaid matching 

14 funds). 

15 (d)(1) None of the funds made available in this Act 

16 may be made available to a Federal agency or program, 

17 or to a State or local government, if such agency, program, 

18 or government subjects any institutional or individual 

19 health care entity to discrimination on the basis that the 

20 health care entity does not provide, pay for, provide cov21 erage of, or refer for abortions. 

22 (2) In this subsection, the term ‘‘health care entity’’ 

23 includes an individual physician or other health care pro24 fessional, a hospital, a provider-sponsored organization, a 

25 health maintenance organization, a health insurance plan, 

mstockstill on DSK4VPTVN1PROD with BILLS

814 

•HR 3671 IH

1 or any other kind of health care facility, organization, or 

2 plan. 

3 SEC. 508. (a) None of the funds made available in 

4 this Act may be used for— 

5 (1) the creation of a human embryo or embryos 

6 for research purposes; or 

7 (2) research in which a human embryo or em8 bryos are destroyed, discarded, or knowingly sub9 jected to risk of injury or death greater than that 

10 allowed for research on fetuses in utero under 45 

11 CFR 46.204(b) and section 498(b) of the Public 

12 Health Service Act (42 U.S.C. 289g(b)). 

13 (b) For purposes of this section, the term ‘‘human 

14 embryo or embryos’’ includes any organism, not protected 

15 as a human subject under 45 CFR 46 as of the date of 

16 the enactment of this Act, that is derived by fertilization, 

17 parthenogenesis, cloning, or any other means from one or 

18 more human gametes or human diploid cells. 

19 SEC. 509. (a) None of the funds made available in 

20 this Act may be used for any activity that promotes the 

21 legalization of any drug or other substance included in 

22 schedule I of the schedules of controlled substances estab23 lished under section 202 of the Controlled Substances Act 

24 except for normal and recognized executive-congressional 

25 communications. 

mstockstill on DSK4VPTVN1PROD with BILLS

815 

•HR 3671 IH

1 (b) The limitation in subsection (a) shall not apply 

2 when there is significant medical evidence of a therapeutic 

3 advantage to the use of such drug or other substance or 

4 that federally sponsored clinical trials are being conducted 

5 to determine therapeutic advantage. 

6 SEC. 510. None of the funds made available in this 

7 Act may be used to promulgate or adopt any final stand8 ard under section 1173(b) of the Social Security Act pro9 viding for, or providing for the assignment of, a unique 

10 health identifier for an individual (except in an individ11 ual’s capacity as an employer or a health care provider), 

12 until legislation is enacted specifically approving the 

13 standard. 

14 SEC. 511. None of the funds made available in this 

15 Act may be obligated or expended to enter into or renew 

16 a contract with an entity if— 

17 (1) such entity is otherwise a contractor with 

18 the United States and is subject to the requirement 

19 in 38 U.S.C. 4212(d) regarding submission of an 

20 annual report to the Secretary of Labor concerning 

21 employment of certain veterans; and 

22 (2) such entity has not submitted a report as 

23 required by that section for the most recent year for 

24 which such requirement was applicable to such enti25 ty. 

mstockstill on DSK4VPTVN1PROD with BILLS

816 

•HR 3671 IH

1 SEC. 512. None of the funds made available in this 

2 Act may be transferred to any department, agency, or in3 strumentality of the United States Government, except 

4 pursuant to a transfer made by, or transfer authority pro5 vided in, this Act or any other appropriation Act. 

6 SEC. 513. None of the funds made available by this 

7 Act to carry out the Library Services and Technology Act 

8 may be made available to any library covered by para9 graph (1) of section 224(f) of such Act, as amended by 

10 the Children’s Internet Protection Act, unless such library 

11 has made the certifications required by paragraph (4) of 

12 such section. 

13 SEC. 514. None of the funds made available by this 

14 Act to carry out part D of title II of the Elementary and 

15 Secondary Education Act of 1965 may be made available 

16 to any elementary or secondary school covered by para17 graph (1) of section 2441(a) of such Act, as amended by 

18 the Children’s Internet Protection Act and the No Child 

19 Left Behind Act, unless the local educational agency with 

20 responsibility for such covered school has made the certifi21 cations required by paragraph (2) of such section. 

22 SEC. 515. (a) None of the funds provided under this 

23 Act, or provided under previous appropriations Acts to the 

24 agencies funded by this Act that remain available for obli25 gation or expenditure in fiscal year 2012, or provided from 

mstockstill on DSK4VPTVN1PROD with BILLS

817 

•HR 3671 IH

1 any accounts in the Treasury of the United States derived 

2 by the collection of fees available to the agencies funded 

3 by this Act, shall be available for obligation or expenditure 

4 through a reprogramming of funds that— 

5 (1) creates new programs; 

6 (2) eliminates a program, project, or activity; 

7 (3) increases funds or personnel by any means 

8 for any project or activity for which funds have been 

9 denied or restricted; 

10 (4) relocates an office or employees; 

11 (5) reorganizes or renames offices; 

12 (6) reorganizes programs or activities; or 

13 (7) contracts out or privatizes any functions or 

14 activities presently performed by Federal employees; 

15 unless the Committees on Appropriations of the House of 

16 Representatives and the Senate are notified 15 days in 

17 advance of such reprogramming or of an announcement 

18 of intent relating to such reprogramming, whichever oc19 curs earlier. 

20 (b) None of the funds provided under this Act, or 

21 provided under previous appropriations Acts to the agen22 cies funded by this Act that remain available for obligation 

23 or expenditure in fiscal year 2012, or provided from any 

24 accounts in the Treasury of the United States derived by 

25 the collection of fees available to the agencies funded by 

mstockstill on DSK4VPTVN1PROD with BILLS

818 

•HR 3671 IH

1 this Act, shall be available for obligation or expenditure 

2 through a reprogramming of funds in excess of $500,000 

3 or 10 percent, whichever is less, that— 

4 (1) augments existing programs, projects (in5 cluding construction projects), or activities; 

6 (2) reduces by 10 percent funding for any exist7 ing program, project, or activity, or numbers of per8 sonnel by 10 percent as approved by Congress; or 

9 (3) results from any general savings from a re10 duction in personnel which would result in a change 

11 in existing programs, activities, or projects as ap12 proved by Congress; 

13 unless the Committees on Appropriations of the House of 

14 Representatives and the Senate are notified 15 days in 

15 advance of such reprogramming or of an announcement 

16 of intent relating to such reprogramming, whichever oc17 curs earlier. 

18 SEC. 516. (a) None of the funds made available in 

19 this Act may be used to request that a candidate for ap20 pointment to a Federal scientific advisory committee dis21 close the political affiliation or voting history of the can22 didate or the position that the candidate holds with re23 spect to political issues not directly related to and nec24 essary for the work of the committee involved. 

mstockstill on DSK4VPTVN1PROD with BILLS

819 

•HR 3671 IH

1 (b) None of the funds made available in this Act may 

2 be used to disseminate information that is deliberately 

3 false or misleading. 

4 SEC. 517. Within 45 days of enactment of this Act, 

5 each department and related agency funded through this 

6 Act shall submit an operating plan that details at the pro7 gram, project, and activity level any funding allocations 

8 for fiscal year 2012 that are different than those specified 

9 in this Act, the accompanying detailed table in the state10 ment of the managers on the conference report accom11 panying this Act, or the fiscal year 2012 budget request. 

12 SEC. 518. The Secretaries of Labor, Health and 

13 Human Services, and Education shall each prepare and 

14 submit to the Committees on Appropriations of the House 

15 of Representatives and the Senate a report on the number 

16 and amount of contracts, grants, and cooperative agree17 ments exceeding $500,000 in value and awarded by the 

18 Department on a non-competitive basis during each quar19 ter of fiscal year 2012, but not to include grants awarded 

20 on a formula basis or directed by law. Such report shall 

21 include the name of the contractor or grantee, the amount 

22 of funding, the governmental purpose, including a jus23 tification for issuing the award on a non-competitive basis. 

24 Such report shall be transmitted to the Committees within 

mstockstill on DSK4VPTVN1PROD with BILLS

820 

•HR 3671 IH

1 30 days after the end of the quarter for which the report 

2 is submitted. 

3 SEC. 519. None of the funds appropriated or other4 wise made available by this Act may be used to enter into 

5 a contract in an amount greater than $5,000,000 or to 

6 award a grant in excess of such amount unless the pro7 spective contractor or grantee certifies in writing to the 

8 agency awarding the contract or grant that, to the best 

9 of its knowledge and belief, the contractor or grantee has 

10 filed all Federal tax returns required during the 3 years 

11 preceding the certification, has not been convicted of a 

12 criminal offense under the Internal Revenue Code of 1986, 

13 and has not, more than 90 days prior to certification, been 

14 notified of any unpaid Federal tax assessment for which 

15 the liability remains unsatisfied, unless the assessment is 

16 the subject of an installment agreement or offer in com17 promise that has been approved by the Internal Revenue 

18 Service and is not in default, or the assessment is the sub19 ject of a non-frivolous administrative or judicial pro20 ceeding. 

21 SEC. 520. None of the funds appropriated in this Act 

22 shall be expended or obligated by the Commissioner of So23 cial Security, for purposes of administering Social Security 

24 benefit payments under title II of the Social Security Act, 

25 to process any claim for credit for a quarter of coverage 

mstockstill on DSK4VPTVN1PROD with BILLS

821 

•HR 3671 IH

1 based on work performed under a social security account 

2 number that is not the claimant’s number and the per3 formance of such work under such number has formed the 

4 basis for a conviction of the claimant of a violation of sec5 tion 208(a)(6) or (7) of the Social Security Act. 

6 SEC. 521. None of the funds appropriated by this Act 

7 may be used by the Commissioner of Social Security or 

8 the Social Security Administration to pay the compensa9 tion of employees of the Social Security Administration 

10 to administer Social Security benefit payments, under any 

11 agreement between the United States and Mexico estab12 lishing totalization arrangements between the social secu13 rity system established by title II of the Social Security 

14 Act and the social security system of Mexico, which would 

15 not otherwise be payable but for such agreement. 

16 (RESCISSION)

17 SEC. 522. Of the funds made available for perform18 ance bonus payments under section 2105(a)(3)(E) of the 

19 Social Security Act, $6,367,964,000 are hereby rescinded. 

20 SEC. 523. Notwithstanding any other provision of 

21 this Act, no funds appropriated in this Act shall be used 

22 to carry out any program of distributing sterile needles 

23 or syringes for the hypodermic injection of any illegal 

24 drug. 

mstockstill on DSK4VPTVN1PROD with BILLS

822 

•HR 3671 IH

1 (RESCISSION)

2 SEC. 524. Of the funds made available under section 

3 1322 of Public Law 111–148, $400,000,000 are re4 scinded. 

5 (RESCISSION)

6 SEC. 525. Of the funds made available for fiscal year 

7 2012 under section 3403 of Public Law 111–148, 

8 $10,000,000 are rescinded. 

9 SEC. 526. Not later than 30 days after the end of 

10 each calendar quarter, beginning with the first quarter of 

11 fiscal year 2013, the Departments of Labor, Health and 

12 Human Services and Education and the Social Security 

13 Administration shall provide the Committees on Appro14 priations of the House of Representatives and Senate a 

15 quarterly report on the status of balances of appropria16 tions: Provided, That for balances that are unobligated 

17 and uncommitted, committed, and obligated but unex18 pended, the quarterly reports shall separately identify the 

19 amounts attributable to each source year of appropriation 

20 (beginning with fiscal year 2012, or, to the extent feasible, 

21 earlier fiscal years) from which balances were derived. 

22 SEC. 527. (a) ACROSS-THE-BOARD RESCISSIONS.— 

23 There is hereby rescinded an amount equal to 0.189 per24 cent of— 

mstockstill on DSK4VPTVN1PROD with BILLS

823 

•HR 3671 IH

1 (1) the budget authority provided for fiscal year 

2 2012 for any discretionary account of this Act; and 

3 (2) the budget authority provided in any ad4 vance appropriation for fiscal year 2012 for any dis5 cretionary account in any prior fiscal year appro6 priation Act. 

7 (b) PROPORTIONATE APPLICATION.—Any rescission 

8 made by subsection (a) shall be applied proportionately— 

9 (1) to each discretionary account and each item 

10 of budget authority described in such subsection; 

11 and 

12 (2) within each such account and item, to each 

13 program, project, and activity (with programs, 

14 projects, and activities as delineated in this Act or 

15 in the explanatory statement described in section 4 

16 (in the matter preceding division A of this consoli17 dated Act)). 

18 (c) EXCEPTION.—This section shall not apply to dis19 cretionary authority appropriated for the Federal Pell 

20 Grants program under the heading ‘‘Department of Edu21 cation, Student Financial Assistance’’. 

22 (d) OMB REPORT.—Within 30 days after the date 

23 of the enactment of this section, the Director of the Office 

24 of Management and Budget shall submit to the Commit25 tees on Appropriations of the House of Representatives 

mstockstill on DSK4VPTVN1PROD with BILLS

824 

•HR 3671 IH

1 and the Senate a report specifying the account and 

2 amount of each rescission made pursuant to this section. 

3 This division may be cited as the ‘‘Departments of 

4 Labor, Health and Human Services, and Education, and 

5 Related Agencies Appropriations Act, 2012’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

825 

•HR 3671 IH

1 DIVISION G—LEGISLATIVE BRANCH 

2 APPROPRIATIONS ACT, 2012 

3 TITLE I—LEGISLATIVE BRANCH 

4

5 SENATE 

6 EXPENSE ALLOWANCES

7 For expense allowances of the Vice President, 

8 $18,760; the President Pro Tempore of the Senate, 

9 $37,520; Majority Leader of the Senate, $39,920; Minor10 ity Leader of the Senate, $39,920; Majority Whip of the 

11 Senate, $9,980; Minority Whip of the Senate, $9,980; 

12 Chairmen of the Majority and Minority Conference Com13 mittees, $4,690 for each Chairman; and Chairmen of the 

14 Majority and Minority Policy Committees, $4,690 for each 

15 Chairman; in all, $174,840. 

16 REPRESENTATION ALLOWANCES FOR THE MAJORITY

17 AND MINORITY LEADERS

18 For representation allowances of the Majority and 

19 Minority Leaders of the Senate, $14,070 for each such 

20 Leader; in all, $28,140. 

21 SALARIES, OFFICERS AND EMPLOYEES

22 For compensation of officers, employees, and others 

23 as authorized by law, including agency contributions, 

24 $175,763,738, which shall be paid from this appropriation 

25 without regard to the following limitations: 

mstockstill on DSK4VPTVN1PROD with BILLS

826 

•HR 3671 IH

1 OFFICE OF THE VICE PRESIDENT

2 For the Office of the Vice President, $2,361,248. 

3 OFFICE OF THE PRESIDENT PRO TEMPORE

4 For the Office of the President Pro Tempore, 

5 $705,466. 

6 OFFICES OF THE MAJORITY AND MINORITY LEADERS

7 For Offices of the Majority and Minority Leaders, 

8 $5,201,576. 

9 OFFICES OF THE MAJORITY AND MINORITY WHIPS

10 For Offices of the Majority and Minority Whips, 

11 $3,281,424. 

12 COMMITTEE ON APPROPRIATIONS

13 For salaries of the Committee on Appropriations, 

14 $14,863,573. 

15 CONFERENCE COMMITTEES

16 For the Conference of the Majority and the Con17 ference of the Minority, at rates of compensation to be 

18 fixed by the Chairman of each such committee, 

19 $1,619,195 for each such committee; in all, $3,238,390. 

20 OFFICES OF THE SECRETARIES OF THE CONFERENCE OF

21 THE MAJORITY AND THE CONFERENCE OF THE MINORITY

22 For Offices of the Secretaries of the Conference of 

23 the Majority and the Conference of the Minority, 

24 $797,402. 

mstockstill on DSK4VPTVN1PROD with BILLS

827 

•HR 3671 IH

1 POLICY COMMITTEES

2 For salaries of the Majority Policy Committee and 

3 the Minority Policy Committee, $1,653,905 for each such 

4 committee; in all, $3,307,810. 

5 OFFICE OF THE CHAPLAIN

6 For Office of the Chaplain, $405,886. 

7 OFFICE OF THE SECRETARY

8 For Office of the Secretary, $24,194,115. 

9 OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER

10 For Office of the Sergeant at Arms and Doorkeeper, 

11 $73,000,000. 

12 OFFICES OF THE SECRETARIES FOR THE MAJORITY AND

13 MINORITY

14 For Offices of the Secretary for the Majority and the 

15 Secretary for the Minority, $1,722,388. 

16 AGENCY CONTRIBUTIONS AND RELATED EXPENSES

17 For agency contributions for employee benefits, as 

18 authorized by law, and related expenses, $42,684,460. 

19 OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE

20 For salaries and expenses of the Office of the Legisla21 tive Counsel of the Senate, $6,995,300. 

22 OFFICE OF SENATE LEGAL COUNSEL

23 For salaries and expenses of the Office of Senate 

24 Legal Counsel, $1,449,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

828 

•HR 3671 IH

1 EXPENSE ALLOWANCES OF THE SECRETARY OF THE

2 SENATE, SERGEANT AT ARMS AND DOORKEEPER OF

3 THE SENATE, AND SECRETARIES FOR THE MAJOR4 ITY AND MINORITY OF THE SENATE

5 For expense allowances of the Secretary of the Sen6 ate, $7,110; Sergeant at Arms and Doorkeeper of the Sen7 ate, $7,110; Secretary for the Majority of the Senate, 

8 $7,110; Secretary for the Minority of the Senate, $7,110; 

9 in all, $28,440. 

10 CONTINGENT EXPENSES OF THE SENATE

11 INQUIRIES AND INVESTIGATIONS

12 For expenses of inquiries and investigations ordered 

13 by the Senate, or conducted under paragraph 1 of rule 

14 XXVI of the Standing Rules of the Senate, section 112 

15 of the Supplemental Appropriations and Rescission Act, 

16 1980 (Public Law 96–304), and Senate Resolution 281, 

17 96th Congress, agreed to March 11, 1980, $131,305,860, 

18 of which $26,650,000 shall be available until September 

19 30, 2014. 

20 EXPENSES OF THE UNITED STATES SENATE CAUCUS ON

21 INTERNATIONAL NARCOTICS CONTROL

22 For expenses of the United States Senate Caucus on 

23 International Narcotics Control, $487,822. 

mstockstill on DSK4VPTVN1PROD with BILLS

829 

•HR 3671 IH

1 SECRETARY OF THE SENATE

2 For expenses of the Office of the Secretary of the 

3 Senate $5,816,344 of which $4,200,000 shall remain 

4 available until September 30, 2016. 

5 SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE

6 For expenses of the Office of the Sergeant at Arms 

7 and Doorkeeper of the Senate, $130,722,080, which shall 

8 remain available until September 30, 2016. 

9 MISCELLANEOUS ITEMS

10 For miscellaneous items, $19,360,000, which shall 

11 remain available until September 30, 2014. 

12 SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE

13 ACCOUNT

14 For Senators’ Official Personnel and Office Expense 

15 Account, $396,180,000 of which $18,921,206 shall remain 

16 available until September 30, 2014. 

17 OFFICIAL MAIL COSTS

18 For expenses necessary for official mail costs of the 

19 Senate, $281,436. 

20 ADMINISTRATIVE PROVISION

21 PAYMENT OF CERTAIN EXPENSES

22 SEC. 1. (a) IN GENERAL.—Subject to the approval 

23 of the Committee on Appropriations of the Senate, if in 

24 any fiscal year amounts in any appropriations account 

25 under the heading ‘‘SENATE’’ under the heading ‘‘LEGmstockstill on DSK4VPTVN1PROD with BILLS

830 

•HR 3671 IH

1 ISLATIVE BRANCH’’ are available for more than 1 fis2 cal year, the Secretary of the Senate may establish proce3 dures for the payment of expenses with respect to that 

4 account from any amounts available for that fiscal year. 

5 (b) EFFECTIVE DATE.—This section shall apply to 

6 fiscal year 2012 and each fiscal year thereafter. 

7 HOUSE OF REPRESENTATIVES 

8 SALARIES AND EXPENSES

9 For salaries and expenses of the House of Represent10 atives, $1,225,680,000, as follows: 

11 HOUSE LEADERSHIP OFFICES

12 For salaries and expenses, as authorized by law, 

13 $23,275,773, including: Office of the Speaker, 

14 $6,942,770, including $25,000 for official expenses of the 

15 Speaker; Office of the Majority Floor Leader, $2,277,595, 

16 including $10,000 for official expenses of the Majority 

17 Leader; Office of the Minority Floor Leader, $7,432,812, 

18 including $10,000 for official expenses of the Minority 

19 Leader; Office of the Majority Whip, including the Chief 

20 Deputy Majority Whip, $1,971,050, including $5,000 for 

21 official expenses of the Majority Whip; Office of the Mi22 nority Whip, including the Chief Deputy Minority Whip, 

23 $1,524,951, including $5,000 for official expenses of the 

24 Minority Whip; Republican Conference, $1,572,788; 

25 Democratic Caucus, $1,553,807. In addition to the 

mstockstill on DSK4VPTVN1PROD with BILLS

831 

•HR 3671 IH

1 amounts made available above, for salaries and expenses 

2 under this heading, to be available during the period be3 ginning September 30, 2012, and ending December 31, 

4 2013; $5,818,948, including: Office of the Speaker, 

5 $1,735,694, including $6,250 for official expenses of the 

6 Speaker; Office of the Majority Floor Leader, $569,399, 

7 including $2,500 for official expenses of the Majority 

8 Leader; Office of the Minority Floor Leader, $1,858,205, 

9 including $2,500 for official expenses of the Minority 

10 Leader; Office of the Majority Whip, including the Chief 

11 Deputy Majority Whip, $492,763, including $1,250 for of12 ficial expenses of the Majority Whip; Office of the Minor13 ity Whip, including the Chief Deputy Minority Whip, 

14 $381,238, including $1,250 for official expenses of the Mi15 nority Whip; Republican Conference, $393,197; Demo16 cratic Caucus, $388,452. 

17 MEMBERS’ REPRESENTATIONAL ALLOWANCES

18 INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL

19 EXPENSES OF MEMBERS, AND OFFICIAL MAIL

20 For Members’ representational allowances, including 

21 Members’ clerk hire, official expenses, and official mail, 

22 $573,939,282. 

mstockstill on DSK4VPTVN1PROD with BILLS

832 

•HR 3671 IH

1 COMMITTEE EMPLOYEES

2 STANDING COMMITTEES, SPECIAL AND SELECT

3 For salaries and expenses of standing committees, 

4 special and select, authorized by House resolutions, 

5 $125,964,870: Provided, That such amount shall remain 

6 available for such salaries and expenses until December 

7 31, 2012. 

8 COMMITTEE ON APPROPRIATIONS

9 For salaries and expenses of the Committee on Ap10 propriations, $26,665,785, including studies and examina11 tions of executive agencies and temporary personal serv12 ices for such committee, to be expended in accordance with 

13 section 202(b) of the Legislative Reorganization Act of 

14 1946 and to be available for reimbursement to agencies 

15 for services performed: Provided, That such amount shall 

16 remain available for such salaries and expenses until De17 cember 31, 2012. 

18 SALARIES, OFFICERS AND EMPLOYEES

19 For salaries and expenses of officers and employees, 

20 as authorized by law, $177,628,400, including: for salaries 

21 and expenses of the Office of the Clerk, including not more 

22 than $23,000, of which not more than $20,000 is for the 

23 Family Room, for official representation and reception ex24 penses, $26,114,400, of which $2,000,000 shall remain 

25 available until expended; for salaries and expenses of the 

mstockstill on DSK4VPTVN1PROD with BILLS

833 

•HR 3671 IH

1 Office of the Sergeant at Arms, including the position of 

2 Superintendent of Garages and the Office of Emergency 

3 Management, and including not more than $3,000 for offi4 cial representation and reception expenses, $12,585,000 

5 of which $4,445,000 shall remain available until expended; 

6 for salaries and expenses of the Office of the Chief Admin7 istrative Officer including not more than $3,000 for offi8 cial representation and reception expenses, $116,782,000, 

9 of which $3,937,000 shall remain available until expended; 

10 for salaries and expenses of the Office of the Inspector 

11 General, $5,045,000; for salaries and expenses of the Of12 fice of General Counsel, $1,415,000; for the Office of the 

13 Chaplain, $179,000; for salaries and expenses of the Of14 fice of the Parliamentarian, including the Parliamen15 tarian, $2,000 for preparing the Digest of Rules, and not 

16 more than $1,000 for official representation and reception 

17 expenses, $2,060,000; for salaries and expenses of the Of18 fice of the Law Revision Counsel of the House, 

19 $3,258,000; for salaries and expenses of the Office of the 

20 Legislative Counsel of the House, $8,814,000; for salaries 

21 and expenses of the Office of Interparliamentary Affairs, 

22 $859,000; for other authorized employees, $347,000; and 

23 for salaries and expenses of the Historian, $170,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

834 

•HR 3671 IH

1 ALLOWANCES AND EXPENSES

2 For allowances and expenses as authorized by House 

3 resolution or law, $292,386,942, including: supplies, mate4 rials, administrative costs and Federal tort claims, 

5 $3,696,118; official mail for committees, leadership of6 fices, and administrative offices of the House, $201,000; 

7 Government contributions for health, retirement, Social 

8 Security, and other applicable employee benefits, 

9 $264,848,219; Business Continuity and Disaster Recov10 ery, $17,112,072, of which $5,000,000 shall remain avail11 able until expended; transition activities for new members 

12 and staff, $1,721,533; Wounded Warrior Program 

13 $2,500,000, to remain available until expended; Office of 

14 Congressional Ethics, $1,548,000; and miscellaneous 

15 items including purchase, exchange, maintenance, repair 

16 and operation of House motor vehicles, interparliamentary 

17 receptions, and gratuities to heirs of deceased employees 

18 of the House, $760,000. 

19 ADMINISTRATIVE PROVISIONS

20 SEC. 101. (a) REQUIRING AMOUNTS REMAINING IN

21 MEMBERS’ REPRESENTATIONAL ALLOWANCES TO BE

22 USED FOR DEFICIT REDUCTION OR TO REDUCE THE

23 FEDERAL DEBT.—Notwithstanding any other provision of 

24 law, any amounts appropriated under this Act for 

25 ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND

mstockstill on DSK4VPTVN1PROD with BILLS

835 

•HR 3671 IH

1 EXPENSES—MEMBERS’ REPRESENTATIONAL ALLOW2 ANCES’’ shall be available only for fiscal year 2012. Any 

3 amount remaining after all payments are made under such 

4 allowances for fiscal year 2012 shall be deposited in the 

5 Treasury and used for deficit reduction (or, if there is no 

6 Federal budget deficit after all such payments have been 

7 made, for reducing the Federal debt, in such manner as 

8 the Secretary of the Treasury considers appropriate). 

9 (b) REGULATIONS.—The Committee on House Ad10 ministration of the House of Representatives shall have 

11 authority to prescribe regulations to carry out this section. 

12 (c) DEFINITION.—As used in this section, the term 

13 ‘‘Member of the House of Representatives’’ means a Rep14 resentative in, or a Delegate or Resident Commissioner 

15 to, the Congress. 

16 REPUBLICAN POLICY COMMITTEE

17 SEC. 102. (a) Section 109(a) of the Legislative 

18 Branch Appropriations Act, 2005 (2 U.S.C. 74a–13(a)) 

19 is amended by striking ‘‘the chair of the Republican Con20 ference’’ and inserting the following: ‘‘the Speaker of the 

21 House of Representatives (or, if the Speaker is not a mem22 ber of the Republican Party, the Minority Leader of the 

23 House of Representatives)’’. 

24 (b) Section 109(b) of such Act (2 U.S.C. 74a–13(b)) 

25 is amended by striking the period at the end and inserting 

mstockstill on DSK4VPTVN1PROD with BILLS

836 

•HR 3671 IH

1 the following: ‘‘, and which shall be obligated and ex2 pended as directed by the Speaker (or, if the Speaker is 

3 not a member of the Republican party, the Minority Lead4 er).’’. 

5 (c) The amendment made by subsection (a) shall 

6 apply with respect to fiscal year 2012 and each succeeding 

7 fiscal year. 

8 AUTHORITY OF SPEAKER AND MINORITY LEADER TO

9 ALLOCATE FUNDS AMONG CERTAIN HOUSE LEAD10 ERSHIP OFFICES

11 SEC. 103. (a) AUTHORITY OF SPEAKER.— 

12 (1) AUTHORITY DESCRIBED.—Notwithstanding 

13 any other provision of law (including any provision 

14 of law that sets forth an allowance for official ex15 penses), the amount appropriated or otherwise made 

16 available during a Congress for the salaries and ex17 penses of any office or authority described in para18 graph (2) shall be the amount allocated for such of19 fice or authority by the Speaker of the House of 

20 Representatives from the aggregate amount appro21 priated or otherwise made available for all such of22 fices and authorities. 

23 (2) OFFICES AND AUTHORITIES DESCRIBED.— 

24 The offices and authorities described in this para25 graph are as follows: 

mstockstill on DSK4VPTVN1PROD with BILLS

837 

•HR 3671 IH

1 (A) The Office of the Speaker. 

2 (B) The Speaker’s Office for Legislative 

3 Floor Activities. 

4 (C) The Republican Steering Committee (if 

5 the Speaker is a member of the Republican 

6 party) or the Democratic Steering and Policy 

7 Committee (if the Speaker is a member of the 

8 Democratic party). 

9 (D) The Republican Policy Committee (if 

10 the Speaker is a member of the Republican 

11 party). 

12 (E) Training and program development— 

13 majority (as described under the heading 

14 ‘‘House leadership offices’’ in the most recent 

15 bill making appropriations for the legislative 

16 branch that was enacted prior to the date of the 

17 enactment of this Act). 

18 (F) Cloakroom personnel—majority (as so 

19 described). 

20 (b) AUTHORITY OF MINORITY LEADER.— 

21 (1) AUTHORITY DESCRIBED.—Notwithstanding 

22 any other provision of law (including any provision 

23 of law that sets forth an allowance for official ex24 penses), the amount appropriated or otherwise made 

25 available during a Congress for the salaries and exmstockstill on DSK4VPTVN1PROD with BILLS

838 

•HR 3671 IH

1 penses of any office or authority described in para2 graph (2) shall be the amount allocated for such of3 fice or authority by the Minority Leader of the 

4 House of Representatives from the aggregate 

5 amount appropriated or otherwise made available for 

6 all such offices and authorities. 

7 (2) OFFICES AND AUTHORITIES DESCRIBED.— 

8 The offices and authorities described in this para9 graph are as follows: 

10 (A) The Office of the Minority Leader. 

11 (B) The Democratic Steering and Policy 

12 Committee (if the Minority Leader is a member 

13 of the Democratic party) or the Republican 

14 Steering Committee (if the Minority Leader is 

15 a member of the Republican party). 

16 (C) The Republican Policy Committee (if 

17 the Minority Leader is a member of the Repub18 lican party). 

19 (D) Training and program development— 

20 minority (as described under the heading 

21 ‘‘House leadership offices’’ in the most recent 

22 bill making appropriations for the legislative 

23 branch that was enacted prior to the date of the 

24 enactment of this Act). 

mstockstill on DSK4VPTVN1PROD with BILLS

839 

•HR 3671 IH

1 (E) Cloakroom personnel—minority (as so 

2 described). 

3 (F) Nine minority employees (as so de4 scribed). 

5 (c) EFFECTIVE DATE.—This section shall apply with 

6 respect to any months occurring during the One Hundred 

7 Twelfth Congress that begin after the date of the enact8 ment of this Act, and to any succeeding Congress. 

9 REPUBLICAN CONFERENCE AND THE DEMOCRATIC

10 STEERING AND POLICY COMMITTEE

11 SEC. 104. (a) Section 103(b) of the Legislative 

12 Branch Appropriations Act, 1999 (2 U.S.C. 74a–8(b)) is 

13 amended— 

14 (1) in the matter preceding paragraph (1), by 

15 striking ‘‘Subject to the allocation described in sub16 section (c), funds’’ and inserting ‘‘Funds’’; 

17 (2) in paragraph (1), by striking ‘‘direct;’’ and 

18 inserting the following: ‘‘direct (or, if the Speaker is 

19 not a member of the Republican Party, under such 

20 terms and conditions as the Minority Leader of the 

21 House of Representatives may direct);’’; and 

22 (3) in paragraph (2), by striking ‘‘direct.’’ and 

23 inserting the following: ‘‘direct (or, if the Speaker is 

24 a member of the Democratic Party, under such 

25 terms and conditions as the Speaker may direct).’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

840 

•HR 3671 IH

1 (b) Section 103 of such Act (2 U.S.C. 74a–8(c)) is 

2 amended— 

3 (1) by striking subsection (c); and 

4 (2) by redesignating subsection (d) as sub5 section (c). 

6 (c) The amendments made by this section shall take 

7 effect as if included in the enactment of the Legislative 

8 Branch Appropriations Act, 1999. 

9 TRANSFER OF HOUSE EMERGENCY PLANNING, PRE10 PAREDNESS, AND OPERATIONS FUNCTIONS TO SER11 GEANT AT ARMS

12 SEC. 105. Effective February 1, 2010— 

13 (1) section 905 of the Emergency Supplemental 

14 Act, 2002 (2 U.S.C. 130i) is repealed; and 

15 (2) the functions and responsibilities of the Of16 fice of Emergency Planning, Preparedness and Op17 erations under section 905 of such Act are trans18 ferred and assigned to the Sergeant at Arms of the 

19 House of Representatives. 

20 JOINT ITEMS 

21 For Joint Committees, as follows: 

22 JOINT ECONOMIC COMMITTEE

23 For salaries and expenses of the Joint Economic 

24 Committee, $4,203,000, to be disbursed by the Secretary 

25 of the Senate. 

mstockstill on DSK4VPTVN1PROD with BILLS

841 

•HR 3671 IH

1 JOINT CONGRESSIONAL COMMITTEE ON INAUGURAL

2 CEREMONIES OF 2013 

3 For salaries and expenses associated with conducting 

4 the inaugural ceremonies of the President and Vice Presi5 dent of the United States, January 20, 2013, in accord6 ance with such program as may be adopted by the joint 

7 congressional committee authorized to conduct the inau8 gural ceremonies of 2013, $1,237,000 to be disbursed by 

9 the Secretary of the Senate and to remain available until 

10 September 30, 2013. Funds made available under this 

11 heading shall be available for payment, on a direct or re12 imbursable basis, whether incurred on, before, or after, 

13 October 1, 2012: Provided, That the compensation of any 

14 employee of the Committee on Rules and Administration 

15 of the Senate who has been designated to perform service 

16 with respect to the inaugural ceremonies of 2013 shall 

17 continue to be paid by the Committee on Rules and Ad18 ministration, but the account from which such staff mem19 ber is paid may be reimbursed for the services of the staff 

20 member (including agency contributions when appro21 priate) out of funds made available under this heading. 

22 JOINT COMMITTEE ON TAXATION

23 For salaries and expenses of the Joint Committee on 

24 Taxation, $10,004,000, to be disbursed by the Chief Ad25 ministrative Officer of the House of Representatives. 

mstockstill on DSK4VPTVN1PROD with BILLS

842 

•HR 3671 IH

1 For other joint items, as follows: 

2 OFFICE OF THE ATTENDING PHYSICIAN

3 For medical supplies, equipment, and contingent ex4 penses of the emergency rooms, and for the Attending 

5 Physician and his assistants, including: (1) an allowance 

6 of $2,175 per month to the Attending Physician; (2) an 

7 allowance of $1,300 per month to the Senior Medical Offi8 cer; (3) an allowance of $725 per month each to three 

9 medical officers while on duty in the Office of the Attend10 ing Physician; (4) an allowance of $725 per month to 2 

11 assistants and $580 per month each not to exceed 11 as12 sistants on the basis heretofore provided for such assist13 ants; and (5) $2,427,000 for reimbursement to the De14 partment of the Navy for expenses incurred for staff and 

15 equipment assigned to the Office of the Attending Physi16 cian, which shall be advanced and credited to the applica17 ble appropriation or appropriations from which such sala18 ries, allowances, and other expenses are payable and shall 

19 be available for all the purposes thereof, $3,400,000, to 

20 be disbursed by the Chief Administrative Officer of the 

21 House of Representatives. 

mstockstill on DSK4VPTVN1PROD with BILLS

843 

•HR 3671 IH

1 OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES

2 SALARIES AND EXPENSES

3 For salaries and expenses of the Office of Congres4 sional Accessibility Services, $1,363,000, to be disbursed 

5 by the Secretary of the Senate. 

6 ADMINISTRATIVE PROVISION

7 SEC. 1001. (a) IN GENERAL.—Section 102(a) of the 

8 Legislative Branch Appropriations Act, 2002 (2 U.S.C. 

9 60c–5(a)) is amended— 

10 (1) in paragraph (1), by inserting ‘‘, except as 

11 provided under subsection (b)(3)’’ after ‘‘means an 

12 individual’’; and 

13 (2) by striking paragraphs (2) and (3) and in14 serting the following: 

15 ‘‘(2) EMPLOYEE OF THE SENATE.—The term 

16 ‘employee of the Senate’— 

17 ‘‘(A) has the meaning given the term 

18 under section 101 of the Congressional Ac19 countability Act of 1995 (2 U.S.C. 1301); and 

20 ‘‘(B) includes any employee of the Office of 

21 Congressional Accessibility Services whose pay 

22 is disbursed by the Secretary of the Senate. 

23 ‘‘(3) EMPLOYING OFFICE.—The term ‘employ24 ing office’— 

mstockstill on DSK4VPTVN1PROD with BILLS

844 

•HR 3671 IH

1 ‘‘(A) means the employing office, as de2 fined under section 101 of the Congressional 

3 Accountability Act of 1995 (2 U.S.C. 1301), of 

4 an employee of the Senate; and 

5 ‘‘(B) includes the Office of Congressional 

6 Accessibility Services with respect to employees 

7 of that office whose pay is disbursed by the 

8 Secretary of the Senate.’’. 

9 (b) EXCLUSION FROM PARTICIPATION IN DUAL PRO10 GRAMS.—Section 102(b) of the Legislative Branch Appro11 priations Act, 2002 (2 U.S.C. 60c–5(b)) is amended by 

12 adding at the end the following: 

13 ‘‘(3) EXCLUSION FROM PARTICIPATION IN DUAL

14 PROGRAMS.—Notwithstanding section 5379 of title 

15 5, United States Code, an employee of the Office of 

16 Congressional Accessibility Services may not partici17 pate in the student loan repayment program through 

18 an agreement under that section and participate in 

19 the student loan repayment program through a serv20 ice agreement under this section at the same time.’’. 

21 (c) EFFECTIVE DATE AND APPLICATION.—The 

22 amendments made by this section shall take effect on the 

23 date of enactment of this Act and apply to service agree24 ments entered into under section 102 of the Legislative 

25 Branch Appropriations Act, 2002 (2 U.S.C. 60c–5) or secmstockstill on DSK4VPTVN1PROD with BILLS

845 

•HR 3671 IH

1 tion 5379 of title 5, United States Code, on or after that 

2 date. 

3 CAPITOL POLICE 

4 SALARIES

5 For salaries of employees of the Capitol Police, in6 cluding overtime, hazardous duty pay differential, and 

7 Government contributions for health, retirement, social se8 curity, professional liability insurance, and other applica9 ble employee benefits, $277,133,000, to be disbursed by 

10 the Chief of the Capitol Police or his designee. 

11 GENERAL EXPENSES

12 For necessary expenses of the Capitol Police, includ13 ing motor vehicles, communications and other equipment, 

14 security equipment and installation, uniforms, weapons, 

15 supplies, materials, training, medical services, forensic 

16 services, stenographic services, personal and professional 

17 services, the employee assistance program, the awards pro18 gram, postage, communication services, travel advances, 

19 relocation of instructor and liaison personnel for the Fed20 eral Law Enforcement Training Center, and not more 

21 than $5,000 to be expended on the certification of the 

22 Chief of the Capitol Police in connection with official rep23 resentation and reception expenses, $63,004,000, of which 

24 $2,400,000 shall remain available until September 30, 

25 2014, to be disbursed by the Chief of the Capitol Police 

mstockstill on DSK4VPTVN1PROD with BILLS

846 

•HR 3671 IH

1 or his designee: Provided, That, notwithstanding any other 

2 provision of law, the cost of basic training for the Capitol 

3 Police at the Federal Law Enforcement Training Center 

4 for fiscal year 2012 shall be paid by the Secretary of 

5 Homeland Security from funds available to the Depart6 ment of Homeland Security. 

7 ADMINISTRATIVE PROVISIONS

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 1101. Amounts appropriated for fiscal year 

10 2012 for the Capitol Police may be transferred between 

11 the headings ‘‘Salaries’’ and ‘‘General expenses’’ upon the 

12 approval of the Committees on Appropriations of the 

13 House of Representatives and the Senate. 

14 WAIVER BY CHIEF OF CAPITOL POLICE OF CLAIMS ARIS15 ING OUT OF ERRONEOUS PAYMENTS TO OFFICERS

16 AND EMPLOYEES

17 SEC. 1102. (a) WAIVER OF CLAIM.—Subject to the 

18 joint approval of the Chief Administrative Officer of the 

19 House of Representatives and the Secretary of the Senate, 

20 the Chief of the United States Capitol Police may waive 

21 in whole or in part a claim of the United States against 

22 a person arising out of an erroneous payment of any pay 

23 or allowances, other than travel and transportation ex24 penses and allowances, to an officer, member, or employee 

25 of the United States Capitol Police, if the collection of the 

mstockstill on DSK4VPTVN1PROD with BILLS

847 

•HR 3671 IH

1 claim would be against equity and good conscience and 

2 not in the best interests of the United States. 

3 (b) INVESTIGATION OF APPLICATION; REPORT.—The 

4 Chief shall investigate each application for the waiver of 

5 a claim under subsection (a) and shall submit a written 

6 report of the investigation, including a description of the 

7 facts and circumstances of the claim, to the Chief Admin8 istrative Officer of the House of Representatives and the 

9 Secretary of the Senate, except that if the aggregate 

10 amount of the claim involved exceeds $1,500, the Comp11 troller General may also investigate the application and 

12 submit a written report of the investigation, including a 

13 description of the facts and circumstances of the claim, 

14 to the Chief Administrative Officer of the House of Rep15 resentatives and the Secretary of the Senate. 

16 (c) PROHIBITION OF WAIVER UNDER CERTAIN CIR17 CUMSTANCES.—The Chief may not exercise the authority 

18 to waive a claim under subsection (a) if— 

19 (1) in the Chief’s opinion, there exists in con20 nection with the claim an indication of fraud, mis21 representation, fault, or lack of good faith on the 

22 part of the officer, member, or employee involved or 

23 of any other person having an interest in obtaining 

24 a waiver of the claim; or 

mstockstill on DSK4VPTVN1PROD with BILLS

848 

•HR 3671 IH

1 (2) the Chief receives the application for the 

2 waiver after the expiration of the 3-year period that 

3 begins on the date on which the erroneous payment 

4 of pay or allowances was discovered. 

5 (d) CREDIT FOR WAIVER.—In the audit and settle6 ment of accounts of any accountable officer or official, full 

7 credit shall be given for any amounts with respect to which 

8 collection by the United States is waived under subsection 

9 (a). 

10 (e) EFFECT OF WAIVER.—An erroneous payment, 

11 the collection of which is waived under subsection (a), is 

12 deemed a valid payment for all purposes. 

13 (f) CONSTRUCTION WITH OTHER LAWS.—This sec14 tion does not affect any authority under any other law 

15 to litigate, settle, compromise, or waive any claim of the 

16 United States. 

17 (g) RULES AND REGULATIONS.—Subject to the ap18 proval of the Chief Administrative Officer of the House 

19 of Representatives and the Secretary of the Senate, the 

20 Chief shall promulgate rules and regulations to carry out 

21 this section. 

22 (h) EFFECTIVE DATE.—This section shall apply with 

23 respect to payments of pay and allowances made at any 

24 time after the Chief became the disbursing officer for the 

25 United States Capitol Police pursuant to section 1018(a) 

mstockstill on DSK4VPTVN1PROD with BILLS

849 

•HR 3671 IH

1 of the Legislative Branch Appropriations Act, 2003 (2 

2 U.S.C. 1907(a)). 

3 OFFICE OF COMPLIANCE 

4 SALARIES AND EXPENSES

5 For salaries and expenses of the Office of Compli6 ance, as authorized by section 305 of the Congressional 

7 Accountability Act of 1995 (2 U.S.C. 1385), $3,817,000, 

8 of which $700,000 shall remain available until September 

9 30, 2013: Provided, That not more than $500 may be ex10 pended on the certification of the Executive Director of 

11 the Office of Compliance in connection with official rep12 resentation and reception expenses. 

13 CONGRESSIONAL BUDGET OFFICE 

14 SALARIES AND EXPENSES

15 For salaries and expenses necessary for operation of 

16 the Congressional Budget Office, including not more than 

17 $6,000 to be expended on the certification of the Director 

18 of the Congressional Budget Office in connection with offi19 cial representation and reception expenses, $43,787,000. 

20 ARCHITECT OF THE CAPITOL 

21 GENERAL ADMINISTRATION

22 For salaries for the Architect of the Capitol, and 

23 other personal services, at rates of pay provided by law; 

24 for surveys and studies in connection with activities under 

25 the care of the Architect of the Capitol; for all necessary 

mstockstill on DSK4VPTVN1PROD with BILLS

850 

•HR 3671 IH

1 expenses for the general and administrative support of the 

2 operations under the Architect of the Capitol including the 

3 Botanic Garden; electrical substations of the Capitol, Sen4 ate and House office buildings, and other facilities under 

5 the jurisdiction of the Architect of the Capitol; including 

6 furnishings and office equipment; including not more than 

7 $5,000 for official reception and representation expenses, 

8 to be expended as the Architect of the Capitol may ap9 prove; for purchase or exchange, maintenance, and oper10 ation of a passenger motor vehicle, $101,340,000, of 

11 which $3,749,000 shall remain available until September 

12 30, 2016. 

13 CAPITOL BUILDING

14 For all necessary expenses for the maintenance, care 

15 and operation of the Capitol, $36,154,000, of which 

16 $11,063,000 shall remain available until September 30, 

17 2016. 

18 CAPITOL GROUNDS

19 For all necessary expenses for care and improvement 

20 of grounds surrounding the Capitol, the Senate and House 

21 office buildings, and the Capitol Power Plant, $9,852,000. 

22 SENATE OFFICE BUILDINGS

23 For all necessary expenses for the maintenance, care 

24 and operation of Senate office buildings; and furniture and 

25 furnishings to be expended under the control and supermstockstill on DSK4VPTVN1PROD with BILLS

851 

•HR 3671 IH

1 vision of the Architect of the Capitol, $71,128,000, of 

2 which $13,128,000 shall remain available until September 

3 30, 2016. 

4 HOUSE OFFICE BUILDINGS

5 For all necessary expenses for the maintenance, care 

6 and operation of the House office buildings, $94,154,000, 

7 of which $45,631,000 shall remain available until Sep8 tember 30, 2016. 

9 In addition, for a payment to the House Historic 

10 Buildings Revitalization Trust Fund, $30,000,000, shall 

11 remain available until expended. 

12 CAPITOL POWER PLANT

13 For all necessary expenses for the maintenance, care 

14 and operation of the Capitol Power Plant; lighting, heat15 ing, power (including the purchase of electrical energy) 

16 and water and sewer services for the Capitol, Senate and 

17 House office buildings, Library of Congress buildings, and 

18 the grounds about the same, Botanic Garden, Senate ga19 rage, and air conditioning refrigeration not supplied from 

20 plants in any of such buildings; heating the Government 

21 Printing Office and Washington City Post Office, and 

22 heating and chilled water for air conditioning for the Su23 preme Court Building, the Union Station complex, the 

24 Thurgood Marshall Federal Judiciary Building and the 

25 Folger Shakespeare Library, expenses for which shall be 

mstockstill on DSK4VPTVN1PROD with BILLS

852 

•HR 3671 IH

1 advanced or reimbursed upon request of the Architect of 

2 the Capitol and amounts so received shall be deposited 

3 into the Treasury to the credit of this appropriation, 

4 $123,229,000, of which $37,617,000 shall remain avail5 able until September 30, 2016: Provided, That not more 

6 than $9,000,000 of the funds credited or to be reimbursed 

7 to this appropriation as herein provided shall be available 

8 for obligation during fiscal year 2012. 

9 LIBRARY BUILDINGS AND GROUNDS

10 For all necessary expenses for the mechanical and 

11 structural maintenance, care and operation of the Library 

12 buildings and grounds, $46,876,000, of which 

13 $21,116,000 shall remain available until September 30, 

14 2016. 

15 CAPITOL POLICE BUILDINGS, GROUNDS AND SECURITY

16 For all necessary expenses for the maintenance, care 

17 and operation of buildings, grounds and security enhance18 ments of the United States Capitol Police, wherever lo19 cated, the Alternate Computer Facility, and AOC security 

20 operations, $21,500,000, of which $3,473,000 shall re21 main available until September 30, 2016. 

22 BOTANIC GARDEN

23 For all necessary expenses for the maintenance, care 

24 and operation of the Botanic Garden and the nurseries, 

25 buildings, grounds, and collections; and purchase and exmstockstill on DSK4VPTVN1PROD with BILLS

853 

•HR 3671 IH

1 change, maintenance, repair, and operation of a passenger 

2 motor vehicle; all under the direction of the Joint Com3 mittee on the Library, $12,000,000: Provided, That of the 

4 amount made available under this heading, the Architect 

5 of the Capitol may obligate and expend such sums as may 

6 be necessary for the maintenance, care and operation of 

7 the National Garden established under section 307E of 

8 the Legislative Branch Appropriations Act, 1989 (2 

9 U.S.C. 2146), upon vouchers approved by the Architect 

10 of the Capitol or a duly authorized designee. 

11 CAPITOL VISITOR CENTER

12 For all necessary expenses for the operation of the 

13 Capitol Visitor Center, $21,276,000. 

14 ADMINISTRATIVE PROVISIONS

15 (INCLUDING TRANSFER OF FUNDS)

16 USE OF CONSTRUCTION PROJECT FUNDS TO REIMBURSE

17 CAPITOL POLICE FOR RELATED OVERTIME COSTS

18 SEC. 1201. (a) PAYMENT OF OVERTIME COSTS.— 

19 The Architect of the Capitol shall transfer amounts made 

20 available for construction projects during a fiscal year to 

21 the applicable appropriations accounts of the United 

22 States Capitol Police in order to reimburse the Capitol Po23 lice for overtime costs incurred in connection with such 

24 projects. 

mstockstill on DSK4VPTVN1PROD with BILLS

854 

•HR 3671 IH

1 (b) EFFECTIVE DATE.—This section shall apply with 

2 respect to fiscal year 2013 and each succeeding fiscal year. 

3 TRANSFER TO ARCHITECT OF THE CAPITOL

4 SEC. 1202. (a) TRANSFER.—To the extent that the 

5 Director of the National Park Service has jurisdiction and 

6 control over any portion of the area described in sub7 section (b) and any monument or other facility which is 

8 located within such area, such jurisdiction and control is 

9 hereby transferred to the Architect of the Capitol as of 

10 the date of the enactment of this Act. 

11 (b) AREA DESCRIBED.—The area described in this 

12 subsection is the property which is bounded on the north 

13 by Pennsylvania Avenue Northwest, on the east by First 

14 Street Northwest and First Street Southwest, on the 

15 south by Maryland Avenue Southwest, and on the west 

16 by Third Street Southwest and Third Street Northwest. 

17 LIBRARY OF CONGRESS 

18 SALARIES AND EXPENSES

19 For necessary expenses of the Library of Congress 

20 not otherwise provided for, including development and 

21 maintenance of the Library’s catalogs; custody and custo22 dial care of the Library buildings; special clothing; clean23 ing, laundering and repair of uniforms; preservation of 

24 motion pictures in the custody of the Library; operation 

25 and maintenance of the American Folklife Center in the 

26 Library; activities under the Civil Rights History Project 

mstockstill on DSK4VPTVN1PROD with BILLS

855 

•HR 3671 IH

1 Act of 2009; preparation and distribution of catalog 

2 records and other publications of the Library; hire or pur3 chase of one passenger motor vehicle; and expenses of the 

4 Library of Congress Trust Fund Board not properly 

5 chargeable to the income of any trust fund held by the 

6 Board, $420,093,000, of which not more than $6,000,000 

7 shall be derived from collections credited to this appropria8 tion during fiscal year 2012, and shall remain available 

9 until expended, under the Act of June 28, 1902 (chapter 

10 1301; 32 Stat. 480; 2 U.S.C. 150) and not more than 

11 $350,000 shall be derived from collections during fiscal 

12 year 2012 and shall remain available until expended for 

13 the development and maintenance of an international legal 

14 information database and activities related thereto: Pro15 vided, That the Library of Congress may not obligate or 

16 expend any funds derived from collections under the Act 

17 of June 28, 1902, in excess of the amount authorized for 

18 obligation or expenditure in appropriations Acts: Provided 

19 further, That the total amount available for obligation 

20 shall be reduced by the amount by which collections are 

21 less than $6,350,000: Provided further, That of the total 

22 amount appropriated, not more than $12,000 may be ex23 pended, on the certification of the Librarian of Congress, 

24 in connection with official representation and reception ex25 penses for the Overseas Field Offices: Provided further, 

mstockstill on DSK4VPTVN1PROD with BILLS

856 

•HR 3671 IH

1 That of the total amount appropriated, $6,959,000 shall 

2 remain available until expended for the digital collections 

3 and educational curricula program. 

4 COPYRIGHT OFFICE

5 SALARIES AND EXPENSES

6 For all necessary expenses of the Copyright Office, 

7 $51,650,000, of which not more than $28,029,000, to re8 main available until expended, shall be derived from collec9 tions credited to this appropriation during fiscal year 2012 

10 under section 708(d) of title 17, United States Code: Pro11 vided, That not more than $2,000,000 shall be derived 

12 from prior year available unobligated balances: Provided 

13 further, That the Copyright Office may not obligate or ex14 pend any funds derived from collections under such sec15 tion, in excess of the amount authorized for obligation or 

16 expenditure in appropriations Acts: Provided further, That 

17 not more than $5,484,000 shall be derived from collections 

18 during fiscal year 2012 under sections 111(d)(2), 

19 119(b)(2), 803(e), 1005, and 1316 of such title: Provided 

20 further, That the total amount available for obligation 

21 shall be reduced by the amount by which collections and 

22 prior year available unobligated balances are less than 

23 $35,513,000: Provided further, That not more than 

24 $100,000 of the amount appropriated is available for the 

25 maintenance of an ‘‘International Copyright Institute’’ in 

mstockstill on DSK4VPTVN1PROD with BILLS

857 

•HR 3671 IH

1 the Copyright Office of the Library of Congress for the 

2 purpose of training nationals of developing countries in 

3 intellectual property laws and policies: Provided further, 

4 That not more than $4,250 may be expended, on the cer5 tification of the Librarian of Congress, in connection with 

6 official representation and reception expenses for activities 

7 of the International Copyright Institute and for copyright 

8 delegations, visitors, and seminars: Provided further, That 

9 notwithstanding any provision of chapter 8 of title 17, 

10 United States Code, any amounts made available under 

11 this heading which are attributable to royalty fees and 

12 payments received by the Copyright Office pursuant to 

13 sections 111, 119, and chapter 10 of such title may be 

14 used for the costs incurred in the administration of the 

15 Copyright Royalty Judges program, with the exception of 

16 the costs of salaries and benefits for the Copyright Royalty 

17 Judges and staff under section 802(e). 

18 CONGRESSIONAL RESEARCH SERVICE

19 SALARIES AND EXPENSES

20 For all necessary expenses to carry out the provisions 

21 of section 203 of the Legislative Reorganization Act of 

22 1946 (2 U.S.C. 166) and to revise and extend the Anno23 tated Constitution of the United States of America, 

24 $106,790,000: Provided, That no part of such amount 

25 may be used to pay any salary or expense in connection 

mstockstill on DSK4VPTVN1PROD with BILLS

858 

•HR 3671 IH

1 with any publication, or preparation of material therefor 

2 (except the Digest of Public General Bills), to be issued 

3 by the Library of Congress unless such publication has 

4 obtained prior approval of either the Committee on House 

5 Administration of the House of Representatives or the 

6 Committee on Rules and Administration of the Senate. 

7 BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

8 SALARIES AND EXPENSES

9 For salaries and expenses to carry out the Act of 

10 March 3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 

11 135a), $50,674,000: Provided, That of the total amount 

12 appropriated, $650,000 shall be available to contract to 

13 provide newspapers to blind and physically handicapped 

14 residents at no cost to the individual. 

15 ADMINISTRATIVE PROVISIONS

16 REIMBURSABLE AND REVOLVING FUND ACTIVITIES

17 SEC. 1301. (a) IN GENERAL.—For fiscal year 2012, 

18 the obligational authority of the Library of Congress for 

19 the activities described in subsection (b) may not exceed 

20 $169,725,000. 

21 (b) ACTIVITIES.—The activities referred to in sub22 section (a) are reimbursable and revolving fund activities 

23 that are funded from sources other than appropriations 

24 to the Library in appropriations Acts for the legislative 

25 branch. 

mstockstill on DSK4VPTVN1PROD with BILLS

859 

•HR 3671 IH

1 (c) TRANSFER OF FUNDS.—During fiscal year 2012, 

2 the Librarian of Congress may temporarily transfer funds 

3 appropriated in this Act, under the heading ‘‘Library of 

4 Congress’’, under the subheading ‘‘Salaries and Ex5 penses’’, to the revolving fund for the FEDLINK Program 

6 and the Federal Research Program established under sec7 tion 103 of the Library of Congress Fiscal Operations Im8 provement Act of 2000 (Public Law 106–481; 2 U.S.C. 

9 182c): Provided, That the total amount of such transfers 

10 may not exceed $1,900,000: Provided further, That the ap11 propriate revolving fund account shall reimburse the Li12 brary for any amounts transferred to it before the period 

13 of availability of the Library appropriation expires. 

14 TRANSFER AUTHORITY

15 SEC. 1302. (a) IN GENERAL.—Amounts appropriated 

16 for fiscal year 2012 for the Library of Congress may be 

17 transferred during fiscal year 2012 between any of the 

18 headings under the heading ‘‘Library of Congress’’ upon 

19 the approval of the Committees on Appropriations of the 

20 House of Representatives and the Senate. 

21 (b) LIMITATION.—Not more than 10 percent of the 

22 total amount of funds appropriated to the account under 

23 any heading under the heading ‘‘Library of Congress’’ for 

24 fiscal year 2012 may be transferred from that account by 

25 all transfers made under subsection (a). 

mstockstill on DSK4VPTVN1PROD with BILLS

860 

•HR 3671 IH

1 FUNDS AVAILABLE FOR WORKERS COMPENSATION

2 PAYMENTS

3 SEC. 1303. (a) IN GENERAL.—Available balances of 

4 expired Library of Congress appropriations shall be avail5 able to the Library of Congress to make the deposit to 

6 the credit of the Employees’ Compensation Fund required 

7 by subsection 8147(b) of title 5, United States Code. 

8 (b) EFFECTIVE DATE.—This section shall apply with 

9 respect to appropriations for fiscal year 2012 and each 

10 fiscal year thereafter. 

11 PERMITTING USE OF PROCEEDS FROM DISPOSITION OF

12 SURPLUS OR OBSOLETE PERSONAL PROPERTY

13 SEC. 1304. (a) DISPOSITION OF PROPERTY.—Within 

14 the limits of available appropriations, the Librarian of 

15 Congress may dispose of surplus or obsolete personal 

16 property of the Library of Congress by interagency trans17 fer, donation, sale, trade-in, or other appropriate method. 

18 (b) USE OF PROCEEDS.—Any amounts received by 

19 the Librarian of Congress from the disposition of property 

20 under subsection (a) shall be credited to the funds avail21 able for the operations of the Library of Congress, and 

22 shall be available to acquire the same or similar property 

23 during the fiscal year in which the amounts are received 

24 and the following fiscal year. 

25 (c) EFFECTIVE DATE.—This section shall apply with 

26 respect to fiscal year 2012 and each succeeding fiscal year. 

mstockstill on DSK4VPTVN1PROD with BILLS

861 

•HR 3671 IH

1 GOVERNMENT PRINTING OFFICE 

2 CONGRESSIONAL PRINTING AND BINDING

3 (INCLUDING TRANSFER OF FUNDS)

4 For authorized printing and binding for the Congress 

5 and the distribution of Congressional information in any 

6 format; printing and binding for the Architect of the Cap7 itol; expenses necessary for preparing the semimonthly 

8 and session index to the Congressional Record, as author9 ized by law (section 902 of title 44, United States Code); 

10 printing and binding of Government publications author11 ized by law to be distributed to Members of Congress; and 

12 printing, binding, and distribution of Government publica13 tions authorized by law to be distributed without charge 

14 to the recipient, $90,700,000: Provided, That this appro15 priation shall not be available for paper copies of the per16 manent edition of the Congressional Record for individual 

17 Representatives, Resident Commissioners or Delegates au18 thorized under section 906 of title 44, United States Code: 

19 Provided further, That this appropriation shall be available 

20 for the payment of obligations incurred under the appro21 priations for similar purposes for preceding fiscal years: 

22 Provided further, That notwithstanding the 2-year limita23 tion under section 718 of title 44, United States Code, 

24 none of the funds appropriated or made available under 

25 this Act or any other Act for printing and binding and 

mstockstill on DSK4VPTVN1PROD with BILLS

862 

•HR 3671 IH

1 related services provided to Congress under chapter 7 of 

2 title 44, United States Code, may be expended to print 

3 a document, report, or publication after the 27-month pe4 riod beginning on the date that such document, report, 

5 or publication is authorized by Congress to be printed, un6 less Congress reauthorizes such printing in accordance 

7 with section 718 of title 44, United States Code: Provided 

8 further, That any unobligated or unexpended balances in 

9 this account or accounts for similar purposes for preceding 

10 fiscal years may be transferred to the Government Print11 ing Office revolving fund for carrying out the purposes of 

12 this heading, subject to the approval of the Committees 

13 on Appropriations of the House of Representatives and 

14 Senate: Provided further, That notwithstanding sections 

15 901, 902, and 906 of title 44, United States Code, this 

16 appropriation may be used to prepare indexes to the Con17 gressional Record on only a monthly and session basis. 

18 OFFICE OF SUPERINTENDENT OF DOCUMENTS

19 SALARIES AND EXPENSES

20 (INCLUDING TRANSFER OF FUNDS)

21 For expenses of the Office of Superintendent of Doc22 uments necessary to provide for the cataloging and index23 ing of Government publications and their distribution to 

24 the public, Members of Congress, other Government agen25 cies, and designated depository and international exchange 

mstockstill on DSK4VPTVN1PROD with BILLS

863 

•HR 3671 IH

1 libraries as authorized by law, $35,000,000: Provided, 

2 That amounts of not more than $2,000,000 from current 

3 year appropriations are authorized for producing and dis4 seminating congressional serial sets and other related pub5 lications for fiscal years 2010 and 2011 to depository and 

6 other designated libraries: Provided further, That any un7 obligated or unexpended balances in this account or ac8 counts for similar purposes for preceding fiscal years may 

9 be transferred to the Government Printing Office revolv10 ing fund for carrying out the purposes of this heading, 

11 subject to the approval of the Committees on Appropria12 tions of the House of Representatives and Senate. 

13 GOVERNMENT PRINTING OFFICE REVOLVING FUND

14 For payment to the Government Printing Office Re15 volving Fund, $500,000 for information technology devel16 opment: Provided, That the Government Printing Office 

17 is hereby authorized to make such expenditures, within the 

18 limits of funds available and in accordance with law, and 

19 to make such contracts and commitments without regard 

20 to fiscal year limitations as provided by section 9104 of 

21 title 31, United States Code, as may be necessary in car22 rying out the programs and purposes set forth in the 

23 budget for the current fiscal year for the Government 

24 Printing Office revolving fund: Provided further, That not 

25 more than $7,500 may be expended on the certification 

mstockstill on DSK4VPTVN1PROD with BILLS

864 

•HR 3671 IH

1 of the Public Printer in connection with official represen2 tation and reception expenses: Provided further, That the 

3 revolving fund shall be available for the hire or purchase 

4 of not more than 12 passenger motor vehicles: Provided 

5 further, That expenditures in connection with travel ex6 penses of the advisory councils to the Public Printer shall 

7 be deemed necessary to carry out the provisions of title 

8 44, United States Code: Provided further, That the revolv9 ing fund shall be available for temporary or intermittent 

10 services under section 3109(b) of title 5, United States 

11 Code, but at rates for individuals not more than the daily 

12 equivalent of the annual rate of basic pay for level V of 

13 the Executive Schedule under section 5316 of such title: 

14 Provided further, That activities financed through the re15 volving fund may provide information in any format: Pro16 vided further, That the revolving fund and the funds pro17 vided under the headings ‘‘Office of Superintendent of 

18 Documents’’ and ‘‘Salaries and Expenses’’ may not be 

19 used for contracted security services at GPO’s passport 

20 facility in the District of Columbia. 

21 GOVERNMENT ACCOUNTABILITY OFFICE 

22 SALARIES AND EXPENSES

23 For necessary expenses of the Government Account24 ability Office, including not more than $12,500 to be ex25 pended on the certification of the Comptroller General of 

mstockstill on DSK4VPTVN1PROD with BILLS

865 

•HR 3671 IH

1 the United States in connection with official representa2 tion and reception expenses; temporary or intermittent 

3 services under section 3109(b) of title 5, United States 

4 Code, but at rates for individuals not more than the daily 

5 equivalent of the annual rate of basic pay for level IV of 

6 the Executive Schedule under section 5315 of such title; 

7 hire of one passenger motor vehicle; advance payments in 

8 foreign countries in accordance with section 3324 of title 

9 31, United States Code; benefits comparable to those pay10 able under sections 901(5), (6), and (8) of the Foreign 

11 Service Act of 1980 (22 U.S.C. 4081(5), (6), and (8)); 

12 and under regulations prescribed by the Comptroller Gen13 eral of the United States, rental of living quarters in for14 eign countries, $511,296,000: Provided, That, in addition, 

15 $22,304,000 of payments received under sections 782, 

16 3521, and 9105 of title 31, United States Code, shall be 

17 available without fiscal year limitation: Provided further, 

18 That this appropriation and appropriations for adminis19 trative expenses of any other department or agency which 

20 is a member of the National Intergovernmental Audit 

21 Forum or a Regional Intergovernmental Audit Forum 

22 shall be available to finance an appropriate share of either 

23 Forum’s costs as determined by the respective Forum, in24 cluding necessary travel expenses of non-Federal partici25 pants: Provided further, That payments hereunder to the 

mstockstill on DSK4VPTVN1PROD with BILLS

866 

•HR 3671 IH

1 Forum may be credited as reimbursements to any appro2 priation from which costs involved are initially financed. 

3 ADMINISTRATIVE PROVISION

4 SEC. 1401. (a) Section 210 of the Legislative Branch 

5 Appropriations Act, 2005 (2 U.S.C. 60q) is amended— 

6 (1) by striking subsection (d); and 

7 (2) in subsection (f)(2)(A), by striking ‘‘United 

8 States Code’’ and inserting ‘‘United States Code, 

9 but excluding the Government Accountability Of10 fice’’. 

11 (b) Section 3521(1) of title 5, United States Code, 

12 is amended by striking ‘‘section 105’’ and inserting ‘‘sec13 tion 105 (other than the Government Accountability Of14 fice)’’. 

15 (c) The amendments made by this section shall apply 

16 with respect to voluntary separation incentive payments 

17 made during fiscal year 2012 or any succeeding fiscal 

18 year. 

19 OPEN WORLD LEADERSHIP CENTER TRUST 

20 FUND 

21 For a payment to the Open World Leadership Center 

22 Trust Fund for financing activities of the Open World 

23 Leadership Center under section 313 of the Legislative 

24 Branch Appropriations Act, 2001 (2 U.S.C. 1151), 

25 $10,000,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

867 

•HR 3671 IH

1 JOHN C. STENNIS CENTER FOR PUBLIC 

2 SERVICE TRAINING AND DEVELOPMENT 

3 For payment to the John C. Stennis Center for Pub4 lic Service Development Trust Fund established under 

5 section 116 of the John C. Stennis Center for Public Serv6 ice Training and Development Act (2 U.S.C. 1105), 

7 $430,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

868 

•HR 3671 IH

1 TITLE II—GENERAL PROVISIONS 

2

3 MAINTENANCE AND CARE OF PRIVATE VEHICLES

4 SEC. 201. No part of the funds appropriated in this 

5 Act shall be used for the maintenance or care of private 

6 vehicles, except for emergency assistance and cleaning as 

7 may be provided under regulations relating to parking fa8 cilities for the House of Representatives issued by the 

9 Committee on House Administration and for the Senate 

10 issued by the Committee on Rules and Administration. 

11 FISCAL YEAR LIMITATION

12 SEC. 202. No part of the funds appropriated in this 

13 Act shall remain available for obligation beyond fiscal year 

14 2012 unless expressly so provided in this Act. 

15 RATES OF COMPENSATION AND DESIGNATION

16 SEC. 203. Whenever in this Act any office or position 

17 not specifically established by the Legislative Pay Act of 

18 1929 (46 Stat. 32 et seq.) is appropriated for or the rate 

19 of compensation or designation of any office or position 

20 appropriated for is different from that specifically estab21 lished by such Act, the rate of compensation and the des22 ignation in this Act shall be the permanent law with re23 spect thereto: Provided, That the provisions in this Act 

24 for the various items of official expenses of Members, offi25 cers, and committees of the Senate and House of Repmstockstill on DSK4VPTVN1PROD with BILLS

869 

•HR 3671 IH

1 resentatives, and clerk hire for Senators and Members of 

2 the House of Representatives shall be the permanent law 

3 with respect thereto. 

4 CONSULTING SERVICES

5 SEC. 204. The expenditure of any appropriation 

6 under this Act for any consulting service through procure7 ment contract, under section 3109 of title 5, United States 

8 Code, shall be limited to those contracts where such ex9 penditures are a matter of public record and available for 

10 public inspection, except where otherwise provided under 

11 existing law, or under existing Executive order issued 

12 under existing law. 

13 AWARDS AND SETTLEMENTS

14 SEC. 205. Such sums as may be necessary are appro15 priated to the account described in subsection (a) of sec16 tion 415 of the Congressional Accountability Act of 1995 

17 (2 U.S.C. 1415(a)) to pay awards and settlements as au18 thorized under such subsection. 

19 COSTS OF LBFMC

20 SEC. 206. Amounts available for administrative ex21 penses of any legislative branch entity which participates 

22 in the Legislative Branch Financial Managers Council 

23 (LBFMC) established by charter on March 26, 1996, shall 

24 be available to finance an appropriate share of LBFMC 

25 costs as determined by the LBFMC, except that the total 

mstockstill on DSK4VPTVN1PROD with BILLS

870 

•HR 3671 IH

1 LBFMC costs to be shared among all participating legisla2 tive branch entities (in such allocations among the entities 

3 as the entities may determine) may not exceed $2,000. 

4 LANDSCAPE MAINTENANCE

5 SEC. 207. The Architect of the Capitol, in consulta6 tion with the District of Columbia, is authorized to main7 tain and improve the landscape features, excluding streets, 

8 in the irregular shaped grassy areas bounded by Wash9 ington Avenue, SW, on the northeast, Second Street, SW, 

10 on the west, Square 582 on the south, and the beginning 

11 of the I–395 tunnel on the southeast. 

12 LIMITATION ON TRANSFERS

13 SEC. 208. None of the funds made available in this 

14 Act may be transferred to any department, agency, or in15 strumentality of the United States Government, except 

16 pursuant to a transfer made by, or transfer authority pro17 vided in, this Act or any other appropriation Act. 

18 GUIDED TOURS OF THE CAPITOL

19 SEC. 209. (a) Except as provided in subsection (b), 

20 none of the funds made available to the Architect of the 

21 Capitol in this Act may be used to eliminate or restrict 

22 guided tours of the United States Capitol which are led 

23 by employees and interns of offices of Members of Con24 gress and other offices of the House of Representatives 

25 and Senate. 

mstockstill on DSK4VPTVN1PROD with BILLS

871 

•HR 3671 IH

1 (b) At the direction of the Capitol Police Board, or 

2 at the direction of the Architect of the Capitol with the 

3 approval of the Capitol Police Board, guided tours of the 

4 United States Capitol which are led by employees and in5 terns described in subsection (a) may be suspended tempo6 rarily or otherwise subject to restriction for security or re7 lated reasons to the same extent as guided tours of the 

8 United States Capitol which are led by the Architect of 

9 the Capitol. 

10 SEC. 210. None of the funds made available in this 

11 Act may be used to deliver a printed copy of a bill, joint 

12 resolution, or resolution to the office of a Member of the 

13 House of Representatives (including a Delegate or Resi14 dent Commissioner to the Congress) unless the Member 

15 requests a copy. 

16 SEC. 211. None of the funds made available by this 

17 Act may be used to deliver a printed copy of any version 

18 of the Congressional Record to the office of a Member of 

19 the House of Representatives (including a Delegate or 

20 Resident Commissioner to the Congress). 

21 SEC. 212. None of the funds made available in this 

22 Act may be used by the Chief Administrative Officer of 

23 the House of Representatives to make any payments from 

24 any Members’ Representational Allowance for the leasing 

25 of a vehicle, excluding mobile district offices, in an aggremstockstill on DSK4VPTVN1PROD with BILLS

872 

•HR 3671 IH

1 gate amount that exceeds $1,000 for the vehicle in any 

2 month. 

3 This division may be cited as the ‘‘Legislative Branch 

4 Appropriations Act, 2012’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

873 

•HR 3671 IH

1 DIVISION H—MILITARY CONSTRUCTION 

2 AND VETERANS AFFAIRS AND RE3 LATED AGENCIES APPROPRIATIONS 

4 ACT, 2012 

5 TITLE I 

6 DEPARTMENT OF DEFENSE 

7 MILITARY CONSTRUCTION, ARMY

8 For acquisition, construction, installation, and equip9 ment of temporary or permanent public works, military 

10 installations, facilities, and real property for the Army as 

11 currently authorized by law, including personnel in the 

12 Army Corps of Engineers and other personal services nec13 essary for the purposes of this appropriation, and for con14 struction and operation of facilities in support of the func15 tions of the Commander in Chief, $3,006,491,000, to re16 main available until September 30, 2016: Provided, That 

17 of this amount, not to exceed $229,741,000 shall be avail18 able for study, planning, design, architect and engineer 

19 services, and host nation support, as authorized by law, 

20 unless the Secretary of Army determines that additional 

21 obligations are necessary for such purposes and notifies 

22 the Committees on Appropriations of both Houses of Con23 gress of the determination and the reasons therefor. 

mstockstill on DSK4VPTVN1PROD with BILLS

874 

•HR 3671 IH

1 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

2 For acquisition, construction, installation, and equip3 ment of temporary or permanent public works, naval in4 stallations, facilities, and real property for the Navy and 

5 Marine Corps as currently authorized by law, including 

6 personnel in the Naval Facilities Engineering Command 

7 and other personal services necessary for the purposes of 

8 this appropriation, $2,112,823,000, to remain available 

9 until September 30, 2016: Provided, That of this amount, 

10 not to exceed $84,362,000 shall be available for study, 

11 planning, design, and architect and engineer services, as 

12 authorized by law, unless the Secretary of Navy deter13 mines that additional obligations are necessary for such 

14 purposes and notifies the Committees on Appropriations 

15 of both Houses of Congress of the determination and the 

16 reasons therefor. 

17 MILITARY CONSTRUCTION, AIR FORCE

18 For acquisition, construction, installation, and equip19 ment of temporary or permanent public works, military 

20 installations, facilities, and real property for the Air Force 

21 as currently authorized by law, $1,227,058,000, to remain 

22 available until September 30, 2016: Provided, That of this 

23 amount, not to exceed $81,913,000 shall be available for 

24 study, planning, design, and architect and engineer serv25 ices, as authorized by law, unless the Secretary of Air 

mstockstill on DSK4VPTVN1PROD with BILLS

875 

•HR 3671 IH

1 Force determines that additional obligations are necessary 

2 for such purposes and notifies the Committees on Appro3 priations of both Houses of Congress of the determination 

4 and the reasons therefor. 

5 MILITARY CONSTRUCTION, DEFENSE-WIDE

6 (INCLUDING TRANSFER OF FUNDS)

7 For acquisition, construction, installation, and equip8 ment of temporary or permanent public works, installa9 tions, facilities, and real property for activities and agen10 cies of the Department of Defense (other than the military 

11 departments), as currently authorized by law, 

12 $3,431,957,000, to remain available until September 30, 

13 2016: Provided, That such amounts of this appropriation 

14 as may be determined by the Secretary of Defense may 

15 be transferred to such appropriations of the Department 

16 of Defense available for military construction or family 

17 housing as the Secretary may designate, to be merged with 

18 and to be available for the same purposes, and for the 

19 same time period, as the appropriation or fund to which 

20 transferred: Provided further, That of the amount appro21 priated, not to exceed $430,602,000 shall be available for 

22 study, planning, design, and architect and engineer serv23 ices, as authorized by law, unless the Secretary of Defense 

24 determines that additional obligations are necessary for 

25 such purposes and notifies the Committees on Appropriamstockstill on DSK4VPTVN1PROD with BILLS

876 

•HR 3671 IH

1 tions of both Houses of Congress of the determination and 

2 the reasons therefor: Provided further, That of the amount 

3 appropriated, notwithstanding any other provision of law, 

4 $24,118,000 shall be available for payments to the North 

5 Atlantic Treaty Organization for the planning, design, and 

6 construction of a new North Atlantic Treaty Organization 

7 headquarters: Provided further, That the Department of 

8 Defense shall not award a design contract to exceed the 

9 20 percent design level for the Landstuhl Regional Med10 ical Center in Germany until the Secretary of Defense: 

11 (1) provides the Committees on Appropriations of the 

12 House of Representatives and the Senate a plan for imple13 menting the recommendations of the Government Ac14 countability Office with respect to the plans, baseline data, 

15 and estimated cost of the facility; and (2) certifies in writ16 ing to the Committees that the facility is properly sized 

17 and scoped to meet current and projected healthcare re18 quirements. 

19 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

20 For construction, acquisition, expansion, rehabilita21 tion, and conversion of facilities for the training and ad22 ministration of the Army National Guard, and contribu23 tions therefor, as authorized by chapter 1803 of title 10, 

24 United States Code, and Military Construction Authoriza25 tion Acts, $773,592,000, to remain available until Sepmstockstill on DSK4VPTVN1PROD with BILLS

877 

•HR 3671 IH

1 tember 30, 2016: Provided, That of the amount appro2 priated, not to exceed $20,671,000 shall be available for 

3 study, planning, design, and architect and engineer serv4 ices, as authorized by law, unless the Director of the Army 

5 National Guard determines that additional obligations are 

6 necessary for such purposes and notifies the Committees 

7 on Appropriations of both Houses of Congress of the de8 termination and the reasons therefor. 

9 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

10 For construction, acquisition, expansion, rehabilita11 tion, and conversion of facilities for the training and ad12 ministration of the Air National Guard, and contributions 

13 therefor, as authorized by chapter 1803 of title 10, United 

14 States Code, and Military Construction Authorization 

15 Acts, $116,246,000, to remain available until September 

16 30, 2016: Provided, That of the amount appropriated, not 

17 to exceed $12,225,000 shall be available for study, plan18 ning, design, and architect and engineer services, as au19 thorized by law, unless the Director of the Air National 

20 Guard determines that additional obligations are nec21 essary for such purposes and notifies the Committees on 

22 Appropriations of both Houses of Congress of the deter23 mination and the reasons therefor. 

mstockstill on DSK4VPTVN1PROD with BILLS

878 

•HR 3671 IH

1 MILITARY CONSTRUCTION, ARMY RESERVE

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the Army Reserve as authorized by chapter 

5 1803 of title 10, United States Code, and Military Con6 struction Authorization Acts, $280,549,000, to remain 

7 available until September 30, 2016: Provided, That of the 

8 amount appropriated, not to exceed $28,924,000 shall be 

9 available for study, planning, design, and architect and en10 gineer services, as authorized by law, unless the Chief of 

11 the Army Reserve determines that additional obligations 

12 are necessary for such purposes and notifies the Commit13 tees on Appropriations of both Houses of Congress of the 

14 determination and the reasons therefor. 

15 MILITARY CONSTRUCTION, NAVY RESERVE

16 For construction, acquisition, expansion, rehabilita17 tion, and conversion of facilities for the training and ad18 ministration of the reserve components of the Navy and 

19 Marine Corps as authorized by chapter 1803 of title 10, 

20 United States Code, and Military Construction Authoriza21 tion Acts, $26,299,000, to remain available until Sep22 tember 30, 2016: Provided, That of the amount appro23 priated, not to exceed $2,591,000 shall be available for 

24 study, planning, design, and architect and engineer serv25 ices, as authorized by law, unless the Secretary of the 

mstockstill on DSK4VPTVN1PROD with BILLS

879 

•HR 3671 IH

1 Navy determines that additional obligations are necessary 

2 for such purposes and notifies the Committees on Appro3 priations of both Houses of Congress of the determination 

4 and the reasons therefor. 

5 MILITARY CONSTRUCTION, AIR FORCE RESERVE

6 For construction, acquisition, expansion, rehabilita7 tion, and conversion of facilities for the training and ad8 ministration of the Air Force Reserve as authorized by 

9 chapter 1803 of title 10, United States Code, and Military 

10 Construction Authorization Acts, $33,620,000, to remain 

11 available until September 30, 2016: Provided, That of the 

12 amount appropriated, not to exceed $2,200,000 shall be 

13 available for study, planning, design, and architect and en14 gineer services, as authorized by law, unless the Chief of 

15 the Air Force Reserve determines that additional obliga16 tions are necessary for such purposes and notifies the 

17 Committees on Appropriations of both Houses of Congress 

18 of the determination and the reasons therefor. 

19 NORTH ATLANTIC TREATY ORGANIZATION

20 SECURITY INVESTMENT PROGRAM

21 For the United States share of the cost of the North 

22 Atlantic Treaty Organization Security Investment Pro23 gram for the acquisition and construction of military fa24 cilities and installations (including international military 

25 headquarters) and for related expenses for the collective 

mstockstill on DSK4VPTVN1PROD with BILLS

880 

•HR 3671 IH

1 defense of the North Atlantic Treaty Area as authorized 

2 by section 2806 of title 10, United States Code, and Mili3 tary Construction Authorization Acts, $247,611,000, to 

4 remain available until expended. 

5 FAMILY HOUSING CONSTRUCTION, ARMY

6 For expenses of family housing for the Army for con7 struction, including acquisition, replacement, addition, ex8 pansion, extension, and alteration, as authorized by law, 

9 $176,897,000, to remain available until September 30, 

10 2016. 

11 FAMILY HOUSING OPERATION AND MAINTENANCE, 

12 ARMY

13 For expenses of family housing for the Army for op14 eration and maintenance, including debt payment, leasing, 

15 minor construction, principal and interest charges, and in16 surance premiums, as authorized by law, $493,458,000. 

17 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

18 CORPS

19 For expenses of family housing for the Navy and Ma20 rine Corps for construction, including acquisition, replace21 ment, addition, expansion, extension, and alteration, as 

22 authorized by law, $100,972,000, to remain available until 

23 September 30, 2016. 

mstockstill on DSK4VPTVN1PROD with BILLS

881 

•HR 3671 IH

1 FAMILY HOUSING OPERATION AND MAINTENANCE, 

2 NAVY AND MARINE CORPS

3 For expenses of family housing for the Navy and Ma4 rine Corps for operation and maintenance, including debt 

5 payment, leasing, minor construction, principal and inter6 est charges, and insurance premiums, as authorized by 

7 law, $367,863,000. 

8 FAMILY HOUSING CONSTRUCTION, AIR FORCE

9 For expenses of family housing for the Air Force for 

10 construction, including acquisition, replacement, addition, 

11 expansion, extension, and alteration, as authorized by law, 

12 $60,042,000, to remain available until September 30, 

13 2016. 

14 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

15 FORCE

16 For expenses of family housing for the Air Force for 

17 operation and maintenance, including debt payment, leas18 ing, minor construction, principal and interest charges, 

19 and insurance premiums, as authorized by law, 

20 $429,523,000. 

21 FAMILY HOUSING OPERATION AND MAINTENANCE, 

22 DEFENSE-WIDE

23 For expenses of family housing for the activities and 

24 agencies of the Department of Defense (other than the 

25 military departments) for operation and maintenance, 

mstockstill on DSK4VPTVN1PROD with BILLS

882 

•HR 3671 IH

1 leasing, and minor construction, as authorized by law, 

2 $50,723,000. 

3 DEPARTMENT OF DEFENSE FAMILY HOUSING

4 IMPROVEMENT FUND

5 For the Department of Defense Family Housing Im6 provement Fund, $2,184,000, to remain available until ex7 pended, for family housing initiatives undertaken pursu8 ant to section 2883 of title 10, United States Code, pro9 viding alternative means of acquiring and improving mili10 tary family housing and supporting facilities. 

11 HOMEOWNERS ASSISTANCE FUND

12 For the Homeowners Assistance Fund established by 

13 section 1013 of the Demonstration Cities and Metropoli14 tan Development Act of 1966, (42 U.S.C. 3374), as 

15 amended by section 1001 of division A of the American 

16 Recovery and Reinvestment Act of 2009 (Public Law 111– 

17 5; 123 Stat. 194), $1,284,000, to remain available until 

18 expended: Provided, That the Secretary of Defense shall 

19 not issue any regulation or otherwise take any action to 

20 limit the submission prior to September 30, 2012, of ap21 plications for benefits, including permanent change of sta22 tion benefits, as provided under section 1013 of the Dem23 onstration Cities and Metropolitan Development Act of 

24 1966, (42 U.S.C. 3374), as amended. 

mstockstill on DSK4VPTVN1PROD with BILLS

883 

•HR 3671 IH

1 CHEMICAL DEMILITARIZATION CONSTRUCTION, 

2 DEFENSE-WIDE

3 For expenses of construction, not otherwise provided 

4 for, necessary for the destruction of the United States 

5 stockpile of lethal chemical agents and munitions in ac6 cordance with section 1412 of the Department of Defense 

7 Authorization Act, 1986 (50 U.S.C. 1521), and for the 

8 destruction of other chemical warfare materials that are 

9 not in the chemical weapon stockpile, as currently author10 ized by law, $75,312,000, to remain available until Sep11 tember 30, 2016, which shall be only for the Assembled 

12 Chemical Weapons Alternatives program. 

13 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

14 1990 

15 For deposit into the Department of Defense Base 

16 Closure Account 1990, established by section 2906(a)(1) 

17 of the Defense Base Closure and Realignment Act of 1990 

18 (10 U.S.C. 2687 note), $323,543,000, to remain available 

19 until expended. 

20 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

21 2005 

22 For deposit into the Department of Defense Base 

23 Closure Account 2005, established by section 2906A(a)(1) 

24 of the Defense Base Closure and Realignment Act of 1990 

25 (10 U.S.C. 2687 note), $258,776,000, to remain available 

mstockstill on DSK4VPTVN1PROD with BILLS

884 

•HR 3671 IH

1 until expended: Provided, That the Department of Defense 

2 shall notify the Committees on Appropriations of both 

3 Houses of Congress 14 days prior to obligating an amount 

4 for a construction project that exceeds or reduces the 

5 amount identified for that project in the most recently 

6 submitted budget request for this account by 20 percent 

7 or $2,000,000, whichever is less: Provided further, That 

8 the previous proviso shall not apply to projects costing less 

9 than $5,000,000, except for those projects not previously 

10 identified in any budget submission for this account and 

11 exceeding the minor construction threshold under section 

12 2805 of title 10, United States Code. 

13 ADMINISTRATIVE PROVISIONS

14 SEC. 101. None of the funds made available in this 

15 title shall be expended for payments under a cost-plus-a16 fixed-fee contract for construction, where cost estimates 

17 exceed $25,000, to be performed within the United States, 

18 except Alaska, without the specific approval in writing of 

19 the Secretary of Defense setting forth the reasons there20 for. 

21 SEC. 102. Funds made available in this title for con22 struction shall be available for hire of passenger motor ve23 hicles. 

24 SEC. 103. Funds made available in this title for con25 struction may be used for advances to the Federal Highmstockstill on DSK4VPTVN1PROD with BILLS

885 

•HR 3671 IH

1 way Administration, Department of Transportation, for 

2 the construction of access roads as authorized by section 

3 210 of title 23, United States Code, when projects author4 ized therein are certified as important to the national de5 fense by the Secretary of Defense. 

6 SEC. 104. None of the funds made available in this 

7 title may be used to begin construction of new bases in 

8 the United States for which specific appropriations have 

9 not been made. 

10 SEC. 105. None of the funds made available in this 

11 title shall be used for purchase of land or land easements 

12 in excess of 100 percent of the value as determined by 

13 the Army Corps of Engineers or the Naval Facilities Engi14 neering Command, except: (1) where there is a determina15 tion of value by a Federal court; (2) purchases negotiated 

16 by the Attorney General or the designee of the Attorney 

17 General; (3) where the estimated value is less than 

18 $25,000; or (4) as otherwise determined by the Secretary 

19 of Defense to be in the public interest. 

20 SEC. 106. None of the funds made available in this 

21 title shall be used to: (1) acquire land; (2) provide for site 

22 preparation; or (3) install utilities for any family housing, 

23 except housing for which funds have been made available 

24 in annual Acts making appropriations for military con25 struction. 

mstockstill on DSK4VPTVN1PROD with BILLS

886 

•HR 3671 IH

1 SEC. 107. None of the funds made available in this 

2 title for minor construction may be used to transfer or 

3 relocate any activity from one base or installation to an4 other, without prior notification to the Committees on Ap5 propriations of both Houses of Congress. 

6 SEC. 108. None of the funds made available in this 

7 title may be used for the procurement of steel for any con8 struction project or activity for which American steel pro9 ducers, fabricators, and manufacturers have been denied 

10 the opportunity to compete for such steel procurement. 

11 SEC. 109. None of the funds available to the Depart12 ment of Defense for military construction or family hous13 ing during the current fiscal year may be used to pay real 

14 property taxes in any foreign nation. 

15 SEC. 110. None of the funds made available in this 

16 title may be used to initiate a new installation overseas 

17 without prior notification to the Committees on Appro18 priations of both Houses of Congress. 

19 SEC. 111. None of the funds made available in this 

20 title may be obligated for architect and engineer contracts 

21 estimated by the Government to exceed $500,000 for 

22 projects to be accomplished in Japan, in any North Atlan23 tic Treaty Organization member country, or in countries 

24 bordering the Arabian Sea, unless such contracts are 

mstockstill on DSK4VPTVN1PROD with BILLS

887 

•HR 3671 IH

1 awarded to United States firms or United States firms 

2 in joint venture with host nation firms. 

3 SEC. 112. None of the funds made available in this 

4 title for military construction in the United States terri5 tories and possessions in the Pacific and on Kwajalein 

6 Atoll, or in countries bordering the Arabian Sea, may be 

7 used to award any contract estimated by the Government 

8 to exceed $1,000,000 to a foreign contractor: Provided, 

9 That this section shall not be applicable to contract 

10 awards for which the lowest responsive and responsible bid 

11 of a United States contractor exceeds the lowest respon12 sive and responsible bid of a foreign contractor by greater 

13 than 20 percent: Provided further, That this section shall 

14 not apply to contract awards for military construction on 

15 Kwajalein Atoll for which the lowest responsive and re16 sponsible bid is submitted by a Marshallese contractor. 

17 SEC. 113. The Secretary of Defense shall inform the 

18 appropriate committees of both Houses of Congress, in19 cluding the Committees on Appropriations, of plans and 

20 scope of any proposed military exercise involving United 

21 States personnel 30 days prior to its occurring, if amounts 

22 expended for construction, either temporary or permanent, 

23 are anticipated to exceed $100,000. 

24 SEC. 114. Not more than 20 percent of the funds 

25 made available in this title which are limited for obligation 

mstockstill on DSK4VPTVN1PROD with BILLS

888 

•HR 3671 IH

1 during the current fiscal year shall be obligated during 

2 the last 2 months of the fiscal year. 

3 SEC. 115. Funds appropriated to the Department of 

4 Defense for construction in prior years shall be available 

5 for construction authorized for each such military depart6 ment by the authorizations enacted into law during the 

7 current session of Congress. 

8 SEC. 116. For military construction or family housing 

9 projects that are being completed with funds otherwise ex10 pired or lapsed for obligation, expired or lapsed funds may 

11 be used to pay the cost of associated supervision, inspec12 tion, overhead, engineering and design on those projects 

13 and on subsequent claims, if any. 

14 SEC. 117. Notwithstanding any other provision of 

15 law, any funds made available to a military department 

16 or defense agency for the construction of military projects 

17 may be obligated for a military construction project or 

18 contract, or for any portion of such a project or contract, 

19 at any time before the end of the fourth fiscal year after 

20 the fiscal year for which funds for such project were made 

21 available, if the funds obligated for such project: (1) are 

22 obligated from funds available for military construction 

23 projects; and (2) do not exceed the amount appropriated 

24 for such project, plus any amount by which the cost of 

25 such project is increased pursuant to law. 

mstockstill on DSK4VPTVN1PROD with BILLS

889 

•HR 3671 IH

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 118. In addition to any other transfer authority 

3 available to the Department of Defense, proceeds depos4 ited to the Department of Defense Base Closure Account 

5 established by section 207(a)(1) of the Defense Authoriza6 tion Amendments and Base Closure and Realignment Act 

7 (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) 

8 of such Act, may be transferred to the account established 

9 by section 2906(a)(1) of the Defense Base Closure and 

10 Realignment Act of 1990 (10 U.S.C. 2687 note), to be 

11 merged with, and to be available for the same purposes 

12 and the same time period as that account. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 119. Subject to 30 days prior notification, or 

15 14 days for a notification provided in an electronic me16 dium pursuant to sections 480 and 2883 of title 10, 

17 United States Code, to the Committees on Appropriations 

18 of both Houses of Congress, such additional amounts as 

19 may be determined by the Secretary of Defense may be 

20 transferred to: (1) the Department of Defense Family 

21 Housing Improvement Fund from amounts appropriated 

22 for construction in ‘‘Family Housing’’ accounts, to be 

23 merged with and to be available for the same purposes 

24 and for the same period of time as amounts appropriated 

25 directly to the Fund; or (2) the Department of Defense 

mstockstill on DSK4VPTVN1PROD with BILLS

890 

•HR 3671 IH

1 Military Unaccompanied Housing Improvement Fund 

2 from amounts appropriated for construction of military 

3 unaccompanied housing in ‘‘Military Construction’’ ac4 counts, to be merged with and to be available for the same 

5 purposes and for the same period of time as amounts ap6 propriated directly to the Fund: Provided, That appropria7 tions made available to the Funds shall be available to 

8 cover the costs, as defined in section 502(5) of the Con9 gressional Budget Act of 1974, of direct loans or loan 

10 guarantees issued by the Department of Defense pursuant 

11 to the provisions of subchapter IV of chapter 169 of title 

12 10, United States Code, pertaining to alternative means 

13 of acquiring and improving military family housing, mili14 tary unaccompanied housing, and supporting facilities. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 120. In addition to any other transfer authority 

17 available to the Department of Defense, amounts may be 

18 transferred from the accounts established by sections 

19 2906(a)(1) and 2906A(a)(1) of the Defense Base Closure 

20 and Realignment Act of 1990 (10 U.S.C. 2687 note), to 

21 the fund established by section 1013(d) of the Demonstra22 tion Cities and Metropolitan Development Act of 1966 (42 

23 U.S.C. 3374) to pay for expenses associated with the 

24 Homeowners Assistance Program incurred under 42 

25 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be 

mstockstill on DSK4VPTVN1PROD with BILLS

891 

•HR 3671 IH

1 merged with and be available for the same purposes and 

2 for the same time period as the fund to which transferred. 

3 SEC. 121. Notwithstanding any other provision of 

4 law, funds made available in this title for operation and 

5 maintenance of family housing shall be the exclusive 

6 source of funds for repair and maintenance of all family 

7 housing units, including general or flag officer quarters: 

8 Provided, That not more than $35,000 per unit may be 

9 spent annually for the maintenance and repair of any gen10 eral or flag officer quarters without 30 days prior notifica11 tion, or 14 days for a notification provided in an electronic 

12 medium pursuant to sections 480 and 2883 of title 10, 

13 United States Code, to the Committees on Appropriations 

14 of both Houses of Congress, except that an after-the-fact 

15 notification shall be submitted if the limitation is exceeded 

16 solely due to costs associated with environmental remedi17 ation that could not be reasonably anticipated at the time 

18 of the budget submission: Provided further, That the 

19 Under Secretary of Defense (Comptroller) is to report an20 nually to the Committees on Appropriations of both 

21 Houses of Congress all operation and maintenance ex22 penditures for each individual general or flag officer quar23 ters for the prior fiscal year. 

24 SEC. 122. Amounts contained in the Ford Island Im25 provement Account established by subsection (h) of secmstockstill on DSK4VPTVN1PROD with BILLS

892 

•HR 3671 IH

1 tion 2814 of title 10, United States Code, are appro2 priated and shall be available until expended for the pur3 poses specified in subsection (i)(1) of such section or until 

4 transferred pursuant to subsection (i)(3) of such section. 

5 SEC. 123. None of the funds made available in this 

6 title, or in any Act making appropriations for military con7 struction which remain available for obligation, may be ob8 ligated or expended to carry out a military construction, 

9 land acquisition, or family housing project at or for a mili10 tary installation approved for closure, or at a military in11 stallation for the purposes of supporting a function that 

12 has been approved for realignment to another installation, 

13 in 2005 under the Defense Base Closure and Realignment 

14 Act of 1990 (part A of title XXIX of Public Law 101– 

15 510; 10 U.S.C. 2687 note), unless such a project at a mili16 tary installation approved for realignment will support a 

17 continuing mission or function at that installation or a 

18 new mission or function that is planned for that installa19 tion, or unless the Secretary of Defense certifies that the 

20 cost to the United States of carrying out such project 

21 would be less than the cost to the United States of cancel22 ling such project, or if the project is at an active compo23 nent base that shall be established as an enclave or in the 

24 case of projects having multi-agency use, that another 

25 Government agency has indicated it will assume ownership 

mstockstill on DSK4VPTVN1PROD with BILLS

893 

•HR 3671 IH

1 of the completed project. The Secretary of Defense may 

2 not transfer funds made available as a result of this limi3 tation from any military construction project, land acquisi4 tion, or family housing project to another account or use 

5 such funds for another purpose or project without the 

6 prior approval of the Committees on Appropriations of 

7 both Houses of Congress. This section shall not apply to 

8 military construction projects, land acquisition, or family 

9 housing projects for which the project is vital to the na10 tional security or the protection of health, safety, or envi11 ronmental quality: Provided, That the Secretary of De12 fense shall notify the congressional defense committees 

13 within seven days of a decision to carry out such a military 

14 construction project. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 124. During the 5-year period after appropria17 tions available in this Act to the Department of Defense 

18 for military construction and family housing operation and 

19 maintenance and construction have expired for obligation, 

20 upon a determination that such appropriations will not be 

21 necessary for the liquidation of obligations or for making 

22 authorized adjustments to such appropriations for obliga23 tions incurred during the period of availability of such ap24 propriations, unobligated balances of such appropriations 

25 may be transferred into the appropriation ‘‘Foreign Curmstockstill on DSK4VPTVN1PROD with BILLS

894 

•HR 3671 IH

1 rency Fluctuations, Construction, Defense’’, to be merged 

2 with and to be available for the same time period and for 

3 the same purposes as the appropriation to which trans4 ferred. 

5 SEC. 125. Amounts appropriated or otherwise made 

6 available in an account funded under the headings in this 

7 title may be transferred among projects and activities 

8 within the account in accordance with the reprogramming 

9 guidelines for military construction and family housing 

10 construction contained in Department of Defense Finan11 cial Management Regulation 7000.14–R, Volume 3, Chap12 ter 7, of February 2009, as in effect on the date of enact13 ment of this Act. 

14 SEC. 126. (a) Notwithstanding any other provision 

15 of law, the Secretary of the Army shall close Umatilla 

16 Chemical Depot, Oregon, not later than 1 year after the 

17 completion of chemical demilitarization activities required 

18 under the Chemical Weapons Convention. 

19 (b) The closure of the Umatilla Chemical Depot, Or20 egon, and subsequent management and property disposal 

21 shall be carried out in accordance with procedures and au22 thorities contained in the Defense Base Closure and Re23 alignment Act of 1990 (part A of title XXIX of Public 

24 Law 110–510; 10 U.S.C. 2687 note). 

mstockstill on DSK4VPTVN1PROD with BILLS

895 

•HR 3671 IH

1 (c) Nothing in this section shall be construed to affect 

2 or limit the application of, or any obligation to comply 

3 with, any environmental law, including the Comprehensive 

4 Environmental Response, Compensation, and Liability Act 

5 of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste 

6 Disposal Act (42 U.S.C. 6901 et seq.). 

7 (d) The Secretary of the Army may retain minimum 

8 essential ranges, facilities, and training areas at Umatilla 

9 Chemical Depot, totaling approximately 7,500 acres, as a 

10 training enclave for the reserve components of the Armed 

11 Forces to permit the conduct of individual and annual 

12 training. 

13 SEC. 127. None of the funds made available by this 

14 Act may be used by the Secretary of Defense to take bene15 ficial occupancy of more than 2,000 parking spaces (other 

16 than handicap-reserved spaces) to be provided by the 

17 BRAC 133 project: Provided, That this limitation may be 

18 waived in part if: (1) the Secretary of Defense certifies 

19 to Congress that levels of service at existing intersections 

20 in the vicinity of the project have not experienced failing 

21 levels of service as defined by the Transportation Research 

22 Board Highway Capacity Manual over a consecutive 90- 

23 day period; (2) the Department of Defense and the Vir24 ginia Department of Transportation agree on the number 

25 of additional parking spaces that may be made available 

mstockstill on DSK4VPTVN1PROD with BILLS

896 

•HR 3671 IH

1 to employees of the facility subject to continued 90-day 

2 traffic monitoring; and (3) the Secretary of Defense noti3 fies the congressional defense committees in writing at 

4 least 14 days prior to exercising this waiver of the number 

5 of additional parking spaces to be made available: Pro6 vided further, That the Secretary of Defense shall imple7 ment the Department of Defense Inspector General rec8 ommendations outlined in report number DODIG–2012– 

9 024, and certify to Congress not later than 180 days after 

10 enactment of this Act that the recommendations have been 

11 implemented. 

12 SEC. 128. None of the funds appropriated or other13 wise made available by this title may be obligated or ex14 pended for a permanent United States Africa Command 

15 headquarters outside of the United States until the Sec16 retary of Defense provides the congressional defense com17 mittees an analysis of all military construction costs asso18 ciated with establishing a permanent location overseas 

19 versus in the United States. 

20 SEC. 129. None of the funds made available by this 

21 Act may be used for any action that relates to or promotes 

22 the expansion of the boundaries or size of the Pinon Can23 yon Maneuver Site, Colorado. 

24 SEC. 130. (a) Except as provided in subsection (b), 

25 none of the funds made available in this Act may be used 

mstockstill on DSK4VPTVN1PROD with BILLS

897 

•HR 3671 IH

1 by the Secretary of the Army to relocate a unit in the 

2 Army that— 

3 (1) performs a testing mission or function that 

4 is not performed by any other unit in the Army and 

5 is specifically stipulated in title 10, United States 

6 Code; and 

7 (2) is located at a military installation at which 

8 the total number of civilian employees of the Depart9 ment of the Army and Army contractor personnel 

10 employed exceeds 10 percent of the total number of 

11 members of the regular and reserve components of 

12 the Army assigned to the installation. 

13 (b) EXCEPTION.—Subsection (a) shall not apply if 

14 the Secretary of the Army certifies to the congressional 

15 defense committees that in proposing the relocation of the 

16 unit of the Army, the Secretary complied with Army Regu17 lation 5–10 relating to the policy, procedures, and respon18 sibilities for Army stationing actions. 

19 (INCLUDING RESCISSIONS OF FUNDS)

20 SEC. 131. Of the unobligated balances available 

21 under the following headings from prior appropriations 

22 Acts (other than appropriations designated by law as 

23 being for contingency operations directly related to the 

24 global war on terrorism or as an emergency requirement), 

25 the following amounts are hereby rescinded: ‘‘Military 

mstockstill on DSK4VPTVN1PROD with BILLS

898 

•HR 3671 IH

1 Construction, Army’’, $100,000,000; ‘‘Military Construc2 tion, Navy and Marine Corps’’, $25,000,000; ‘‘Military 

3 Construction, Air Force’’, $32,000,000; and ‘‘Military 

4 Construction, Defense-Wide’’, $131,400,000. 

5 (INCLUDING RESCISSION OF FUNDS)

6 SEC. 132. Of the unobligated balances available for 

7 ‘‘Department of Defense Base Closure Account 2005’’, 

8 from prior appropriations Acts (other than appropriations 

9 designated by law as being for contingency operations di10 rectly related to the global war on terrorism or as an emer11 gency requirement), $258,776,000 are hereby rescinded. 

mstockstill on DSK4VPTVN1PROD with BILLS

899 

•HR 3671 IH

1 TITLE II 

2 DEPARTMENT OF VETERANS AFFAIRS 

3 VETERANS BENEFITS ADMINISTRATION

4 COMPENSATION AND PENSIONS

5 (INCLUDING TRANSFER OF FUNDS)

6 For the payment of compensation benefits to or on 

7 behalf of veterans and a pilot program for disability ex8 aminations as authorized by section 107 and chapters 11, 

9 13, 18, 51, 53, 55, and 61 of title 38, United States Code; 

10 pension benefits to or on behalf of veterans as authorized 

11 by chapters 15, 51, 53, 55, and 61 of title 38, United 

12 States Code; and burial benefits, the Reinstated Entitle13 ment Program for Survivors, emergency and other offi14 cers’ retirement pay, adjusted-service credits and certifi15 cates, payment of premiums due on commercial life insur16 ance policies guaranteed under the provisions of title IV 

17 of the Servicemembers Civil Relief Act (50 U.S.C. App. 

18 541 et seq.) and for other benefits as authorized by sec19 tions 107, 1312, 1977, and 2106, and chapters 23, 51, 

20 53, 55, and 61 of title 38, United States Code, 

21 $51,237,567,000, to remain available until expended: Pro22 vided, That not to exceed $32,187,000 of the amount ap23 propriated under this heading shall be reimbursed to 

24 ‘‘General operating expenses, Veterans Benefits Adminis25 tration’’, ‘‘Medical support and compliance’’, and ‘‘Informstockstill on DSK4VPTVN1PROD with BILLS

900 

•HR 3671 IH

1 mation technology systems’’ for necessary expenses in im2 plementing the provisions of chapters 51, 53, and 55 of 

3 title 38, United States Code, the funding source for which 

4 is specifically provided as the ‘‘Compensation and pen5 sions’’ appropriation: Provided further, That such sums as 

6 may be earned on an actual qualifying patient basis, shall 

7 be reimbursed to ‘‘Medical care collections fund’’ to aug8 ment the funding of individual medical facilities for nurs9 ing home care provided to pensioners as authorized. 

10 READJUSTMENT BENEFITS

11 For the payment of readjustment and rehabilitation 

12 benefits to or on behalf of veterans as authorized by chap13 ters 21, 30, 31, 33, 34, 35, 36, 39, 51, 53, 55, and 61 

14 of title 38, United States Code, $12,108,488,000, to re15 main available until expended: Provided, That expenses for 

16 rehabilitation program services and assistance which the 

17 Secretary is authorized to provide under subsection (a) of 

18 section 3104 of title 38, United States Code, other than 

19 under paragraphs (1), (2), (5), and (11) of that sub20 section, shall be charged to this account. 

21 VETERANS INSURANCE AND INDEMNITIES

22 For military and naval insurance, national service life 

23 insurance, servicemen’s indemnities, service-disabled vet24 erans insurance, and veterans mortgage life insurance as 

mstockstill on DSK4VPTVN1PROD with BILLS

901 

•HR 3671 IH

1 authorized by chapters 19 and 21, title 38, United States 

2 Code, $100,252,000, to remain available until expended. 

3 VETERANS HOUSING BENEFIT PROGRAM FUND

4 For the cost of direct and guaranteed loans, such 

5 sums as may be necessary to carry out the program, as 

6 authorized by subchapters I through III of chapter 37 of 

7 title 38, United States Code: Provided, That such costs, 

8 including the cost of modifying such loans, shall be as de9 fined in section 502 of the Congressional Budget Act of 

10 1974: Provided further, That during fiscal year 2012, 

11 within the resources available, not to exceed $500,000 in 

12 gross obligations for direct loans are authorized for spe13 cially adapted housing loans. 

14 In addition, for administrative expenses to carry out 

15 the direct and guaranteed loan programs, $154,698,000. 

16 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

17 For the cost of direct loans, $19,000, as authorized 

18 by chapter 31 of title 38, United States Code: Provided, 

19 That such costs, including the cost of modifying such 

20 loans, shall be as defined in section 502 of the Congres21 sional Budget Act of 1974: Provided further, That funds 

22 made available under this heading are available to sub23 sidize gross obligations for the principal amount of direct 

24 loans not to exceed $3,019,000. 

mstockstill on DSK4VPTVN1PROD with BILLS

902 

•HR 3671 IH

1 In addition, for administrative expenses necessary to 

2 carry out the direct loan program, $343,000, which may 

3 be paid to the appropriation for ‘‘General operating ex4 penses, Veterans Benefits Administration’’. 

5 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

6 ACCOUNT

7 For administrative expenses to carry out the direct 

8 loan program authorized by subchapter V of chapter 37 

9 of title 38, United States Code, $1,116,000. 

10 VETERANS HEALTH ADMINISTRATION

11 MEDICAL SERVICES

12 For necessary expenses for furnishing, as authorized 

13 by law, inpatient and outpatient care and treatment to 

14 beneficiaries of the Department of Veterans Affairs and 

15 veterans described in section 1705(a) of title 38, United 

16 States Code, including care and treatment in facilities not 

17 under the jurisdiction of the Department, and including 

18 medical supplies and equipment, food services, and sala19 ries and expenses of health care employees hired under 

20 title 38, United States Code, aid to State homes as author21 ized by section 1741 of title 38, United States Code, as22 sistance and support services for caregivers as authorized 

23 by section 1720G of title 38, United States Code, and loan 

24 repayments authorized by section 604 of the Caregivers 

25 and Veterans Omnibus Health Services Act of 2010 (Pubmstockstill on DSK4VPTVN1PROD with BILLS

903 

•HR 3671 IH

1 lic Law 111–163; 124 Stat. 1174; 38 U.S.C. 7681 note) 

2 $41,354,000,000, plus reimbursements, shall become 

3 available on October 1, 2012, and shall remain available 

4 until September 30, 2013: Provided, That notwithstanding 

5 any other provision of law, the Secretary of Veterans Af6 fairs shall establish a priority for the provision of medical 

7 treatment for veterans who have service-connected disabil8 ities, lower income, or have special needs: Provided further, 

9 That notwithstanding any other provision of law, the Sec10 retary of Veterans Affairs shall give priority funding for 

11 the provision of basic medical benefits to veterans in en12 rollment priority groups 1 through 6: Provided further, 

13 That notwithstanding any other provision of law, the Sec14 retary of Veterans Affairs may authorize the dispensing 

15 of prescription drugs from Veterans Health Administra16 tion facilities to enrolled veterans with privately written 

17 prescriptions based on requirements established by the 

18 Secretary: Provided further, That the implementation of 

19 the program described in the previous proviso shall incur 

20 no additional cost to the Department of Veterans Affairs. 

21 MEDICAL SUPPORT AND COMPLIANCE

22 For necessary expenses in the administration of the 

23 medical, hospital, nursing home, domiciliary, construction, 

24 supply, and research activities, as authorized by law; ad25 ministrative expenses in support of capital policy activimstockstill on DSK4VPTVN1PROD with BILLS

904 

•HR 3671 IH

1 ties; and administrative and legal expenses of the Depart2 ment for collecting and recovering amounts owed the De3 partment as authorized under chapter 17 of title 38, 

4 United States Code, and the Federal Medical Care Recov5 ery Act (42 U.S.C. 2651 et seq.); $5,746,000,000, plus 

6 reimbursements, shall become available on October 1, 

7 2012, and shall remain available until September 30, 

8 2013. 

9 MEDICAL FACILITIES

10 For necessary expenses for the maintenance and op11 eration of hospitals, nursing homes, domiciliary facilities, 

12 and other necessary facilities of the Veterans Health Ad13 ministration; for administrative expenses in support of 

14 planning, design, project management, real property ac15 quisition and disposition, construction, and renovation of 

16 any facility under the jurisdiction or for the use of the 

17 Department; for oversight, engineering, and architectural 

18 activities not charged to project costs; for repairing, alter19 ing, improving, or providing facilities in the several hos20 pitals and homes under the jurisdiction of the Depart21 ment, not otherwise provided for, either by contract or by 

22 the hire of temporary employees and purchase of mate23 rials; for leases of facilities; and for laundry services, 

24 $5,441,000,000, plus reimbursements, shall become availmstockstill on DSK4VPTVN1PROD with BILLS

905 

•HR 3671 IH

1 able on October 1, 2012, and shall remain available until 

2 September 30, 2013. 

3 MEDICAL AND PROSTHETIC RESEARCH

4 For necessary expenses in carrying out programs of 

5 medical and prosthetic research and development as au6 thorized by chapter 73 of title 38, United States Code, 

7 $581,000,000, plus reimbursements, shall remain avail8 able until September 30, 2013. 

9 NATIONAL CEMETERY ADMINISTRATION

10 For necessary expenses of the National Cemetery Ad11 ministration for operations and maintenance, not other12 wise provided for, including uniforms or allowances there13 for; cemeterial expenses as authorized by law; purchase 

14 of one passenger motor vehicle for use in cemeterial oper15 ations; hire of passenger motor vehicles; and repair, alter16 ation or improvement of facilities under the jurisdiction 

17 of the National Cemetery Administration, $250,934,000, 

18 of which not to exceed $25,100,000 shall remain available 

19 until September 30, 2013: Provided, That none of the 

20 funds under this heading may be used to expand the 

21 Urban Initiative project beyond those sites outlined in the 

22 fiscal year 2012 or previous budget submissions until the 

23 National Cemetery Administration submits to the Com24 mittees on Appropriations of both Houses of Congress a 

25 detailed strategy to serve the burial needs of veterans remstockstill on DSK4VPTVN1PROD with BILLS

906 

•HR 3671 IH

1 siding in rural and highly rural areas: Provided further, 

2 That the report shall include a timeline for implementa3 tion of such strategy and cost estimates of establishing 

4 new burial sites in at least five rural or highly rural loca5 tions. 

6 DEPARTMENTAL ADMINISTRATION

7 GENERAL ADMINISTRATION

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary operating expenses of the Department 

10 of Veterans Affairs, not otherwise provided for, including 

11 administrative expenses in support of Department-Wide 

12 capital planning, management and policy activities, uni13 forms, or allowances therefor; not to exceed $25,000 for 

14 official reception and representation expenses; hire of pas15 senger motor vehicles; and reimbursement of the General 

16 Services Administration for security guard services, 

17 $416,737,000, of which not to exceed $20,837,000 shall 

18 remain available until September 30, 2013: Provided, 

19 That funds provided under this heading may be trans20 ferred to ‘‘General operating expenses, Veterans Benefits 

21 Administration’’. 

22 GENERAL OPERATING EXPENSES, VETERANS BENEFITS

23 ADMINISTRATION

24 For necessary operating expenses of the Veterans 

25 Benefits Administration, not otherwise provided for, inmstockstill on DSK4VPTVN1PROD with BILLS

907 

•HR 3671 IH

1 cluding hire of passenger motor vehicles, reimbursement 

2 of the General Services Administration for security guard 

3 services, and reimbursement of the Department of De4 fense for the cost of overseas employee mail, 

5 $2,018,764,000: Provided, That expenses for services and 

6 assistance authorized under paragraphs (1), (2), (5), and 

7 (11) of section 3104(a) of title 38, United States Code, 

8 that the Secretary of Veterans Affairs determines are nec9 essary to enable entitled veterans: (1) to the maximum ex10 tent feasible, to become employable and to obtain and 

11 maintain suitable employment; or (2) to achieve maximum 

12 independence in daily living, shall be charged to this ac13 count: Provided further, That of the funds made available 

14 under this heading, not to exceed $105,000,000 shall re15 main available until September 30, 2013: Provided further, 

16 That from the funds made available under this heading, 

17 the Veterans Benefits Administration may purchase (on 

18 a one-for-one replacement basis only) up to two passenger 

19 motor vehicles for use in operations of that Administration 

20 in Manila, Philippines. 

21 INFORMATION TECHNOLOGY SYSTEMS

22 For necessary expenses for information technology 

23 systems and telecommunications support, including devel24 opmental information systems and operational information 

25 systems; for pay and associated costs; and for the capital 

mstockstill on DSK4VPTVN1PROD with BILLS

908 

•HR 3671 IH

1 asset acquisition of information technology systems, in2 cluding management and related contractual costs of said 

3 acquisitions, including contractual costs associated with 

4 operations authorized by section 3109 of title 5, United 

5 States Code, $3,111,376,000, plus reimbursements: Pro6 vided, That $915,000,000 shall be for pay and associated 

7 costs, of which not to exceed $25,000,000 shall remain 

8 available until September 30, 2013: Provided further, That 

9 $1,616,018,000 shall be for operations and maintenance, 

10 of which not to exceed $110,000,000 shall remain avail11 able until September 30, 2013: Provided further, That 

12 $580,358,000 shall be for information technology systems 

13 development, modernization, and enhancement, and shall 

14 remain available until September 30, 2013: Provided fur15 ther, That none of the funds made available under this 

16 heading may be obligated until the Department of Vet17 erans Affairs submits to the Committees on Appropria18 tions of both Houses of Congress, and such Committees 

19 approve, a plan for expenditure that: (1) meets the capital 

20 planning and investment control review requirements es21 tablished by the Office of Management and Budget; (2) 

22 complies with the Department of Veterans Affairs enter23 prise architecture; (3) conforms with an established enter24 prise life cycle methodology; and (4) complies with the ac25 quisition rules, requirements, guidelines, and systems acmstockstill on DSK4VPTVN1PROD with BILLS

909 

•HR 3671 IH

1 quisition management practices of the Federal Govern2 ment: Provided further, That amounts made available for 

3 information technology systems development, moderniza4 tion, and enhancement may not be obligated or expended 

5 until the Secretary of Veterans Affairs or the Chief Infor6 mation Officer of the Department of Veterans Affairs sub7 mits to the Committees on Appropriations of both Houses 

8 of Congress a certification of the amounts, in parts or in 

9 full, to be obligated and expended for each development 

10 project: Provided further, That amounts made available for 

11 salaries and expenses, operations and maintenance, and 

12 information technology systems development, moderniza13 tion, and enhancement may be transferred among the 

14 three subaccounts after the Secretary of Veterans Affairs 

15 requests from the Committees on Appropriations of both 

16 Houses of Congress the authority to make the transfer 

17 and an approval is issued: Provided further, That the 

18 funds made available under this heading for information 

19 technology systems development, modernization, and en20 hancement, shall be for the projects, and in the amounts, 

21 specified under this heading in the explanatory statement 

22 described in section 4 (in the matter preceding division 

23 A of this consolidated Act). 

mstockstill on DSK4VPTVN1PROD with BILLS

910 

•HR 3671 IH

1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General, to include information technology, in carrying out 

4 the provisions of the Inspector General Act of 1978 (5 

5 U.S.C. App.), $112,391,000, of which $6,000,000 shall re6 main available until September 30, 2013. 

7 CONSTRUCTION, MAJOR PROJECTS

8 For constructing, altering, extending, and improving 

9 any of the facilities, including parking projects, under the 

10 jurisdiction or for the use of the Department of Veterans 

11 Affairs, or for any of the purposes set forth in sections 

12 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 

13 and 8122 of title 38, United States Code, including plan14 ning, architectural and engineering services, construction 

15 management services, maintenance or guarantee period 

16 services costs associated with equipment guarantees pro17 vided under the project, services of claims analysts, offsite 

18 utility and storm drainage system construction costs, and 

19 site acquisition, where the estimated cost of a project is 

20 more than the amount set forth in section 8104(a)(3)(A) 

21 of title 38, United States Code, or where funds for a 

22 project were made available in a previous major project 

23 appropriation, $589,604,000, to remain available until ex24 pended, of which $5,000,000 shall be to make reimburse25 ments as provided in section 13 of the Contract Disputes 

mstockstill on DSK4VPTVN1PROD with BILLS

911 

•HR 3671 IH

1 Act of 1978 (41 U.S.C. 612) for claims paid for contract 

2 disputes: Provided, That except for advance planning ac3 tivities, including needs assessments which may or may 

4 not lead to capital investments, and other capital asset 

5 management related activities, including portfolio develop6 ment and management activities, and investment strategy 

7 studies funded through the advance planning fund and the 

8 planning and design activities funded through the design 

9 fund, including needs assessments which may or may not 

10 lead to capital investments, and salaries and associated 

11 costs of the resident engineers who oversee those capital 

12 investments funded through this account, and funds pro13 vided for the purchase of land for the National Cemetery 

14 Administration through the land acquisition line item, 

15 none of the funds made available under this heading shall 

16 be used for any project which has not been approved by 

17 the Congress in the budgetary process: Provided further, 

18 That funds made available under this heading for fiscal 

19 year 2012, for each approved project shall be obligated: 

20 (1) by the awarding of a construction documents contract 

21 by September 30, 2012; and (2) by the awarding of a con22 struction contract by September 30, 2013: Provided fur23 ther, That the Secretary of Veterans Affairs shall prompt24 ly submit to the Committees on Appropriations of both 

25 Houses of Congress a written report on any approved 

mstockstill on DSK4VPTVN1PROD with BILLS

912 

•HR 3671 IH

1 major construction project for which obligations are not 

2 incurred within the time limitations established above. 

3 CONSTRUCTION, MINOR PROJECTS

4 For constructing, altering, extending, and improving 

5 any of the facilities, including parking projects, under the 

6 jurisdiction or for the use of the Department of Veterans 

7 Affairs, including planning and assessments of needs 

8 which may lead to capital investments, architectural and 

9 engineering services, maintenance or guarantee period 

10 services costs associated with equipment guarantees pro11 vided under the project, services of claims analysts, offsite 

12 utility and storm drainage system construction costs, and 

13 site acquisition, or for any of the purposes set forth in 

14 sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 

15 8110, 8122, and 8162 of title 38, United States Code, 

16 where the estimated cost of a project is equal to or less 

17 than the amount set forth in section 8104(a)(3)(A) of title 

18 38, United States Code, $482,386,000, to remain avail19 able until expended, along with unobligated balances of 

20 previous ‘‘Construction, minor projects’’ appropriations 

21 which are hereby made available for any project where the 

22 estimated cost is equal to or less than the amount set forth 

23 in such section: Provided, That funds made available 

24 under this heading shall be for: (1) repairs to any of the 

25 nonmedical facilities under the jurisdiction or for the use 

mstockstill on DSK4VPTVN1PROD with BILLS

913 

•HR 3671 IH

1 of the Department which are necessary because of loss or 

2 damage caused by any natural disaster or catastrophe; 

3 and (2) temporary measures necessary to prevent or to 

4 minimize further loss by such causes. 

5 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

6 FACILITIES

7 For grants to assist States to acquire or construct 

8 State nursing home and domiciliary facilities and to re9 model, modify, or alter existing hospital, nursing home, 

10 and domiciliary facilities in State homes, for furnishing 

11 care to veterans as authorized by sections 8131 through 

12 8137 of title 38, United States Code, $85,000,000, to re13 main available until expended. 

14 GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

15 For grants to assist States and tribal governments 

16 in establishing, expanding, or improving veterans ceme17 teries as authorized by section 2408 of title 38, United 

18 States Code, $46,000,000, to remain available until ex19 pended. 

20 ADMINISTRATIVE PROVISIONS

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 201. Any appropriation for fiscal year 2012 for 

23 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 

24 and ‘‘Veterans insurance and indemnities’’ may be trans25 ferred as necessary to any other of the mentioned appromstockstill on DSK4VPTVN1PROD with BILLS

914 

•HR 3671 IH

1 priations: Provided, That before a transfer may take place, 

2 the Secretary of Veterans Affairs shall request from the 

3 Committees on Appropriations of both Houses of Congress 

4 the authority to make the transfer and such Committees 

5 issue an approval, or absent a response, a period of 30 

6 days has elapsed. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 202. Amounts made available for the Depart9 ment of Veterans Affairs for fiscal year 2012, in this Act 

10 or any other Act, under the ‘‘Medical services’’, ‘‘Medical 

11 support and compliance’’, and ‘‘Medical facilities’’ ac12 counts may be transferred among the accounts: Provided, 

13 That any transfers between the ‘‘Medical services’’ and 

14 ‘‘Medical support and compliance’’ accounts of 1 percent 

15 or less of the total amount appropriated to the account 

16 in this or any other Act may take place subject to notifica17 tion from the Secretary of Veterans Affairs to the Com18 mittees on Appropriations of both Houses of Congress of 

19 the amount and purpose of the transfer: Provided further, 

20 That any transfers between the ‘‘Medical services’’ and 

21 ‘‘Medical support and compliance’’ accounts in excess of 

22 1 percent, or exceeding the cumulative 1 percent for the 

23 fiscal year, may take place only after the Secretary re24 quests from the Committees on Appropriations of both 

25 Houses of Congress the authority to make the transfer 

mstockstill on DSK4VPTVN1PROD with BILLS

915 

•HR 3671 IH

1 and an approval is issued: Provided further, That any 

2 transfers to or from the ‘‘Medical facilities’’ account may 

3 take place only after the Secretary requests from the Com4 mittees on Appropriations of both Houses of Congress the 

5 authority to make the transfer and an approval is issued. 

6 SEC. 203. Appropriations available in this title for 

7 salaries and expenses shall be available for services au8 thorized by section 3109 of title 5, United States Code, 

9 hire of passenger motor vehicles; lease of a facility or land 

10 or both; and uniforms or allowances therefore, as author11 ized by sections 5901 through 5902 of title 5, United 

12 States Code. 

13 SEC. 204. No appropriations in this title (except the 

14 appropriations for ‘‘Construction, major projects’’, and 

15 ‘‘Construction, minor projects’’) shall be available for the 

16 purchase of any site for or toward the construction of any 

17 new hospital or home. 

18 SEC. 205. No appropriations in this title shall be 

19 available for hospitalization or examination of any persons 

20 (except beneficiaries entitled to such hospitalization or ex21 amination under the laws providing such benefits to vet22 erans, and persons receiving such treatment under sec23 tions 7901 through 7904 of title 5, United States Code, 

24 or the Robert T. Stafford Disaster Relief and Emergency 

25 Assistance Act (42 U.S.C. 5121 et seq.)), unless reimmstockstill on DSK4VPTVN1PROD with BILLS

916 

•HR 3671 IH

1 bursement of the cost of such hospitalization or examina2 tion is made to the ‘‘Medical services’’ account at such 

3 rates as may be fixed by the Secretary of Veterans Affairs. 

4 SEC. 206. Appropriations available in this title for 

5 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 

6 and ‘‘Veterans insurance and indemnities’’ shall be avail7 able for payment of prior year accrued obligations re8 quired to be recorded by law against the corresponding 

9 prior year accounts within the last quarter of fiscal year 

10 2011. 

11 SEC. 207. Appropriations available in this title shall 

12 be available to pay prior year obligations of corresponding 

13 prior year appropriations accounts resulting from sections 

14 3328(a), 3334, and 3712(a) of title 31, United States 

15 Code, except that if such obligations are from trust fund 

16 accounts they shall be payable only from ‘‘Compensation 

17 and pensions’’. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 208. Notwithstanding any other provision of 

20 law, during fiscal year 2012, the Secretary of Veterans 

21 Affairs shall, from the National Service Life Insurance 

22 Fund under section 1920 of title 38, United States Code, 

23 the Veterans’ Special Life Insurance Fund under section 

24 1923 of title 38, United States Code, and the United 

25 States Government Life Insurance Fund under section 

mstockstill on DSK4VPTVN1PROD with BILLS

917 

•HR 3671 IH

1 1955 of title 38, United States Code, reimburse the ‘‘Gen2 eral operating expenses, Veterans Benefits Administra3 tion’’ and ‘‘Information technology systems’’ accounts for 

4 the cost of administration of the insurance programs fi5 nanced through those accounts: Provided, That reimburse6 ment shall be made only from the surplus earnings accu7 mulated in such an insurance program during fiscal year 

8 2012 that are available for dividends in that program after 

9 claims have been paid and actuarially determined reserves 

10 have been set aside: Provided further, That if the cost of 

11 administration of such an insurance program exceeds the 

12 amount of surplus earnings accumulated in that program, 

13 reimbursement shall be made only to the extent of such 

14 surplus earnings: Provided further, That the Secretary 

15 shall determine the cost of administration for fiscal year 

16 2012 which is properly allocable to the provision of each 

17 such insurance program and to the provision of any total 

18 disability income insurance included in that insurance pro19 gram. 

20 SEC. 209. Amounts deducted from enhanced-use 

21 lease proceeds to reimburse an account for expenses in22 curred by that account during a prior fiscal year for pro23 viding enhanced-use lease services, may be obligated dur24 ing the fiscal year in which the proceeds are received. 

mstockstill on DSK4VPTVN1PROD with BILLS

918 

•HR 3671 IH

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 210. Funds available in this title or funds for 

3 salaries and other administrative expenses shall also be 

4 available to reimburse the Office of Resolution Manage5 ment of the Department of Veterans Affairs and the Of6 fice of Employment Discrimination Complaint Adjudica7 tion under section 319 of title 38, United States Code, 

8 for all services provided at rates which will recover actual 

9 costs but not exceed $42,904,000 for the Office of Resolu10 tion Management and $3,360,000 for the Office of Em11 ployment and Discrimination Complaint Adjudication: 

12 Provided, That payments may be made in advance for 

13 services to be furnished based on estimated costs: Provided 

14 further, That amounts received shall be credited to the 

15 ‘‘General administration’’ and ‘‘Information technology 

16 systems’’ accounts for use by the office that provided the 

17 service. 

18 SEC. 211. No appropriations in this title shall be 

19 available to enter into any new lease of real property if 

20 the estimated annual rental cost is more than $1,000,000, 

21 unless the Secretary submits a report which the Commit22 tees on Appropriations of both Houses of Congress ap23 prove within 30 days following the date on which the re24 port is received. 

mstockstill on DSK4VPTVN1PROD with BILLS

919 

•HR 3671 IH

1 SEC. 212. No funds of the Department of Veterans 

2 Affairs shall be available for hospital care, nursing home 

3 care, or medical services provided to any person under 

4 chapter 17 of title 38, United States Code, for a non-serv5 ice-connected disability described in section 1729(a)(2) of 

6 such title, unless that person has disclosed to the Sec7 retary of Veterans Affairs, in such form as the Secretary 

8 may require, current, accurate third-party reimbursement 

9 information for purposes of section 1729 of such title: Pro10 vided, That the Secretary may recover, in the same man11 ner as any other debt due the United States, the reason12 able charges for such care or services from any person who 

13 does not make such disclosure as required: Provided fur14 ther, That any amounts so recovered for care or services 

15 provided in a prior fiscal year may be obligated by the 

16 Secretary during the fiscal year in which amounts are re17 ceived. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 213. Notwithstanding any other provision of 

20 law, proceeds or revenues derived from enhanced-use leas21 ing activities (including disposal) may be deposited into 

22 the ‘‘Construction, major projects’’ and ‘‘Construction, 

23 minor projects’’ accounts and be used for construction (in24 cluding site acquisition and disposition), alterations, and 

25 improvements of any medical facility under the jurisdicmstockstill on DSK4VPTVN1PROD with BILLS

920 

•HR 3671 IH

1 tion or for the use of the Department of Veterans Affairs. 

2 Such sums as realized are in addition to the amount pro3 vided for in ‘‘Construction, major projects’’ and ‘‘Con4 struction, minor projects’’. 

5 SEC. 214. Amounts made available under ‘‘Medical 

6 services’’ are available— 

7 (1) for furnishing recreational facilities, sup8 plies, and equipment; and 

9 (2) for funeral expenses, burial expenses, and 

10 other expenses incidental to funerals and burials for 

11 beneficiaries receiving care in the Department. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 215. Such sums as may be deposited to the 

14 Medical Care Collections Fund pursuant to section 1729A 

15 of title 38, United States Code, may be transferred to 

16 ‘‘Medical services’’, to remain available until expended for 

17 the purposes of that account. 

18 SEC. 216. The Secretary of Veterans Affairs may 

19 enter into agreements with Indian tribes and tribal organi20 zations which are party to the Alaska Native Health Com21 pact with the Indian Health Service, and Indian tribes and 

22 tribal organizations serving rural Alaska which have en23 tered into contracts with the Indian Health Service under 

24 the Indian Self Determination and Educational Assistance 

25 Act, to provide healthcare, including behavioral health and 

mstockstill on DSK4VPTVN1PROD with BILLS

921 

•HR 3671 IH

1 dental care. The Secretary shall require participating vet2 erans and facilities to comply with all appropriate rules 

3 and regulations, as established by the Secretary. The term 

4 ‘‘rural Alaska’’ shall mean those lands sited within the ex5 ternal boundaries of the Alaska Native regions specified 

6 in sections 7(a)(1)–(4) and (7)–(12) of the Alaska Native 

7 Claims Settlement Act, as amended (43 U.S.C. 1606), and 

8 those lands within the Alaska Native regions specified in 

9 sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims 

10 Settlement Act, as amended (43 U.S.C. 1606), which are 

11 not within the boundaries of the Municipality of Anchor12 age, the Fairbanks North Star Borough, the Kenai Penin13 sula Borough or the Matanuska Susitna Borough. 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 217. Such sums as may be deposited to the De16 partment of Veterans Affairs Capital Asset Fund pursu17 ant to section 8118 of title 38, United States Code, may 

18 be transferred to the ‘‘Construction, major projects’’ and 

19 ‘‘Construction, minor projects’’ accounts, to remain avail20 able until expended for the purposes of these accounts. 

21 SEC. 218. None of the funds made available in this 

22 title may be used to implement any policy prohibiting the 

23 Directors of the Veterans Integrated Services Networks 

24 from conducting outreach or marketing to enroll new vet25 erans within their respective Networks. 

mstockstill on DSK4VPTVN1PROD with BILLS

922 

•HR 3671 IH

1 SEC. 219. The Secretary of Veterans Affairs shall 

2 submit to the Committees on Appropriations of both 

3 Houses of Congress a quarterly report on the financial 

4 status of the Veterans Health Administration. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 220. Amounts made available under the ‘‘Med7 ical services’’, ‘‘Medical support and compliance’’, ‘‘Med8 ical facilities’’, ‘‘General operating expenses, Veterans 

9 Benefits Administration’’, ‘‘General administration’’, and 

10 ‘‘National Cemetery Administration’’ accounts for fiscal 

11 year 2012, may be transferred to or from the ‘‘Informa12 tion technology systems’’ account: Provided, That before 

13 a transfer may take place, the Secretary of Veterans Af14 fairs shall request from the Committees on Appropriations 

15 of both Houses of Congress the authority to make the 

16 transfer and an approval is issued. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 221. Amounts made available for the ‘‘Informa19 tion technology systems’’ account for development, mod20 ernization, and enhancement may be transferred between 

21 projects or to newly defined projects: Provided, That no 

22 project may be increased or decreased by more than 

23 $1,000,000 of cost prior to submitting a request to the 

24 Committees on Appropriations of both Houses of Congress 

mstockstill on DSK4VPTVN1PROD with BILLS

923 

•HR 3671 IH

1 to make the transfer and an approval is issued, or absent 

2 a response, a period of 30 days has elapsed. 

3 SEC. 222. None of the funds appropriated or other4 wise made available by this Act or any other Act for the 

5 Department of Veterans Affairs may be used in a manner 

6 that is inconsistent with: (1) section 842 of the Transpor7 tation, Treasury, Housing and Urban Development, the 

8 Judiciary, the District of Columbia, and Independent 

9 Agencies Appropriations Act, 2006 (Public Law 109–115; 

10 119 Stat. 2506); or (2) section 8110(a)(5) of title 38, 

11 United States Code. 

12 SEC. 223. Of the amounts made available to the De13 partment of Veterans Affairs for fiscal year 2012, in this 

14 Act or any other Act, under the ‘‘Medical facilities’’ ac15 count for nonrecurring maintenance, not more than 20 

16 percent of the funds made available shall be obligated dur17 ing the last 2 months of that fiscal year: Provided, That 

18 the Secretary may waive this requirement after providing 

19 written notice to the Committees on Appropriations of 

20 both Houses of Congress. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 224. Of the amounts appropriated to the De23 partment of Veterans Affairs for fiscal year 2012 for 

24 ‘‘Medical services’’, ‘‘Medical support and compliance’’, 

25 ‘‘Medical facilities’’, ‘‘Construction, minor projects’’, and 

mstockstill on DSK4VPTVN1PROD with BILLS

924 

•HR 3671 IH

1 ‘‘Information technology systems’’, up to $241,666,000, 

2 plus reimbursements, may be transferred to the Joint De3 partment of Defense—Department of Veterans Affairs 

4 Medical Facility Demonstration Fund, established by sec5 tion 1704 of the National Defense Authorization Act for 

6 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571) 

7 and may be used for operation of the facilities designated 

8 as combined Federal medical facilities as described by sec9 tion 706 of the Duncan Hunter National Defense Author10 ization Act for Fiscal Year 2009 (Public Law 110–417; 

11 122 Stat. 4500): Provided, That additional funds may be 

12 transferred from accounts designated in this section to the 

13 Joint Department of Defense—Department of Veterans 

14 Affairs Medical Facility Demonstration Fund upon writ15 ten notification by the Secretary of Veterans Affairs to 

16 the Committees on Appropriations of both Houses of Con17 gress. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 225. Such sums as may be deposited to the 

20 Medical Care Collections Fund pursuant to section 1729A 

21 of title 38, United States Code, for health care provided 

22 at facilities designated as combined Federal medical facili23 ties as described by section 706 of the Duncan Hunter 

24 National Defense Authorization Act for Fiscal Year 2009 

25 (Public Law 110–417; 122 Stat. 4500) shall also be availmstockstill on DSK4VPTVN1PROD with BILLS

925 

•HR 3671 IH

1 able: (1) for transfer to the Joint Department of De2 fense—Department of Veterans Affairs Medical Facility 

3 Demonstration Fund, established by section 1704 of the 

4 National Defense Authorization Act for Fiscal Year 2010 

5 (Public Law 111–84; 123 Stat. 3571); and (2) for oper6 ations of the facilities designated as combined Federal 

7 medical facilities as described by section 706 of the Dun8 can Hunter National Defense Authorization Act for Fiscal 

9 Year 2009 (Public Law 110–417; 122 Stat. 4500). 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 226. Of the amounts available in this title for 

12 ‘‘Medical services’’, ‘‘Medical support and compliance’’, 

13 and ‘‘Medical facilities’’, a minimum of $15,000,000, shall 

14 be transferred to the DOD-VA Health Care Sharing In15 centive Fund, as authorized by section 8111(d) of title 38, 

16 United States Code, to remain available until expended, 

17 for any purpose authorized by section 8111 of title 38, 

18 United States Code. 

19 (INCLUDING RESCISSIONS OF FUNDS)

20 SEC. 227. (a) Of the funds appropriated in title X 

21 of division B of Public Law 112–10, the following amounts 

22 which became available on October 1, 2011, are hereby 

23 rescinded from the following accounts in the amounts 

24 specified: 

mstockstill on DSK4VPTVN1PROD with BILLS

926 

•HR 3671 IH

1 (1) ‘‘Department of Veterans Affairs, Medical 

2 services’’, $1,400,000,000. 

3 (2) ‘‘Department of Veterans Affairs, Medical 

4 support and compliance’’, $100,000,000. 

5 (3) ‘‘Department of Veterans Affairs, Medical 

6 facilities’’, $250,000,000. 

7 (b) In addition to amounts provided elsewhere in this 

8 Act, an additional amount is appropriated to the following 

9 accounts in the amounts specified to remain available until 

10 September 30, 2013: 

11 (1) ‘‘Department of Veterans Affairs, Medical 

12 services’’, $1,400,000,000. 

13 (2) ‘‘Department of Veterans Affairs, Medical 

14 support and compliance’’, $100,000,000. 

15 (3) ‘‘Department of Veterans Affairs, Medical 

16 facilities’’, $250,000,000. 

17 SEC. 228. The Secretary of the Department of Vet18 erans Affairs shall notify the Committees on Appropria19 tions of both Houses of Congress of all bid savings in 

20 major construction projects that total at least $5,000,000, 

21 or 5 percent of the programmed amount of the project, 

22 whichever is less: Provided, That such notification shall 

23 occur within 14 days of a contract identifying the pro24 grammed amount: Provided further, That the Secretary 

25 shall notify the committees 14 days prior to the obligation 

mstockstill on DSK4VPTVN1PROD with BILLS

927 

•HR 3671 IH

1 of such bid savings and shall describe the anticipated use 

2 of such savings. 

3 SEC. 229. The scope of work for a project included 

4 in ‘‘Construction, major projects’’ may not be increased 

5 above the scope specified for that project in the original 

6 justification data provided to the Congress as part of the 

7 request for appropriations. 

8 SEC. 230. (a) EXCEPTION WITH RESPECT TO CON9 FIDENTIAL NATURE OF CLAIMS.—Section 5701 of title 

10 38, United States Code, is amended by adding at the end 

11 the following new subsection: 

12 ‘‘(l) Under regulations the Secretary shall prescribe, 

13 the Secretary may disclose information about a veteran 

14 or the dependent of a veteran to a State controlled sub15 stance monitoring program, including a program approved 

16 by the Secretary of Health and Human Services under 

17 section 399O of the Public Health Service Act (42 U.S.C. 

18 280g–3), to the extent necessary to prevent misuse and 

19 diversion of prescription medicines.’’. 

20 (b) EXCEPTION WITH RESPECT TO CONFIDEN21 TIALITY OF CERTAIN MEDICAL RECORDS.—Section 

22 7332(b)(2) of title 38, United States Code, is amended 

23 by adding at the end the following new subparagraph: 

24 ‘‘(G) To a State controlled substance mon25 itoring program, including a program approved 

mstockstill on DSK4VPTVN1PROD with BILLS

928 

•HR 3671 IH

1 by the Secretary of Health and Human Services 

2 under section 399O of the Public Health Serv3 ice Act (42 U.S.C. 280g–3), to the extent nec4 essary to prevent misuse and diversion of pre5 scription medicines.’’. 

6 SEC. 231. The Secretary of Veterans Affairs shall 

7 provide on a quarterly basis to the Committees on Appro8 priations of both Houses of Congress notification of any 

9 single national outreach and awareness marketing cam10 paign in which obligations exceed $2,000,000. The first 

11 report shall be submitted no later than April 15, 2012. 

12 SEC. 232. None of the funds made available by this 

13 Act may be used to declare as excess to the needs of the 

14 Department of Veterans Affairs or otherwise take any ac15 tion to exchange, trade, auction, transfer, or otherwise dis16 pose of, or reduce the acreage of, Federal land and im17 provements at the St. Albans campus, consisting of ap18 proximately 55 acres of land, with borders near Linden 

19 Boulevard on the northwest, 115th Avenue on the west, 

20 the Long Island Railroad on the northeast, and Baisley 

21 Boulevard on the southeast. 

22 SEC. 233. None of the funds made available in this 

23 Act may be used to enter into a contract using procedures 

24 that do not give to small business concerns owned and con25 trolled by veterans (as that term is defined in section 

mstockstill on DSK4VPTVN1PROD with BILLS

929 

•HR 3671 IH

1 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)) 

2 that are included in the database under section 8127(f) 

3 of title 38, United States Code, any preference available 

4 with respect to such contract, except for a preference given 

5 to small business concerns owned and controlled by serv6 ice-disabled veterans (as defined in section 3(q)(2) of the 

7 Small Business Act (15 U.S.C. 632(q)(2)). 

8 SEC. 234. Section 315(b) of title 38, United States 

9 Code, is amended by striking ‘‘December 31, 2011’’ and 

10 inserting ‘‘December 31, 2012’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

930 

•HR 3671 IH

1 TITLE III 

2 RELATED AGENCIES 

3 AMERICAN BATTLE MONUMENTS COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses, not otherwise provided for, 

6 of the American Battle Monuments Commission, including 

7 the acquisition of land or interest in land in foreign coun8 tries; purchases and repair of uniforms for caretakers of 

9 national cemeteries and monuments outside of the United 

10 States and its territories and possessions; rent of office 

11 and garage space in foreign countries; purchase (one-for12 one replacement basis only) and hire of passenger motor 

13 vehicles; not to exceed $7,500 for official reception and 

14 representation expenses; and insurance of official motor 

15 vehicles in foreign countries, when required by law of such 

16 countries, $61,100,000, to remain available until ex17 pended. 

18 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

19 For necessary expenses, not otherwise provided for, 

20 of the American Battle Monuments Commission, such 

21 sums as may be necessary, to remain available until ex22 pended, for purposes authorized by section 2109 of title 

23 36, United States Code. 

mstockstill on DSK4VPTVN1PROD with BILLS

931 

•HR 3671 IH

1 UNITED STATES COURT OF APPEALS FOR VETERANS

2 CLAIMS

3 SALARIES AND EXPENSES

4 For necessary expenses for the operation of the 

5 United States Court of Appeals for Veterans Claims as 

6 authorized by sections 7251 through 7298 of title 38, 

7 United States Code, $30,770,000: Provided, That 

8 $2,726,323 shall be available for the purpose of providing 

9 financial assistance as described, and in accordance with 

10 the process and reporting procedures set forth, under this 

11 heading in Public Law 102–229. 

12 DEPARTMENT OF DEFENSE—CIVIL

13 CEMETERIAL EXPENSES, ARMY

14 SALARIES AND EXPENSES

15 For necessary expenses, as authorized by law, for 

16 maintenance, operation, and improvement of Arlington 

17 National Cemetery and Soldiers’ and Airmen’s Home Na18 tional Cemetery, including the purchase or lease of pas19 senger motor vehicles for replacement on a one-for-one 

20 basis only, and not to exceed $1,000 for official reception 

21 and representation expenses, $45,800,000, to remain 

22 available until expended. In addition, such sums as may 

23 be necessary for parking maintenance, repairs and re24 placement, to be derived from the ‘‘Lease of Department 

25 of Defense Real Property for Defense Agencies’’ account. 

mstockstill on DSK4VPTVN1PROD with BILLS

932 

•HR 3671 IH

1 Funds appropriated under this Act may be provided 

2 to Arlington County, Virginia, for the relocation of the 

3 federally owned water main at Arlington National Ceme4 tery making additional land available for ground burials. 

5 ARMED FORCES RETIREMENT HOME

6 TRUST FUND

7 For expenses necessary for the Armed Forces Retire8 ment Home to operate and maintain the Armed Forces 

9 Retirement Home—Washington, District of Columbia, 

10 and the Armed Forces Retirement Home—Gulfport, Mis11 sissippi, to be paid from funds available in the Armed 

12 Forces Retirement Home Trust Fund, $67,700,000, of 

13 which $2,000,000 shall remain available until expended 

14 for construction and renovation of the physical plants at 

15 the Armed Forces Retirement Home—Washington, Dis16 trict of Columbia, and the Armed Forces Retirement 

17 Home—Gulfport, Mississippi. 

18 GENERAL FUND PAYMENT, ARMED FORCES RETIREMENT

19 HOME

20 For payment to the ‘‘Armed Forces Retirement 

21 Home’’, $14,630,000, to remain available until expended, 

22 for expenses necessary to mitigate structural damage sus23 tained to buildings on the Armed Forces Retirement 

24 Home—Washington, District of Columbia, campus as a 

25 result of the August 2011 earthquake. 

mstockstill on DSK4VPTVN1PROD with BILLS

933 

•HR 3671 IH

1 TITLE IV—OVERSEAS CONTINGENCY 

2 OPERATIONS 

3

4 DEPARTMENT OF DEFENSE 

5 MILITARY CONSTRUCTION, ARMY

6 For an additional amount for ‘‘Military Construction, 

7 Army’’, $80,000,000, to remain available until September 

8 30, 2012: Provided, That such amount is designated by 

9 the Congress for Overseas Contingency Operations/Global 

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

11 Balanced Budget and Emergency Deficit Control Act of 

12 1985. 

13 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

14 For an additional amount for ‘‘Military Construction, 

15 Navy and Marine Corps’’, $189,703,000, to remain avail16 able until September 30, 2012: Provided, That such 

17 amount is designated by the Congress for Overseas Con18 tingency Operations/Global War on Terrorism pursuant to 

19 section 251(b)(2)(A) of the Balanced Budget and Emer20 gency Deficit Control Act of 1985. 

21 ADMINISTRATIVE PROVISIONS

22 (INCLUDING RESCISSION OF FUNDS)

23 SEC. 401. Of the unobligated balances in title IV, di24 vision E of Public Law 111–117, $269,703,000 are hereby 

25 rescinded: Provided, That such amount is designated by 

mstockstill on DSK4VPTVN1PROD with BILLS

934 

•HR 3671 IH

1 the Congress for Overseas Contingency Operations/Global 

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

3 Balanced Budget and Emergency Deficit Control Act of 

4 1985. 

mstockstill on DSK4VPTVN1PROD with BILLS

935 

•HR 3671 IH

1 TITLE V—GENERAL PROVISIONS 

2

3 SEC. 501. No part of any appropriation contained in 

4 this Act shall remain available for obligation beyond the 

5 current fiscal year unless expressly so provided herein. 

6 SEC. 502. None of the funds made available in this 

7 Act may be used for any program, project, or activity, 

8 when it is made known to the Federal entity or official 

9 to which the funds are made available that the program, 

10 project, or activity is not in compliance with any Federal 

11 law relating to risk assessment, the protection of private 

12 property rights, or unfunded mandates. 

13 SEC. 503. Such sums as may be necessary for fiscal 

14 year 2012 for pay raises for programs funded by this Act 

15 shall be absorbed within the levels appropriated in this 

16 Act. 

17 SEC. 504. No part of any funds appropriated in this 

18 Act shall be used by an agency of the executive branch, 

19 other than for normal and recognized executive-legislative 

20 relationships, for publicity or propaganda purposes, and 

21 for the preparation, distribution, or use of any kit, pam22 phlet, booklet, publication, radio, television, or film presen23 tation designed to support or defeat legislation pending 

24 before Congress, except in presentation to Congress itself. 

mstockstill on DSK4VPTVN1PROD with BILLS

936 

•HR 3671 IH

1 SEC. 505. All departments and agencies funded under 

2 this Act are encouraged, within the limits of the existing 

3 statutory authorities and funding, to expand their use of 

4 ‘‘E–Commerce’’ technologies and procedures in the con5 duct of their business practices and public service activi6 ties. 

7 SEC. 506. Unless stated otherwise, all reports and no8 tifications required by this Act shall be submitted to the 

9 Subcommittee on Military Construction and Veterans Af10 fairs, and Related Agencies of the Committee on Appro11 priations of the House of Representatives and the Sub12 committee on Military Construction and Veterans Affairs, 

13 and Related Agencies of the Committee on Appropriations 

14 of the Senate. 

15 SEC. 507. None of the funds made available in this 

16 Act may be transferred to any department, agency, or in17 strumentality of the United States Government except 

18 pursuant to a transfer made by, or transfer authority pro19 vided in, this or any other appropriations Act. 

20 SEC. 508. None of the funds made available in this 

21 Act may be used for a project or program named for an 

22 individual serving as a Member, Delegate, or Resident 

23 Commissioner of the United States House of Representa24 tives. 

mstockstill on DSK4VPTVN1PROD with BILLS

937 

•HR 3671 IH

1 SEC. 509. (a) Any agency receiving funds made avail2 able in this Act, shall, subject to subsections (b) and (c), 

3 post on the public website of that agency any report re4 quired to be submitted by the Congress in this or any 

5 other Act, upon the determination by the head of the agen6 cy that it shall serve the national interest. 

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

8 (1) the public posting of the report com9 promises national security; or 

10 (2) the report contains confidential or propri11 etary information. 

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

13 do so only after such report has been made available to 

14 the requesting Committee or Committees of Congress for 

15 no less than 45 days. 

16 SEC. 510. (a) None of the funds made available in 

17 this Act may be used to maintain or establish a computer 

18 network unless such network blocks the viewing, 

19 downloading, and exchanging of pornography. 

20 (b) Nothing in subsection (a) shall limit the use of 

21 funds necessary for any Federal, State, tribal, or local law 

22 enforcement agency or any other entity carrying out crimi23 nal investigations, prosecution, or adjudication activities. 

24 SEC. 511. (a) IN GENERAL.—None of the funds ap25 propriated or otherwise made available to the Department 

mstockstill on DSK4VPTVN1PROD with BILLS

938 

•HR 3671 IH

1 of Defense in this Act may be used to construct, renovate, 

2 or expand any facility in the United States, its territories, 

3 or possessions to house any individual detained at United 

4 States Naval Station, Guantanamo Bay, Cuba, for the 

5 purposes of detention or imprisonment in the custody or 

6 under the control of the Department of Defense. 

7 (b) The prohibition in subsection (a) shall not apply 

8 to any modification of facilities at United States Naval 

9 Station, Guantanamo Bay, Cuba. 

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

11 individual who, as of June 24, 2009, is located at United 

12 States Naval Station, Guantanamo Bay, Cuba, and who— 

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

14 member of the Armed Forces of the United States; 

15 and 

16 (2) is— 

17 (A) in the custody or under the effective 

18 control of the Department of Defense; or 

19 (B) otherwise under detention at United 

20 States Naval Station, Guantanamo Bay, Cuba. 

21 SEC. 512. None of the funds appropriated or other22 wise made available in this Act may be used by an agency 

23 of the executive branch to pay for first-class travel by an 

24 employee of the agency in contravention of sections 301– 

mstockstill on DSK4VPTVN1PROD with BILLS

939 

•HR 3671 IH

1 10.122 through 301–10.124 of title 41, Code of Federal 

2 Regulations. 

3 SEC. 513. None of the funds provided in this Act may 

4 be used to execute a contract for goods or services, includ5 ing construction services, where the contractor has not 

6 complied with Executive Order No. 12989. 

7 SEC. 514. None of the funds made available by this 

8 Act may be used to enter into a contract, memorandum 

9 of understanding, or cooperative agreement with, or to 

10 make a grant to, any corporation that was convicted of 

11 a felony criminal violation under any Federal or State law 

12 within the preceding 24 months, where the awarding agen13 cy is aware of the conviction, unless the agency has consid14 ered suspension or debarment of the corporation and made 

15 a determination that this further action is not necessary 

16 to protect the interests of the Government. 

17 This division may be cited as the ‘‘Military Construc18 tion and Veterans Affairs, and Related Agencies Appro19 priations Act, 2012’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

940 

•HR 3671 IH

1 DIVISION I—DEPARTMENT OF STATE, 

2 FOREIGN OPERATIONS, AND RELATED 

3 PROGRAMS APPROPRIATIONS ACT, 

4 2012 

5 TITLE I 

6 DEPARTMENT OF STATE AND RELATED 

7 AGENCY 

8 DEPARTMENT OF STATE 

9 ADMINISTRATION OF FOREIGN AFFAIRS

10 DIPLOMATIC AND CONSULAR PROGRAMS

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses of the Department of State 

13 and the Foreign Service not otherwise provided for, 

14 $6,550,947,000, of which up to $1,355,000,000 is for 

15 Worldwide Security Protection (to remain available until 

16 expended): Provided, That funds made available under 

17 this heading shall be allocated as follows: 

18 (1) HUMAN RESOURCES.—For necessary ex19 penses for training, human resources management, 

20 and salaries, including employment without regard 

21 to civil service and classification laws of persons on 

22 a temporary basis (not to exceed $700,000), as au23 thorized by section 801 of the United States Infor24 mation and Educational Exchange Act of 1948, 

25 $2,277,862,000, to remain available until September 

mstockstill on DSK4VPTVN1PROD with BILLS

941 

•HR 3671 IH

1 30, 2013, of which not less than $121,814,000 shall 

2 be available only for public diplomacy American sal3 aries, and up to $203,800,000 is for Worldwide Se4 curity Protection and shall remain available until ex5 pended. 

6 (2) OVERSEAS PROGRAMS.—For necessary ex7 penses for the regional bureaus of the Department 

8 of State and overseas activities as authorized by law, 

9 $2,109,293,000, to remain available until September 

10 30, 2013, of which not less than $347,572,000 shall 

11 be available only for public diplomacy international 

12 information programs. 

13 (3) DIPLOMATIC POLICY AND SUPPORT.—For 

14 necessary expenses for the functional bureaus of the 

15 Department of State including representation to cer16 tain international organizations in which the United 

17 States participates pursuant to treaties ratified pur18 suant to the advice and consent of the Senate or 

19 specific Acts of Congress, general administration, 

20 and arms control, nonproliferation and disarmament 

21 activities as authorized, $822,513,000, to remain 

22 available until September 30, 2013. 

23 (4) SECURITY PROGRAMS.—For necessary ex24 penses for security activities, $1,341,279,000, to re25 main available until September 30, 2013, of which 

mstockstill on DSK4VPTVN1PROD with BILLS

942 

•HR 3671 IH

1 up to $1,151,200,000 is for Worldwide Security Pro2 tection and shall remain available until expended. 

3 (5) FEES AND PAYMENTS COLLECTED.—In ad4 dition to amounts otherwise made available under 

5 this heading— 

6 (A) not to exceed $1,753,991 shall be de7 rived from fees collected from other executive 

8 agencies for lease or use of facilities located at 

9 the International Center in accordance with sec10 tion 4 of the International Center Act, and, in 

11 addition, as authorized by section 5 of such 

12 Act, $520,150, to be derived from the reserve 

13 authorized by that section, to be used for the 

14 purposes set out in that section; 

15 (B) as authorized by section 810 of the 

16 United States Information and Educational Ex17 change Act, not to exceed $5,000,000, to re18 main available until expended, may be credited 

19 to this appropriation from fees or other pay20 ments received from English teaching, library, 

21 motion pictures, and publication programs and 

22 from fees from educational advising and coun23 seling and exchange visitor programs; and 

mstockstill on DSK4VPTVN1PROD with BILLS

943 

•HR 3671 IH

1 (C) not to exceed $15,000, which shall be 

2 derived from reimbursements, surcharges and 

3 fees for use of Blair House facilities. 

4 (6) TRANSFER, REPROGRAMMING, AND OTHER

5 MATTERS.— 

6 (A) Notwithstanding any provision of this 

7 Act, funds may be reprogrammed within and 

8 between subsections under this heading subject 

9 to section 7015 of this Act; 

10 (B) Of the amount made available under 

11 this heading, not to exceed $10,000,000 may be 

12 transferred to, and merged with, funds made 

13 available by this Act under the heading ‘‘Emer14 gencies in the Diplomatic and Consular Serv15 ice’’, to be available only for emergency evacu16 ations and rewards, as authorized; and 

17 (C) Funds appropriated under this heading 

18 are available for acquisition by exchange or pur19 chase of passenger motor vehicles as authorized 

20 by law and, pursuant to 31 U.S.C. 1108(g), for 

21 the field examination of programs and activities 

22 in the United States funded from any account 

23 contained in this title. 

24 (D) Of the amount made available under 

25 this heading, up to $6,000,000 may be transmstockstill on DSK4VPTVN1PROD with BILLS

944 

•HR 3671 IH

1 ferred to, and merged with, funds made avail2 able by this Act under the heading ‘‘Depart3 ment of State, Administration of Foreign Af4 fairs, Capital Investment Fund’’: Provided, 

5 That the transfer authority of this subpara6 graph is in addition to any other transfer au7 thority available to the Secretary of State. 

8 (E)(i) The headings ‘‘Civilian Stabilization 

9 Initiative’’ in titles I and II of prior acts mak10 ing appropriations for the Department of State, 

11 foreign operations, and related programs shall 

12 be renamed ‘‘Conflict Stabilization Operations’’. 

13 (ii) Of the funds appropriated under this 

14 heading, up to $35,000,000, to remain available 

15 until expended, may be transferred to, and 

16 merged with, funds previously made available 

17 under the heading ‘‘Conflict Stabilization Oper18 ations’’ in title I of prior acts making appro19 priations for the Department of State, foreign 

20 operations and related programs, as amended 

21 by subparagraph (i). 

22 (F) None of the funds appropriated under 

23 this heading may be used for the preservation 

24 of religious sites unless the Secretary of State 

25 determines and reports to the Committees on 

mstockstill on DSK4VPTVN1PROD with BILLS

945 

•HR 3671 IH

1 Appropriations that such sites are historically, 

2 artistically, or culturally significant, that the 

3 purpose of the project is neither to advance nor 

4 to inhibit the free exercise of religion, and that 

5 the project is in the national interest of the 

6 United States. 

7 CAPITAL INVESTMENT FUND

8 For necessary expenses of the Capital Investment 

9 Fund, $59,380,000, to remain available until expended, 

10 as authorized: Provided, That section 135(e) of Public 

11 Law 103–236 shall not apply to funds available under this 

12 heading. 

13 OFFICE OF INSPECTOR GENERAL

14 For necessary expenses of the Office of Inspector 

15 General, $61,904,000, notwithstanding section 209(a)(1) 

16 of the Foreign Service Act of 1980 (Public Law 96–465), 

17 as it relates to post inspections. 

18 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

19 For expenses of educational and cultural exchange 

20 programs, as authorized, $583,200,000, to remain avail21 able until expended: Provided, That not to exceed 

22 $5,000,000, to remain available until expended, may be 

23 credited to this appropriation from fees or other payments 

24 received from or in connection with English teaching, edumstockstill on DSK4VPTVN1PROD with BILLS

946 

•HR 3671 IH

1 cational advising and counseling programs, and exchange 

2 visitor programs as authorized. 

3 REPRESENTATION ALLOWANCES

4 For representation allowances as authorized, 

5 $7,300,000. 

6 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

7 For expenses, not otherwise provided, to enable the 

8 Secretary of State to provide for extraordinary protective 

9 services, as authorized, $27,000,000, to remain available 

10 until September 30, 2013. 

11 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

12 For necessary expenses for carrying out the Foreign 

13 Service Buildings Act of 1926 (22 U.S.C. 292–303), pre14 serving, maintaining, repairing, and planning for buildings 

15 that are owned or directly leased by the Department of 

16 State, renovating, in addition to funds otherwise available, 

17 the Harry S Truman Building, and carrying out the Dip18 lomatic Security Construction Program as authorized, 

19 $762,000,000, to remain available until expended as au20 thorized, of which not to exceed $25,000 may be used for 

21 domestic and overseas representation as authorized: Pro22 vided, That none of the funds appropriated in this para23 graph shall be available for acquisition of furniture, fur24 nishings, or generators for other departments and agen25 cies. 

mstockstill on DSK4VPTVN1PROD with BILLS

947 

•HR 3671 IH

1 In addition, for the costs of worldwide security up2 grades, acquisition, and construction as authorized, 

3 $775,000,000, to remain available until expended: Pro4 vided, That not later than 45 days after enactment of this 

5 Act, the Secretary of State shall submit to the Committees 

6 on Appropriations the proposed allocation of funds made 

7 available under this heading and the actual and antici8 pated proceeds of sales for all projects in fiscal year 2012. 

9 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

10 SERVICE

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses to enable the Secretary of 

13 State to meet unforeseen emergencies arising in the Diplo14 matic and Consular Service, $9,300,000, to remain avail15 able until expended as authorized, of which not to exceed 

16 $1,000,000 may be transferred to, and merged with, funds 

17 appropriated by this Act under the heading ‘‘Repatriation 

18 Loans Program Account’’, subject to the same terms and 

19 conditions. 

20 REPATRIATION LOANS PROGRAM ACCOUNT

21 (INCLUDING TRANSFER OF FUNDS)

22 For the cost of direct loans, $1,447,000, as author23 ized, of which $710,000 may be made available for admin24 istrative expenses necessary to carry out the direct loan 

25 program and may be paid to ‘‘Diplomatic and Consular 

mstockstill on DSK4VPTVN1PROD with BILLS

948 

•HR 3671 IH

1 Programs’’: Provided, That such costs, including the cost 

2 of modifying such loans, shall be as defined in section 502 

3 of the Congressional Budget Act of 1974. 

4 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

5 For necessary expenses to carry out the Taiwan Rela6 tions Act (Public Law 96–8), $21,108,000. 

7 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

8 DISABILITY FUND

9 For payment to the Foreign Service Retirement and 

10 Disability Fund, as authorized, $158,900,000. 

11 INTERNATIONAL ORGANIZATIONS

12 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

13 For necessary expenses, not otherwise provided for, 

14 to meet annual obligations of membership in international 

15 multilateral organizations, pursuant to treaties ratified 

16 pursuant to the advice and consent of the Senate, conven17 tions or specific Acts of Congress, $1,449,700,000: Pro18 vided, That the Secretary of State shall, at the time of 

19 the submission of the President’s budget to Congress 

20 under section 1105(a) of title 31, United States Code, 

21 transmit to the Committees on Appropriations the most 

22 recent biennial budget prepared by the United Nations for 

23 the operations of the United Nations: Provided further, 

24 That the Secretary of State shall notify the Committees 

25 on Appropriations at least 15 days in advance (or in an 

mstockstill on DSK4VPTVN1PROD with BILLS

949 

•HR 3671 IH

1 emergency, as far in advance as is practicable) of any 

2 United Nations action to increase funding for any United 

3 Nations program without identifying an offsetting de4 crease elsewhere in the United Nations budget: Provided 

5 further, That the Secretary of State shall report to the 

6 Committees on Appropriations not later than May 1, 

7 2012, on any credits available to the United States from 

8 the United Nations Tax Equalization Fund (TEF) and 

9 provide updated fiscal year 2013 assessment costs includ10 ing offsets from available TEF credits and updated for11 eign currency exchange rates: Provided further, That any 

12 such credits shall only be available for United States as13 sessed contributions to the United Nations and shall be 

14 subject to the regular notification procedures of the Com15 mittees on Appropriations: Provided further, That any 

16 payment of arrearages under this heading shall be directed 

17 toward activities that are mutually agreed upon by the 

18 United States and the respective international organiza19 tion: Provided further, That none of the funds appro20 priated under this heading shall be available for a United 

21 States contribution to an international organization for 

22 the United States share of interest costs made known to 

23 the United States Government by such organization for 

24 loans incurred on or after October 1, 1984, through exter25 nal borrowings. 

mstockstill on DSK4VPTVN1PROD with BILLS

950 

•HR 3671 IH

1 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

2 ACTIVITIES

3 For necessary expenses to pay assessed and other ex4 penses of international peacekeeping activities directed to 

5 the maintenance or restoration of international peace and 

6 security, $1,828,182,000, of which 15 percent shall re7 main available until September 30, 2013: Provided, That 

8 none of the funds made available by this Act shall be obli9 gated or expended for any new or expanded United Na10 tions peacekeeping mission unless, at least 15 days in ad11 vance of voting for the new or expanded mission in the 

12 United Nations Security Council (or in an emergency as 

13 far in advance as is practicable), the Committees on Ap14 propriations are notified: (1) of the estimated cost and du15 ration of the mission, the national interest that will be 

16 served, and the exit strategy; (2) that the United Nations 

17 has taken necessary measures to prevent United Nations 

18 employees, contractor personnel, and peacekeeping troops 

19 serving in the mission from trafficking in persons, exploit20 ing victims of trafficking, or committing acts of illegal sex21 ual exploitation or other violations of human rights, and 

22 to bring to justice individuals who engage in such acts 

23 while participating in the peacekeeping mission, including 

24 prosecution in their home countries of such individuals in 

25 connection with such acts, and to make information about 

mstockstill on DSK4VPTVN1PROD with BILLS

951 

•HR 3671 IH

1 such cases publicly available in the country where an al2 leged crime occurs and on the United Nations’ Web site; 

3 and (3) pursuant to section 7015 of this Act, and the pro4 cedures therein followed, setting forth the source of funds 

5 that will be used to pay the cost of the new or expanded 

6 mission: Provided further, That funds shall be available 

7 for peacekeeping expenses unless the Secretary of State 

8 determines that American manufacturers and suppliers 

9 are not being given opportunities to provide equipment, 

10 services, and material for United Nations peacekeeping ac11 tivities equal to those being given to foreign manufacturers 

12 and suppliers: Provided further, That the Secretary of 

13 State shall work with the United Nations and governments 

14 contributing peacekeeping troops to develop effective vet15 ting procedures to ensure that such troops have not vio16 lated human rights: Provided further, That none of the 

17 funds appropriated or otherwise made available under this 

18 heading may be used for any United Nations peacekeeping 

19 mission that will involve United States Armed Forces 

20 under the command or operational control of a foreign na21 tional, unless the President’s military advisors have sub22 mitted to the President a recommendation that such in23 volvement is in the national interests of the United States 

24 and the President has submitted to the Congress such a 

25 recommendation: Provided further, That notwithstanding 

mstockstill on DSK4VPTVN1PROD with BILLS

952 

•HR 3671 IH

1 any other provision of law, funds appropriated or other2 wise made available under this heading shall be available 

3 for United States assessed contributions up to the amount 

4 specified in Annex IV accompanying United Nations Gen5 eral Assembly Resolution 64/220: Provided further, That 

6 such funds may be made available above the amount au7 thorized in section 404(b)(2)(B) of the Foreign Relations 

8 Authorization Act, fiscal years 1994 and 1995 (22 U.S.C. 

9 287e note) only if the Secretary of State determines and 

10 reports to the Committees on Appropriations, the Com11 mittee on Foreign Affairs of the House of Representatives, 

12 and the Committee on Foreign Relations of the Senate 

13 that it is important to the national interest of the United 

14 States: Provided further, That the Secretary of State shall 

15 report to the Committees on Appropriations not later than 

16 May 1, 2012, of any credits available to the United States 

17 resulting from United Nations peacekeeping missions or 

18 the United Nations Tax Equalization Fund: Provided fur19 ther, That any such credits shall only be available for 

20 United States assessed contributions to the United Na21 tions and shall be subject to the regular notification proce22 dures of the Committees on Appropriations. 

mstockstill on DSK4VPTVN1PROD with BILLS

953 

•HR 3671 IH

1 INTERNATIONAL COMMISSIONS

2 For necessary expenses, not otherwise provided for, 

3 to meet obligations of the United States arising under 

4 treaties, or specific Acts of Congress, as follows: 

5 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 

6 UNITED STATES AND MEXICO

7 For necessary expenses for the United States Section 

8 of the International Boundary and Water Commission, 

9 United States and Mexico, and to comply with laws appli10 cable to the United States Section, including not to exceed 

11 $6,000 for representation; as follows: 

12 SALARIES AND EXPENSES

13 For salaries and expenses, not otherwise provided for, 

14 $44,722,000. 

15 CONSTRUCTION

16 For detailed plan preparation and construction of au17 thorized projects, $31,453,000, to remain available until 

18 expended, as authorized. 

19 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

20 For necessary expenses, not otherwise provided, for 

21 the International Joint Commission and the International 

22 Boundary Commission, United States and Canada, as au23 thorized by treaties between the United States and Can24 ada or Great Britain, and the Border Environment Co25 operation Commission as authorized by Public Law 103– 

mstockstill on DSK4VPTVN1PROD with BILLS

954 

•HR 3671 IH

1 182, $11,687,000: Provided, That of the amount provided 

2 under this heading for the International Joint Commis3 sion, $9,000 may be made available for representation ex4 penses. 

5 INTERNATIONAL FISHERIES COMMISSIONS

6 For necessary expenses for international fisheries 

7 commissions, not otherwise provided for, as authorized by 

8 law, $36,300,000: Provided, That the United States share 

9 of such expenses may be advanced to the respective com10 missions pursuant to 31 U.S.C. 3324. 

11 RELATED AGENCY 

12 BROADCASTING BOARD OF GOVERNORS

13 INTERNATIONAL BROADCASTING OPERATIONS

14 For necessary expenses to enable the Broadcasting 

15 Board of Governors (BBG), as authorized, to carry out 

16 international communication activities, and to make and 

17 supervise grants for radio and television broadcasting to 

18 the Middle East, $740,100,000: Provided, That funds ap19 propriated under this heading shall be made available to 

20 expand unrestricted access to information on the Internet 

21 through the development and use of circumvention and se22 cure communication technologies: Provided further, That 

23 the circumvention technologies and programs supported 

24 by such funds shall undergo a review, to include an assess25 ment of protections against such technologies being used 

mstockstill on DSK4VPTVN1PROD with BILLS

955 

•HR 3671 IH

1 for illicit purposes: Provided further, That the BBG shall 

2 coordinate the development and use of such technologies 

3 with the Secretary of State, as appropriate: Provided fur4 ther, That of the total amount appropriated under this 

5 heading, not to exceed $16,000 may be used for official 

6 receptions within the United States as authorized, not to 

7 exceed $35,000 may be used for representation abroad as 

8 authorized, and not to exceed $39,000 may be used for 

9 official reception and representation expenses of Radio 

10 Free Europe/Radio Liberty: Provided further, That the au11 thority provided by section 504(c) of the Foreign Relations 

12 Authorization Act, Fiscal Year 2003 (Public Law 107– 

13 228; 22 U.S.C. 6206 note) shall remain in effect through 

14 September 30, 2012: Provided further, That the BBG 

15 shall notify the Committees on Appropriations within 15 

16 days of any determination by the Board that any of its 

17 broadcast entities, including its grantee organizations, 

18 provides an open platform for international terrorists or 

19 those who support international terrorism, or is in viola20 tion of the principles and standards set forth in the United 

21 States International Broadcasting Act of 1994 (22 U.S.C. 

22 6202(a) and (b)) or the entity’s journalistic code of ethics: 

23 Provided further, That significant modifications to BBG 

24 broadcast hours previously justified to Congress, including 

25 changes to transmission platforms (shortwave, medium 

mstockstill on DSK4VPTVN1PROD with BILLS

956 

•HR 3671 IH

1 wave, satellite, Internet, and television), for all BBG lan2 guage services shall be subject to the regular notification 

3 procedures of the Committees on Appropriations: Provided 

4 further, That in addition to funds made available under 

5 this heading, and notwithstanding any other provision of 

6 law, up to $2,000,000 in receipts from advertising and 

7 revenue from business ventures, up to $500,000 in re8 ceipts from cooperating international organizations, and 

9 up to $1,000,000 in receipts from privatization efforts of 

10 the Voice of America and the International Broadcasting 

11 Bureau, to remain available until expended for carrying 

12 out authorized purposes. 

13 BROADCASTING CAPITAL IMPROVEMENTS

14 For the purchase, rent, construction, and improve15 ment of facilities for radio and television transmission and 

16 reception, and purchase and installation of necessary 

17 equipment for radio and television transmission and recep18 tion, including to Cuba, as authorized, $7,030,000, to re19 main available until expended, as authorized. 

20 RELATED PROGRAMS 

21 THE ASIA FOUNDATION

22 For a grant to The Asia Foundation, as authorized 

23 by The Asia Foundation Act (22 U.S.C. 4402), 

24 $17,000,000, to remain available until expended, as au25 thorized. 

mstockstill on DSK4VPTVN1PROD with BILLS

957 

•HR 3671 IH

1 UNITED STATES INSTITUTE OF PEACE

2 For necessary expenses of the United States Institute 

3 of Peace, as authorized by the United States Institute of 

4 Peace Act, $30,589,000, to remain available until Sep5 tember 30, 2013, which shall not be used for construction 

6 activities. 

7 CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

8 TRUST FUND

9 For necessary expenses of the Center for Middle 

10 Eastern-Western Dialogue Trust Fund, as authorized by 

11 section 633 of the Departments of Commerce, Justice, and 

12 State, the Judiciary, and Related Agencies Appropriations 

13 Act, 2004 (22 U.S.C. 2078), the total amount of the inter14 est and earnings accruing to such Fund on or before Sep15 tember 30, 2012, to remain available until expended. 

16 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

17 For necessary expenses of Eisenhower Exchange Fel18 lowships, Incorporated, as authorized by sections 4 and 

19 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 

20 U.S.C. 5204–5205), all interest and earnings accruing to 

21 the Eisenhower Exchange Fellowship Program Trust 

22 Fund on or before September 30, 2012, to remain avail23 able until expended: Provided, That none of the funds ap24 propriated herein shall be used to pay any salary or other 

25 compensation, or to enter into any contract providing for 

mstockstill on DSK4VPTVN1PROD with BILLS

958 

•HR 3671 IH

1 the payment thereof, in excess of the rate authorized by 

2 5 U.S.C. 5376; or for purposes which are not in accord3 ance with OMB Circulars A–110 (Uniform Administrative 

4 Requirements) and A–122 (Cost Principles for Non-profit 

5 Organizations), including the restrictions on compensation 

6 for personal services. 

7 ISRAELI ARAB SCHOLARSHIP PROGRAM

8 For necessary expenses of the Israeli Arab Scholar9 ship Program, as authorized by section 214 of the Foreign 

10 Relations Authorization Act, Fiscal Years 1992 and 1993 

11 (22 U.S.C. 2452), all interest and earnings accruing to 

12 the Israeli Arab Scholarship Fund on or before September 

13 30, 2012, to remain available until expended. 

14 EAST-WEST CENTER

15 To enable the Secretary of State to provide for car16 rying out the provisions of the Center for Cultural and 

17 Technical Interchange Between East and West Act of 

18 1960, by grant to the Center for Cultural and Technical 

19 Interchange Between East and West in the State of Ha20 waii, $16,700,000: Provided, That none of the funds ap21 propriated herein shall be used to pay any salary, or enter 

22 into any contract providing for the payment thereof, in 

23 excess of the rate authorized by 5 U.S.C. 5376. 

mstockstill on DSK4VPTVN1PROD with BILLS

959 

•HR 3671 IH

1 NATIONAL ENDOWMENT FOR DEMOCRACY

2 For grants made by the Department of State to the 

3 National Endowment for Democracy, as authorized by the 

4 National Endowment for Democracy Act, $117,764,000, 

5 to remain available until expended, of which $100,000,000 

6 shall be allocated in the traditional and customary man7 ner, including for the core institutes, and $17,764,000 

8 shall be for democracy, human rights, and rule of law pro9 grams: Provided, That the President of the National En10 dowment for Democracy shall submit to the Committees 

11 on Appropriations not later than 45 days after the date 

12 of enactment of this Act a report on the proposed uses 

13 of funds under this heading on a regional and country 

14 basis. 

15 OTHER COMMISSIONS 

16 COMMISSION FOR THE PRESERVATION OF AMERICA’S

17 HERITAGE ABROAD

18 SALARIES AND EXPENSES

19 For necessary expenses for the Commission for the 

20 Preservation of America’s Heritage Abroad, $634,000, as 

21 authorized by section 1303 of Public Law 99–83. 

mstockstill on DSK4VPTVN1PROD with BILLS

960 

•HR 3671 IH

1 UNITED STATES COMMISSION ON INTERNATIONAL

2 RELIGIOUS FREEDOM

3 SALARIES AND EXPENSES

4 For necessary expenses for the United States Com5 mission on International Religious Freedom, as authorized 

6 by title II of the International Religious Freedom Act of 

7 1998 (Public Law 105–292), $3,000,000, to remain avail8 able until September 30, 2013: Provided, That section 209 

9 of the International Religious Freedom Act of 1998 (22 

10 U.S.C. 6436) shall be applied by substituting ‘‘September 

11 30, 2012’’ for ‘‘September 30, 2011’’: Provided further, 

12 That notwithstanding the expenditure limitation specified 

13 in section 208(c)(1) of such Act (22 U.S.C. 6435a(c)(1)), 

14 the Commission may expend up to $250,000 of the funds 

15 made available under this heading to procure temporary 

16 and intermittent services under the authority of section 

17 3109(b) of title 5, United States Code: Provided further, 

18 That travel by members and staff of the Commission shall 

19 be arranged and conducted under the rules and procedures 

20 applying to travel by members and staff of the House of 

21 Representatives: Provided further, That for the purposes 

22 of employment rights, any employee of the Commission 

23 shall be considered to be a congressional employee as de24 fined in section 2107 of title 5, United States Code and 

mstockstill on DSK4VPTVN1PROD with BILLS

961 

•HR 3671 IH

1 the Commission shall be treated as a congressional em2 ploying office. 

3 COMMISSION ON SECURITY AND COOPERATION IN

4 EUROPE

5 SALARIES AND EXPENSES

6 For necessary expenses of the Commission on Secu7 rity and Cooperation in Europe, as authorized by Public 

8 Law 94–304, $2,715,000, to remain available until Sep9 tember 30, 2013. 

10 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE

11 PEOPLE’S REPUBLIC OF CHINA

12 SALARIES AND EXPENSES

13 For necessary expenses of the Congressional-Execu14 tive Commission on the People’s Republic of China, as au15 thorized by title III of the U.S.-China Relations Act of 

16 2000 (22 U.S.C. 6911–6919), $1,996,000, including not 

17 more than $3,000 for the purpose of official representa18 tion, to remain available until September 30, 2013. 

19 UNITED STATES-CHINA ECONOMIC AND SECURITY

20 REVIEW COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the United States-China 

23 Economic and Security Review Commission, as authorized 

24 by section 1238 of the Floyd D. Spence National Defense 

25 Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), 

mstockstill on DSK4VPTVN1PROD with BILLS

962 

•HR 3671 IH

1 $3,493,000, including not more than $4,000 for the pur2 pose of official representation, to remain available until 

3 September 30, 2013: Provided, That the authorities, re4 quirements, limitations, and conditions contained in the 

5 second through sixth provisos under this heading in divi6 sion F of Public Law 111–117 shall continue in effect dur7 ing fiscal year 2012 and shall apply to funds appropriated 

8 under this heading as if included in this Act. 

mstockstill on DSK4VPTVN1PROD with BILLS

963 

•HR 3671 IH

1 TITLE II 

2 UNITED STATES AGENCY FOR INTERNATIONAL 

3 DEVELOPMENT 

4 FUNDS APPROPRIATED TO THE PRESIDENT

5 OPERATING EXPENSES

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses to carry out the provisions 

8 of section 667 of the Foreign Assistance Act of 1961, 

9 $1,092,300,000, to remain available until September 30, 

10 2013, of which not less than $25,000,000 should be for 

11 costs associated with procurement reform: Provided, That 

12 none of the funds appropriated under this heading and 

13 under the heading ‘‘Capital Investment Fund’’ in this title 

14 may be made available to finance the construction (includ15 ing architect and engineering services), purchase, or long16 term lease of offices for use by the United States Agency 

17 for International Development (USAID), unless the 

18 USAID Administrator has identified such proposed use of 

19 funds in a report submitted to the Committees on Appro20 priations at least 15 days prior to the obligation of funds 

21 for such purposes: Provided further, That contracts or 

22 agreements entered into with funds appropriated under 

23 this heading during fiscal year 2013 may entail commit24 ments for the expenditure of such funds through the fol25 lowing fiscal year: Provided further, That any decision to 

mstockstill on DSK4VPTVN1PROD with BILLS

964 

•HR 3671 IH

1 open a new or reorganized USAID mission, bureau, cen2 ter, or office or, except where there is a substantial secu3 rity risk to mission personnel, to close or significantly re4 duce the number of personnel of any such mission or of5 fice, shall be subject to the regular notification procedures 

6 of the Committees on Appropriations: Provided further, 

7 That the authority of sections 610 and 109 of the Foreign 

8 Assistance Act of 1961 may be exercised by the Secretary 

9 of State to transfer funds appropriated to carry out chap10 ter 1 of part I of such Act to ‘‘Operating Expenses’’ in 

11 accordance with the provisions of those sections: Provided 

12 further, That any reprogramming of funds in excess of 

13 $1,000,000 or 10 percent, whichever is less, to the cost 

14 categories in the table included under this heading in the 

15 explanatory statement described in section 4 (in the mat16 ter preceding division A of this consolidated Act) for funds 

17 appropriated under this heading, shall be subject to the 

18 regular notification procedures of the Committees on Ap19 propriations: Provided further, That of the funds appro20 priated or made available under this heading, not to ex21 ceed $250,000 may be available for representation and en22 tertainment allowances, of which not to exceed $5,000 

23 may be available for entertainment allowances, for USAID 

24 during the current fiscal year: Provided further, That no 

25 such entertainment funds may be used for the purposes 

mstockstill on DSK4VPTVN1PROD with BILLS

965 

•HR 3671 IH

1 listed in section 7020 of this Act: Provided further, That 

2 appropriate steps shall be taken to assure that, to the 

3 maximum extent possible, United States-owned foreign 

4 currencies are utilized in lieu of dollars. 

5 CAPITAL INVESTMENT FUND

6 For necessary expenses for overseas construction and 

7 related costs, and for the procurement and enhancement 

8 of information technology and related capital investments, 

9 pursuant to section 667 of the Foreign Assistance Act of 

10 1961, $129,700,000, to remain available until expended: 

11 Provided, That this amount is in addition to funds other12 wise available for such purposes: Provided further, That 

13 funds appropriated under this heading shall be available 

14 for obligation only pursuant to the regular notification 

15 procedures of the Committees on Appropriations. 

16 OFFICE OF INSPECTOR GENERAL

17 For necessary expenses to carry out the provisions 

18 of section 667 of the Foreign Assistance Act of 1961, 

19 $46,500,000, to remain available until September 30, 

20 2013, which sum shall be available for the Office of In21 spector General of the United States Agency for Inter22 national Development. 

mstockstill on DSK4VPTVN1PROD with BILLS

966 

•HR 3671 IH

1 TITLE III 

2 BILATERAL ECONOMIC ASSISTANCE 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 For necessary expenses to enable the President to 

5 carry out the provisions of the Foreign Assistance Act of 

6 1961, and for other purposes, as follows: 

7 GLOBAL HEALTH PROGRAMS

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses to carry out the provisions 

10 of chapters 1 and 10 of part I of the Foreign Assistance 

11 Act of 1961, for global health activities, in addition to 

12 funds otherwise available for such purposes, 

13 $2,625,000,000, to remain available until September 30, 

14 2013, and which shall be apportioned directly to the 

15 United States Agency for International Development 

16 (USAID): Provided, That this amount shall be made avail17 able for training, equipment, and technical assistance to 

18 build the capacity of public health institutions and organi19 zations in developing countries, and for such activities as: 

20 (1) child survival and maternal health programs; (2) im21 munization and oral rehydration programs; (3) other 

22 health, nutrition, water and sanitation programs which di23 rectly address the needs of mothers and children, and re24 lated education programs; (4) assistance for children dis25 placed or orphaned by causes other than AIDS; (5) promstockstill on DSK4VPTVN1PROD with BILLS

967 

•HR 3671 IH

1 grams for the prevention, treatment, control of, and re2 search on HIV/AIDS, tuberculosis, polio, malaria, and 

3 other infectious diseases including neglected tropical dis4 eases, and for assistance to communities severely affected 

5 by HIV/AIDS, including children infected or affected by 

6 AIDS; and (6) family planning/reproductive health: Pro7 vided further, That funds appropriated under this para8 graph may be made available for a United States contribu9 tion to the GAVI Alliance: Provided further, That none 

10 of the funds made available in this Act nor any unobli11 gated balances from prior appropriations Acts may be 

12 made available to any organization or program which, as 

13 determined by the President of the United States, sup14 ports or participates in the management of a program of 

15 coercive abortion or involuntary sterilization: Provided fur16 ther, That any determination made under the previous 

17 proviso must be made no later than 6 months after the 

18 date of enactment of this Act, and must be accompanied 

19 by the evidence and criteria utilized to make the deter20 mination: Provided further, That none of the funds made 

21 available under this Act may be used to pay for the per22 formance of abortion as a method of family planning or 

23 to motivate or coerce any person to practice abortions: 

24 Provided further, That nothing in this paragraph shall be 

25 construed to alter any existing statutory prohibitions 

mstockstill on DSK4VPTVN1PROD with BILLS

968 

•HR 3671 IH

1 against abortion under section 104 of the Foreign Assist2 ance Act of 1961: Provided further, That none of the funds 

3 made available under this Act may be used to lobby for 

4 or against abortion: Provided further, That in order to re5 duce reliance on abortion in developing nations, funds 

6 shall be available only to voluntary family planning 

7 projects which offer, either directly or through referral to, 

8 or information about access to, a broad range of family 

9 planning methods and services, and that any such vol10 untary family planning project shall meet the following re11 quirements: (1) service providers or referral agents in the 

12 project shall not implement or be subject to quotas, or 

13 other numerical targets, of total number of births, number 

14 of family planning acceptors, or acceptors of a particular 

15 method of family planning (this provision shall not be con16 strued to include the use of quantitative estimates or indi17 cators for budgeting and planning purposes); (2) the 

18 project shall not include payment of incentives, bribes, 

19 gratuities, or financial reward to: (A) an individual in ex20 change for becoming a family planning acceptor; or (B) 

21 program personnel for achieving a numerical target or 

22 quota of total number of births, number of family planning 

23 acceptors, or acceptors of a particular method of family 

24 planning; (3) the project shall not deny any right or ben25 efit, including the right of access to participate in any promstockstill on DSK4VPTVN1PROD with BILLS

969 

•HR 3671 IH

1 gram of general welfare or the right of access to health 

2 care, as a consequence of any individual’s decision not to 

3 accept family planning services; (4) the project shall pro4 vide family planning acceptors comprehensible information 

5 on the health benefits and risks of the method chosen, in6 cluding those conditions that might render the use of the 

7 method inadvisable and those adverse side effects known 

8 to be consequent to the use of the method; and (5) the 

9 project shall ensure that experimental contraceptive drugs 

10 and devices and medical procedures are provided only in 

11 the context of a scientific study in which participants are 

12 advised of potential risks and benefits; and, not less than 

13 60 days after the date on which the USAID Administrator 

14 determines that there has been a violation of the require15 ments contained in paragraph (1), (2), (3), or (5) of this 

16 proviso, or a pattern or practice of violations of the re17 quirements contained in paragraph (4) of this proviso, the 

18 Administrator shall submit to the Committees on Appro19 priations a report containing a description of such viola20 tion and the corrective action taken by the Agency: Pro21 vided further, That in awarding grants for natural family 

22 planning under section 104 of the Foreign Assistance Act 

23 of 1961 no applicant shall be discriminated against be24 cause of such applicant’s religious or conscientious com25 mitment to offer only natural family planning; and, addimstockstill on DSK4VPTVN1PROD with BILLS

970 

•HR 3671 IH

1 tionally, all such applicants shall comply with the require2 ments of the previous proviso: Provided further, That for 

3 purposes of this or any other Act authorizing or appro4 priating funds for the Department of State, foreign oper5 ations, and related programs, the term ‘‘motivate’’, as it 

6 relates to family planning assistance, shall not be con7 strued to prohibit the provision, consistent with local law, 

8 of information or counseling about all pregnancy options: 

9 Provided further, That information provided about the use 

10 of condoms as part of projects or activities that are funded 

11 from amounts appropriated by this Act shall be medically 

12 accurate and shall include the public health benefits and 

13 failure rates of such use. 

14 In addition, for necessary expenses to carry out the 

15 provisions of the Foreign Assistance Act of 1961 for the 

16 prevention, treatment, and control of, and research on, 

17 HIV/AIDS, $5,542,860,000, to remain available until 

18 September 30, 2016, which shall be apportioned directly 

19 to the Department of State: Provided, That funds appro20 priated under this paragraph may be made available, not21 withstanding any other provision of law, except for the 

22 United States Leadership Against HIV/AIDS, Tuber23 culosis and Malaria Act of 2003 (Public Law 108–25), 

24 as amended, for a United States contribution to the Global 

25 Fund to Fight AIDS, Tuberculosis and Malaria (Global 

mstockstill on DSK4VPTVN1PROD with BILLS

971 

•HR 3671 IH

1 Fund), and shall be expended at the minimum rate nec2 essary to make timely payment for projects and activities: 

3 Provided further, That the amount of such contribution 

4 should be $1,050,000,000: Provided further, That up to 

5 5 percent of the aggregate amount of funds made available 

6 to the Global Fund in fiscal year 2012 may be made avail7 able to USAID for technical assistance related to the ac8 tivities of the Global Fund: Provided further, That of the 

9 funds appropriated under this paragraph, up to 

10 $14,250,000 may be made available, in addition to 

11 amounts otherwise available for such purposes, for admin12 istrative expenses of the Office of the United States Global 

13 AIDS Coordinator. 

14 DEVELOPMENT ASSISTANCE

15 For necessary expenses to carry out the provisions 

16 of sections 103, 105, 106, 214, and sections 251 through 

17 255, and chapter 10 of part I of the Foreign Assistance 

18 Act of 1961, $2,519,950,000, to remain available until 

19 September 30, 2013: Provided, That relevant bureaus and 

20 offices of the United States Agency for International De21 velopment (USAID) that support cross-cutting develop22 ment programs shall coordinate such programs on a reg23 ular basis: Provided further, That of the funds appro24 priated under this heading, not less than $23,000,000 

25 shall be made available for the American Schools and Hosmstockstill on DSK4VPTVN1PROD with BILLS

972 

•HR 3671 IH

1 pitals Abroad program, and not less than $10,000,000 

2 shall be made available for USAID cooperative develop3 ment programs within the Office of Private and Voluntary 

4 Cooperation. 

5 INTERNATIONAL DISASTER ASSISTANCE

6 For necessary expenses to carry out the provisions 

7 of section 491 of the Foreign Assistance Act of 1961 for 

8 international disaster relief, rehabilitation, and recon9 struction assistance, $825,000,000, to remain available 

10 until expended. 

11 TRANSITION INITIATIVES

12 For necessary expenses for international disaster re13 habilitation and reconstruction assistance pursuant to sec14 tion 491 of the Foreign Assistance Act of 1961, 

15 $50,141,000, to remain available until expended, to sup16 port transition to democracy and to long-term develop17 ment of countries in crisis: Provided, That such support 

18 may include assistance to develop, strengthen, or preserve 

19 democratic institutions and processes, revitalize basic in20 frastructure, and foster the peaceful resolution of conflict: 

21 Provided further, That the United States Agency for Inter22 national Development shall submit a report to the Com23 mittees on Appropriations at least 5 days prior to begin24 ning a new program of assistance: Provided further, That 

25 if the Secretary of State determines that it is important 

mstockstill on DSK4VPTVN1PROD with BILLS

973 

•HR 3671 IH

1 to the national interests of the United States to provide 

2 transition assistance in excess of the amount appropriated 

3 under this heading, up to $15,000,000 of the funds appro4 priated by this Act to carry out the provisions of part I 

5 of the Foreign Assistance Act of 1961 may be used for 

6 purposes of this heading and under the authorities appli7 cable to funds appropriated under this heading: Provided 

8 further, That funds made available pursuant to the pre9 vious proviso shall be made available subject to prior con10 sultation with the Committees on Appropriations. 

11 COMPLEX CRISES FUND

12 For necessary expenses to carry out the provisions 

13 of the Foreign Assistance Act of 1961 to enable the Ad14 ministrator of the United States Agency for International 

15 Development (USAID), in consultation with the Secretary 

16 of State, to support programs and activities to prevent or 

17 respond to emerging or unforeseen complex crises over18 seas, $10,000,000, to remain available until expended: 

19 Provided, That funds appropriated under this heading 

20 may be made available on such terms and conditions as 

21 the USAID Administrator may determine, in consultation 

22 with the Committees on Appropriations, for the purposes 

23 of preventing or responding to such crises, except that no 

24 funds shall be made available to respond to natural disas25 ters: Provided further, That funds appropriated under this 

mstockstill on DSK4VPTVN1PROD with BILLS

974 

•HR 3671 IH

1 heading may be made available notwithstanding any other 

2 provision of law, except sections 7007, 7008, and 7018 

3 of this Act and section 620M of the Foreign Assistance 

4 Act of 1961, as amended by this Act: Provided further, 

5 That funds appropriated under this heading shall be sub6 ject to the regular notification procedures of the Commit7 tees on Appropriations, except that such notifications shall 

8 be transmitted at least 5 days in advance of the obligation 

9 of funds. 

10 DEVELOPMENT CREDIT AUTHORITY

11 (INCLUDING TRANSFER OF FUNDS)

12 For the cost of direct loans and loan guarantees pro13 vided by the United States Agency for International De14 velopment, as authorized by sections 256 and 635 of the 

15 Foreign Assistance Act of 1961, up to $40,000,000 may 

16 be derived by transfer from funds appropriated by this Act 

17 to carry out part I of such Act and under the heading 

18 ‘‘Assistance for Europe, Eurasia and Central Asia’’: Pro19 vided, That funds provided under this paragraph and 

20 funds provided as a gift pursuant to section 635(d) of the 

21 Foreign Assistance Act of 1961 shall be made available 

22 only for micro and small enterprise programs, urban pro23 grams, and other programs which further the purposes of 

24 part I of such Act: Provided further, That such costs, in25 cluding the cost of modifying such direct and guaranteed 

mstockstill on DSK4VPTVN1PROD with BILLS

975 

•HR 3671 IH

1 loans, shall be as defined in section 502 of the Congres2 sional Budget Act of 1974, as amended: Provided further, 

3 That funds made available by this paragraph may be used 

4 for the cost of modifying any such guaranteed loans under 

5 this Act or prior Acts, and funds used for such costs shall 

6 be subject to the regular notification procedures of the 

7 Committees on Appropriations: Provided further, That the 

8 provisions of section 107A(d) (relating to general provi9 sions applicable to the Development Credit Authority) of 

10 the Foreign Assistance Act of 1961, as contained in sec11 tion 306 of H.R. 1486 as reported by the House Com12 mittee on International Relations on May 9, 1997, shall 

13 be applicable to direct loans and loan guarantees provided 

14 under this heading, except that the principal amount of 

15 loans made or guaranteed under this heading with respect 

16 to any single country shall not exceed $300,000,000: Pro17 vided further, That these funds are available to subsidize 

18 total loan principal, any portion of which is to be guaran19 teed, of up to $750,000,000. 

20 In addition, for administrative expenses to carry out 

21 credit programs administered by the United States Agency 

22 for International Development, $8,300,000, which may be 

23 transferred to, and merged with, funds made available 

24 under the heading ‘‘Operating Expenses’’ in title II of this 

mstockstill on DSK4VPTVN1PROD with BILLS

976 

•HR 3671 IH

1 Act: Provided, That funds made available under this head2 ing shall remain available until September 30, 2014. 

3 ECONOMIC SUPPORT FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses to carry out the provisions 

6 of chapter 4 of part II of the Foreign Assistance Act of 

7 1961, $3,001,745,000, to remain available until Sep8 tember 30, 2013: Provided, That of the funds appro9 priated under this heading, $250,000,000 shall be avail10 able for assistance for Egypt, including not less than 

11 $35,000,000 for education programs of which not less 

12 than $10,000,000 is for scholarships at not-for-profit in13 stitutions for Egyptian students with high financial need, 

14 and to implement section 7041(a)(3) and (b) of this Act: 

15 Provided further, That funds appropriated under this 

16 heading that are made available for assistance for Cyprus 

17 shall be used only for scholarships, administrative support 

18 of the scholarship program, bicommunal projects, and 

19 measures aimed at reunification of the island and designed 

20 to reduce tensions and promote peace and cooperation be21 tween the two communities on Cyprus: Provided further, 

22 That $12,000,000 of the funds made available for assist23 ance for Lebanon under this heading shall be for scholar24 ships at not-for-profit institutions for students in Lebanon 

25 with high financial need: Provided further, That of the 

mstockstill on DSK4VPTVN1PROD with BILLS

977 

•HR 3671 IH

1 funds appropriated under this heading, not less than 

2 $360,000,000 shall be available for assistance for Jordan: 

3 Provided further, That up to $30,000,000 of the funds ap4 propriated for fiscal year 2011 under this heading in Pub5 lic Law 112–10, division B, may be made available for 

6 the costs, as defined in section 502 of the Congressional 

7 Budget Act of 1974, of loan guarantees for Tunisia, which 

8 are authorized to be provided: Provided further, That 

9 amounts that are made available under the previous pro10 viso for the cost of guarantees shall not be considered ‘‘as11 sistance’’ for the purposes of provisions of law limiting as12 sistance to a country: Provided further, That of the funds 

13 appropriated under this heading, not less than 

14 $179,000,000 shall be apportioned directly to the United 

15 States Agency for International Development for alter16 native development/institution building programs in Co17 lombia: Provided further, That of the funds appropriated 

18 under this heading that are available for assistance for 

19 Colombia, not less than $7,000,000 shall be transferred 

20 to, and merged with, funds appropriated under the head21 ing ‘‘Migration and Refugee Assistance’’ and shall be 

22 made available only for assistance to nongovernmental and 

23 international organizations that provide assistance to Co24 lombian refugees in neighboring countries: Provided fur25 ther, That in consultation with the Secretary of the Treasmstockstill on DSK4VPTVN1PROD with BILLS

978 

•HR 3671 IH

1 ury, the Secretary of State may transfer up to 

2 $200,000,000 of the funds made available under this 

3 heading to funds appropriated in this Act under the head4 ings ‘‘Multilateral Assistance, Funds Appropriated to the 

5 President, International Financial Institutions’’ for addi6 tional payments to such institutions, facilities, and funds 

7 enumerated under such headings: Provided further, That 

8 prior to exercising the transfer authority under the pre9 vious proviso the Secretary of State shall consult with the 

10 Committees on Appropriations. 

11 DEMOCRACY FUND

12 For necessary expenses to carry out the provisions 

13 of the Foreign Assistance Act of 1961 for the promotion 

14 of democracy globally, $114,770,000, to remain available 

15 until September 30, 2013, of which $68,000,000 shall be 

16 made available for the Human Rights and Democracy 

17 Fund of the Bureau of Democracy, Human Rights and 

18 Labor, Department of State, and $46,770,000 shall be 

19 made available for the Office of Democracy and Govern20 ance of the Bureau for Democracy, Conflict, and Humani21 tarian Assistance, United States Agency for International 

22 Development. 

23 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

24 For necessary expenses to carry out the provisions 

25 of the Foreign Assistance Act of 1961, the FREEDOM 

mstockstill on DSK4VPTVN1PROD with BILLS

979 

•HR 3671 IH

1 Support Act, and the Support for East European Democ2 racy (SEED) Act of 1989, $626,718,000, to remain avail3 able until September 30, 2013, which shall be available, 

4 notwithstanding any other provision of law, for assistance 

5 and for related programs for countries identified in section 

6 3 of the FREEDOM Support Act and section 3(c) of the 

7 SEED Act: Provided, That funds appropriated under this 

8 heading shall be considered to be economic assistance 

9 under the Foreign Assistance Act of 1961 for purposes 

10 of making available the administrative authorities con11 tained in that Act for the use of economic assistance: Pro12 vided further, That funds made available for the Southern 

13 Caucasus region may be used for confidence-building 

14 measures and other activities in furtherance of the peace15 ful resolution of conflicts, including in Nagorno-Karabakh. 

16 DEPARTMENT OF STATE

17 MIGRATION AND REFUGEE ASSISTANCE

18 For necessary expenses not otherwise provided for, 

19 to enable the Secretary of State to carry out the provisions 

20 of section 2(a) and (b) of the Migration and Refugee As21 sistance Act of 1962, and other activities to meet refugee 

22 and migration needs; salaries and expenses of personnel 

23 and dependents as authorized by the Foreign Service Act 

24 of 1980; allowances as authorized by sections 5921 

25 through 5925 of title 5, United States Code; purchase and 

mstockstill on DSK4VPTVN1PROD with BILLS

980 

•HR 3671 IH

1 hire of passenger motor vehicles; and services as author2 ized by section 3109 of title 5, United States Code, 

3 $1,639,100,000, to remain available until expended, of 

4 which $20,000,000 shall be made available for refugees 

5 resettling in Israel, and not less than $35,000,000 shall 

6 be made available to respond to small-scale emergency hu7 manitarian requirements. 

8 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

9 ASSISTANCE FUND

10 For necessary expenses to carry out the provisions 

11 of section 2(c) of the Migration and Refugee Assistance 

12 Act of 1962, as amended (22 U.S.C. 2601(c)), 

13 $27,200,000, to remain available until expended. 

14 INDEPENDENT AGENCIES

15 PEACE CORPS

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses to carry out the provisions 

18 of the Peace Corps Act (22 U.S.C. 2501–2523), including 

19 the purchase of not to exceed five passenger motor vehicles 

20 for administrative purposes for use outside of the United 

21 States, $375,000,000, of which $5,150,000 is for the Of22 fice of Inspector General, to remain available until Sep23 tember 30, 2013: Provided, That the Director of the Peace 

24 Corps may transfer to the Foreign Currency Fluctuations 

25 Account, as authorized by 22 U.S.C. 2515, an amount not 

mstockstill on DSK4VPTVN1PROD with BILLS

981 

•HR 3671 IH

1 to exceed $5,000,000: Provided further, That funds trans2 ferred pursuant to the previous proviso may not be derived 

3 from amounts made available for Peace Corps overseas op4 erations: Provided further, That of the funds appropriated 

5 under this heading, not to exceed $4,000 may be made 

6 available for entertainment expenses: Provided further, 

7 That any decision to open, close, significantly reduce, or 

8 suspend a domestic or overseas office or country program 

9 shall be subject to prior consultation with, and the regular 

10 notification procedures of, the Committees on Appropria11 tions, except that prior consultation and regular notifica12 tion procedures may be waived when there is a substantial 

13 security risk to volunteers or other Peace Corps personnel, 

14 pursuant to section 7015(e) of this Act: Provided further, 

15 That none of the funds appropriated under this heading 

16 shall be used to pay for abortions. 

17 MILLENNIUM CHALLENGE CORPORATION

18 For necessary expenses to carry out the provisions 

19 of the Millennium Challenge Act of 2003, $898,200,000 

20 to remain available until expended: Provided, That of the 

21 funds appropriated under this heading, up to 

22 $105,000,000 may be available for administrative ex23 penses of the Millennium Challenge Corporation (the Cor24 poration): Provided further, That up to 5 percent of the 

25 funds appropriated under this heading may be made availmstockstill on DSK4VPTVN1PROD with BILLS

982 

•HR 3671 IH

1 able to carry out the purposes of section 616 of the Millen2 nium Challenge Act of 2003 for fiscal year 2012: Provided 

3 further, That section 605(e) of the Millennium Challenge 

4 Act of 2003 shall apply to funds appropriated under this 

5 heading: Provided further, That funds appropriated under 

6 this heading may be made available for a Millennium Chal7 lenge Compact entered into pursuant to section 609 of the 

8 Millennium Challenge Act of 2003 only if such Compact 

9 obligates, or contains a commitment to obligate subject to 

10 the availability of funds and the mutual agreement of the 

11 parties to the Compact to proceed, the entire amount of 

12 the United States Government funding anticipated for the 

13 duration of the Compact: Provided further, That the Chief 

14 Executive Officer of the Corporation shall notify the Com15 mittees on Appropriations not later than 15 days prior to 

16 signing any new country compact or new threshold coun17 try program; terminating or suspending any country com18 pact or threshold country program; or commencing nego19 tiations for any new compact or threshold country pro20 gram: Provided further, That any funds that are 

21 deobligated from a Millennium Challenge Compact shall 

22 be subject to the regular notification procedures of the 

23 Committees on Appropriations prior to re-obligation: Pro24 vided further, That notwithstanding section 606(a)(2) of 

25 the Millennium Challenge Act of 2003, a country shall be 

mstockstill on DSK4VPTVN1PROD with BILLS

983 

•HR 3671 IH

1 a candidate country for purposes of eligibility for assist2 ance for the fiscal year if the country has a per capita 

3 income equal to or below the World Bank’s lower middle 

4 income country threshold for the fiscal year and is among 

5 the 75 lowest per capita income countries as identified by 

6 the World Bank; and the country meets the requirements 

7 of section 606(a)(1)(B) of the Millennium Challenge Act 

8 of 2003: Provided further, That notwithstanding section 

9 606(b)(1) of the Millennium Challenge Act of 2003, in ad10 dition to countries described in the preceding proviso, a 

11 country shall be a candidate country for purposes of eligi12 bility for assistance for the fiscal year if the country has 

13 a per capita income equal to or below the World Bank’s 

14 lower middle income country threshold for the fiscal year 

15 and is not among the 75 lowest per capita income coun16 tries as identified by the World Bank; and the country 

17 meets the requirements of section 606(a)(1)(B) of the Mil18 lennium Challenge Act of 2003: Provided further, That 

19 any Millennium Challenge Corporation candidate country 

20 under section 606 of the Millennium Challenge Act of 

21 2003 with a per capita income that changes in the fiscal 

22 year such that the country would be reclassified from a 

23 low income country to a lower middle income country or 

24 from a lower middle income country to a low income coun25 try shall retain its candidacy status in its former income 

mstockstill on DSK4VPTVN1PROD with BILLS

984 

•HR 3671 IH

1 classification for the fiscal year and the two subsequent 

2 fiscal years: Provided further, That of the funds appro3 priated under this heading, not to exceed $100,000 may 

4 be available for representation and entertainment allow5 ances, of which not to exceed $5,000 may be available for 

6 entertainment allowances. 

7 INTER-AMERICAN FOUNDATION

8 For necessary expenses to carry out the functions of 

9 the Inter-American Foundation in accordance with the 

10 provisions of section 401 of the Foreign Assistance Act 

11 of 1969, $22,500,000, to remain available until September 

12 30, 2013: Provided, That of the funds appropriated under 

13 this heading, not to exceed $2,000 may be available for 

14 entertainment and representation allowances. 

15 AFRICAN DEVELOPMENT FOUNDATION

16 For necessary expenses to carry out title V of the 

17 International Security and Development Cooperation Act 

18 of 1980 (Public Law 96–533), $30,000,000, to remain 

19 available until September 30, 2013: Provided, That funds 

20 made available to grantees may be invested pending ex21 penditure for project purposes when authorized by the 

22 Board of Directors of the Foundation: Provided further, 

23 That interest earned shall be used only for the purposes 

24 for which the grant was made: Provided further, That not25 withstanding section 505(a)(2) of the African Developmstockstill on DSK4VPTVN1PROD with BILLS

985 

•HR 3671 IH

1 ment Foundation Act, in exceptional circumstances the 

2 Board of Directors of the Foundation may waive the 

3 $250,000 limitation contained in that section with respect 

4 to a project and a project may exceed the limitation by 

5 up to 10 percent if the increase is due solely to foreign 

6 currency fluctuation: Provided further, That the Founda7 tion shall provide a report to the Committees on Appro8 priations after each time such waiver authority is exer9 cised. 

10 DEPARTMENT OF THE TREASURY

11 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

12 For necessary expenses to carry out the provisions 

13 of section 129 of the Foreign Assistance Act of 1961, 

14 $25,448,000, to remain available until September 30, 

15 2014, which shall be available notwithstanding any other 

16 provision of law. 

17 DEBT RESTRUCTURING

18 For the cost, as defined in section 502 of the Con19 gressional Budget Act of 1974, of modifying loans and 

20 loan guarantees, as the President may determine, for 

21 which funds have been appropriated or otherwise made 

22 available for programs within the International Affairs 

23 Budget Function 150, including the cost of selling, reduc24 ing, or canceling amounts owed to the United States as 

25 a result of concessional loans made to eligible countries, 

mstockstill on DSK4VPTVN1PROD with BILLS

986 

•HR 3671 IH

1 pursuant to part V of the Foreign Assistance Act of 1961, 

2 $12,000,000, to remain available until September 30, 

3 2013. 

mstockstill on DSK4VPTVN1PROD with BILLS

987 

•HR 3671 IH

1 TITLE IV 

2 INTERNATIONAL SECURITY ASSISTANCE 

3 DEPARTMENT OF STATE

4 INTERNATIONAL NARCOTICS CONTROL AND LAW

5 ENFORCEMENT

6 For necessary expenses to carry out section 481 of 

7 the Foreign Assistance Act of 1961, $1,061,100,000, to 

8 remain available until September 30, 2013: Provided, 

9 That during fiscal year 2012, the Department of State 

10 may also use the authority of section 608 of the Foreign 

11 Assistance Act of 1961, without regard to its restrictions, 

12 to receive excess property from an agency of the United 

13 States Government for the purpose of providing it to a 

14 foreign country or international organization under chap15 ter 8 of part I of that Act subject to the regular notifica16 tion procedures of the Committees on Appropriations: Pro17 vided further, That the Secretary of State shall provide 

18 to the Committees on Appropriations not later than 45 

19 days after the date of enactment of this Act and prior 

20 to the initial obligation of funds appropriated under this 

21 heading, a report on the proposed uses of all funds under 

22 this heading on a country-by-country basis for each pro23 posed program, project, or activity: Provided further, That 

24 section 482(b) of the Foreign Assistance Act of 1961 shall 

25 not apply to funds appropriated under this heading: Promstockstill on DSK4VPTVN1PROD with BILLS

988 

•HR 3671 IH

1 vided further, That assistance provided with funds appro2 priated under this heading that is made available notwith3 standing section 482(b) of the Foreign Assistance Act of 

4 1961 shall be made available subject to the regular notifi5 cation procedures of the Committees on Appropriations: 

6 Provided further, That none of the funds appropriated 

7 under this heading shall be made available for assistance 

8 for the Bolivian military and police unless the Secretary 

9 of State determines and reports to the Committees on Ap10 propriations that such funds are in the national security 

11 interest of the United States: Provided further, That, not12 withstanding any other provision of law, of the funds ap13 propriated under this heading, $5,000,000 should be made 

14 available to combat piracy of United States copyrighted 

15 materials, consistent with the requirements of section 

16 688(a) and (b) of the Department of State, Foreign Oper17 ations, and Related Programs Appropriations Act, 2008 

18 (division J of Public Law 110–161): Provided further, 

19 That the reporting requirements contained in section 1404 

20 of Public Law 110–252 shall apply to funds made avail21 able by this Act, including a description of modifications, 

22 if any, to the security strategy of the Palestinian Author23 ity: Provided further, That the provision of assistance 

24 which is comparable to assistance made available under 

25 this heading but which is provided under any other provimstockstill on DSK4VPTVN1PROD with BILLS

989 

•HR 3671 IH

1 sion of law, shall be provided in accordance with the provi2 sions of sections 481(b) and 622(c) of the Foreign Assist3 ance Act of 1961. 

4 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

5 RELATED PROGRAMS

6 For necessary expenses for nonproliferation, anti-ter7 rorism, demining and related programs and activities, 

8 $590,113,000, to carry out the provisions of chapter 8 of 

9 part II of the Foreign Assistance Act of 1961 for anti10 terrorism assistance, chapter 9 of part II of the Foreign 

11 Assistance Act of 1961, section 504 of the FREEDOM 

12 Support Act, section 23 of the Arms Export Control Act 

13 or the Foreign Assistance Act of 1961 for demining activi14 ties, the clearance of unexploded ordnance, the destruction 

15 of small arms, and related activities, notwithstanding any 

16 other provision of law, including activities implemented 

17 through nongovernmental and international organizations, 

18 and section 301 of the Foreign Assistance Act of 1961 

19 for a voluntary contribution to the International Atomic 

20 Energy Agency (IAEA), and for a United States contribu21 tion to the Comprehensive Nuclear Test Ban Treaty Pre22 paratory Commission: Provided, That the clearance of 

23 unexploded ordnance should prioritize areas where such 

24 ordnance was caused by the United States: Provided fur25 ther, That of the funds made available under this heading, 

mstockstill on DSK4VPTVN1PROD with BILLS

990 

•HR 3671 IH

1 not to exceed $30,000,000, to remain available until ex2 pended, may be made available for the Nonproliferation 

3 and Disarmament Fund, notwithstanding any other provi4 sion of law and subject to prior consultation with, and the 

5 regular notification procedures of, the Committees on Ap6 propriations, to promote bilateral and multilateral activi7 ties relating to nonproliferation, disarmament and weap8 ons destruction: Provided further, That such funds may 

9 also be used for such countries other than the Independent 

10 States of the former Soviet Union and international orga11 nizations when it is in the national security interest of the 

12 United States to do so: Provided further, That funds ap13 propriated under this heading may be made available for 

14 the IAEA unless the Secretary of State determines that 

15 Israel is being denied its right to participate in the activi16 ties of that Agency: Provided further, That funds appro17 priated under this heading may be made available for pub18 lic-private partnerships for conventional weapons and 

19 mine action by grant, cooperative agreement or contract: 

20 Provided further, That funds made available for demining 

21 and related activities, in addition to funds otherwise avail22 able for such purposes, may be used for administrative ex23 penses related to the operation and management of the 

24 demining program: Provided further, That funds appro25 priated under this heading that are available for ‘‘Antimstockstill on DSK4VPTVN1PROD with BILLS

991 

•HR 3671 IH

1 terrorism Assistance’’ and ‘‘Export Control and Border 

2 Security’’ shall remain available until September 30, 

3 2013. 

4 PEACEKEEPING OPERATIONS

5 For necessary expenses to carry out the provisions 

6 of section 551 of the Foreign Assistance Act of 1961, 

7 $302,818,000: Provided, That funds appropriated under 

8 this heading may be used, notwithstanding section 660 of 

9 such Act, to provide assistance to enhance the capacity 

10 of foreign civilian security forces, including gendarmes, to 

11 participate in peacekeeping operations: Provided further, 

12 That of the funds appropriated under this heading, not 

13 less than $28,000,000 shall be made available for a United 

14 States contribution to the Multinational Force and Ob15 servers mission in the Sinai: Provided further, That of the 

16 funds appropriated under this heading, up to $91,818,000 

17 may be used to pay assessed expenses of international 

18 peacekeeping activities in Somalia and shall be available 

19 until September 30, 2013: Provided further, That funds 

20 appropriated under this Act should not be used to support 

21 any military training or operations that include child sol22 diers: Provided further, That none of the funds appro23 priated under this heading shall be obligated or expended 

24 except as provided through the regular notification proce25 dures of the Committees on Appropriations. 

mstockstill on DSK4VPTVN1PROD with BILLS

992 

•HR 3671 IH

1 FUNDS APPROPRIATED TO THE PRESIDENT

2 INTERNATIONAL MILITARY EDUCATION AND TRAINING

3 For necessary expenses to carry out the provisions 

4 of section 541 of the Foreign Assistance Act of 1961, 

5 $105,788,000, of which up to $4,000,000 may remain 

6 available until September 30, 2013, and may only be pro7 vided through the regular notification procedures of the 

8 Committees on Appropriations: Provided, That the civilian 

9 personnel for whom military education and training may 

10 be provided under this heading may include civilians who 

11 are not members of a government whose participation 

12 would contribute to improved civil-military relations, civil13 ian control of the military, or respect for human rights: 

14 Provided further, That the Secretary of State shall provide 

15 to the Committees on Appropriations, not later than 45 

16 days after enactment of this Act, a report on the proposed 

17 uses of all program funds under this heading on a country18 by-country basis, including a detailed description of pro19 posed activities: Provided further, That of the funds appro20 priated under this heading, not to exceed $55,000 may 

21 be available for entertainment allowances. 

22 FOREIGN MILITARY FINANCING PROGRAM

23 For necessary expenses for grants to enable the 

24 President to carry out the provisions of section 23 of the 

25 Arms Export Control Act, $5,210,000,000: Provided, 

mstockstill on DSK4VPTVN1PROD with BILLS

993 

•HR 3671 IH

1 That to expedite the provision of assistance to foreign 

2 countries and international organizations, the Secretary of 

3 State, following consultation with the Committees on Ap4 propriations and subject to the regular notification proce5 dures of such Committees, may use the funds appro6 priated under this heading to procure defense articles and 

7 services to enhance the capacity of foreign security forces: 

8 Provided further, That of the funds appropriated under 

9 this heading, not less than $3,075,000,000 shall be avail10 able for grants only for Israel, and $1,300,000,000 shall 

11 be made available for grants only for Egypt, including for 

12 border security programs and activities in the Sinai: Pro13 vided further, That the funds appropriated under this 

14 heading for assistance for Israel shall be disbursed within 

15 30 days of enactment of this Act: Provided further, That 

16 to the extent that the Government of Israel requests that 

17 funds be used for such purposes, grants made available 

18 for Israel under this heading shall, as agreed by the 

19 United States and Israel, be available for advanced weap20 ons systems, of which not less than $808,725,000 shall 

21 be available for the procurement in Israel of defense arti22 cles and defense services, including research and develop23 ment: Provided further, That funds appropriated under 

24 this heading estimated to be outlayed for Egypt during 

25 fiscal year 2012 may be transferred to an interest bearing 

mstockstill on DSK4VPTVN1PROD with BILLS

994 

•HR 3671 IH

1 account for Egypt in the Federal Reserve Bank of New 

2 York: Provided further, That of the funds appropriated 

3 under this heading, $300,000,000 shall be made available 

4 for assistance for Jordan: Provided further, That, not later 

5 than 90 days after enactment of this Act and 6 months 

6 thereafter, the Secretary of State shall submit a report 

7 to the Committees on Appropriations detailing any crowd 

8 control items, including tear gas, made available with ap9 propriated funds or through export licenses to foreign se10 curity forces that the Secretary of State has credible infor11 mation have repeatedly used excessive force to repress 

12 peaceful, lawful, and organized dissent: Provided further, 

13 That the Secretary of State should consult with the Com14 mittees on Appropriations prior to obligating funds for 

15 such items to governments of countries undergoing demo16 cratic transition in the Middle East and North Africa: 

17 Provided further, That none of the funds made available 

18 under this heading shall be made available to support or 

19 continue any program initially funded under the authority 

20 of section 1206 of the National Defense Authorization Act 

21 for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

22 3456) unless the Secretary of State, in coordination with 

23 the Secretary of Defense, has justified such program to 

24 the Committees on Appropriations: Provided further, That 

25 funds appropriated or otherwise made available under this 

mstockstill on DSK4VPTVN1PROD with BILLS

995 

•HR 3671 IH

1 heading shall be nonrepayable notwithstanding any re2 quirement in section 23 of the Arms Export Control Act: 

3 Provided further, That funds made available under this 

4 heading shall be obligated upon apportionment in accord5 ance with paragraph (5)(C) of title 31, United States 

6 Code, section 1501(a). 

7 None of the funds made available under this heading 

8 shall be available to finance the procurement of defense 

9 articles, defense services, or design and construction serv10 ices that are not sold by the United States Government 

11 under the Arms Export Control Act unless the foreign 

12 country proposing to make such procurement has first 

13 signed an agreement with the United States Government 

14 specifying the conditions under which such procurement 

15 may be financed with such funds: Provided, That all coun16 try and funding level increases in allocations shall be sub17 mitted through the regular notification procedures of sec18 tion 7015 of this Act: Provided further, That funds made 

19 available under this heading may be used, notwithstanding 

20 any other provision of law, for demining, the clearance of 

21 unexploded ordnance, and related activities, and may in22 clude activities implemented through nongovernmental 

23 and international organizations: Provided further, That 

24 only those countries for which assistance was justified for 

25 the ‘‘Foreign Military Sales Financing Program’’ in the 

mstockstill on DSK4VPTVN1PROD with BILLS

996 

•HR 3671 IH

1 fiscal year 1989 congressional presentation for security as2 sistance programs may utilize funds made available under 

3 this heading for procurement of defense articles, defense 

4 services or design and construction services that are not 

5 sold by the United States Government under the Arms 

6 Export Control Act: Provided further, That funds appro7 priated under this heading shall be expended at the min8 imum rate necessary to make timely payment for defense 

9 articles and services: Provided further, That not more than 

10 $62,800,000 of the funds appropriated under this heading 

11 may be obligated for necessary expenses, including the 

12 purchase of passenger motor vehicles for replacement only 

13 for use outside of the United States, for the general costs 

14 of administering military assistance and sales, except that 

15 this limitation may be exceeded only through the regular 

16 notification procedures of the Committees on Appropria17 tions: Provided further, That of the funds appropriated 

18 under this heading for general costs of administering mili19 tary assistance and sales, not to exceed $4,000 may be 

20 available for entertainment expenses and not to exceed 

21 $130,000 may be available for representation allowances: 

22 Provided further, That not more than $836,900,000 of 

23 funds realized pursuant to section 21(e)(1)(A) of the Arms 

24 Export Control Act may be obligated for expenses incurred 

25 by the Department of Defense during fiscal year 2012 

mstockstill on DSK4VPTVN1PROD with BILLS

997 

•HR 3671 IH

1 pursuant to section 43(b) of the Arms Export Control Act, 

2 except that this limitation may be exceeded only through 

3 the regular notification procedures of the Committees on 

4 Appropriations. 

mstockstill on DSK4VPTVN1PROD with BILLS

998 

•HR 3671 IH

1 TITLE V 

2 MULTILATERAL ASSISTANCE 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

5 For necessary expenses to carry out the provisions 

6 of section 301 of the Foreign Assistance Act of 1961, and 

7 of section 2 of the United Nations Environment Program 

8 Participation Act of 1973, $348,705,000, of which up to 

9 $10,000,000 may be made available for the Intergovern10 mental Panel on Climate Change/United Nations Frame11 work Convention on Climate Change: Provided, That sec12 tion 307(a) of the Foreign Assistance Act of 1961 shall 

13 not apply to contributions to the United Nations Democ14 racy Fund. 

15 INTERNATIONAL FINANCIAL INSTITUTIONS

16 GLOBAL ENVIRONMENT FACILITY

17 For payment to the International Bank for Recon18 struction and Development as trustee for the Global Envi19 ronment Facility by the Secretary of the Treasury, 

20 $89,820,000, to remain available until expended. 

21 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

22 ASSOCIATION

23 For payment to the International Development Asso24 ciation by the Secretary of the Treasury, $1,325,000,000, 

25 to remain available until expended. 

mstockstill on DSK4VPTVN1PROD with BILLS

999 

•HR 3671 IH

1 For payment to the International Development Asso2 ciation by the Secretary of the Treasury for costs incurred 

3 under the Multilateral Debt Relief Initiative, 

4 $167,000,000, to remain available until expended. 

5 CONTRIBUTION TO THE INTERNATIONAL BANK FOR

6 RECONSTRUCTION AND DEVELOPMENT

7 For payment to the International Bank for Recon8 struction and Development by the Secretary of the Treas9 ury, for the United States share of the paid-in portion of 

10 the increases in capital stock, $117,364,344, to remain 

11 available until expended. 

12 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

13 The United States Governor of the International 

14 Bank for Reconstruction and Development may subscribe 

15 without fiscal year limitation to the callable capital portion 

16 of the United States share of increases in capital stock 

17 in an amount not to exceed $2,928,990,899. 

18 CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND

19 For payment to the International Bank for Recon20 struction and Development as trustee for the Clean Tech21 nology Fund by the Secretary of the Treasury, 

22 $184,630,000, to remain available until expended. 

23 CONTRIBUTION TO THE STRATEGIC CLIMATE FUND

24 For payment to the International Bank for Recon25 struction and Development as trustee for the Strategic 

mstockstill on DSK4VPTVN1PROD with BILLS

1000 

•HR 3671 IH

1 Climate Fund by the Secretary of the Treasury, 

2 $49,900,000, to remain available until expended. 

3 GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM

4 For payment to the Global Agriculture and Food Se5 curity Program by the Secretary of the Treasury, 

6 $135,000,000, to remain available until expended. 

7 CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT

8 BANK

9 For payment to the Inter-American Development 

10 Bank by the Secretary of the Treasury for the United 

11 States share of the paid-in portion of the increase in cap12 ital stock, $75,000,000, to remain available until ex13 pended. 

14 For payment to the Inter-American Investment Cor15 poration by the Secretary of the Treasury, $4,670,000, to 

16 remain available until expended. 

17 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

18 The United States Governor of the Inter-American 

19 Development Bank may subscribe without fiscal year limi20 tation to the callable capital portion of the United States 

21 share of such capital stock in an amount not to exceed 

22 $4,098,794,833. 

mstockstill on DSK4VPTVN1PROD with BILLS

1001 

•HR 3671 IH

1 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

2 MULTILATERAL INVESTMENT FUND

3 For payment to the Enterprise for the Americas Mul4 tilateral Investment Fund by the Secretary of the Treas5 ury, $25,000,000, to remain available until expended. 

6 CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

7 For payment to the Asian Development Bank by the 

8 Secretary of the Treasury for the United States share of 

9 the paid-in portion of increase in capital stock, 

10 $106,586,000, to remain available until expended. 

11 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

12 The United States Governor of the Asian Develop13 ment Bank may subscribe without fiscal year limitation 

14 to the callable capital portion of the United States share 

15 of such capital stock in an amount not to exceed 

16 $2,558,048,769. 

17 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

18 For payment to the Asian Development Bank’s Asian 

19 Development Fund by the Secretary of the Treasury, 

20 $100,000,000, to remain available until expended. 

21 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

22 For payment to the African Development Bank by 

23 the Secretary of the Treasury for the United States share 

24 of the paid-in portion of the increase in capital stock, 

25 $32,417,720, to remain available until expended. 

mstockstill on DSK4VPTVN1PROD with BILLS

1002 

•HR 3671 IH

1 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

2 The United States Governor of the African Develop3 ment Bank may subscribe without fiscal year limitation 

4 to the callable capital portion of the United States share 

5 of such capital stock in an amount not to exceed 

6 $507,860,808. 

7 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

8 For payment to the African Development Fund by 

9 the Secretary of the Treasury, $172,500,000, to remain 

10 available until expended. 

11 For payment to the African Development Fund by 

12 the Secretary of the Treasury for costs incurred under the 

13 Multilateral Debt Relief Initiative, $7,500,000, to remain 

14 available until expended. 

15 EUROPEAN BANK FOR RECONSTRUCTION AND

16 DEVELOPMENT

17 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

18 The United States Governor of the European Bank 

19 for Reconstruction and Development may subscribe with20 out fiscal year limitation to the callable capital of the 

21 United States share of such capital in an amount not to 

22 exceed $1,252,331,952. 

mstockstill on DSK4VPTVN1PROD with BILLS

1003 

•HR 3671 IH

1 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

2 AGRICULTURAL DEVELOPMENT

3 For payment to the International Fund for Agricul4 tural Development by the Secretary of the Treasury, 

5 $30,000,000, to remain available until expended. 

mstockstill on DSK4VPTVN1PROD with BILLS

1004 

•HR 3671 IH

1 TITLE VI 

2 EXPORT AND INVESTMENT ASSISTANCE 

3 EXPORT-IMPORT BANK OF THE UNITED STATES

4 INSPECTOR GENERAL

5 For necessary expenses of the Office of Inspector 

6 General in carrying out the provisions of the Inspector 

7 General Act of 1978, as amended, $4,000,000, to remain 

8 available until September 30, 2013. 

9 PROGRAM ACCOUNT

10 The Export-Import Bank of the United States is au11 thorized to make such expenditures within the limits of 

12 funds and borrowing authority available to such corpora13 tion, and in accordance with law, and to make such con14 tracts and commitments without regard to fiscal year limi15 tations, as provided by section 104 of the Government 

16 Corporation Control Act, as may be necessary in carrying 

17 out the program for the current fiscal year for such cor18 poration: Provided, That none of the funds available dur19 ing the current fiscal year may be used to make expendi20 tures, contracts, or commitments for the export of nuclear 

21 equipment, fuel, or technology to any country, other than 

22 a nuclear-weapon state as defined in Article IX of the 

23 Treaty on the Non-Proliferation of Nuclear Weapons eligi24 ble to receive economic or military assistance under this 

25 Act, that has detonated a nuclear explosive after the date 

mstockstill on DSK4VPTVN1PROD with BILLS

1005 

•HR 3671 IH

1 of the enactment of this Act: Provided further, That not 

2 less than 10 percent of the aggregate loan, guarantee, and 

3 insurance authority available to the Export-Import Bank 

4 under this Act should be used for renewable energy tech5 nologies or end-use energy efficiency technologies: Pro6 vided further, That notwithstanding section 1(c) of Public 

7 Law 103–428, as amended, sections 1(a) and (b) of Public 

8 Law 103–428 shall remain in effect through October 1, 

9 2012: Provided further, That notwithstanding the dates 

10 specified in section 7 of the Export-Import Bank Act of 

11 1945 (12 U.S.C. 6350 and section 1(c) of Public Law 

12 103–428), the Export-Import Bank of the United States 

13 shall continue to exercise its functions in connection with 

14 and in furtherance of its objects and purposes through 

15 May 31, 2012. 

16 SUBSIDY APPROPRIATION

17 For the cost of direct loans, loan guarantees, insur18 ance, and tied-aid grants as authorized by section 10 of 

19 the Export-Import Bank Act of 1945, as amended, not 

20 to exceed $58,000,000: Provided, That such costs, includ21 ing the cost of modifying such loans, shall be as defined 

22 in section 502 of the Congressional Budget Act of 1974: 

23 Provided further, That such funds shall remain available 

24 until September 30, 2027, for the disbursement of direct 

25 loans, loan guarantees, insurance and tied-aid grants oblimstockstill on DSK4VPTVN1PROD with BILLS

1006 

•HR 3671 IH

1 gated in fiscal years 2012, 2013, 2014, and 2015: Pro2 vided further, That none of the funds appropriated by this 

3 Act or any prior Acts appropriating funds for the Depart4 ment of State, foreign operations, and related programs 

5 for tied-aid credits or grants may be used for any other 

6 purpose except through the regular notification procedures 

7 of the Committees on Appropriations. 

8 ADMINISTRATIVE EXPENSES

9 For administrative expenses to carry out the direct 

10 and guaranteed loan and insurance programs, including 

11 hire of passenger motor vehicles and services as authorized 

12 by 5 U.S.C. 3109, and not to exceed $30,000 for official 

13 reception and representation expenses for members of the 

14 Board of Directors, not to exceed $89,900,000: Provided, 

15 That the Export-Import Bank may accept, and use, pay16 ment or services provided by transaction participants for 

17 legal, financial, or technical services in connection with 

18 any transaction for which an application for a loan, guar19 antee or insurance commitment has been made: Provided 

20 further, That notwithstanding subsection (b) of section 

21 117 of the Export Enhancement Act of 1992, subsection 

22 (a) thereof shall remain in effect until October 1, 2012: 

23 Provided further, That the Export-Import Bank shall 

24 charge fees for necessary expenses (including special serv25 ices performed on a contract or fee basis, but not including 

mstockstill on DSK4VPTVN1PROD with BILLS

1007 

•HR 3671 IH

1 other personal services) in connection with the collection 

2 of moneys owed the Export-Import Bank, repossession or 

3 sale of pledged collateral or other assets acquired by the 

4 Export-Import Bank in satisfaction of moneys owed the 

5 Export-Import Bank, or the investigation or appraisal of 

6 any property, or the evaluation of the legal, financial, or 

7 technical aspects of any transaction for which an applica8 tion for a loan, guarantee or insurance commitment has 

9 been made, or systems infrastructure directly supporting 

10 transactions: Provided further, That, in addition to other 

11 funds appropriated for administrative expenses, such fees 

12 shall be credited to this account, to remain available until 

13 expended. 

14 RECEIPTS COLLECTED

15 Receipts collected pursuant to the Export-Import 

16 Bank Act of 1945, as amended, and the Federal Credit 

17 Reform Act of 1990, as amended, in an amount not to 

18 exceed the amount appropriated herein, shall be credited 

19 as offsetting collections to this account: Provided, That the 

20 sums herein appropriated from the General Fund shall be 

21 reduced on a dollar-for-dollar basis by such offsetting col22 lections so as to result in a final fiscal year appropriation 

23 from the General Fund estimated at $0: Provided further, 

24 That amounts collected in fiscal year 2012 in excess of 

25 obligations, up to $50,000,000, shall become available on 

mstockstill on DSK4VPTVN1PROD with BILLS

1008 

•HR 3671 IH

1 September 1, 2012 and shall remain available until Sep2 tember 30, 2015. 

3 OVERSEAS PRIVATE INVESTMENT CORPORATION

4 NONCREDIT ACCOUNT

5 The Overseas Private Investment Corporation is au6 thorized to make, without regard to fiscal year limitations, 

7 as provided by 31 U.S.C. 9104, such expenditures and 

8 commitments within the limits of funds available to it and 

9 in accordance with law as may be necessary: Provided, 

10 That the amount available for administrative expenses to 

11 carry out the credit and insurance programs (including an 

12 amount for official reception and representation expenses 

13 which shall not exceed $35,000) shall not exceed 

14 $54,990,000: Provided further, That project-specific trans15 action costs, including direct and indirect costs incurred 

16 in claims settlements, and other direct costs associated 

17 with services provided to specific investors or potential in18 vestors pursuant to section 234 of the Foreign Assistance 

19 Act of 1961, shall not be considered administrative ex20 penses for the purposes of this heading. 

21 PROGRAM ACCOUNT

22 For the cost of direct and guaranteed loans, 

23 $25,000,000, as authorized by section 234 of the Foreign 

24 Assistance Act of 1961, to be derived by transfer from 

25 the Overseas Private Investment Corporation Noncredit 

mstockstill on DSK4VPTVN1PROD with BILLS

1009 

•HR 3671 IH

1 Account: Provided, That such costs, including the cost of 

2 modifying such loans, shall be as defined in section 502 

3 of the Congressional Budget Act of 1974: Provided fur4 ther, That such sums shall be available for direct loan obli5 gations and loan guaranty commitments incurred or made 

6 during fiscal years 2012, 2013, and 2014: Provided fur7 ther, That funds so obligated in fiscal year 2012 remain 

8 available for disbursement through 2020; funds obligated 

9 in fiscal year 2013 remain available for disbursement 

10 through 2021; and funds obligated in fiscal year 2014 re11 main available for disbursement through 2022: Provided 

12 further, That notwithstanding any other provision of law, 

13 the Overseas Private Investment Corporation is authorized 

14 to undertake any program authorized by title IV of chap15 ter 2 of part I of the Foreign Assistance Act of 1961 in 

16 Iraq: Provided further, That funds made available pursu17 ant to the authority of the previous proviso shall be subject 

18 to the regular notification procedures of the Committees 

19 on Appropriations. 

20 In addition, such sums as may be necessary for ad21 ministrative expenses to carry out the credit program may 

22 be derived from amounts available for administrative ex23 penses to carry out the credit and insurance programs in 

24 the Overseas Private Investment Corporation Noncredit 

25 Account and merged with said account. 

mstockstill on DSK4VPTVN1PROD with BILLS

1010 

•HR 3671 IH

1 TRADE AND DEVELOPMENT AGENCY

2 For necessary expenses to carry out the provisions 

3 of section 661 of the Foreign Assistance Act of 1961, 

4 $50,000,000, to remain available until September 30, 

5 2013: Provided, That of the funds appropriated under this 

6 heading, not more than $4,000 may be available for rep7 resentation and entertainment allowances. 

mstockstill on DSK4VPTVN1PROD with BILLS

1011 

•HR 3671 IH

1 TITLE VII 

2 GENERAL PROVISIONS 

3 ALLOWANCES AND DIFFERENTIALS

4 SEC. 7001. Funds appropriated under title I of this 

5 Act shall be available, except as otherwise provided, for 

6 allowances and differentials as authorized by subchapter 

7 59 of title 5, United States Code; for services as author8 ized by 5 U.S.C. 3109; and for hire of passenger transpor9 tation pursuant to 31 U.S.C. 1343(b). 

10 UNOBLIGATED BALANCES REPORT

11 SEC. 7002. Any department or agency of the United 

12 States Government to which funds are appropriated or 

13 otherwise made available by this Act shall provide to the 

14 Committees on Appropriations a quarterly accounting of 

15 cumulative unobligated balances and obligated, but unex16 pended, balances by program, project, and activity, and 

17 Treasury Account Fund Symbol of all funds received by 

18 such department or agency in fiscal year 2012 or any pre19 vious fiscal year: Provided, That the report required by 

20 this section should specify by account the amount of funds 

21 obligated pursuant to bilateral agreements which have not 

22 been further sub-obligated. 

23 CONSULTING SERVICES

24 SEC. 7003. The expenditure of any appropriation 

25 under title I of this Act for any consulting service through 

mstockstill on DSK4VPTVN1PROD with BILLS

1012 

•HR 3671 IH

1 procurement contract, pursuant to 5 U.S.C. 3109, shall 

2 be limited to those contracts where such expenditures are 

3 a matter of public record and available for public inspec4 tion, except where otherwise provided under existing law, 

5 or under existing Executive order issued pursuant to exist6 ing law. 

7 EMBASSY CONSTRUCTION

8 SEC. 7004. (a) Of funds provided under title I of this 

9 Act, except as provided in subsection (b), a project to con10 struct a diplomatic facility of the United States may not 

11 include office space or other accommodations for an em12 ployee of a Federal agency or department if the Secretary 

13 of State determines that such department or agency has 

14 not provided to the Department of State the full amount 

15 of funding required by subsection (e) of section 604 of 

16 the Secure Embassy Construction and Counterterrorism 

17 Act of 1999 (as enacted into law by section 1000(a)(7) 

18 of Public Law 106–113 and contained in appendix G of 

19 that Act; 113 Stat. 1501A–453), as amended by section 

20 629 of the Departments of Commerce, Justice, and State, 

21 the Judiciary, and Related Agencies Appropriations Act, 

22 2005. 

23 (b) Notwithstanding the prohibition in subsection (a), 

24 a project to construct a diplomatic facility of the United 

mstockstill on DSK4VPTVN1PROD with BILLS

1013 

•HR 3671 IH

1 States may include office space or other accommodations 

2 for members of the United States Marine Corps. 

3 (c) For the purposes of calculating the fiscal year 

4 2012 costs of providing new United States diplomatic fa5 cilities in accordance with section 604(e) of the Secure 

6 Embassy Construction and Counterterrorism Act of 1999 

7 (22 U.S.C. 4865 note), the Secretary of State, in consulta8 tion with the Director of the Office of Management and 

9 Budget, shall determine the annual program level and 

10 agency shares in a manner that is proportional to the De11 partment of State’s contribution for this purpose. 

12 (d) Funds appropriated by this Act, and any prior 

13 Act making appropriations for the Department of State, 

14 foreign operations, and related programs, which may be 

15 made available for the acquisition of property for diplo16 matic facilities in Afghanistan, Pakistan, and Iraq, shall 

17 be subject to prior consultation with, and the regular noti18 fication procedures of, the Committees on Appropriations. 

19 (e) Section 604(e)(1) of the Secure Embassy Con20 struction and Counterterrorism Act of 1999 (22 U.S.C. 

21 4865 note) is amended by striking ‘‘providing new,’’ and 

22 inserting in its place ‘‘providing, maintaining, repairing, 

23 and renovating’’. 

24 (f)(1) None of the funds appropriated under the 

25 heading ‘‘Embassy Security, Construction, and Maintemstockstill on DSK4VPTVN1PROD with BILLS

1014 

•HR 3671 IH

1 nance’’ in this Act and in prior Acts making appropria2 tions for the Department of State, foreign operations, and 

3 related programs, made available through Federal agency 

4 Capital Security Cost Sharing contributions and reim5 bursements, or generated from the proceeds of real prop6 erty sales, other than from real property sales located in 

7 London, United Kingdom, may be made available for site 

8 acquisition and mitigation, planning, design or construc9 tion of the New London Embassy. 

10 (2) Within 60 days of enactment of this Act and 

11 every 6 months thereafter until completion of the New 

12 London Embassy, the Secretary of State shall submit to 

13 the Committees on Appropriations a report on the project: 

14 Provided, That such report shall include revenue and cost 

15 projections, cost containment efforts, project schedule and 

16 actual project status, the impact of currency exchange rate 

17 fluctuations on project revenue and costs, and options for 

18 modifying the scope of the project in the event that pro19 ceeds of real property sales in London fall below the total 

20 cost of the project. 

21 PERSONNEL ACTIONS

22 SEC. 7005. Any costs incurred by a department or 

23 agency funded under title I of this Act resulting from per24 sonnel actions taken in response to funding reductions in25 cluded in this Act shall be absorbed within the total budgmstockstill on DSK4VPTVN1PROD with BILLS

1015 

•HR 3671 IH

1 etary resources available under title I to such department 

2 or agency: Provided, That the authority to transfer funds 

3 between appropriations accounts as may be necessary to 

4 carry out this section is provided in addition to authorities 

5 included elsewhere in this Act: Provided further, That use 

6 of funds to carry out this section shall be treated as a 

7 reprogramming of funds under section 7015 of this Act 

8 and shall not be available for obligation or expenditure ex9 cept in compliance with the procedures set forth in that 

10 section. 

11 LOCAL GUARD CONTRACTS

12 SEC. 7006. In evaluating proposals for local guard 

13 contracts, the Secretary of State shall award contracts in 

14 accordance with section 136 of the Foreign Relations Au15 thorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 

16 4864), except that the Secretary may grant authorization 

17 to award such contracts on the basis of best value as de18 termined by a cost-technical tradeoff analysis (as de19 scribed in Federal Acquisition Regulation part 15.101) in 

20 Iraq, Afghanistan, and Pakistan, notwithstanding sub21 section (c)(3) of such section: Provided, That the authority 

22 in this section shall apply to any options for renewal that 

23 may be exercised under such contracts that are awarded 

24 during the current fiscal year: Provided further, That prior 

25 to issuing a solicitation for a contract to be awarded purmstockstill on DSK4VPTVN1PROD with BILLS

1016 

•HR 3671 IH

1 suant to the authority under this section, the Secretary 

2 of State shall consult with the Committees on Appropria3 tions and other relevant congressional committees. 

4 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

5 COUNTRIES

6 SEC. 7007. None of the funds appropriated or other7 wise made available pursuant to titles III through VI of 

8 this Act shall be obligated or expended to finance directly 

9 any assistance or reparations for the governments of 

10 Cuba, North Korea, Iran, or Syria: Provided, That for 

11 purposes of this section, the prohibition on obligations or 

12 expenditures shall include direct loans, credits, insurance 

13 and guarantees of the Export-Import Bank or its agents. 

14 COUPS D’E ́TAT

15 SEC. 7008. None of the funds appropriated or other16 wise made available pursuant to titles III through VI of 

17 this Act shall be obligated or expended to finance directly 

18 any assistance to the government of any country whose 

19 duly elected head of government is deposed by military 

20 coup d’e ́tat or decree or, after the date of enactment of 

21 this Act, a coup d’e ́tat or decree in which the military 

22 plays a decisive role: Provided, That assistance may be re23 sumed to such government if the President determines and 

24 certifies to the Committees on Appropriations that subse25 quent to the termination of assistance a democratically 

mstockstill on DSK4VPTVN1PROD with BILLS

1017 

•HR 3671 IH

1 elected government has taken office: Provided further, 

2 That the provisions of this section shall not apply to as3 sistance to promote democratic elections or public partici4 pation in democratic processes: Provided further, That 

5 funds made available pursuant to the previous provisos 

6 shall be subject to the regular notification procedures of 

7 the Committees on Appropriations. 

8 TRANSFER AUTHORITY

9 SEC. 7009. (a) DEPARTMENT OF STATE AND BROAD10 CASTING BOARD OF GOVERNORS.— 

11 (1) Not to exceed 5 percent of any appropria12 tion made available for the current fiscal year for 

13 the Department of State under title I of this Act 

14 may be transferred between such appropriations, but 

15 no such appropriation, except as otherwise specifi16 cally provided, shall be increased by more than 10 

17 percent by any such transfers. 

18 (2) Not to exceed 5 percent of any appropria19 tion made available for the current fiscal year for 

20 the Broadcasting Board of Governors under title I 

21 of this Act may be transferred between such appro22 priations, but no such appropriation, except as oth23 erwise specifically provided, shall be increased by 

24 more than 10 percent by any such transfers. 

mstockstill on DSK4VPTVN1PROD with BILLS

1018 

•HR 3671 IH

1 (3) Any transfer pursuant to this section shall 

2 be treated as a reprogramming of funds under sec3 tion 7015(a) and (b) of this Act and shall not be 

4 available for obligation or expenditure except in com5 pliance with the procedures set forth in that section. 

6 (b) EXPORT FINANCING TRANSFER AUTHORITIES.— 

7 Not to exceed 5 percent of any appropriation other than 

8 for administrative expenses made available for fiscal year 

9 2012, for programs under title VI of this Act may be 

10 transferred between such appropriations for use for any 

11 of the purposes, programs, and activities for which the 

12 funds in such receiving account may be used, but no such 

13 appropriation, except as otherwise specifically provided, 

14 shall be increased by more than 25 percent by any such 

15 transfer: Provided, That the exercise of such authority 

16 shall be subject to the regular notification procedures of 

17 the Committees on Appropriations. 

18 (c) LIMITATION ON TRANSFERS BETWEEN AGEN19 CIES.— 

20 (1) None of the funds made available under ti21 tles II through V of this Act may be transferred to 

22 any department, agency, or instrumentality of the 

23 United States Government, except pursuant to a 

24 transfer made by, or transfer authority provided in, 

25 this Act or any other appropriation Act. 

mstockstill on DSK4VPTVN1PROD with BILLS

1019 

•HR 3671 IH

1 (2) Notwithstanding paragraph (1), in addition 

2 to transfers made by, or authorized elsewhere in, 

3 this Act, funds appropriated by this Act to carry out 

4 the purposes of the Foreign Assistance Act of 1961 

5 may be allocated or transferred to agencies of the 

6 United States Government pursuant to the provi7 sions of sections 109, 610, and 632 of the Foreign 

8 Assistance Act of 1961. 

9 (3) Any agreement entered into by the United 

10 States Agency for International Development 

11 (USAID) or the Department of State with any de12 partment, agency, or instrumentality of the United 

13 States Government pursuant to section 632(b) of the 

14 Foreign Assistance Act of 1961 valued in excess of 

15 $1,000,000 and any agreement made pursuant to 

16 section 632(a) of such Act, with funds appropriated 

17 by this Act and prior Acts making appropriations 

18 for the Department of State, foreign operations, and 

19 related programs under the headings ‘‘Global Health 

20 Programs’’, ‘‘Development Assistance’’, and ‘‘Eco21 nomic Support Fund’’ shall be subject to the regular 

22 notification procedures of the Committees on Appro23 priations: Provided, That the requirement in the pre24 vious sentence shall not apply to agreements entered 

25 into between USAID and the Department of State. 

mstockstill on DSK4VPTVN1PROD with BILLS

1020 

•HR 3671 IH

1 (d) TRANSFERS BETWEEN ACCOUNTS.—None of the 

2 funds made available under titles II through V of this Act 

3 may be obligated under an appropriation account to which 

4 they were not appropriated, except for transfers specifi5 cally provided for in this Act, unless the President, not 

6 less than 5 days prior to the exercise of any authority con7 tained in the Foreign Assistance Act of 1961 to transfer 

8 funds, consults with and provides a written policy jus9 tification to the Committees on Appropriations. 

10 (e) AUDIT OF INTER-AGENCY TRANSFERS.—Any 

11 agreement for the transfer or allocation of funds appro12 priated by this Act, or prior Acts, entered into between 

13 the Department of State or USAID and another agency 

14 of the United States Government under the authority of 

15 section 632(a) of the Foreign Assistance Act of 1961 or 

16 any comparable provision of law, shall expressly provide 

17 that the Inspector General (IG) for the agency receiving 

18 the transfer or allocation of such funds, or other entity 

19 with audit responsibility if the receiving agency does not 

20 have an IG, shall perform periodic program and financial 

21 audits of the use of such funds: Provided, That such au22 dits shall be transmitted to the Committees on Appropria23 tions: Provided further, That funds transferred under such 

24 authority may be made available for the cost of such au25 dits. 

mstockstill on DSK4VPTVN1PROD with BILLS

1021 

•HR 3671 IH

1 REPORTING REQUIREMENT

2 SEC. 7010. The Secretary of State shall provide the 

3 Committees on Appropriations, not later than April 1, 

4 2012, and for each fiscal quarter, a report in writing on 

5 the uses of funds made available under the headings ‘‘For6 eign Military Financing Program’’, ‘‘International Mili7 tary Education and Training’’, ‘‘Peacekeeping Oper8 ations’’, and ‘‘Pakistan Counterinsurgency Capability 

9 Fund’’: Provided, That such report shall include a descrip10 tion of the obligation and expenditure of funds, and the 

11 specific country in receipt of, and the use or purpose of 

12 the assistance provided by such funds. 

13 AVAILABILITY OF FUNDS

14 SEC. 7011. No part of any appropriation contained 

15 in this Act shall remain available for obligation after the 

16 expiration of the current fiscal year unless expressly so 

17 provided in this Act: Provided, That funds appropriated 

18 for the purposes of chapters 1 and 8 of part I, section 

19 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign 

20 Assistance Act of 1961, section 23 of the Arms Export 

21 Control Act, and funds provided under the headings ‘‘As22 sistance for Europe, Eurasia and Central Asia’’ and ‘‘De23 velopment Credit Authority’’, shall remain available for an 

24 additional 4 years from the date on which the availability 

25 of such funds would otherwise have expired, if such funds 

mstockstill on DSK4VPTVN1PROD with BILLS

1022 

•HR 3671 IH

1 are initially obligated before the expiration of their respec2 tive periods of availability contained in this Act: Provided 

3 further, That notwithstanding any other provision of this 

4 Act, any funds made available for the purposes of chapter 

5 1 of part I and chapter 4 of part II of the Foreign Assist6 ance Act of 1961 which are allocated or obligated for cash 

7 disbursements in order to address balance of payments or 

8 economic policy reform objectives, shall remain available 

9 for an additional 4 years from the date on which the avail10 ability of such funds would otherwise have expired, if such 

11 funds are initially allocated or obligated before the expira12 tion of their respective periods of availability contained in 

13 this Act: Provided further, That the Secretary of State 

14 shall provide a report to the Committees on Appropria15 tions at the beginning of each fiscal year, detailing by ac16 count and source year, the use of this authority during 

17 the previous fiscal year. 

18 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

19 SEC. 7012. No part of any appropriation provided 

20 under titles III through VI in this Act shall be used to 

21 furnish assistance to the government of any country which 

22 is in default during a period in excess of one calendar year 

23 in payment to the United States of principal or interest 

24 on any loan made to the government of such country by 

25 the United States pursuant to a program for which funds 

mstockstill on DSK4VPTVN1PROD with BILLS

1023 

•HR 3671 IH

1 are appropriated under this Act unless the President de2 termines, following consultations with the Committees on 

3 Appropriations, that assistance for such country is in the 

4 national interest of the United States. 

5 PROHIBITION ON TAXATION OF UNITED STATES

6 ASSISTANCE

7 SEC. 7013. (a) PROHIBITION ON TAXATION.—None 

8 of the funds appropriated under titles III through VI of 

9 this Act may be made available to provide assistance for 

10 a foreign country under a new bilateral agreement gov11 erning the terms and conditions under which such assist12 ance is to be provided unless such agreement includes a 

13 provision stating that assistance provided by the United 

14 States shall be exempt from taxation, or reimbursed, by 

15 the foreign government, and the Secretary of State shall 

16 expeditiously seek to negotiate amendments to existing bi17 lateral agreements, as necessary, to conform with this re18 quirement. 

19 (b) REIMBURSEMENT OF FOREIGN TAXES.—An 

20 amount equivalent to 200 percent of the total taxes as21 sessed during fiscal year 2012 on funds appropriated by 

22 this Act by a foreign government or entity against com23 modities financed under United States assistance pro24 grams for which funds are appropriated by this Act, either 

25 directly or through grantees, contractors and subcontracmstockstill on DSK4VPTVN1PROD with BILLS

1024 

•HR 3671 IH

1 tors shall be withheld from obligation from funds appro2 priated for assistance for fiscal year 2013 and allocated 

3 for the central government of such country and for the 

4 West Bank and Gaza program to the extent that the Sec5 retary of State certifies and reports in writing to the Com6 mittees on Appropriations that such taxes have not been 

7 reimbursed to the Government of the United States. 

8 (c) DE MINIMIS EXCEPTION.—Foreign taxes of a de 

9 minimis nature shall not be subject to the provisions of 

10 subsection (b). 

11 (d) REPROGRAMMING OF FUNDS.—Funds withheld 

12 from obligation for each country or entity pursuant to sub13 section (b) shall be reprogrammed for assistance to coun14 tries which do not assess taxes on United States assistance 

15 or which have an effective arrangement that is providing 

16 substantial reimbursement of such taxes. 

17 (e) DETERMINATIONS.— 

18 (1) The provisions of this section shall not 

19 apply to any country or entity the Secretary of State 

20 determines— 

21 (A) does not assess taxes on United States 

22 assistance or which has an effective arrange23 ment that is providing substantial reimburse24 ment of such taxes; or 

mstockstill on DSK4VPTVN1PROD with BILLS

1025 

•HR 3671 IH

1 (B) the foreign policy interests of the 

2 United States outweigh the purpose of this sec3 tion to ensure that United States assistance is 

4 not subject to taxation. 

5 (2) The Secretary of State shall consult with 

6 the Committees on Appropriations at least 15 days 

7 prior to exercising the authority of this subsection 

8 with regard to any country or entity. 

9 (f) IMPLEMENTATION.—The Secretary of State shall 

10 issue rules, regulations, or policy guidance, as appropriate, 

11 to implement the prohibition against the taxation of assist12 ance contained in this section. 

13 (g) DEFINITIONS.—As used in this section— 

14 (1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to 

15 value added taxes and customs duties imposed on 

16 commodities financed with United States assistance 

17 for programs for which funds are appropriated by 

18 this Act; and 

19 (2) the term ‘‘bilateral agreement’’ refers to a 

20 framework bilateral agreement between the Govern21 ment of the United States and the government of 

22 the country receiving assistance that describes the 

23 privileges and immunities applicable to United 

24 States foreign assistance for such country generally, 

25 or an individual agreement between the Government 

mstockstill on DSK4VPTVN1PROD with BILLS

1026 

•HR 3671 IH

1 of the United States and such government that de2 scribes, among other things, the treatment for tax 

3 purposes that will be accorded the United States as4 sistance provided under that agreement. 

5 (h) REPORT.—The Secretary of State shall submit a 

6 report to the Committees on Appropriations not later than 

7 90 days after the enactment of this Act detailing steps 

8 taken by the Department of State to comply with the re9 quirements provided in subsections (a) and (f). 

10 RESERVATIONS OF FUNDS

11 SEC. 7014. (a) Funds appropriated under titles II 

12 through VI of this Act which are specifically designated 

13 may be reprogrammed for other programs within the same 

14 account notwithstanding the designation if compliance 

15 with the designation is made impossible by operation of 

16 any provision of this or any other Act: Provided, That any 

17 such reprogramming shall be subject to the regular notifi18 cation procedures of the Committees on Appropriations: 

19 Provided further, That assistance that is reprogrammed 

20 pursuant to this subsection shall be made available under 

21 the same terms and conditions as originally provided. 

22 (b) In addition to the authority contained in sub23 section (a), the original period of availability of funds ap24 propriated by this Act and administered by the United 

25 States Agency for International Development (USAID) 

mstockstill on DSK4VPTVN1PROD with BILLS

1027 

•HR 3671 IH

1 that are specifically designated for particular programs or 

2 activities by this or any other Act shall be extended for 

3 an additional fiscal year if the USAID Administrator de4 termines and reports promptly to the Committees on Ap5 propriations that the termination of assistance to a coun6 try or a significant change in circumstances makes it un7 likely that such designated funds can be obligated during 

8 the original period of availability: Provided, That such des9 ignated funds that continue to be available for an addi10 tional fiscal year shall be obligated only for the purpose 

11 of such designation. 

12 (c) Ceilings and specifically designated funding levels 

13 contained in this Act shall not be applicable to funds or 

14 authorities appropriated or otherwise made available by 

15 any subsequent Act unless such Act specifically so directs: 

16 Provided, That specifically designated funding levels or 

17 minimum funding requirements contained in any other 

18 Act shall not be applicable to funds appropriated by this 

19 Act. 

20 NOTIFICATION REQUIREMENTS

21 SEC. 7015. (a) None of the funds made available in 

22 title I of this Act, or in prior appropriations Acts to the 

23 agencies and departments funded by this Act that remain 

24 available for obligation or expenditure in fiscal year 2012, 

25 or provided from any accounts in the Treasury of the 

mstockstill on DSK4VPTVN1PROD with BILLS

1028 

•HR 3671 IH

1 United States derived by the collection of fees or of cur2 rency reflows or other offsetting collections, or made avail3 able by transfer, to the agencies and departments funded 

4 by this Act, shall be available for obligation or expenditure 

5 through a reprogramming of funds that: 

6 (1) creates new programs; 

7 (2) eliminates a program, project, or activity; 

8 (3) increases funds or personnel by any means 

9 for any project or activity for which funds have been 

10 denied or restricted; 

11 (4) relocates an office or employees; 

12 (5) closes or opens a mission or post; 

13 (6) creates, reorganizes, or renames bureaus, 

14 centers, or offices; 

15 (7) reorganizes programs or activities; or 

16 (8) contracts out or privatizes any functions or 

17 activities presently performed by Federal employees; 

18 unless the Committees on Appropriations are notified 15 

19 days in advance of such reprogramming of funds: Pro20 vided, That unless previously justified to the Committees 

21 on Appropriations, the requirements of this subsection 

22 shall apply to all obligations of funds appropriated under 

23 title I of this Act for items (5) and (6) above. 

24 (b) None of the funds provided under title I of this 

25 Act, or provided under previous appropriations Acts to the 

mstockstill on DSK4VPTVN1PROD with BILLS

1029 

•HR 3671 IH

1 agency or department funded under title I of this Act that 

2 remain available for obligation or expenditure in fiscal 

3 year 2012, or provided from any accounts in the Treasury 

4 of the United States derived by the collection of fees avail5 able to the agency or department funded under title I of 

6 this Act, shall be available for obligation or expenditure 

7 for activities, programs, or projects through a reprogram8 ming of funds in excess of $1,000,000 or 10 percent, 

9 whichever is less, that: 

10 (1) augments existing programs, projects, or ac11 tivities; 

12 (2) reduces by 10 percent funding for any exist13 ing program, project, or activity, or numbers of per14 sonnel by 10 percent as approved by Congress; or 

15 (3) results from any general savings, including 

16 savings from a reduction in personnel, which would 

17 result in a change in existing programs, activities, or 

18 projects as approved by Congress; unless the Com19 mittees on Appropriations are notified 15 days in 

20 advance of such reprogramming of funds. 

21 (c) None of the funds made available under titles II 

22 through VI and VIII in this Act under the headings 

23 ‘‘Global Health Programs’’, ‘‘Development Assistance’’, 

24 ‘‘International Organizations and Programs’’, ‘‘Trade and 

25 Development Agency’’, ‘‘International Narcotics Control 

mstockstill on DSK4VPTVN1PROD with BILLS

1030 

•HR 3671 IH

1 and Law Enforcement’’, ‘‘Assistance for Europe, Eurasia 

2 and Central Asia’’, ‘‘Economic Support Fund’’, ‘‘Democ3 racy Fund’’, ‘‘Peacekeeping Operations’’, ‘‘Capital Invest4 ment Fund’’, ‘‘Operating Expenses’’, ‘‘Conflict Stabiliza5 tion Operations’’, ‘‘Office of Inspector General’’, ‘‘Non6 proliferation, Anti-terrorism, Demining and Related Pro7 grams’’, ‘‘Millennium Challenge Corporation’’, ‘‘Foreign 

8 Military Financing Program’’, ‘‘International Military 

9 Education and Training’’, ‘‘Pakistan Counterinsurgency 

10 Capability Fund’’, and ‘‘Peace Corps’’, shall be available 

11 for obligation for activities, programs, projects, type of 

12 materiel assistance, countries, or other operations not jus13 tified or in excess of the amount justified to the Commit14 tees on Appropriations for obligation under any of these 

15 specific headings unless the Committees on Appropriations 

16 are notified 15 days in advance: Provided, That the Presi17 dent shall not enter into any commitment of funds appro18 priated for the purposes of section 23 of the Arms Export 

19 Control Act for the provision of major defense equipment, 

20 other than conventional ammunition, or other major de21 fense items defined to be aircraft, ships, missiles, or com22 bat vehicles, not previously justified to Congress or 20 per23 cent in excess of the quantities justified to Congress unless 

24 the Committees on Appropriations are notified 15 days in 

25 advance of such commitment: Provided further, That remstockstill on DSK4VPTVN1PROD with BILLS

1031 

•HR 3671 IH

1 quirements of this subsection or any similar provision of 

2 any other Act shall not apply to any reprogramming for 

3 an activity, program, or project for which funds are appro4 priated under titles II through IV of this Act of less than 

5 10 percent of the amount previously justified to the Con6 gress for obligation for such activity, program, or project 

7 for the current fiscal year. 

8 (d) Notwithstanding any other provision of law, with 

9 the exception of funds transferred to, and merged with, 

10 funds appropriated under title I of this Act, funds trans11 ferred by the Department of Defense to the Department 

12 of State and the United States Agency for International 

13 Development for assistance for foreign countries and 

14 international organizations, and funds made available for 

15 programs authorized by section 1206 of the National De16 fense Authorization Act for Fiscal Year 2006 (Public Law 

17 109–163), shall be subject to the regular notification pro18 cedures of the Committees on Appropriations. 

19 (e) The requirements of this section or any similar 

20 provision of this Act or any other Act, including any prior 

21 Act requiring notification in accordance with the regular 

22 notification procedures of the Committees on Appropria23 tions, may be waived if failure to do so would pose a sub24 stantial risk to human health or welfare: Provided, That 

25 in case of any such waiver, notification to the Committees 

mstockstill on DSK4VPTVN1PROD with BILLS

1032 

•HR 3671 IH

1 on Appropriations shall be provided as early as prac2 ticable, but in no event later than 3 days after taking the 

3 action to which such notification requirement was applica4 ble, in the context of the circumstances necessitating such 

5 waiver: Provided further, That any notification provided 

6 pursuant to such a waiver shall contain an explanation 

7 of the emergency circumstances. 

8 (f) None of the funds appropriated under titles III 

9 through VI and VIII of this Act shall be obligated or ex10 pended for assistance for Serbia, Sudan, South Sudan, 

11 Zimbabwe, Afghanistan, Iraq, Pakistan, Cuba, Iran, 

12 Haiti, Libya, Ethiopia, Nepal, Colombia, Honduras, 

13 Burma, Yemen, Mexico, Kazakhstan, Uzbekistan, the 

14 Russian Federation, Somalia, Sri Lanka, or Cambodia ex15 cept as provided through the regular notification proce16 dures of the Committees on Appropriations. 

17 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

18 SEC. 7016. Prior to providing excess Department of 

19 Defense articles in accordance with section 516(a) of the 

20 Foreign Assistance Act of 1961, the Department of De21 fense shall notify the Committees on Appropriations to the 

22 same extent and under the same conditions as other com23 mittees pursuant to subsection (f) of that section: Pro24 vided, That before issuing a letter of offer to sell excess 

25 defense articles under the Arms Export Control Act, the 

mstockstill on DSK4VPTVN1PROD with BILLS

1033 

•HR 3671 IH

1 Department of Defense shall notify the Committees on 

2 Appropriations in accordance with the regular notification 

3 procedures of such Committees if such defense articles are 

4 significant military equipment (as defined in section 47(9) 

5 of the Arms Export Control Act) or are valued (in terms 

6 of original acquisition cost) at $7,000,000 or more, or if 

7 notification is required elsewhere in this Act for the use 

8 of appropriated funds for specific countries that would re9 ceive such excess defense articles: Provided further, That 

10 such Committees shall also be informed of the original ac11 quisition cost of such defense articles. 

12 LIMITATION ON AVAILABILITY OF FUNDS FOR

13 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

14 SEC. 7017. Subject to the regular notification proce15 dures of the Committees on Appropriations, funds appro16 priated under titles III through VI of this Act and prior 

17 Acts making appropriations for the Department of State, 

18 foreign operations, and related programs, which are re19 turned or not made available for organizations and pro20 grams because of the implementation of section 307(a) of 

21 the Foreign Assistance Act of 1961 or section 7049(a) of 

22 this Act, shall remain available for obligation until Sep23 tember 30, 2013. 

mstockstill on DSK4VPTVN1PROD with BILLS

1034 

•HR 3671 IH

1 PROHIBITION ON FUNDING FOR ABORTIONS AND

2 INVOLUNTARY STERILIZATION

3 SEC. 7018. None of the funds made available to carry 

4 out part I of the Foreign Assistance Act of 1961, as 

5 amended, may be used to pay for the performance of abor6 tions as a method of family planning or to motivate or 

7 coerce any person to practice abortions. None of the funds 

8 made available to carry out part I of the Foreign Assist9 ance Act of 1961, as amended, may be used to pay for 

10 the performance of involuntary sterilization as a method 

11 of family planning or to coerce or provide any financial 

12 incentive to any person to undergo sterilizations. None of 

13 the funds made available to carry out part I of the Foreign 

14 Assistance Act of 1961, as amended, may be used to pay 

15 for any biomedical research which relates in whole or in 

16 part, to methods of, or the performance of, abortions or 

17 involuntary sterilization as a means of family planning. 

18 None of the funds made available to carry out part I of 

19 the Foreign Assistance Act of 1961, as amended, may be 

20 obligated or expended for any country or organization if 

21 the President certifies that the use of these funds by any 

22 such country or organization would violate any of the 

23 above provisions related to abortions and involuntary steri24 lizations. 

mstockstill on DSK4VPTVN1PROD with BILLS

1035 

•HR 3671 IH

1 ALLOCATIONS

2 SEC. 7019. (a) Funds provided in this Act shall be 

3 made available for programs and countries in the amounts 

4 contained in the respective tables included in the explana5 tory statement described in section 4 (in the matter pre6 ceding division A of this consolidated Act). 

7 (b) For the purposes of implementing this section and 

8 only with respect to the tables included in the explanatory 

9 statement described in section 4 (in the matter preceding 

10 division A of this consolidated Act), the Secretary of State, 

11 the Administrator of the United States Agency for Inter12 national Development and the Broadcasting Board of Gov13 ernors, as appropriate, may propose deviations to the 

14 amounts referenced in subsection (a), subject to the reg15 ular notification procedures of the Committees on Appro16 priations. 

17 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

18 SEC. 7020. None of the funds appropriated or other19 wise made available by this Act under the headings ‘‘Inter20 national Military Education and Training’’ or ‘‘Foreign 

21 Military Financing Program’’ for Informational Program 

22 activities or under the headings ‘‘Global Health Pro23 grams’’, ‘‘Development Assistance’’, and ‘‘Economic Sup24 port Fund’’ may be obligated or expended to pay for— 

25 (1) alcoholic beverages; or 

mstockstill on DSK4VPTVN1PROD with BILLS

1036 

•HR 3671 IH

1 (2) entertainment expenses for activities that 

2 are substantially of a recreational character, includ3 ing but not limited to entrance fees at sporting 

4 events, theatrical and musical productions, and 

5 amusement parks. 

6 PROHIBITION ON ASSISTANCE TO GOVERNMENTS

7 SUPPORTING INTERNATIONAL TERRORISM

8 SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EX9 PORTS.— 

10 (1) None of the funds appropriated or otherwise 

11 made available by titles III through VI of this Act 

12 may be available to any foreign government which 

13 provides lethal military equipment to a country the 

14 government of which the Secretary of State has de15 termined supports international terrorism for pur16 poses of section 6(j) of the Export Administration 

17 Act of 1979: Provided, That the prohibition under 

18 this section with respect to a foreign government 

19 shall terminate 12 months after that government 

20 ceases to provide such military equipment: Provided 

21 further, That this section applies with respect to le22 thal military equipment provided under a contract 

23 entered into after October 1, 1997. 

24 (2) Assistance restricted by paragraph (1) or 

25 any other similar provision of law, may be furnished 

mstockstill on DSK4VPTVN1PROD with BILLS

1037 

•HR 3671 IH

1 if the President determines that to do so is impor2 tant to the national interests of the United States. 

3 (3) Whenever the President makes a determina4 tion pursuant to paragraph (2), the President shall 

5 submit to the Committees on Appropriations a re6 port with respect to the furnishing of such assist7 ance, including a detailed explanation of the assist8 ance to be provided, the estimated dollar amount of 

9 such assistance, and an explanation of how the as10 sistance furthers United States national interests. 

11 (b) BILATERAL ASSISTANCE.— 

12 (1) Funds appropriated for bilateral assistance 

13 in titles III through VI of this Act and funds appro14 priated under any such title in prior acts making ap15 propriations for the Department of State, foreign 

16 operations, and related programs, shall not be made 

17 available to any foreign government which the Presi18 dent determines— 

19 (A) grants sanctuary from prosecution to 

20 any individual or group which has committed 

21 an act of international terrorism; 

22 (B) otherwise supports international ter23 rorism; or 

24 (C) is controlled by an organization des25 ignated as a terrorist organization under secmstockstill on DSK4VPTVN1PROD with BILLS

1038 

•HR 3671 IH

1 tion 219 of the Immigration and Nationality 

2 Act. 

3 (2) The President may waive the application of 

4 paragraph (1) to a government if the President de5 termines that national security or humanitarian rea6 sons justify such waiver: Provided, That the Presi7 dent shall publish each such waiver in the Federal 

8 Register and, at least 15 days before the waiver 

9 takes effect, shall notify the Committees on Appro10 priations of the waiver (including the justification 

11 for the waiver) in accordance with the regular notifi12 cation procedures of the Committees on Appropria13 tions. 

14 AUTHORIZATION REQUIREMENTS

15 SEC. 7022. Funds appropriated by this Act, except 

16 funds appropriated under the heading ‘‘Trade and Devel17 opment Agency’’, may be obligated and expended notwith18 standing section 10 of Public Law 91–672, section 15 of 

19 the State Department Basic Authorities Act of 1956, sec20 tion 313 of the Foreign Relations Authorization Act, Fis21 cal Years 1994 and 1995 (Public Law 103–236), and sec22 tion 504(a)(1) of the National Security Act of 1947 (50 

23 U.S.C. 414(a)(1)). 

mstockstill on DSK4VPTVN1PROD with BILLS

1039 

•HR 3671 IH

1 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

2 SEC. 7023. For the purpose of titles II through VI 

3 of this Act ‘‘program, project, and activity’’ shall be de4 fined at the appropriations Act account level and shall in5 clude all appropriations and authorizations Acts funding 

6 directives, ceilings, and limitations with the exception that 

7 for the following accounts: ‘‘Economic Support Fund’’ and 

8 ‘‘Foreign Military Financing Program’’, ‘‘program, 

9 project, and activity’’ shall also be considered to include 

10 country, regional, and central program level funding with11 in each such account; for the development assistance ac12 counts of the United States Agency for International De13 velopment ‘‘program, project, and activity’’ shall also be 

14 considered to include central, country, regional, and pro15 gram level funding, either as: 

16 (1) justified to the Congress; or 

17 (2) allocated by the executive branch in accord18 ance with a report, to be provided to the Committees 

19 on Appropriations within 30 days of the enactment 

20 of this Act, as required by section 653(a) of the For21 eign Assistance Act of 1961. 

22 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

23 FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION

24 SEC. 7024. Unless expressly provided to the contrary, 

25 provisions of this or any other Act, including provisions 

mstockstill on DSK4VPTVN1PROD with BILLS

1040 

•HR 3671 IH

1 contained in prior Acts authorizing or making appropria2 tions for the Department of State, foreign operations, and 

3 related programs, shall not be construed to prohibit activi4 ties authorized by or conducted under the Peace Corps 

5 Act, the Inter-American Foundation Act or the African 

6 Development Foundation Act: Provided, That prior to con7 ducting activities in a country for which assistance is pro8 hibited, the agency shall consult with the Committees on 

9 Appropriations and report to such Committees within 15 

10 days of taking such action. 

11 COMMERCE, TRADE AND SURPLUS COMMODITIES

12 SEC. 7025. (a) None of the funds appropriated or 

13 made available pursuant to titles III through VI of this 

14 Act for direct assistance and none of the funds otherwise 

15 made available to the Export-Import Bank and the Over16 seas Private Investment Corporation shall be obligated or 

17 expended to finance any loan, any assistance or any other 

18 financial commitments for establishing or expanding pro19 duction of any commodity for export by any country other 

20 than the United States, if the commodity is likely to be 

21 in surplus on world markets at the time the resulting pro22 ductive capacity is expected to become operative and if the 

23 assistance will cause substantial injury to United States 

24 producers of the same, similar, or competing commodity: 

25 Provided, That such prohibition shall not apply to the Exmstockstill on DSK4VPTVN1PROD with BILLS

1041 

•HR 3671 IH

1 port-Import Bank if in the judgment of its Board of Direc2 tors the benefits to industry and employment in the 

3 United States are likely to outweigh the injury to United 

4 States producers of the same, similar, or competing com5 modity, and the Chairman of the Board so notifies the 

6 Committees on Appropriations: Provided further, That this 

7 subsection shall not prohibit— 

8 (1) activities in a country that is eligible for as9 sistance from the International Development Asso10 ciation, is not eligible for assistance from the Inter11 national Bank for Reconstruction and Development, 

12 and does not export on a consistent basis the agri13 cultural commodity with respect to which assistance 

14 is furnished; or 

15 (2) activities in a country the President deter16 mines is recovering from widespread conflict, a hu17 manitarian crisis, or a complex emergency. 

18 (b) None of the funds appropriated by this or any 

19 other Act to carry out chapter 1 of part I of the Foreign 

20 Assistance Act of 1961 shall be available for any testing 

21 or breeding feasibility study, variety improvement or intro22 duction, consultancy, publication, conference, or training 

23 in connection with the growth or production in a foreign 

24 country of an agricultural commodity for export which 

25 would compete with a similar commodity grown or promstockstill on DSK4VPTVN1PROD with BILLS

1042 

•HR 3671 IH

1 duced in the United States: Provided, That this subsection 

2 shall not prohibit— 

3 (1) activities designed to increase food security 

4 in developing countries where such activities will not 

5 have a significant impact on the export of agricul6 tural commodities of the United States; 

7 (2) research activities intended primarily to 

8 benefit American producers; 

9 (3) activities in a country that is eligible for as10 sistance from the International Development Asso11 ciation, is not eligible for assistance from the Inter12 national Bank for Reconstruction and Development, 

13 and does not export on a consistent basis the agri14 cultural commodity with respect to which assistance 

15 is furnished; or 

16 (4) activities in a country the President deter17 mines is recovering from widespread conflict, a hu18 manitarian crisis, or a complex emergency. 

19 (c) The Secretary of the Treasury shall instruct the 

20 United States Executive Directors of the International 

21 Bank for Reconstruction and Development, the Inter22 national Development Association, the International Fi23 nance Corporation, the Inter-American Development 

24 Bank, the International Monetary Fund, the Asian Devel25 opment Bank, the Inter-American Investment Corporamstockstill on DSK4VPTVN1PROD with BILLS

1043 

•HR 3671 IH

1 tion, the North American Development Bank, the Euro2 pean Bank for Reconstruction and Development, the Afri3 can Development Bank, and the African Development 

4 Fund to use the voice and vote of the United States to 

5 oppose any assistance by these institutions, using funds 

6 appropriated or made available pursuant to titles III 

7 through VI of this Act, for the production or extraction 

8 of any commodity or mineral for export, if it is in surplus 

9 on world markets and if the assistance will cause substan10 tial injury to United States producers of the same, similar, 

11 or competing commodity. 

12 SEPARATE ACCOUNTS

13 SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL

14 CURRENCIES.— 

15 (1) If assistance is furnished to the government 

16 of a foreign country under chapters 1 and 10 of part 

17 I or chapter 4 of part II of the Foreign Assistance 

18 Act of 1961 under agreements which result in the 

19 generation of local currencies of that country, the 

20 Administrator of the United States Agency for 

21 International Development (USAID) shall— 

22 (A) require that local currencies be depos23 ited in a separate account established by that 

24 government; 

mstockstill on DSK4VPTVN1PROD with BILLS

1044 

•HR 3671 IH

1 (B) enter into an agreement with that gov2 ernment which sets forth— 

3 (i) the amount of the local currencies 

4 to be generated; and 

5 (ii) the terms and conditions under 

6 which the currencies so deposited may be 

7 utilized, consistent with this section; and 

8 (C) establish by agreement with that gov9 ernment the responsibilities of USAID and that 

10 government to monitor and account for deposits 

11 into and disbursements from the separate ac12 count. 

13 (2) USES OF LOCAL CURRENCIES.—As may be 

14 agreed upon with the foreign government, local cur15 rencies deposited in a separate account pursuant to 

16 subsection (a), or an equivalent amount of local cur17 rencies, shall be used only— 

18 (A) to carry out chapter 1 or 10 of part 

19 I or chapter 4 of part II of the Foreign Assist20 ance Act of 1961 (as the case may be), for such 

21 purposes as— 

22 (i) project and sector assistance activi23 ties; or 

24 (ii) debt and deficit financing; or 

mstockstill on DSK4VPTVN1PROD with BILLS

1045 

•HR 3671 IH

1 (B) for the administrative requirements of 

2 the United States Government. 

3 (3) PROGRAMMING ACCOUNTABILITY.—USAID 

4 shall take all necessary steps to ensure that the 

5 equivalent of the local currencies disbursed pursuant 

6 to subsection (a)(2)(A) from the separate account 

7 established pursuant to subsection (a)(1) are used 

8 for the purposes agreed upon pursuant to subsection 

9 (a)(2). 

10 (4) TERMINATION OF ASSISTANCE PRO11 GRAMS.—Upon termination of assistance to a coun12 try under chapter 1 or 10 of part I or chapter 4 of 

13 part II of the Foreign Assistance Act of 1961 (as 

14 the case may be), any unencumbered balances of 

15 funds which remain in a separate account estab16 lished pursuant to subsection (a) shall be disposed of 

17 for such purposes as may be agreed to by the gov18 ernment of that country and the United States Gov19 ernment. 

20 (5) REPORTING REQUIREMENT.—The USAID 

21 Administrator shall report on an annual basis as 

22 part of the justification documents submitted to the 

23 Committees on Appropriations on the use of local 

24 currencies for the administrative requirements of the 

25 United States Government as authorized in submstockstill on DSK4VPTVN1PROD with BILLS

1046 

•HR 3671 IH

1 section (a)(2)(B), and such report shall include the 

2 amount of local currency (and United States dollar 

3 equivalent) used and/or to be used for such purpose 

4 in each applicable country. 

5 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— 

6 (1) If assistance is made available to the gov7 ernment of a foreign country, under chapter 1 or 10 

8 of part I or chapter 4 of part II of the Foreign As9 sistance Act of 1961, as cash transfer assistance or 

10 as nonproject sector assistance, that country shall be 

11 required to maintain such funds in a separate ac12 count and not commingle them with any other 

13 funds. 

14 (2) APPLICABILITY OF OTHER PROVISIONS OF

15 LAW.—Such funds may be obligated and expended 

16 notwithstanding provisions of law which are incon17 sistent with the nature of this assistance including 

18 provisions which are referenced in the Joint Explan19 atory Statement of the Committee of Conference ac20 companying House Joint Resolution 648 (House Re21 port No. 98–1159). 

22 (3) NOTIFICATION.—At least 15 days prior to 

23 obligating any such cash transfer or nonproject sec24 tor assistance, the President shall submit a notifica25 tion through the regular notification procedures of 

mstockstill on DSK4VPTVN1PROD with BILLS

1047 

•HR 3671 IH

1 the Committees on Appropriations, which shall in2 clude a detailed description of how the funds pro3 posed to be made available will be used, with a dis4 cussion of the United States interests that will be 

5 served by the assistance (including, as appropriate, 

6 a description of the economic policy reforms that will 

7 be promoted by such assistance). 

8 (4) EXEMPTION.—Nonproject sector assistance 

9 funds may be exempt from the requirements of sub10 section (b)(1) only through the regular notification 

11 procedures of the Committees on Appropriations. 

12 ELIGIBILITY FOR ASSISTANCE

13 SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERN14 MENTAL ORGANIZATIONS.—Restrictions contained in this 

15 or any other Act with respect to assistance for a country 

16 shall not be construed to restrict assistance in support of 

17 programs of nongovernmental organizations from funds 

18 appropriated by this Act to carry out the provisions of 

19 chapters 1, 10, 11, and 12 of part I and chapter 4 of 

20 part II of the Foreign Assistance Act of 1961, and from 

21 funds appropriated under the heading ‘‘Assistance for Eu22 rope, Eurasia and Central Asia’’: Provided, That before 

23 using the authority of this subsection to furnish assistance 

24 in support of programs of nongovernmental organizations, 

25 the President shall notify the Committees on Appropriamstockstill on DSK4VPTVN1PROD with BILLS

1048 

•HR 3671 IH

1 tions under the regular notification procedures of those 

2 committees, including a description of the program to be 

3 assisted, the assistance to be provided, and the reasons 

4 for furnishing such assistance: Provided further, That 

5 nothing in this subsection shall be construed to alter any 

6 existing statutory prohibitions against abortion or involun7 tary sterilizations contained in this or any other Act. 

8 (b) PUBLIC LAW 480.—During fiscal year 2012, re9 strictions contained in this or any other Act with respect 

10 to assistance for a country shall not be construed to re11 strict assistance under the Agricultural Trade Develop12 ment and Assistance Act of 1954: Provided, That none 

13 of the funds appropriated to carry out title I of such Act 

14 and made available pursuant to this subsection may be 

15 obligated or expended except as provided through the reg16 ular notification procedures of the Committees on Appro17 priations. 

18 (c) EXCEPTION.—This section shall not apply— 

19 (1) with respect to section 620A of the Foreign 

20 Assistance Act of 1961 or any comparable provision 

21 of law prohibiting assistance to countries that sup22 port international terrorism; or 

23 (2) with respect to section 116 of the Foreign 

24 Assistance Act of 1961 or any comparable provision 

25 of law prohibiting assistance to the government of a 

mstockstill on DSK4VPTVN1PROD with BILLS

1049 

•HR 3671 IH

1 country that violates internationally recognized 

2 human rights. 

3 IMPACT ON JOBS IN THE UNITED STATES

4 SEC. 7028. None of the funds appropriated under ti5 tles III through VI of this Act may be obligated or ex6 pended to provide— 

7 (1) any financial incentive to a business enter8 prise currently located in the United States for the 

9 purpose of inducing such an enterprise to relocate 

10 outside the United States if such incentive or in11 ducement is likely to reduce the number of employ12 ees of such business enterprise in the United States 

13 because United States production is being replaced 

14 by such enterprise outside the United States; or 

15 (2) assistance for any program, project, or ac16 tivity that contributes to the violation of internation17 ally recognized workers rights, as defined in section 

18 507(4) of the Trade Act of 1974, of workers in the 

19 recipient country, including any designated zone or 

20 area in that country: Provided, That the application 

21 of section 507(4)(D) and (E) of such Act should be 

22 commensurate with the level of development of the 

23 recipient country and sector, and shall not preclude 

24 assistance for the informal sector in such country, 

mstockstill on DSK4VPTVN1PROD with BILLS

1050 

•HR 3671 IH

1 micro and small-scale enterprise, and smallholder 

2 agriculture. 

3 INTERNATIONAL FINANCIAL INSTITUTIONS

4 SEC. 7029. (a) None of the funds appropriated under 

5 title V of this Act may be made as payment to any inter6 national financial institution while the United States exec7 utive director to such institution is compensated by the 

8 institution at a rate which, together with whatever com9 pensation such executive director receives from the United 

10 States, is in excess of the rate provided for an individual 

11 occupying a position at level IV of the Executive Schedule 

12 under section 5315 of title 5, United States Code, or while 

13 any alternate United States executive director to such in14 stitution is compensated by the institution at a rate in 

15 excess of the rate provided for an individual occupying a 

16 position at level V of the Executive Schedule under section 

17 5316 of title 5, United States Code. 

18 (b) The Secretary of the Treasury shall instruct the 

19 United States executive director of each international fi20 nancial institution to oppose any loan, grant, strategy or 

21 policy of such institution that would require user fees or 

22 service charges on poor people for primary education or 

23 primary healthcare, including prevention, care and treat24 ment for HIV/AIDS, malaria, tuberculosis, and infant, 

mstockstill on DSK4VPTVN1PROD with BILLS

1051 

•HR 3671 IH

1 child, and maternal health, in connection with such insti2 tution’s financing programs. 

3 (c) The Secretary of the Treasury shall instruct the 

4 United States Executive Director of the International 

5 Monetary Fund (the Fund) to use the voice and vote of 

6 the United States to oppose any loan, project, agreement, 

7 memorandum, instrument, plan, or other program of the 

8 Fund to a Heavily Indebted Poor Country that imposes 

9 budget caps or restraints that do not allow the mainte10 nance of or an increase in governmental spending on 

11 healthcare or education; and to promote government 

12 spending on healthcare, education, agriculture and food 

13 security, or other critical safety net programs in all of the 

14 Fund’s activities with respect to Heavily Indebted Poor 

15 Countries. 

16 (d) For the purposes of this Act ‘‘international finan17 cial institutions’’ shall mean the International Bank for 

18 Reconstruction and Development, the International Devel19 opment Association, the International Finance Corpora20 tion, the Inter-American Development Bank, the Inter21 national Monetary Fund, the Asian Development Bank, 

22 the Asian Development Fund, the Inter-American Invest23 ment Corporation, the North American Development 

24 Bank, the European Bank for Reconstruction and Develmstockstill on DSK4VPTVN1PROD with BILLS

1052 

•HR 3671 IH

1 opment, the African Development Bank and the African 

2 Development Fund. 

3 DEBT-FOR-DEVELOPMENT

4 SEC. 7030. In order to enhance the continued partici5 pation of nongovernmental organizations in debt-for-devel6 opment and debt-for-nature exchanges, a nongovern7 mental organization which is a grantee or contractor of 

8 the United States Agency for International Development 

9 may place in interest bearing accounts local currencies 

10 which accrue to that organization as a result of economic 

11 assistance provided under title III of this Act and, subject 

12 to the regular notification procedures of the Committees 

13 on Appropriations, any interest earned on such investment 

14 shall be used for the purpose for which the assistance was 

15 provided to that organization. 

16 FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY

17 SEC. 7031. (a) LIMITATION ON DIRECT GOVERN18 MENT-TO-GOVERNMENT ASSISTANCE.— 

19 (1) Funds appropriated by this Act may be 

20 made available for direct Government-to-Government 

21 assistance only if— 

22 (A) each implementing agency or ministry 

23 to receive assistance has been assessed and is 

24 considered to have the systems required to 

25 manage such assistance and any identified 

mstockstill on DSK4VPTVN1PROD with BILLS

1053 

•HR 3671 IH

1 vulnerabilities or weaknesses of such agency or 

2 ministry have been addressed; and 

3 (i) the recipient agency or ministry 

4 employs and utilizes staff with the nec5 essary technical, financial, and manage6 ment capabilities; 

7 (ii) the recipient agency or ministry 

8 has adopted competitive procurement poli9 cies and systems; 

10 (iii) effective monitoring and evalua11 tion systems are in place to ensure that 

12 such assistance is used for its intended 

13 purposes; and 

14 (iv) no level of acceptable fraud is as15 sumed. 

16 (B) the Government of the United States 

17 and the government of the recipient country 

18 have agreed, in writing— 

19 (i) on clear and achievable objectives 

20 for the use of such assistance; and 

21 (ii) that such assistance should be 

22 made on a cost-reimbursable basis. 

23 (2) In addition to the requirements in sub24 section (a), no funds may be made available for such 

25 assistance without prior consultation with, and notimstockstill on DSK4VPTVN1PROD with BILLS

1054 

•HR 3671 IH

1 fication to, the Committees on Appropriations: Pro2 vided, That such notification shall contain an expla3 nation of how the proposed activity meets the re4 quirements of paragraph (1): Provided further, That 

5 the requirements of this paragraph shall only apply 

6 to direct Government-to-Government assistance in 

7 excess of $10,000,000 and all funds available for 

8 cash transfer, budget support, and cash payments to 

9 individuals. 

10 (3) The USAID Administrator or the Secretary 

11 of State, as appropriate, shall suspend any such as12 sistance if the Administrator or the Secretary has 

13 credible information of material misuse of such as14 sistance, unless the Administrator or the Secretary 

15 determines and reports to the Committees on Appro16 priations that it is in the national interest of the 

17 United States to continue such assistance. 

18 (4) Not later than 90 days after the enactment 

19 of this Act and 6 months thereafter, the USAID Ad20 ministrator shall submit to the Committees on Ap21 propriations a report that— 

22 (A) details all assistance described in sub23 section (a) provided during the previous 6- 

24 month period by country, funding amount, 

mstockstill on DSK4VPTVN1PROD with BILLS

1055 

•HR 3671 IH

1 source of funds, and type of such assistance; 

2 and 

3 (B) the type of procurement instrument or 

4 mechanism utilized and whether the assistance 

5 was provided on a cost-reimbursable basis. 

6 (5) The USAID Administrator shall submit to 

7 the Committees on Appropriations, concurrent with 

8 the fiscal year 2013 congressional budget justifica9 tion materials, amounts planned for assistance de10 scribed in subsection (a) by country, proposed fund11 ing amount, source of funds, and type of assistance. 

12 (b) NATIONAL BUDGET AND CONTRACT TRANS13 PARENCY.— 

14 (1) LIMITATION ON FUNDING.—None of the 

15 funds appropriated under titles III and IV of this 

16 Act may be made available to the central govern17 ment of any country that does not meet minimum 

18 standards of fiscal transparency: Provided, That the 

19 Secretary of State shall develop ‘‘minimum stand20 ards of fiscal transparency’’ to be updated and 

21 strengthened, as appropriate, to reflect best prac22 tices: Provided further, That the Secretary shall 

23 make an annual determination of ‘‘progress’’ or ‘‘no 

24 progress’’ for countries that do not meet minimum 

25 standards of fiscal transparency and make those demstockstill on DSK4VPTVN1PROD with BILLS

1056 

•HR 3671 IH

1 terminations publicly available in an annual ‘‘Fiscal 

2 Transparency Report’’. 

3 (2) MINIMUM STANDARDS OF FISCAL TRANS4 PARENCY.—For purposes of paragraph (1), ‘‘min5 imum standards of fiscal transparency’’ shall include 

6 standards for the public disclosure of budget docu7 mentation, including receipts and expenditures by 

8 ministry, and government contracts and licenses for 

9 natural resource extraction, to include bidding and 

10 concession allocation practices. 

11 (3) WAIVER.—The Secretary of State may 

12 waive the limitation on funding in paragraph (1) on 

13 a country-by-country basis if the Secretary reports 

14 to the Committees on Appropriations that the waiver 

15 is important to the national interest of the United 

16 States: Provided, That such waiver shall identify any 

17 steps taken by the government of the country to 

18 publicly disclose its national budget and contracts 

19 which are additional to those which were undertaken 

20 in previous fiscal years, include specific rec21 ommendations of short- and long-term steps such 

22 government can take to improve budget trans23 parency, and identify benchmarks for measuring 

24 progress. 

mstockstill on DSK4VPTVN1PROD with BILLS

1057 

•HR 3671 IH

1 (4) ASSISTANCE.—Of the funds appropriated 

2 under title III of this Act, not less than $5,000,000 

3 should be made available for programs and activities 

4 to assist the central governments of countries named 

5 in the list required by paragraph (1) to improve 

6 budget transparency or to support civil society orga7 nizations in such countries that promote budget 

8 transparency: Provided, That such sums shall be in 

9 addition to funds otherwise made available for such 

10 purposes. 

11 (c) ANTI-KLEPTOCRACY.— 

12 (1) Officials of foreign governments and their 

13 immediate family members who the Secretary of 

14 State has credible information have been involved in 

15 significant corruption, including corruption related 

16 to the extraction of natural resources, shall be ineli17 gible for entry into the United States. 

18 (2) Individuals shall not be ineligible if entry 

19 into the United States would further important 

20 United States law enforcement objectives or is nec21 essary to permit the United States to fulfill its obli22 gations under the United Nations Headquarters 

23 Agreement: Provided, That nothing in this provision 

24 shall be construed to derogate from United States 

mstockstill on DSK4VPTVN1PROD with BILLS

1058 

•HR 3671 IH

1 Government obligations under applicable inter2 national agreements. 

3 (3) The Secretary may waive the application of 

4 paragraph (1) if the Secretary determines that the 

5 waiver would serve a compelling national interest or 

6 that the circumstances which caused the individual 

7 to be ineligible have changed sufficiently. 

8 (4) Not later than 90 days after enactment of 

9 this Act and 180 days thereafter, the Secretary of 

10 State shall submit a report, in classified form if nec11 essary, to the Committees on Appropriations describ12 ing the information regarding corruption concerning 

13 each of the individuals found ineligible pursuant to 

14 paragraph (1), a list of any waivers provided under 

15 subsection (3), and the justification for each waiver. 

16 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

17 SEC. 7032. (a) LOANS ELIGIBLE FOR SALE, REDUC18 TION, OR CANCELLATION.— 

19 (1) AUTHORITY TO SELL, REDUCE, OR CANCEL

20 CERTAIN LOANS.—Notwithstanding any other provi21 sion of law, the President may, in accordance with 

22 this section, sell to any eligible purchaser any 

23 concessional loan or portion thereof made before 

24 January 1, 1995, pursuant to the Foreign Assist25 ance Act of 1961, to the government of any eligible 

mstockstill on DSK4VPTVN1PROD with BILLS

1059 

•HR 3671 IH

1 country as defined in section 702(6) of that Act or 

2 on receipt of payment from an eligible purchaser, re3 duce or cancel such loan or portion thereof, only for 

4 the purpose of facilitating— 

5 (A) debt-for-equity swaps, debt-for-develop6 ment swaps, or debt-for-nature swaps; or 

7 (B) a debt buyback by an eligible country 

8 of its own qualified debt, only if the eligible 

9 country uses an additional amount of the local 

10 currency of the eligible country, equal to not 

11 less than 40 percent of the price paid for such 

12 debt by such eligible country, or the difference 

13 between the price paid for such debt and the 

14 face value of such debt, to support activities 

15 that link conservation and sustainable use of 

16 natural resources with local community develop17 ment, and child survival and other child devel18 opment, in a manner consistent with sections 

19 707 through 710 of the Foreign Assistance Act 

20 of 1961, if the sale, reduction, or cancellation 

21 would not contravene any term or condition of 

22 any prior agreement relating to such loan. 

23 (2) TERMS AND CONDITIONS.—Notwithstanding 

24 any other provision of law, the President shall, in ac25 cordance with this section, establish the terms and 

mstockstill on DSK4VPTVN1PROD with BILLS

1060 

•HR 3671 IH

1 conditions under which loans may be sold, reduced, 

2 or canceled pursuant to this section. 

3 (3) ADMINISTRATION.—The Facility, as defined 

4 in section 702(8) of the Foreign Assistance Act of 

5 1961, shall notify the administrator of the agency 

6 primarily responsible for administering part I of the 

7 Foreign Assistance Act of 1961 of purchasers that 

8 the President has determined to be eligible, and 

9 shall direct such agency to carry out the sale, reduc10 tion, or cancellation of a loan pursuant to this sec11 tion: Provided, That such agency shall make adjust12 ment in its accounts to reflect the sale, reduction, or 

13 cancellation. 

14 (4) LIMITATION.—The authorities of this sub15 section shall be available only to the extent that ap16 propriations for the cost of the modification, as de17 fined in section 502 of the Congressional Budget Act 

18 of 1974, are made in advance. 

19 (b) DEPOSIT OF PROCEEDS.—The proceeds from the 

20 sale, reduction, or cancellation of any loan sold, reduced, 

21 or canceled pursuant to this section shall be deposited in 

22 the United States Government account or accounts estab23 lished for the repayment of such loan. 

24 (c) ELIGIBLE PURCHASERS.—A loan may be sold 

25 pursuant to subsection (a)(1)(A) only to a purchaser who 

mstockstill on DSK4VPTVN1PROD with BILLS

1061 

•HR 3671 IH

1 presents plans satisfactory to the President for using the 

2 loan for the purpose of engaging in debt-for-equity swaps, 

3 debt-for-development swaps, or debt-for-nature swaps. 

4 (d) DEBTOR CONSULTATIONS.—Before the sale to 

5 any eligible purchaser, or any reduction or cancellation 

6 pursuant to this section, of any loan made to an eligible 

7 country, the President should consult with the country 

8 concerning the amount of loans to be sold, reduced, or 

9 canceled and their uses for debt-for-equity swaps, debt10 for-development swaps, or debt-for-nature swaps. 

11 (e) AVAILABILITY OF FUNDS.—The authority pro12 vided by subsection (a) may be used only with regard to 

13 funds appropriated by this Act under the heading ‘‘Debt 

14 Restructuring’’. 

15 MULTI-YEAR COMMITMENTS

16 SEC. 7033. None of the funds appropriated by this 

17 Act may be used to make a future year funding pledge 

18 for any multilateral or bilateral program funded in titles 

19 III through VI of this Act unless such pledge was— 

20 (1) previously justified in a congressional budg21 et justification; 

22 (2) included in an Act making appropriations 

23 for the Department of State, foreign operations, and 

24 related programs or previously authorized by an Act 

25 of Congress; 

mstockstill on DSK4VPTVN1PROD with BILLS

1062 

•HR 3671 IH

1 (3) notified in accordance with the regular noti2 fication procedures of the Committees on Appropria3 tions; or 

4 (4) the subject of prior consultation with the 

5 Committees on Appropriations and such consultation 

6 was conducted at least 7 days in advance of the 

7 pledge. 

8 SPECIAL PROVISIONS

9 SEC. 7034. (a) VICTIMS OF WAR, DISPLACED CHIL10 DREN, AND DISPLACED BURMESE.—Funds appropriated 

11 in titles III and VI of this Act that are made available 

12 for victims of war, displaced children, and displaced Bur13 mese, and to assist victims of trafficking in persons and, 

14 subject to the regular notification procedures of the Com15 mittees on Appropriations, to combat such trafficking, 

16 may be made available notwithstanding any other provi17 sion of law. 

18 (b) RECONSTITUTING CIVILIAN POLICE AUTHOR19 ITY.—In providing assistance with funds appropriated by 

20 this Act under section 660(b)(6) of the Foreign Assistance 

21 Act of 1961, support for a nation emerging from insta22 bility may be deemed to mean support for regional, dis23 trict, municipal, or other sub-national entity emerging 

24 from instability, as well as a nation emerging from insta25 bility. 

mstockstill on DSK4VPTVN1PROD with BILLS

1063 

•HR 3671 IH

1 (c) WORLD FOOD PROGRAM.—Funds managed by 

2 the Bureau for Democracy, Conflict, and Humanitarian 

3 Assistance, United States Agency for International Devel4 opment (USAID), from this or any other Act, shall be 

5 made available as a general contribution to the World 

6 Food Program, notwithstanding any other provision of 

7 law. 

8 (d) DISARMAMENT, DEMOBILIZATION AND RE9 INTEGRATION.—Notwithstanding any other provision of 

10 law, regulation or Executive order, funds appropriated by 

11 this Act and prior Acts making appropriations for the De12 partment of State, foreign operations, and related pro13 grams under the headings ‘‘Economic Support Fund’’, 

14 ‘‘Peacekeeping Operations’’, ‘‘International Disaster As15 sistance’’, and ‘‘Transition Initiatives’’ should be made 

16 available to support programs to disarm, demobilize, and 

17 reintegrate into civilian society former members of foreign 

18 terrorist organizations: Provided, That the Secretary of 

19 State shall consult with the Committees on Appropriations 

20 prior to the obligation of funds pursuant to this sub21 section: Provided further, That for the purposes of this 

22 subsection the term ‘‘foreign terrorist organization’’ 

23 means an organization designated as a terrorist organiza24 tion under section 219 of the Immigration and Nationality 

25 Act. 

mstockstill on DSK4VPTVN1PROD with BILLS

1064 

•HR 3671 IH

1 (e) RESEARCH AND TRAINING.—Funds appropriated 

2 by this Act under the heading ‘‘Economic Support Fund’’ 

3 may be made available to carry out the Program for Re4 search and Training on Eastern Europe and the Inde5 pendent States of the Former Soviet Union (title VIII) 

6 as authorized by the Soviet-Eastern European Research 

7 and Training Act of 1983 (22 U.S.C. 4501–4508). 

8 (f) CONTINGENCIES.—During fiscal year 2012, the 

9 President may use up to $50,000,000 under the authority 

10 of section 451 of the Foreign Assistance Act of 1961, not11 withstanding any other provision of law. 

12 (g) CONSOLIDATION OF REPORTS.—The Secretary of 

13 State, in coordination with the USAID Administrator, 

14 shall submit to the Committees on Appropriations, and 

15 other relevant congressional committees, not later than 90 

16 days after enactment of this Act recommendations for the 

17 consolidation or combination of reports (including plans 

18 and strategies) that are called for by any provision of law 

19 to be submitted to the Congress and that are substantially 

20 duplicative of others called for by any other provision of 

21 law: Provided, That reports are considered ‘‘substantially 

22 duplicative’’ if they are required to address at least more 

23 than half of the same substantive factors, criteria and 

24 issues that are required to be addressed by any other re25 port, and any such consolidated report must address all 

mstockstill on DSK4VPTVN1PROD with BILLS

1065 

•HR 3671 IH

1 the substantive factors, criteria and issues required to be 

2 addressed in each of the individual reports: Provided fur3 ther, That reports affected by this subsection are those 

4 within the purview of, or prepared primarily by, the De5 partment of State and USAID and that relate to matters 

6 addressed under this Act or any other Act authorizing or 

7 appropriating funds for use by, or actions of, the Depart8 ment of State or USAID. 

9 (h) PROMOTION OF DEMOCRACY.— 

10 (1) Funds made available by this Act that are 

11 made available for the promotion of democracy may 

12 be made available notwithstanding any other provi13 sion of law, and with regard to the National Endow14 ment for Democracy, any regulation. 

15 (2) For the purposes of funds appropriated by 

16 this Act, the term ‘‘promotion of democracy’’ means 

17 programs that support good governance, human 

18 rights, independent media, and the rule of law, and 

19 otherwise strengthen the capacity of democratic po20 litical parties, governments, nongovernmental organi21 zations and institutions, and citizens to support the 

22 development of democratic states, institutions, and 

23 practices that are responsive and accountable to citi24 zens. 

mstockstill on DSK4VPTVN1PROD with BILLS

1066 

•HR 3671 IH

1 (3) With respect to the provision of assistance 

2 for democracy, human rights and governance activi3 ties in this Act, the organizations implementing such 

4 assistance and the specific nature of that assistance 

5 shall not be subject to the prior approval by the gov6 ernment of any foreign country. 

7 (4) Funds appropriated under the heading 

8 ‘‘Economic Support Fund’’ shall be made available 

9 to the Bureau of Democracy, Human Rights and 

10 Labor for programs to promote human rights by ex11 panding open and uncensored access to information 

12 and communication as identified in the Department 

13 of State’s Internet freedom strategy: Provided, That 

14 funds made available by this paragraph should be 

15 matched by sources other than the United States 

16 Government, as appropriate: Provided further, That 

17 the Secretary of State shall coordinate the develop18 ment and uses of circumvention and secure commu19 nications technologies with the Administrator of the 

20 United States Agency for International Development 

21 and the Broadcasting Board of Governors, as appro22 priate: Provided further, That the circumvention 

23 technologies and programs supported by funds made 

24 available by this Act, shall undergo a review, to inmstockstill on DSK4VPTVN1PROD with BILLS

1067 

•HR 3671 IH

1 clude an assessment of the protection against such 

2 technologies being used for illicit purposes. 

3 (5) Funds appropriated by this Act that are 

4 made available to promote democracy and human 

5 rights shall also be made available to support free6 dom of religion, especially in the Middle East and 

7 North Africa. 

8 (i) PARTNER VETTING.—Funds appropriated in this 

9 Act or any prior Acts making appropriations for the De10 partment of State, foreign operations, and related pro11 grams shall be used by the Secretary of State and the Ad12 ministrator of the United States Agency for International 

13 Development (USAID), as appropriate, to support the de14 velopment and implementation of a Partner Vetting Sys15 tem (PVS) pilot program: Provided, That such pilot pro16 gram shall be implemented not later than September 30, 

17 2012: Provided further, That the Secretary of State and 

18 the USAID Administrator shall jointly submit a report to 

19 the Committees on Appropriations not later than 30 days 

20 after completion of the pilot program on the estimated 

21 timeline and criteria for evaluating the PVS for expansion. 

22 (j) PROTECTIONS AND REMEDIES FOR EMPLOYEES

23 OF DIPLOMATIC MISSIONS AND INTERNATIONAL ORGANI24 ZATIONS.—The Secretary of State shall implement section 

25 203(a)(2) of the William Wilberforce Trafficking Victims 

mstockstill on DSK4VPTVN1PROD with BILLS

1068 

•HR 3671 IH

1 Protection Reauthorization Act of 2008 (Public Law 110– 

2 457): Provided, That in determining whether to suspend 

3 the issuance of A–3 or G–5 visas to applicants seeking 

4 to work for officials of a diplomatic mission or inter5 national organization, the Secretary shall consider wheth6 er a final court judgment has been issued against a cur7 rent or former employee of such mission or organization 

8 (and the time period for a final appeal has expired) or 

9 whether the Department of State has requested that im10 munity of individual diplomats or family members be 

11 waived to permit criminal prosecution: Provided further, 

12 That the Secretary should continue to assist in obtaining 

13 payment of final court judgments awarded to A–3 and G– 

14 5 visa holders, including encouraging the sending states 

15 to provide compensation directly to victims: Provided fur16 ther, That the Secretary shall include, in a manner the 

17 Secretary deems appropriate, all trafficking cases involv18 ing A–3 or G–5 visa holders in the Trafficking in Persons 

19 annual report for which a final civil judgment has been 

20 issued (and the time period for final appeal has expired) 

21 or the Department of Justice has determined that the 

22 United States Government would seek to indict the dip23 lomat or a family member but for diplomatic immunity. 

mstockstill on DSK4VPTVN1PROD with BILLS

1069 

•HR 3671 IH

1 (k) MODIFICATION OF AMENDMENT.—Section 620J 

2 of the Foreign Assistance Act of 1961 (Limitation on As3 sistance to Security Forces) is amended as follows: 

4 (1) by redesignating the section as section 

5 620M; 

6 (2) in subsection (a), by striking ‘‘evidence’’ 

7 and inserting ‘‘information’’ and by striking ‘‘gross 

8 violations’’ and inserting ‘‘a gross violation’’; 

9 (3) in subsection (b), by striking ‘‘measures’’ 

10 and inserting ‘‘steps’’; and 

11 (4) by adding the following subsection: 

12 ‘‘(d) CREDIBLE INFORMATION.—The Secretary shall 

13 establish, and periodically update, procedures to— 

14 ‘‘(1) ensure that for each country the Depart15 ment of State has a current list of all security force 

16 units receiving United States training, equipment, or 

17 other types of assistance; 

18 ‘‘(2) facilitate receipt by the Department of 

19 State and United States embassies of information 

20 from individuals and organizations outside the 

21 United States Government about gross violations of 

22 human rights by security force units; 

23 ‘‘(3) routinely request and obtain such informa24 tion from the Department of Defense, the Central 

mstockstill on DSK4VPTVN1PROD with BILLS

1070 

•HR 3671 IH

1 Intelligence Agency, and other United States Gov2 ernment sources; 

3 ‘‘(4) ensure that such information is evaluated 

4 and preserved; 

5 ‘‘(5) ensure that when vetting an individual for 

6 eligibility to receive United States training the indi7 vidual’s unit is also vetted; 

8 ‘‘(6) seek to identify the unit involved when 

9 credible information of a gross violation exists but 

10 the identity of the unit is lacking; and 

11 ‘‘(7) make publicly available, to the maximum 

12 extent practicable, the identity of those units for 

13 which no assistance shall be furnished pursuant to 

14 subsection (a).’’ 

15 (l) SECTIONS REPEALED.—Sections 494, 495, and 

16 495B through 495K of the Foreign Assistance Act of 

17 1961 are hereby repealed. 

18 (m) EXTENSION OF AUTHORITIES.— 

19 (1) Section 1(b)(2) of the Passport Act of June 

20 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by 

21 substituting ‘‘September 30, 2012’’ for ‘‘September 

22 30, 2010’’. 

23 (2) The authority provided by section 301(a)(3) 

24 of the Omnibus Diplomatic Security and 

mstockstill on DSK4VPTVN1PROD with BILLS

1071 

•HR 3671 IH

1 Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) 

2 shall remain in effect through September 30, 2012. 

3 (3) The authority contained in section 1115(d) 

4 of Public Law 111–32 shall remain in effect through 

5 September 30, 2012. 

6 (4) Section 824(g) of the Foreign Service Act 

7 of 1980 (22 U.S.C. 4064(g)) shall be applied by 

8 substituting ‘‘September 30, 2012’’ for ‘‘October 1, 

9 2010’’ in paragraph (2). 

10 (5) Section 61(a) of the State Department 

11 Basic Authorities Act of 1956 (22 U.S.C. 2733(a)) 

12 shall be applied by substituting ‘‘September 30, 

13 2012’’ for ‘‘October 1, 2010’’ in paragraph (2). 

14 (6) Section 625(j)(1) of the Foreign Assistance 

15 Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied 

16 by substituting ‘‘September 30, 2012’’ for ‘‘October 

17 1, 2010’’ in subparagraph (B). 

18 (7) The authority contained in section 

19 1603(a)(2) of Public Law 109–234, as amended, 

20 shall remain in effect through September 30, 2012. 

21 (8) The authority provided by section 1113 of 

22 Public Law 111–32 shall remain in effect through 

23 September 30, 2012: Provided, That none of the 

24 funds appropriated or otherwise made available by 

25 this Act or any other Act making appropriations for 

mstockstill on DSK4VPTVN1PROD with BILLS

1072 

•HR 3671 IH

1 the Department of State, foreign operations, and re2 lated programs may be used to implement phase 3 

3 of such authority. 

4 (n) REPORTS REPEALED.—Section 133(d) of Public 

5 Law 87–195; section 807 of Public Law 98–164; section 

6 704(c) of Public Law 101–179; section 104 of Public Law 

7 102–511; section 560(g) of Public Law 103–87; section 

8 514(a) of Public Law 103–236; section 605(c) of Appen9 dix G, Public Law 106–113; sections 3203 and 3204(f) 

10 of division B of Public Law 106–246; section 564(g)(4) 

11 of Public Law 106–429; sections 694(a), 694(b), 704 and 

12 1321 of Public Law 107–228; and section 409(c) of Public 

13 Law 108–447 are hereby repealed. 

14 (o) GOVERNMENT EXPENDITURES.—Funds appro15 priated under title III and under the heading ‘‘Inter16 national Narcotics Control and Law Enforcement’’ in this 

17 Act should not be made available for assistance for any 

18 government for programs or activities in fiscal year 2013 

19 if the Secretary of State or the Administrator of the 

20 United States Agency for International Development has 

21 credible information that such government is reducing its 

22 own expenditures for such programs or activities as a re23 sult of the assistance provided and for reasons that are 

24 inconsistent with the purposes of such assistance. 

mstockstill on DSK4VPTVN1PROD with BILLS

1073 

•HR 3671 IH

1 (p) INTERNATIONAL CHILD ABDUCTIONS.—The Sec2 retary of State may withhold funds appropriated under 

3 title III of this Act for assistance for the central govern4 ment of any country that the Secretary determines is not 

5 taking appropriate steps to comply with the Convention 

6 on the Civil Aspects of International Child Abductions, 

7 done at the Hague on October 25, 1980: Provided, That 

8 the Secretary shall report to the Committees on Appro9 priations within 15 days of making any such determina10 tion. 

11 (q) REDESIGNATIONS.— 

12 (1) The position of Advisor established pursu13 ant to section 699B of division J of Public Law 

14 110–161 shall, within 45 days of enactment of this 

15 Act and notwithstanding the requirements of such 

16 section, be moved to the United States Agency for 

17 International Development (USAID): Provided, That 

18 the Advisor shall hereafter be appointed by the 

19 USAID Administrator and shall report directly to 

20 the Administrator: Provided further, That the re21 sponsibilities of the Advisor enumerated in section 

22 699B(b) shall remain in full force and effect. 

23 (2) The position of Coordinator established pur24 suant to section 664 of division J of Public Law 

25 110–161 shall, within 45 days of enactment of this 

mstockstill on DSK4VPTVN1PROD with BILLS

1074 

•HR 3671 IH

1 Act and notwithstanding the requirements of such 

2 section, be moved to the United States Agency for 

3 International Development (USAID): Provided, That 

4 the Coordinator shall hereafter be appointed by the 

5 USAID Administrator and shall report directly to 

6 the Administrator: Provided further, That the re7 sponsibilities of the Coordinator enumerated in the 

8 first sentence of section 664(c) shall remain in full 

9 force and effect: Provided further, That the limita10 tion in the second sentence of such section shall 

11 hereafter no longer apply to the Coordinator. 

12 (r) EXTENSION OF AUTHORITY.—The Foreign Oper13 ations, Export Financing, and Related Programs Appro14 priations Act, 1990 (Public Law 101–167) is amended— 

15 (1) in section 599D (8 U.S.C. 1157 note)— 

16 (A) in subsection (b)(3), by striking ‘‘and 

17 2011’’ and inserting ‘‘2011, and 2012’’; and 

18 (B) in subsection (e), by striking ‘‘June 1, 

19 2011’’ each place it apperas and inserting ‘‘Oc20 tober 1, 2012’’; and 

21 (2) in section 599E (8 U.S.C. 1255 note) in 

22 subsection (b)(2), by striking ‘‘2011’’ and inserting 

23 ‘‘2012’’. 

24 ARAB LEAGUE BOYCOTT OF ISRAEL

25 SEC. 7035. It is the sense of the Congress that— 

mstockstill on DSK4VPTVN1PROD with BILLS

1075 

•HR 3671 IH

1 (1) the Arab League boycott of Israel, and the 

2 secondary boycott of American firms that have com3 mercial ties with Israel, is an impediment to peace 

4 in the region and to United States investment and 

5 trade in the Middle East and North Africa; 

6 (2) the Arab League boycott, which was regret7 tably reinstated in 1997, should be immediately and 

8 publicly terminated, and the Central Office for the 

9 Boycott of Israel immediately disbanded; 

10 (3) all Arab League states should normalize re11 lations with their neighbor Israel; 

12 (4) the President and the Secretary of State 

13 should continue to vigorously oppose the Arab 

14 League boycott of Israel and find concrete steps to 

15 demonstrate that opposition by, for example, taking 

16 into consideration the participation of any recipient 

17 country in the boycott when determining to sell 

18 weapons to said country; and 

19 (5) the President should report to Congress an20 nually on specific steps being taken by the United 

21 States to encourage Arab League states to normalize 

22 their relations with Israel to bring about the termi23 nation of the Arab League boycott of Israel, includ24 ing those to encourage allies and trading partners of 

25 the United States to enact laws prohibiting busimstockstill on DSK4VPTVN1PROD with BILLS

1076 

•HR 3671 IH

1 nesses from complying with the boycott and penal2 izing businesses that do comply. 

3 PALESTINIAN STATEHOOD

4 SEC. 7036. (a) LIMITATION ON ASSISTANCE.—None 

5 of the funds appropriated under titles III through VI of 

6 this Act may be provided to support a Palestinian state 

7 unless the Secretary of State determines and certifies to 

8 the appropriate congressional committees that— 

9 (1) the governing entity of a new Palestinian 

10 state— 

11 (A) has demonstrated a firm commitment 

12 to peaceful co-existence with the State of Israel; 

13 (B) is taking appropriate measures to 

14 counter terrorism and terrorist financing in the 

15 West Bank and Gaza, including the dismantling 

16 of terrorist infrastructures, and is cooperating 

17 with appropriate Israeli and other appropriate 

18 security organizations; and 

19 (2) the Palestinian Authority (or the governing 

20 entity of a new Palestinian state) is working with 

21 other countries in the region to vigorously pursue ef22 forts to establish a just, lasting, and comprehensive 

23 peace in the Middle East that will enable Israel and 

24 an independent Palestinian state to exist within the 

mstockstill on DSK4VPTVN1PROD with BILLS

1077 

•HR 3671 IH

1 context of full and normal relationships, which 

2 should include— 

3 (A) termination of all claims or states of 

4 belligerency; 

5 (B) respect for and acknowledgment of the 

6 sovereignty, territorial integrity, and political 

7 independence of every state in the area through 

8 measures including the establishment of demili9 tarized zones; 

10 (C) their right to live in peace within se11 cure and recognized boundaries free from 

12 threats or acts of force; 

13 (D) freedom of navigation through inter14 national waterways in the area; and 

15 (E) a framework for achieving a just set16 tlement of the refugee problem. 

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that the governing entity should enact a constitution 

19 assuring the rule of law, an independent judiciary, and 

20 respect for human rights for its citizens, and should enact 

21 other laws and regulations assuring transparent and ac22 countable governance. 

23 (c) WAIVER.—The President may waive subsection 

24 (a) if the President determines that it is important to the 

25 national security interests of the United States to do so. 

mstockstill on DSK4VPTVN1PROD with BILLS

1078 

•HR 3671 IH

1 (d) EXEMPTION.—The restriction in subsection (a) 

2 shall not apply to assistance intended to help reform the 

3 Palestinian Authority and affiliated institutions, or the 

4 governing entity, in order to help meet the requirements 

5 of subsection (a), consistent with the provisions of section 

6 7040 of this Act (‘‘Limitation on Assistance for the Pales7 tinian Authority’’). 

8 RESTRICTIONS CONCERNING THE PALESTINIAN

9 AUTHORITY

10 SEC. 7037. None of the funds appropriated under ti11 tles II through VI of this Act may be obligated or ex12 pended to create in any part of Jerusalem a new office 

13 of any department or agency of the United States Govern14 ment for the purpose of conducting official United States 

15 Government business with the Palestinian Authority over 

16 Gaza and Jericho or any successor Palestinian governing 

17 entity provided for in the Israel-PLO Declaration of Prin18 ciples: Provided, That this restriction shall not apply to 

19 the acquisition of additional space for the existing Con20 sulate General in Jerusalem: Provided further, That meet21 ings between officers and employees of the United States 

22 and officials of the Palestinian Authority, or any successor 

23 Palestinian governing entity provided for in the Israel24 PLO Declaration of Principles, for the purpose of con25 ducting official United States Government business with 

mstockstill on DSK4VPTVN1PROD with BILLS

1079 

•HR 3671 IH

1 such authority should continue to take place in locations 

2 other than Jerusalem: Provided further, That as has been 

3 true in the past, officers and employees of the United 

4 States Government may continue to meet in Jerusalem on 

5 other subjects with Palestinians (including those who now 

6 occupy positions in the Palestinian Authority), have social 

7 contacts, and have incidental discussions. 

8 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

9 BROADCASTING CORPORATION

10 SEC. 7038. None of the funds appropriated or other11 wise made available by this Act may be used to provide 

12 equipment, technical support, consulting services, or any 

13 other form of assistance to the Palestinian Broadcasting 

14 Corporation. 

15 ASSISTANCE FOR THE WEST BANK AND GAZA

16 SEC. 7039. (a) OVERSIGHT.—For fiscal year 2012, 

17 30 days prior to the initial obligation of funds for the bi18 lateral West Bank and Gaza Program, the Secretary of 

19 State shall certify to the Committees on Appropriations 

20 that procedures have been established to assure the Comp21 troller General of the United States will have access to 

22 appropriate United States financial information in order 

23 to review the uses of United States assistance for the Pro24 gram funded under the heading ‘‘Economic Support 

25 Fund’’ for the West Bank and Gaza. 

mstockstill on DSK4VPTVN1PROD with BILLS

1080 

•HR 3671 IH

1 (b) VETTING.—Prior to the obligation of funds ap2 propriated by this Act under the heading ‘‘Economic Sup3 port Fund’’ for assistance for the West Bank and Gaza, 

4 the Secretary of State shall take all appropriate steps to 

5 ensure that such assistance is not provided to or through 

6 any individual, private or government entity, or edu7 cational institution that the Secretary knows or has reason 

8 to believe advocates, plans, sponsors, engages in, or has 

9 engaged in, terrorist activity nor, with respect to private 

10 entities or educational institutions, those that have as a 

11 principal officer of the entity’s governing board or gov12 erning board of trustees any individual that has been de13 termined to be involved in, or advocating terrorist activity 

14 or determined to be a member of a designated foreign ter15 rorist organization: Provided, That the Secretary of State 

16 shall, as appropriate, establish procedures specifying the 

17 steps to be taken in carrying out this subsection and shall 

18 terminate assistance to any individual, entity, or edu19 cational institution which the Secretary has determined to 

20 be involved in or advocating terrorist activity. 

21 (c) PROHIBITION.— 

22 (1) None of the funds appropriated under titles 

23 III through VI of this Act for assistance under the 

24 West Bank and Gaza Program may be made avail25 able for the purpose of recognizing or otherwise honmstockstill on DSK4VPTVN1PROD with BILLS

1081 

•HR 3671 IH

1 oring individuals who commit, or have committed 

2 acts of terrorism. 

3 (2) Notwithstanding any other provision of law, 

4 none of the funds made available by this or prior ap5 propriations Acts, including funds made available by 

6 transfer, may be made available for obligation for se7 curity assistance for the West Bank and Gaza until 

8 the Secretary of State reports to the Committees on 

9 Appropriations on the benchmarks that have been 

10 established for security assistance for the West 

11 Bank and Gaza and reports on the extent of Pales12 tinian compliance with such benchmarks. 

13 (d) AUDITS.— 

14 (1) The Administrator of the United States 

15 Agency for International Development shall ensure 

16 that Federal or non-Federal audits of all contractors 

17 and grantees, and significant subcontractors and 

18 sub-grantees, under the West Bank and Gaza Pro19 gram, are conducted at least on an annual basis to 

20 ensure, among other things, compliance with this 

21 section. 

22 (2) Of the funds appropriated by this Act up to 

23 $500,000 may be used by the Office of Inspector 

24 General of the United States Agency for Inter25 national Development for audits, inspections, and 

mstockstill on DSK4VPTVN1PROD with BILLS

1082 

•HR 3671 IH

1 other activities in furtherance of the requirements of 

2 this subsection: Provided, That such funds are in ad3 dition to funds otherwise available for such pur4 poses. 

5 (e) Subsequent to the certification specified in sub6 section (a), the Comptroller General of the United States 

7 shall conduct an audit and an investigation of the treat8 ment, handling, and uses of all funds for the bilateral 

9 West Bank and Gaza Program, including all funds pro10 vided as cash transfer assistance, in fiscal year 2012 

11 under the heading ‘‘Economic Support Fund’’, and such 

12 audit shall address— 

13 (1) the extent to which such Program complies 

14 with the requirements of subsections (b) and (c); 

15 and 

16 (2) an examination of all programs, projects, 

17 and activities carried out under such Program, in18 cluding both obligations and expenditures. 

19 (f) Funds made available in this Act for West Bank 

20 and Gaza shall be subject to the regular notification proce21 dures of the Committees on Appropriations. 

22 (g) Not later than 180 days after enactment of this 

23 Act, the Secretary of State shall submit a report to the 

24 Committees on Appropriations updating the report conmstockstill on DSK4VPTVN1PROD with BILLS

1083 

•HR 3671 IH

1 tained in section 2106 of chapter 2 of title II of Public 

2 Law 109–13. 

3 LIMITATION ON ASSISTANCE FOR THE PALESTINIAN

4 AUTHORITY

5 SEC. 7040. (a) PROHIBITION OF FUNDS.—None of 

6 the funds appropriated by this Act to carry out the provi7 sions of chapter 4 of part II of the Foreign Assistance 

8 Act of 1961 may be obligated or expended with respect 

9 to providing funds to the Palestinian Authority. 

10 (b) WAIVER.—The prohibition included in subsection 

11 (a) shall not apply if the President certifies in writing to 

12 the Speaker of the House of Representatives, the Presi13 dent pro tempore of the Senate, and the Committees on 

14 Appropriations that waiving such prohibition is important 

15 to the national security interests of the United States. 

16 (c) PERIOD OF APPLICATION OF WAIVER.—Any 

17 waiver pursuant to subsection (b) shall be effective for no 

18 more than a period of 6 months at a time and shall not 

19 apply beyond 12 months after the enactment of this Act. 

20 (d) REPORT.—Whenever the waiver authority pursu21 ant to subsection (b) is exercised, the President shall sub22 mit a report to the Committees on Appropriations detail23 ing the justification for the waiver, the purposes for which 

24 the funds will be spent, and the accounting procedures in 

25 place to ensure that the funds are properly disbursed: Promstockstill on DSK4VPTVN1PROD with BILLS

1084 

•HR 3671 IH

1 vided, That the report shall also detail the steps the Pales2 tinian Authority has taken to arrest terrorists, confiscate 

3 weapons and dismantle the terrorist infrastructure. 

4 (e) CERTIFICATION.—If the President exercises the 

5 waiver authority under subsection (b), the Secretary of 

6 State must certify and report to the Committees on Ap7 propriations prior to the obligation of funds that the Pal8 estinian Authority has established a single treasury ac9 count for all Palestinian Authority financing and all fi10 nancing mechanisms flow through this account, no parallel 

11 financing mechanisms exist outside of the Palestinian Au12 thority treasury account, and there is a single comprehen13 sive civil service roster and payroll. 

14 (f) PROHIBITION TO HAMAS AND THE PALESTINE

15 LIBERATION ORGANIZATION.— 

16 (1) None of the funds appropriated in titles III 

17 through VI of this Act may be obligated for salaries 

18 of personnel of the Palestinian Authority located in 

19 Gaza or may be obligated or expended for assistance 

20 to Hamas or any entity effectively controlled by 

21 Hamas, any power-sharing government of which 

22 Hamas is a member, or that results from an agree23 ment with Hamas and over which Hamas exercises 

24 undue influence. 

mstockstill on DSK4VPTVN1PROD with BILLS

1085 

•HR 3671 IH

1 (2) Notwithstanding the limitation of subsection 

2 (1), assistance may be provided to a power-sharing 

3 government only if the President certifies and re4 ports to the Committees on Appropriations that such 

5 government, including all of its ministers or such 

6 equivalent, has publicly accepted and is complying 

7 with the principles contained in section 

8 620K(b)(1)(A) and (B) of the Foreign Assistance 

9 Act of 1961, as amended. 

10 (3) The President may exercise the authority in 

11 section 620K(e) of the Foreign Assistance Act as 

12 added by the Palestinian Anti-Terrorism Act of 

13 2006 (Public Law 109–446) with respect to this 

14 subsection. 

15 (4) Whenever the certification pursuant to 

16 paragraph (2) is exercised, the Secretary of State 

17 shall submit a report to the Committees on Appro18 priations within 120 days of the certification and 

19 every quarter thereafter on whether such govern20 ment, including all of its ministers or such equiva21 lent are continuing to comply with the principles 

22 contained in section 620K(b)(1)(A) and (B) of the 

23 Foreign Assistance Act of 1961, as amended: Pro24 vided, That the report shall also detail the amount, 

25 purposes and delivery mechanisms for any assistance 

mstockstill on DSK4VPTVN1PROD with BILLS

1086 

•HR 3671 IH

1 provided pursuant to the abovementioned certifi2 cation and a full accounting of any direct support of 

3 such government. 

4 (5) None of the funds appropriated under titles 

5 III through VI of this Act may be obligated for as6 sistance for the Palestine Liberation Organization. 

7 NEAR EAST

8 SEC. 7041. (a) EGYPT.— 

9 (1)(A) None of the funds appropriated under ti10 tles III and IV of this Act and in prior Acts making 

11 appropriations for the Department of State, foreign 

12 operations, and related programs may be made 

13 available for assistance for the central Government 

14 of Egypt unless the Secretary of State certifies to 

15 the Committees on Appropriations that such govern16 ment is meeting its obligations under the 1979 

17 Egypt-Israel Peace Treaty. 

18 (B) Prior to the obligation of funds appro19 priated by this Act under the heading ‘‘Foreign Mili20 tary Financing Program’’, the Secretary of State 

21 shall certify to the Committees on Appropriations 

22 that the Government of Egypt is supporting the 

23 transition to civilian government including holding 

24 free and fair elections; implementing policies to promstockstill on DSK4VPTVN1PROD with BILLS

1087 

•HR 3671 IH

1 tect freedom of expression, association, and religion, 

2 and due process of law. 

3 (C) The Secretary of State may waive the re4 quirements of paragraphs (A) and (B) if the Sec5 retary determines and reports to the Committees on 

6 Appropriations that to do so is in the national secu7 rity interest of the United States: Provided, That 

8 such determination and report shall include a de9 tailed justification for such waiver. 

10 (2) The Secretary of State shall consult with 

11 the Committees on Appropriations prior to the 

12 transfer of funds appropriated by this Act under the 

13 heading ‘‘Foreign Military Financing Program’’ to 

14 an interest-bearing account for Egypt. 

15 (3) Funds appropriated under the heading 

16 ‘‘Economic Support Fund’’ in this Act and prior 

17 Acts (including previously obligated funds), may be 

18 made available, notwithstanding any other provision 

19 of law, for an Egypt initiative, particularly for the 

20 specific costs referred to in the authorities ref21 erenced herein, for the purpose of improving the 

22 lives of the Egyptian people through education, in23 vestment in jobs and skills (including secondary and 

24 vocational education), and access to finance for 

25 small and medium enterprises with emphasis on exmstockstill on DSK4VPTVN1PROD with BILLS

1088 

•HR 3671 IH

1 panding opportunities for women, as well as other 

2 appropriate market-reform and economic growth ac3 tivities: Provided, That the provisions of title VI of 

4 Public Law 103–306 pertaining to funds for Jordan 

5 shall be deemed to apply to any such initiative and 

6 to funds available under this section to carry out 

7 such an initiative in the same manner as such cited 

8 provisions apply to Jordan, subject to the following 

9 provisos: Provided further, That subparagraph (b)(2) 

10 shall be deemed not to apply and the amount made 

11 available pursuant to this section as set forth in the 

12 explanatory statement described in section 4 (in the 

13 matter preceding division A of this consolidated Act) 

14 and incorporated herein shall be deemed to apply in 

15 lieu of the figure in subparagraph (b)(1): Provided 

16 further, That the authority to reduce debt shall in17 clude authority to exchange an outstanding obliga18 tion for a new obligation and to permit both prin19 cipal and interest payments on new obligations to be 

20 deposited into a fund established for such purpose, 

21 to be used in accordance with purposes set forth in 

22 an agreement between the United States and Egypt: 

23 Provided further, That the authority of this para24 graph shall only be made available after the Sec25 retary of State certifies to the Committees on Apmstockstill on DSK4VPTVN1PROD with BILLS

1089 

•HR 3671 IH

1 propriations that the Government of Egypt is imple2 menting economic development policies consistent 

3 with the objectives of such initiative: Provided fur4 ther, That funds made available for such initiative 

5 shall be subject to the regular notification proce6 dures of the Committees on Appropriations. 

7 (b) ENTERPRISE FUNDS.—Up to $60,000,000 of 

8 funds appropriated under the heading ‘‘Economic Support 

9 Fund’’ in this Act and prior acts making appropriations 

10 for the Department of State, foreign operations, and re11 lated programs (and including previously obligated funds), 

12 that are available for assistance for Egypt, up to 

13 $20,000,000 of such funds that are available for assist14 ance for Tunisia, and up to $60,000,000 of such funds 

15 that are available for assistance for Jordan, respectively, 

16 may be made available notwithstanding any other provi17 sion of law, to establish and operate one or more enter18 prise funds for Egypt, Tunisia, and Jordan, respectively: 

19 Provided, That provisions contained in section 201 of the 

20 Support for East European Democracy (SEED) Act of 

21 1989 (excluding the provisions of subsections (b), (c), 

22 (d)(3), and (f) of that section), shall be deemed to apply 

23 to any such fund or funds, and to funds made available 

24 to such fund or funds, in order to enable such fund or 

25 funds to provide assistance for purposes of this section: 

mstockstill on DSK4VPTVN1PROD with BILLS

1090 

•HR 3671 IH

1 Provided further, That section 7077 of division F of Public 

2 Law 111–117 shall apply to any such fund or funds estab3 lished pursuant to this subsection: Provided further, That 

4 not more than 5 percent of the funds made available pur5 suant to this subsection should be available for adminis6 trative expenses of such fund or funds and not later than 

7 1 year after the date of enactment of this Act, and annu8 ally thereafter until each fund is dissolved, each fund shall 

9 submit to the Committees on Appropriations a report de10 tailing the administrative expenses of such fund: Provided 

11 further, That each fund shall be governed by a Board of 

12 Directors comprised of six private United States citizens 

13 and three private citizens of each country, respectively, 

14 who have had international business careers and dem15 onstrated expertise in international and emerging markets 

16 investment activities: Provided further, That not later than 

17 1 year after the entry into force of the initial grant agree18 ment under this section and annually thereafter, each fund 

19 shall prepare and make available to the public on an Inter20 net Web site administered by the fund a detailed report 

21 on the fund’s activities during the previous year: Provided 

22 further, That the authority of any such fund or funds to 

23 provide assistance shall cease to be effective on December 

24 31, 2022: Provided further, That funds made available 

mstockstill on DSK4VPTVN1PROD with BILLS

1091 

•HR 3671 IH

1 pursuant to this section shall be subject to prior consulta2 tion with the Committees on Appropriations. 

3 (c) IRAN.— 

4 (1) It is the policy of the United States to seek 

5 to prevent Iran from achieving the capability to 

6 produce or otherwise manufacture nuclear weapons, 

7 including by supporting international diplomatic ef8 forts to halt Iran’s uranium enrichment program, 

9 and the President should fully implement and en10 force the Iran Sanctions Act of 1996, as amended 

11 (Public Law 104–172) as a means of encouraging 

12 foreign governments to require state-owned and pri13 vate entities to cease all investment in, and support 

14 of, Iran’s energy sector and all exports of refined pe15 troleum products to Iran. 

16 (2) None of the funds appropriated or otherwise 

17 made available in this Act under the heading ‘‘Ex18 port-Import Bank of the United States’’ may be 

19 used by the Export-Import Bank of the United 

20 States to provide any new financing (including loans, 

21 guarantees, other credits, insurance, and reinsur22 ance) to any person that is subject to sanctions 

23 under paragraph (2) or (3) of section 5(a) of the 

24 Iran Sanctions Act of 1996 (Public Law 104–172). 

mstockstill on DSK4VPTVN1PROD with BILLS

1092 

•HR 3671 IH

1 (3) The reporting requirements in section 

2 7043(c) in division F of Public Law 111–117 shall 

3 continue in effect during fiscal year 2012 as if part 

4 of this Act: Provided, That the date in subsection 

5 (c)(1) shall be deemed to be ‘‘September 30, 2012’’. 

6 (d) IRAQ.— 

7 (1) Funds appropriated or otherwise made 

8 available by this Act for assistance for Iraq shall be 

9 made available in a manner that utilizes Iraqi enti10 ties to the maximum extent practicable, and in ac11 cordance with the cost-matching and other require12 ments in the Department of State’s April 9, 2009 

13 ‘‘Guidelines for Government of Iraq Financial Par14 ticipation in United States Government-Funded Ci15 vilian Foreign Assistance Programs and Projects’’. 

16 (2) None of the funds appropriated or otherwise 

17 made available by this Act may be used by the Gov18 ernment of the United States to enter into a perma19 nent basing rights agreement between the United 

20 States and Iraq. 

21 (3) Funds appropriated by this Act under titles 

22 III and VI for assistance for Iraq may be made 

23 available notwithstanding any other provision of law, 

24 except for this subsection and section 620M of the 

mstockstill on DSK4VPTVN1PROD with BILLS

1093 

•HR 3671 IH

1 Foreign Assistance Act of 1961, as amended by this 

2 Act. 

3 (4) Funds appropriated by this Act for assist4 ance for Iraq under the heading ‘‘Economic Support 

5 Fund’’ shall be made available for programs and ac6 tivities for which policy justifications and decisions 

7 shall be the responsibility of the United States Chief 

8 of Mission in Iraq. 

9 (5)(A) Of the funds appropriated under the 

10 heading ‘‘Diplomatic and Consular Programs’’ in 

11 title VIII of this Act that are made available for se12 curity and provincial operations for the Department 

13 of State in Iraq, 15 percent shall be withheld from 

14 obligation until the Secretary of State submits a re15 port to the Committees on Appropriations detail16 ing— 

17 (i) an assessment of the security environ18 ment in Iraq with respect to facilities and per19 sonnel, and the anticipated impact of the with20 drawal of United States Armed Forces in Iraq 

21 on such environment, on a facility-by-facility 

22 basis; 

23 (ii) an assessment of the security require24 ments at each facility, and the estimated cost of 

mstockstill on DSK4VPTVN1PROD with BILLS

1094 

•HR 3671 IH

1 sustaining such requirements over the next 3 

2 fiscal years; 

3 (iii) the types of military equipment to be 

4 used to meet the security requirements at each 

5 facility; 

6 (iv) the number of United States Govern7 ment personnel anticipated at each facility, a 

8 general description of the duties of such per9 sonnel, and the number and cost of contractors 

10 anticipated at each facility required for oper11 ational and other support; and 

12 (v) a description of contingency plans, in13 cluding evacuation, at each facility for United 

14 States Government personnel and contractors. 

15 (B) The report required by this paragraph may 

16 be submitted in classified form, if necessary. 

17 (e) LEBANON.— 

18 (1) None of the funds appropriated by this Act 

19 may be made available for the Lebanese Armed 

20 Forces (LAF) if the LAF is controlled by a foreign 

21 terrorist organization, as defined by section 219 of 

22 the Immigration and Nationality Act. 

23 (2) Funds appropriated by this Act under the 

24 heading ‘‘Foreign Military Financing Program’’ for 

25 assistance for Lebanon may be made available only 

mstockstill on DSK4VPTVN1PROD with BILLS

1095 

•HR 3671 IH

1 to professionalize the LAF and to strengthen border 

2 security and combat terrorism, including training 

3 and equipping the LAF to secure Lebanon’s borders, 

4 interdicting arms shipments, preventing the use of 

5 Lebanon as a safe haven for terrorist groups, and to 

6 implement United Nations Security Council Resolu7 tion 1701: Provided, That funds may not be made 

8 available for obligation until the Secretary of State 

9 submits a detailed spend plan to the Committees on 

10 Appropriations, except such plan may not be consid11 ered as meeting the notification requirements under 

12 section 7015 of this Act or under section 634A of 

13 the Foreign Assistance Act of 1961, and shall be 

14 submitted not later than September 1, 2012: Pro15 vided further, That the Secretary of State shall regu16 larly consult with the Committees on Appropriations 

17 on the activities of the LAF and assistance provided 

18 by the United States: Provided further, That not 

19 later than 90 days after enactment of this Act, the 

20 Secretary of State shall submit a report to the Com21 mittees on Appropriations detailing the actions 

22 taken to ensure that equipment provided to the LAF 

23 is used for intended purposes. 

24 (3) Funds appropriated by this Act under titles 

25 III and VI for assistance for Lebanon may be made 

mstockstill on DSK4VPTVN1PROD with BILLS

1096 

•HR 3671 IH

1 available notwithstanding any other provision of law, 

2 except for this subsection and section 620M of the 

3 Foreign Assistance Act of 1961, as amended by this 

4 Act. 

5 (f) LIBYA.—Of the funds appropriated by this Act 

6 and prior Acts making appropriations for the Department 

7 of State, foreign operations, and related programs, up to 

8 $20,000,000 should be made available to promote democ9 racy, transparent and accountable governance, human 

10 rights, transitional justice, and the rule of law in Libya, 

11 and for exchange programs between Libyan and American 

12 students and professionals: Provided, That such funds 

13 shall be made available, to the maximum extent prac14 ticable, on a cost matching basis: Provided further, That 

15 none of the funds appropriated by this Act may be made 

16 available for assistance for Libya for infrastructure 

17 projects, except on a loan basis with terms favorable to 

18 the United States, and only following consultation with the 

19 Committees on Appropriations. 

20 (g) MOROCCO.—Prior to the obligation of funds ap21 propriated by this Act under the heading ‘‘Foreign Mili22 tary Financing Program’’ for assistance for Morocco, the 

23 Secretary of State shall submit a report to the Committees 

24 on Appropriations on steps being taken by the Govern25 ment of Morocco to— 

mstockstill on DSK4VPTVN1PROD with BILLS

1097 

•HR 3671 IH

1 (1) respect the right of individuals to peacefully 

2 express their opinions regarding the status and fu3 ture of the Western Sahara and to document viola4 tions of human rights; and 

5 (2) provide unimpeded access to human rights 

6 organizations, journalists, and representatives of for7 eign governments to the Western Sahara. 

8 (h) SYRIA.—Funds appropriated by this Act shall be 

9 made available to promote democracy and protect human 

10 rights in Syria, a portion of which should be programmed 

11 in consultation with governments in the region, as appro12 priate. 

13 (i) YEMEN.—None of the funds appropriated by this 

14 Act may be made available for the Armed Forces of 

15 Yemen if such forces are controlled by a foreign terrorist 

16 organization, as defined by section 219 of the Immigration 

17 and Nationality Act. 

18 SERBIA

19 SEC. 7042. (a) Funds appropriated by this Act may 

20 be made available for assistance for the central Govern21 ment of Serbia after May 31, 2012, if the Secretary of 

22 State has submitted the report required in subsection (c). 

23 (b) After May 31, 2012, the Secretary of the Treas24 ury should instruct the United States executive directors 

25 of the international financial institutions to support loans 

mstockstill on DSK4VPTVN1PROD with BILLS

1098 

•HR 3671 IH

1 and assistance to the Government of Serbia subject to the 

2 condition in subsection (c). 

3 (c) The report referred to in subsection (a) is a report 

4 by the Secretary of State to the Committees on Appropria5 tions that the Government of Serbia is cooperating with 

6 the International Criminal Tribunal for the former Yugo7 slavia, including apprehending and transferring indictees 

8 and providing investigators access to witnesses, docu9 ments, and other information. 

10 (d) This section shall not apply to humanitarian as11 sistance or assistance to promote democracy. 

12 AFRICA

13 SEC. 7043. (a) CONFLICT MINERALS.— 

14 (1) Funds appropriated by this Act under the 

15 heading ‘‘Foreign Military Financing Program’’ may 

16 be made available for assistance for Rwanda or 

17 Uganda unless the Secretary of State has credible 

18 information that the Government of Rwanda or the 

19 Government of Uganda is providing political, mili20 tary or financial support to armed groups in the 

21 Democratic Republic of the Congo (DRC) that are 

22 involved in the illegal exportation of minerals out of 

23 the DRC or have violated human rights. 

24 (2) The restriction in paragraph (1) shall not 

25 apply to assistance to improve border controls to 

mstockstill on DSK4VPTVN1PROD with BILLS

1099 

•HR 3671 IH

1 prevent the illegal exportation of minerals out of the 

2 DRC by such groups, to protect humanitarian relief 

3 efforts, or to support the training and deployment of 

4 members of the Rwandan or Ugandan militaries in 

5 international peacekeeping operations or to conduct 

6 operations against the Lord’s Resistance Army. 

7 (b) COUNTERTERRORISM PROGRAMS.—Of the funds 

8 appropriated by this Act, not less than $52,800,000 

9 should be made available for the Trans-Sahara Counter10 terrorism Partnership program, and not less than 

11 $21,300,000 should be made available for the Partnership 

12 for Regional East Africa Counterterrorism program. 

13 (c) CRISIS RESPONSE.—Notwithstanding any other 

14 provision of law, up to $10,000,000 of the funds appro15 priated by this Act under the heading ‘‘Global Health Pro16 grams’’ for HIV/AIDS activities may be transferred to, 

17 and merged with, funds appropriated under the headings 

18 ‘‘Economic Support Fund’’ and ‘‘Transition Initiatives’’ 

19 to respond to unanticipated crises in Africa, except that 

20 funds shall not be transferred unless the Secretary of 

21 State certifies to the Committees on Appropriations that 

22 no individual currently on anti-retroviral therapy sup23 ported by such funds shall be negatively impacted by the 

24 transfer of such funds: Provided, That the authority of 

mstockstill on DSK4VPTVN1PROD with BILLS

1100 

•HR 3671 IH

1 this subsection shall be subject to prior consultation with 

2 the Committees on Appropriations. 

3 (d) EXPANDED INTERNATIONAL MILITARY EDU4 CATION AND TRAINING.— 

5 (1) Funds appropriated under the heading 

6 ‘‘International Military Education and Training’’ 

7 (IMET) in this Act that are made available for as8 sistance for Angola, Cameroon, Central African Re9 public, Chad, Coˆte d’Ivoire, Guinea and Zimbabwe 

10 may be made available only for training related to 

11 international peacekeeping operations and expanded 

12 IMET: Provided, That the limitation included in this 

13 paragraph shall not apply to courses that support 

14 training in maritime security for Angola and Cam15 eroon. 

16 (2) None of the funds appropriated under the 

17 heading ‘‘International Military Education and 

18 Training’’ in this Act may be made available for as19 sistance for Equatorial Guinea or Somalia. 

20 (e) ETHIOPIA.— 

21 (1) Funds appropriated by this Act under the 

22 heading ‘‘Foreign Military Financing Program’’ that 

23 are available for assistance for Ethiopia shall not be 

24 made available unless the Secretary of State— 

mstockstill on DSK4VPTVN1PROD with BILLS

1101 

•HR 3671 IH

1 (A) certifies to the Committees on Appro2 priations that the Government of Ethiopia is 

3 implementing policies to respect due process 

4 and freedoms of expression and association, and 

5 is permitting access to human rights and hu6 manitarian organizations to the Somalia region 

7 of Ethiopia; and 

8 (B) submits a report to the Committees on 

9 Appropriations on the types and amounts of 

10 United States training and equipment proposed 

11 to be provided to the Ethiopian military includ12 ing steps that will be taken to ensure that such 

13 assistance is not provided to military units or 

14 personnel that have violated human rights, and 

15 steps taken by the Government of Ethiopia to 

16 investigate and prosecute members of the Ethi17 opian military who have been credibly alleged to 

18 have violated such rights. 

19 (2) The restriction in paragraph (1) shall not 

20 apply to assistance to Ethiopian military efforts in 

21 support of international peacekeeping operations, 

22 counterterrorism operations along the border with 

23 Somalia, and for assistance to the Ethiopian De24 fense Command and Staff College. 

25 (f) SUDAN LIMITATION ON ASSISTANCE.— 

mstockstill on DSK4VPTVN1PROD with BILLS

1102 

•HR 3671 IH

1 (1) Notwithstanding any other provision of law, 

2 none of the funds appropriated by this Act may be 

3 made available for assistance for the Government of 

4 Sudan. 

5 (2) None of the funds appropriated by this Act 

6 may be made available for the cost, as defined in 

7 section 502 of the Congressional Budget Act of 

8 1974, of modifying loans and loan guarantees held 

9 by the Government of Sudan, including the cost of 

10 selling, reducing, or canceling amounts owed to the 

11 United States, and modifying concessional loans, 

12 guarantees, and credit agreements. 

13 (3) The limitations of paragraphs (1) and (2) 

14 shall not apply to— 

15 (A) humanitarian assistance; 

16 (B) assistance for the Darfur region, 

17 Southern Kordofan/Nuba Mountains State, 

18 Blue Nile State, other marginalized areas and 

19 populations in Sudan, and Abyei; and 

20 (C) assistance to support implementation 

21 of the Comprehensive Peace Agreement (CPA), 

22 mutual arrangements related to post-ref23 erendum issues associated with the CPA, or to 

24 promote peace and stability between Sudan and 

mstockstill on DSK4VPTVN1PROD with BILLS

1103 

•HR 3671 IH

1 South Sudan, or any other internationally rec2 ognized viable peace agreement in Sudan. 

3 (g) SOUTH SUDAN.— 

4 (1) Funds appropriated by this Act should be 

5 made available for assistance for South Sudan in6 cluding to increase agricultural productivity, expand 

7 educational opportunities especially for girls, 

8 strengthen democratic institutions and the rule of 

9 law, and enhance the capacity of the Federal Legis10 lative Assembly to conduct oversight over govern11 ment revenues and expenditures. 

12 (2) Not less than 15 days prior to the obliga13 tion of funds appropriated by this Act that are avail14 able for assistance for the Government of South 

15 Sudan, the Secretary of State shall submit a report 

16 to the Committees on Appropriations detailing the 

17 extent to which the Government of South Sudan 

18 is— 

19 (A) supporting freedom of expression, the 

20 establishment of democratic institutions includ21 ing an independent judiciary, parliament, and 

22 security forces that are accountable to civilian 

23 authority; and 

mstockstill on DSK4VPTVN1PROD with BILLS

1104 

•HR 3671 IH

1 (B) investigating and punishing members 

2 of security forces who have violated human 

3 rights. 

4 (3) The Secretary of State shall seek to obtain 

5 regular audits of the financial accounts of the Gov6 ernment of South Sudan to ensure transparency and 

7 accountability of funds, including revenues from the 

8 extraction of oil and gas, and the timely, public dis9 closure of such audits: Provided, That the Secretary 

10 should assist the Government of South Sudan in 

11 conducting such audits, and by providing technical 

12 assistance to enhance the capacity of the National 

13 Auditor Chamber to carry out its responsibilities, 

14 and shall submit a report not later than 90 days 

15 after enactment of this Act to the Committees on 

16 Appropriations detailing the steps that will be taken 

17 by the Government of South Sudan, which are addi18 tional to those taken in the previous fiscal year, to 

19 improve resource management and ensure trans20 parency and accountability of funds. 

21 (h) UGANDA.—Funds appropriated by this Act 

22 should be made available for programs and activities in 

23 areas affected by the Lord’s Resistance Army. 

24 (i) WAR CRIMES IN AFRICA.— 

mstockstill on DSK4VPTVN1PROD with BILLS

1105 

•HR 3671 IH

1 (1) The Congress reaffirms its support for the 

2 efforts of the International Criminal Tribunal for 

3 Rwanda (ICTR) and the Special Court for Sierra 

4 Leone (SCSL) to bring to justice individuals respon5 sible for war crimes and crimes against humanity in 

6 a timely manner. 

7 (2) Funds appropriated by this Act may be 

8 made available for assistance for the central govern9 ment of a country in which individuals indicted by 

10 the ICTR and the SCSL are credibly alleged to be 

11 living, if the Secretary of State determines and re12 ports to the Committees on Appropriations that such 

13 government is cooperating with the ICTR and the 

14 SCSL, including the apprehension, surrender, and 

15 transfer of indictees in a timely manner: Provided, 

16 That this subsection shall not apply to assistance 

17 provided under section 551 of the Foreign Assist18 ance Act of 1961 or to project assistance under title 

19 VI of this Act: Provided further, That the United 

20 States shall use its voice and vote in the United Na21 tions Security Council to fully support efforts by the 

22 ICTR and the SCSL to bring to justice individuals 

23 indicted by such tribunals in a timely manner. 

24 (3) The prohibition in paragraph (2) may be 

25 waived on a country-by-country basis if the Presimstockstill on DSK4VPTVN1PROD with BILLS

1106 

•HR 3671 IH

1 dent determines that doing so is in the national se2 curity interest of the United States: Provided, That 

3 prior to exercising such waiver authority, the Presi4 dent shall submit a report to the Committees on Ap5 propriations, in classified form if necessary, on— 

6 (A) the steps being taken to obtain the co7 operation of the government in apprehending 

8 and surrendering the indictee in question to the 

9 court of jurisdiction; 

10 (B) a strategy, including a timeline, for 

11 bringing the indictee before such court; and 

12 (C) the justification for exercising the 

13 waiver authority. 

14 (j) ZIMBABWE.— 

15 (1) The Secretary of the Treasury shall instruct 

16 the United States executive director of each inter17 national financial institution to vote against any ex18 tension by the respective institution of any loans or 

19 grants to the Government of Zimbabwe, except to 

20 meet basic human needs or to promote democracy, 

21 unless the Secretary of State determines and reports 

22 in writing to the Committees on Appropriations that 

23 the rule of law has been restored in Zimbabwe, in24 cluding respect for ownership and title to property, 

25 freedom of speech and association. 

mstockstill on DSK4VPTVN1PROD with BILLS

1107 

•HR 3671 IH

1 (2) None of the funds appropriated by this Act 

2 shall be made available for assistance for the central 

3 Government of Zimbabwe, except for health, edu4 cation, and macroeconomic growth assistance, unless 

5 the Secretary of State makes the determination re6 quired in paragraph (1). 

7 ASIA

8 SEC. 7044. (a) TIBET.— 

9 (1) The Secretary of the Treasury should in10 struct the United States executive director of each 

11 international financial institution to use the voice 

12 and vote of the United States to support projects in 

13 Tibet if such projects do not provide incentives for 

14 the migration and settlement of non-Tibetans into 

15 Tibet or facilitate the transfer of ownership of Ti16 betan land and natural resources to non-Tibetans; 

17 are based on a thorough needs-assessment; foster 

18 self-sufficiency of the Tibetan people and respect Ti19 betan culture and traditions; and are subject to ef20 fective monitoring. 

21 (2) Notwithstanding any other provision of law, 

22 funds appropriated by this Act under the heading 

23 ‘‘Economic Support Fund’’ shall be made available 

24 to nongovernmental organizations to support activi25 ties which preserve cultural traditions and promote 

mstockstill on DSK4VPTVN1PROD with BILLS

1108 

•HR 3671 IH

1 sustainable development and environmental con2 servation in Tibetan communities in the Tibetan Au3 tonomous Region and in other Tibetan communities 

4 in China. 

5 (b) BURMA.— 

6 (1) The Secretary of the Treasury shall instruct 

7 the United States executive directors of the appro8 priate international financial institutions to vote 

9 against any loan, agreement, or other financial sup10 port for Burma. 

11 (2) Funds appropriated by this Act under the 

12 heading ‘‘Economic Support Fund’’ may be made 

13 available for assistance for Burma notwithstanding 

14 any other provision of law, except no such funds 

15 shall be made available to the State Peace and De16 velopment Council, or its successor, and its affiliated 

17 organizations: Provided, That such funds shall be 

18 made available for programs along Burma’s borders 

19 and for Burmese groups and organizations located 

20 outside Burma, and may be made available to sup21 port programs in Burma: Provided further, That in 

22 addition to assistance for Burmese refugees appro23 priated under the heading ‘‘Migration and Refugee 

24 Assistance’’ in this Act, funds shall be made avail25 able for community-based organizations operating in 

mstockstill on DSK4VPTVN1PROD with BILLS

1109 

•HR 3671 IH

1 Thailand to provide food, medical, and other human2 itarian assistance to internally displaced persons in 

3 eastern Burma: Provided further, That any new pro4 gram or activity initiated with funds made available 

5 by this Act shall be subject to prior consultation 

6 with the Committees on Appropriations, and all such 

7 funds shall be subject to the regular notification pro8 cedures of the Committees on Appropriations. 

9 (c) CAMBODIA.—Funds made available in this Act for 

10 a United States contribution to a Khmer Rouge tribunal 

11 may only be made available if the Secretary of State cer12 tifies to the Committees on Appropriations that the 

13 United Nations and the Government of Cambodia are tak14 ing credible steps to address allegations of corruption and 

15 mismanagement within the tribunal. 

16 (d) INDONESIA.—Of the funds appropriated by this 

17 Act under the heading ‘‘Foreign Military Financing Pro18 gram’’ that are available for assistance for Indonesia, 

19 $2,000,000 may not be obligated until the Secretary of 

20 State submits to the Committees on Appropriations the 

21 report on Indonesia required under such heading in Sen22 ate Report 112–85. 

23 (e) NORTH KOREA.—None of the funds made avail24 able by this Act under the heading ‘‘Economic Support 

mstockstill on DSK4VPTVN1PROD with BILLS

1110 

•HR 3671 IH

1 Fund’’ may be made available for energy-related assist2 ance for North Korea. 

3 (f) PEOPLE’S REPUBLIC OF CHINA.— 

4 (1) None of the funds appropriated under the 

5 heading ‘‘Diplomatic and Consular Programs’’ in 

6 this Act may be obligated or expended for processing 

7 licenses for the export of satellites of United States 

8 origin (including commercial satellites and satellite 

9 components) to the People’s Republic of China un10 less, at least 15 days in advance, the Committees on 

11 Appropriations are notified of such proposed action. 

12 (2) The terms and requirements of section 

13 620(h) of the Foreign Assistance Act of 1961 shall 

14 apply to foreign assistance projects or activities of 

15 the People’s Liberation Army (PLA) of the People’s 

16 Republic of China, to include such projects or activi17 ties by any entity that is owned or controlled by, or 

18 an affiliate of, the PLA: Provided, That none of the 

19 funds appropriated or otherwise made available pur20 suant to this Act may be used to finance any grant, 

21 contract, or cooperative agreement with the PLA, or 

22 any entity that the Secretary of State has reason to 

23 believe is owned or controlled by, or an affiliate of, 

24 the PLA. 

mstockstill on DSK4VPTVN1PROD with BILLS

1111 

•HR 3671 IH

1 (g) PHILIPPINES.—Of the funds appropriated by this 

2 Act under the heading ‘‘Foreign Military Financing Pro3 gram’’ that are available for assistance for the Philippines, 

4 $3,000,000 may not be obligated until the Secretary of 

5 State submits to the Committees on Appropriations the 

6 report on the Philippines required under such heading in 

7 Senate Report 112–85. 

8 (h) VIETNAM.—Funds appropriated under the head9 ing ‘‘Economic Support Fund’’ shall be made available for 

10 remediation of dioxin contaminated sites in Vietnam and 

11 may be made available for assistance for the Government 

12 of Vietnam, including the military, for such purposes, and 

13 funds under the heading ‘‘Development Assistance’’ shall 

14 be made available for related health/disability activities. 

15 WESTERN HEMISPHERE

16 SEC. 7045. (a) COLOMBIA.— 

17 (1) Funds appropriated by this Act and made 

18 available to the Department of State for assistance 

19 to the Government of Colombia may be used to sup20 port a unified campaign against narcotics traf21 ficking, illegal armed groups, and organizations des22 ignated as Foreign Terrorist Organizations and suc23 cessor organizations, and to take actions to protect 

24 human health and welfare in emergency cir25 cumstances, including undertaking rescue opermstockstill on DSK4VPTVN1PROD with BILLS

1112 

•HR 3671 IH

1 ations: Provided, That no United States Armed 

2 Forces personnel or United States civilian contractor 

3 employed by the United States will participate in 

4 any combat operation in connection with assistance 

5 made available by this Act for Colombia: Provided 

6 further, That rotary and fixed wing aircraft sup7 ported with funds appropriated under the heading 

8 ‘‘International Narcotics Control and Law Enforce9 ment’’ for assistance for Colombia may be used for 

10 aerial or manual drug eradication and interdiction 

11 including to transport personnel and supplies and to 

12 provide security for such operations: Provided fur13 ther, That such aircraft may also be used to provide 

14 transport in support of alternative development pro15 grams and investigations by civilian judicial authori16 ties: Provided further, That the President shall en17 sure that if any helicopter procured with funds in 

18 this Act or prior Acts making appropriations for the 

19 Department of State, foreign operations, and related 

20 programs, is used to aid or abet the operations of 

21 any illegal self-defense group, paramilitary organiza22 tion, or other illegal armed group in Colombia, such 

23 helicopter shall be immediately returned to the 

24 United States: Provided further, That none of the 

25 funds appropriated by this Act or prior Acts making 

mstockstill on DSK4VPTVN1PROD with BILLS

1113 

•HR 3671 IH

1 appropriations for the Department of State, foreign 

2 operations, and related programs may be made 

3 available for assistance for the Colombian 

4 Departamento Administrativo de Seguridad or suc5 cessor organizations: Provided further, That none of 

6 the funds appropriated by this Act for assistance for 

7 Colombia shall be made available for the cultivation 

8 or processing of African oil palm, if doing so would 

9 contribute to significant loss of native species, dis10 rupt or contaminate natural water sources, reduce 

11 local food security, or cause the forced displacement 

12 of local people: Provided further, That any com13 plaints of harm to health or licit crops caused by 

14 aerial eradication shall be thoroughly investigated 

15 and evaluated, and fair compensation paid in a time16 ly manner for meritorious claims: Provided further, 

17 That funds may not be made available for aerial 

18 eradication unless programs are being implemented 

19 by the United States Agency for International De20 velopment, the Government of Colombia, or other or21 ganizations, in consultation and coordination with 

22 local communities, to provide alternative sources of 

23 income in areas where security permits for small24 acreage growers and communities whose illicit crops 

25 are targeted for aerial eradication: Provided further, 

mstockstill on DSK4VPTVN1PROD with BILLS

1114 

•HR 3671 IH

1 That funds appropriated by this Act may not be 

2 used for aerial eradication in Colombia’s national 

3 parks or reserves unless the Secretary of State cer4 tifies to the Committees on Appropriations that 

5 there are no effective alternatives and the eradi6 cation is in accordance with Colombian laws. 

7 (2) COLOMBIAN ARMED FORCES.—Of the funds 

8 appropriated by this Act that are available for as9 sistance for the Colombian Armed Forces, 25 per10 cent may be obligated only after the Secretary of 

11 State consults with, and subsequently certifies and 

12 submits a report to, the Committees on Appropria13 tions that the Government of Colombia and Colom14 bian Armed Forces are meeting the conditions that 

15 appear under this section in the explanatory state16 ment described in section 4 (in the matter preceding 

17 division A of this consolidated Act): Provided, That 

18 the requirement to withhold funds from obligation 

19 shall not apply with respect to funds made available 

20 under the heading ‘‘International Narcotics Control 

21 and Law Enforcement’’ in this Act for continued 

22 support for the Critical Flight Safety Program or 

23 for any alternative development programs in Colom24 bia administered by the Bureau of International 

25 Narcotics and Law Enforcement Affairs of the Demstockstill on DSK4VPTVN1PROD with BILLS

1115 

•HR 3671 IH

1 partment of State: Provided further, That not less 

2 than 30 days prior to making the certification the 

3 Secretary of State shall consult with Colombian and 

4 international human rights organizations. 

5 (3) ILLEGAL ARMED GROUPS.— 

6 (A) DENIAL OF VISAS.—Subject to para7 graph (B), the Secretary of State shall not 

8 issue a visa to any alien who the Secretary de9 termines, based on credible information— 

10 (i) has willfully provided any support 

11 to or benefitted from the Revolutionary 

12 Armed Forces of Colombia (FARC), the 

13 National Liberation Army (ELN), the 

14 United Self-Defense Forces of Colombia 

15 (AUC), or other illegal armed groups, in16 cluding taking actions or failing to take ac17 tions which allow, facilitate, or otherwise 

18 foster the activities of such groups; or 

19 (ii) has committed, ordered, incited, 

20 assisted, or otherwise participated in the 

21 commission of a violation of human rights 

22 in Colombia. 

23 (B) WAIVER.—Paragraph (A) shall not 

24 apply if the Secretary of State certifies to the 

25 Committees on Appropriations, on a case-bymstockstill on DSK4VPTVN1PROD with BILLS

1116 

•HR 3671 IH

1 case basis, that the issuance of a visa to the 

2 alien is necessary to support the peace process 

3 in Colombia or for urgent humanitarian rea4 sons. 

5 (b) GUATEMALA.—Funds appropriated by this Act 

6 under the headings ‘‘International Military Education and 

7 Training’’ (IMET) and ‘‘Foreign Military Financing Pro8 gram’’ that are available for assistance for Guatemala may 

9 be made available only for the Guatemalan Air Force, 

10 Navy, and Army Corps of Engineers: Provided, That ex11 panded IMET may be made available for assistance for 

12 the Guatemalan Army. 

13 (c) HAITI.—The Government of Haiti shall be eligible 

14 to purchase defense articles and services under the Arms 

15 Export Control Act (22 U.S.C. 2751 et seq.) for the Coast 

16 Guard. 

17 (d) HONDURAS.—Prior to the obligation of 20 per18 cent of the funds appropriated by this Act that are avail19 able for assistance for Honduran military and police 

20 forces, the Secretary of State shall report in writing to 

21 the Committees on Appropriations that: the Government 

22 of Honduras is implementing policies to protect freedom 

23 of expression and association, and due process of law; and 

24 is investigating and prosecuting in the civilian justice sys25 tem, in accordance with Honduran and international law, 

mstockstill on DSK4VPTVN1PROD with BILLS

1117 

•HR 3671 IH

1 military and police personnel who are credibly alleged to 

2 have violated human rights, and the Honduran military 

3 and police are cooperating with civilian judicial authorities 

4 in such cases: Provided, That the restriction in this sub5 section shall not apply to assistance to promote trans6 parency, anti-corruption and the rule of law within the 

7 military and police forces. 

8 (e) MEXICO.—Prior to the obligation of 15 percent 

9 of the funds appropriated by this Act that are available 

10 for assistance for Mexican military and police forces, the 

11 Secretary of State shall report in writing to the Commit12 tees on Appropriations that: the Government of Mexico is 

13 investigating and prosecuting in the civilian justice sys14 tem, in accordance with Mexican and international law, 

15 military and police personnel who are credibly alleged to 

16 have violated human rights; is enforcing prohibitions on 

17 the use of testimony obtained through torture; and the 

18 Mexican military and police are cooperating with civilian 

19 judicial authorities in such cases: Provided, That the re20 striction in this subsection shall not apply to assistance 

21 to promote transparency, anti-corruption and the rule of 

22 law within the military and police forces. 

23 (f) TRADE CAPACITY.—Of the funds appropriated by 

24 this Act, not less than $10,000,000 under the heading 

25 ‘‘Development Assistance’’ and not less than $10,000,000 

mstockstill on DSK4VPTVN1PROD with BILLS

1118 

•HR 3671 IH

1 under the heading ‘‘Economic Support Fund’’ shall be 

2 made available for labor and environmental capacity build3 ing activities relating to free trade agreements with coun4 tries of Central America, Peru and the Dominican Repub5 lic. 

6 (g) AIRCRAFT OPERATIONS AND MAINTENANCE.— 

7 To the maximum extent practicable, the costs of oper8 ations and maintenance, including fuel, of aircraft funded 

9 by this Act should be borne by the recipient country. 

10 SOUTH ASIA

11 SEC. 7046. (a) AFGHANISTAN.— 

12 (1) LIMITATION.—None of the funds appro13 priated or otherwise made available by this Act 

14 under the headings ‘‘Economic Support Fund’’ and 

15 ‘‘International Narcotics Control and Law Enforce16 ment’’ may be obligated for assistance for the Gov17 ernment of Afghanistan until the Secretary of State, 

18 in consultation with the Administrator of the United 

19 States Agency for International Development 

20 (USAID), certifies to the Committees on Appropria21 tions that— 

22 (A) The funds will be used to design and 

23 support programs in accordance with the June 

24 2011 ‘‘Administrator’s Sustainability Guidance 

25 for USAID in Afghanistan’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

1119 

•HR 3671 IH

1 (B) The Government of Afghanistan is— 

2 (i) reducing corruption and improving 

3 governance, including by investigating, 

4 prosecuting, sanctioning or removing cor5 rupt officials from office and implementing 

6 financial transparency and accountability 

7 measures for government institutions and 

8 officials (including the Central Bank) as 

9 well as conducting oversight of public re10 sources; 

11 (ii) taking credible steps to protect the 

12 human rights of Afghan women; and 

13 (iii) taking significant steps to facili14 tate active public participation in govern15 ance and oversight. 

16 (C) Funds will be used to support and 

17 strengthen the capacity of Afghan public and 

18 private institutions and entities to reduce cor19 ruption and to improve transparency and ac20 countability of national, provincial and local 

21 governments. 

22 (D) Representatives of Afghan national, 

23 provincial or local governments, and local com24 munities and civil society organizations, includ25 ing women-led organizations, will be consulted 

mstockstill on DSK4VPTVN1PROD with BILLS

1120 

•HR 3671 IH

1 and participate in the design of programs, 

2 projects, and activities, including participation 

3 in implementation and oversight, and the devel4 opment of specific benchmarks to measure 

5 progress and outcomes. 

6 (2) ASSISTANCE AND OPERATIONS.— 

7 (A) Funds appropriated or otherwise made 

8 available by this Act for assistance for Afghani9 stan may be made available as a United States 

10 contribution to the Afghanistan Reconstruction 

11 Trust Fund (ARTF) unless the Secretary of 

12 State determines and reports to the Committees 

13 on Appropriations that the World Bank Moni14 toring Agent of the ARTF is unable to conduct 

15 its financial control and audit responsibilities 

16 due to restrictions on security personnel by the 

17 Government of Afghanistan. 

18 (B) Funds appropriated under the head19 ings ‘‘Economic Support Fund’’ and ‘‘Inter20 national Narcotics Control and Law Enforce21 ment’’ in this Act that are available for assist22 ance for Afghanistan— 

23 (i) shall be made available, to the 

24 maximum extent practicable, in a manner 

25 that emphasizes the participation of Afmstockstill on DSK4VPTVN1PROD with BILLS

1121 

•HR 3671 IH

1 ghan women, and directly improves the se2 curity, economic and social well-being, and 

3 political status, and protects the rights of, 

4 Afghan women and girls and complies with 

5 sections 7060 and 7061 of this Act, includ6 ing support for the Afghan Independent 

7 Human Rights Commission, the Afghan 

8 Ministry of Women’s Affairs, and women9 led organizations; 

10 (ii) may be made available for a 

11 United States contribution to an inter12 nationally managed fund to support the 

13 reconciliation with and disarmament, de14 mobilization and reintegration into Afghan 

15 society of former combatants who have re16 nounced violence against the Government 

17 of Afghanistan: Provided, That funds may 

18 be made available to support reconciliation 

19 and reintegration activities only if: 

20 (I) Afghan women are partici21 pating at national, provincial and local 

22 levels of government in the design, 

23 policy formulation and implementation 

24 of the reconciliation or reintegration 

25 process, and such process upholds 

mstockstill on DSK4VPTVN1PROD with BILLS

1122 

•HR 3671 IH

1 steps taken by the Government of Af2 ghanistan to protect the human rights 

3 of Afghan women; and 

4 (II) such funds will not be used 

5 to support any pardon or immunity 

6 from prosecution, or any position in 

7 the Government of Afghanistan or se8 curity forces, for any leader of an 

9 armed group responsible for crimes 

10 against humanity, war crimes, or acts 

11 of terrorism; and 

12 (iii) may be made available for a 

13 United States contribution to the North 

14 Atlantic Treaty Organization/International 

15 Security Assistance Force Post-Operations 

16 Humanitarian Relief Fund. 

17 (C) The authority contained in section 

18 1102(c) of Public Law 111–32 shall continue in 

19 effect during fiscal year 2012 and shall apply 

20 as if part of this Act. 

21 (D)(i) Of the funds appropriated by this 

22 Act that are made available for assistance for 

23 Afghanistan, not less than $50,000,000 shall be 

24 made available for rule of law programs: Pro25 vided, That decisions on the uses of such funds 

mstockstill on DSK4VPTVN1PROD with BILLS

1123 

•HR 3671 IH

1 shall be the responsibility of the Coordinator for 

2 Rule of Law, in consultation with the Inter3 agency Planning and Implementation Team, at 

4 the United States Embassy in Kabul, Afghani5 stan: Provided further, That $250,000 of such 

6 funds shall be transferred to, and merged with, 

7 funds appropriated under the heading ‘‘Office 

8 of Inspector General’’ in title I of this Act for 

9 oversight of such programs and activities. 

10 (ii) The Coordinator for Rule of Law at 

11 the United States Embassy in Kabul, Afghani12 stan shall be consulted on the use of all funds 

13 appropriated by this Act for rule of law pro14 grams in Afghanistan. 

15 (E) None of the funds made available by 

16 this Act may be used by the United States Gov17 ernment to enter into a permanent basing 

18 rights agreement between the United States 

19 and Afghanistan. 

20 (F) Any significant modification to the 

21 scope, objectives or implementation mechanisms 

22 of United States assistance programs in Af23 ghanistan shall be subject to prior consultation 

24 with, and the regular notification procedures of, 

25 the Committees on Appropriations, except that 

mstockstill on DSK4VPTVN1PROD with BILLS

1124 

•HR 3671 IH

1 the prior consultation requirement may be 

2 waived in a manner consistent with section 

3 7015(e) of this Act. 

4 (G) Not later than 90 days after enact5 ment of this Act, the Secretary of State shall 

6 report to the Committees on Appropriations on 

7 the International Monetary Fund (IMF) coun8 try program for Afghanistan including actions 

9 requested by the IMF and taken by the Govern10 ment of Afghanistan to address the Kabul 

11 Bank crisis and restore confidence in Afghani12 stan’s banking sector. 

13 (H) Funds appropriated under titles III 

14 through VI of this Act that are made available 

15 for assistance for Afghanistan may be made 

16 available notwithstanding section 7012 of this 

17 Act or any similar provision of law and section 

18 660 of the Foreign Assistance Act of 1961. 

19 (3) OVERSIGHT.—The Special Inspector Gen20 eral for Afghanistan Reconstruction, the Inspector 

21 General of the Department of State and the Inspec22 tor General of USAID, shall jointly develop and sub23 mit to the Committees on Appropriations within 45 

24 days of enactment of this Act a coordinated audit 

mstockstill on DSK4VPTVN1PROD with BILLS

1125 

•HR 3671 IH

1 and inspection plan of United States assistance for, 

2 and civilian operations in, Afghanistan. 

3 (b) NEPAL.— 

4 (1) Funds appropriated by this Act under the 

5 heading ‘‘Foreign Military Financing Program’’ may 

6 be made available for assistance for Nepal only if 

7 the Secretary of State certifies to the Committees on 

8 Appropriations that the Nepal Army is— 

9 (A) cooperating fully with investigations 

10 and prosecutions of violations of human rights 

11 by civilian judicial authorities; and 

12 (B) working constructively to redefine the 

13 Nepal Army’s mission and adjust its size ac14 cordingly, implement reforms including 

15 strengthening the capacity of the civilian min16 istry of defense to improve budget transparency 

17 and accountability, and facilitate the integration 

18 of former rebel combatants into the security 

19 forces including the Nepal Army, consistent 

20 with the goals of reconciliation, peace and sta21 bility. 

22 (2) The conditions in paragraph (1) shall not 

23 apply to assistance for humanitarian relief and re24 construction activities in Nepal. 

25 (c) PAKISTAN.— 

mstockstill on DSK4VPTVN1PROD with BILLS

1126 

•HR 3671 IH

1 (1) CERTIFICATION.— 

2 (A) None of the funds appropriated or oth3 erwise made available by this Act under the 

4 headings ‘‘Economic Support Fund’’, ‘‘Inter5 national Narcotics Control and Law Enforce6 ment’’, ‘‘Foreign Military Financing Program’’, 

7 and ‘‘Pakistan Counterinsurgency Capability 

8 Fund’’ for assistance for the Government of 

9 Pakistan may be made available unless the Sec10 retary of State certifies to the Committees on 

11 Appropriations that the Government of Paki12 stan is— 

13 (i) cooperating with the United States 

14 in counterterrorism efforts against the 

15 Haqqani Network, the Quetta Shura 

16 Taliban, Lashkar e-Tayyiba, Jaish-e-Mo17 hammed, Al Qaeda and other domestic and 

18 foreign terrorist organizations, including 

19 taking steps to end support for such 

20 groups and prevent them from basing and 

21 operating in Pakistan and carrying out 

22 cross border attacks into neighboring coun23 tries; 

24 (ii) not supporting terrorist activities 

25 against United States or coalition forces in 

mstockstill on DSK4VPTVN1PROD with BILLS

1127 

•HR 3671 IH

1 Afghanistan, and Pakistan’s military and 

2 intelligence agencies are not intervening 

3 extra-judicially into political and judicial 

4 processes in Pakistan; 

5 (iii) dismantling improvised explosive 

6 device (IED) networks and interdicting 

7 precursor chemicals used in the manufac8 ture of IEDs; 

9 (iv) preventing the proliferation of nu10 clear-related material and expertise; 

11 (v) issuing visas in a timely manner 

12 for United States visitors engaged in 

13 counterterrorism efforts and assistance 

14 programs in Pakistan; and 

15 (vi) providing humanitarian organiza16 tions access to detainees, internally dis17 placed persons, and other Pakistani civil18 ians affected by the conflict. 

19 (B) The Secretary of State may waive the 

20 requirements of paragraph (A) if to do so is in 

21 the national security interests of the United 

22 States. 

23 (2) ASSISTANCE.— 

24 (A) Funds appropriated by this Act under 

25 the heading ‘‘Foreign Military Financing Promstockstill on DSK4VPTVN1PROD with BILLS

1128 

•HR 3671 IH

1 gram’’ for assistance for Pakistan may be made 

2 available only to support counterterrorism and 

3 counterinsurgency capabilities in Pakistan, and 

4 are subject to section 620M of the Foreign As5 sistance Act of 1961, as amended by this Act. 

6 (B) Funds appropriated by this Act under 

7 the heading ‘‘Economic Support Fund’’ for as8 sistance for Pakistan should be made available 

9 to interdict precursor materials from Pakistan 

10 to Afghanistan that are used to manufacture 

11 improvised explosive devices, including calcium 

12 ammonium nitrate; to support programs to 

13 train border and customs officials in Pakistan 

14 and Afghanistan; and for agricultural extension 

15 programs that encourage alternative fertilizer 

16 use among Pakistani farmers. 

17 (C) Of the funds appropriated by this Act 

18 under the heading ‘‘Economic Support Fund’’ 

19 for assistance for Pakistan, $10,000,000 shall 

20 be made available through the Bureau of De21 mocracy, Human Rights and Labor, Depart22 ment of State, for human rights and democracy 

23 programs in Pakistan, including training of 

24 government officials and security forces, and 

mstockstill on DSK4VPTVN1PROD with BILLS

1129 

•HR 3671 IH

1 assistance for human rights organizations and 

2 the development of democratic political parties. 

3 (D) Funds appropriated by this Act under 

4 the heading ‘‘Economic Support Fund’’ for as5 sistance for Pakistan may be made available for 

6 the Chief of Mission Fund, as authorized by 

7 section 101(c)(5) of Public Law 111–73. 

8 (E) Funds appropriated by this Act under 

9 the heading ‘‘Economic Support Fund’’ that are 

10 made available for assistance for infrastructure 

11 projects in Pakistan shall be implemented in a 

12 manner consistent with section 507(6) of the 

13 Trade Act of 1974 (19 U.S.C. 2467(6)). 

14 (F) Funds appropriated by this Act under 

15 titles III and VI for assistance for Pakistan 

16 may be made available notwithstanding any 

17 other provision of law, except for this sub18 section and section 620M of the Foreign Assist19 ance Act of 1961, as amended by this Act. 

20 (3) REPORTS.— 

21 (A)(i) The spend plan required by section 

22 7078 of this Act for assistance for Pakistan 

23 shall include achievable and sustainable goals, 

24 benchmarks for measuring progress, and ex25 pected results regarding furthering development 

mstockstill on DSK4VPTVN1PROD with BILLS

1130 

•HR 3671 IH

1 in Pakistan, countering extremism, and estab2 lishing conditions conducive to the rule of law 

3 and transparent and accountable governance: 

4 Provided, That such benchmarks may incor5 porate those required in title III of Public Law 

6 111–73, as appropriate: Provided further, That 

7 not later than 6 months after submission of 

8 such spend plan, and each 6 months thereafter 

9 until September 30, 2013, the Secretary of 

10 State shall submit a report to the Committees 

11 on Appropriations on the status of achieving 

12 the goals and benchmarks in the spend plan. 

13 (ii) The Secretary of State should suspend 

14 assistance for the Government of Pakistan if 

15 any report required by paragraph (A)(i) indi16 cates that Pakistan is failing to make measur17 able progress in meeting these goals or bench18 marks. 

19 (B) Not later than 90 days after enact20 ment of this Act, the Secretary of State shall 

21 submit a report to the Committees on Appro22 priations detailing the costs and objectives asso23 ciated with significant infrastructure projects 

24 supported by the United States in Pakistan, 

mstockstill on DSK4VPTVN1PROD with BILLS

1131 

•HR 3671 IH

1 and an assessment of the extent to which such 

2 projects achieve such objectives. 

3 (d) SRI LANKA.— 

4 (1) None of the funds appropriated by this Act 

5 under the heading ‘‘Foreign Military Financing Pro6 gram’’ may be made available for assistance for Sri 

7 Lanka, no defense export license may be issued, and 

8 no military equipment or technology shall be sold or 

9 transferred to Sri Lanka pursuant to the authorities 

10 contained in this Act or any other Act, unless the 

11 Secretary of State certifies to the Committees on 

12 Appropriations that the Government of Sri Lanka 

13 is— 

14 (A) conducting credible, thorough inves15 tigations of alleged war crimes and violations of 

16 international humanitarian law by government 

17 forces and the Liberation Tigers of Tamil 

18 Eelam; 

19 (B) bringing to justice individuals who 

20 have been credibly alleged to have committed 

21 such violations; 

22 (C) supporting and cooperating with any 

23 United Nations investigation of alleged war 

24 crimes and violations of international humani25 tarian law; 

mstockstill on DSK4VPTVN1PROD with BILLS

1132 

•HR 3671 IH

1 (D) respecting due process, the rights of 

2 journalists, and the rights of citizens to peace3 ful expression and association, including ending 

4 arrest and detention under emergency regula5 tions; 

6 (E) providing access to detainees by hu7 manitarian organizations; and 

8 (F) implementing policies to promote rec9 onciliation and justice including devolution of 

10 power. 

11 (2) Paragraph (1) shall not apply to assistance 

12 for humanitarian demining and aerial and maritime 

13 surveillance. 

14 (3) If the Secretary makes the certification re15 quired in paragraph (1), funds appropriated under 

16 the heading ‘‘Foreign Military Financing Program’’ 

17 that are made available for assistance for Sri Lanka 

18 should be used to support the recruitment and train19 ing of Tamils into the Sri Lankan military, Tamil 

20 language training for Sinhalese military personnel, 

21 and human rights training for all military personnel. 

22 (4) The Secretary of the Treasury shall instruct 

23 the United States executive directors of the inter24 national financial institutions to vote against any 

25 loan, agreement, or other financial support for Sri 

mstockstill on DSK4VPTVN1PROD with BILLS

1133 

•HR 3671 IH

1 Lanka except to meet basic human needs, unless the 

2 Secretary of State certifies to the Committees on 

3 Appropriations that the Government of Sri Lanka is 

4 meeting the requirements in paragraph (1)(D), (E), 

5 and (F) of this subsection. 

6 (e) REGIONAL CROSS BORDER PROGRAMS.—Funds 

7 appropriated by this Act under the heading ‘‘Economic 

8 Support Fund’’ for assistance for Afghanistan and Paki9 stan may be provided notwithstanding any other provision 

10 of law that restricts assistance to foreign countries for 

11 cross border stabilization and development programs be12 tween Afghanistan and Pakistan or between either country 

13 and the Central Asian republics. 

14 PROHIBITION OF PAYMENTS TO UNITED NATIONS

15 MEMBERS

16 SEC. 7047. None of the funds appropriated or made 

17 available pursuant to titles III through VI of this Act for 

18 carrying out the Foreign Assistance Act of 1961, may be 

19 used to pay in whole or in part any assessments, arrear20 ages, or dues of any member of the United Nations or, 

21 from funds appropriated by this Act to carry out chapter 

22 1 of part I of the Foreign Assistance Act of 1961, the 

23 costs for participation of another country’s delegation at 

24 international conferences held under the auspices of multi25 lateral or international organizations. 

mstockstill on DSK4VPTVN1PROD with BILLS

1134 

•HR 3671 IH

1 WAR CRIMES TRIBUNALS DRAWDOWN

2 SEC. 7048. If the President determines that doing so 

3 will contribute to a just resolution of charges regarding 

4 genocide or other violations of international humanitarian 

5 law, the President may direct a drawdown pursuant to sec6 tion 552(c) of the Foreign Assistance Act of 1961 of up 

7 to $30,000,000 of commodities and services for the United 

8 Nations War Crimes Tribunal established with regard to 

9 the former Yugoslavia by the United Nations Security 

10 Council or such other tribunals or commissions as the 

11 Council may establish or authorize to deal with such viola12 tions, without regard to the ceiling limitation contained 

13 in paragraph (2) thereof: Provided, That the determina14 tion required under this section shall be in lieu of any de15 terminations otherwise required under section 552(c): Pro16 vided further, That funds made available pursuant to this 

17 section shall be made available subject to the regular noti18 fication procedures of the Committees on Appropriations. 

19 UNITED NATIONS

20 SEC. 7049. (a) TRANSPARENCY AND ACCOUNT21 ABILITY.— 

22 (1) Of the funds appropriated under title I and 

23 under the heading ‘‘International Organizations and 

24 Programs’’ in title V of this Act that are available 

25 for contributions to any United Nations agency or to 

mstockstill on DSK4VPTVN1PROD with BILLS

1135 

•HR 3671 IH

1 the Organization of American States, 15 percent 

2 shall be withheld from obligation for such agency or 

3 organization if the Secretary of State determines 

4 and reports to the Committees on Appropriations 

5 that the agency or organization is not taking steps 

6 to— 

7 (A) publish on a publicly available Web 

8 site, consistent with privacy regulations and due 

9 process, regular financial and programmatic au10 dits of the agency or organization, and provide 

11 the United States Government with necessary 

12 access to such financial and performance au13 dits; and 

14 (B) implement best practices for the pro15 tection of whistleblowers from retaliation, in16 cluding best practices for legal burdens of 

17 proof, access to independent adjudicative bod18 ies, results that eliminate the effects of retalia19 tion, and statutes of limitation for reporting re20 taliation. 

21 (2) The Secretary may waive the restriction in 

22 this subsection if the Secretary determines and re23 ports that to do so is in the national interest of the 

24 United States. 

mstockstill on DSK4VPTVN1PROD with BILLS

1136 

•HR 3671 IH

1 (b) RESTRICTIONS ON UNITED NATIONS DELEGA2 TIONS AND ORGANIZATIONS.— 

3 (1) None of the funds made available under 

4 title I of this Act may be used to pay expenses for 

5 any United States delegation to any specialized 

6 agency, body, or commission of the United Nations 

7 if such commission is chaired or presided over by a 

8 country, the government of which the Secretary of 

9 State has determined, for purposes of section 6(j)(1) 

10 of the Export Administration Act of 1979 (50 

11 U.S.C. App. 2405(j)(1)), supports international ter12 rorism. 

13 (2) None of the funds made available under 

14 title I of this Act may be used by the Secretary of 

15 State as a contribution to any organization, agency, 

16 or program within the United Nations system if 

17 such organization, agency, commission, or program 

18 is chaired or presided over by a country, the govern19 ment of which the Secretary of State has deter20 mined, for purposes of section 620A of the Foreign 

21 Assistance Act of 1961, section 40 of the Arms Ex22 port Control Act, section 6(j)(1) of the Export Ad23 ministration Act of 1979, or any other provision of 

24 law, is a government that has repeatedly provided 

25 support for acts of international terrorism. 

mstockstill on DSK4VPTVN1PROD with BILLS

1137 

•HR 3671 IH

1 (3) The Secretary of State may waive the re2 strictions in this subsection if the Secretary deter3 mines and reports to the Committees on Appropria4 tions that to do so is in the national interest of the 

5 United States. 

6 (c) UNITED NATIONS HUMAN RIGHTS COUNCIL.— 

7 Funds appropriated by this Act may be made available 

8 for voluntary contributions or payment of United States 

9 assessments in support of the United Nations Human 

10 Rights Council if the Secretary of State determines and 

11 reports to the Committees on Appropriations that partici12 pation in the Council is in the national interest of the 

13 United States: Provided, That the Secretary of State shall 

14 report to the Committees on Appropriations not later than 

15 30 days after the date of enactment of this Act, and every 

16 180 days thereafter until September 30, 2012, on the res17 olutions considered in the United Nations Human Rights 

18 Council. 

19 (d) UNITED NATIONS RELIEF AND WORKS AGEN20 CY.—The reporting requirements regarding the United 

21 Nations Relief and Works Agency contained in the joint 

22 explanatory statement accompanying the Supplemental 

23 Appropriations Act, 2009 (Public Law 111–32, House Re24 port 111–151) under the heading ‘‘Migration and Refugee 

mstockstill on DSK4VPTVN1PROD with BILLS

1138 

•HR 3671 IH

1 Assistance’’ in title XI shall apply to funds made available 

2 by this Act under such heading. 

3 (e) UNITED NATIONS CAPITAL MASTER PLAN.— 

4 None of the funds made available in this Act for the 

5 United Nations Capital Master Plan may be used for the 

6 design, renovation, or construction of the United Nations 

7 Headquarters in New York in excess of the United States 

8 payment for the assessment agreed upon pursuant to 

9 paragraph 10 of United Nations General Assembly Reso10 lution 61/251. 

11 (f) REPORTING REQUIREMENT.—Not later than 30 

12 days after enactment of this Act, the Secretary of State 

13 shall submit a report to the Committees on Appropriation 

14 detailing the amount of funds available for obligation or 

15 expenditure in fiscal year 2012 under the headings ‘‘Con16 tributions to International Organizations’’ and ‘‘Inter17 national Organizations and Programs’’ that are withheld 

18 from obligation or expenditure due to any provision of law: 

19 Provided, That the Secretary of State shall update such 

20 report each time additional funds are withheld by oper21 ation of any provision of law: Provided further, That the 

22 reprogramming of any withheld funds identified in such 

23 report, including updates thereof, shall be subject to prior 

24 consultation with, and the regular notification procedures 

25 of, the Committees on Appropriations. 

mstockstill on DSK4VPTVN1PROD with BILLS

1139 

•HR 3671 IH

1 COMMUNITY-BASED POLICE ASSISTANCE

2 SEC. 7050. (a) AUTHORITY.—Funds made available 

3 by titles III and IV of this Act to carry out the provisions 

4 of chapter 1 of part I and chapters 4 and 6 of part II 

5 of the Foreign Assistance Act of 1961, may be used, not6 withstanding section 660 of that Act, to enhance the effec7 tiveness and accountability of civilian police authority 

8 through training and technical assistance in human rights, 

9 the rule of law, anti-corruption, strategic planning, and 

10 through assistance to foster civilian police roles that sup11 port democratic governance including assistance for pro12 grams to prevent conflict, respond to disasters, address 

13 gender-based violence, and foster improved police relations 

14 with the communities they serve. 

15 (b) NOTIFICATION.—Assistance provided under sub16 section (a) shall be subject to the regular notification pro17 cedures of the Committees on Appropriations. 

18 ATTENDANCE AT INTERNATIONAL CONFERENCES

19 SEC. 7051. None of the funds made available in this 

20 Act may be used to send or otherwise pay for the attend21 ance of more than 50 employees of agencies or depart22 ments of the United States Government who are stationed 

23 in the United States, at any single international con24 ference occurring outside the United States, unless the 

25 Secretary of State reports to the Committees on Appromstockstill on DSK4VPTVN1PROD with BILLS

1140 

•HR 3671 IH

1 priations at least 5 days in advance that such attendance 

2 is important to the national interest: Provided, That for 

3 purposes of this section the term ‘‘international con4 ference’’ shall mean a conference attended by representa5 tives of the United States Government and of foreign gov6 ernments, international organizations, or nongovern7 mental organizations. 

8 AIRCRAFT TRANSFER AND COORDINATION

9 SEC. 7052. (a) TRANSFER AUTHORITY.—Notwith10 standing any other provision of law or regulation, aircraft 

11 procured with funds appropriated by this Act and prior 

12 Acts making appropriations for the Department of State, 

13 foreign operations, and related programs under the head14 ings ‘‘Diplomatic and Consular Programs’’, ‘‘International 

15 Narcotics Control and Law Enforcement’’, ‘‘Andean 

16 Counterdrug Initiative’’ and ‘‘Andean Counterdrug Pro17 grams’’ may be used for any other program and in any 

18 region, including for the transportation of active and 

19 standby Civilian Response Corps personnel and equipment 

20 during a deployment: Provided, That the responsibility for 

21 policy decisions and justification for the use of such trans22 fer authority shall be the responsibility of the Secretary 

23 of State and the Deputy Secretary of State and this re24 sponsibility shall not be delegated. 

mstockstill on DSK4VPTVN1PROD with BILLS

1141 

•HR 3671 IH

1 (b) PROPERTY DISPOSAL.—The authority provided 

2 in subsection (a) shall apply only after the Secretary of 

3 State determines and reports to the Committees on Appro4 priations that the equipment is no longer required to meet 

5 programmatic purposes in the designated country or re6 gion: Provided, That any such transfer shall be subject 

7 to prior consultation with, and the regular notification 

8 procedures of, the Committees on Appropriations. 

9 (c) AIRCRAFT COORDINATION.— 

10 (1) The uses of aircraft purchased or leased by 

11 the Department of State and the United States 

12 Agency for International Development (USAID) 

13 with funds made available in this Act or prior Acts 

14 making appropriations for the Department of State, 

15 foreign operations, and related programs shall be co16 ordinated under the authority of the appropriate 

17 Chief of Mission: Provided, That such aircraft may 

18 be used to transport, on a reimbursable or non-reim19 bursable basis, Federal and non-Federal personnel 

20 supporting Department of State and USAID pro21 grams and activities: Provided further, That official 

22 travel for other agencies for other purposes may be 

23 supported on a reimbursable basis, or without reim24 bursement when traveling on a space available basis. 

mstockstill on DSK4VPTVN1PROD with BILLS

1142 

•HR 3671 IH

1 (2) The requirement and authorities of this 

2 subsection shall only apply to aircraft, the primary 

3 purpose of which is the transportation of personnel. 

4 PARKING FINES AND REAL PROPERTY TAXES OWED BY

5 FOREIGN GOVERNMENTS

6 SEC. 7053. The terms and conditions of section 7055 

7 of division F of Public Law 111–117 shall apply to this 

8 Act: Provided, That the date ‘‘September 30, 2009’’ in 

9 subsection (f)(2)(B) shall be deemed to be ‘‘September 30, 

10 2011’’. 

11 LANDMINES AND CLUSTER MUNITIONS

12 SEC. 7054. (a) LANDMINES.—Notwithstanding any 

13 other provision of law, demining equipment available to 

14 the United States Agency for International Development 

15 and the Department of State and used in support of the 

16 clearance of landmines and unexploded ordnance for hu17 manitarian purposes may be disposed of on a grant basis 

18 in foreign countries, subject to such terms and conditions 

19 as the Secretary of State may prescribe. 

20 (b) CLUSTER MUNITIONS.—No military assistance 

21 shall be furnished for cluster munitions, no defense export 

22 license for cluster munitions may be issued, and no cluster 

23 munitions or cluster munitions technology shall be sold or 

24 transferred, unless— 

mstockstill on DSK4VPTVN1PROD with BILLS

1143 

•HR 3671 IH

1 (1) the submunitions of the cluster munitions, 

2 after arming, do not result in more than 1 percent 

3 unexploded ordnance across the range of intended 

4 operational environments; and 

5 (2) the agreement applicable to the assistance, 

6 transfer, or sale of such cluster munitions or cluster 

7 munitions technology specifies that the cluster muni8 tions will only be used against clearly defined mili9 tary targets and will not be used where civilians are 

10 known to be present or in areas normally inhabited 

11 by civilians. 

12 PROHIBITION ON PUBLICITY OR PROPAGANDA

13 SEC. 7055. No part of any appropriation contained 

14 in this Act shall be used for publicity or propaganda pur15 poses within the United States not authorized before the 

16 date of the enactment of this Act by the Congress: Pro17 vided, That not to exceed $25,000 may be made available 

18 to carry out the provisions of section 316 of Public Law 

19 96–533. 

20 LIMITATION ON RESIDENCE EXPENSES

21 SEC. 7056. Of the funds appropriated or made avail22 able pursuant to title II of this Act, not to exceed 

23 $100,500 shall be for official residence expenses of the 

24 United States Agency for International Development dur25 ing the current fiscal year: Provided, That appropriate 

mstockstill on DSK4VPTVN1PROD with BILLS

1144 

•HR 3671 IH

1 steps shall be taken to assure that, to the maximum extent 

2 possible, United States-owned foreign currencies are uti3 lized in lieu of dollars. 

4 UNITED STATES AGENCY FOR INTERNATIONAL

5 DEVELOPMENT MANAGEMENT

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 7057. (a) AUTHORITY.—Up to $93,000,000 of 

8 the funds made available in title III of this Act to carry 

9 out the provisions of part I of the Foreign Assistance Act 

10 of 1961, including funds appropriated under the heading 

11 ‘‘Assistance for Europe, Eurasia and Central Asia’’, may 

12 be used by the United States Agency for International De13 velopment (USAID) to hire and employ individuals in the 

14 United States and overseas on a limited appointment basis 

15 pursuant to the authority of sections 308 and 309 of the 

16 Foreign Service Act of 1980. 

17 (b) RESTRICTIONS.— 

18 (1) The number of individuals hired in any fis19 cal year pursuant to the authority contained in sub20 section (a) may not exceed 175. 

21 (2) The authority to hire individuals contained 

22 in subsection (a) shall expire on September 30, 

23 2013. 

24 (c) CONDITIONS.—The authority of subsection (a) 

25 should only be used to the extent that an equivalent nummstockstill on DSK4VPTVN1PROD with BILLS

1145 

•HR 3671 IH

1 ber of positions that are filled by personal services contrac2 tors or other non-direct hire employees of USAID, who 

3 are compensated with funds appropriated to carry out part 

4 I of the Foreign Assistance Act of 1961, including funds 

5 appropriated under the heading ‘‘Assistance for Europe, 

6 Eurasia and Central Asia’’, are eliminated. 

7 (d) PROGRAM ACCOUNT CHARGED.—The account 

8 charged for the cost of an individual hired and employed 

9 under the authority of this section shall be the account 

10 to which such individual’s responsibilities primarily relate: 

11 Provided, That funds made available to carry out this sec12 tion may be transferred to, and merged with, funds appro13 priated by this Act in title II under the heading ‘‘Oper14 ating Expenses’’. 

15 (e) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi16 viduals hired and employed by USAID, with funds made 

17 available in this Act or prior Acts making appropriations 

18 for the Department of State, foreign operations, and re19 lated programs, pursuant to the authority of section 309 

20 of the Foreign Service Act of 1980, may be extended for 

21 a period of up to 4 years notwithstanding the limitation 

22 set forth in such section. 

23 (f) DISASTER SURGE CAPACITY.—Funds appro24 priated under title III of this Act to carry out part I of 

25 the Foreign Assistance Act of 1961, including funds apmstockstill on DSK4VPTVN1PROD with BILLS

1146 

•HR 3671 IH

1 propriated under the heading ‘‘Assistance for Europe, 

2 Eurasia and Central Asia’’, may be used, in addition to 

3 funds otherwise available for such purposes, for the cost 

4 (including the support costs) of individuals detailed to or 

5 employed by USAID whose primary responsibility is to 

6 carry out programs in response to natural disasters, or 

7 man-made disasters subject to the regular notification 

8 procedures of the Committees on Appropriations. 

9 (g) PERSONAL SERVICES CONTRACTORS.—Funds ap10 propriated by this Act to carry out chapter 1 of part I, 

11 chapter 4 of part II, and section 667 of the Foreign As12 sistance Act of 1961, and title II of the Agricultural Trade 

13 Development and Assistance Act of 1954, may be used 

14 by USAID to employ up to 40 personal services contrac15 tors in the United States, notwithstanding any other pro16 vision of law, for the purpose of providing direct, interim 

17 support for new or expanded overseas programs and ac18 tivities managed by the agency until permanent direct hire 

19 personnel are hired and trained: Provided, That not more 

20 than 15 of such contractors shall be assigned to any bu21 reau or office: Provided further, That such funds appro22 priated to carry out title II of the Agricultural Trade De23 velopment and Assistance Act of 1954, may be made avail24 able only for personal services contractors assigned to the 

25 Office of Food for Peace. 

mstockstill on DSK4VPTVN1PROD with BILLS

1147 

•HR 3671 IH

1 (h) SMALL BUSINESS.—In entering into multiple 

2 award indefinite-quantity contracts with funds appro3 priated by this Act, USAID may provide an exception to 

4 the fair opportunity process for placing task orders under 

5 such contracts when the order is placed with any category 

6 of small or small disadvantaged business. 

7 (i) SENIOR FOREIGN SERVICE LIMITED APPOINT8 MENTS.—Individuals hired pursuant to the authority pro9 vided by section 7059(o) of division F of Public Law 111– 

10 117 may be assigned to or support programs in Iraq, Af11 ghanistan, or Pakistan with funds made available in this 

12 Act and prior Acts making appropriations for the Depart13 ment of State, foreign operations, and related programs. 

14 GLOBAL HEALTH ACTIVITIES

15 SEC. 7058. (a) IN GENERAL.—Funds appropriated 

16 by titles III and IV of this Act that are made available 

17 for bilateral assistance for child survival activities or dis18 ease programs including activities relating to research on, 

19 and the prevention, treatment and control of, HIV/AIDS 

20 may be made available notwithstanding any other provi21 sion of law except for provisions under the heading ‘‘Glob22 al Health Programs’’ and the United States Leadership 

23 Against HIV/AIDS, Tuberculosis, and Malaria Act of 

24 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amend25 ed: Provided, That of the funds appropriated under title 

mstockstill on DSK4VPTVN1PROD with BILLS

1148 

•HR 3671 IH

1 III of this Act, not less than $575,000,000 should be made 

2 available for family planning/reproductive health, includ3 ing in areas where population growth threatens biodiver4 sity or endangered species. 

5 (b) GLOBAL HEALTH MANAGEMENT.— 

6 (1) Not later than 180 days after enactment of 

7 this Act, the Secretary of State, in consultation with 

8 the Administrator of the United States Agency for 

9 International Development (USAID), shall submit to 

10 the Committees on Appropriations an analysis of 

11 short and long-term costs, to include potential cost 

12 savings or increases, associated with transitioning 

13 the function, role, and duties of the Office of the 

14 United States Global AIDS Coordinator into 

15 USAID: Provided, That such report shall also assess 

16 any programmatic advantages and disadvantages, in17 cluding the ability to achieve results, of making such 

18 a transition. 

19 (2)(A) Not later than 45 days after enactment 

20 of this Act, the Secretary of State, in consultation 

21 with the Administrator of the United States Agency 

22 for International Development (USAID), shall sub23 mit to the Committees on Appropriations a report 

24 on the status of the Quadrennial Diplomacy and De25 velopment Review (QDDR) decision to transition the 

mstockstill on DSK4VPTVN1PROD with BILLS

1149 

•HR 3671 IH

1 leadership of the Global Health Initiative (GHI) to 

2 USAID, to include the following— 

3 (i) the metrics developed to measure 

4 progress in meeting each benchmark enumer5 ated in Appendix 2 of the QDDR and the meth6 od utilized to develop such metrics; and 

7 (ii) the status of, and estimated completion 

8 date for, meeting each benchmark. 

9 (B) Within 90 days of submitting the initial re10 port required by subparagraph (A), and each 90 

11 days thereafter until the GHI transition is com12 pleted, an update shall be provided to the Commit13 tees on Appropriations on the status of meeting each 

14 benchmark: Provided, That if as part of any such 

15 update it is determined that the QDDR target date 

16 of September 2012 will not be met, the Secretary of 

17 State, in consultation with the USAID Adminis18 trator, shall submit a detailed explanation of the 

19 delay and a revised target date for the transition to 

20 be completed. 

21 (c) GLOBAL FUND REFORMS.— 

22 (1) Of funds appropriated by this Act that are 

23 available for a contribution to the Global Fund to 

24 Fight AIDS, Tuberculosis and Malaria (Global 

25 Fund), 10 percent should be withheld from obligamstockstill on DSK4VPTVN1PROD with BILLS

1150 

•HR 3671 IH

1 tion until the Secretary of State determines and re2 ports to the Committees on Appropriations that— 

3 (A) the Global Fund is maintaining and 

4 implementing a policy of transparency, includ5 ing the authority of the Global Fund Office of 

6 the Inspector General (OIG) to publish OIG re7 ports on a public Web site; 

8 (B) the Global Fund is providing sufficient 

9 resources to maintain an independent OIG 

10 that— 

11 (i) reports directly to the Board of the 

12 Global Fund; 

13 (ii) maintains a mandate to conduct 

14 thorough investigations and programmatic 

15 audits, free from undue interference; and 

16 (iii) compiles regular, publicly pub17 lished audits and investigations of finan18 cial, programmatic, and reporting aspects 

19 of the Global Fund, its grantees, recipi20 ents, sub-recipients, and Local Fund 

21 Agents. 

22 (C) the Global Fund maintains an effective 

23 whistleblower policy to protect whistleblowers 

24 from retaliation, including confidential procemstockstill on DSK4VPTVN1PROD with BILLS

1151 

•HR 3671 IH

1 dures for reporting possible misconduct or 

2 irregularities. 

3 (2) The withholding required by this subsection 

4 shall not be in addition to funds that are withheld 

5 from the Global Fund in fiscal year 2012 pursuant 

6 to the application of any other provision contained 

7 in this or any other Act. 

8 (d) PANDEMIC RESPONSE.—If the President deter9 mines and reports to the Committees on Appropriations 

10 that a pandemic virus is efficient and sustained, severe, 

11 and is spreading internationally, funds made available 

12 under titles III, IV, and VIII in this Act and prior Acts 

13 making appropriations for the Department of State, for14 eign operations, and related programs may be made avail15 able to combat such virus: Provided, That funds made 

16 available pursuant to the authority of this subsection shall 

17 be subject to prior consultation with, and the regular noti18 fication procedures of, the Committees on Appropriations. 

19 PROHIBITION ON PROMOTION OF TOBACCO

20 SEC. 7059. None of the funds provided by this Act 

21 shall be available to promote the sale or export of tobacco 

22 or tobacco products, or to seek the reduction or removal 

23 by any foreign country of restrictions on the marketing 

24 of tobacco or tobacco products, except for restrictions 

mstockstill on DSK4VPTVN1PROD with BILLS

1152 

•HR 3671 IH

1 which are not applied equally to all tobacco or tobacco 

2 products of the same type. 

3 PROGRAMS TO PROMOTE GENDER EQUALITY

4 SEC. 7060. (a) Programs funded under title III of 

5 this Act shall include, where appropriate, efforts to im6 prove the status of women, including through gender con7 siderations in the planning, assessment, implementation, 

8 monitoring and evaluation of such programs. 

9 (b) Funds appropriated under title III of this Act 

10 shall be made available to support programs to expand 

11 economic opportunities for poor women in developing 

12 countries, including increasing the number and capacity 

13 of women-owned enterprises, improving property rights for 

14 women, increasing women’s access to financial services 

15 and capital, enhancing the role of women in economic deci16 sionmaking at the local, national and international levels, 

17 and improving women’s ability to participate in the global 

18 economy. 

19 (c) Funds appropriated under title III of this Act 

20 shall be made available to increase political opportunities 

21 for women, including strengthening protections for wom22 en’s personal status, increasing women’s participation in 

23 elections, and enhancing women’s positions in government 

24 and role in government decisionmaking. 

mstockstill on DSK4VPTVN1PROD with BILLS

1153 

•HR 3671 IH

1 (d) Funds appropriated under in title III of this Act 

2 for food security and agricultural development shall take 

3 into consideration the unique needs of women, and tech4 nical assistance for women farmers should be a priority. 

5 (e) The Secretary of State, in consultation with the 

6 heads of other relevant Federal agencies, shall develop a 

7 National Action Plan in accordance with United Nations 

8 Security Council Resolution 1325 (adopted on October 31, 

9 2000) to ensure the United States effectively promotes 

10 and supports the rights and roles of women in conflict11 affected and post-conflict regions through clear, measur12 able commitments to— 

13 (1) promote the active and meaningful partici14 pation of women in affected areas in all aspects of 

15 conflict prevention, management, and resolution; 

16 (2) integrate the perspectives and interests of 

17 affected women into conflict-prevention activities and 

18 strategies; 

19 (3) promote the physical safety, economic secu20 rity, and dignity of women and girls; 

21 (4) support women’s equal access to aid dis22 tribution mechanisms and services; and 

23 (5) monitor, analyze and evaluate implementa24 tion efforts and their impact. 

mstockstill on DSK4VPTVN1PROD with BILLS

1154 

•HR 3671 IH

1 (f) The Department of State and the United States 

2 Agency for International Development shall fully integrate 

3 gender into all diplomatic and development efforts through 

4 the inclusion of gender in strategic planning and budget 

5 allocations, and the development of indicators and evalua6 tion mechanisms to measure the impact of United States 

7 policies and programs on women and girls in foreign coun8 tries. 

9 GENDER-BASED VIOLENCE

10 SEC. 7061. (a) Funds appropriated under the head11 ings ‘‘Global Health Programs’’, ‘‘Development Assist12 ance’’, ‘‘Economic Support Fund’’, and ‘‘International 

13 Narcotics Control and Law Enforcement’’ in this Act shall 

14 be made available for gender-based violence prevention 

15 and response efforts, and funds appropriated under the 

16 headings ‘‘International Disaster Assistance’’, ‘‘Complex 

17 Crises Fund’’, and ‘‘Migration and Refugee Assistance’’ 

18 should be made available for such efforts. 

19 (b) Programs and activities funded under titles III 

20 and IV of this Act to train foreign police, judicial, and 

21 military personnel, including for international peace22 keeping operations, shall address, where appropriate, pre23 vention and response to gender-based violence and traf24 ficking in persons. 

mstockstill on DSK4VPTVN1PROD with BILLS

1155 

•HR 3671 IH

1 SECTOR ALLOCATIONS

2 SEC. 7062. (a) BASIC AND HIGHER EDUCATION.— 

3 (1) BASIC EDUCATION.— 

4 (A) Of the funds appropriated by title III 

5 of this Act, not less than $800,000,000 shall be 

6 made available for assistance for basic edu7 cation, of which not less than $288,000,000 

8 should be made available under the heading 

9 ‘‘Development Assistance’’. 

10 (B) The United States Agency for Inter11 national Development shall ensure that pro12 grams supported with funds appropriated for 

13 basic education in this Act and prior Acts mak14 ing appropriations for the Department of State, 

15 foreign operations, and related programs are in16 tegrated, when appropriate, with health, agri17 culture, governance, and economic development 

18 activities to address the economic and social 

19 needs of the broader community. 

20 (C) Funds appropriated by title III of this 

21 Act for basic education may be made available 

22 for a contribution to the Global Partnership for 

23 Education. 

24 (2) HIGHER EDUCATION.—Of the funds appro25 priated by title III of this Act, not less than 

mstockstill on DSK4VPTVN1PROD with BILLS

1156 

•HR 3671 IH

1 $200,000,000 shall be made available for assistance 

2 for higher education, of which $25,000,000 shall be 

3 to support such programs in Africa, including for 

4 partnerships between higher education institutions 

5 in Africa and the United States. 

6 (b) DEVELOPMENT GRANTS PROGRAM.—Of the 

7 funds appropriated in title III of this Act, not less than 

8 $45,000,000 shall be made available for the Development 

9 Grants Program established pursuant to section 674 of 

10 the Department of State, Foreign Operations, and Related 

11 Programs Appropriations Act, 2008 (division J of Public 

12 Law 110–161), primarily for unsolicited proposals, to sup13 port grants of not more than $2,000,000 to small non14 governmental organizations: Provided, That funds made 

15 available under this subsection are in addition to other 

16 funds available for such purposes including funds des17 ignated by this Act by subsection (f). 

18 (c) ENVIRONMENT PROGRAMS.— 

19 (1) IN GENERAL.—Of the funds appropriated 

20 by this Act, not less than $1,250,000,000 should be 

21 made available for programs and activities to protect 

22 the environment. 

23 (2) CLEAN ENERGY PROGRAMS.—The limitation 

24 in section 7081(b) of division F of Public Law 111– 

25 117 shall continue in effect during fiscal year 2012 

mstockstill on DSK4VPTVN1PROD with BILLS

1157 

•HR 3671 IH

1 as if part of this Act: Provided, That the proviso 

2 contained in such section shall not apply. 

3 (3) ADAPTATION PROGRAMS.—Funds appro4 priated by this Act may be made available for 

5 United States contributions to the Least Developed 

6 Countries Fund and the Special Climate Change 

7 Fund to support adaptation programs and activities. 

8 (4) TROPICAL FOREST PROGRAMS.—Funds ap9 propriated under title III of this Act for tropical for10 est programs shall be used to protect biodiversity, 

11 and shall not be used to support or promote the ex12 pansion of industrial scale logging into primary trop13 ical forests: Provided, That funds that are available 

14 for the Central African Regional Program for the 

15 Environment and other tropical forest programs in 

16 the Congo Basin for the United States Fish and 

17 Wildlife Service (USFWS) shall be apportioned di18 rectly to the USFWS: Provided further, That funds 

19 made available for the Department of the Interior 

20 (DOI) for programs in the Guatemala Mayan Bio21 sphere Reserve shall be apportioned directly to the 

22 DOI. 

23 (5) AUTHORITY.—Funds appropriated by this 

24 Act to carry out the provisions of sections 103 

25 through 106, and chapter 4 of part II, of the Formstockstill on DSK4VPTVN1PROD with BILLS

1158 

•HR 3671 IH

1 eign Assistance Act of 1961 may be used, notwith2 standing any other provision of law except for the 

3 provisions of this section and subject to the regular 

4 notification procedures of the Committees on Appro5 priations, to support environment programs. 

6 (6) CONSULTATION.—Funds made available 

7 pursuant to this subsection are subject to prior con8 sultation with, and the regular notification proce9 dures of, the Committees on Appropriations. 

10 (7) EXTRACTION OF NATURAL RESOURCES.— 

11 (A) Funds appropriated by this Act shall 

12 be made available to promote and support 

13 transparency and accountability of expenditures 

14 and revenues related to the extraction of nat15 ural resources, including by strengthening im16 plementation and monitoring of the Extractive 

17 Industries Transparency Initiative, imple18 menting and enforcing section 8204 of Public 

19 Law 110–246 and the Kimberley Process Cer20 tification Scheme, and providing technical as21 sistance to promote independent audit mecha22 nisms and support civil society participation in 

23 natural resource management. 

24 (B)(i) The Secretary of the Treasury shall 

25 inform the managements of the international fimstockstill on DSK4VPTVN1PROD with BILLS

1159 

•HR 3671 IH

1 nancial institutions and post on the Department 

2 of the Treasury’s Web site that it is the policy 

3 of the United States to vote against any assist4 ance by such institutions (including but not lim5 ited to any loan, credit, grant, or guarantee) for 

6 the extraction and export of a natural resource 

7 if the government of the country has in place 

8 laws or regulations to prevent or limit the pub9 lic disclosure of company payments as required 

10 by section 1504 of Public Law 111–203, and 

11 unless such government has in place func12 tioning systems in the sector in which assist13 ance is being considered for: 

14 (I) accurately accounting for and pub15 lic disclosure of payments to the host gov16 ernment by companies involved in the ex17 traction and export of natural resources; 

18 (II) the independent auditing of ac19 counts receiving such payments and public 

20 disclosure of the findings of such audits; 

21 and 

22 (III) public disclosure of such docu23 ments as Host Government Agreements, 

24 Concession Agreements, and bidding docu25 ments, allowing in any such dissemination 

mstockstill on DSK4VPTVN1PROD with BILLS

1160 

•HR 3671 IH

1 or disclosure for the redaction of, or excep2 tions for, information that is commercially 

3 proprietary or that would create competi4 tive disadvantage. 

5 (ii) The requirements of subparagraph (i) 

6 shall not apply to assistance for the purpose of 

7 building the capacity of such government to 

8 meet the requirements of this paragraph. 

9 (C) The Secretary of the Treasury or the 

10 Secretary of State, as appropriate, shall in11 struct the United States executive director of 

12 each international financial institution and the 

13 United States representatives to all forest-re14 lated multilateral financing mechanisms and 

15 processes, that it is the policy of the United 

16 States to vote against the expansion of indus17 trial scale logging into primary tropical forests. 

18 (8) CONTINUATION OF PRIOR LAW.—Section 

19 7081(g)(2) and (4) of division F of Public Law 111– 

20 117 shall continue in effect during fiscal year 2012 

21 as if part of this Act. 

22 (d) FOOD SECURITY AND AGRICULTURE DEVELOP23 MENT.—Of the funds appropriated by title III of this Act, 

24 $1,170,000,000 should be made available for food security 

25 and agriculture development programs, of which 

mstockstill on DSK4VPTVN1PROD with BILLS

1161 

•HR 3671 IH

1 $31,500,000 shall be made available for Collaborative Re2 search Support Programs: Provided, That such funds may 

3 be made available notwithstanding any other provision of 

4 law to address food shortages, and may be made available 

5 for a United States contribution to the endowment of the 

6 Global Crop Diversity Trust pursuant to section 3202 of 

7 Public Law 110–246. 

8 (e) MICROENTERPRISE AND MICROFINANCE.—Of the 

9 funds appropriated by this Act, not less than 

10 $265,000,000 should be made available for microenter11 prise and microfinance development programs for the 

12 poor, especially women. 

13 (f) RECONCILIATION PROGRAMS.—(1) Of the funds 

14 appropriated by title III of this Act under the headings 

15 ‘‘Economic Support Fund’’ and ‘‘Development Assist16 ance’’, $26,000,000 shall be made available to support 

17 people-to-people reconciliation programs which bring to18 gether individuals of different ethnic, religious and polit19 ical backgrounds from areas of civil strife and war, of 

20 which $10,000,000 shall be made available for such pro21 grams in the Middle East: Provided, That the Adminis22 trator of the United States Agency for International De23 velopment shall consult with the Committees on Appro24 priations, prior to the initial obligation of funds, on the 

25 uses of such funds. 

mstockstill on DSK4VPTVN1PROD with BILLS

1162 

•HR 3671 IH

1 (2) Of the funds appropriated by title III of this Act 

2 under the headings ‘‘Economic Support Fund’’ and ‘‘De3 velopment Assistance’’, $10,000,000 should be made avail4 able for a ‘‘New Generation in the Middle East’’ initiative 

5 to build understanding, tolerance, and mutual respect 

6 among the next generation of Israeli and Palestinian lead7 ers. 

8 (g) TRAFFICKING IN PERSONS.—Of the funds appro9 priated by this Act under the headings ‘‘Development As10 sistance’’, ‘‘Economic Support Fund’’, ‘‘International 

11 Narcotics Control and Law Enforcement’’, and ‘‘Assist12 ance for Europe, Eurasia and Central Asia’’ not less than 

13 $36,000,000 shall be made available for activities to com14 bat trafficking in persons internationally. 

15 (h) WATER.—Of the funds appropriated by this Act, 

16 not less than $315,000,000 shall be made available for 

17 water and sanitation supply projects pursuant to the Sen18 ator Paul Simon Water for the Poor Act of 2005 (Public 

19 Law 109–121). 

20 (i) WOMEN’S LEADERSHIP CAPACITY.—Of the funds 

21 appropriated by title III of this Act, not less than 

22 $20,000,000 shall be made available for programs to im23 prove women’s leadership capacity in recipient countries. 

24 (j) NOTIFICATION REQUIREMENTS.—Authorized de25 viations from funding levels contained in this section shall 

mstockstill on DSK4VPTVN1PROD with BILLS

1163 

•HR 3671 IH

1 be subject to the regular notification procedures of the 

2 Committees on Appropriations. 

3 CENTRAL ASIA

4 SEC. 7063. The terms and conditions of sections 

5 7075(a) through (d) and 7076(a) through (e) of the De6 partment of State, Foreign Operations, and Related Pro7 grams Appropriations Act, 2009 (division H of Public Law 

8 111–8) shall apply to funds appropriated by this Act, ex9 cept that the Secretary of State may waive the application 

10 of section 7076(a) for a period of not more than 6 months 

11 and every 6 months thereafter until September 30, 2013, 

12 if the Secretary certifies to the Committees on Appropria13 tions that the waiver is in the national security interest 

14 and necessary to obtain access to and from Afghanistan 

15 for the United States, and the waiver includes an assess16 ment of progress, if any, by the Government of Uzbekistan 

17 in meeting the requirements in section 7076(a): Provided, 

18 That the Secretary of State, in consultation with the Sec19 retary of Defense, shall submit a report to the Committees 

20 on Appropriations not later than 180 days after enactment 

21 of this Act and 12 months thereafter, on all United States 

22 Government assistance provided to the Government of Uz23 bekistan and expenditures made in support of the North24 ern Distribution Network in Uzbekistan, including any 

25 credible information that such assistance or expenditures 

mstockstill on DSK4VPTVN1PROD with BILLS

1164 

•HR 3671 IH

1 are being diverted for corrupt purposes: Provided further, 

2 That information provided in the report required by the 

3 previous proviso may be provided in a classified annex and 

4 such annex shall indicate the basis for such classification: 

5 Provided further, That for the purposes of the application 

6 of section 7075(c) to this Act, the report shall be sub7 mitted not later than October 1, 2012 and for the pur8 poses of the application of section 7076(e) to this Act, the 

9 term ‘‘assistance’’ shall not include expanded international 

10 military education and training. 

11 REQUESTS FOR DOCUMENTS

12 SEC. 7064. None of the funds appropriated or made 

13 available pursuant to titles III through VI of this Act shall 

14 be available to a nongovernmental organization, including 

15 any contractor, which fails to provide upon timely request 

16 any document, file, or record necessary to the auditing re17 quirements of the United States Agency for International 

18 Development. 

19 OVERSEAS PRIVATE INVESTMENT CORPORATION

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 7065. (a) Whenever the President determines 

22 that it is in furtherance of the purposes of the Foreign 

23 Assistance Act of 1961, up to a total of $20,000,000 of 

24 the funds appropriated under title III of this Act may be 

25 transferred to, and merged with, funds appropriated by 

mstockstill on DSK4VPTVN1PROD with BILLS

1165 

•HR 3671 IH

1 this Act for the Overseas Private Investment Corporation 

2 Program Account, to be subject to the terms and condi3 tions of that account: Provided, That such funds shall not 

4 be available for administrative expenses of the Overseas 

5 Private Investment Corporation: Provided further, That 

6 designated funding levels in this Act shall not be trans7 ferred pursuant to this section: Provided further, That the 

8 exercise of such authority shall be subject to the regular 

9 notification procedures of the Committees on Appropria10 tions. 

11 (b) Notwithstanding section 235(a)(2) of the Foreign 

12 Assistance Act of 1961, the authority of subsections (a) 

13 through (c) of section 234 of such Act shall remain in 

14 effect until September 30, 2012. 

15 INTERNATIONAL PRISON CONDITIONS

16 SEC. 7066. (a) Not later than 180 days after enact17 ment of this Act, the Secretary of State shall submit to 

18 the Committees on Appropriations a report, which shall 

19 also be made publicly available including on the Depart20 ment of State’s Web site, describing— 

21 (1) conditions in prisons and other detention fa22 cilities in at least 25 countries whose governments 

23 receive United States assistance and which the Sec24 retary determines raise serious human rights or hu25 manitarian concerns; and 

mstockstill on DSK4VPTVN1PROD with BILLS

1166 

•HR 3671 IH

1 (2) the extent to which such governments are 

2 taking steps to eliminate such conditions. 

3 (b) For purposes of each determination made pursu4 ant to subsection (a), the Secretary shall consider the cri5 teria listed in section 7085(b)(1) through (10) of division 

6 F of Public Law 111–117. 

7 (c) Funds appropriated by this Act to carry out the 

8 provisions of chapters 1 and 11 of part I and chapter 4 

9 of part II of the Foreign Assistance Act of 1961, and the 

10 Support for East European Democracy (SEED) Act of 

11 1989, shall be made available, notwithstanding section 

12 660 of the Foreign Assistance Act of 1961, for assistance 

13 to eliminate inhumane conditions in foreign prisons and 

14 other detention facilities. 

15 PROHIBITION ON USE OF TORTURE

16 SEC. 7067. (a) None of the funds made available in 

17 this Act may be used to support or justify the use of tor18 ture, cruel or inhumane treatment by any official or con19 tract employee of the United States Government. 

20 (b) Funds appropriated by this Act to carry out the 

21 provisions of chapters 1, 10, 11, and 12 of part I and 

22 chapter 4 of part II of the Foreign Assistance Act of 1961, 

23 and the Support for East European Democracy (SEED) 

24 Act of 1989, shall be made available, notwithstanding sec25 tion 660 of the Foreign Assistance Act of 1961, for assistmstockstill on DSK4VPTVN1PROD with BILLS

1167 

•HR 3671 IH

1 ance to eliminate torture by foreign police, military or 

2 other security forces in countries receiving assistance from 

3 funds appropriated by this Act that are identified in the 

4 Department of State’s most recent Country Reports on 

5 Human Rights Practices. 

6 EXTRADITION

7 SEC. 7068. (a) None of the funds appropriated in this 

8 Act may be used to provide assistance (other than funds 

9 provided under the headings ‘‘International Narcotics 

10 Control and Law Enforcement’’, ‘‘Migration and Refugee 

11 Assistance’’, ‘‘Emergency Migration and Refugee Assist12 ance’’, and ‘‘Nonproliferation, Anti-terrorism, Demining 

13 and Related Assistance’’) for the central government of 

14 a country which has notified the Department of State of 

15 its refusal to extradite to the United States any individual 

16 indicted for a criminal offense for which the maximum 

17 penalty is life imprisonment without the possibility of pa18 role or for killing a law enforcement officer, as specified 

19 in a United States extradition request. 

20 (b) Subsection (a) shall only apply to the central gov21 ernment of a country with which the United States main22 tains diplomatic relations and with which the United 

23 States has an extradition treaty and the government of 

24 that country is in violation of the terms and conditions 

25 of the treaty. 

mstockstill on DSK4VPTVN1PROD with BILLS

1168 

•HR 3671 IH

1 (c) The Secretary of State may waive the restriction 

2 in subsection (a) on a case-by-case basis if the Secretary 

3 certifies to the Committees on Appropriations that such 

4 waiver is important to the national interests of the United 

5 States. 

6 COMMERCIAL LEASING OF DEFENSE ARTICLES

7 SEC. 7069. Notwithstanding any other provision of 

8 law, and subject to the regular notification procedures of 

9 the Committees on Appropriations, the authority of sec10 tion 23(a) of the Arms Export Control Act may be used 

11 to provide financing to Israel, Egypt and NATO and 

12 major non-NATO allies for the procurement by leasing 

13 (including leasing with an option to purchase) of defense 

14 articles from United States commercial suppliers, not in15 cluding Major Defense Equipment (other than helicopters 

16 and other types of aircraft having possible civilian applica17 tion), if the President determines that there are compel18 ling foreign policy or national security reasons for those 

19 defense articles being provided by commercial lease rather 

20 than by government-to-government sale under such Act. 

21 INDEPENDENT STATES OF THE FORMER SOVIET UNION

22 SEC. 7070. (a) None of the funds appropriated under 

23 the heading ‘‘Assistance for Europe, Eurasia and Central 

24 Asia’’ shall be made available for assistance for a govern25 ment of an Independent State of the former Soviet Union 

mstockstill on DSK4VPTVN1PROD with BILLS

1169 

•HR 3671 IH

1 if that government directs any action in violation of the 

2 territorial integrity or national sovereignty of any other 

3 Independent State of the former Soviet Union, such as 

4 those violations included in the Helsinki Final Act: Pro5 vided, That such funds may be made available without re6 gard to the restriction in this subsection if the President 

7 determines that to do so is in the national security interest 

8 of the United States. 

9 (b)(1) Of the funds appropriated under the heading 

10 ‘‘Assistance for Europe, Eurasia and Central Asia’’ that 

11 are allocated for assistance for the Government of the 

12 Russian Federation, 60 percent shall be withheld from ob13 ligation until the President determines and certifies in 

14 writing to the Committees on Appropriations that the Gov15 ernment of the Russian Federation— 

16 (A) has terminated implementation of arrange17 ments to provide Iran with technical expertise, train18 ing, technology, or equipment necessary to develop a 

19 nuclear reactor, related nuclear research facilities or 

20 programs, or ballistic missile capability; and 

21 (B) is providing full access to international non22 government organizations providing humanitarian 

23 relief to refugees and internally displaced persons in 

24 Chechnya. 

25 (2) Paragraph (1) shall not apply to— 

mstockstill on DSK4VPTVN1PROD with BILLS

1170 

•HR 3671 IH

1 (A) assistance to combat infectious diseases, 

2 child survival activities, or assistance for victims of 

3 trafficking in persons; and 

4 (B) activities authorized under title V (Non5 proliferation and Disarmament Programs and Ac6 tivities) of the FREEDOM Support Act. 

7 (c) Section 907 of the FREEDOM Support Act shall 

8 not apply to— 

9 (1) activities to support democracy or assist10 ance under title V of the FREEDOM Support Act 

11 and section 1424 of Public Law 104–201 or non12 proliferation assistance; 

13 (2) any assistance provided by the Trade and 

14 Development Agency under section 661 of the For15 eign Assistance Act of 1961 (22 U.S.C. 2421); 

16 (3) any activity carried out by a member of the 

17 United States and Foreign Commercial Service while 

18 acting within his or her official capacity; 

19 (4) any insurance, reinsurance, guarantee or 

20 other assistance provided by the Overseas Private 

21 Investment Corporation under title IV of chapter 2 

22 of part I of the Foreign Assistance Act of 1961 (22 

23 U.S.C. 2191 et seq.); 

24 (5) any financing provided under the Export25 Import Bank Act of 1945; or 

mstockstill on DSK4VPTVN1PROD with BILLS

1171 

•HR 3671 IH

1 (6) humanitarian assistance. 

2 INTERNATIONAL MONETARY FUND

3 SEC. 7071. (a) The terms and conditions of sections 

4 7086(b)(1) and (2) and 7090(a) of division F of Public 

5 Law 111–117 shall apply to this Act. 

6 (b) The Secretary of the Treasury shall instruct the 

7 United States Executive Director of the International 

8 Monetary Fund (IMF) to seek to ensure that any loan 

9 will be repaid to the IMF before other private creditors. 

10 (c) The Secretary of the Treasury shall seek to ensure 

11 that the IMF is implementing best practices for the pro12 tection of whistleblowers from retaliation, including best 

13 practices for legal burdens of proof, access to independent 

14 adjudicative bodies, results that eliminate the effects of 

15 retaliation, and statutes of limitation for reporting retalia16 tion. 

17 REPRESSION IN THE RUSSIAN FEDERATION

18 SEC. 7072. (a) None of the funds appropriated under 

19 the heading ‘‘Assistance for Europe, Eurasia and Central 

20 Asia’’ in this Act may be made available for the Govern21 ment of the Russian Federation, after 180 days from the 

22 date of the enactment of this Act, unless the Secretary 

23 of State certifies to the Committees on Appropriations 

24 that the Government of the Russian Federation: 

mstockstill on DSK4VPTVN1PROD with BILLS

1172 

•HR 3671 IH

1 (1) has implemented no statute, Executive 

2 order, regulation or similar government action that 

3 would discriminate, or which has as its principal ef4 fect discrimination, against religious groups or reli5 gious communities in the Russian Federation in vio6 lation of accepted international agreements on 

7 human rights and religious freedoms to which the 

8 Russian Federation is a party; 

9 (2) is honoring its international obligations re10 garding freedom of expression, assembly, and press, 

11 as well as due process; 

12 (3) is investigating and prosecuting law enforce13 ment personnel credibly alleged to have committed 

14 human rights abuses against political leaders, activ15 ists and journalists; and 

16 (4) is immediately releasing political leaders, 

17 activists and journalists who remain in detention. 

18 (b) The Secretary of State may waive the require19 ments of subsection (a) if the Secretary determines that 

20 to do so is important to the national interests of the 

21 United States. 

22 PROHIBITION ON FIRST-CLASS TRAVEL

23 SEC. 7073. None of the funds made available in this 

24 Act may be used for first-class travel by employees of 

25 agencies funded by this Act in contravention of sections 

mstockstill on DSK4VPTVN1PROD with BILLS

1173 

•HR 3671 IH

1 301–10.122 through 301–10.124 of title 41, Code of Fed2 eral Regulations. 

3 DISABILITY PROGRAMS

4 SEC. 7074. Funds appropriated by this Act under the 

5 heading ‘‘Economic Support Fund’’ shall be made avail6 able for programs and activities administered by the 

7 United States Agency for International Development to 

8 address the needs and protect and promote the rights of 

9 people with disabilities in developing countries, including 

10 initiatives that focus on independent living, economic self11 sufficiency, advocacy, education, employment, transpor12 tation, sports, and integration of individuals with disabil13 ities, including for the cost of translation, and shall also 

14 be made available to support disability advocacy organiza15 tions to provide training and technical assistance for dis16 abled persons organizations in such countries: Provided, 

17 That of the funds made available by this section, up to 

18 7 percent may be for management, oversight, and tech19 nical support. 

20 ENTERPRISE FUNDS

21 SEC. 7075. (a) Prior to the distribution of any assets 

22 resulting from any liquidation, dissolution, or winding up 

23 of an Enterprise Fund, in whole or in part, the President 

24 shall submit to the Committees on Appropriations, in ac25 cordance with the regular notification procedures of the 

mstockstill on DSK4VPTVN1PROD with BILLS

1174 

•HR 3671 IH

1 Committees on Appropriations, a plan for the distribution 

2 of the assets of the Enterprise Fund. 

3 (b) Funds made available under titles III through VI 

4 of this Act for Enterprise Funds shall be expended at the 

5 minimum rate necessary to make timely payment for 

6 projects and activities and no such funds may be available 

7 except through the regular notification procedures of the 

8 Committees on Appropriations. 

9 CONSULAR AFFAIRS

10 SEC. 7076. (a) The Secretary of State shall imple11 ment the necessary steps, including hiring a sufficient 

12 number of consular officers to include limited non-career 

13 appointment officers, in the People’s Republic of China, 

14 Brazil, and India to reduce the wait time to interview visa 

15 applicants who have submitted applications. 

16 (b) The Secretary of State shall conduct a risk and 

17 benefit analysis regarding the extension of the expiration 

18 period for B–1 or B–2 visas for visa applicants before re19 quiring a consular officer interview and, unless such anal20 ysis finds that risks outweigh benefits, develop a plan to 

21 extend such expiration period in a manner consistent with 

22 maintaining security controls. 

23 (c) The Secretary of State may develop and conduct 

24 a pilot program for the processing of B–1 and B–2 visas 

25 using secure remote videoconferencing technology as a 

mstockstill on DSK4VPTVN1PROD with BILLS

1175 

•HR 3671 IH

1 method for conducting visa interviews of applicants: Pro2 vided, That any such pilot should be developed in consulta3 tion with other Federal agencies that use such secure com4 munications to help ensure security of the 

5 videoconferencing transmission and encryption: Provided 

6 further, That no pilot program should be conducted if the 

7 Secretary determines and reports to the Committees on 

8 Appropriations that such program poses an undue security 

9 risk and that it cannot be conducted in a manner con10 sistent with maintaining security controls. 

11 PROCUREMENT REFORM

12 SEC. 7077. (a) LOCAL COMPETITION.—Notwith13 standing any other provision of law, the Administrator of 

14 the United States Agency for International Development 

15 (USAID) may, with funds made available in this Act and 

16 prior Acts making appropriations for the Department of 

17 State, foreign operations, and related programs, award 

18 contracts and other acquisition instruments in which com19 petition is limited to local entities if doing so would result 

20 in cost savings, develop local capacity, or enable the 

21 USAID Administrator to initiate a program or activity in 

22 appreciably less time than if competition were not so lim23 ited: Provided, That the authority provided in this section 

24 may not be used to make awards in excess of $5,000,000 

25 and shall not exceed more than 10 percent of the funds 

mstockstill on DSK4VPTVN1PROD with BILLS

1176 

•HR 3671 IH

1 made available to USAID under this Act for assistance 

2 programs: Provided further, That such authority shall be 

3 available to support a pilot program with such funds: Pro4 vided further, That the USAID Administrator shall con5 sult with the Committees on Appropriations and relevant 

6 congressional committees on the results of such pilot pro7 gram. 

8 (b) For the purposes of this section, local entity 

9 means an individual, a corporation, a nonprofit organiza10 tion, or another body of persons that— 

11 (1) is legally organized under the laws of; 

12 (2) has as its principal place of business or op13 erations in; and 

14 (3) either is— 

15 (A) majority owned by individuals who are 

16 citizens or lawful permanent residents of; or 

17 (B) managed by a governing body the ma18 jority of whom are citizens or lawful permanent 

19 residents of; 

20 a country receiving assistance from funds appro21 priated under title III of this Act. 

22 (c) For purposes of this section, ‘‘majority owned’’ 

23 and ‘‘managed by’’ include, without limitation, beneficiary 

24 interests and the power, either directly or indirectly, 

25 whether exercised or exercisable, to control the election, 

mstockstill on DSK4VPTVN1PROD with BILLS

1177 

•HR 3671 IH

1 appointment, or tenure of the organization’s managers or 

2 a majority of the organization’s governing body by any 

3 means. 

4 OPERATING AND SPEND PLANS

5 SEC. 7078. (a) OPERATING PLANS.—Not later than 

6 30 days after the date of enactment of this Act, each de7 partment, agency or organization funded in titles I and 

8 II, and the Department of the Treasury and Independent 

9 Agencies funded in title III of this Act shall submit to 

10 the Committees on Appropriations an operating plan for 

11 funds appropriated to such department, agency, or organi12 zation in such titles of this Act, or funds otherwise avail13 able for obligation in fiscal year 2012, that provides de14 tails of the use of such funds at the program, project, and 

15 activity level. 

16 (b) SPEND PLANS.—Prior to the initial obligation of 

17 funds, the Secretary of State, in consultation with the Ad18 ministrator of the United States Agency for International 

19 Development, shall submit to the Committees on Appro20 priations a detailed spend plan for the following— 

21 (1) funds appropriated under the heading ‘‘De22 mocracy Fund’’; 

23 (2) funds made available in titles III and IV of 

24 this Act for assistance for Iraq, Haiti, Colombia, 

25 and Mexico, for the Caribbean Basin Security Initiamstockstill on DSK4VPTVN1PROD with BILLS

1178 

•HR 3671 IH

1 tive, and for the Central American Regional Security 

2 Initiative; 

3 (3) funds made available for assistance for 

4 countries or programs and activities referenced in— 

5 (A) section 7040; 

6 (B) section 7041(a), (e), (f), and (i); 

7 (C) section 7043(b); 

8 (D) section 7046(a) and (c); and 

9 (4) funds appropriated in title III for food secu10 rity and agriculture development programs and for 

11 environment programs. 

12 (c) NOTIFICATIONS.—The spend plans referenced in 

13 subsection (b) shall not be considered as meeting the noti14 fication requirements under section 7015 of this Act or 

15 under section 634A of the Foreign Assistance Act of 1961. 

16 RESCISSIONS

17 SEC. 7079. (a) Of the funds appropriated in prior 

18 Acts making appropriations for the Department of State, 

19 foreign operations, and related programs under the head20 ing ‘‘Diplomatic and Consular Programs’’, $13,700,000 

21 are rescinded, of which $8,000,000 shall be from funds 

22 for Worldwide Security Protection: Provided, That no 

23 amounts may be rescinded from amounts that were des24 ignated by Congress as an emergency requirement pursumstockstill on DSK4VPTVN1PROD with BILLS

1179 

•HR 3671 IH

1 ant to a concurrent resolution on the budget or the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 

3 (b) Of the unexpended balances available under the 

4 heading ‘‘Export and Investment Assistance, Export-Im5 port Bank of the United States, Subsidy Appropriation’’ 

6 from prior Acts making appropriations for the Depart7 ment of State, foreign operations, and related programs, 

8 $400,000,000 are rescinded. 

9 (c) Of the unexpended balances available to the Presi10 dent for bilateral economic assistance under the heading 

11 ‘‘Economic Support Fund’’ from prior Acts making appro12 priations for the Department of State, foreign operations, 

13 and related programs, $100,000,000 are rescinded: Pro14 vided, That no amounts may be rescinded from amounts 

15 that were designated by Congress as an emergency re16 quirement pursuant to a concurrent resolution on the 

17 budget or the Balanced Budget and Emergency Deficit 

18 Control Act of 1985. 

19 (d) The Secretary of State, as appropriate, shall con20 sult with the Committees on Appropriations at least 15 

21 days prior to implementing the rescissions made in this 

22 section. 

mstockstill on DSK4VPTVN1PROD with BILLS

1180 

•HR 3671 IH

1 SPECIAL DEFENSE ACQUISITION FUND

2 (INCLUDING LIMITATION ON OBLIGATIONS)

3 SEC. 7080. (a) TRANSFER.—Of the funds made 

4 available pursuant to the last proviso in the second para5 graph under the heading ‘‘Foreign Military Financing 

6 Program’’ in this Act, up to $100,000,000 of such funds 

7 may be transferred to the Special Defense Acquisition 

8 Fund pursuant to section 51 of the Arms Export Control 

9 Act. 

10 (b) LIMITATION ON OBLIGATIONS.—Not to exceed 

11 $100,000,000 may be obligated pursuant to section 

12 51(c)(2) of the Arms Export Control Act for the purposes 

13 of the Special Defense Acquisition Fund (Fund), to re14 main available for obligation until September 30, 2015: 

15 Provided, That the provision of defense articles and de16 fense services to foreign countries or international organi17 zations from the Fund shall be subject to the concurrence 

18 of the Secretary of State. 

19 AUTHORITY FOR CAPITAL INCREASES

20 SEC. 7081. (a) INTERNATIONAL BANK FOR RECON21 STRUCTION AND DEVELOPMENT.—The Bretton Woods 

22 Agreements Act, as amended (22 U.S.C. 286 et seq.), is 

23 further amended by adding at the end thereof the fol24 lowing new sections: 

mstockstill on DSK4VPTVN1PROD with BILLS

1181 

•HR 3671 IH

1 ‘‘SEC. 69. ACCEPTANCE OF AN AMENDMENT TO THE ARTI2 CLES OF AGREEMENT OF THE BANK TO IN3 CREASE BASIC VOTES. 

4 ‘‘The United States Governor of the Bank may accept 

5 on behalf of the United States the amendment to the Arti6 cles of Agreement of the Bank as proposed in resolution 

7 No. 596, entitled ‘Enhancing Voice and Participation of 

8 Developing and Transition Countries,’ of the Board of 

9 Governors of the Bank that was approved by such Board 

10 on January 30, 2009. 

11 ‘‘SEC. 70. CAPITAL STOCK INCREASES. 

12 ‘‘(a) INCREASES AUTHORIZED.—The United States 

13 Governor of the Bank is authorized— 

14 ‘‘(1)(A) to vote in favor of a resolution to in15 crease the capital stock of the Bank on a selective 

16 basis by 230,374 shares; and 

17 ‘‘(B) to subscribe on behalf of the United 

18 States to 38,459 additional shares of the capital 

19 stock of the Bank, as part of the selective increase 

20 in the capital stock of the Bank, except that any 

21 subscription to such additional shares shall be effec22 tive only to such extent or in such amounts as are 

23 provided in advance in appropriations Acts; 

24 ‘‘(2)(A) to vote in favor of a resolution to in25 crease the capital stock of the Bank on a general 

26 basis by 484,102 shares; and 

mstockstill on DSK4VPTVN1PROD with BILLS

1182 

•HR 3671 IH

1 ‘‘(B) to subscribe on behalf of the United 

2 States to 81,074 additional shares of the capital 

3 stock of the Bank, as part of the general increase 

4 in the capital stock of the Bank, except that any 

5 subscription to such additional shares shall be effec6 tive only to such extent or in such amounts as are 

7 provided in advance in appropriations Acts. 

8 ‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPRO9 PRIATIONS.— 

10 ‘‘(1) In order to pay for the increase in the 

11 United States subscription to the Bank under sub12 section (a)(2)(B), there are authorized to be appro13 priated, without fiscal year limitation, 

14 $9,780,361,991 for payment by the Secretary of the 

15 Treasury. 

16 ‘‘(2) Of the amount authorized to be appro17 priated under paragraph (2)(A)— 

18 ‘‘(A) $586,821,720 shall be for paid in 

19 shares of the Bank; and 

20 ‘‘(B) $9,193,540,271 shall be for callable 

21 shares of the Bank.’’. 

22 (b) INTERNATIONAL FINANCE CORPORATION.—The 

23 International Finance Corporation Act, Public Law 84– 

24 350, as amended (22 U.S.C. 282 et seq.), is further 

mstockstill on DSK4VPTVN1PROD with BILLS

1183 

•HR 3671 IH

1 amended by adding at the end thereof the following new 

2 section: 

3 ‘‘SEC. 17. SELECTIVE CAPITAL INCREASE AND AMENDMENT 

4 OF THE ARTICLES OF AGREEMENT. 

5 ‘‘(a) VOTE AUTHORIZED.—The United States Gov6 ernor of the Corporation is authorized to vote in favor of 

7 a resolution to increase the capital stock of the Corpora8 tion by $130,000,000. 

9 ‘‘(b) AMENDMENT OF THE ARTICLES OF AGREE10 MENT.—The United States Governor of the Corporation 

11 is authorized to agree to and accept an amendment to Ar12 ticle IV, Section 3(a) of the Articles of Agreement of the 

13 Corporation that achieves an increase in basic votes to 

14 5.55 percent of total votes.’’. 

15 (c) INTER-AMERICAN DEVELOPMENT BANK.—The 

16 Inter-American Development Bank Act, Public Law 86– 

17 147, as amended (22 U.S.C. 283 et seq.), is further 

18 amended by adding at the end thereof the following new 

19 section: 

20 ‘‘SEC. 41. NINTH CAPITAL INCREASE. 

21 ‘‘(a) VOTE AUTHORIZED.—The United States Gov22 ernor of the Bank is authorized to vote in favor of a reso23 lution to increase the capital stock of the Bank by 

24 $70,000,000,000 as described in Resolution AG–7/10, 

25 ‘Report on the Ninth General Capital Increase in the remstockstill on DSK4VPTVN1PROD with BILLS

1184 

•HR 3671 IH

1 sources of the Inter-American Development Bank’ as ap2 proved by Governors on July 21, 2010. 

3 ‘‘(b) SUBSCRIPTION AUTHORIZED.— 

4 ‘‘(1) The United States Governor of the Bank 

5 may subscribe on behalf of the United States to 

6 1,741,135 additional shares of the capital stock of 

7 the Bank. 

8 ‘‘(2) Any subscription by the United States to 

9 the capital stock of the Bank shall be effective only 

10 to such extent and in such amounts as are provided 

11 in advance in appropriations Acts. 

12 ‘‘(c) LIMITATIONS ON AUTHORIZATION OF APPRO13 PRIATIONS.— 

14 ‘‘(1) In order to pay for the increase in the 

15 United States subscription to the Bank under sub16 section (b), there are authorized to be appropriated, 

17 without fiscal year limitation, $21,004,064,337 for 

18 payment by the Secretary of the Treasury. 

19 ‘‘(2) Of the amount authorized to be appro20 priated under paragraph (1)— 

21 ‘‘(A) $510,090,175 shall be for paid in 

22 shares of the Bank; and 

23 ‘‘(B) $20,493,974,162 shall be for callable 

24 shares of the Bank.’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

1185 

•HR 3671 IH

1 (d) AFRICAN DEVELOPMENT BANK.—The African 

2 Development Bank Act, Public Law 97–35, as amended 

3 (22 U.S.C. 290i et seq.), is further amended by adding 

4 at the end thereof the following new section: 

5 ‘‘SEC. 1344. SIXTH CAPITAL INCREASE. 

6 ‘‘(a) SUBSCRIPTION AUTHORIZED.— 

7 ‘‘(1) The United States Governor of the Bank 

8 may subscribe on behalf of the United States to 

9 289,391 additional shares of the capital stock of the 

10 Bank. 

11 ‘‘(2) Any subscription by the United States to 

12 the capital stock of the Bank shall be effective only 

13 to such extent and in such amounts as are provided 

14 in advance in appropriations Acts. 

15 ‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPRO16 PRIATIONS.— 

17 ‘‘(1) In order to pay for the increase in the 

18 United States subscription to the Bank under sub19 section (a), there are authorized to be appropriated, 

20 without fiscal year limitation, $4,322,228,221 for 

21 payment by the Secretary of the Treasury. 

22 ‘‘(2) Of the amount authorized to be appro23 priated under paragraph (1)— 

24 ‘‘(A) $259,341,759 shall be for paid in 

25 shares of the Bank; and 

mstockstill on DSK4VPTVN1PROD with BILLS

1186 

•HR 3671 IH

1 ‘‘(B) $4,062,886,462 shall be for callable 

2 shares of the Bank.’’. 

3 (e) EUROPEAN BANK FOR RECONSTRUCTION AND

4 DEVELOPMENT.—The European Bank for Reconstruction 

5 and Development Act, Section 562(c) of Public Law 101– 

6 513, as amended (22 U.S.C. 290l et seq.), is further 

7 amended by adding at the end thereof the following new 

8 paragraph: 

9 ‘‘(12) CAPITAL INCREASE.— 

10 ‘‘(A) SUBSCRIPTION AUTHORIZED.— 

11 ‘‘(i) The United States Governor of 

12 the Bank may subscribe on behalf of the 

13 United States up to 90,044 additional call14 able shares of the capital stock of the 

15 Bank in accordance with Resolution No. 

16 128 as adopted by the Board of Governors 

17 of the Bank on May 14, 2010. 

18 ‘‘(ii) Any subscription by the United 

19 States to additional capital stock of the 

20 Bank shall be effective only to such extent 

21 and in such amounts as are provided in 

22 advance in appropriations Acts. 

23 ‘‘(B) LIMITATIONS ON AUTHORIZATION OF

24 APPROPRIATIONS.—In order to pay for the in25 crease in the United States subscription to the 

mstockstill on DSK4VPTVN1PROD with BILLS

1187 

•HR 3671 IH

1 Bank under subsection (A), there are author2 ized to be appropriated, without fiscal year limi3 tation, up to $1,252,331,952 for payment by 

4 the Secretary of the Treasury.’’. 

5 REFORMS RELATED TO GENERAL CAPITAL INCREASES

6 SEC. 7082. (a) REFORMS.—Funds appropriated by 

7 this Act may not be disbursed for a United States con8 tribution to the general capital increases of the Inter9 national Bank for Reconstruction and Development 

10 (World Bank), the African Development Bank (AfDB), or 

11 the Inter-American Development Bank (IDB) until the 

12 Secretary of the Treasury reports to the Committees on 

13 Appropriations that such institution, as appropriate, is 

14 making substantial progress toward the following— 

15 (1) implementing specific reform commitments 

16 agreed to by the World Bank and the AfDB as de17 scribed in the Pittsburgh Leaders’ Statement issued 

18 at the Pittsburgh G20 Summit in September 2009 

19 concerning sound finances, effective management 

20 and governance, transparency and accountability, 

21 focus on core mission, and results; 

22 (2) implementing specific reform commitments 

23 agreed to by the IDB in Resolution AG–7/10 ‘‘Re24 port on the Ninth General Capital Increase in the 

25 resources of the Inter-American Development Bank’’ 

mstockstill on DSK4VPTVN1PROD with BILLS

1188 

•HR 3671 IH

1 as approved by the Governors on July 12, 2010, in2 cluding transfers of at least $200,000,000 annually 

3 to a grant facility for Haiti; 

4 (3) implementing procurement guidelines that 

5 maximize international competitive bidding in ac6 cordance with sound procurement practices, includ7 ing transparency, competition, and cost-effective re8 sults for borrowers; 

9 (4) implementing best practices for the protec10 tion of whistleblowers from retaliation, including 

11 best practices for legal burdens of proof, access to 

12 independent adjudicative bodies, results that elimi13 nate the effects of retaliation, and statutes of limita14 tion for reporting retaliation; 

15 (5) requiring that each candidate for budget 

16 support or development policy loans provide an as17 sessment of reforms needed to budgetary and pro18 curement processes to encourage transparency, in19 cluding budget publication and public scrutiny, prior 

20 to loan approval; 

21 (6) making publicly available external and in22 ternal performance and financial audits of such in23 stitution’s projects on the institution’s Web site; 

24 (7) adopting policies concerning the World 

25 Bank’s proposed Program for Results (P4R) to: 

mstockstill on DSK4VPTVN1PROD with BILLS

1189 

•HR 3671 IH

1 limit P4R to no more than 5 percent of annual 

2 World Bank lending as a pilot for a period of not 

3 less than two years; require that projects with poten4 tially significant adverse social or environmental im5 pacts and projects that affect indigenous peoples are 

6 either excluded from P4R or subject to the World 

7 Bank’s own policies; require that at the close of the 

8 pilot there will be a thorough, independent evalua9 tion, with input from civil society and the private 

10 sector, to provide guidance concerning next steps for 

11 the pilot; and fully staff the World Bank Group’s In12 tegrity Vice Presidency, with agreement from Bor13 rowers on the World Bank’s jurisdiction and author14 ity to investigate allegations of fraud and corruption 

15 in any of the World Bank’s lending programs includ16 ing P4R; and 

17 (8) concerning the World Bank, strengthening 

18 the public availability of information regarding 

19 International Finance Corporation (IFC) subprojects 

20 when the IFC is funding a financial intermediary, 

21 including— 

22 (A) requiring that higher-risk subprojects 

23 comply with the relevant Performance Standard 

24 requirements; and 

mstockstill on DSK4VPTVN1PROD with BILLS

1190 

•HR 3671 IH

1 (B) agreeing to periodically disclose on the 

2 IFC Web site a listing of the name, location, 

3 and sector of high-risk subprojects supported by 

4 IFC investments through private equity funds. 

5 (b) REPORT.—Not later than 180 days after enact6 ment of this Act and every 6 months thereafter until Sep7 tember 30, 2013, the Secretary of the Treasury shall sub8 mit to the Committees on Appropriations a report detail9 ing the extent to which each institution has continued to 

10 make progress on each policy goal listed in subsection (a). 

11 AUTHORITY FOR REPLENISHMENTS

12 SEC. 7083. (a) INTERNATIONAL DEVELOPMENT AS13 SOCIATION.—The International Development Association 

14 Act, Public Law 86–565, as amended (22 U.S.C. 284 et 

15 seq.), is further amended by adding at the end thereof the 

16 following new sections: 

17 ‘‘SEC. 26. SIXTEENTH REPLENISHMENT. 

18 ‘‘(a) The United States Governor of the International 

19 Development Association is authorized to contribute on 

20 behalf of the United States $4,075,500,000 to the six21 teenth replenishment of the resources of the Association, 

22 subject to obtaining the necessary appropriations. 

23 ‘‘(b) In order to pay for the United States contribu24 tion provided for in subsection (a), there are authorized 

25 to be appropriated, without fiscal year limitation, 

mstockstill on DSK4VPTVN1PROD with BILLS

1191 

•HR 3671 IH

1 $4,075,500,000 for payment by the Secretary of the 

2 Treasury. 

3 ‘‘SEC. 27. MULTILATERAL DEBT RELIEF. 

4 ‘‘(a) The Secretary of the Treasury is authorized to 

5 contribute, on behalf of the United States, not more than 

6 $474,000,000 to the International Development Associa7 tion for the purpose of funding debt relief cost under the 

8 Multilateral Debt Relief Initiative incurred in the period 

9 governed by the sixteenth replenishment of resources of 

10 the International Development Association, subject to ob11 taining the necessary appropriations and without preju12 dice to any funding arrangements in existence on the date 

13 of the enactment of this section. 

14 ‘‘(b) In order to pay for the United States contribu15 tion provided for in subsection (a), there are authorized 

16 to be appropriated, without fiscal year limitation, not more 

17 than $474,000,000 for payment by the Secretary of the 

18 Treasury. 

19 ‘‘(c) In this section, the term ‘Multilateral Debt Re20 lief Initiative’ means the proposal set out in the G8 Fi21 nance Ministers’ Communique ́ entitled ‘Conclusions on 

22 Development’, done at London, June 11, 2005, and re23 affirmed by G8 Heads of State at the Gleneagles Summit 

24 on July 8, 2005.’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

1192 

•HR 3671 IH

1 (b) AFRICAN DEVELOPMENT BANK.—The African 

2 Development Fund Act, Public Law 94–302, as amended 

3 (22 U.S.C. 290g et seq.), is further amended by adding 

4 at the end thereof the following new sections: 

5 ‘‘SEC. 221. TWELFTH REPLENISHMENT. 

6 ‘‘(a) The United States Governor of the Fund is au7 thorized to contribute on behalf of the United States 

8 $585,000,000 to the twelfth replenishment of the re9 sources of the Fund, subject to obtaining the necessary 

10 appropriations. 

11 ‘‘(b) In order to pay for the United States contribu12 tion provided for in subsection (a), there are authorized 

13 to be appropriated, without fiscal year limitation, 

14 $585,000,000 for payment by the Secretary of the Treas15 ury. 

16 ‘‘SEC. 222. MULTILATERAL DEBT RELIEF. 

17 ‘‘(a) The Secretary of the Treasury is authorized to 

18 contribute, on behalf of the United States, not more than 

19 $60,000,000 to the African Development Fund for the 

20 purpose of funding debt relief costs under the Multilateral 

21 Debt Relief Initiative incurred in the period governed by 

22 the twelfth replenishment of resources of the African De23 velopment Fund, subject to obtaining the necessary appro24 priations and without prejudice to any funding arrangemstockstill on DSK4VPTVN1PROD with BILLS

1193 

•HR 3671 IH

1 ments in existence on the date of the enactment of this 

2 section. 

3 ‘‘(b) In order to pay for the United States contribu4 tion provided for in subsection (a), there are authorized 

5 to be appropriated, without fiscal year limitation, not more 

6 than $60,000,000 for payment by the Secretary of the 

7 Treasury. 

8 ‘‘(c) In this section, the term ‘Multilateral Debt Re9 lief Initiative’ means the proposal set out in the G8 Fi10 nance Ministers’ Communique ́ entitled ‘Conclusions on 

11 Development’, done at London, June 11, 2005, and re12 affirmed by G8 Heads of State at the Gleneagles Summit 

13 on July 8, 2005.’’. 

14 AUTHORITY FOR THE FUND FOR SPECIAL OPERATIONS

15 SEC. 7084. Up to $36,000,000 of funds appropriated 

16 for the account ‘‘Department of the Treasury, Debt Re17 structuring’’ by the Full-Year Continuing Appropriations 

18 Act, 2011 (Public Law 112–10, Division B) may be made 

19 available for the United States share of an increase in the 

20 resources of the Fund for Special Operations of the Inter21 American Development Bank in furtherance of debt relief 

22 provided to Haiti in view of the Cancun Declaration of 

23 March 21, 2010. 

mstockstill on DSK4VPTVN1PROD with BILLS

1194 

•HR 3671 IH

1 UNITED NATIONS POPULATION FUND

2 SEC. 7085. (a) CONTRIBUTION.—Of the funds made 

3 available under the heading ‘‘International Organizations 

4 and Programs’’ in this Act for fiscal year 2012, 

5 $35,000,000 shall be made available for the United Na6 tions Population Fund (UNFPA). 

7 (b) AVAILABILITY OF FUNDS.—Funds appropriated 

8 by this Act for UNFPA, that are not made available for 

9 UNFPA because of the operation of any provision of law, 

10 shall be transferred to the ‘‘Global Health Programs’’ ac11 count and shall be made available for family planning, ma12 ternal, and reproductive health activities, subject to the 

13 regular notification procedures of the Committees on Ap14 propriations. 

15 (c) PROHIBITION ON USE OF FUNDS IN CHINA.— 

16 None of the funds made available by this Act may be used 

17 by UNFPA for a country program in the People’s Repub18 lic of China. 

19 (d) CONDITIONS ON AVAILABILITY OF FUNDS.— 

20 Funds made available by this Act for UNFPA may not 

21 be made available unless— 

22 (1) UNFPA maintains funds made available by 

23 this Act in an account separate from other accounts 

24 of UNFPA and does not commingle such funds with 

25 other sums; and 

mstockstill on DSK4VPTVN1PROD with BILLS

1195 

•HR 3671 IH

1 (2) UNFPA does not fund abortions. 

2 (e) REPORT TO CONGRESS AND DOLLAR-FOR-DOL3 LAR WITHHOLDING OF FUNDS.— 

4 (1) Not later than 4 months after the date of 

5 enactment of this Act, the Secretary of State shall 

6 submit a report to the Committees on Appropria7 tions indicating the amount of funds that the 

8 UNFPA is budgeting for the year in which the re9 port is submitted for a country program in the Peo10 ple’s Republic of China. 

11 (2) If a report under paragraph (1) indicates 

12 that the UNFPA plans to spend funds for a country 

13 program in the People’s Republic of China in the 

14 year covered by the report, then the amount of such 

15 funds the UNFPA plans to spend in the People’s 

16 Republic of China shall be deducted from the funds 

17 made available to the UNFPA after March 1 for ob18 ligation for the remainder of the fiscal year in which 

19 the report is submitted. 

20 LIMITATIONS

21 SEC. 7086. (a)(1) None of the funds appropriated 

22 under the heading ‘‘Economic Support Fund’’ in this Act 

23 may be made available for assistance for the Palestinian 

24 Authority if the Palestinians obtain, after the date of en25 actment of this Act, the same standing as member states 

mstockstill on DSK4VPTVN1PROD with BILLS

1196 

•HR 3671 IH

1 or full membership as a state in the United Nations or 

2 any specialized agency thereof outside an agreement nego3 tiated between Israel and the Palestinians. 

4 (2) The Secretary of State may waive the restriction 

5 in paragraph (1) if the Secretary certifies to the Commit6 tees on Appropriations that to do so is in the national se7 curity interest of the United States, and submits a report 

8 to such Committees detailing how the waiver and the con9 tinuation of assistance would assist in furthering Middle 

10 East peace. 

11 (b)(1) The President may waive the provisions of sec12 tion 1003 of Public Law 100–204 if the President deter13 mines and certifies in writing to the Speaker of the House 

14 of Representatives, the President pro tempore of the Sen15 ate, and the Committees on Appropriations that the Pal16 estinians have not, after the date of enactment of this Act, 

17 obtained in the United Nations or any specialized agency 

18 thereof the same standing as member states or full mem19 bership as a state outside an agreement negotiated be20 tween Israel and the Palestinians. 

21 (2) Not less than 90 days after the President is un22 able to make the certification pursuant to subsection 

23 (b)(1), the President may waive section 1003 of Public 

24 Law 100–204 if the President determines and certifies in 

25 writing to the Speaker of the House of Representatives, 

mstockstill on DSK4VPTVN1PROD with BILLS

1197 

•HR 3671 IH

1 the President pro tempore of the Senate, and the Commit2 tees on Appropriations that the Palestinians have entered 

3 into direct and meaningful negotiations with Israel: Pro4 vided, That any waiver of the provisions of section 1003 

5 of Public Law 100–204 under paragraph (1) of this sub6 section or under previous provisions of law must expire 

7 before the waiver under the preceding sentence may be 

8 exercised. 

9 (3) Any waiver pursuant to this subsection shall be 

10 effective for no more than a period of 6 months at a time 

11 and shall not apply beyond 12 months after the enactment 

12 of this Act. 

13 USE OF FUNDS IN CONTRAVENTION OF THIS ACT

14 SEC. 7087. If the Executive Branch makes a deter15 mination not to comply with any provision of this Act on 

16 constitutional grounds, the head of the relevant Federal 

17 agency shall notify the Committees on Appropriations in 

18 writing within 5 days of such determination, the basis for 

19 such determination and any resulting changes to program 

20 and policy. 

mstockstill on DSK4VPTVN1PROD with BILLS

1198 

•HR 3671 IH

1 TITLE VIII 

2 OVERSEAS CONTINGENCY OPERATIONS 

3 GLOBAL WAR ON TERRORISM 

4 DEPARTMENT OF STATE 

5 ADMINISTRATION OF FOREIGN AFFAIRS

6 DIPLOMATIC AND CONSULAR PROGRAMS

7 (INCLUDING TRANSFER OF FUNDS)

8 For an additional amount for ‘‘Diplomatic and Con9 sular Programs’’, $4,389,064,000, to remain available 

10 until September 30, 2013, of which $236,201,000 is for 

11 Worldwide Security Protection and shall remain available 

12 until expended: Provided, That the Secretary of State may 

13 transfer up to $230,000,000 of the total funds made avail14 able under this heading to any other appropriation of any 

15 department or agency of the United States, upon the con16 currence of the head of such department or agency, to sup17 port operations in and assistance for Afghanistan and to 

18 carry out the provisions of the Foreign Assistance Act of 

19 1961: Provided further, That such amount is designated 

20 by the Congress for Overseas Contingency Operations/ 

21 Global War on Terrorism pursuant to section 

22 251(b)(2)(A) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985. 

mstockstill on DSK4VPTVN1PROD with BILLS

1199 

•HR 3671 IH

1 CONFLICT STABILIZATION OPERATIONS

2 For an additional amount for ‘‘Conflict Stabilization 

3 Operations’’, $8,500,000, to remain available until ex4 pended: Provided, That such amount is designated by the 

5 Congress for Overseas Contingency Operations/Global 

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

7 Balanced Budget and Emergency Deficit Control Act of 

8 1985. 

9 OFFICE OF INSPECTOR GENERAL

10 For an additional amount for ‘‘Office of Inspector 

11 General’’, $67,182,000, to remain available until Sep12 tember 30, 2013, of which $19,545,000 shall be for the 

13 Special Inspector General for Iraq Reconstruction for re14 construction oversight, and $44,387,000 shall be for the 

15 Special Inspector General for Afghanistan Reconstruction 

16 for reconstruction oversight: Provided, That such amount 

17 is designated by the Congress for Overseas Contingency 

18 Operations/Global War on Terrorism pursuant to section 

19 251(b)(2)(A) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985. 

21 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

22 For an additional amount for ‘‘Educational and Cul23 tural Exchange Programs’’, as authorized, $15,600,000, 

24 to remain available until expended: Provided, That such 

25 amount is designated by the Congress for Overseas Conmstockstill on DSK4VPTVN1PROD with BILLS

1200 

•HR 3671 IH

1 tingency Operations/Global War on Terrorism pursuant to 

2 section 251(b)(2)(A) of the Balanced Budget and Emer3 gency Deficit Control Act of 1985. 

4 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

5 For an additional amount for ‘‘Embassy Security, 

6 Construction, and Maintenance’’, $33,000,000, to remain 

7 available until expended: Provided, That such amount is 

8 designated by the Congress for Overseas Contingency Op9 erations/Global War on Terrorism pursuant to section 

10 251(b)(2)(A) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985. 

12 INTERNATIONAL ORGANIZATIONS

13 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

14 For an additional amount for ‘‘Contributions to 

15 International Organizations’’, $101,300,000: Provided, 

16 That such amount is designated by the Congress for Over17 seas Contingency Operations/Global War on Terrorism 

18 pursuant to section 251(b)(2)(A) of the Balanced Budget 

19 and Emergency Deficit Control Act of 1985. 

20 RELATED AGENCY 

21 BROADCASTING BOARD OF GOVERNORS

22 INTERNATIONAL BROADCASTING OPERATIONS

23 For an additional amount for ‘‘International Broad24 casting Operations’’, $4,400,000: Provided, That such 

25 amount is designated by the Congress for Overseas Conmstockstill on DSK4VPTVN1PROD with BILLS

1201 

•HR 3671 IH

1 tingency Operations/Global War on Terrorism pursuant to 

2 section 251(b)(2)(A) of the Balanced Budget and Emer3 gency Deficit Control Act of 1985. 

4 RELATED PROGRAMS

5 UNITED STATES INSTITUTE OF PEACE

6 For an additional amount for ‘‘United States Insti7 tute of Peace’’, $8,411,000, to remain available until Sep8 tember 30, 2013: Provided, That such amount is des9 ignated by the Congress for Overseas Contingency Oper10 ations/Global War on Terrorism pursuant to section 

11 251(b)(2)(A) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985. 

13 UNITED STATES AGENCY FOR INTERNATIONAL 

14 DEVELOPMENT 

15 FUNDS APPROPRIATED TO THE PRESIDENT

16 OPERATING EXPENSES

17 For an additional amount for ‘‘Operating Expenses’’, 

18 $255,000,000, to remain available until September 30, 

19 2013: Provided, That such amount is designated by the 

20 Congress for Overseas Contingency Operations/Global 

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

22 Balanced Budget and Emergency Deficit Control Act of 

23 1985. 

mstockstill on DSK4VPTVN1PROD with BILLS

1202 

•HR 3671 IH

1 OFFICE OF INSPECTOR GENERAL

2 For an additional amount for ‘‘Office of Inspector 

3 General’’, $4,500,000, to remain available until September 

4 30, 2013: Provided, That such amount is designated by 

5 the Congress for Overseas Contingency Operations/Global 

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

7 Balanced Budget and Emergency Deficit Control Act of 

8 1985. 

9 BILATERAL ECONOMIC ASSISTANCE 

10 FUNDS APPROPRIATED TO THE PRESIDENT

11 INTERNATIONAL DISASTER ASSISTANCE

12 For an additional amount for ‘‘International Disaster 

13 Assistance’’, $150,000,000, to remain available until Sep14 tember 30, 2013: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 

17 251(b)(2)(A) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 TRANSITION INITIATIVES

20 For an additional amount for ‘‘Transition Initia21 tives’’, $6,554,000, to remain available until September 

22 30, 2013: Provided, That such amount is designated by 

23 the Congress for Overseas Contingency Operations/Global 

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

mstockstill on DSK4VPTVN1PROD with BILLS

1203 

•HR 3671 IH

1 Balanced Budget and Emergency Deficit Control Act of 

2 1985. 

3 COMPLEX CRISES FUND

4 For an additional amount for ‘‘Complex Crises 

5 Fund’’, $30,000,000, to remain available until September 

6 30, 2013: Provided, That such amount is designated by 

7 the Congress for Overseas Contingency Operations/Global 

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

9 Balanced Budget and Emergency Deficit Control Act of 

10 1985. 

11 ECONOMIC SUPPORT FUND

12 For an additional amount for ‘‘Economic Support 

13 Fund’’, $2,761,462,000, to remain available until Sep14 tember 30, 2013: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 

17 251(b)(2)(A) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 DEPARTMENT OF STATE

20 MIGRATION AND REFUGEE ASSISTANCE

21 For an additional amount for ‘‘Migration and Ref22 ugee Assistance’’, $229,000,000, to remain available until 

23 September 30, 2013: Provided, That such amount is des24 ignated by the Congress for Overseas Contingency Oper25 ations/Global War on Terrorism pursuant to section 

mstockstill on DSK4VPTVN1PROD with BILLS

1204 

•HR 3671 IH

1 251(b)(2)(A) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 DEPARTMENT OF THE TREASURY

4 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

5 For an additional amount for ‘‘International Affairs 

6 Technical Assistance’’, $1,552,000, to remain available 

7 until September 30, 2013, which shall be available not8 withstanding any other provision of law: Provided, That 

9 such amount is designated by the Congress for Overseas 

10 Contingency Operations/Global War on Terrorism pursu11 ant to section 251(b)(2)(A) of the Balanced Budget and 

12 Emergency Deficit Control Act of 1985. 

13 INTERNATIONAL SECURITY ASSISTANCE 

14 DEPARTMENT OF STATE

15 INTERNATIONAL NARCOTICS CONTROL AND LAW

16 ENFORCEMENT

17 For an additional amount for ‘‘International Nar18 cotics Control and Law Enforcement’’, $983,605,000, to 

19 remain available until September 30, 2013: Provided, 

20 That such amount is designated by the Congress for Over21 seas Contingency Operations/Global War on Terrorism 

22 pursuant to section 251(b)(2)(A) of the Balanced Budget 

23 and Emergency Deficit Control Act of 1985. 

mstockstill on DSK4VPTVN1PROD with BILLS

1205 

•HR 3671 IH

1 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

2 RELATED PROGRAMS

3 For an additional amount for ‘‘Nonproliferation, 

4 Anti-terrorism, Demining and Related Programs’’, 

5 $120,657,000, to remain available until September 30, 

6 2013: Provided, That such amount is designated by the 

7 Congress for Overseas Contingency Operations/Global 

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

9 Balanced Budget and Emergency Deficit Control Act of 

10 1985. 

11 PEACEKEEPING OPERATIONS

12 For an additional amount for ‘‘Peacekeeping Oper13 ations’’, $81,000,000, to remain available until September 

14 30, 2013: Provided, That such amount is designated by 

15 the Congress for Overseas Contingency Operations/Global 

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

17 Balanced Budget and Emergency Deficit Control Act of 

18 1985. 

19 FUNDS APPROPRIATED TO THE PRESIDENT

20 FOREIGN MILITARY FINANCING PROGRAM

21 For an additional amount for ‘‘Foreign Military Fi22 nancing Program’’, $1,102,000,000, to remain available 

23 until September 30, 2013: Provided, That such amount 

24 is designated by the Congress for Overseas Contingency 

25 Operations/Global War on Terrorism pursuant to section 

mstockstill on DSK4VPTVN1PROD with BILLS

1206 

•HR 3671 IH

1 251(b)(2)(A) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 PAKISTAN COUNTERINSURGENCY CAPABILITY FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses to carry out the provisions 

6 of chapter 8 of part I and chapters 2, 5, 6, and 8 of part 

7 II of the Foreign Assistance Act of 1961 and section 23 

8 of the Arms Export Control Act, $850,000,000, to remain 

9 available until September 30, 2013, for the purpose of pro10 viding assistance for Pakistan to build and maintain the 

11 counterinsurgency capability of Pakistani security forces 

12 (including the Frontier Corps), to include program man13 agement, training in civil-military humanitarian assist14 ance, human rights training, and the provision of equip15 ment, supplies, services, training, and facility and infra16 structure repair, renovation, and construction: Provided, 

17 That notwithstanding any other provision of law except 

18 section 620M of the Foreign Assistance Act of 1961, as 

19 amended by this Act, such funds shall be available to the 

20 Secretary of State, with the concurrence of the Secretary 

21 of Defense: Provided further, That such funds may be 

22 transferred by the Secretary of State to the Department 

23 of Defense or other Federal departments or agencies to 

24 support counterinsurgency operations and may be merged 

25 with, and be available, for the same purposes and for the 

mstockstill on DSK4VPTVN1PROD with BILLS

1207 

•HR 3671 IH

1 same time period as the appropriation or fund to which 

2 transferred or may be transferred pursuant to the authori3 ties contained in the Foreign Assistance Act of 1961: Pro4 vided further, That the Secretary of State shall, not fewer 

5 than 15 days prior to making transfers from this appro6 priation, notify the Committees on Appropriations, in writ7 ing, of the details of any such transfer: Provided further, 

8 That the Secretary of State shall submit not later than 

9 30 days after the end of each fiscal quarter to the Commit10 tees on Appropriations a report in writing summarizing, 

11 on a project-by-project basis, the uses of funds under this 

12 heading: Provided further, That upon determination by the 

13 Secretary of State, with the concurrence of the Secretary 

14 of Defense, that all or part of the funds so transferred 

15 from this appropriation are not necessary for the purposes 

16 herein, such amounts may be transferred by the head of 

17 the relevant Federal department or agency back to this 

18 appropriation and shall be available for the same purposes 

19 and for the same time period as originally appropriated: 

20 Provided further, That any required notification or report 

21 may be submitted in classified form: Provided further, 

22 That the amount in this paragraph is designated by the 

23 Congress for Overseas Contingency Operations/Global 

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

mstockstill on DSK4VPTVN1PROD with BILLS

1208 

•HR 3671 IH

1 Balanced Budget and Emergency Deficit Control Act of 

2 1985. 

3 GENERAL PROVISIONS 

4 SEC. 8001. Notwithstanding any other provision of 

5 law, funds appropriated in this title are in addition to 

6 amounts appropriated or otherwise made available in this 

7 Act for fiscal year 2012. 

8 SEC. 8002. Unless otherwise provided for in this Act, 

9 the additional amounts appropriated by this title to appro10 priations accounts in this Act shall be available under the 

11 authorities and conditions applicable to such appropria12 tions accounts. 

13 SEC. 8003. Funds appropriated by this title under 

14 the headings ‘‘International Disaster Assistance’’, ‘‘Tran15 sition Initiatives’’, ‘‘Complex Crises Fund’’, ‘‘Economic 

16 Support Fund’’, ‘‘Migration and Refugee Assistance’’, 

17 ‘‘International Narcotics Control and Law Enforcement’’, 

18 ‘‘Nonproliferation, Anti-terrorism, Demining, and Related 

19 Programs’’, ‘‘Peacekeeping Operations’’, ‘‘Foreign Mili20 tary Financing Program’’, and ‘‘Pakistan Counterinsur21 gency Capability Fund’’, may be transferred to, and 

22 merged with, funds appropriated by this title under such 

23 headings: Provided, That such transfers shall be subject 

24 to the regular notification procedures of the Committees 

25 on Appropriations: Provided further, That the transfer aumstockstill on DSK4VPTVN1PROD with BILLS

1209 

•HR 3671 IH

1 thority in this section is in addition to any transfer author2 ity otherwise available under any other provision of law, 

3 including section 610 of the Foreign Assistance Act which 

4 may be exercised by the Secretary of State for the pur5 poses of this title. 

6 SEC. 8004. If authorized during fiscal year 2012, 

7 there shall be established in the Treasury of the United 

8 States the ‘‘Global Security Contingency Fund’’ (the 

9 Fund): Provided, That notwithstanding any provision of 

10 law, during the current fiscal year, not to exceed 

11 $50,000,000 from funds appropriated under the headings 

12 ‘‘International Narcotics Control and Law Enforcement’’, 

13 ‘‘Foreign Military Financing Program’’, and ‘‘Pakistan 

14 Counterinsurgency Capability Fund’’ under title VIII of 

15 this Act may be transferred to the Fund: Provided further, 

16 That this transfer authority is in addition to any other 

17 transfer authority available to the Department of State, 

18 and shall be subject to prior consultation with the Com19 mittees on Appropriations: Provided further, That the Sec20 retary of State shall, not later than 15 days prior to mak21 ing any such transfer, notify the Committees on Appro22 priations in accordance with the regular notification proce23 dures of the Committees on Appropriations, including the 

24 source of funds and a detailed justification, implementa25 tion plan, and timeline for each proposed project: Provided 

mstockstill on DSK4VPTVN1PROD with BILLS

1210 

•HR 3671 IH

1 further, That, notwithstanding any provision of law, the 

2 requirements of this section, including the amount and 

3 source of transferred funds, shall apply to any transfer 

4 or other authority relating to the Fund enacted subse5 quent to the enactment of this Act unless such subse6 quently enacted provision of law specifically references this 

7 section. 

8 This division may be cited as the ‘‘Department of 

9 State, Foreign Operations, and Related Programs Appro10 priations Act, 2012’’. 

Æ 

mstockstill on DSK4VPTVN1PROD with BILLS